2021 Golden Notes - Criminal Law (Readable)

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2021

CRIMINAL LAW
CRIMINAL LAW

2021 GOLDEN NOTES


FACULTY OF CIVIL LAW
UNIVERSITY OF SANTO TOMAS
MANILA
The UST GOLDEN NOTES is the annual student-edited bar review
material of the University of Santo Tomas, Faculty of Civil Law.
Communications regarding the Notes should be addressed to the
Academics Committee of the Team: Bar-Ops.

Address: Academics Committee


UST Bar Operations
Faculty of Civil Law
University of Santo Tomas
Espana, Manila 1008

Tel. No: (02) 731-4027


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Academics Committee
Faculty of Civil Law
University of Santo Tomas
Espana, Manila 1008

All rights reserved by the Academics Committee of the Faculty of Civil Law of the
Pontifical and Royal University of Santo Tomas, the Catholic University of the
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2021 Edition.

No portion of this material may be copied or reproduced in books, pamphlets, outlines


or notes, whether printed, mimeographed, typewritten, copied in different electronic
devises or in any other form, for distribution or sale, without a written permission.

A copy of this material without the corresponding code either proceeds from an illegal
source or is in possession of one who has no authority to dispose the same.

Released in the Philippines, 2021.


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ACADEMIC YEAR 2020-2021


CIVIL LAW STUDENT COUNCIL
LYODYCHIE Q. CAMARAO PRESIDENT
MARIA FRANCES FAYE R. GUTIERREZ VICE PRESIDENT INTERNAL
STEPHEN FLOYD A. GOPEZ VICE PRESIDENT EXTERNAL
KRYSTAL GAYLE R. DIGAY SECRETARY
NATHAN RAPHAEL D.L. AGUSTIN TREASURER
GIAN JUSTIN E. VERONA PUBLIC RELATIONS OFFICER
IRIS ABIGAIL C. PORAQUE CHIEF-OF-STAFF

UST BAR-OPS
KRIZA NINA B. MALALUAN CHAIRPERSON
ELISHA ELAINE D. BAYOT VICE-CHAIRPERSON INTERNAL
JOSEPHINE GRACE W. ANG VICE CHAIRPERSON EXTERNAL
MARINETTE M. SOBREVILLA SECRETARY
SARAH ANGELA D. EVA HEAD, PUBLIC RELATIONS OFFICER
REBECCA JOY M. MALITAO HEAD, FINANCE COMMITTEE
JEDIDIAH R. PADUA HEAD, HOTEL ACCOMMODATIONS COMMITIEE
SABINA MARIA H. MABUTAS ASST. HEAD, HOTEL ACCOMODATIONS
COMMITTEE
JOEMARI MATHEW R. AGARIN HEAD, LOGISTICS COMMITTEE
JOHN FREDERICK A. NOJARA LOGISTICS COMMITTEE
KIER JOHN V. UY LOGISTICS COMMITTEE
CHRISTINE JOYCE P. ANDRES SENIOR MEMBER
ELOUISA ANN D.C. CARREON SENIOR MEMBER
NICOLE MARIE A. CORTES SENIOR MEMBER
PATRICIA MAE D. GUILLERMO SENIOR MEMBER
GLENN MATTHEW C. MANLAPID SENIOR MEMBER
CIARI T. MENDOZA SENIOR MEMBER
MARYLOU RENZI M. OLOTEO SENIOR MEMBER
LOUELLE JUDE B. QUE SENIOR MEMBER
JAMES ROSS L. TAN SENIOR MEMBER

ATIY. AL CONRAD B. ESPALDON


ADVISER
ACADEMICS COMMITTEE 2021
MARIA FRANCES FAYE R. GUTIERREZ SECRETARY GENERAL
NATHAN RAPHAEL D.L. AGUSTIN ASST. SECRETARY GENERAL
JOHN EDWARD F. FRONDA EXECUTIVE COMMITTEE
ANGEL JSAH M. ROMERO EXECUTIVE COMMITTEE
KIRBY ANNE C. RENIA EXECUTIVE COMMITTEE
KAREN ABBIE C. ASPJRAS EXECUTIVE COMMITTEE
JOSE CHRISTIAN ANTHONY I. PINZON EXECUTIVE COMMITTEE
MARIA FRANCES FAYE R. GUTIERREZ LAYOUT ARTIST
CIARI T. MENDOZA COVER DESIGN ARTIST

CRIMINAL LAW COMMITTEE 2021


JUSTINE JSCAH MADRILEJOS
CRIMINALIAW COMMl'ITEE HEAP

PRECIOUS JOY D. PACIONELA ASST. HEAD, CRIMINAL LAW 1


LARISA C. SERRANO ASST. HEAD, CRIMINAL LAW 2
JOSE J. AZURIN Ill ASST. HEAD, SPECIAL PENAL LAWS

MEMBERS
RON-SOPHIA NICOLE C. ANTONIO MA. JERMAINE A. MARTINEZ
DANIELLE B. BARANDA SOPHIA MAE P. PIMENTAL
EARL NICOLE B. BARRIETA REEM D. PRUDENCIO
LYNDON C. BENIDO VINCE RAPHAEL P. ROMANA
GERMAINE VIDA L. CARREON KURT RANJEL E. RONQUILLO
PRECIOUS DIANNE A. CONCEPCION MARY ANGELIQUE M. SAGUJD
LANA MEDEYA L. DE GUZMAN JOHN DON CARLO P. TURQUEZA
NUVJ MAECY H. DELA CRUZ DIANNE MICAH ANGELA YUMANG
SABINA MARIA H. MABUTAS

ATTY. VJNS PLATON


Adviser
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ACADEMICS COMMITTEE 2020


AYA DOMINIQUE S. CAPARAS SECRETARY GENERAL
MARIA FRANCES FAYE R. GUTIERREZ ASST. SECRETARY GENERAL
RUTH MAE G. SANVICTORES EXECUTIVE COMMITTEE
NICOLE G. AMANTE EXECUTIVE COMMITTEE
JAYSON GABRIEL R. SORIANO EXECUTIVE COMMITTEE
CARA ANGELA N. FLORES EXECUTIVE COMMITTEE
IANA CASSANDRA Y. ESMILE EXECUTIVE COMMITTEE
AYA DOMINIQUE S. CAPARAS LAYOUT ARTIST
CIARI T. MENDOZA COVER DESIGN ARTIST

CRIMINAL LAW COMMITTEE 2020


JOHN EDWARD F. FRONDA
CRIMINAi, l:AW COMMITTEEHEAP

NATHAN RAPHAEL AGUSTIN ASST. HEAD, CRIMINAL LAW 1


ANGEL ISAH ROMERO ASST. HEAD, CRIMINAL LAW 2
LOUIS-MARI OPINA ASST. HEAD, SPECIAL PENAL LAWS

MEMBERS
MARIE ANGELIQUE AQUINO GERIE ROSE MANZANO
KIMBERLY BALIGOD ELLAINE MARALLAG
LVZETH CHONG COLEEN PALISOC
APRIL ANNE FLORES SARAH MAE DY SIM
MA. ALLYANA LAGUNILLA JOSHUA MARTIN VILLARICA
JUSTINE ISCAH MADRILEJOS ANGELICA FAITH YANCHA

ATTY. VJNS PLATON


Adviser
FACULTY OF CIVIL LAW
UNIVERSITY OF SANTO TOMAS

ACADEMIC OFFICIALS

ATTY. NILO T. DIVINA REV. FR. ISIDRO C. ABANO, O.P.


DEAN REGENT

ATTY. ARTHUR B. CAPILI


FACULTY SECRETARY

ATTY. ELGIN MICHAEL C. PEREZ


LEGAL COUNSEL
UST CHIEF JUSTICE ROBERTO CONCEPCION LEGAL AID CLINIC

JUDGE PHILIP A. AGUINALDO


SWDB COORDINATOR

LENY G. GADIANA, R.G.C.


GUIDANCE COUNSELOR
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OUR DEEPEST APPRECIATION TO OUR


MENTORS AND INSPIRATION

JUSTICE EDILBERTO G. SANDOVAL

JUDGE OSCAR B. PIMENTEL

JUDGE RICO SEBASTIAN D. LIWANAG

JUDGE PHILIP A. AGUINALDO

ATTY. VICTORIA C. GARCIA

JUDGE PEDRO T. DABU, JR.

For being our guideposts in understanding the intricate sphere of Criminal Law.
-Academics Committee 2021
DISCLAIMER

THE RISK OF USE OF THIS BAR


REVIEW MATERIAL SHALL BE
BORNE BY THE USER
TABLE OF CONTENTS
PART I: REVISED PENAL CODE (RPC) BOOK I

I. PRINCIPLES OF CRIMINAL LAW

A . FUNDAMENTAL AND GENERAL PRINCIPLES I N CRIMINAL LAW ............................................... 1


1.. Mala in se and Mala Prohibita ............................................................................................ 3
2. Interpretation ofPenal Laws ............................................................................................. 4
3. A pplicability and effectivity ............................................................................................... 4
a. Generality ......................................................................................................................................... 4
b. Territoriality ................................................................................................................................... 5
c. Prospectivity/lrretrospectivity ............................................................................................. 5
B. FELONIES ............ ................................................................................................................................. 6
1.. Criminal liabilities and felonies ........................................................................................ 6
a. Classifications of felonies .......................................................................................................... 8
b. Aberratio lctus� error in personae, and praeter intentionem ...................................10
c. Impossible crime .........................................................................................................................12
d. Stages of acts of execution ...................................................................................................... 14
e. Conspiracy and proposal .........................................................................................................17
f. Continued crimes ........................................................................................................................ 21
g. Complex crimes and composite crimes ............................................................................ 22
2. Circumstances affecting criminal liability .................................................................. 24
a. Jus tifying circumstances .......................................................................................................... 24
b. Exempting circumstances .......................................................................................................32
c. Mitigating circumstances ....................................................................................................................................... 38
d. Agggravating circumstances ................................................................................................. 47
e. Alternative circumstances ......... .......... .... ........ ....... ... ....... ..... ............................. .... ................. ... .... ...... ....... .... ....68
f. Absolutory causes ....................................................................................................................... 70
3. Persons liable and degree of participation ................................................................. 72
a. Principals ........................................................................................................................................ 73
b. Accomplices ................................................................................................................................... 76
c. Access ories ..........................................................................................................77
d. Multiple offenders ...................................................................................................................... 80
4. Penalties ............................................................................................................................... 85
a. Imposable penalties ................................................................................................................... 85
b. Classification ................................................................................................................................. 87
c. Duration and effett .................................................................................................................... 89
d. Application ofpenalties ........................................................................................................... 99
5. Modification and extinction of criminal liability..................................................... 111
6. Civil liability in criminal cases ...................................................................................... 118

PART II: REVISED PENAL CODE (RPC) BOOK II

B. CRIMES UNDER THE REVISED PENAL CODE

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS ..................................................... 123
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE ................................................................... 132
CRIMES AGAINST PUBLIC ORDER ...................................................................................................................... 142
CRIMES AGAINST PUBLIC INTEREST ................................................................................................................ 167
CRIMES AGAINST PUBLIC MORALS ................................................................................................................... 186
CRIMES COMMITTED BY PUBLIC OFFICERS .................................................................................................... 189
CRIMES AGAINST PERSONS ................................................................................................................................. 211
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY ............................................................................... 240
CRIMES AGAINST PROPERTY----------------------258
CRIMES AGAINST CHASTITY ............................................................................................................................... 284
CRIMES AGAINST THE CIVIL STATUS OF PERSONS ....................................................................................... 295
CRIMES AGAINST HONOR ....................................................................................................................................299
CRIMINAL NEGLIGENCE ...........................................••.....••........................................................••.....••................... 309

PART III: SPECIAL PENAL LAWS

INDETERMINATE SENTENCE LAW (ACT 4103,AS AMENDED) ......................................••.....••...................312


PROBATION LAW (PD 968 AS AMENDED BY RA 10707) ............................................................................. 315
ANTI·CARNAPPING LAW (RA 10883) ..........................•.....••.................................................••.....••.....••............319
ANTI·ELECTRICITYAND ELECTRIC TRANSMISSION LINES/MATERIALSPILFERAGE ACT ...•..•..•...••..322
FISHERIES CODE (RA 8550, AS AMENDED BYRA 10654) ........................................................................... 326
ANTI·FENCING LAW (PD 1612) ....................................••.....••........................................................••......•............ 333
BOUNCING CHECKS LAW (B.P. 22)..................................................................................................................... 335
SWINDLING BY SYNDICATE -INCREASING THE PENALTY FOR CERTAIN FORMS OF SWINDLING
OR ESTAFA (PD 1689) .....................................................•........................................................••.....••................... 339
MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995 (RA 8042,AS AMENDED BY RA
10022).......................................................................................................................................................................340
ANTl·ILLEGAL NUMBERS GAMES LAW INCREASING THE PENALTIES FOR ILLEGAL NUMBERS
GAME (PD 1602,AS AMENDED BY RA 9287) ..................................................................................................344
COMPREHENSIVE LAW ON FIREARMSAND AMMUNITION (PD 1866,AS AMENDED BY RA 8294
AND RA 10591) .......••.................................................••......•.....••.................................................••.....••.....••............ 347
ANTl·HAZING LAW (RA 11053) .........................................................................................................................353
COMPREHENSIVE DANGEROUS DRUGS ACT (RA. 9165)............................................................................. 357
CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPWYEES .............376
ANTI·GRAFT AND CORRUPT PRACTICES ACT (RA 3019,AS AMENDED) ................................................ 379
ANTI·PLUNDER ACT (RA 7080, AS AMENDED) .............................................................................................. 386
ANTl·MONEY LAUNDERING ACT OF 2001 (RA 9160,AS AMENDED) ...........................••.....••.....••............388
OBSTRUCTION OF JUSTICE (PD 1829) ............................................................................................................. 395
ANTI·TORTURE ACT (RA 9745) ......................................................................................................................... 396
HUMAN SECURITY ACT (RA 9372) ..............................••.....••.................................................••.....••.....••............ 400
THE TERRORISM FINANCING PREVENTION AND SUPPRESSION ACT OF 2012 (RA 10168) ..............401
ANTI•WIRE TAPPING ACT (RA 4200) ...............................................................................................................404
CYBERCRIME PREVENTION ACT (RA 10175) ............•........................................................••.....••................... 407
ANTI·CHILD PORNOGRAPHY LAW (RA 9775) ................................................................................................412
ANTl•PHOTO AND VIDEO VOYEURISM ACT OF 2009 (RA 9995) ••.••.••.•..•..•..•..•..• ••.•.•..•..••.•..• 414
ANTI·SEXUAL HARASSMENT (RA 7877) ....................••........................................................••.....••................... 415
ANTI·TRAFFICKING IN PERSONS ACT (RA 9208,AS AMENDED BY RA 10364) .....................................418
ANTI•VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT (RA 9262)...............••.....••...................423
ANTI·CHILD ABUSE LAW (RA 7610,AS AMENDED) .•.....••.................................................••.....••.....••............428
SAFE SPACES ACT (RA 11313) ............................................................................................................................ 433
DATA PRIVACY ACT OF 2012 (RA 10173) .................••........................................................••.....••...................437
ANTl·ARSON LAW (PD 1613) ...............•..•..•...•..•..•.....•....•.....•..•..•...•..•..•.....•....•.....•..•..•...•..•..•........•...........445
ANTI·HIJACKING LAW (RA 6235) ...................................................................................................................... 446
ANTI·PIRACYAND ANTI·HIGHWAYROBBERY (PD 532) ................................................••.....••...................447
CHILDREN'S SAFETY ON MOTORCYCLES ACT (RA 10666) .............................................••.....••...................449
JUVENILE JUSTICE AND WELFARE ACT (RA 9344,AS AMENDED BY RA 10630 IN RELATION TO PD
603) ....................••...............................................................••........................................................••.....••...................450
TRUST RECEIPTS LAW (PD 115) ..................................••.....••.................................................••.....••......•............ 454
ANTl·ALIAS LAW (CA 142,AS AMENDED) .......................................................................................................456
CRIMINAL LAW

against acts or omissions which the society


BOOK I, REVISED PENAL CODE does not approve. Consistent with this theory
is the ma/a prahibita principle which
punishes an offense regardless of malice or
criminal intent.
FUNDAMENTAL AND GENERAL
PRINCIPLES IN CRIMINAL LAW
Eouiooise Buie
DEFINITION OF CRIMINAL LAW Where the evidence in a criminal case is evenly
balanced, the constitutional presumption of
Criminal law is a branch of law which defines innocence tilts the scaJes in favor of the accused.
crimes, treats of their nature, and provides for
their punishment. Under this rule_. where the evidence on an issue
of fact is in equipoise or there is doubt on which
Theories in criminal law side the evidence preponderates, the party
having the burden of proof loses. The equipoise
1. Classical theory - The basis of criminal rule finds application if the inculpatory facts and
liability is human free will and the purpose of circumstances are capable of two or more
the penalty is retribution. It is endeavoured explanations, one of which is consistent with the
to establish a mechanical and direct innocence of the accused and the other consistent
proportion between crime and penalty. with his guilt, for then the evidence does not
There is a scant regard to the human fulfill the test of moral certainty, and does not
element. suffice to produce a conviction. (Maria Tin v.
People, G.R. No. 126480, August 10, 2001)
NOTE: The RPC is generally governed by this
theory. Legal basis for inflictingpunishment
2. Positivist theory - The basis of criminal The power to punish violators of criminal law
liability is the sum of the social, natural, and comes within the police power of the State. It is
economic phenomena to which the ac.tor is the injury inflicted to the public which a criminal
exposed. The purposes of penalty are action seeks to redress and not the injury to the
prevention and correction. The penalties individual.
imposed must not only be retributive but
must also be refonnative. (Campanilla, 2020)
This theory is exemplified in the provisions
Sources of criminalor oenal laws
regarding impossible crimes (Art 4, RPC), the 1. The Revised Penal Code (RPC) (Act No. 3815)
mitigating circumstances of voluntary and its amendments;
surrender and plea of guilty (Art. 13, par. 7, 2. Special penal laws passed by the Philippine
RPC), and habitual delinquency. (Art. 62, par. Commission, Philippine Assembly, Philippine
5, RPC) Legislature, National Assembly, Batasang
Pambansa, and Congress of the Philippines;
3. Eclectic or Mixed theory - It is a 3. Penal Presidential Decrees issued during
combination of positivist and classical Martial Law by President Marcos;
thinking wherein crimes that are economic 4. Penal Executive Orders issued during
and social in nature should be dealt in a President Corazon Aquino's term;
positive manner: thus, the law is more 5. Decisions of the Supreme Court of the
compassionate. Ideally, the classical theory is Philippines and Spain;
applied to heinous crimes, whereas, the 6. Codigo Penal of Spain; and
positivist is made to work on economic and 7. Various penal ordinaces passed by local
sociaJ crimes. legislative bodies.
4. Utilitarian or Protective theory - The NOTE: There are no common law crimes in the
primary purpose of punishment under Philippines (Reyes, 2017), as embodied in the
criminal law is the protection of society from Latin maxim nullum crimen� nu/la poena sine Jege·
at1:ual and potential wrongdoers. The courts, there is no crime when there is no law punishing
therefore, in exacting retribution for the the same.
wronged society, should direct the
punishment to potential or actual
wrongdoers since criminal law is directed

UNIVERSITY OF SANTO TOMAS



FACULTY OF CIVIL LAW
BOOK I - FELONIES

Limjtations o n the power of Cong·ress to enact uncontrollable fear to do an att against his
oenal laws CArride Ill Sec 22 1967 will, in which that act produces a crime or
Coostiturionl offense, such person is exempted in any
criminal liability arising from said act.
1. Ex post facto law - The Congress cannot
make an ex post facto law. (Article Ill, Sec 22, Poctrine of Pro Ben in relation to ActicJe 4·6
1987 Constitution) This limitation prohibits reeaallv Farcomutcx crimes) of theRPC c201o
the passage of retroactive laws which are l!aBl
prejudicial to the accused.
Following the Doctrine of Pro Reo, crimes under
2. Bill of attainder - The Congress cannot Art. 48 of the RPC are complexed and punished
make a bill of attainder. (Article Ill, Sec 22, with a single penalty (that prescribed for the
1987 Constitution) This limitation requires most serious crime and to be imposed in its
that criminal laws must be of general maximum period). The rationale being that the
application and must clearly define the acts accused who commits two crimes with a single
and omissions punished as crimes. criminal impulse demonstrates lesser perversity
than when the crimes are committed by different
3. Equal Protection Clause - The Congress acts and several criminal resolutions. (People v.
must legislate laws that equally treat Comadre, C.R. No.1S3559,June 8, 2004)
persons or properties similarly situated
with respect to the conferment of rights or lJ:i.wJ:.
imposition of obligations. (Article Ill, Sec 22,
1987 Constitution; Campanil/a, 2020) The generic term used to refer to a wrongdoing
punished either under the RPC or under a special
law. It is an act committed or omitted in violation
4. Due Process Clause - The Congress must
of a public law forbidding or commanding it
legislate laws that do not deprive a person
(Bouvier's Law Dictionary, 2012, as cited in Reyes,
his life, liberty, or property and must be
2017)
given the opportunity to be heard and
afforded all rights to which he is entitled.
(Article Ill, Sec 22, 1987 Constitution; Classifirarinns ofcrime
Campanil/a, 2020)
1. As to the manner or mode of execution
Basic maxims in criminal law (Art 3, RPC)
a. Dalo or felonies committed with
1. Nullum crimen, nu/la poena sine /eg e deliberate intent
(There is no crime when there is no law b. Culpa or those committed by means of
punishing the same) - No matter how fault
wrongful, evil, or bad the act is, if there is no
law defining the act, the same is not 2. As to the stage ofexecution (Art 6, RPC)
considered a crime. a. Consummated
b. Frustrated
2. Actus non facitreum, nisi mens sitrea (The c. Attempted
act cannot be criminal where the mind is not
criminal) - This is true to a felony 3. As to gravity (Art 9, RPC)
characterized by do/o (deceit), but not to a a. Light felonies
felony resulting from cu/po (fault). b. Less grave felonies
c. Grave felonies
3. Doctrine of Pro Reo - Whenever a penal law
to be construed or applied admits of two 4. As to nature
interpretations, one lenient to the offender a. Mala ln se
and one strict to the offender, the b. Mala prohibita
interpretation which is lenient or favorable
to the offender will be adopted. S. As to count
a. Compound
4. Actus me invito factus non est meus actus b. Composite or special complex
(An act done by me against my will is not my c. Complex, under Art. 48 of the RPC
act) - Whenever a person is under a d. Continued
compulsion of irresistible force or e. Continuing

II UNIVERSITY OF SANTO TOMAS


2021 GOLDEN NOTES
2
CRIMINAL LAW

6. As to division and,
a. Formal felonies - those which are always therefore,
consummated (e.g. physical injuries). good faith
b. Material felonies - those which have and lack of
various stages of execution. criminal
c . Those which do not admit of the intent are
frustrated stage (e.g. rape and theft). valid
defenses
Soerial Jaw unless they
are the
A penal law which punishes at'tS not defined and products of
penalized by the RPC. They are statutes enacted criminal
by the legislative branch which are penal in negligence or
character, but are not amendments to the RPC. culoa
Mitigating Such
MALA IN SE AND MALA PROHIBITA and circumstance
aggravatin s are not
Maw in se vis-A-vis mow acohihito CJ999 g appreciated
2001 2003 2005 2010 2017 RAB) Asto circumsta unless the
attendinn nces are special law
MALA IN MALA circumstanc appreciate has adopted
BASIS
SE PROHIBITA es d in the scheme or
There It is sufficient imposing scale of
must be a that the the penalties
criminal prohibited penalties under the
intent act was done RPC
(a) Good (a) Good
Wrong Wrong faith; faith; or
from its merely (b) lack (b) lack of
very because it is of criminal
nature prohibited by criminal intent are not
statute intent; or valid
Asto legal
Criminal Criminal (c) defenses.
implication
intent intent is not negligence It is enough
governs necessary are valid that the
defenses. prohibition
Generally, Generally, it was
it is is punishable voluntarily
punishabl under special violated.
Asto their e under laws Criminal Criminal
concepts the RPC liability is liability is
NOTE: Not all incurred generally
violations of Asto even incurred only
special laws criminal when the when the
are ma/a liability crime is crime is
prohibita. attempted consummate
Even if the or d
crime is frustrated
punished The The penalty
under a penalty is of the
special law, if computed offender is
the act on the the same as
Asto denree basis
punished is of they are all
one which is
of
whether deemed
inherently
participation
he is a principals.
wrong. the principal
same is offender,
ma/um ;n se, accomnlic

UNIVERSITY OF SANTO TOMAS


3 �
FACULTY OF CIVIL LAW
BOOK I - FELONIES

GR: Penal laws are applied prospectively.

XPN: When retrospettive application will be


NOTE: The crime of technical malversation, favorable to the person guilty of a felony,
punished under Art. 220 of the RPC, was held to provided that:
be a crime that is ma/um prohib;tum. The law
punishes the act of diverting public property 1. The offender is NOT a habitual delinquent
earmarked by law or ordinance for a particular under Art. 62(5); and
public purpose for another public purpose. The 2. The new or amendatory law does NOT
prohibited act is not inherently immoral, but provide against its retrospec.tive application.
becomes a criminal offense because positive law
forbids its commission on considerations of Reason for the exception: The sovereign, in
public policy, order, and convenience. Therefore, enacting a subsequent penal law more favorable
good faith and lack of criminal intent are not to the accused, has recognized that the greater
valid defenses. (Ysidoro v. People, G.R. No. 192330, severity of the former law is unjust.
November 14, 2012) (2015 BAR)
Habitual delinonent
Violations of snecial laws which ace
considered malo in se He is a person who, within a period of ten years
from the date of his release or last conviction of
The following examples of violations under the crimes of falsification, robbery, estafa, theft,
special penal laws are considered ma/a in se: or serious or less serious physical injuries, is
found guilty of any said crimes a third time or
1. Piracy in Philippine waters (P.D. No. 532); oftener.
2. Brigandage in the highways (P.D. No. 532);
and Ex-post facto law
3. Plunder (R.A. 7080).
It is an act which when committed was not a
NOTE: When the special laws require that the crime, cannot be made so by statute without
punished att be committed knowingly and violating the constitutional prohibition as to ex
willfully, criminal intent is required to be proved post facto laws.
before criminal liability may arise.
APPLICABILITY AND EFFECTIVITY
Effect on the nature of the crime when OF THE PENAL CODE
covered hv soecial Jaw and it uses the
nomendab,ce nfoenaUiesin theBPC SCOPE AND CHARACTERISTICS:
GENERALITY, TERRITORIALITY AND
Even if a special law uses the nomenclature of PROSPECTIVITY
penalties under the RPC, that alone will not make
the ac.t or omission a crime ma/a in se. The special Three cardinal feab,ces QC main
law may only intend for the Code to apply as charaaeristics of Phmooine criminal law
supplementary to the special law. (People v. 0996 RAB)
Simon, G.R. No. 93028, July 29, 1994)
1. Generality
INTERPRETATION OF PENAL LAWS
GR: Penal laws and those of public security and
When the law is clear and unambiguous, there is safety shall be obligatory upon all who live or
no room for interpretation but only for the sojourn in Philippine territory, subject to the
application of the law. However, if there is principles of international law and to treaty
ambiguity: stipulations. (Art 14, Civil Code of the Philippines)
(2015 BAR)
1. Penal laws are strictly construed against the
State and liberally in favor of the accused. XPNs:
2. In the interpretation of the provisions of the
RPC, the Spanish text is controlling. 1. Treaty stipulations and international
agreements, e.g. PH-US Visiting Forces
RETROACTIVE EFFECT OF PENAL LAWS Agreement and Asian Development·
ART. 22, RPC Philippines Agreement (1966);

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2. Laws of Preferential Application, e.g. R.A. the Government of the Philippine


75 penalizes acts which would impair the Islands (Arts.163 & 166);
proper observance by the Republic and its 3. Should be liable for acts connected with
inhabitants of the immunities, rights, and the introduction into these islands of
privileges of duly-accredited foreign the obligations and securities
diplomatic representatives in the mentioned in the preceding number:
Philippines. (2014 BAR); 4. While being public officers or
3. The principles of public international law; employees, should commit an offense in
4. Parliamentary Immunity: Members of the the exercise of their functions; or
Congress are not liable for libel or slander 5. Should commit any of the crimes
in connection with any speech delivered against national security and the law of
on the floor of the house during a regular nations. (Arts.114-123)
or special session. (Art IV, Sec. 11, 1987
Constitution); Extratecrimcialirv
5. Public vessels of foreign friendly power;
or It means the law will have application even
6. Members of foreign country stationed in outside the territorial jurisdiction of the
the Philippines with its consent. state. (Gapi� 2013)

Examples: Q: X went to Ninoy Aquino International


a Sovereigns and other Chiefs of Airport (NAIA) in Pasay City and boarded
States. an airship of the Philippine Airlines
b. Ambassadors, ministers, destined for USA. As the airship passes
plenipotentiary, ministers the Padfic Ocean, X killed Y, a fellow
residents, and charges d' affaires. passenger. Which court can try the case
of murder committed by X: is it the
NOTE: Only the heads of the diplomatic Philippine Courts or the U.S. Courts?
missions, as well as members of the
diplomatic staff, excluding the members A: The Philippine Courts. Art. 2 of the RPC
of administrative, technical and service provides that its provisions shall be applied
staff, are accorded diplomatic rank. to those who "should commit an offense
while on a Philippine ship or airship."
A consul is not entitled to the (Gapit 2013)
orivileees and immunities of an
ambassador or minister 3. Prospectivity/lrretrospectivity

Consuls, vice-consuls, and other GR: Acts or omissions classified as crimes will be
commercial representatives of foreign scrutinized in accordance with relevant penal
nation are NOT diplomatic officers. laws if committed after the effectivity of those
Consuls are subject to the penal laws of penal laws.
the country where they are assigned.
(Minucher v. CA, G.R. No. 142396, The law enforced at the time of the commission
February 11, 2003) of a certain crime should be applied. Article 366
of the RPC provides that crimes are punished in
2. Territoriality accordance with the law in force at the time of
their commission. (Gapit, 2013)
GR: The penal laws of the country have
force and effect only within its territory. NOTE: The maxim Lex Prospicit Non Respicit
(1994BAR) means the law looks fonvard, never backward.

XPNs: Art. 2 of the RPC (2000 BAR) XPN: Penal Laws shall have a retroactive effect
insofar as they favor the persons guilty of a
1. Should commit an offense while on a felony, although at the time of the publication of
Philippine ship or airship (fact of such laws a final sentence has been pronounced
registration is in the Philippines); and the convict is serving the same. (Art. 22, RPC)
2. Should forge or counterfeit any coin or
currency note of the Philippine Islands XPNs to the XPN: The new law cannot be
or obligations and securities issued by given retroactive effect even if favorable to
the accused:

UNIVERSITY OF SANTO TOMAS


5 �
FACULTY OF CIVIL LAW
BOOK I - FELONIES

a. When the new law is expressly made Intentional Celnnx viS-A-vis Culnahle Celnnx
inapplicable to pending actions or U999 2001 2003 2005 2010 RAB)
existing causes of actions. (Tavera v.
Valdez, G.R. No. 922, November 8, 1902) BASIS DOW CULPA
b. When the offender is a habitual
Asto Act is malicious Act is not
delinquent as defined in Rule 5 in Art. 62
Malice malicious
ofRPC. (Art 22, par. 5, RPC)
With deliberate Injury caused is
FELONIES intent unintentional,
it being an
Asto incident of
CRIMINAL LIABILITIES AND FELONIES intent another act
performed
Felonies without malice
Felonies are acts or omissions punishable by the
RPC. Has intention Wrongful act
Asta the to cause a results from
NOTE: If it is not under the RPC, it is called an source of wrong imprudence,
offense. the wrong negligence, lack
committed of foresight, or
Act a s contemplated in criminal law lack of skill

An act refers to any bodily movement tending to Beonisites ofdQ(Q


produce some effect in the external world, it
being unnecessary that the same be actually NOTE: If any of the aforesaid requisites is absent,
produced, as the possibility of its production is there is NO dolo.
sufficient. (Reyes, 2017)
1. Criminal intent (mens rea) - the purpose to
Omission as rnntemolared in criminal law use a particular means to effect such result.
Intent to commit an act with malice, being
An omission contemplated in criminal law means purely a mental process, is presumed from
inac.tion- the failure to perform a positive duty the proof of commission of an unlawful act. It
which one is bound to do. There must be a law is a mental state; hence, its existence is
requiring the doing or performance of a duty. shown by overt acts
(Reyes, 2017)
NOTE: If there is NO criminal intent, the act
Examples: Misprision of treason, failure of an is justified. Hence, offender incurs NO
accountable officer to render accounts criminal liability.

Elements of felonies [2015 BAR) 2. Freedom of action - voluntariness on the


part of the person to commit the act or
1. An act or omission; omission
2. Punishable by theRevised Penal Code; and
3. The act is perfonned or the omission NOTE: If there is lack of freedom, the
incurred by means of deceit or fault. (People offender is exempt from liability.
v. Gonzales, G.R. No. 80762, March 19, 1990)
3. Intelligence - the capacity to know and
Kinds of felonies understand the consequences and morality
of human acts
1. Intentional felonies (Dolo) - committed
with deliberate intent to cause injury to NOTE: If there is lack of intelligence, the
another (with malice); offender is exempt from liability.

2. Culpable felonies (Culpa) - where the Beonisites ofc11tao


wrongful acts result from imprudence,
negligence, lack of foresight, or lack of skill 1. Criminal negligence on the part of the
(unintentional, without malice). offender, that is, the crime was the result of

II UNIVERSITY OF SANTO TOMAS


. 2021 GOLDEN NOTES
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negligence, reckless imprudence, lack of .liW:.D.t


foresight, or lack of skill;
Refers to the use of a particular means to effect
2. Freedom of action on the part of the the desired result. It is a mental state, the
offender, that is, he was not acting under existence of which is demonstrated by the overt
duress; and acts of a person.

3. Intelligence on the part of the offender in Categories of intent in criminal law


performing the negligent at1:.
1. General criminal intent - It is presumed
Negligence from the mere doing of a wrong act (or the
actus reus). This does not require proof.
Deficiency in perception or lack of foresight, or
failure to pay proper attention and to use due NOTE: In felonies by means of do/o, the third
diligence in foreseeing injury or damage to be element of voluntariness is general intent.
caused.
2. Specific criminal intent - It is not presumed
Imnn,deoce because it is an ingredient or element of a
crime. It must be alleged in the information
Deficiency in action or lack of skill, or failure to and must be established and proven by
take necessary precaution to avoid injury to prosecutor.
another.
NOTE: In some felonies, proof of specific
NeeHeeoce vis-A-vistmorndence intent is required to produce the crime such
as in frustrated and attempted homicide,
NEGLIGENCE IMPRUDENCE robbery. and acts of lasciviousness.
Deficiency of action Deficiency of perception
Lack of foresight Lack of skill
Presumorion of criminal intent kom the
commiSsion ofan unlawfulaa
Examples of crimes which cannot be Criminal intent is always presumed to exist,
committed throneh cutao Cneelieence or provided that there is proof of the commission of
imprudence) an unlawful act.

1. Murder NOTE: This presumption does not arise when the


2. Treason act performed is lawful. Moreover, the
3. Robbery presumption can always be rebutted by proof of
4. Malicious mischief lack of intent. (2014 BAR)

Mensrea Crime max he r.ommitted without criminal


intentfl996 BAR)
It is the criminal intent or evil mind. In general,
the definition of a criminaJ offense involves not A crime may be committed without criminal
only an act or omission and its consequences but intent if such is:
also the accompanying mental state of the actor.
(Encyclopaedia Britannica) 1. A culpable felony, wherein intent is
substituted by negligence or imprudence
Examples: 2. A ma/um prahibitum

1. In theft, the mens rea is the taking of Motive


property belonging to another with intent to
gain. It is the moving power or force which impels a
2. In falsification, the mens rea is the person to a desired result.
commission of forgery with intent to pervert
the truth. Motive as determinant of criminal Hahilitv
3. In robbery, the mens rea is the taking of CJ999 2013 RAB)
property belonging to another coupled with
the employment of intimidation or violence
upon persons or things.

UNIVERSITY OF SANTO TOMAS


7 �
FACULTY OF CIVIL LAW
BOOK I - FELONIES

GR: Motive is not an element of a crime and 6. The proper penalty for quasi-offenses (Art
becomes immaterial in the determination of 365, par. 1, RPC).
criminal liability.
Classifications of felonies according to their
XPNs: Motive is material when: eravitv

1. The acts bring about variant crimes; 1. Grave - those to which the law attaches the
E.g. there is a need to determine whether capital punishment or penalties which in any
direct assault is present, as in offenses of their periods are afflictive. in accordance
against persons in authority when the with Art. 25 of the RPC. (Art 9, par. 1, RPC)
assault is committed while not being in
the performance of his duties; 2. Less grave - those which the law punishes
with penalties which in their maximum
2. The identity of the accused is doubtful; period are correctional, in accordance with
3. The evidence on the commission of the Art. 25 of the RPC. (Art 9, par. 2, RPC)
crime is purely circumstantial;
4. In ascertaining the truth between two NOTE: The criminal can still be rehabilitated
antagonistic theories or versions of the and hence can be the subject of probation
killing; and and Alternative Dispute Resolution insofar as
5. Where there are no eyewitnesses to the the civil aspect is concerned.
crime and where suspicion is likely to fall
upon a number of persons. 3. Light - those infractions of law for the
commission of which the penalty of arresto
NOTE: Good faith is not a defense to the menor or a fine not exceeding 40,000 pesos,
prosecution of a ma/um prohlbitum. or both, is provided. (Art 9, par. 3, RPC as
amended by R.A. No. 10951, August 29, 2017)
Motive vis-ti-visIntent
Eacrncs ro he considered in imoosine a
MOTIVE INTENT penalty for felonies punished under RPC

Moving power which Purpose to use a 1. Stages of execution;


impels one to act for a particular means 2. The degree of participation; and
definite result. to effect such 3. The presence of attending circumstances.
result.
It is NOT an essential Generally, it is an NOTE: For special penal laws, it must be
element of a crime. essential element expressly provided that the aforementioned
Hence, it need NOT be of a crime. factors are to be considered.
proved for purposes of
conviction. Persons liahle fnr erave or less eraxe felonies

CLASSIFICATIONS OF FELONIES The principals, accomplices, and accessories.


ART.9, RPC
When liehr felonies are ounisbahle
lmoocrance of cJassifvine the felonies as to
rheirseveritx GR: Light felonies are punishable only when they
are consummated.
To determine:
Examples:
1. Whether these felonies can be complexed or 1. An attempt to conceal one's true name is
not (Art 48, RPCJ; not punishable. (Art 178, par. 2, RPC)
2. The prescription of the crime and the 2. Attempt to commit Alarms and Scandals
prescription of the penalty (Art. 90, RPC); is not punishable. (Art 15, RPC)
3. Whether the accessory is liable (Art 16, RPC);
4. The duration of the subsidiary penalty [Art RATIO: It involves insignificant moral and
39(2), RPC]; material injuries, if not consummated, the wrong
5. The duration of the detention in case of done is so slight that a penalty is unnecessary
failure to post the bond to keep the peace (also known as the De Minimis principle).
(Art 35); and

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XPN: Light felonies are punishable in all stages BemlisUes fnr the anoliration of the
when committed against persons or property. Proximate cm,se Poarine CArt4 oar 1 BPCJ
(Art 7, RPC)
1. That an intentional felony has been
NOTE: However. this provision is not committed; and
always applicable. 2. That the wrong done to the aggrieved party be
the direct. natural, and logical consequence of
Example: If the offender is only an the felony committed by the offender. (U.S. v.
accomplice and there are two or more Brobs� C.R. Na. 4935, Oct<>ber 25, 1909)
mitigating circumstances without any
compensating aggravating circumstance, When considered as the "direct. natural. and
the appropriate penalty will be two loeical conseouence" ofthe felonious act
degrees lower. It must be noted that the
penalty lower than arresta menor is public 1. Blow was efficient cause of death;
censure. There is no two degrees lower 2. Blow accelerated death; or
than arrest.o menor. 3. Blow was the proximate cause of death.
(Reyes, 2017)
Persons Hablein lieht felonies
Q: In an act to disdpline his child, the father
Only the principals and their accomplices are claims that the death of his child was not
made liable for the commission of light felonies. intended by him. Is his contention correct?
Accessories are not liable for the commission of
light felonies. (Art 19, RPC) A: NO. He is liable under Art. 4 (1) of the RPC. In
order that a person may be criminally liable for a
Examoles of crimes considered as Hehr felony different from that which he intended to
felonies commit, it is indispensable that: (a) a felony was
committed; and (b) the wrong done to the
1. Slight physical injuries (Art 266); aggrieved person be the direct consequence of
2. Theft (Art 309, pars. 7 and BJ; the crime committed by the perpetrator.
3. Alteration of boundary marks (Art 313);
4. Malicious mischief (Art. 328, par. 3; Art. 329, In beating his son and inflicting upon him
par.3); physical injuries, he committed a felony. As a
5. Intriguing against honor (Art 364); and direct consequence of the beating suffered by the
6. Alarms and Scandals. (Art 155) child, the latter expired. His criminal liability for
the death of his son is, thus, clear. (People v. Sales,
NOTE: If one assists in the escape of another who C.R. Na.177218, October 3, 2011)
committed Alarms and Scandals, he is not liable
under RPC but may be liable under P.D. 1829 Causes which may produce a result different
penalizing Obstruction of Apprehension of from that which the offender intended
Prosecution of Criminal Offenders.
1. Mistake in identity (error in personae) - The
ELEMENTS OF CRIMINAL LIABILITY offender intends the injury on one person but
ART.4, RPC the harm fell on another. In this situation, the
intended victim was not at the scene of the
Criminal liability (1997.1999. 2001. 2004. crime.
2009 RAB)
Example: A. wanting to kill B, killed C
Criminal liability is incurred by any person: instead. (2003, 2015 BAR)

1. Committing a felony although the wrongful act NOTE: There are only two (2) persons
done be different from that which he intended involved: (1) the actual but unintended
(Art 4, par. 1, RPC); and vit1:im; and (2) the offender.
2. Performing an act which would be an offense
against persons or property, were it not for EFFECT: Art. 49 of RPC. It depends when the
the inherent impossibility of its intended crime and the crime actually
accomplishment or on account of the committed are punished with different
employment of inadequate or ineffectual penalties. (Reyes, 2017)
means. (Art 4, par. 2, RPC)

UNIVERSITY OF SANTO TOMAS


9 �
FACULTY OF CIVIL LAW
BOOK I - FELONIES

If punished with same penalties: no effect. EFFECT: Proeter intentionem is a mitigating


circumstance particularly covered by
GR: If punished with different penalties, the paragraph 3 of Art. 13.
lesser penalty shall be imposed in its
maximum period. (Art 49, pars. 1 ond 2) NOTE: The three enumerated situations are
always the result of an intentional felony or do/o.
NOTE: It becomes a mitigating circumstance. These situations do not arise out of criminal
negligence.
XPN: If the at-ts committed by the guilty
person shall also constitute an attempt or Aberratio ictus vis-�-vis Error in personae
frustration of another crime. If the attempted
or frustrated crime has a higher penalty, that ABERRA TIO ERROR IN
penalty shall be imposed in its maximum BASIS
ICTUS PERSONAE
period. (Art 49, par. 3, RPC)
A person The victim
2. Mistake in blow (aberratio ictus) - A person directed the actually
diretted the blow at an intended vittim, but blow at an received the
because of poor aim, that blow landed on intended blow, but he
How
somebody else. In aberratio ictus, the victim, but was mistaken
committe
intended victim and the actual victim are both because of for another who
at the scene of the crime.
d poor aim, that was not at the
blow landed scene of the
Example: A was aiming to shoot B, but on somebody crime.
because of lack of precision, hit C instead. else.
(BAR 1993, 1994, 1996, 1999, 2015)
The offender, There are only
the intended two persons
NOTE: There are three (3) persons involved:
victim, as well present · the
(1) the offender; (2) the intended victim; and Parties
(3) the actual vittim. present as the attual actual (not the
victim are all intended
at the scene victim) and the
EFFECT: There are two crimes committed:
of the crime. offender.
a. Against the intended vittim: attempted
stage of the felony;
b. Against the actual victim: the NOTE: Error in Personae and Aberratio Ictus are
consummated or frustrated felony, as the NOT valid defenses under the "Transfer Intent"
case may be. Doctrine wherein the law transfers the criminal
intent to the actual victim.
NOTE: It may give rise to a complex crime
under Art. 48 since it results from a single Q: A and B went on a drinking spree. While
act. they were drinking. they had some arguments
so A stabbed B several times. A's defense is
3. Injurious consequences are greater than that he had no intention of killing his friend
that intended (praeter intentionem) - The and that he did not intend to commit so grave
injury is on the intended victim but the a wrong as that committed. Is praeter
resulting consequence is so grave a wrong intentionem properly invoked?
than what was intended. It is essential that
there is a notable disparity between the A: NO. Praeter ;ntentlonem is improperly invoked
means employed or the act of the offender because it is only mitigating if there is a notable
and the felony which resulted. disparity between the means employed and the
resulting felony. The fact that several wounds
This means that the resulting felony cannot be were inflicted on B is hardly compatible with the
foreseen from the acts of the offender. idea that he did not intend to commit so grave a
wrong as that committed.
Example: A, without intent to kill, struck the
victim on the back causing the victim to fall MiSrake offact
and hit his head on the pavement.
The misapprehension of facts on the part of the
person who caused injury to another. He is not,
however, criminally liable because he did not act

II UNIVERSITY OF SANTO TOMAS


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with criminaJ intent. It is necessary that had the 1. The direct, natural, and logical cause;
facts been true as the accused believed them to 2. Produces the injury or damage;
be, the act is justified. Moreover, the offender 3. Unbroken by any efficient intervening cause;
must believe that he is performing a lawful act. and
4. Without which the result would not have
An honest mistake of fact destroys the occurred.
presumption of criminal intent which arises upon
the commission of a felonious act. Difference between immediate cause and
oroximate ra11se
NOTE: Mistake of fact is a defense only in
intentional felonies. Immediate cause may be a cause which is far
and remote from the consequence which sets
Bem,isites ofmistake nffacr into motion other causes that resulted in the
felony.
1. That the act done would have been lawful had
the facts been as the accused believed them to Proximate cause does not require that the
be; offender needs to actually touch the body of the
2. That the intention of the accused in offended party. It is enough that the offender
performing the act is lawful; and generated in the mind of the offended party the
3. That the mistake must be without fault or belief that made him risk himself.
carelessness on the part of the accused.
If a man creates in another person's mind an
Q: Ah Chong was afraid of bad elements. One immediate sense of danger, which causes such
evening. before going to bed, he locked person to try to escape, and, in doing so, the
himself i n bis room and placed a chair against latter injures himself, the man who creates such a
the door. After going to bed, he was awakened state of mind is responsible for the resulting
by someone who was trying to open the door. injuries. (People v. Toling, G.R. L-27097, January
He called out, ''Who is there?" twice but 17,1975)
received no answer. He then said, "If you
enter the room, I will kill you." At that Example:
moment, he was struck by the chair. Believing
he was being attacked, he took a kitchen knife X andY are crew members of a cargo vessel. They
and stabbed the intruder who turned out to had a heated argument. X, with a big knife in
be his roommate. Is he criminally liable? hand, threatened to kill Y. The vit1:im Y, believing
himself to be in immediate peril, threw himself
A: NO. There was mistake of fact in the instant into the water. Y died of drowning. In this case, X
case. Had the facts been as Ah Chong believed is liable for homicide for the death ofY.
them to be, he would have been justified in killing
the intruder under Article 11, paragraph 1 on Even if other causes cooperated in producing the
self-defense. (U.S. v. Ah Chong, G.R. No. L-5272, fatal result, as long as the wound inflicted is
March 19, 1910) dangerous, that is, calculated to destroy or
endanger life, the actor is liable. It is important
Proximate cause that there be no efficient intervening cause.

That cause, which, in natural and continuous Instances when the felony committed is not
sequence, unbroken by any efficient intervening the orox•imare cause nfthe resnltineininrx
cause, produces the injury, and without which
the result would not have occurred. (Vdo. De 1. When there is an efficient intervening cause
Botoc/on v. Medino, G.R. No. L-10126, October 22, between the felony committed and the
1957, 102 Phil.181) resulting injury; or
2. When the resulting injury or damage is due to
As a rule, the offender is criminally liable for all the intentional act of the victim.
the consequences of his felonious act, although
not intended, if the felonious act is the proximate Efficient intervenjng cause
cause of the felony.
It is an intervening active force which is a distinct
Requisites of proximate cause act or fact absolutely foreign from the felonious
act of the accused.

UNIVERSITY OF SANTO TOMAS


11 �
FACULTY OF CIVIL LAW
BOOK I - FELONIES

Q: Cruz and Villacorta were regular customers presented that tetanus bacteria is goad only for
at Mendeja's store. At around two o'clock in two weeks. That if, indeed, the victim had
the morning of January 23, 2002, while Cruz incurred tetanus infection out of the wound
was buying bread at Mendeja's store, inflicted by A, he would not have lasted two
Villacorta suddenly appeared and, without months. What brought about tetanus to infect the
uttering a word, stabbed Cruz on the left side body of B was his working in his farm using his
of Cruz's body using a sharpened bamboo bare hands. Because of this, the SC ruled that the
stick. When Villacorta Oed, Mendeja chased act of B of working in his farm where the soil is
Villacorta but failed to catch him. filthy, using his awn hands, is an efficient
supervening cause which relieves A of any
When Mendeja returned to her store, she saw liability for the death ofB. A, if at all, is only liable
Aron removing the broken bamboo stick from for physical injuries inflitted upon B. (Urbano v.
Cruz's body. Mendeja and Aron then brought /AC, C.R. Na. 72964, January 7, 1988)
Cruz to Tondo Medical Center and was treated
as an outpatient. Cruz was later brought to Cira,msrances which ace not considered as
the San Lazaro Hospital on February 14, 2002, efficient intervening causes
where he died the following day of tetanus
infection secondary to stab wound. What is 1. The weak physical condition of the victim;
the proximate cause for the death of Cruz? 2. The nervousness or temperament of the
victim;
A: The proximate cause of Cruz's death is the 3. Causes which are inherent in the victim, such
tetanus infection, and not the stab wound. There as the victim's inability to swim;
had been an interval of 22 days between the date 4. Refusal of the injured party to be subjected to
of the stabbing and the date when Cruz was medical attendance;
rushed to San Lazaro Hospital, exhibiting 5. Erroneous or unskillful medical treatment; or
symptoms of severe tetanus infection. If Cruz 6. Delay in the medical treatment. (Reyes, 2017)
acquired severe tetanus infection from the
stabbing, then the symptoms would have NOTE: Although the above·mentioned
appeared a lot sooner than 22 days later. Cruz's circumstances may have intervened in the
stab wound was merely the remote cause, and its commission of the crime, the offender is still
subsequent infection with tetanus might have liable for the resulting crime as it is the
been the proximate cause of Cruz's death. The proximate cause. Because of such proximate
infection of Cruz's stab wound by tetanus was an cause, his act remains and these circumstances
efficient intervening cause later or between the are inefficient.
time Cruz was stabbed to the time of his death.
(People v. Villacorta, C.R. Na. 186412, September 7, Wh"'n ""':uh i,.;: oresumed ro he the natural
2011) consea,ience ofohvsiral iniuries inOicred

Q: A and B had a quarrel and started hacking The following facts must be established:
each other. B was wounded at the back.
Cooler heads intervened and they were 1. That the victim at the time the physical
separated. Somehow, their differences were injuries were inflicted was in normaJ health;
patched up. A agreed to shoulder all the 2. That death may be expected from the physical
expenses for the treatment of the wound of B injuries inflicted;
and to pay him his lost income. B, on the 3. That death ensued within a reasonable time.
other hand, signed a forgiveness letter in
favor of A and on that condition, he withdrew IMPOSSIBLE CRIME
the complaint that he filed against A. After so ART. 11, RPC
many weeks of treatment in a clinic, the
doctor pronounced the wound already
Beouisites of an imnossible crime C2003
healed. Thereafter, B went back to his farm. 2004 2009 2014 2015 RABl
Two months later, B came home chilling.
Before midnight, he died out of tetanus 1. Act performed would be an offense against
poisoning. The heirs of B filed a case of persons or property (see list of crimes under
homicide against A. Is A liable? Title 8 and Title 10, Book 2, RPCJ;
2. Act was done with evil intent;
A: NO. Taking into account the incubation period
of tetanus bacteria. medical evidence were

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3. Accomplishment is inherently impossible or The penalty imposed shall be that of arresto


means employed is either inadequate or mayor or a fine. (Art. 59, RPC)
ineffectual; and
4. Att performed should not constitute a Beason COc oenalizine imonssihle crimes
violation of another provision of the RPC.
To teach the offender a lesson because of his
NOTE: The offender must believe that he can criminal perversity. Although objectively, no
consummate the intended crime. A man stabbing crime is committed, but subjectively, he is a
another who he knew was already dead cannot criminal.
be liable for an impossible crime.
NOTE: It is a principle of criminal law that the
NOTE: There is no impossible crime of offender will only be penalized for an impossible
kidnapping. crime if he cannot be punished under some other
provision of the RPC. An impossible crime is a
Essence ofan imoossihle crime crime of last resort.

The essence of an impossible crime is the Q: Four culprits, all armed with firearms and
inherent impossibility of accomplishing the crime with intent to kill, went to the intended
or the inherent impossibility of the means victim's house and after having pinpointed
employed to bring about the crime. the latter's bedroom, all four fired at and
riddled said room with bullets, thinking that
Inherent imuossihilitv the intended victim was already there as it
was about 10:00 i n the evening, It so
That under any and aJI circumstances, the crime happened that the intended victim did not
could not have materialized. come home that evening and so was not in her
bedroom at that time. Was it an impossible
Kinds ofinhecentimaossihilitx crime or attempted murder?

1. Legal impossibility - occurs where the A: Impossible crime. The factual situation in this
intended acts, even if completed would not case presents a physical impossibility which
amount to a crime. (e.g. killing a dead rendered the intended crime impossible of
person.) accomplishment. Under Art. 4 of the RPC, such is
sufficient to make the act an impossible crime.
2. Physical impossibility - occurs where (lntod v. CA, G.R. No.103119, October 21, 1992) In
extraneous circumstances unknown to the the instant case, however, their acts constitute
accused prevented the consummation of the malicious mischief.
intended crime. (e.g. pick pocketing an empty
wallet.) Q: A, a collector of Mega Foam failed to remit
to the company a check which was given to
Emalnxment ofinademiate means her as payment for a merchandise. She tried
to deposit the check, but he found out that the
It is the use of means whose quality or quantity is check bounced. What crime was committed?
insufficient to produce the intended felony.
A: Impossible crime of theft. The evil intent
NOTE: The difference between cannot be denied, as the mere act of unlawfully
attempted/frustrated crime and impossible taking the check meant for Mega Foam showed
crime is that in attempted/frustrated crime the her intent to gain or be unjustly enriched. Were
means are sufficient and adequate but the it not for the fact that the check bounced, she
intended crime was not produced. would have received the face value thereof,
which was not rightfully hers. Therefore, it was
Employment of ineffectual means only due to the extraneous circumstance of the
check being unfunded, a fact unknown to the
The means employed cannot in any way produce accused at the time, that prevented the crime
the intended crime (e.g. poisoning a person with from being produced. The thing unlawfully taken
sugar). by the accused turned out to be absolutely
worthless, because the check was eventually
Penalty imposed on impossible crimes dishonored, and Mega Foam had received the
cash to replace the value of said dishonored

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BOOK I - FELONIES

check. ljacinto v. People, G.R. No. 162540, July STAGES OF EXECUTION


2009) ART. 6, RPC

Q: Buddy always resented his classmate, Jun. Stages in committing a crime


One day, Buddy planned to kill Jun by mixing
poison in his lunch. Not knowing where he 1. Internal Acts - mere ideas in the mind of a
can get poison, be approached another person are not punishable. Had they been
classmate Jerry to whom be disclosed his evil carried out, they would constitute a crime.
plan. Because he himself harbored
resentment towards Jun, Jerry gave Buddy a 2. External Acts - include: (a) preparatory acts;
poison, which Buddy placed on Jun's food. and (b) acts of execution.
However, Jun did not die because; unknown
to both Buddy and Jerry, the poison was a. Preparatory acts - those that do not
actually powdered milk. What crime or have a direct connection with the crime
crimes, if any, did Jerry and Buddy commit? which the offender intends to commit.
(1998, 2000, 2003, 2004, 2009 BAR)
GR: These are ordinarily not punishable.
A: Jerry and Buddy are liable for the so-called
impossible crime because, with intent to kill, they XPNs:
tried to poison Jun and thus perpetrate murder, a i. When expressly provided for; or
crime against persons. Jun was not poisoned only ii. When they are considered in
because the would-be killers were unaware that themselves as independent crimes
what they mixed with the food of Jun was (e.g. possession of picklocks under
powdered milk, not poison. Criminal liability is Art. 304, which is a preparatory act
incurred by them although no crime resulted, to the commission of robbery under
because their act of trying to poison Jun is Arts. 299 and 302).
criminal.
b. Acts ofexecution - punishable under the
Impossible crime - a formal crime Revised Penal Code.

By its very nature, an impossible crime is a Sraees ofaas ofexec,,tion


formal crime. It is either consummated or not
consummated at all. There is therefore no 1. Consummated
attempted or frustrated impossible crime. (2005 2. Frustrated (1992, 1994, 2009 BAR)
BAR) 3. Attempted

lmonssihle crime vis-ta-vis Unc.nnsummared Purnose nfthe flassificationof felonies


felonies {attempted or frustrated felony)
To bring about a proportionate penalty and
UNCONSUMMATED IMPOSSIBLE equitable punishment.
FELONIES CRIMES
NOTE: The penalties are graduated according to
Intent is not accomplished. their degree of severity. The stages may not apply
to all kinds of felonies. There are felonies which
Intent of the offender Intent of the
do not admit of division.
has possibility of offender cannot be
accomplishment. accomplished.
Phases of feloov
Accomplishment is Intent cannot be
prevented by the accomplished 1. Subjective phase - that portion of execution
intervention of because it is of the crime starting from the point where the
certain cause or inherently offender begins up to that point where he still
accident in which the impossible to has control over his acts. If the subjective
offender had no part. accomplish or phase has not yet passed, the felony would be
because the means a mere attempt. If it already passed, but the
employed by the felony is not produced, as a rule, it is
offender is frustrated. (Reyes, 2017)
inadequate or
ineffectual.

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NOTE: If it reaches the point where he has no of heart and washed out the stomach of B. A
more control over his ac.ts, the subjec.tive also gave B an antidote. Is A liable for
phase has passed. frustrated parridde?

2. Objective phase - the offender has performed A: NO. The cause which prevented the
until the last act and is no longer in control of consummation of the crime was not independent
its natural course. of the will of the perpetrator. It cannot be
considered attempted parricide because A
Cons11mmated felonv already performed all acts of execution. A can
only be liable for physical injuries.
A felony is consummated when all the acts
necessary for its accomplishment and execution Q: Jessiriel Leyble was waylaid and shot with
are present. (Art. 6, RPC) a firearm by the group of Eden Etino, et al.
Etino only fired a single shot at close range,
En1strared felonv but did not hit any vital part of the victim's
body. The victim's wounds, based on his
A felony is frustrated when the offender Medical Certificate, were located at the right
performs all the acts of execution which would deltoid through and through, and the left
produce the felony as a result, but which shoulder, and he immediately 0ed the scene
nevertheless do not produce it by reason of right after the shooting. It appears that he did
causes independent of the will of the perpetrator. not sustain any fatal injury as a result of the
(Art 6. RPC) shooting, considering that he and his
companions even went in pursuit of
Q: X stabbed Y in the abdomen penetrating petitioner after the inddent. RTC found
the liver and chest of Y. Y was rushed to the petitioner guilty beyond reasonable doubt of
hospital, was given immediate medical the crime of frustrated homicide to which the
treatment, and survived. Is X liable for CA affirmed. Is petitioner guilty of the crime
consummated homicide? charged?

A: NO, because the prompt medical treatment A: NO. It cannot be reasonably concluded that
received by the offended party saved his life. petitioner's use of a firearm was sufficient proof
(People v. Honroda, C.R. No. 112178-79, April 21, that he had intended to kill the victim. After all, it
1995) is settled that "Intent to kill cannot be
automatically drawn from the mere fatt that the
Q: Villostas went to a nearby videoke bar to use of firearms is dangerous to life." Rather,
buy cigarettes. Once inside the bar, be was ,.Animus interficendi must be established with
stabbed by Olarte, Ario, and Pasquin on the same degree of certainty as is required of the
different parts of his body. When Villostas other elements of the crime. The inference of
was rushed to the hospital, he was treated intent to kill should not be drawn in the absence
and the doctor testified that all the injuries of circumstances sufficient to prove such intent
suffered by Villostas were fatal and would beyond reasonable doubt. When the intent to kill
cause his death were it not for the timely is lacking, but wounds are shown to have been
medical attention given to him. Is Olarte, Ario, inflicted upon the victim, as in this case, the crime
and Pasquin guilty ofFrustrated Homicide? is not frustrated or attempted homicide but
physical injuries only. (Etino v. People, C.R. No.
A: YES. All the elements of frustrated homicide 206632, February 14, 2018)
are present. First, their intent to kill is manifested
by the weapon used which is a pointed sharp Crimes without frustrated stage
object. Second, the victim suffered numerous
fatal wounds, but he did not die due to the timely 1. Rape - the gravamen of the offense is carnal
medical assistance given to him. Third, none of knowledge, hence, the slightest penetration to
the qualifying circumstances for murder is the female organ consummates the felony.
present. 2. Corruption of public officers - mere offer
consummates the crime.
Q: A, a doctor, conceived the idea of killing his 3. Physical injury - consummated at the
wife, B. To carry out his plan, he mixed instance the injuries are inflicted.
arsenic with the soup of B. Soon after taking 4. Adultery - the essence of the crime is sexual
the poisonous food, A suddenly had a change congress.

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FACULTY OF CIVIL LAW
BOOK I - FELONIES

5. Theft- the essence of the crime is the taking of before he could do anything. he was already
property belonging to another. Once the thing apprehended by the household members. can
has been taken, or in the possession of he be charged with attempted robbery?
another, the crime is consummated. (2014
BAR) A: NO. The at1: of entering alone is not yet
indicative of robbery although he may have
Attemnted Celnnx planned to do so. Instead, he may be held liable
for trespassing.
There is an attempt when the offender
commences the commission of a felony directly Q: One night Jugueta, with his cohorts, had
by overt acts, and does not perform all the acts of gone to the residence of the victim where they
execution which should produce the felony, by violated his domicile by first pulling off the
reason of some cause or accident other than his sack that covers their nipa hut where they
own spontaneous desistance. (Art 6, RPC) slept. The victim pleaded to accused-Jugueta
to stop but the latter instead fired a shot
NOTE: The word directly emphasizes the wherein the victim used his body to cover his
requirement that the attempted felony is that family. Jugueta still fired volleys of shots
which is directly linked to the overt act which landed fatally on the body of the
performed by the offender, not the felony he has daughters of the victim. The two daughters
in his mind. expired upon arrival in the hospital. Is
Jugueta liable for double murder and multiple
Attempted felony vis-a-vis Frustrated felony attempted murder?

A: YES. Notwithstanding the other crimes Jugueta


ATTEMPTED
FRUSTRATED FELONY committed, he is also liable for multiple
FELONY attempted murder since the design of the crime
Offender has not accomplished his criminal was to neutralize the entire family instead of the
purpose two daughters specifically. They have
commenced all the ac:t.s of execution but was not
Only commenced the Has performed all able to push through due to reasons unknown to
commission of an act the acts of execution them. (People v. Jugueta, G.R. No. 202124, April 5,
directly by averts but 2016)
did not perform all
the acts of execution Criteria involved in dererminine the sraee
{whether it be in attempted. frustrated or
The offender has not The offender has
passed the subjective reached the consummared sraeel of the c.nmmissinn ofa
phase objective phase Celonx CM-E-NJ
1. The manner of committing the crime;
Oveaaas 2. The elements of the crime; and
3. The nature of the crime itself.
Some physical at1:ivity or deed, indicating the
intention to commit a particular crime, more than The difference between the attempted stage and
mere planning or preparation, which if carried to the frustrated stage lies on whether the offender
its complete termination following its natural has performed all the acts of execution for the
course, without being frustrated by external accomplishment of a felony.
obstacles nor by the voluntary desistance of the
perpetrator, will logically and necessarily ripen Under Article 6, if the offender has performed all
into a concrete offense. (Reyes, 2017) the acts of execution which should produce the
felony as a consequence but the felony was not
Indeterminate offense realized, then the crime is already in the
frustrated stage.
It is where the purpose of the offender in
performing an act is not certain. Its nature and If the offender has not yet performed all the acts
relation to its objective is ambiguous. (Reyes, of execution and was not able to perform all the
2017) acts due to some cause or accident other than his
own spontaneous desistance, then it is an
Q: A person enters the dwelling of another. attempted felony.
However, at the very moment of his entry and

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NOTE: The SC held that in case of killing, whether dangerous drugs. (People v. Lay/o, G.R. No.
parricide, homicide, or murder, the killing will be 192235,july 6, 2011)
in the frustrated stage if the injury sustained is
fatal, sufficient to bring about death but death Formal crimes vis-A-xis Material crimes
did not supervene because the immediate
medical intervention. If the wound inflicted was FORMAL CRIMES MATERIAL CRIMES
not fatal, the crime is only in its attempted stage
Consummated in one There are three
because the offender still has to perform another
instant. no attempt stages of execution
act in order to consummate the crime. (People v.
(e.g. physical injuries,
Gutierrez, G.R. No.188602, February 4, 2010)
faJse testimony, oral
defamation)
Insrances wherein the sraees ofa crime wm
notaoolx CONSPIRACY AND PROPOSAL
1. Offenses punishable by Special Penal Laws, ART. 8, RPC
unless otherwise provided for;
2. Formal crimes (e.g. slander, adultery, false Consniracx
testimony, etc.);
3. Impossible crimes; Exists when two or more persons come to an
4. Crimes consummated by mere attempt or agreement concerning the commission of a felony
proposal or by overt act (e.g.attempt to flee to and decide to commit it. (1996, 1997, 1998,
an enemy country, corruptlon of minors,
2003, 2005 BAR)
treason);
5. Felonies by omission; and GR: When conspiracy exists, the degree of
6. Crimes committed by mere agreement (e.g. participation of each conspirator is not
betting in sports, corruption of public officers). considered because the act of one is the act of all·
thus, they have equal criminal responsibility.
Q: Two police officers dressed as civilians
were conducting surveillance In Binangonan, XPN: Even though there was conspiracy, if a co­
IUzal. They went near a store when suddenly conspirator merely cooperated in the
Rolando and his wife arrived and approached commission of the crime with insignificant or
the police officers not knowing their real minimal acts, such that even without his
identity. Rolando spoke to one of the officers cooperation, the crime could be carried out as
and asked "gusto mo bang umi-score ng well, such co-conspirator should be punished as
shabu?" The officer replied, •bakit meron ka an accomplice only. (People v. Niem, CA No. 521,
ba?" Rolando answered in the affirmative and
December 20, 1945)
then he took a sachet of shabu and showed it.
When the officer asked bow much the shabu XPN to the XPN: When the act constitutes a
was, Rolando replied P200. Upon seeing the single indivisible offense.
sachet, the police officers immediately
introduced themselves and arrested Rolando Requisites of conspiracy
and his wife. They were charged of attempted
illegal sale of dangerous drugs which is found 1. Two or more persons came to an agreement:
under Sec 26 of R.A. 9165. Can there be an 2. Agreement concerned the commission of a
attempted stage in the illegal sale of crime; and
dangerous drugs? 3. Execution of a felony was decided upon.

A: YES. According to the SC, the identities of the NOTE: Mere knowledge, acquiescence to, or
buyer and seller are present. The seller was approval of the act, without cooperation or at
Rolando while the buyers would be the officers. least, agreement to cooperate, is not enough to
The corpus delicti was also established. However, constitute a conspiracy. Except when he is the
there was no delivery because they immediately mastermind in a conspiracy, it is necessary that a
introduced themselves as police officers. conspirator should have performed some overt
Therefore, the consummated sale of the drugs act as a direct or indirect contribution in the
was aborted by the act of the police introducing execution of the crime planned to be committed.
themselves and arresting Rolando. Hence, the
crime committed is only attempted illegal sale of The overt act may consist of:

UNIVERSITY OF SANTO TOMAS ..


17
FACULTY OF CIVIL LAW
BOOK I - FELONIES

1. Active participation in the actual commission planned the crime as well, or the man
of the crime itself, who pressed the button of a remote­
2. Moral assistance to his co-conspirators by control bomb and the bomb exploded a
being present at the commission of the few streets away).
crime;or
3. Exerting moral ascendancy over the other co­ Q: Juan and Arturo devised a plan to murder
conspirators. Joel. In a narrow alley near Joel's house, Juan
will hide behind the big lamppost and shoot
Two kinds ofconsniracx Joel when the latter passes through on his
way to work. Arturo will come from the other
1. Conspiracy as a crime - The mere end of the alley and simultaneously shoot Joel
conspiracy is the crime itself. This is only from behind.
true when the law expressly punishes the
mere conspiracy. Otherwise, the conspiracy On the appointed day, Arturo was
does not bring about the commission of the apprehended by the authorities before
crime because conspiracy is not an overt act reaching the alley. When Juan shot Joel as
but a mere preparatory ac.t. planned, he was unaware that Arturo was
arrested earlier. Discuss the criminal liability
Conspiracy must be proven on the same of Arturo, if any.
quantum of evidence as the felony subject of
the agreement of the parties. It may be A: Arturo, being one of the two who devised the
proved by direct or circumstantial evidence plan to murder Joel, thereby becomes co­
consisting of acts, words, or conduc.t of the principal by direct conspiracy. What is needed
alleged conspirators prior to, during, and only is an overt ac.t and both will incur criminal
after the commission of the felony to achieve liability. Arturo's liability as a conspirator arose
a common design or purpose. (Franco v. from his participation in jointly devising the
People, G.R.No.171328, February 16, 2011) criminal plan with Juan - to kill Joel and it was
pursuant to that conspiracy that Juan killed Joel.
Examples: Conspiracy to commit treason, There being a conspiracy, the act of one is the act
conspiracy to commit rebellion, conspiracy of all. Arturo, therefore, should be liable as a co­
to commit acts like sale, importation and conspirator.
distribution of drugs, conspiracy to commit
access devise fraud, conspiracy to commit Effecr of cnnsoiracx if not all the elements of
terrorism the crime is oresent as reeacds the m­
conspirator
NOTE: If one of the traitors/rebels at1:ually
commits treason/rebellion, conspiracy loses GR: When there is conspiracy, it is immaterial if
its juridical personality and it becomes a the element of the offense is not present as
mode to commit a crime. regards one of the conspirators.

2. Conspiracy as a basis ofincurring criminal XPNs:


liability - When the conspiracy is only a 1. In parricide - the element of relationship
basis of incurring criminaJ liability, there must be present as regards the offenders.
must be an overt act done before the co­ 2. In murder - where treachery is an element of
conspirators become criminally liable. the crime, all offenders must have knowledge
(1996, 1997, 1998, 2003, 2005 BAR) of the employment of the treachery at the
time of the execution of the act.
GR: If he appeared in the scene of the crime,
he is liable as a co-conspirator. Wavs in committine consoiracxCJ996RABl
XPNs: 1. Express Conspiracy - There is an express
1. If he is a mastermind, he does not have agreement.
to be in the scene of the crime to be co­
conspirator. GR: The liability of the conspirators is only
2. If he performs an overt act in the for the crime agreed upon.
performance of the conspiracy, even if it
is not in the scene of the crime per se XPNs:
(e.g. the driver of a get-away car who

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a. The other crime was committed in their implement, or in furtherance of, another
presence and they did not prevent its conspiracy in the next level of which the actor is
commission; not an active party. (People v. Sondiganboyan, C.R.
b. When the other crime is the natural No. 158754, August 10, 2007)
consequence of the crime planned (e.g.
homicide resulting from physical Chain consoiracxin daoeerons denes
injuries); or
c. When the resulting crime was a These are series of overlapping transactions
composite crime or a special complex which are construed to involve only one overall
crime. agreement. The different transactions are
considered the links in the overall agreement,
2. Implied Conspiracy - The offenders acted in which is considered the chain. However, the
concert in the commission of the crime. Their transactions will only be considered links in a
acts are coordinated or synchronized in a chain if each link knows that the other links are
way indicative that they are pursuing a involved in the conspiracy and each link has a
common criminal objective, and they shall be vested interest in the success of the overall series
deemed to be acting in conspiracy and their of transactions. (Bruno v. U.S., 308 U.S. 287,
criminal liability shall be collective, not December 4, 1939)
individual.
There is successive communication and
Insrances where uoirv of m,coose and cooperation in much the same way as with
intention in the commission of the crime is legitimate business operations between
� manufacturer and wholesaler, then wholesaler
and retailer, and then retailer and consumer.
1.Spontaneous agreement at the moment of (Estrado v. Sandiganboyan, C.R. No. 148965,
the commission of the crime is sufficient to February 26, 2002)
create joint responsibility.
2. Active cooperation by all offenders in the Wheel or rirfle coosoiracx no olunder
perpetuation of a crime will create joint
There is a single person or group called the
responsibility. "hub," dealing individually with two or more
other persons or groups known as the "spoke"
Q: Cesario died as he was stoned, shot, and and the rim that encloses the spokes is the
was attempted to be pierced by an arrow by common goal in the overall conspiraty. (Estrada
his relatives. Eddie was the one who shot the v. 5andiganboyan, C.R. No. 148965, February 26,
victim while the other accuseds threw stones 2002)
and fired an arrow (but missed). They were
all adjudged guilty of murder by conspiring Evident premeditation in conspiracy
with each other. They claimed that it was only
Eddie who shot Cesario and therefore the Evident premeditation is not automatic in
others shall not be liable. Who are liable? conspiracy. It shall depend on the kind of
conspiracy employed. It may be appreciated in
A: All are liable. Conspiracy was proven in this express. In implied conspiracy, generally, it
case. Conspiracy may also be proven by cannot be appreciated, absent any proof showing
circumstantial evidence when it can be inferred how and when the plan to kill the victim was
from the acts which would prove a joint purpose hatched or the time that elapsed when it was
and design, concerted action, and community of carried out.
interest.

They "performed specific acts with closeness and


teeal effecrs of imoHed rnnsniracx 0996
coordination as to unmistakably indicate a
2003 RAB)
common purpose and design to ensure the death 1. Not all those who are present at the scene will
of Cesario. (People v. Agacer, C.R. No. 177751, be considered as conspirators;
December 14,2011) 2. Only those who participated by criminal acts
in the commission of the crime will be
Overlapping conspiracy considered as co-conspirators; and
3. Mere acquiescence to or approval of the
It depicts a picture of a conspirator in the first commission of the crime, without any act of
level of conspiracy performing acts which

UNIVERSITY OF SANTO TOMAS


19 �
FACULTY OF CIVIL LAW
BOOK I - FELONIES

criminal participation, shall not render one Q: Can a head of office be held criminally
criminally liable as co-conspirator. liable as conspirator on the basis of command
responsibility?
NOTE: In order to hold someone criminally liable
for implied conspiracy, in addition to mere A: NO. A head or chief of office cannot be held
presence, there should be overt acts that are criminally liable as a conspirator simply on the
closely-related and coordinated to establish the basis of command responsibility. All heads of
presence of common criminal design and offices have to rely to a reasonable extent on
community of purpose in the commission of the their subordinates and on the good faith of those
crime. who prepare bids, purchase supplies, or enter
into negotiations. It would be a bad precedent if a
Proof ofa orevious aereement to commit a head of office plagued by all-too-common
crime not a requirement problems - dishonest or negligent subordinates,
overwork. multiple assignments or positions, or
In conspiracy, it is not necessary to adduce direct plain incompetence - is suddenly swept into a
evidence of a previous agreement to commit a conspiracy convic.tion simply because he did not
crime. Proof of a previous agreement and personally examine every single detail,
decision to commit the crime is not essential. It is painstakingly trace every step from inception,
sufficient that the malefactors acted in unison and investigate the motives of every person
pursuant to the same objective. (People v. Agacer, involved in a transaction before affixing his
eta/., C.R. No.177751, December 14, 2011) signature as the final approving authority. (Arias
v. Sandiganbayan, C.R. No. 81563, December 19,
Conspiracy may be proven by direct or 1989)
circumstantial evidence consisting of acts, words,
or conduct of the alleged conspirators before, Q: Abubakar, Baraguir, and Farouk were
during, and after the commission of the felony to public officials of the DPWH-ARMM at the
achieve a common design or purpose. Proof of time of the commission of the offense. After
the agreement need not rest on direct evidence the creation of the ARMM, the national
and may be inferred from the conduct of the government allotted funds for the
parties indicating a common understanding implementation of infrastructure projects of
among them with respect to the commission of the region, and a portion of the funds were
the offense. It is likewise not necessary to show transferred to DPWH-ARMM. The Office of the
that such persons met together and entered into President received reports of irregularities
an explicit agreement setting out the details of an attending the implementation of the
unlawful scheme or the details by which an infrastructure projects,. Thus, the COA
illegal objet1:ive is to be carried out. (People v. conducted an investigation and yielded the
Pepino and Gomez, C.R. No. 174471, January 12, following findings: (1) Overpayment; (2)
2016) Excessive advance payments; and (3)
Improper conduct of public bidding. The
Q: Does conspiracy exist when the acts of the report found out that DPWH-ARMM officials
accused were caused by their being awarded several contractors certificate of
frightened by the police officers who were mobilization a week before the conduct of the
allegedly in full battle gear and the fortuitous public bidding. The contractors were also
and unexpected character of the encounter allowed to mobilize their equipment on the
and the rapid turn of events? site. DPWH-ARMM offidals also granted and
allowed disbursement of 30% advance
A: YES. The rapid turn of events cannot be payment to one contractor, with amount was
considered to negate a finding of beyond the 15% limit set by law. Based on the
conspiracy. Unlike evident premeditation, there report, Abubakar, Baraguir, and Guiani were
is no requirement for conspiracy to exist that charged with violation of Sec. 3(e), R.A. 3019.
there be a sufficient period of time to elapse to Before the Court, the petitioners invoked the
afford full opportunity for meditation and Arias Doctrine to exonerate them from
reflection. Instead, conspiracy arises on the very liability. Is the Arias Doctrine applicable to
moment the plotters agree, expressly or exonerate the accused from liability?
impliedly, to commit the subject felony. (People v.
Carandang, eta/., C.R. No. 175926,July 6, 2011) A: NO. The application of the doctrine is subject
to the qualification that the public official has no
foreknowledge of any facts or circumstances that

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20
CRIMINAL LAW

would prompt him or her to investigate or BASIS CONSPIRACY PROPOSAL


exercise a greater degree of care. There were
circumstances that should have prompted It exists when There is
Abubakar, Baraguir, and Guiani to make further two or more proposal when
inquiries on the transactions subject of this case. persons come to the person
an agreement who has
As regards the early mobilization of contrac.tors, concerning the decided to
the irregularity was already apparent on the face As to its commission of a commit a
of the certificates of mobilization, which bore Existence felony and felony
dates earlier than the scheduled public bidding. decide to proposes its
This should have already roused suspicion from commit it. execution to
petitioners Baraguir and Guiani, who were the some other
last signatories and final approving authorities. person or
persons.
As regards the Contratt of Survey Work. which Once the Proposal is
was used as the primary supporting document proposal is true only up to
for the disbursement of the 30% mobilization fee accepted, a the point
to Arce Engineering Services, contained a conspiracy where the
patently illegal stipulation. Petitioner Guiani As to its arises. party to whom
cannot blame his subordinates and claim that he occurrence the proposal
acted in good faith considering that he entered was made has
into the contract with Arce Engineering Services. not yet
(Abubakar v. People, C.R. No. 202408, June 27, accepted the
2018, as penned by/. Leanen) proposal.
Conspiracy is Proposal is
Prnnosal As to the bilateral. It unilateral; one
number of requires two party makes a
Exists when the person who has decided to parties parties. proposition to
commit a felony proposes its execution to some
the other.
other person or persons.
CONTINUED CRIMES
Bem,isites ofa orooosal
Continued crime or continuous or delitn
1. A person has decided to commit a felony;
2. He proposes its execution to other person or continuaaoCl996 RABl
persons; and
3. The proposal need not be accepted or else it It is a single crime consisting of a series of acts
shall be a conspiracy. but arising from one criminal resolution.

Here, the offender is impelled by a SINGLE


Punishment fnr consoiracx and orooosal ro CRIMINAL IMPULSE but committed a series of
commit a felony
acts at about the same time in about the same
GR: Conspiracy and proposal to commit a felony place and all the overt acts violate one and the
are not punishable because they are mere same provision law (e.g. theft of 13 cows
preparatory acts. belonging to different owners committed by the
accused at the same place and at the same time).
XPN: When the law specifically provides a
penalty thereof, i.e. Treason, rebellion and coup NOTE: A continued crime is NOT a complex
crime.
d'etat

NOTE: If there is conspiracy to commit Rebellion, Continued crime is different team Icansitocx
and Rebellion is thereafter committed, the .£!i!!!!
accused is liable only for rebellion, the conspiracy
now being merely proofof the Rebellion. Transitory crime, also called "moving crime", is a
concept in criminal procedure to determine the
venue. It may be instituted and tried in the court
Consoiracxvis-a-vis Pronnsaltncommita of the municipality, city, or province where any of
felony
the essential elements thereof took place.

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BOOK I - FELONIES

COMPLEX CRIMES (ART. 48, RPC) AND 2. Complex crime proper - when an offense is
COMPOSITE CRIMES the necessary means for committing the
2004, 2005, 2007, 2009, 2015 BAR) other. (Art 48, RPC)

Plnralitx of crimes Requisites:


a. At least two offenses are committed;
It is the successive execution by the same b. One or some of the offenses must be
individual of different criminal ac.ts upon any of necessary to commit the other; and
which no conviction has yet been declared. c. Both or all the offenses must be punished
under the same statute.
Kindsofolucalitx of crimes
NOTE: Only one penalty is imposed for
1. Formal or ideal- only one criminal liability complex crimes because there is only one
criminal at1:. Thus, there should only be one
a. Complex crime (Art. 48, RPC) information charging a complex crime.
b. When the law specifically fixes a single
penaltyfor 2 or more offenses committed 3. Special complex crime or composite crime -
c. Continued crimes (1996 BAR) one in which the substance is made up of
more than one crime, but which, in the eyes
2. Real or material - there are different crimes of the law, is only a single indivisible offense.
in law and in the conscience of the offender.
In such cases, the offender shall be punished Examples of special complex crimes
for each and every offense that he
committed. 1. Qualified piracy, when piracy is accompanied
by murder, homicide, physical injuries, or
Complex crime rape;
2. Rape with homicide;
Exists when two or more crimes are committed 3. Kidnapping with rape;
but they constitute only one crime in the eyes of 4. Kidnapping with homicide;
the law. Here, there is only one criminal intent; 5. Kidnapping with physical injuries;
hence, only one penalty is imposed. 6. Robbery with homicide;
7. Robbery with rape;
Kindsofcomnlex crimes 8. Robbery with physical injuries; and
9. Robbery with arson.
1. Compound crime - when a single act
constitutes two or more grave or less grave Q: Enicasio Depante, his common-law spouse,
felonies. (Art 48, RPC) his son Erickson Depante, and his
stepdaughter Jamie Rose Baya were sitting on
Requisites: the benches at the C31amba Town Plaza when
a. Only a single act is performed by the Palema, Palmea, and Manzanero approached
offender; and Enicasio. Suddenly, Palema threw a punch at
b. The single act produces: Enicasio in an attempt to grab his phone.
i. Two or more grave felonies; or Palema simultaneously pulled out a knife and
ii. One or more grave and one or more tried to stab him in the abdomen, but was
less grave felonies; or warded off by Jamie, making him drop his
iii. Two or more less grave felonies. knife. Once he retrieved his knife, Palema
stabbed Enicasio on the right thigh, causing
Q: The single act of A in firing a shot him to fall on the ground. Then, Grengia and
caused the death of two persons, arising Saldua arrived at the scene and joined in
from one bullet, who were standing on the beating Enicasio. Seated on the bench near
line of the direction of the bullet. Is A Enicasio, Erickson stood and tried to help his
liable for two separate crimes of father, but Ladra stopped him. When he
hom icide? resisted, Ladra attempted to stab him, but he
was able to evade the attack and immediately
A: NO. Since the deaths of the two victims look for a weapon. Upon reaching his father,
were a result ofone single act offiring a shot, however, he saw that Enicasio had already
a complex crime was committed. collapsed from the stab wounds, but later
died from blood loss. Are Palema, Palmea,

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CRIMINAL LAW

Saldua, and Grengia are guilty beyond


reasonable doubt of robbery with homidde? lcompl�x crimel
committed.

A: YES. Robbery with homicide is a special


complex crime punished under Article 294 of the
tosraoces when there is no comolexcrime
RPC. It is perpetrated when, by reason or on the 1. Kidnapping (Art 267, RPC);
occasion of robbery, homicide is committed. It 2. Occupation of real property or usurpation of
must be stressed that in robbery with homicide, real rights in property (Art 312, RPC);
the offender's original intent must be the 3. Search warrants maliciously obtained (Art
commission of robbery. The killing is merely 129, RPC) in relation to perjury;
incidental and subsidiary. It is clear that accused­ 4. When one offense is committed to conceal
appellants' primary objective was to rob the other;
Enicasio. But. by reason or on the occasion of the 5. When one crime is an element of the other,
robbery, Enicasio was stabbed and died as a for in that case, the former shall be absorbed
result. (People v. Palema, et al., G.R. No. 228000, by the latter. e.g. trespassing which is an
July 10, 2019, os penned by/. Leanen) element of the robbery with force upon
things;
Qcdioacx cnmalex crime tiS-A-vis Snefial 6. When the crime has the same elements as
complex crime [2003 BAR) the other crime committed;

ORDINARY SPECIAL Example: Estafa and falsification of


BASIS COMPLEX private documents have the same element
COMPLEX CRIME
CRIME of damage. Thus, there is no complex
It is made up of two It is made up of crime of estafa through falsification of
or more crimes two or more private document.
being punished crimes which are
under distinct considered only 7. When one of the offenses is penalized by a
provisions of the as components special law;
RPC but alleged in of a single 8. In continued crimes;
one information indivisible 9. Where the intent is really to commit the
As to either because they offense being second crime but the first act although also a
concept were brought about punished in one crime is incidental to the commission of the
by a single felonious provision of the crime; and
act or because one RPC.
offense is a Example: When the intent of the offender
necessary means in taking away a woman is to rape her, the
for committing the crime would only be simple rape as the
other offense or abduction would be absorbed as an
offenses. incident in the commission of rape.
The penalty for the Only one penalty
10. Special complex crimes.
most serious crime is specifically
shall be imposed prescribed for all
NOTE: A light felony CANNOT be complexed with
and in its maximum the component
a grave or less grave felony. It is either treated as
period. crimes which are
a separate offense or considered absorbed in the
regarded as one
grave or less grave felonies.
indivisible
offense. The
NOTE: There can be no complex crime proper if
component
Asto
the other crime is punishable by a special law. To
crimes are not
pena/tie
s be a complex crime proper both crimes must be
regarded as
punished under the RPC.
distinc.t crimes
and so the
penalty to be
Q: Jason !vier was involved in a vehicular
collision resulting to the injuries of
imposed is that
specifically
Evangeline Ponce and the death of her
provided for
husband. He was charged of two offenses: (1)
Reckless Imprudence Resulting in Slight
under the special
Physical Injuries; and (2) Reckless

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23 �
FACULTY OF CIVIL LAW
BOOK I - FELONIES

Imprudence Resulting in Homidde and public office belonging to the military or national
Damage to Property. Can lvler be convicted police. Art. 48 of the Code may apply under the
with the two offenses? (2013 BAR) conditions therein provided.

A: NO. Reckless imprudence is a single crime. Its CIRCUMSTANCES AFFECTING


consequences on persons and property are CRIMINAL LIABILITY
material only to determine the penalty. Reckless
imprudence under Art. 365 is a single quasi­
offense by itself and not merely a means of
Cica,msrances affecrine criminal liahilitx
committing other crimes such that conviction or f1£MAA)
acquittal of such quasi-offense bars subsequent 1. Justifying circumstances;
prosecution for the same quasi-offense. 2. Exempting circumstances;
regardless of its various resulting acts. (/vier v.
3. Mitigating circumstances;
San Pedro, G.R. No.172716, November 17, 2010) 4. Aggravating circumstances; and
5. Alternative circumstances.
Penalty for complex crimes under Article 48
Other circumstances found in the RPC
GR: When a complex crime is committed, the affecting criminal liabmty
penalty for the most serious crime in its
maximum period shall be imposed.
1. Abso/utory cause - has the effect of an
exempting circumstance as it is predicated on
XPN: When the law imposes a single penalty for
lack of voluntariness.
special complex crime.
Example: Spontaneous desistance in
Comnlex crime of couu d'trot with cehemon attempted felonies
(BAR2003}
2. Extenuating circumstonces - has the effect of
There can be a complex crime of coup d'etat with
mitigating the criminal liability of the
rebellion if there was conspiracy between the
offender.
offender/s committing the rebellion. By
conspiracy, the crime of one would be the crime
Example: In the offense of infantidde,
of the other and vice verso. This is possible
concealment of dishonor is an extenuating
because the offender in coup d'etat may be any circumstance insofar as the pregnant woman
person or persons belonging to the military or
and the maternal grandparents are concerned.
the national police or a public officer, whereas
In the offense of abortion under Art. 258, the
rebellion does not so require. liability of a pregnant woman will be
mitigated if her purpose is to conceal
Moreover, the crime of coup d'etat may be
dishonor. (Such circumstance is not available
committed singly. whereas rebellion requires a to the parents of the pregnant woman).
public uprising and taking up arms to overthrow
Furthermore, under Art. 333, if the person
the duly constituted government. Since the two
guilty of adultery committed the offense while
crimes are essentially different and punished being abandoned without justification, the
with distinct penalties, there is no legal
penalty next lower in degree shall be imposed.
impediment to the application of Art. 48 of the
RPC. JUSTIFYING CIRCUMSTANCES
ART. 11, RPC
Complex crime of coup d'etat with sedition
(2003 RAB) Justifying circumstances
Coup d'etat can be complexed with sedition
They are those acts of a person said to be in
because the two crimes are essentially different accordance with law, such that a person is
and distinctly punished under the RPC. deemed not to have committed a crime and is
therefore free from both criminal and civil
Sedition may not be directed against the
liability. (see XPN for civil liability in the
government or be non·politicaJ in objec.tive, subsequent discussion)
whereas coup d'etat is always political in
objective as it is directed against the government
They are:
and led by persons or public officer holding

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CRIMINAL LAW

1. Self-defense; NOTE: Hence, a slap on the face is considered


2. Defense of relatives; as unlawful aggression since the face
3. Defense of stranger; represents a person and his dignity. It is a
4. Avoidance of greater evil or injury; serious, personal attack. (Rugas v. People, G.R.
5. Fulfillment of duty or exercise of right or No.147789,January 14, 2004)
office; and
6. Obedience to an order of a superior. 4. The defense of property rights can be
invoked if there is an attack upon the
Rucdeo of nrnvine the ex1stence of h1stifvine property coupled with an attack upon the
circumstances person of the owner of the premises. All the
elements for justification must however be
In cases where the accused interposes justifying present. (People v. Narvaez, G.R. Nos. L-
circumstance, this prosecutorial burden is shifted 33466-67, April 20, 1983); and
to the accused who himself must prove all the
indispensable ingredients of such defense (People NOTE: However, if A snatches the watch of B
v. Roxas, G.R. No. 218396, February 20, 2016). inside a running passenger jeep, and then B
punches A to protect the possession of his
El lncombit probation qui decit non qui ne,qat - watch, and A fell from the running jeep, his
He who asserts, not he who denies, must prove. head hitting a hard pavement causing his
death, B is not criminally liable for the
Basis fnr these h1sti[Vinecirc11msraoces defense of his property rights. There was no
attack against B's person.
The basis for these justifying circumstances is the
lack of criminal intent. and with the maxim actus 5. Self -defense in libel - Physical assault may be
non fadt reum, n;s; mens sit rea (an act does not justified when the libel is aimed at the
make the doer guilty, unless the mind is guilty), person's good name, and while the libel is in
there is no crime and there is no criminal in the progress, one libel deserves another.
situations contemplated in this article provided
the respective elements are all present. NOTE: What is important is not the duality of the
attack but whether the means employed is
Civil liability in the circumstances mentioned reasonable to prevent the attack.
in Art 11
Beason fncinstifxine self-defense
GR: Since there is no crime, necessarily, there is
no civil liability ex de/icto. It is impossible for the State to protect all its
citizens. Also, a person cannot just give up his
XPN: In paragraph 4, wherein civil liability may rights without resistance being offered.
be adjudged against those who benefited from
the act which caused damage to the property of Effects of self-defense
the victim but spared their own properties from
consequent damages. The civil liability in Par. 4 is 1. When all the elements are present - the
provided for in Art 101, and is commendably in person defending himself is free from criminal
line with the rule against unjust enrichment. liability and civil liability.

SELF-DEFENSE 2. When on!J, a majorir:y of the elements are


ART.11(1), RPC present - privileged mitigating circumstance,
provided there is unlawful aggression.
Biehtsincluded in self-defense
Nature of self-defense
Self-defense includes not only the defense of the
person or body of the one assaulted but also that The rule consistently adhered to in this
of his rights, the enjoyment of which is protected jurisdiction is that when the accused's defense is
by law. Thus, it includes: self-defense, he thereby admits being the author
of the death of the victim. Thus, it becomes
1. Defense of the person's home; incumbent upon him to prove the justifying
2. Defense of rights protected by law; circumstance to the satisfaction of the court.
3. The right to honor; (People v. Del Castillo et al., G.R. No. 169084,
January 18, 2012)

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Requisites of self-defense (URL) [19931 1996, 2. The attack or assault must be actual, or at
2002 2003 2005 RAB) least. imminent; and
3. The attack or assault must be unlawful.
1. Unlawful aggression; (People v. Mopait, G.R. No. 172606, November
2. Reasonable necessity of the means 23,2011)
employed to prevent or repel it; and
3. Lack of sufficient provocation on the part of Lawfulaeeression
the person defending himself.
The fulfillment of a duty or the exercise of a right
No transfer of burden of proof when pleading in a more or less violent manner.
self-defense
Example:
The burden to prove guilt beyond reasonable
doubt is not lifted from the shoulders of the State The act of a chief police who used violence by
which carries it until the end of the proceedings. throwing stones at the accused when the latter
It is the burden of evidence that is shifted to the was running away from him to elude arrest for a
accused to satisfactorily establish the fact of self­ crime committed in his presence, is not unlawful
defense. In other words, only the onus probandl aggression, it appearing that the purpose of the
shifts to the accused, for self-defense is an peace officer was to capture the accused and
affirmative allegation that must be established place him under arrest. (People v. Gayramo, G.R.
with certainty by sufficient and satisfactory Nos. L-39270 and L-39271,October 30,1934)
proof. (People v. Del Castillo et al., G.R. No. 169084,
January 18, 2012) NOTE: If a public officer exceeded his authority,
he may become an unlawful aggressor.
NOTE: Unlawful aggression is an indispensable
requisite or condition slne qua non for self­ Two kinds of unlawful aggression
defense to arise.
1. Actual or material unlawful aggression
Nature of the unlawful aggression [BAR 1993, which means an attack with physical force or
� with a weapon, an offensive act that
positively determines the intent of the
If there is no unlawful aggression, there is aggressor to cause the injury; and
nothing to prevent or repel. The second requisite
of defense will have no basis. (Reyes, 2017) 2. Imminent unlawful aggression which is an
attack that is impending or at the point of
For unlawful aggression to be appreciated, there happening; it must not consist in a mere
must be an .. ac.tual, sudden and unexpected threatening attitude. (People v. Mapoi� G.R.
attack. or imminent danger thereof, not merely a No. 172606, November 23, 2011)
threatening or intimidating attitude" and the
accused must present proof of positively strong Kind of threat that will ammmt to unlawful
act of real aggression. (People v. Sabella, G.R. No . aeeression
183092, May 30, 2011; People v. Camposand
Acoba, G.R. No. 176061,july 4,2011) In case of threat, it must be offensive and strong,
positively showing the wrongful intent to cause
NOTE: Self-defense is not feasible as in case of a injury. It presupposes actual, sudden,
fight. There is no unlawful aggression when there unexpected, or imminent danger · not merely
was an agreement to fight and the challenge to threatening and intimidating action. It is present
fight has been accepted. The parties are only when the one attacked faces real and
considered aggressors as aggression is bound to immediate threat to one's life. (People v.
arise in the course of the fight. But aggression Maningding, G.R. No.19S665, September 14, 2011
which is ahead of a stipulated time and place is reiterating People v. Gabrino and People v.
unlawful. Manulit)

Elements of unlawful aggression Test for unlawful aggression in self-defense

1. There must be a physical or material attack or The test for the presence of unlawful aggression
assault; under the circumstances is whether the
aggression from the victim puts in real peril the
life or personal safety of the person defending

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CRIMINAL LAW

himself. (People v. Mapai� G.R. No. 172606, Example: There is self-defense even if the
November 23, 2011) aggressor used a toy gun provided that the
accused believed it to be a real gun.
Q: Spouses Jesus and Ana Del Mundo went to
sleep in their nipa hut. Upon arriving, the Person who employed the unlawful
spouses saw Ampong and Nora Castillo having aeeressino
sex. Aghast at what he saw, Jesus shouted
invectives at Ampong and Nora who both Oed To constitute an element of self-defense, the
away. Jesus pursued Ampong and Nora at the unlawful aggression must come, direc.tly or
house of Ampong's aunt but neither Ampong indirec.tly, from the person who was
nor Nora was there. Thereafter, be walked at subsequently attacked by the accused. (People v.
home when he was then blocked by Ampong Gutierrez, G.R. No.31010, September 26, 1929)
and bis fellow accused. Without provocation,
Ampong and his fellow accused hit Jesus with Q: A claims that the death of B was an accident
a stone on different parts of his body. The and his act was just for self-defense when his
accused then left Jesus on the ground, revolver accidentally hit the victim while he
bloodied. After the x-ray examinations, Jesus was struggling the same with his real enemy,
was found to have sustained a crack in his C. Is his contention correct?
skull. Are the evidence presented sufficient
evidence: first, to prove that justifying A: NO. In this case, A was not repelling any
circumstances existed; and second, to convict unlawful aggression from B, thereby rendering
the petitioners? his plea of self-defense unwarranted. His act
amounted to aberratio ictus. (Matic v. People, G.R.
A: NO. Ampong and his fellow accused failed to No.180219, November 23, 2011)
present sufficient evidence to prove that
justifying circumstance of self-defense and Bem,isUes to sarisfv the "'reasonable necessitv
defense of a relative exist. therefore resulting to ofrhemeans emnlnvedtnnrevent or renel ir
their conviction. Petitioners' entire defense rests
on proof that it was fesus who initiated an assault 1. Nature and quality of the weapon used by the
by barging into the premises of petitioners' aggressor;
residences, hacking Victor's door, and 2. Physical condition, character. size, and other
threatening physical harm upon petitioners and circumstances of both the offender and
their companions. That is, that unlawful defender; and
aggression originated from fesus. 3. Place and occasion of the assault

Contrary to what a successful averment of self­ NOTE: Perfect equality between the weapons
defense or defense of a relative requires, used by the one defending himself and that of the
petitioners offered nothing more than a self­ aggressor is not required. What the law requires
serving, uncorroborated claim that Jesus is rational equivalence.
appeared out of nowhere to go berserk in the
vicinity of their homes. They failed to present Doctrine of Rational Equivalence
independent and credible proof to back up their
assertions. The Regional Trial Court noted that it The reasonable necessity of the means employed
was highly dubious that Jesus would go all the does not imply material commensurability
way to petitioners' residences to initiate an between the means of attack and defense. What
attack for no apparent reason. (Velasquez v. the law requires is rational equivalence, in the
People, G.R. No. 195021, March 15, 2017, as consideration of which will enter the principal
penned byJ. Leonen) factors: the emergency, the imminent danger to
which the person attacked is exposed, and the
EO:ea ifthere wasamistake nftaa on the nart instinct, more than the reason. that moves or
of the accused impels the defense, and the proportionateness
thereof does not depend upon the harm done, but
In relation to mistake of fatt, the belief of the rests upon the imminent danger of such injury.
accused may be considered in determining the (Espinosa v. People, G.R. No. 181071, March 15,
existence of unlawful aggression. 2010)

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27 �
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BOOK I - FELONIES

Factors taken into consideration in NOTE: The aggression ceases except when
dererminine the reasonableness of means retreat is made to take a more advantageous
emoloved bx thenersoo defendine himself position to ensure the success of the attack which
has begun as unlawful aggression still continues.
1. Means were used to prevent or repel;
2. Means must be necessary and there is no Q: One night, Lina, a young married woman,
other way to prevent or repel it; and was sound asleep in her bedroom when she
3. Means must be reasonable - depending on the felt a man on top of her. Thinking it was her
circumstances, but generally proportionate to husband Tito, who came home a day early
the force of the aggressor. from his business trip, Lina allowed him to
have sex with her. After the act, the man said,
lnsraoces when there can he lack of sufficient "I hope you enjoyed it as much as I did." Not
provocation on the person defending himself recognizing the voice, it dawned upon Lina
that the man was not Tito, her husband.
1. No provocation at all was given to the Furious, Lina took out Tito's gun and shot the
aggressor by the person defending himself; man. Charged with homidde, Lina denies
2. Even if provocation was given, it was not culpability on the ground of defense of honor.
sufficient; Is her claim tenable? (1998, 2000 BAR)
3. Even if provocation was sufficient, it was not
given by the person defending himself; A: NO. Lina's daim that she acted in defense of
4. Even if provocation was given by the person honor is not tenable because the unlawful
defending himself, it was not proximate and aggression on her honor had already ceased.
immediate to the act of aggression; and Defense of honor, as included in self-defense,
5. Sufficient means proportionate to the damage must have been done to prevent or repel an
caused by the act. and adequate to stir one to unlawful aggression. There is no defense to speak
its commission. of where the unlawful aggression no longer
exists.
1.ack of sufficient orovorarion
Q: Gain, Mercado, Rey, and Manzo were
Sufficient provocation should not come from the strolling at the Municipal Park, when they
person defending himself, and it must were blocked by four (4) persons, namely
immediately precede the aggression. Lalog. Concepcion, Ramirez, and Litada.
Mercado was walking ahead of Gain. When he
Control of blows nfnecsnndefendinehimself looked back, he saw Gain being ganged upon
by the group of the accused-appellants who
The person defending himself cannot be expected held both the hands of Gain, while Lalog
to think clearly so as to control his blow. The stabbed Gain. Lalog admitted stabbing Gain in
killing of the unlawful aggressor may still be self-defense. Will his defense lie?
justified as long as the mortal wounds are
inflicted at a time when the elements of complete A: NO. Lalog's defense will not lie. To avail of self­
self-defense are still present. defense as a justifying circumstance so as not to
incur any criminal liability, it must be proved
Q: A unlawfully attacked B with a knife. B then with certainty by satisfactory and convincing
took out his gun which caused A to run away. evidence which excludes any vestige of criminal
B, after treating his wounds, pursued A and aggression on the part of the person invoking it.
shot him. Can B invoke self-defense?
The testimony of prosecution witness Mere.ado
A: NO. The unlawful aggression, which has that Gain was stabbed at his back by Lalog while
begun, no longer exists. When the aggressor runs both his hands were being held by the other
away, the one making a defense has no more appellants is more logical, believable, and in
right to kill or even to wound the former consonance with the physical evidence.
aggressor. In order to justify homicide on the Furthermore, the number of wounds sustained
ground of self-defense, it is essential that the by Gain is indicative of Lalog's desire to kill the
killing of the deceased by the defendant be former and not really defend himself because not
simultaneous with the attack made by the a single moment of the incident was his life and
deceased, or at least both atts succeeded each limb being endangered which is the essence of
other without appreciable interval of time. self-defense.

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The crime committed was murder because "Battered Woman Syndrome· (BWS)
treachery is present in this case. (People v. la/og, (Discussedfurther on Special Peno/ lows)
G.R. No.196753, April 21, 2014)
It refers to a scientifically defined pattern of
Self-defense vis-a-vis Retaliation psychological and behavioral symptoms found in
women living in battering relationships as a
SELF-DEFENSE RETALIATION result of cumulative abuse. (Sec. 3, por. C, R.A.
9262)
The unlawful The inceptual
aggression still unlawful aggression Battered women include wives or women in any
existed when the had already ceased form of intimate relationship with men. (Reyes,
aggressor was when the accused 2017)
injured or disabled attacked him.
by the person making Battery
the defense.
It is any act of inflicting physical harm upon the
"Sraod eronnd when in the riehrdoctrine woman or her child resulting to physical,
psychological, or emotional distress. (Sec. 3, par.
A rule which does not require a person, who is 8, R.A. 9262)
where he has a right to be, to retreat in the face of
a rapidly advancing attacker threatening him cvcre ofYinlence
with a deadly weapon, but entitles him to do
whatever he believes is necessary to protect The battered woman syndrome is charac.terized
himself from great bodily harm. (U.S. v. Domen, by the so-called cycle of violence, which has 3
G.R. No.l-12963, October 25, 1917) phases:
NOTE: Stand ground when in the right dot1:rine is 1. Tension building phase;
the rule followed in the Philippines as opposed to 2. Acute battering incident; and
the retreat to the wall doctrine. 3. Tranquil, loving (or at least non-violent)
phase.
Retreattnthe wall doctrine
NOTE: The defense should prove all three (3)
This doctrine makes it the duty of a person phases of cycle of violence characterizing the
assailed to retreat as far as he can before he is relationship of the parties. (People v. Genosa, G.R.
justified in meeting force with force. (U.S. v. No. 135981,Jonuory 15, 2004)
Domen, G.R. No. l-12963, October 25, 1917)
BWS used asadefense (2014 2015RABJ
ANTI-VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN ACT OF 2004 Victim-survivors who are found by the courts to
R.A. 9262 be suffering from battered woman syndrome do
not incur any criminal or civil liability
Battered woman notwithstanding the absence of any of the
elements for justifying circumstances of self·
A woman who is repeatedly subjected to any defense under the RPC. (Sec. 26, R.A. 9262)
forceful physical or psychological behavior by a
man to coerce her to do something he wants her In layman's terms, if an abused woman kills or
to do without any concern for her rights. inflicts physical injuries on her abusive husband
or live·in partner. and the trial court determines
NOTE: To be classified as a battered woman, the that she is suffering from "Battered Woman
couple must go through the battering cycle at Syndrome," the court will declare her not guilty.
least twice. Any woman may find herself in an (People v. Genoso, G.R. No. 135981, January 15,
abusive relationship with a man once. If it occurs 2004)
a second time, and she remains in the situation,
she is defined as a battered woman. (People v. The law now allows the battered woman
Genosa, G.R. No. 135981,Jonuary 15, 2004) syndrome as a valid defense in the crime of
parricide independent of self-defense under the
BATTERED WOMAN SYNDROME RPC. (Sec. 26, RA 9262)

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FACULTY OF CIVIL LAW
BOOK I - FELONIES

In the determination of the state of mind of the NOTE: If the degree of consanguinity or affinity is
woman who was suffering from battered woman beyond the fourth degree, it will be considered
syndrome at the time of the commission of the defense of a stranger.
crime, the courts shall be assisted by expert
psychiatrists/psychologists. (Sec. 26, R.A. 9262) NOTE: Death of one spouse does not terminate
the relationship by affinity established between
NOTE: Only a certified psychologist or the surviving spouse and the blood relatives of
psychiatrist can prove the existence of a Battered the deceased. (Intestate Estate of Manalita
Woman Syndrome in a woman. Gonzales Vda. De Carungcang v. People, G.R. No.
181409, February 11, 2010)
Women who ran avail ofRWS asadefense
NOTE: Motive is relative in this kind of defense.
1. Wife;
2. Former wife; DEFENSE OF A STRANGER
3. A woman with whom the person has or had a ART.11(3), RPC
sexual or dating relationship;
Beonisites ofdefense ofstcaneer
NOTE: The "dating relationship" that the law
contemplates can exist even without a sexual 1. Unlawful aggression;
intercourse taking place between those 2. Reasonable necessity of the means employed
involved. to prevent or repel it; and
3. The person defending be not induced by
4. A woman with whom he has a common child, revenge, resentment, or other evil motive.
or against her child whether legitimate or
illegitimate, within or without the family Whoare deemed stcaneecs?
abode.
Any person not included in the enumeration of
DEFENSE OF RELATIVES relatives mentioned in par. 2, ArL 11 of RPC.
ART. 11(2), RPC
AVOIDANCE OF GREATER EVIL OR
BeoniSites ofdefense nfrelarives STATE OF NECESSITY
ART.11(4), RPC
1. Unlawful aggression;
2. Reasonable necessity of the means employed Beonisites nfsrate ofneressitvCl990RABl
to prevent or repel it; and
3. In case the provocation was given by the 1. Evil sought to be avoided actually exists;
person attacked, the one making a defense 2. Injury feared be greater than that done to
had no part therein. avoid it;
3. There be no other practical and less harmful
Meanina ofthe thicctremtisite means of preventing it; and
4. That the state of necessity or emergency was
There is still a legitimate defense even if the not due to the fault or negligence of the
relative being defended has given provocation person claiming the defense.

Relatives covered under the iusrifu'ioe NOTE: The state of necessity must not have been
rircnmsrance brought about by the negligence or imprudence
by the one invoking the justifying circumstances.
1. Spouse; (1998, 2004 BAR)
2. Ascendants;
3. Descendants; Doctrine of Self-help
4. Legitimate, natural or adopted brothers and
sisters, or relatives by affinity in the same "The owner or lawful possessor of a thing has the
degree (namely: ascendants-in-law, right to exclude any person from the enjoyment
descendants-in-law, and siblings-in-law); and and disposal thereof. For this purpose, he may
5. Relatives by consanguinity within the 4th civil use such force as may be reasonably necessary to
degree. repel or prevent an actual or threatened unlawful
physical invasion or usurpation of his property.•
(Art 429, New Civil Cade)

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CRIMINAL LAW

"Pamaee tnanntheC:: tried to get bold of Jun-Jun who resisted and


ran away. Pat. Reyes chased him and fired two
Covers injury to persons and damage to property. warning shots in the air but Jun-Jun continued
to run, Pat. Reyes shot him in the right leg.
Jun-Jun was hit and he fell down but he
crawled towards a fence, intending to pass
Harmful, injurious, disastrous, and destructive. through an opening underneath.
As contemplated, it must actually exist. If it is
merely expected or anticipated, the one acting by When Pat. Reyes was about S meters away, be
such notion is not in a state of necessity. fired another shot at Jun-Jun hitting him at
the right lower hip, Pat. Reyes brought Jun­
Personiocnrrioe benefit is civ'illv Hable Jun to the hospital, but because of profuse
bleeding. be eventually died. Pat. Reyes was
The persons for whose benefit the harm has been subsequently charged with homidde. During
prevented shall be civilly liable in proportion to the trial, Pat. Reyes raised the defense, by way
the benefit which they received. of exoneration, that be acted in the fulfillment
o f a duty. ls the defense tenable?
NOTE: The civil liability referred to herein is
based not on the act committed but on the A: NO, The defense of having acted in the
benefit derived from the state of necessity. fulfillment of a duty requires as a condition, inter
Therefore, the accused will not be civilly liable if a/io, that the injury or offense committed be the
he did not receive any benefit out of the state of unavoidable or necessary consequence of the due
necessity. Persons who did not participate in the performance of the duty. (People v. Danis, G.R. No.
damage would be civilly liable if they derived L-47722, July 27, 1943).
benefit out of the state of necessity.
It is not enough that the accused acted in
Stue ofNecessitx vis-A-vis Accident fulfillment of a duty. After jun-Jun was shot in the
right leg and was already trawling, there was no
STATE OF need for Pat. Reyes to shoot him any further.
ACCIDENT
NECESSITY Clearly, he acted beyond the call of duty, which
t 11 , par.4
Ar. Art. 12, par.4
brought about the cause of death of the victim.
Offender (2000BAR)
Offender accidently
deliberately caused
caused damage.
damage.
OBEDIENCE TO AN ORDER ISSUED
FULFILLMENT OF DUTY FOR SOME LAWFUL PURPOSE
ART. 11(5), RPC ART. 11(6), RPC

Beouisites offulfillment ofdntx BeauisUes ofobedience to an order issued COc


some lawfulnnronse
1. Accused acted in the performance of a duty
or in the lawful exercise of a right or office; 1. An order has been issued by a superior;
and 2. Such order must be for some lawful purpose;
2. Injury caused or offense committed be the and
necessary consequence of the due 3. Means used by the subordinate to carry out
performance of duty or the lawful exercise of said order is lawful.
such right or office.
NOTE: Both the person who gave the order and
Q: Lucresia was robbed of her bracelet in her the person who executed it must be acting within
home. The following day, Lucresia, while in the limitations prescribed by law.
her store, noticed her bracelet wound around
the right arm of Jun-Jun. The application of the law is not limited to orders
made by public officers to inferior public officials.
As soon as the latter left, Lucresia went to a Thus, a driver of an escaping prisoner who did
nearby police station and sought the help of not know that his employer is leaving the prison
Pat. Willie Reyes. He went with Lucresia to the compound, as he used to drive for him to go to
house of Jun-Jun to confront the latter. Pat. his office in previous incidents in order to escape,
Reyes introduced himself as a policeman and cannot be held criminally liable.

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BOOK I - FELONIES

Materiality of good faith on the part of the The following are exempted from criminal
suhocdinare liahilirx (If-SAC-If)
If he obeyed an order in good faith, not being 1. An !mbeclle or an insane person, unless the
aware of its illegality, he is not liable. However, latter has acted during a lucid interval;
the order must not be patently illegal. If the order
is patently illegal, this circumstance cannot be 2. A child ,E.ifteen years of age or under is
validly invoked. exempt from criminal liability under R.A.
9344; (1998 BAR)
NOTE: Even if the order is patently illegal, the
subordinate may still be able to invoke an 3. A person who is Sixteen to seventeen years
exempting circumstance: (1) having acted upon old, unless has acted with discernment. in
the compulsion of an irresistible force; or (2) which case, such child shall be subject to
under the impulse of an uncontrollable fear. appropriate proceedings in accordance with
R.A. 9344; (2000 BAR)
Q: Mayor Adalin was transferred from the
provincial jail of Eastern Samar to the 4. Any person who, while performing a lawful
residence of Governor Ambil upon the act with due c.are, causes an injury by mere
issuance of the order granting the jail warden ,iccident without the fault or intention of
of such actions. causing it; (1992, 2000 BAR)

Gov. Ambil tried to justify the transfer by 5. Any person who acts under the ,!;ompulsion
stating that it was caused by the imminent of an irresistible force;
threats upon Mayor Adalin. Sandiganbayan
convicted the jail warden and Gov. Ambil 6. Any person who acts under the Impulse of
guilty for violating Sec 3(e) of R.A 3019. May an uncontrollable fear of an equal or greater
the governor's actions b e justified on the injury; and
ground that be merely acted in the fulfillment
of bis duty? 7. Any person who f.ails to perform an act
required by law, when prevented by some
May the actions of the jail warden be justified lawful or insuperable cause. (1994 BAR)
as be was merely following orders from the
governor? Basis fnr exemorion from criminalliahiHrv
A: NO. A governor of a province has no power to
EXEMPTING
order the transfer of a detention prisoner. Nor BASIS
CIRCUMSTANCE
can the provincial jail warden follow such an
unlawful order. Thus, neither of them can invoke Insanity/Imbecility Lack of intelligence
the justifying circumstance of lawful exercise of
Minority Lack of intelligence
office or obedience to a lawful order. (Ambil v.
Sandiganbayan, G.R. No. 175457,July 6,2011) Accident without fault
Lack of criminal
or intention of
intent
EXEMPTING CIRCUMSTANCES causin2. it
ART. 12, RPC Compulsion of
Lack of freedom
irresistible force
ExemotineCirn,msrances Cnon-imourahmtxl Uncontrollable fear Lack of freedom
Prevented by some
These are grounds for exemption from Lack of criminal
lawful or insuperable
punishment because there is wanting in the agent intent
cause
of the crime any of the conditions which make
the att voluntary or negligent. (Reyes, 2017) Q: In cases of exempting drcumstances, is
there a crime committed?
GR: No criminal liability, but there is civil liability
A: YES. There is a crime committed but no
XPN: Par. 4 and Par. 7 are exempted from both criminal liability arises from it because of the
criminal and civil liability complete absence of any of the conditions which
constitute free will or voluntariness of the act.

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Instltvine rica,msrances vis-A-vis Exemotine Exempt from Not exempt


circnmstances C2002 RABl Exemption
criminal from criminal
from liability in all liability if it
BASIS JUSTIFYING EXEMPTING cases. can be shown
criminal
CIRCUMSTANCE CIRCUMSTANCE that he acted
liability
The The circumstances during a
circumstance affect the actor. lucid interval.
Astoits
affects the
effect
act. not the Tests tor exemorinn on ernnnds nfinsanitv
actor.
The act Since the act 1. Test of cognition - whether the accused acted
complained complained of is with complete deprivation of intelligence in
of is actually wrong, committing said crime.
considered to there is a crime. But
Asto have been because the actor 2. Test of volition - whether the accused acted
existenc done within acted without in total deprivation of freedom of will.
e ofa the bounds of voluntariness, there
crime law; hence, it is absence of dolo or NOTE: Test of cognition is followed in the
is deemed as culpa. Hence, there Philippines. Caselaw shows common reliance on
if no crime is is no criminal. the test of cognition, rather than on a test relating
committed. to '"freedom of the will." Examination of our
caselaw has failed to turn up any case where this
Since there is GR: There is civil Court has exempted an accused on the sole ground
no crime or liability for the that he was totally deprived of "freedom of the
criminal, wrong done. will," i.e., without an accompanying "complete
there is no deprivation of intelligence." This is perhaps to be
Asta criminal XPN: In paragraphs expected since a person's volition naturally
liability liability as 4 and 7 of Article 12, reaches out only towards that which is presented
well as civil there is neither as desirable by his intelligence, whether that
liability. criminal nor civil intelligence be diseased or healthy. In any case,
liability. where the accused failed to show complete
impairment or loss of intelligence, the Court has
recognized at most a mitigating, not an exempting,
IMBECILITY AND INSANITY circumstance in accord with Article 13(9) of the
ART.12(1), RPC Revised Penal Code: "Such illness of the offender as
would diminish the exercise of the will•power of
Imbecility vis-3-vis Insanity the offender without however depriving him of the
consciousness of his acts." (People v. Rafanan, C.R.
No. L-54135, November21, 1991)
BASIS IMBECILITY INSANITY
An imbecile is Insanity
one who, while exists when Presumotinn isin favorof sanitv
advanced in there is a
The defense must prove that the accused was
age, has a complete
insane at the time of the commission of the crime.
mental deprivation
Definition development of
NOTE: Mere abnormalities of the mental facilities
comparable to intelligence
are not enough.
that of children in
bel\veen two to committing
Q: Rosalina stabbed Mrs. Sigua to death in her
seven years of the act.
office. During trial, he pleaded insanity and
age.
presented several witnesses, including doctors
Existence No lucid There is lucid from the National Mental Hospital, who all said
of Lucid interval interval that he was suffering from organic mental
Interval disorder secondary to cerebro-vascular
accident or stroke. It appears that he was
working in Lebanon a few years back and in
Riyadh a few months after. While he was in
Riyadh, he suffered a stroke. According to the

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33 �
FACULTY OF CIVIL LAW
BOOK I - FELONIES

doctors, this event triggered the mental mentaJ condition or ailment and that such
disability since when he returned to the deprivation manifest itself during the commission
Philippines, his attitude had changed of the crime. He is clinically diagnosed as a
considerably. The prosecution claimed that schizophrenic. and that in the recent years and
during the commission of the crime, it was a immediately before the incident. it was apparent
lucid interval for Rosalino because when he that he was not in the right state of mind since his
was being treated in the mental hospital, he eyes were bloodshot and not acting accordingly.
was shouting that he killed Mrs. Sigua. Can (Verdodero v. People, G.R. No. 216021, Morch 2,
defense of insanity be appreciated? 2016)

A: NO. Insanity in our law exists when there is a Effeas nfinsanitx ofthe accused
complete deprivation or intelligence. The
statement of one of the witnesses that the accused 1. At the time of the commission of the crime -
knew the nature or what he had done makes it exempted from criminal liability.
highly doubtful that he was insane when he 2. During trial - proceedings are suspended
committed the act charged. Generally. in criminal until the mental capacity of the accused is
cases, every doubt is resolved in favor of the restored to afford him fair trial. Accused is
accused. But in the defense or insanity, doubt as to then committed to a hospital.
the fact or insanity should be resolved in favor or 3. After judgment or while serving sentence -
sanity. The burden or proving the affirmative execution or judgment is suspended and the
allegation or insanity rests on the defense. The accused will be committed to a hospital. The
quantum of evidence required to overthrow the period of confinement in the hospital is
presumption of sanity is proof beyond reasonable counted for the purpose of the prescription
doubt. Insanity is a defense in a confession and of the penalty.
avoidance and as such must be proved beyond
reasonable doubt. Insanity must be clearly and Other instances of insanity
satisfactorily proved in order to acquit the accused.
In this case, Rosalina has not successfully 1. Dementia proecox (Schizoprenia) is covered
discharged the burden of overcoming the by the term insanity because homicidal
presumption that he committed the crime as attack is common in such form of psychosis.
charged freely, knowingly, and intelligently. It is characterized by delusions that he is
(People v. Dungo, G.R. No 89420,July 31,1991) being interfered with sexually, or that his
property is being taken, thus the person has
Aooceciarinn of insanitv as an exemorine no control over his acts. (People v. Bonoan,
circumstance G.R. No. L-45130, February 17, 1937
2. Kleptomania or presence of abnormal,
Insanity presupposes that the accused was persistent impulse or tendency to steal, to be
completely deprived of reason or discernment and considered exempting will still have to be
freedom of will at the time of the commission of investigated by competent psychiatrist to
the crime. Only when there is a complete determine if the unlawful act is due to
deprivation of intelligence at the time of the irresistible impulse produced by his mental
commission of the crime should the exempting defect, thus loss of willpower. If such mental
circumstance of insanity be considered. (People v. defect only diminishes the exercise or his
Bulogao, G.R. No. 184757, October 5, 2011) willpower and did not deprive him of the
consciousness of his acts, it is only
Q: Verdadero, the accused in this case, mitigating.
repeatedly stabbed Romeo, the victim, with a 3. Epilepsy which is chronic nervous disease
Rambo knife. He was successfully detained by characterized by compulsive motions of the
the police officers. Accused testified that he is muscles and loss of consciousness may be
insane during the commission or the crime and covered by the term insanity.
that he is clinically diagnosed as a 4. The SC considered the following as included
schizophrenic that relapses often in the recent in the term ·insanity": lack or controlled
years prior to the incident that happened. Is he consciousness, such as while dreaming
liable for homidde? (People v. Toneo, G.R. No. l·37673, Morch 31,
1933), and somnambulism or sleep-walking.
A: NO. The accused was able to interpose the (People v. Gimeno, G.R. No. L-33877, February
defense of insanity which requires that the person 6,1931)
be completely deprived of intelligence due to the

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CRIMINAL LAW

NOTE: Feeble-mindedness is not exempting below 18 a community-


because the offender could distinguish right from years old, who based
wrong. An imbecile or an insane cannot ac.ted without intervention
distinguish right from wrong. (People v. discernment oroeram.
Formigones, G.R. No. L-3246, November 29, 1950) Above 15 Not Such child shall
years old but exempt be subjected to
MINORITY below 18 a diversion
ART.12(2 and 3), RPC years old, who program.
as amended by R.A. 9344, atted with
as rurther amended by R.A.10630 discernment

Discernment NOTE: The exemption from criminal liability


in the cases specified above does not include
The mental capacity to understand the difference exemption from civil liability, which shall be
between right and wrong including the capacity enforced in accordance with existing laws.
to fully appreciate the consequences or his (Sec. 6, R.A. 9344, os amended by R.A 10630)
unlawful act. Such capacity may be known and
should be determined by taking into ACCIDENT WITHOUT FAULT OR
consideration all the facts and circumstances INTENTION OF CAUSING IT
afforded by the records in each case, the manner ART.12(4), RPC
the crime was committed, and the conduct of the
offender after its commission. (People v. Doqueilo, Conditlons necessary to exemnt a oecson
G.R. No 46539, September 27, 1939) from liability under subsection 4 of Article
12 ofBPC
IntentviS-A-vis PiScernment
1. That the act causing the injury be lawful,
that is, permitted not only by law but also
INTENT OISCERNMENT
by regulations;
The The mental capacity to 2. That it be performed with due care;
determination to tell right from wrong. 3. That the injury be caused by mere
do a certain thing. It relates to the moral accident, e.g., by an unforeseen event; and
an aim, or significance that a 4. That there be no fault or intention to cause
purpose of the person ascribes to his the injury.
mind. It is the att and relates to the
design to resolve intelligence as an NOTE: If not all the conditions necessary to
or determination element of do/o. exempt a person from liability are present, the
by which a person act should be considered as:
acts.
1. Reckless imprudence, if the att is executed
NOTE: Discernment is manifested through without taking those precautions of measures
manner of committing the crime and conduct of which the most common prudence would
the offender. require; or

MINIMUM AGE OF CRIMINAL RESPONSIBILITY 2. Simple imprudence, if it is a mere lack of


AND TREATMENT OF CHILD BELOW precaution in those cases where either the
THE AGE OF RESPONSIBILITY threatened harm is not imminent or the
(R.A. 9344, as amended by R.A. 10630) danger is not openly visible. (Art 365, RPC)

AGE CRIMINAL
TREATMENT
Accident
BRACKET LIABILITY
15 years old Exempt The child shall It is something that happens outside the sway of
or below be subjetted to our will, and although it comes about through
a community- some act of our will, lies beyond the bounds of
based humanly foreseeable consequences. It
intervention presupposes a lack of intention to commit the
oroe:ram. wrong done. (People v. Del Cruz, G.R. No. 187683,
Above 15 Exempt The child shall February 11, 2010)
years old but be subietted to

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FACULTY OF CIVIL LAW
BOOK I - FELONIES

If the consequences are plainly foreseeable, it will firearm with its barrel pointed towards the giver
be a case of negligence. or any other person was not proper. That he did
these improper acts despite his training and
Elements of Accident: experience as a security guard undermines any
notion that he had acted with due care during the
1. A person is performing a lawful act; subject incident. (People v. Lanuza, G.R. No.
2. With due care; 188562, August 17, 2011)
3. He causes injury to another by mere
COMPULSION OF IRRESISTIBLE FORCE
accident; and
ART. 12(5), RPC
4. Without fault or intention of causing it.

Exemption from criminal and civil liability


Rasisof exemntinn
The infliction of the injury by mere accident does The complete absence of freedom- an element of
not give rise to a criminal or civil liability, but the voluntariness.
person who caused the injury is duty bound to
attend to the person who was injured. Irresistible Force
Illustration: A chauffeur, while driving his It is a degree of force which is external or
automobile on the proper side of the road at a physic.al, which reduces the person to a mere
moderate speed and with due diligence, suddenly instrument. and the acts produced are done
and unexpectedly saw a man in front of his without and against his will.
vehicle coming from the sidewalk and crossing
the street without any warning that he would do Beonisites nfcnmnnlSion nfirceSistihle fnrce
so. Because it was not physically possible to
avoid hitting him, the said chauffeur ran over the 1. Compulsion is by means of physical force;
man with his car. It was held that he was not 2. Physical force must be irresistible; and
criminally liable, it being a mere accident. (US. v. 3. Physical force must come from a third
Tayongt,,ng, G.R. No. 6897, February 15, 1912) person.

Q: A and B are both security guards. A turned Nan,ce nfohvsiral force ceaniced in oar s
over to B a service firearm who held it with
both hands, with the muzzle pointed at A and The force must be irresistible to reduce the actor
the butt towards B. At that moment, B held to a mere instrument who acts not only without a
opposite the muzzle of the gun where the will but against his will. The duress, force, fear,
trigger is, and almost slip with it while in the or intimidation must be present. imminent and
act of gripping and then immediately the gun impending, and of such a nature as to induce a
went off and accidentally shot A. A was able to well-grounded apprehension of death or serious
recover from the shot. B was then charged bodily harm if the act is not done. A threat of
with frustrated homicide. can B raise the future injury is not enough. The compulsion must
defense of accident to mitigate his liability? be of such a character as to leave no opportunity
to the accused for escape or self-defense in equal
A: NO. It is axiomatic that a person who invokes combat. (People v. Lorena, G.R. No. L-54414,July 9,
accident must prove that he acted with due 1984)
care. This was belied by the conduct of the
accused when he allegedly received the shotgun Q: Baculi, who was not a member of the band
from the private complainant. As he himself which murdered some American school
admitted, he received the shotgun by placing his teachers, was in a plantation gathering
pointer linger, also known as the trigger finger, to bananas. Upon hearing the shooting, he ran.
squeeze the trigger, inside the trigger guard and However, Baculi was seen by the leaders of
over the trigger itself. Worse, he did so while the the band who called him, and striking him
barrel of the gun was pointed at the private with the butts of their guns. They compelled
complainant him to bury the bodies. Is he liable as an
accessory to the crime of murder?
According to him, he knew that it was not proper
for a person to receive a firearm from another by A: NO. Baculi is not criminally liable as accessory
immediately inserting a finger inside the trigger for concealing the body of the crime of murder
guard. Likewise, he knew that the hand-over of a committed by the band because he acted under

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CRIMINAL LAW

the compulsion of an irresistible force. (U.S. v. leave no opportunity to the accused for escape or
Cabal/eras, G.R. No. 1352, March 29, 1905) self-defense in equal combat.

Q: Rogelio Delos Reyes, along with Roderick In case of uncontrollable fear, it is necessary that
Licayan and Roberto Lara, were charged with the threat that caused the uncontrollable fear on
the crime of Kidnapping for Ransom. In bis the offender must be present, clear, and personal.
defense, Delos Reyes argued that be was It must not only be/merely an imagined threat or
merely passing by at the crime scene when court interfered threat.
one of the co-accused pointed a gun at him
and forced him to guard the victims. Hence, be Irresistible force vis-a-vis Uncontrollable fear
is entitled to the exempting circumstance of
compulsion due to irresistible force. Is the IRRESISTIBLE UNCONTROLLABLE
exempting circumstance of compulsion due to FORCE FEAR
irresistible force present A person is A person is compelled
compelled by by another to commit
A: NO. A person invoking the exempting another to commit a a crime by means of
circumstance of compulsion due to irresistible crime by means of intimidation or
force admits in effect the commission of a violence or physical threat.
punishable act, which must show that the force.
irresistible force reduced him to a mere The irresistible force The uncontrollable
instrument that acted not only without will but must have been fear may be
also against his will. The duress, force, fear, or made to operate generated by a
intimidation must be present. imminent and direttly upon the threatened act
impending; and it must be of such a nature as to person of the directed to a third
induce a well-grounded apprehension of death or accused, and the person, such as the
serious bodily harm if the att is not done. It is injury feared may be wife of the accused
hard to believe that a person who accidentally of a lesser degree who was kidnapped,
discovers kidnap victims would be held at than the damage but the evil feared
gunpoint by the kidnappers to guard said vittims. caused by the must be greater or at
(People v. Licayan, et al., G.R. No. 203961, July 29, accused. least equal to the
2015) damage caused to
avoid it.
UNCONTROLLABLE FEAR
ART. 12(6), RPC The person who used the force or created the
fear is criminally and primarily civilly liable, but
Basis nfexemotlon the accused who performed the act involuntarily
and under duress is still secondarily civilly liable.
The absence of freedom. (Art 101, RPC)

Bem,isites Q: The evidence on record shows that at the


time the ransom money was to be delivered,
1. Threat, which causes the fear, is of an evil appellants Arturo Malit and Fernando
greater than or at least equal to that which Morales, unaccompanied by any of the other
he is required to commit; and accused, entered the van wherein Felidano
2. It promises an evil of such gravity and Tan was. At that time, Narciso Saldana, Elmer
imminence that the ordinary man would Esguerra, and Romeo Bautista were waiting
have succumbed to it. for both appellants from a distance of about
one kilometer. Both appellants raise the
Elements ofunconttnllahle rear defense of uncontrollable fear. Is their
contention tenable?
1. Existence ofan uncontrollable fear;
2. Fear must be real and imminent; and A: NO. By not availing of this chance to escape,
3. Fear of an injury is greater than or equal to the appellants' allegation of fear or duress
that committed. becomes untenable. It was held that in order for
the circumstance of uncontrollable fear may
NOTE: A threat of future injury is not enough. apply, it is necessary that the compulsion is of
The compulsion must be of such character as to such a charac.ter as to leave no opportunity for
escape or self-defense in equal combat.

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FACULTY OF CIVIL LAW
BOOK I - FELONIES

Moreover, the reason for their entry to the van 1. Incomplete justifying or exempting
could be taken as their way of keeping Feliciano circumstance (Privileged Mitigating
Tan under further surveillance at a most critical circumstance); (1990, 1996 BAR)
time. (People v. Soldano, G.R. No. 148518, April 15, 2. The offender is under 18 or over 70 years old;
2004) 3. No intention to commit so grave a wrong
(proeter intentionem); (2000, 2001 BAR)
PREVENTED BY SOME LAWFUL OR 4. Sufficient threat or provocation;
INSUPERABLE CAUSE 5. Vindication of a grave offense; (1993, 2000,
ART. 12 (7), RPC 2003 BAR)
6. Passion or obfuscation;
Basis ofthe exemorine drcnmstance 7. Voluntary surrender; (1992, 1996, 1997,
1999 BAR)
The absence of intent. 8. Physical defect;
9. Illness of the offender;
lnsunerahle cause 10. Similar and analogous circumstances; and
11. Humanitarian reasons. Uoril/o v. People, G.R.
Some motive which has lawfully, morally, or No. 164435, September 29, 2009)
physically prevented a person from doing what
the law commands. NOTE: Mitigating circumstances must be present
prior to or simultaneously with the commission
BeoniSites of the offense, except voluntary surrender or
confession of guilt by the accused. (Art 13, par. 7,
1. An act is required by law to be done; RPC)
2. A person fails to perform such act; and
3. Failure to perform such act was due to some Effecrs of mitlearine circumstances in the
lawful or insuperable cause. nature of the crime

NOTE: It applies to felonies by omission. They reduce the penalty but do not change the
nature of the crime.
MITIGATING CIRCUMSTANCES
ART. 13, RPC Classes nfmitieatlne drcumsrances
Mitiearioe Cica,msrances 1. Ordinary mitigating
2. Privileged mitigating
Those which, if present in the commission of the
crime, do not entirely free the actor from Ordinary mitiearine vis-ta-yjs Privileeed
criminal liability but serve only to reduce the mirieatine
penalty.
ORDINARY PRIVILEGED
One single att cannot be made the basis of more
MITIGATING MITIGATING
than one mitigating circumstance. Hence, a
mitigating circumstance arising from a single act Can be offset by Can never be offset by
absorbs all the other mitigating circumstances aggravating any aggravating
arising from the same act. circumstances circumstance
Ordinary mitigating Privileged mitigating
Basis ofmitiearine drcumsrances circumstances, if not circumstances operate
The basis is diminution of either freedom of offset, will operate to to reduce the penalty
action, intelligence, or intent or on the lesser reduce the penalty to by one to two degrees,
perversity of the offender. the minimum period, depending upon what
provided the penalty the law provides
NOTE: It is not considered in Art. 365. is a divisible one
Not considered in the Always considered
Circumstances which can mitigate criminal determination of the regardless of the
liability proper penalty when penalty imposed
the penalty
prescribed by law for
the single crime is a
sinQ/e indivisible

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CRIMINAL LAW

I penalty. INCOMPLETE JUSTIFYING OR


EXEMPTING CIRCUMSTANCE
Privileeed mitie«nioe Circumstaoces under ART. 13(1), RPC
theBPC Incomplete justifying or exempting
1. When the offender is a minor under 18 years circnmsraoce
of age (Art 68, RPC); (2013, 2014 BAR)
2. When the crime committed is not wholly It means that not all the requisites to justify the
excusable (Art 69, RPC); act are present or not all the requisites to exempt
3. When there are two or more mitigating from criminal liability are present.
circumstances and no aggravating
circumstance, the court shall impose the Effect no the criminal Hahmrx ofthe offender
penalty next lower to that prescribed by law, of incomolere h1stifxine dccumstaoces nc
in the period that it may deem applicable, incomplete exempting circumstances
according to the number and nature of such
circumstances (Art 64, par. 5, RPC); (1997 If less than the majority of the requisites
BAR) necessary to justify the act or exempt from
4. Voluntary release of the person illegally criminal liability are present, the offender shall
detained within 3 days without the offender only be entitled to an ordinary mitigating
attaining his purpose and before the circumstance.
institution of the criminal action (Art. 268,
par. 3, RPC); If a majority of the requisites needed to justify
5. Abandonment without justification of the the act or exempt from criminal liability are
spouse who commited adultery (Art 333, present, the offender shall be given the benefit of
par. 3, RPC); and a privileged mitigating circumstance. The
6. Concealing dishonor in case of infanticide. imposable penalty shall be lowered by one or two
(Art 255, par. 2, RPC) degrees. When there are only two conditions to
justify the act or to exempt from criminal liability,
NOTE: If it is the maternal grandparent who the presence of one shall be regarded as the
committed the offense to conceal dishonor. the majority.
penalty imposed is one degree lower. If it is the
pregnant woman who committed the offense to Unlawful aerressioo· condition neressacx
conceal dishonor, the penalty imposed is two hefnre iocnmolere self-defense defense of
degrees lower. In case of concealing dishonor by relative nc defense of straoeer max he
a pregnant woman in abortion, the imposable invoked
penalty is merely lowered by period and not by
degree, hence, not a privileged mitigating The offended party must be guilty of unlawful
circumstance. (Art 255, RPC) aggression. Without unlawful aggression, there
can be no incomplete self-defense, defense of
Privileeed mirieatine cica,msrances relative, or defense of stranger.
cnotemolated underArt 69 Effects on the criminal liability of tbe offender
Incomplete justifying (Art 11, RPC) and of incnmolere self-defense defense of
incomplete exempting (Art 12, RPC) relative. or defense of stranger
circumstances, provided that the majority of their
conditions are present. 1. If an/y the element of unlawful aggression is
present, the other requisites being absent -
For this article to apply, it is necessary that: ordinary mitigating circumstance

1. Some of the conditions required to justify the 2. If aside from the element af unlawful
deed or to exempt from criminal liability are aggression� another requls;te but not all ls
lacking; present- privileged mitigating circumstance
2. The majority of such conditions are
nonetheless present; and NOTE: In such a case, the imposable penalty
3. When the circumstance has an indispensable shall be reduced by one or two degrees
element. that element must be present in the depending upon how the court regards the
case. (Regalado, 2007) importance of the requisites present

UNIVERSITY OF SANTO TOMAS ..


39
FACULTY OF CIVIL LAW
BOOK I - FELONIES

3. If there are at least three (3) mitigating


clrcumstances - in the first two, the penalty AGE EFFECT ON CRIMINAL
is lowered by one degree while the last BRACKET LIABILITY
mitigating circumstance is imposed in
minimum period after being lowered by one Under 15 Exempting circumstance
degree Over 15 Exemptlng drcumstance, if he
under 18 acted without discernment
Not applicable to exempting circumstance of 18 to 70 Full criminal resp_onsibility
accident Mitigating circumstance; no
imposition of death penalty;
Under Art. 12, par. 4, there are four requisites for Over70 execution of death sentence if
the exempting circumstance of accident: (1) a already imposed is suspended
person must be performing a lawful att; (2) such and commuted
must be done with due care; (3) an injury was
caused to another by mere accident; and (4)
Senmtvand its effea
there is no fault or intention of causing such
injury.
Senility, or ·second childhood", is generally used
to describe the state of a person of very old age
If the att was performed with due care, but there with impaired or diminished mental faculties
was fault in causing an injury, the case will fall similar to but not on the level of the early years of
under Article 365, felonies by negligence or
infancy. It can, at most. be only a mitigating
imprudence. The effect would be like a mitigating circumstance, unless the mental deterioration
circumstance since the said article states that the has become a case of senile dementia
penalty will be lower than if the felony was
approximating insanity. in which case it may be
committed intentionally. considered as an exempting circumstance.
If the person is performing a lawful act but has NO INTENTION TO COMMIT SO GRAVE A
the intention to cause an injury. it will be an WRONG (PRAETER INTENTIONEM}
intentional felony, the second and third requisite ART. 13(3), RPC
will no longer apply.

NOTE: There is no incomplete exempting


circumstance of insanity. There is no middle The basis is tThe diminution of intent.
ground between sanity and insanity.
It is necessary that there be a notable and evident
UNDER 18 OR OVER 70 YEARS OLD disproportion between the means employed by
ART. 13(2), RPC the offender compared to that of the resulting
felony. If the resulting felony could be expected
lwi.s. from the means employed, the circumstance of
praeter lntentionem cannot be availed.
Diminution of intelligence - a condition of
voluntariness.
Eactnrs in order to ascertainthe intention
Coveraee 1. The weapon used;
2. The part of the body injured;
Offenders who are: 3. The injury inflicted; and
4. The manner it is inflicted.
I. Over 15 but under 18 years aid who acted
with discernment; and This provision addresses the intention of the
2. Over 70 years old offender at the particular moment when the
offender executes or commits the criminal act
NOTE: It is the age of the accused at the time of and not during the planning stage.
the commission of the crime which should be
determined. GR: Praeter lntentionem is a mitigating
circumstance.
lreeal effecrs ofthe variousare hrackers ofthe
offender with respect to his criminal liability XPNs:

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CRIMINAL LAW

1. Felonies by negligence; accused to commit a wrong and the resulting


2. Employees of brute force; and crime committed.
3. Anit-Hazing law.
The intention of the accused at the time of the
Effect if the victim does not die in crimes commission of the crime is manifested from the
against persons weapon used, the mode of attack employed, and
the injury sustained by the victim. (People v.
The absence of the intent to kill reduces the Buenamer G.R. No. 206227, August 31, 2016)
felony to mere physical injuries. It is not
considered as mitigating. It is only mitigating SUFFICIENT THREAT OR PROVOCATION
when the victim dies. ART. 13(4), RPC

Nnt anoHrahle to felonieshv neelieenre BeauisUes ofsuffifient threat or ornvoratinn


The reason is that in felonies through negligence, 1. Provocation must be sufficient:
the offender acts without intent. The intent in 2. It must originate from the offended party;
intentional felonies is replaced by negligence, and
imprudence, lack of foresight, or lack of skill in 3. It must be immediate to the act.
culpable felonies. Hence, in felonies through
negligence, there is no intent on the part of the �
offender which may be considered as diminished.
(Reyes, 2017) The diminution of intelligence and intent.

Applicable only to offenses resulting to physical Threat need not he offensive and oosWvetv
injuries or material harm. Hence, it cannot be £tl:l2il£
appreciated in cases of defamation or slander.
(Reyes, 2017) Threat should not be offensive and positively
strong because if it was, the threat to inflict real
NOTE: The mitigating circumstance of lack of injury becomes unlawful aggression, which may
intent to commit so grave a wrong as that give rise to self-defense and, thus, no longer a
actually perpetrated cannot be appreciated mitigating circumstance.
where the at-ts employed by the accused were
reasonably sufficient to produce and did actually Provorarinn
produce the death of the victim. (People v. Sales,
G.R. No. 177218, October 3, 2011) Any unjust or improper conduct or act of the
offended party, capable of exciting. inciting. or
Q: Buenamer committed robbery inside a irritating anyone.
passenger FX by threatening to shoot the
passengers if they do not give their wallets "Sufficient threat or provocation as a
and cellphones. Buenamer was successful in mitiaotina Ciccumstoa,e" vis-a-vis ''Threat or
taking the things of the passengers. Tan, one provocation as an element of self-defense•
of the passengers, chased Buenamer who [People v. CA, G.R. No.103613. Feb. 23. 20011
boarded a passenger jeepney in order to
escape. Buenamer boxed Tan when be held on SUFFICIENT
to the handlebar of the jeepney, causing him THREAT OR
THREAT OR
to lose bis grip and fall from the jeepney and PROVOCATION AS
PROVOCATION AS A
thereafter was ran over by the rear tire of AN ELEMENT OF
MITIGATING
said jeepney and died. Buenamer contends DEFENSE
CIRCUMSTANCE
that be should be given the mitigating It pertains to its It pertains to its
circumstance of lack of intent to commit so presence on the part absence on the part of
grave a wrong. Is Buenamer entitled for the of the offended party. the person defending
mitigating circumstance? himself.

A: NO. This mitigating circumstance addresses Sufficiency of threat or provocation depends on:
itself to the intention of the offender at the
particular moment when the offender executes or 1. The act constituting the provocation;
commits the criminal act. This mitigating 2. The social standing of the person provoked;
circumstance is obtaining when there is a notable 3. Time and place the provocation took place
disparity between the means employed by the

UNIVERSITY OF SANTO TOMAS


41 �
FACULTY OF CIVIL LAW
BOOK I - FELONIES

Q: Tomas' mother insulted Petra. Petra kills NOTE: This has reference to the honor of a
Tomas because of the insults. Can Petra avail person. It concerns the good names and
of the mitigating circumstance? reputation of the individual. (11.S. v. Ampar, G.R.
Na. L-12883, November 26, 1917)
A: NO. There is no mitigating circumstance
because it was the mother who insulted her, not Beonisites ofvindicationofa erave offense
Thomas. The liability of the accused is mitigated
only insofar as it concerns the harm inflicted on 1. Grave offense has been done to the one
the person who made the provocation, but not committing the felony, his spouse,
with regard to the other victims who did not ascendants, descendants, legitimate, natural
participate in the provocation. (U.S. v. Malabanan, or adopted brothers or sisters, or relatives by
G.R. No. L-3964, November 26, 1907) affinity within the same degree; and
2. A felony is committed in vindication of such
Beason whx the Jaw ceonires that grave offense.
..ncnxorarion must he immediate to rhe acr ..
(i.e., to the commission of the crime by the "Offense• contemplated
oecson who is oroxokedl
The word offense should not be construed as
If there was an interval of time, the conduct of the equivalent to crime. It is enough that a wrong
offended party could not have excited the doing was committed.
accused to the commission of the crime, he
having had time to regain his reason and to Factors to be considered in determining
exercise self-control. Moreover. the law whether the wrong is grave or not
presupposes that during that interval, whatever
anger or diminished self-control may have I. Age;
emerged from the offender had already vanished 2. Education; and
or diminished. 3. Social status.

As long as the offender at the time he committed Lapse of time allowed between the
the felony was still under the influence of the vindication and the dnine nfthe erave offense
outrage caused by the provocation or threat, he is
acting under a diminished self-control. This is the The word "immediate" in par. 5 is not an accurate
reason why it is mitigating. However, there are translation of the Spanish text which uses the
two criteria that must be taken into term "proxima." A lapse of time is allowed
consideration: between the vindication and the doing of the
grave offense.
1. If there is a material lapse of time and there
is no finding that the effect of the threat or It is enough that:
provocation had prolonged and affected the
offender at the time he committed the crime, 1. The offender committed the crime;
then the criterion to be used is based on time 2. The grave offense was done to him, his
element. spouse, his ascendant or descendant or to his
2. However, if there is that time element and at brother or sister, whether natural, adopted
the same time, there is a finding that at the or legitimate; and
time the offender committed the crime, he is 3. The grave offense is the proximate cause of
still suffering from outrage of the threat or the commission of the crime.
provocation done to him, then, he will still
get the benefit of this mitigating Where four days elapsed from the knowledge of
circumstance. the supposed sexual assault and the attack, there
was sufficient time to regain composure and self·
VINDICATION OF A GRAVE OFFENSE control. Thus, there was no "immediate
ART. 13(5), RPC vindication of a grave offense." (People v.
Rebucan. G.R. 182551,july 27, 2011)

Cira,msrances of snffifient threat or


The dimunition of the conditions of provocation vis-3-vis vindication of a grave
voluntariness. offense

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CRIMINAL LAW

SUFFICIENT The passion or obfuscation should arise from


VINDICATION OF lawful sentiments in order to be mitigating.
THREAT OR
GRAVE OFFENSE
PROVOCATION
It is made directly The grave offense
Bem,isites ofoassinn nc nhfnscatlno
only to the person may be committed
I. There is an act, both unlawful and sufficient
committing the also against the
to produce such a condition of mind; and
felony. offenders' relatives 2. The said act which produced the obfuscation
mentioned by the
was not far removed from the commission of
law.
the crime by a considerable length of time,
The cause that The offended party during which the perpetrator might recover
brought about the must have done a his natural equanimity.
provocation need not grave offense against
be a grave offense. the offender or his Applicable rule when the three mitigating
relatives mentioned
by the law.
ciccnmsrances of sufficient threat nc
It is necessary that The vindication of the
nrnvoratinn Coar 41 vindication ofa erave
wrong (par. 5) and passion or obfuscation
the provocation or grave offense may be
threat immediately proximate, which
Coar 61ace nresent
preceded the act. admits of interval of GR: If the offender is given the benefit of
There must be no time between the paragraph 4, he cannot be given the benefit of
interval of time grave offense paragraph 5 or 6, or vice-versa. Only one of the
between the committed by the three mitigating circumstances should be given
provocation and the offended party and in favor of the offender.
the
commission of the commission of the XPN: If the mitigating circumstances under
crime. crime by the accused. paragraphs 4, 5, and 6 arise from different sets of
facts, they may be appreciated together, although
PASSION OR OBFUSCATION they may have arisen from one and the same
ART. 13(6), RPC case.

Circumstances where oassinn or nhfusrarinn


is notamitieatine circnmsrance
Loss of reasoning and self-control, thereby
diminishing the exercise of his will power. If the act is committed in the spirit of:

Passionor obfusrarion (2013 RABl 1. Lawlessness; or


2. Revenge
Refers to emotional feeling which produces
excitement so powerful as to overcome reason Aooceriatinn of nassion and obfuscation as a
and self-control. It must come from prior unjust mitigating circumstance
or improper acts. The passion and obfuscation
must emanate from legitimate sentiments. It may be appreciated even if the reported acts
causing obfuscation was not true, as long as it
Passion and obfuscation as a mitigating was honestly and reasonably believed by the
circumstance need not be felt only in the seconds accused to be true. (People v. Cuhiting, C.R. No. L·
before the commission of the crime. It may build 2843, May 14, 1951)
up and strengthen over time until it can no longer
be repressed and will ultimately motivate the Passinn/Ohfnscatlon vis-A-vis Pcnvncatlno
commission of the crime. (People v. 0/overio, C.R.
No. 211159, Morch 18, 2015)
PASSION/
PROVOCATION
Elements of nassioo or nhfusrarinn as a OBFUSCATION
mitigating circumstance The effect is the loss of reason and self·
control
I. Accused acted upon an impulse; and It is produced by an The provocation
2. Impulse must be so powerful that it naturally
impulse which may comes from the
produced passion or obfuscation in him. cause rovocation. in·ured a

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43 �
FACULTY OF CIVIL LAW
BOOK I - FELONIES

The offense need not be NOTE: When both are present, they should have
It must
immediate. It is only the effect of two independent mitigating
immediately
required that the circumstances.
precede the
influence thereof lasts
commission of
until the moment the Beonisites nfvolnnracx surrender
the crime.
crime is committed.
I. Offender had not been at1:ually arrested;
Passino /Ohfusrarion vis-A-vis lrcesistlble 2. Surrender was made to a person in authority
� or to the latter's agent; and
3. Surrender was voluntary.
PASSION/ IRRESISTIBLE
OBFUSCATION FORCE Whensurrender is considered as vohmrarv
Mitigating Exempting
circumstance circumstance Surrender is considered voluntary when it is
spontaneous, demonstrating intent to submit
It cannot give rise to
irresistible force himself unconditionally to the person in
It requires authority or his agent, either:
because passion or
physical force.
obfuscation has no
1. Because he acknowledges his guilt; or
h sical force.
2. Because he wishes to save them the trouble
The passion or It must come
from a third and expense necessarily included for his
obfuscation is on the
erson. search and capture.
offender himself.
It must arise from The force used is Whether a warrant of arrest had been issued
lawful sentiments. unlawful. against the offender is immaterial and irrelevant.
The criterion is whether or not the offender had
lnvncarion ofnassinn or obfusvninn gone into hiding or had the opportunity to go into
hiding and the law enforcers do not know of his
As a rule, passion or obfuscation can only be used whereabouts.
as a mitigating circumstance. However, under
Art. 247 (Death or Physical Injuries under GR: There was no voluntary surrender if the
Exceptional Circumstances), it may be used as an warrant of arrest showed that the defendant was,
exempting circumstance_. if an injury is inflic.ted in fact, arrested.
other than serious physical injuries and killing.
XPN: If after committing the crime, the offender
VOLUNTARY SURRENDER AND did not flee and instead woited for the law
CONFESSION OF GUilT enforcers to arrive, and then he surrendered the
ART. 13 (7), RPC weapon he used in killing the victim, voluntary
surrender is mitigating. However, if after
� committing the crime, the offender did not flee
and instead he went with the responding law
The lesser perversity of the offender. enforcers meekly, voluntary surrender is not
applicable.
The offender is willing to accept the
consequences of the wrong he has done which, "Spontaneous"'
thereby, saves the government the effort, time,
and expenses to be incurred in searching for him. It emphasizes the idea of inner impulse acting
without external stimulus. The conduct of the
Miriearioe cica,msrances under this accused, not his intention alone, after the
paragraph commission of the offense determines the
spontaneity of the surrender.
1. Voluntary surrender to a person in authority
or his agents; and Beoniremeot that the accused sncceoder
2. Voluntary confession of guilt before the court prior to the order of arrest
prior to the presentation of evidence for the
prosecution. The law does not require that the accused
surrender prior to the order of arrest. What
matters is the spontaneous surrender of the
accused upon learning that a warrant of arrest

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2021 GOLDEN NOTES
44
CRIMINAL LAW

had been issued against him and that voluntary 2. It was made in open court (that is, before the
surrender is obedience to the order of arrest competent court that is to try the case); and
issued against him. (People v. Yec/o, et of., G.R. No. 3. It was made prfor to the presentation of
L-46612, October 14, 1939) evidence for the prosecution.

Personio authoritv NOTE: Qualified plea/plea of guilty to lesser


offense than that charged is not mitigating. For
He is one directly vested with jurisdittion, voluntary confession to be appreciated, the
whether as an individual or as a member of some confession must not only be made
court or governmental corporation, board, or unconditionally but the accused must admit the
commission. offense charged.

Aeent ofa oecson in authoritv Plea ofeniltv notaooHcahle to au crimes


He is a person who, by direct provision of law. or A plea of guilty is not mitigating in culpable
by election, or by appointment by competent felonies, and in crimes punished by special laws.
authority. is charged with the maintenance of
public order and the protection and security of Q: Upon learning that the police wanted him
life and property and any person who comes to for the killing of Polistico, Jeprox decided to
the aid of persons in authority. visit the police station to make inquiries. On
his way, he met a policeman who immediately
Q: If the accused escapes from the scene of the served upon him the warrant for his arrest.
crime in order to seek advice from a lawyer, During the trial, in the course of the
and the latter ordered him to surrender presentation of the prosecution's evidence,
voluntarily to the authorities, which the Jeprox withdrew his plea of not guilty. Can he
accused followed by surrendering himself to invoke the mitigating circumstances of
the municipal mayor, will his surrender be voluntary surrender and plea of guilty? (1992
considered mitigating? BAR)

A: YES. He fled to the scene of a crime not to A: NO. leprox is not entitled to the mitigating
escape but to seek legal advice. circumstance of voluntary surrender as his going
to the police station is only for the purpose of
Q: Y, while alighting from his vehicle, was hit verification of the news that he is wanted by the
by X with his car. This caused Y to be thrown authorities. In order to be mitigating, surrender
four meters away from his jeepney. X was must be spontaneous and that he acknowledges
charged with Frustrated Murder and his guilt. Neither is plea of guilty a mitigating
convicted in the RTC of Frustrated Homicide. circumstance because it was a qualified plea.
Upon appeal in the CA, the crime was Besides, Art. 13(7) provides that confession of
modified to Reckless Imprudence resulting in guilt must be done before the prosecution had
Serious Physical Injuries. X contends that the started to present evidence.
CA should have appreciated voluntary
surrender as a mitigating circumstance in his NOTE: Where in the original information the
favor. ls X's contention correct? accused pleaded not guilty but he pleaded guilty
to the amended information, it is considered as a
A: NO. The mitigating circumstance of voluntary voluntary plea of guilty and considered a
surrender cannot be appreciated in his favor. mitigating circumstance. (People v. Ortiz, G.R. No
Paragraph 5 of Article 365 of the RPC expressly L-19585, Nov. 29, 1965)
states that in the imposition of the penalties, the
courts shall exercise their sound discretion, PHYSICAL DEFECT
without regard to the rules prescribed in Article ART. 13 8), RPC
64 of the Revised Penal Code. (Mariano v. Peap/e,
G.R. No. 178145,July 7, 2014) .lwis
The diminution of the element of voluntariness.
Requisites of confession of guilt fl 999 BAR)
Phvsical defecr
1. The offender spontaneously confessed his
guilt; A person's physical condition, such as being deaf
and dumb, blind, armless, cripple, or stutterer,

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FACULTY OF CIVIL LAW
BOOK I - FELONIES

whereby his means of action, defense, or consciousness of his acts, it becomes an


communication with others are restricted or exempting circumstance to be classified as
limited. The physical defect that a person may insanity or imbecility.
have must have a relation to the commission of
the crime. NOTE: A polio vittim, in his younger days of
limping while he walks, cannot claim mitigating
circumstance in the crime of oral defamation.

1. The offender is deaf and dumb, blind, or NOTE: Schizophrenic reaction is only mitigating
otherwise suffering from some physical not exempting. Schizophrenic reaction, although
defett; and not exempting because it does not completely
2. Such physical defect restricts his means of deprive the offender of the consciousness of his
action, defense, or communication with his acts, may be considered as a mitigating
fellow beings. circumstance under Article 13(9) of the RPC, e.g.,
as an illness which diminishes the exercise of the
Q: Suppose X is deaf and dumb and he has offender's will-power without, however,
been slandered, he cannot talk so what he did depriving him of the consciousness of his acts.
was he got a piece of wood and struck the (People v. Rafanan, C.R. No. L-54135, November
fellow on the head. X was charged with 21, 1991)
physical injuries. Is X entitled to a mitigating
drcumstance by reason of his physical defect? SIMILAR AND ANALOGOUS CIRCUMSTANCES
ART. 13(10), RPC
A: YES. The Supreme Court held that being a deaf
and dumb is mitigating because the only way to Eu1moles ofaoalneons circnmsraoces
vindicate himself is to use his force because he
cannot strike back by words. 1. The act of the offender of leading the law
enforcers to the place where he buried the
NOTE: The law says that the offender is deaf and instrument of the crime has been considered
dumb, meaning not only deaf but also dumb, or as equivalent to voluntary surrender.
that he is blind, meaning in both eyes, but even if 2. Stealing by a person who is driven to do so
he is only deaf and not dumb, or dumb but not out of extreme poverty is considered as
deaf, or blind only in eye, he is still entitled to a analogous to incomplete state of necessity
mitigating circumstance under this article as long (People v. Macbul, C.R. No. 48976, October 11,
as his physical defects restrict his means of 1943), unless he became impoverished
action, defense, or communication with his because of his own way of living his life, e.g.
fellowmen. he had so many vices.
3. Defendant who is 60 years old with failing
NOTE: The law does not distinguish between eyesight is similar to a case of a person over
educated and uneducated deaf-mute or blind 70 years of age. (People v. Reantillo and Ruiz,
persons. The Code considers them as being on C.A. C.R. No. 301,july 27, 1938)
equal footing. (Reyes, 2017) 4. Impulse of jealous feeling, similar to passion
and obfuscation.
ILLNESS OF THE OFFENDER 5. Voluntary restitution of property, similar to
ART. 13(9), RPC voluntary surrender.
6. Outraged feeling of the owner of animal
taken for ransom is analogous to vindication
of grave offense.
Diminution of intelligence and intent. 7. Esprit de corps is similar to passion and
obfuscation.
Requisites 8. Wartime state of confusion resulting in
illegal possession of firearm after the
1. Illness of the offender must diminish the liberation (People v. Quemuel, 76 Phil 135), as
exercise of will power; and being similar to lack of intent to commit so
2. Such illness should not deprive the offender grave a wrong.
of consciousness of his acts. 9. Testifying for the prosecution without being
discharged from the information (People v.
If the illness not only diminishes the exercise of Narvasca, et al., C.R. No. L-28107, March 15,
the offender's will power but deprives him of the 1977), as being like a plea of guilty.

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CRIMINAL LAW

10. Acting out of embarrassment and fear caused They are based on the greater perversity of the
by the victim because of gambling debts of offender manifested in the commission of the
the accused (People v. Ong, et al., G.R. No. L- felony as shown by:
34497, January 30, 1975), as akin to passion
or obfuscation. 1. The motivating power itself;
11. Retaliating for having been assaulted during 2. The place of commission;
a public dance where the accused was well 3. The means and ways employed;
known and respected (People v. Libria, 95 4. The time; and
Phil. 398), as similar to vindication. 5. The personal circumstances of the offender
12. When the petitioner submits extrajudicial or the offended party
confession through the handwritten letter
coupled with her act of surrendering the Kinds of aeecavatine ciccumsrances Cl999
redeemed pawn tickets and thereafter going BaW.
to the police station (Frontreras v. People,
G.R. No. 190583, December 7, 2015], as an 1.. Generic - those that can generally appy to
analogous circumstance of voluntary almost all crimes.
surrender.
Examples:
S'ienificance ofthis naraeranb a. Taking advantage of public position
b. Contempt or insult to public authorities
The significance is that even though a particular c. Dwelling
circumstance does not fall under any of the d. Abuse of confidence or obvious
enumerated circumstances in Art. 13, the court is ungratefulness
authorized to consider in favor of the accused e. Palace and places of commission of
"any other circumstance of a similar nature and offenses
analogous to those mentioned." f. Nighttime, uninhabited place, or band
g. Recidivism
In the Jori/lo case, the SC ruled that an abandoned h. Re;teradon
wife, who remained and found guilty of Bigamy, i. Craft. fraud, or disguise
is entitled to a mitigating circumstance of "for j. Unlawful entry
humanitarian reason" as her marriage with the k. Breaking ,vall
complainant was later on declared null and void. I. Aid of minor or by means of motor
(G.R. No.164435, September 29, 2009) vehicle

Circumstances which are neither exempting 2. Specific - those that apply only to particular
normifiearioe crimes

1. Mistake in the blow or aberratio ictus; Examples:


2. Entrapment; a. Cruelty in crimes against persons (Art
3. Accused is over 18 years of age; and 14, RPC)
4. Performance of righteous action. b. Treachery in crimes against persons
(Art. 14, RPC)
AGGRAVATING CIRCUMSTANCES c. The victim is the offender's parents,
ART. 14, RPC ascendants, guardians, curators,
teachers, or persons in authority, in less
Aercavatlne cirn,mstances serious physical injures (Art. 265, par. 3,
RPC)
Those which, if attendant in the commission of d. Unlicensed firearms in robbery in band
the crime: (Art. 296, RPC)
e. Abuse of authority or confidential
1. Serve to increase the penalty without, relations by guardians or curators in
however. exceeding the maximum of the seduction, rape, acts of lasciviousness,
penalty provided by law for the offense; or white slavery and corruption of minors
2. Change the nature of the crime. (Art. 346, RPC)
f. Positive finding in the use of dangerous
drugs for crimes punishable under R.A.
9165 (Dela Cruz v. People, GR 200748,
July 23, 2014)

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BOOK I - FELONIES

3. Qualifying - those that change the nature of


GENERIC QUALIFYING
the crime.
AGGRAVATING AGGRAVATING
CIRCUMSTANCES CIRCUMSTANCES
Examples:
a. By means of poison Affects only the Affects the nature of
b. With the aid of armed men imposition of the the crime or brings
c. Treachery, in killing persons penalty prescribed, about a penalty higher
d. Grave abuse of confidence which makes but not the nature of in degree than that
stealing as qualified theft the crime committed. ordinarily prescribed.
Can be offset by an GR: Cannot be offset
4. Inherent - those that must of necessity ordinary mitigating by any mitigating
accompany the commission of the crime. circumstance. circumstances.

Examples: XPN: Privileged


a. Abuse of public office in bribery; mitigating
b. Breaking of a wall or unlawful entry into circumstances
a house in robbery with the use of force Both must be alleged in the information in
upon things; order to be annreciated.
c. Fraud in estafa;
d. Deceit in simple seduction; When there is more than one qualifying
e. Ignominy in rape; aggravating circumstance present, one of them
f. Evident premeditation in robbery and will be appreciated as qualifying aggravating
estafa; while the others will be considered as generic
g. Disregard of respect due the offended aggravating.
party on account of rank in direct
assault; Cira,msrances which aeeravate criminal
h. Superior strength in treason; and liahilirv
i. Cruelty in mutilation.
I. Advantage taken of public position;
5. Special - those that cannot be offset by an 2. Contempt or insult to public authorities;
ordinary mitigating circumstance and has the 3. Disregard of age, sex, or dwelling of the
result of imposing the penalty in the offended party; (1996, 2009 BAR)
maximum period. 4. Abuse of confidence and obvious
ungratefulness;
Examples: 5. Palace and places of commission of offense;
a. Quasi-recidivism (Art.160,RPC); 6. Nighttime, uninhabited place or band;
b. Complex crime (Art. 48, RPC); (1994, 1997, 2009 BAR)
c. Taking advantage of public position and 7. On occasion of calamity or misfortune;
membership in an organized or 8. Aid of armed men. or persons who insure or
syndicated crime group (Art 62, par. l{a afford impunity;
,RPC) 9. Recidivist ; (1993, 2009, 2014 BAR)
d. The use of a loose firearm when inherent 10. Relteraclon;
in the commission of a crime (Sec. 29� 11. Price, reward, or promise;
R.A.10591) 12. By means of inundation, fire, poison,
e. Organized or syndicated crime group explosion, stranding of a vessel or intentional
(Art 62, RPC) damage thereto, derailment of a locomotive,
or by the use of any other artifice involving
NOTE: Under Sec. 8 and 9, Rule 110 of the great waste or ruin.;
Revised Rules of Criminal Procedure, aggravating 13. Evident premeditation; (1991, 2009 BAR)
circumstances must be alleged in the information 14. Craft, fraud or disguise; (1995 BAR)
or complaint; otherwise, they cannot be properly 15. Superior strength or means to weaken the
appreciated. defense;
16. Treachery;
Generic aggravating vis-3-vis Qualifying 17. Ignominy;
riro,mstanres 18. Unlawful entry;
19. Breaking wall;
20. Aid of minor or by means of motor vehicle or
other similar means; and

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2021GOLPEN NOTES
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CRIMINAL LAW

21. Cruelty.(1994BAR) constituting the circumstance. (Art 62, por. 4,


RPC)
Position and staodioe of rhe accused
considered as aeeravatine TAKING ADVANTAGE OF PUBLIC POSITION
ART. 14 (1), RPC
Where a person found guilty of violation of
Gambling law is a man of station or standing in
the community, the maximum penalty should be
imposed. (U.S. v. Sa/averia, G.R. No. L-13678, The greater perversity of the offender, as shown
November 12, 1918) by the means:

Aercavatlne cica,msrances which do not have 1. Of personal circumstance of the offender; and
the effecr ofincreaSine the oenaltv 2. Used to secure the commission of the crime.

1. Those circumstances which, in themselves, Takioe advaotaee ofonhliC nnsitloo


constitute a crime especially punishable by
law (Art 62(1], RPCJ; The public officer:
2. Those circumstances included by law in
defining a crime and prescribing penalty (Art 1. Abused his public position; or
62(1], RPC); and 2. At least. the use of the same facilitated the
3. Those circumstances inherent in the crime to commission of the offense.
such a degree that it must of necessity
accompany the commission thereof. (Art NOTE: To be applicable, the public officer must
62(2], RPC) have used his:

Aercavatine cira,msrances which are 1. Influence;


nersnnalmthe offendecs 2. Prestige; or
3. Ascendancy.
Aggravating circumstances which arise from:
NOTE: There is no abuse of public position when
1. The moral attributes of the offender; the offender could have perpetuated the crime
2. His private relations with the offended party; even without occupying his position.
and
3. Any other personal cause. Iakioe advanraee o f nnhlif nnsitioo is a
special aggravating circumstance
Aonreciation of necsonal aeeravatine
Circnmstances When in the commission of the crime, advantage
was taken by the offender of his public position,
It shall only serve to aggravate the liability of the penalty to be imposed shall be in its
those persons as to whom such circumstances maximum regardless of mitigating
are attendant. (Art 62, por. 3, RPC) circumstances. (Art 62, RPC os amended by R.A.
76S9)
Aooreciation of an aeeravatine rirc11msrance
if there are several accused When taking advantage of public position not
considered as an aggravating circumstance
GR: The circumstances which serve to aggravate
or mitigate the liability of those persons only who This circumstance is not applicable in offenses
had knowledge of them at the time of the where taking advantage of official position is
execution of the act or their cooperation therein made by law an integral element of the crime,
are those which consist in the: such as in malversation or in falsification of
document committed by public officers.
1. Material execution of the act; or
2. Means employed to accomplish it. CONTEMPT OR INSULT
TO PUBLIC AUTHORITIES
XPN: When there is proof of conspiracy, in which ART. 14 (2), RPC
case the att of one is deemed to be the act of all,
regardless of lack of knowledge of the facts !!l!ll!

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FACULTY OF CIVIL LAW
BOOK I - FELONIES

The greater perversity of the offender, as shown Ways of committing the aggravating
by his lack of respect for the public authorities. Circumstance underthis oacaeranb
Requisites of contempt or insult to public The act must be committed:
authoritiesas an aeeravatineCircnmsrance
1. With insult or in disregard of the respect due
1. That the public authority is engaged in the to the offended party on account of his:
exercise of his functions;
2. Such authority is not the person against whom a. Rank
the crime is committed; b. Age
3. Offender knows him to be a public authority; c. Sex
and
4. His presence has not prevented the offender 2. In the dwelling of the offended party, if the
from committing the crime. latter has not given sufficient provocation.

Public authority NOTE: Disregard of rank, age, or sex is essentially


applicable only to crimes against honor or
Public authority, also called a "person in persons. They are NOT taken into account in
authority", is a public officer directly vested with crimes against property. They do not apply to the
jurisdiction, whether as an individual or as a special complex crime of robbery with homicide
member of some court or governmental which is classified as crime against property. (U.S.
corporation, board, or commission, shall be v. Samonte, 8 Phil. 286, August 3, 1907)
deemed a person in authority. A barrio captain
and a barangay chairman shall also be deemed a NOTE: Disregard of rank, age, or sex cannot co­
person in authority. (Art 152, as amended by P.D. exist with passion or obfuscation.
Na.1232)
':With insult or in disceeacd"
NOTE: Teachers, professors, and persons
charged with the supervision of public or duly In the commission of the crime, the accused
recognized private schools, colleges and de/iberate/y intended to offend or insult the sex or
universities, and lawyers in the actual age of the offended party.
performance of their professional duties or on
the occasion of such performance, are persons in BaDli
authority an/y for purposes of dirett assault
and simple resistance. It refers to official, civil, or social position or
standing. It is the designation or title of
Necessitv that the offender bas knowledee distinction used to fix the relative position of the
that the public authority is present offended party in reference to others. There must
be a difference in the social condition of the
Knowledge that a public authority is present is offender and the offended party.
essential. Lack of such knowledge indicates lack
of intention to insult the public authority.

DISREGARD OF RANK, SEX, AGE OR DWELLING Age applies in cases where the vittim is of tender
ART. 14 (3), RPC age or is of old age.

Par. 3 provides for four (4) aggravating The circumstance of lack of respect due to age
circumstances which, if present in the same case, applies in cases where the victim is of tender age
should be considered independently of each as well as of old age.
other and numerically reckoned accordingly.
(People v. Santos, et al., G.R. No. L-4189, May 21, The circumstance of old age cannot be
1952) considered aggravating in the absence of
evidence that the accused deliberately intended
to offend or insult the age of the vittim. (People v.
Diaz. L-24002,January 21, 1974)
The greater perversity of the offender, as shown
by the personal circumstances of the offended
party and the place of commission.

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50
CRIMINAL LAW

Sex refers to the female sex. not to the male sex. aggravating; however, if one of the dwellers
therein becomes a paramour, the applicable
Disregard for sex is not aggravating in the aggravating circumstance is abuse of
absence of evidence that the accused deliberately confidence;
intended to offend or insult the sex of the victim 3. In the crime of robbery by use of force upon
or showed manifest disrespect to her things;
womanhood. 4. In the crime of trespass to dwelling; and
5. The victim is not a dweller of the house.
What if all fnnraeeravarioe rica,msrances are
present? NOTE: Dwelling is not absorbed or included in
treachery.
They have the weight of one aggravating
circumstance only. (Reyes, 2017) Provocation in the aeeravatine ciro,msrance
of dwelling
When aeeravatioe circnmsrance of diSreeacd
of rank aee or sex not considered for the The provocation must be:
purpose of increasing penalty
1. Given by the owner or occupant of the
1. When the offender acted with passion or dwelling;
obfuscation (All three circumstances); 2. Sufficient; and
2. When there exists a relationship between the 3. Immediate to the commission of the crime.
offended party and the offender; or
3. When the condition of being a woman is NOTE: If all of these are present, the offended
indispensable in the commission of the crime party is deemed to have given provocation and
(e.g. parricide, rape, abduction and seduction). the fact that the crime is committed in the
dwelling of the offended party is NOT an
Pwemoe aggravating circumstance.

A building or structure exclusively used for rest ABUSE OF CONFIDENCE OR


or comfort, which includes temporary dwelling, OBVIOUS UNGRATEFULNESS
dependencies, foot of the staircase, and enclosure ART. 14 (4), RPC
of the house. It does not necessarily refer to the
permanent residence or domicile of the offended
party or that he must be the owner thereof. He
must, however, be actually living or dwelling The greater perversity of the offender, as shown
therein even for a temporary duration or by the means and ways employed.
purpose.
NOTE: These are two separate aggravating
It is not necessary that the accused should have circumstances under Art 14(4):
actually entered the dwelling of the vittim to 1. Abuse of confidence
commit the offense. It is enough that the victim 2. Obvious ungratefulness
was attacked inside his own house, although the
assailant may have devised means to perpetrate
the assault, e.g. triggerman fired the shot from Abuse of confidence
outside the house;while his victim was inside.
This circumstance exists only when the offended
Even if the person attacked is only a welcomed party has trusted the offender who later abuses
guest of the owner of the dwelling, as long as such trust by committing the crime.
neither he nor the owner gave no provocation,
there is an aggravating circumstance of dwelling. Bem,isUes ofabuse of confidence

Instances when dwellineisnntaeecavatine 1. The offended party had trusted the offender;
2. The offender abused such trust by
1. When the owner of the dwelling gave committing a crime against the offended
sufficient and immediate provocation; party; and
2. When the offender and the offended party are 3. The abuse of confidence facilitated the
occupants of the same house except in case of commission of the crime
adultery in the conjugal dwelling, the same is

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51 �
FACULTY OF CIVIL LAW
BOOK I - FELONIES

Nature of confidence necessary under this circumstance is absorbed in the nature of the
rircumsrance crime. (People v. Perez, 57 O.G. 1598)

The confidence between the parties must be The Chief Executive need not be engaged in
immediate and personal, as would give the his official fugcriogs
accused the advantage or make it easier for him
to commit the crime. The confidence must be a It is NOT necessary that the Chief Executive is
means of facilitating the commission of a crime. engaged in his official functions. The presence of
the Chief Executive alone in any place where the
Instances when abuse of confidence is not crime is committed is enough to constitute the
considered as an aeeravarinecica,msrance aggravating circumstance, but the offender must
be aware of the presence of the President.
1. Malversation (Art. 217, RPC);
2. Qualified Theft (Art 310, RPC); Necessitv of onhlic authorities tnhe eggaged
3. Est.a/a by conversion or misappropriation in the discharee nftheir duties
(Art 315, RPC); and
4. Qualified Seduction (Art 337, RPC) Public authorities must actually be engaged in
the discharge of their duties, there must be some
Reason: Abuse of confidence is inherent in the performance of public functions.
abovementioned crimes; hence, they are not
considered as an aggravating circumstance. Committed jg the oalace of the Chief
Executive vis-A-vis Commjtted in contempt of
Requisites of obvious ungratefulness public authorities

1. That the offended party had trusted the COMMITTED IN


COMMITTED IN THE
offender; CONTEMPT OF
PALACE OF THE CHIEF
2. Abused such trust by committing a crime PUBLIC
EXECUTIVE
against the offended party; and AUTHORITIES
Art. 14, par. 5
3. That the act be committed with obvious Art. 14, ar. 2
ungratefulness. Insult to public
Places of commission
authorities
NOTE: The ungratefulness must be of such clear Public duty is Public duty is
and manifest ingratitude on the part of the performed in their performed outside
accused. Office their Office
The offended party may Public authority
PALACE AND PLACES OF COMMISSION or may not be the public should not be the
OF THE OFFENSE authoritv offended n>rtv
ART. 14 (SJ, RPC In both, public authorities are in the
performance of their duties.

Crimes committed jg the Ma!acaflage oa!ace


The greater perversity of the offender, as shown or church are alwavs aeeravatige
by the place of the commission of the crime,
which must be respected. This is true regardless of whether State or Official
or Religious Functions are being held.
Places nfrommiS-Sion of offenses
Place dedicated to reHeionsworshia
1. In the palace of the Chief Executive;
2. In his presence; The place must be permanently dedicated to
3. Where public authorities are engaged in the public religious worship.
discharge of their duties; or
4. In a place dedicated to religious worship. Places NOT considered as dedicated tn
NOTE: The place where public authorities are
celieinns worshio
discharging their duties is not aggravating in 1. Private chapels
direct assault on a person then engaged in the 2. Cemeteries
performance of judicial duties because the

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2021 GOLDEN NOTES
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CRIMINAL LAW

NOTE: To be considered aggravating, the accused 4191, July 18, 1908), the aggravating
must have purposely sought the place for the circumstance of nighttime was not applied.
commission of the crime and that he committed it
there notwithstanding the respect to which it NOTE: Even if the offender sought nighttime, the
was entitled, and not where it was only an moment the scene of the crime has been
accidental or incidental circumstance. (People v. illuminated by any light, nighttime will not be
Jaurigue, eta/., C.A. No. 384, February 21, 1946) considered as an aggravating circumstance.

NIGHTTIME, UNINHABITED Reasons whv niehttime is considered


PLACE, OR BY A BAND aggravating
ART. 14 (6), RPC
1. During nighttime, recognition of the accused
Considecarinn of the cico,msraoces is more difficult.
2. Harder for the victim to defend himself.
These circumstances should be considered 3. Nighttime provides security for the accused.
separately. 4. Mere presence of darkness gives others
anxiety or fear.
Insrances when niehttime uoinbahited olace
or hand is considered aeecavatlne Buie in the aooreciatinn of niehttime and
treachery in the commjssion of a crime
1. It facilitated the commission of the crime;
2. It is especially sought for by the offender to GR: Nighttime is absorbed in treachery
ensure the commission of the crime; and
XPN: Where both the treacherous mode of attack
NOTE: "Especially sought" means that the and nocturnity were deliberately decided upon,
offender sought it in order to realize the crime they can be considered separately if such
with more ease. circumstances have different factual bases.

3. The offender took advantage thereof for the Uninhabited olace


purpose of impunity.
It is where there are no houses at all, a place at a
"Impunity" means to prevent the offender considerable distance from town or where the
from being recognized or to secure himself houses are scattered at a great distance from
against detection and punishment. each other. It is not determined by the distance of
the nearest house to the scene of the crime but
"Took advantage" means that the accused whether or not in the place of the commission of
availed himself thereof for the successful the offense there was a reasonable possibility of
consummation of his plans. the victim receiving some help.

Niehttime tnsrances whP.n uninhabited olace iS


aggravating
Nighttime or nocturnity is a period from after
sunset to sunrise, from dusk to dawn. It is To be aggravating, it is necessary that the
necessary that the commission of the crime was offender took advantage of the place and
commenced and completed at nighttime. purposely availed of it as to make it easier to
commit the crime.
Darkness of the night makes nighttime an
aggravating circumstance. Hence, when the place The offender must choose the place as an aid
of the crime is illuminated or sufficiently lighted, either:
nighttime is not aggravating. It is also necessary
that the commission of the crime was begun and 1. To an easy and uninterrupted
completed at nighttime. Hence, where the series accomplishment of their criminal designs; or
of acts necessary for its commission was begun at 2. To insure concealment of the offense.
daytime and was completed that night (People v.
Luchico, C.R. No. 26170, December 6, 1926), or l!a.wl.
was begun at night and consummated the
following day ( U.S. v. Dowdell, Jr., et al., C.R. No.

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53 �
FACULTY OF CIVIL LAW
BOOK I - FELONIES

It means that there are at least four armed 1. The crime is committed on the occasion of a
malefactors acting together in the commission of conflagration, shipwreck, earthquake,
the offense. epidemic, or other; and
2. The offender takes advantage of it.
NOTE: All must be armed; otherwise, the
aggravating circumstance under Art. 14(8) shall "Calamity or misfomme"
apply.
Refers to other conditions of distress similar to
The RPC does not require any particular arms or the enumeration preceded by it.
weapons. Hence, any instrument or implement
which, by reason of intrinsic nature or the AID OF ARMED MEN
purpose for which it was made or used by the ART. 14 (8), RPC
accused, is capable of inflicting serious injuries.
When circumstance is present
NOTE: If the group of two or more persons falls
under the definition of an organized or When the crime to which it is attached to is
syndicated crime group under Art. 62, it is a committed with the aid of:
special aggravating circumstance
1. Armed men; or
Applicability of band as an aggravating 2. Persons who insure or afford impunity.
riccumsrance
Beonisites
1. The aggravating circumstance of by a band is
considered in crimes against property or 1. That armed men or persons took part in the
against persons including the crime of illegal commission of the crime, directly or
detention or treason. indirectly; and
2. That the accused availed himself of their aid
NOTE: This aggravating circumstance is not or relied upon them when the crime is
applicable in crimes against chastity. committed.

2. Inherent in bridandage (not considered as an NOTE: Arms is not limited to firearms. Bolos,
aggravating circumstance). knives, sticks, and stones are included. Aid of
3. Abuse of superior strength and use of armed men includes armed women.
firearms, absorbed in aggravating
circumstance of·by a band". Cira,msrances when aid of armed men is not
4. All armed men must take a dirett part in the considered as anaeecavatlne rica,msrance
execution of the act constituting the crime.
1. When both the attacking party and the party
NOTE: If one of the four armed persons is a attacked were equally armed;
principal by inducement, they do not form a 2. When the accused as well as those who
band. cooperated with him in the commission of
the crime acted under the same plan and for
ON OCCASION OF CONFLAGRATION, the same purpose; and
SHIPWRECK, EARTHQUAKE, EPIDEMIC OR 3. The casual presence of the armed men near
OTHER CALAMITY OR MISFORTUNE the place where the crime was committed
ART. 14 (7), RPC when the accused did not avail himself of
their aid or relied upon them to commit the
crime.

The time of the commission of the crime. The Q: What aggravating drcumstance will be
reason is the debased form of criminality met in considered if there are four armed men?
one who, in the midst of a great calamity, instead
of lending aid to the affiitted, adds to their A: If there are four armed men, aid of armed men
suffering by taking advantage of their misfortune. is absorbed in employment of a band. If there are
three armed men or less, aid of armed men may
When considered as an aeeravatine be the aggravating circumstance.
circumstance
Crime committed hv a hand vis-a-vis Crime
committed wilh theaid ofarmed men

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It is employed in its generic sense, including the


WITH THE AID OF rendition of judgment. It is meant to include
BY BAND
ARMED MEN everything that is done in the course of the trial -
Par. 6, RPC
Par. 8, RPC from arraignment until after sentence is
announced by the judge in open court.
Requires more
At least two armed
than three armed Q: Suppose the first offense in 1975 was
malefactors
malefactors homicide, then the second offense in 2004
At least four was murder. Can aggravating circumstance of
This circumstance is
malefactors shall recidivism be appreciated?
present even if one of the
have acted
offenders merely relied
together in the A: YES. Homicide and murder are crimes both
on their aid, actual aid is
commission of an under crimes against persons. Hence, both crimes
not necessary
offense are embraced in the same title of the RPC.
Band members Armed men are mere
are all principals accomplices Necessirv nfconvicrioo to come in the order in
which thev are convicred
RECIDIVISM
ART. 14 (9), RPC There is no recidivism if the subsequent
conviction is for an offense committed prior to
Recidivist the offense involved in the previous conviction.

One who, at the time of his trial for one crime, Example: The accused was convicted of robbery
shall have been previously convicted by final with homicide which was committed on
judgment of another crime embraced in the same December 23, 1947. He was previous/y convicted
title of the Revised Penal Code. of theft committed on December 30, 1947.

&.!!.2 NOTE: If both offenses were committed on the


same date, they shall be considered as only one;
The law considers this aggravating circumstance hence, they cannot be separately counted in
because when a person has been committing order to constitute recidivism. Moreover.
felonies embraced in the same title, the judgments of conviction handed down on the
implication is that he is specializing on such kind same day shall be considered as only one
of crime and the law wants to prevent any conviction.
speciaJiz.ation.
Effect ofnardoo to recidivism
Requisites
GR: Pardon does not obliterate recidivism� even if
1. That the offender is on trial for an offense; it is absolute because it only excuses the service
2. He was previously convicted by final of the penalty, not the conviction.
judgment of another crime;
3. Both the first and second offense are XPN: If the offender had already served out his
embraced in the same title of the RPC; and sentence and was subsequently extended pardon.
4. Offender is convitted of the new offense.
NOTE: If the President extends pardon to
Effect of recidivism in the application of someone who already served out the principal
nenalties penalty, there is a presumed intention to remove
recidivism.
GR: Being an ordinary aggravating circumstance,
recidivism affects only the periods of a penalty. Effecr nfamnesrvrnrecidivism
XPN: In prostitution (Art 202, as amended by R.A Amnesty extinguishes the penalty and its effects;
10158), and gambling, (P.O. 1602, which repealed thus, it obliterates recidivism.
Art 192 af the Cade) wherein recidivism
increases the penalties by degrees. Recidivism not subject to prescription

"At the time ofbistrial toe one crime" No matter how long ago the offender was
convicted, if he is subsequently convicted of a

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crime embraced in the same title of the RPC, it is a. principal by inducement


taken into account as aggravating in imposing the b. principal by direct participation; and
penalty. (People v. Co/ocar, G.R. No. 40871,
November 10, 1934) 2. The price, reward, or promise should be
before and in consideration of the
REITERACION commission of the criminal act.
ART. 14 (10), RPC
NOTE: The price, reward, or promise need not
consist of or refer to material things, or that the
same were actually delivered, it being sufficient
The greater perversity of the offender as shown that the offer made by the principal by
by his inclination to commit crimes. inducement be accepted by the principal by
direct participation before the commission of the
offense.

1. That the accused is on trial for an offense; Aooreciarion ofthiscira,msrance


2. That he previously served his sentence for
another crime to which the law attaches an It is appreciated against both the principal by
equal or greater penalty. or for two or more inducement and principal by direct participation.
crimes to which it attaches lighter penalty
than that for the new offense; and Effecr on criminal liability of the one eivine
3. That he is convitted of the new offense. the offer
NOTE: It is the penalty attached to the offense, This aggravating circumstance affects or
not the penalty actually imposed that is attually aggravates not only the criminal liability of the
considered. receiver of the price, reward, or promise but also
the criminal liability of the one giving the offer.
Beirecacion vis-a-visBecidivJsm
To consider this circumstance, the price, reward,
REITERACION RECIDIVISM or promise must be the primary reason or the
It is necessary that the It is enough that a primordial motive for the commission of the
offender shall have final judgment has crime.
served out his been rendered in
sentence for his first the first offense. Illustration: If A approached B and asked the
offense. latter what he thought of X and B answered '"he is
Previous and Offenses should be a bad man• to which A retorted, ··you see I am
subsequent offenses included in the same going to kill him this afternoon•. And so, B told
must not be embraced title of the RPC. him, "if you do that I'll give you PS,000.00" and
in the same title of the after killing X, A again approached B, told him he
RPC. had already killed X, and B in compliance with his
Not always an Always to be taken promise, delivered the PS,000. In this case, the
aggravating into consideration aggravating circumstance is not present.
circumstance. in fixing the penalty
to be imposed upon BY MEANS OF INUNDATION, FIRE,
the accused. EXPLOSION, POSION, ETC.
AJRT. 14 (12), RPC
IN CONSIDERATION OF A PRICE
REWARD OR PROMISE .lwis.
ART. 14 (11), RPC
The means and ways employed.

Aggravating circumstance s under this


The greater perversity of the offender, as shown naraeranh
by the motivating power itself.
If the crime be committed by means of:
Beonisites
1. Inundation;
1. There are at least two principals: 2. Fire;

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3. Explosion; to allow his conscience to overcome the


4. Poison; resolution of his will.
5. Stranding of the vessel or intentional damage
thereto; Beason COc ceonicine sufficient rime
6. Derailment of locomotive; or
7. By use of any other artifice involving great The offender must have an opportunity to coolly
waste and ruin. and serenely think and deliberate on the meaning
and the consequences of what he planned to do,
NOTE: Any of these circumstances cannot be an interval long enough for his conscience and
considered to increase the penalty or to change better judgment to overcome his evil desire.
the nature of the offense, unless used by the
offender as means to accomplish a criminal NOTE: Evident premeditation is absorbed in
purpose. treachery.

It is also not aggravating when the law in defining Q: Samuel and his wife, Marissa, were talking
the crime includes them (e.g. Fire is not at the doorway of their house when they saw
aggravating in the crime of arson). Ordona loitering by the corner of their house
who appeared to be waiting for someone.
Rules as to the use office After some time, Ordona left but returned live
(5) minutes later. Meanwhile, Hubay emerged
1. Intent was only to bum but somebody died - from the house, holding some food. Ordona
The crime is arson, the penalty is higher approached Hubay with a stainless knife,
because somebody died. called his attention by saying "Pare; and
2. Iffire was used as means ta kill - the crime is suddenly stabbed him in the left shoulder.
murder not arson and fire cannot be Hubay managed to run away but Ordona gave
appreciated as aggravating circumstance. chase and eventually caught up with him.
3. There was an intention ta kill and fire was Ordona stabbed him in the left torso. Hubay
used to conceal the crime- there are two immediately died when he was brought to the
separate crimes: arson and murder. hospital. Was the killing attended with the
qualifying circumstance of evident
EVIDENT PREMEDITATION premeditation?
ART. 14 (13), RPC
A: NO. The killing was not attended with the
qualifying circumstance of evident
premeditation. It is indispensable for the
The ways of committing the crime. prosecution to establish "how and when the plan
to kill was hatched or how much time had
Essence elapsed before it was carried out." It must be
based on external facts which are evident. not
The execution of the criminal ac.t must be merely suspected, which indicate deliberate
preceded by cool thought and upon renection to planning.
carry out the criminal intent during the space of
time sufficient to arrive at a calm judgment. There must be direct evidence showing a plan or
preparation to kill, or proof that the accused
NOTE: Evident premeditation is appreciated only meditated and reHetted upon his decision to kill
in crimes against persons. the victim. Criminal intent must be evidenced by
notorious outward acts evidencing a
Requisites determination to commit the crime. In order to
be considered an aggravation of the offense, the
1. Determination - the time when the offender circumstance must not merely be
determined to commit the crime; '"premeditation" but must be "evident
2. Preparation - an att manifestly indicating premeditation." The date and, if possible, the
that the culprit has clung to his time when the malefac.tor determined to commit
determination; and the crime is essential, because the lapse of time
3. Time - a sufficient lapse of time between the for the purpose of the third requisite is computed
determination and execution, to allow him to from such date and time. (People v. Ordona, G.R.
reHect upon the consequences of his act and No. 227863, September 20, 2017, as penned by J.
Leonen)

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Appreciation of evident premeditation in as means, methods, or forms for the treacherous


ecrorinoersoaoeand abercalio iccus strategy, or they may co-exist independently
where they are adopted for a different purpose in
GR: Evident premeditation is not appreciated in the commission of the crime.
error ;n personae and aberratlo lctus.

NOTE: However, it is not necessary to have the


intent to kill a particular person. Resorting to any device to conceal identity.

XPNs: NOTE: The test of disguise is whether the device


or contrivance, or even the assumed name
1. When there is no particular intended victim resorted to by the offender was intended to make
or particular person to kill; and identification more difficult.
2. Where the victim belonged to the same class
or family designated by the accused. Necessitv ofthe taa that the acn,sed was able
to hide his identity all throughout the
Consniracxoresnnnnses ncemedirarinn rnmmissinn ofrhe crime
GR: Conspiracy generally denotes premeditation. It is NOT necessary that the accused be able to
hide his identity all throughout the commission
XPN: In implied conspiracy, evident of the crime. The accused must be able to hide his
premeditation may not be appreciated, in the identity during the initial stage if not all
absence of proof as to how and when the plan to throughout the commission of the crime and his
kill the victim was hatched or what time had identity must have been discovered only later on
elapsed before it was carried out. to consider this aggravating circumstance.

CRAFT, FRAUD, OR DISGUISE Test in orderrodetermineifdiSeuise exists


ART. 14 (14), RPC
Whether the device or contrivance resorted to by
Aoncedation ofrhiscircnmsrance the offender was intended to or did make
identification more difficult, such as the use of a
To be appreciated, these circumstances must mask or false hair or beard. If in spite of the
have facilitated or be taken advantage of by the disguise, the offender was recognized, disguise
offender in the commission of a crime. cannot be appreciated as an aggravating
circumstance.
NOTE: According to Justice Regalado, the tine
distinctions between craft and fraud would not Craft vis-A-visFraud vis-ta-vis PiSm1ise
really be called for as these terms in Art. 14 are
variants of means employed to deceive the victim CRAFT FRAUD DISGUISE
and if all are present in the same case. Hence,
Involves the Involves the Involves the
they shall be applied as a single aggravating
use of use of direc.t use of devise
circumstance. to
intellectual inducement by conceal
trickery and insidious identity
cunning not words or
to arouse the machinations
Involves intellectual trickery and cunning on the
suspicion of
part of the accused in order not to arouse the
the victim
suspicion of the victim.
ABUSE OF SUPERIOR STRENGTH OR MEANS
f.!:l!.!!.!! EMPLOYED TO WEAKEN THE DEFENSE
Refers to the insidious words or machinations ART. 14 (15), RPC
used to induce the victim to ac.t in a manner
which enables the offender to carry out his Abuse nfsunecinc streneth
design.
It is the use of purposely excessive force out of
proportion to the means of defense available to
NOTE: Craft and fraud may be absorbed in the person attacked
treachery if they have been deliberately adopted

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Bem,isites A: NO, Espineli is guilty only of the crime of


homicide in view of the prosecution's failure to
1. That there be notorious inequality of forces prove any of the alleged attendant circumstances
between the offender and the offended party of abuse of superior strength and nighttime. The
in terms of their age, size, and strength; and circumstance of abuse of superior strength is
2. That the offender took advantage of this present whenever there is inequaJity of forces
inequality of forces to facilitate the between the victim and the aggressor, assuming
commission of the crime. a situation of superiority of strength notoriously
advantageous for the aggressor, and the latter
When abuse of snnerinr streneth considered takes advantage of it in the commission of the
as aggravating crime. However. as none of the prosecution
witnesses saw how the killing was perpetrated,
The aggravating circumstance of abuse of abuse of superior strength cannot be appreciated
superior strength depends on the age, size, and in this case. Neither can nighttime serve as an
strength of the parties. It is considered whenever aggravating circumstance, the time of the
there is a notorious inequality of forces between commission of the crime was not even alleged in
the victim and the aggressor. the Information. (Espineli v. People, C.R. No.
179535,June 9, 2014)
Test in derewinine the oresence of abuse of
s1,nerinr srcenerh "Means to weaken defense·

NOTE: For abuse of superior strength, the test is It exists when the offended party's resisting
the relative strength of the offender and his power is materially weakened.
victim, and whether or not he took advantage of
his greater strength. Superiority in number does NOTE: Means to weaken the defense may be
not necessarily mean superiority in strength. The absorbed in treachery (e.g. when the accused
accused must have cooperated and intended to throws a sand directly into the eyes of his victim,
use or secure advantage from their superiority in this has the effect of weakening the defense of his
strength. (People v. Bosas, C.R. No. L-34251, victim as well as insuring the execution of his act
Jonuory30, 1982) without risk to himself). In this case, only one
aggravating circumstance will be appreciated,
Oerecmination of the nceseoce of abuse of namely treachery, and the circumstance of means
superiority to weaken the defense will already be absorbed.

Abuse of superiority is determined by the excess Requisites of means to weaken defense


of the aggressor's natural strength over that of
the victim, considering the position of both and 1. Means were purposely sought to weaken the
the employment of means to weaken the defense, defense of the victim to resist the assault;
although not annulling it. The aggressor must and
have taken advantage of his natural strength to 2. The means used must not totally eliminate
insure the commission of the crime. (People v. possible defense of the victim, otherwise, it
Salcedo, C.R. No. 178272, Morch 14,2011) will fall under treachery.

Q: Alberto Berbon was shot in the head and TREACHERY


different parts of the body in front of his ART. 14 (16), RPC
house by unidentified malefactors who
immediately Oed the crime scene on board a
waiting car. Reyes confided to the law
enforcers that he was willing to give vital The means and ways employed in the
information regarding the Berbon commission of the crime.
case. Reyes claimed that on December 15,
1996, he saw Espineli and Sotero Paredes Treachery carevo£iol
board a red car while armed with a .45 caliber
firearm and armalite, respectively; and that Refers to the employment of means, method, or
Espineli told Paredes that ·ayaw ko na ng form in the commission of the crime against
abutin pa ng bukas yang si Berbon.• Are the persons which tend directly and specially to
qualifying drcumstances of abuse of superior insure its execution without risk to himself
strength and nighttime present in this case?

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arising from the defense which the offended with lead pipes and baseball bats. The swiftness
party might make. and the suddenness of the attack gave no
opportunity for the victims to retaliate or even to
Essence of treachery defend themselves. Treachery, therefore, was
present in this case. (People v. Feliciano, G.R. No.
The suddenness, surprise and the lack of 19673S, May S, 2014, as penned by]. Leanen)
expectation that the attack will take place, thus,
depriving the victim of any real opportunity for Elements of treachery
self-defense while ensuring the commission of
the crime without risk to the aggressor. Likewise, 1. The employment of means of execution that
even when the victim was forewarned of the would ensure the safety of the accused from
danger to his person, treachery may still be retaliatory acts of the intended victim and
appreciated since what is decisive is that the leaving the latter without an opportunity to
execution of the attack made it impossible for the defend himself; and
victim to defend himself or to retaliate (People v. 2. The means employed were deliberately or
Vil/ocorto, G.R. No. 186412, September 7,2011). consciously adopted by the offender. (People
v. Nelmido, et al, G.R. No. 184500, September
Q: Seven members of the Sigma Rho fraternity 11, 2012)
were eating lunch in UP Diliman when they
were suddenly attacked by several masked Test of treachery
men who were armed with baseball bats and
lead pipes. Some sustained injuries which The test of treachery is not only the relative
required hospitalization. One of them, position of the parties but more specifically
Venturina, died due to traumatic bead whether or not the victim was forewarned or
injuries. Informations for murder for afforded the opportunity to make a defense or to
Venturina's death, as well a s the attempted ward off the attack.
murder and frustrated murder of some Sigma
Rho members were filed against members of Rules rerardine treacberx
Scintilla Juris fraternity (Feliciano, et al.) and
seven others. The RTC convicted Feliciano, et 1. Applicable only to crimes against persons.
al. of murder and attempted murder, and 2. Means, methods, or forms insure its
acquitted the other co-accused, holding that execution but need not insure
Feliciano, et al. were positively identified by accomplishment of crime.
witnesses a s the attackers. The CA affirmed 3. The mode of attack must be thought of by the
the RTC ruling. but modified their criminal offender, and must not spring from the
liabilities and ruled out the presence of unexpected turns of events hence not
treachery. Is treachery attendant in the applicable when the attack is incidental or
present case? accidental.

A: YES. Treachery attended the attack against Eronral attack does not neeare the oresence of
private complainants. The essence of treachery is treachery
that the attack comes without a warning and in a
swift, deliberate, and unexpected manner, Although frontal, if the attack was unexpected,
affording the hapless, unarmed, and and the unarmed victim was in no position to
unsuspecting victim no chance to resist or repel the attack, treachery can still be
escape. For treachery to be considered, two appreciated. (People v. Pelis, G.R. No. 189328,
elements must concur: (1) the employment of February 21, 2011)
means of execution that gives the persons
attacked no opportunity to defend themselves or Q: One night, while walking. Mailbag
retaliate; and (2) the means of execution were confronted Duhan and without a warning.
deliberately or consciously adopted. Mailbag punched Duhan on the left cheek and
subsequently pulled out bis gun and shot the
The victims in this case were eating lunch on latter which caused his death. Mailbag was
campus. They were not at a place where they charged with Murder and was convicted by
would be reasonably expected to be on guard for the RTC and CA and found that treachery
any sudden attack by rival fraternity men. The attended the killing. Are the courts correct in
victims, who were unarmed, were also attacked appredating treachery despite the attack
being frontal?

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A: YES. In People v. Perez, it was explained that a Cirera "to keep quiet." An altercation then
frontal attack does not necessarily rule out ensued between Naval and Cirera when Naval
treachery. The essence of treachery is the sudden asked Austria to go home. Thereafter, Austria
and unexpected attack. without the slightest stood up and felt that be was stabbed. As be
provocation on the part of the party attacked. ran home, he noticed Cirera armed with a
The prosecution was able to prove that Matibag, knife, this time chasing Naval, who was also
who was armed with a gun, confronted Duhan, stabbed on the back. Austria and Naval were
and without any provocation, punched and shot hospitalized and were confined for more than
him on the chest. Although the attack was frontal, a month, and for six days, respectively. Two
the sudden and unexpected manner by which it informations for frustrated murder were filed
was made rendered it impossible for Duhan to against Cirera. RTC found him guilty beyond
defend himself, adding too that he was unarmed. reasonable doubt of the crimes charged, and
(People v. Matibag, C.R. No. 206381, March 25, ruled that there was treachery on Cirera's
2015) end, considering the length of time it took
private complainants to realize that they
NOTE: There is no treachery if the attack was were stabbed. CA affirmed the finding of the
made at the spur of the moment. RTC that there was treachery because •the
attack was so sudden and unexpected, that
Q: On the evening of November 15, 1998, self-defense was not possible." Is treachery
Susan Lalona was at Murillo's Restaurant with present in this case?
her friend Julius Joshua Mata. They were the
only customers at that time. Later, Orozco, A: NO. Treachery did not exist and, hence,
Osir, Castro, and Maturan, apparently drunk, petitioner may only be convicted of two counts of
entered and occupied the table in front of frustrated homicide. The unexpectedness of an
them. Orozco approached Mata from behind attack cannot be the sole basis of a finding of
and stabbed him twice with a small bolo. Mata treachery even if the attack was intended to kill
shouted that be was stabbed. Lalona grabbed another as long as the victim's position was
Orozco and wrestled with him, but be pushed merely accidental. The means adopted must have
her back. When Mata tried to run out, the rest been a result of a determination to ensure
of the accused caught him. success in committing the crime.

While Maturan and Osir held Mata's arms, Petitioner's action was an impulsive reaction to
Castro stabbed him in the chest. The four (4) being dismissed by Austria, his altercation with
accused continued stabbing Mata and ran Naval, and Naval's attempt to summon Austria
away when Lalona shouted for help. Lalona home. Generally, this type of provocation negates
took Mata to the Caraga Regional Hospital on the existence of treachery. There was no
a tricycle, but Mata was pronounced dead on evidence of a modicum of premeditation
arri val. Is the killing was attended by indicating the possibility of choice and planning
circumstances which qualify tbe crime as fundamental to achieve the elements of
murder? treachery. (Cirera v. People, C.R. No. 181843, July
14, 2014, as penned by J. Leanen)
A: YES. The circumstances proved by the
prosecution amply show that treachery attended Aooceciatinn nfrceacberv in eccoc in oersonoe
the killing of Mata. Mata was completely helpless. and aberratio ictus
His hands were held by two other persons while
he was stabbed. To make matters worse, four Treachery is appreciated in error in personae and
persons, who were armed with knives, ganged·up aberratio ictus, provided that the offender
on Mata. Certainly, Mata was completely consciously employed treacherous means to
deprived of any prerogative to defend himself or ensure the execution of the crime and to render
to retaliate. Mata was helpless against a group of the victim defenseless.
persons with knives, who ganged up on him and
held his hands while stabbing him. (People v. Aooceriatinn of both evident ocemedirarinn
Orozco, C.R. Na. 211053, December 29, 2017, as and rceacberv
penned byJ. Leonen)
Evident premeditation and treachery can co-exist
Q: Austria was playing a lucky nine game at a because evident premeditation refers to the
wake. Cirera arrived, asking money from commission of the crime while treachery refers
Austria so be could buy liquor. Austria asked

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to the manner employed by the offender in Reyes argues that their guilt is not
committing the crime. established beyond reasonable doubt since
that the testimonies of the witnesses for the
Appreciation of treachery in robbery with prosecution did not dovetail in all particulars:
homicide the weapon used, relative position of
appellants when they inflicted the mortal stab
Treachery can be appreciated in Robbery with wound/s, and who between the appellants
homicide even though it is a crime against was first to inflict the stab wound. Is their
property because one of its components is a contention meritorious?
crime against person.
A: NO. The alleged inconsistencies in the
lnsraoces that max he absorbed bx treachery witnesses' testimonies, if they be such at all,
referred merely to minor and inconsequential
1. Abuse of superior strength details, which did not at all affett the substance of
2. Aid of armed men their testimonies, much less impair their
3. By a band credibility.
4. Means to weaken the defense
5. Craft In the ultimate analysis, what really matters in
6. Nighttime this case is that the prosecution witnesses did in
fact see that it was the appellants who assaulted
Time when rhe element nftreacbecx must he and killed llao that tragic morning. (People v.
present Camposano and De Los Reyes, G.R. No. 207659,
April 20, 2016)
1. When the aggresslon is continuous -
treachery must be present at the beginning IGNOMINY
of the assault. ART. 14 (17), RPC
2. When the assault was not continuous · it is
sufficient that treachery was present when Ienominv
the fatal blow was given.
It pertains to the moral order, which adds
Q: A followed the unsuspecting victim, B when disgrace to the material injury caused by the
he was going home and thereafter, crime. Ignominy adds insult to injury or adds
deliberately stabbed him in the back which shame to the natural effects of the crime.
resulted in B falling to the ground and was Ignominy shocks the moral conscience of man.
thereby further attacked by A. Was there
treachery? Aoolicationofienominv
A: YES. B was defenseless and he was not given 1. Crimes against chastity,
the opportunity to resist the attack or defend 2. Less serious physical injuries,
himself. A employed means which insured the 3. Light or grave coercion; and
killing of Band such means assured him from the 4. Murder.
risk of B's defense. Stabbing from behind is a
good indication of treachery. (People v. Yanson, No ienominv when a man is killed in the
G.R. No. 179195, October 3, 2011) presence of his wife

NOTE: Treachery CANNOT co-exist with passion The circumstance of ignominy will not be
or obfuscation, for while in mitigating appreciated if the offender employed no means
circumstance of passion or obfuscation, the nor did any circumstance surround the act
offender loses his reason and self-control, in the tending to make the effects of the crime more
aggravating circumstance of treachery the mode humiliating.
of attack must be consciously adopted. One who
loses his reason and self-control could not Ienominv when a woman iS caned in the
deliberately employ a particular means, method presence of her husband
or form of attack in execution of crime.
Ignominy can be appreciated. Rape is now a
Q: Several witnesses saw camposano and De crime against persons (R.A 8353). Presence of
Los Reyes chasing llao and when he fell on the the husband qualifies the crime of rape under
ground, appellants took turns in stabbing him Art. 266.
with a deadly weapon. Camposano and De Los

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CRIMINAL LAW

UNLAWFUL ENTRY It involves the It presupposes that


ART. 14 (18), RPC breaking of the there is no such
enumerated parts of breaking as by entry
llnJawfnl enm the house. through the window.
There is unlawful entry when an entrance is
effected by a way not intended for the purpose. AID OF MINORS OR USE OF MOTOR VEHICLES
OR OTHER SIMILAR MEANS
ART. 14 (20), RPC
When unlawfuleon,, isaeecavatloe
When one who acts, not respecting the walls Aid ofminors
eretted by men to guard their property and
provided for their personal safety, shows greater The use of a minor in the commission of the
perversity, a greater audacity and hence the law crime shows the greater perversity of the
punishes him with more severity. offender because he is educating the innocent
minor in committing a crime. It is intended to
NOTE: This circumstance is inherent in the discourage the exploitation of minors by
crimes of trespass to dwelling and robbery with criminals taking advantage of their
force upon things. But it is aggravating in the irresponsibility and the leniency of the law for
crime of robbery with violence against or the youthful offender.
intimidation of persons.
Use of motor vehicle considered
BREAKING WALi.. ROOF, FLOOR,
DOOR OR WINDOW The use of motor vehicles in the commission of a
ART. 14 (19), RPC crime poses difficulties to the authorities in
apprehending the offenders. This circumstance is
aggravating only when used to facilitate the
commission of the offense.
The means and ways employed to commit the
crime. NOTE: If motor vehicle is used only in the escape
of the offender, motor vehicle is not aggravating
Beouisites as the law says that ·the crime was committed by
means of motor vehide."
1. A wall, roof, window, or door was broken; "'
and ""OtherSimilarmeans
2. They were broken to effect entrance.
It should be understood as referring to motorized
NOTE: It is aggravating only where the offender vehicles or other efficient means of
resorted to any of said means to enter the house. transportation similar to automobile or airplane.

Instances where breaking is lawful CRUELTY


ART. 14 (21), RPC
1. An officer, in order to make an arrest, may
break open door or window of any building .lwis
in which the person to be arrested is or is
reasonably believed to be (Rule 113, Sec. 11, The means and ways employed in the
Rules of Court); commission of the crime.
2. An officer, if refused admittance, may break
open any door or window to execute the Cruelty
search warrant or liberate himself (Rule 126,
Sec. 7, Rules of Court); and There is cruelty when the wrong done was
3. Replevin (Rule 60, Sec. 4, Rules of Court) intended to prolong the suffering of the victim,
causing him unnecessary moral and physical
Breaking wall vis-A-vis Unlawful entry pain.

Bem,isites
BREAKING WALL UNLAWFUL ENTRY

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FACULTY OF CIVIL LAW
BOOK I - FELONIES

1. That at the time of the inflittion of the revoked licenses in accordance with the rules and
physical pain, the offended party is still alive; regulations. (Sec. 3, par. (v}, RA 10591)
and
2. That the offender enjoys and delights in Use of loose firearm considered absorbed as
seeing his victim suffer gradually by the an element of the crime of rebellion
infliction of the physical pain. insucremon or attemored rouu a�ewc
Crnelrv not inherent in crimes aeainst If the use of loose firearm is in furtherance of or
oecsons incident to, or in connection with the crime of:

In order for it to be appreciated, there must be 1. rebellion


positive proof that the wounds found on the body 2. insurrection;
of the victim were inflicted while he was still 3. or attempted coup d'etat such shall be
alive to unnecessarily prolong physical suffering. absorbed as an element of the crimes
mentioned. (Sec. 29, par. 2, RA 10591)
NOTE: There is no cruelty when other wrong was
done after the vic.tim was dead. However, in Effect of the use of loose firearm when it is
mutilation, outraging of a corpse is considered as inherent in the commission nfthecrime
an aggravating circumstance. If the victim was
already dead when the acts of mutilation were The use of a loose firearm. when inherent in the
being performed, this would qualify the killing to commission of a crime punishable under the
murder due to outraging of his corpse. Revised Penal Code or other special laws, shall be
considered as an aggravating circumstance. (Sec
lennminv vis-a-visca,eltv 29, por. 1, R.A. 10591)

IGNOMINY CRUELTY NOTE: If the crime committed with the use of a


loose firearm is penalized by the law with a
Ignominy refers to the Cruelty refers to the
maximum penalty which is lower than that
moral effect of a crime physical suffering of
prescribed in the preceding section for illegal
and it pertains to the the vittim purposely
possession of firearm, the penalty for the crime
moral order, whether intended by the
charged: Provided further, that if the crime
or not the victim is offender. It is
committed with the use of loose firearm is
dead or alive. necessary that the
penalized by the law with a maximum penalty of
victim was still alive
prision mayor in its minimum period punishable
when the wounds
under the Revised Penal Code or other special
were inflicted.
laws of which he/she is found guilty. (Sec 29, par.
1, RA 10591)
Other snecial aeeravatioerirc11msrances
Q: If an unlicensed firearm was used to kill a
1. Organized or syndicated crime group;
person, can he be held guilty for a separate
2. Under influence of dangerous drugs; and offense of illegal possession of firearms aside
3. Use of unlicensed firearm. from murder or homidde?
USE OF LOOSE FIREARMS UNDER R.A. 10591 A: NO. Where murder or homicide results from
AND USE OF EXPLOSIVES UNDER R.A. 8294 the use of an unlicensed firearm, the crime is no
AS AGGRAVATING CIRCUMSTANCE
longer qualified illegal possession, but murder or
homicide, as the case may be. In such a case, the
NOTE: P.D. 1866 (as amended by R.A. 8294) has use of the unJicensed firearm is not considered as
been superseded by the new Firearms law (R.A.
a separate crime but shall be appreciated as an
10591).
aggravating circumstance. (People v. Avecil/o, G.R.
No.117033, February 15, 2001)
Loose firearm
NOTE: Same ruling will be applicable in the new
An unregistered firearm, an obliterated or Firearms law.
altered firearm, firearm which has been lost or
stolen, illegally manufactured firearms,
registered firearms in the possession of an
Ilse nfExnlnsives
individual other than the licensee and those with
When a person commits any of the crimes
defined in the RPC or special laws with the use of

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64
CRIMINAL LAW

hand grenade(s), rifle grenade(s), and other Illegal Possession of Firearm is ma/um
explosives, including but not limited to 'pillbox,' prohibitum.
'molotov cocktail bombs,' 'fire bombs,' or other
incendiary devices capable of producing Illustration: The accused was apprehended for
destructive effect on contiguous objects or carrying a cal. 9mm firearm and ammunitions
causing injury or death to any person, which without the proper license to possess the same.
results in the death of any person or persons, the He claimed to be a confidential agent of the AFP
use of such explosives, detonation agents or and in that capacity received the said firearm and
incendiary devices shall be considered as an ammunitions, which are government properties
aggravating circumstance. (Sec. 2, R.A. 8294) duly licensed to the Intelligence Security Group
(ISG) of the AFP and so could not be licensed
PreseoraJion of the firearm roconsider meeal under his name. Although the accused had a
nossession of firearm as an aeeravatine Memorandum Receipt and A Mission Order
circumstance, not necessary issued by ISG, whereby he was entrusted with
such firearm and ammunitions which he was
It is not necessary to present the firearm before authorized to carry around, he was nevertheless
the court in order for illegal possession of firearm convicted for the subject violation for a
to be appreciated as an aggravating Memorandum Receipt and Mission Order cannot
circumstance. It can be appreciated even though take the place of a duly issued firearm license.
the firearm used was not recovered. The actual The accused cannot invoke good faith as a
firearm itself need not be presented if its defense against a prosecution for illegal
existence can be proved by the testimonies of possession of firearm, as this is a ma/um
witnesses or by other evidence presented. prohibitum. (Sayco v. People, G.R. 159703, March
(People v. Agcanas, G.R. No. 174476, October 11, 3, 2008)
2011)
NOTE: If the crime is committed by the person
Insrances cem,iced to he oroven in cases of without using the loose firearm, the violation of
illeeal onssession of firearms this Att shall be considered as a distinct and
separate offense. (par. 3, Sec. 29, R.A. 10591)
In crimes involving illegal possession of firearm,
the prosecution has the burden of proving the USE OF DANGEROUS DRUGS
elements thereof, vir. UNDER R.A. 9165 AS QUALIFYING
AGGRAVATING CIRCUMSTANCE
1. The existence of the subject firearm; and
2. The fact that the accused who owned or Notwithstanding the provisions of any law to the
possessed it does not have the license or contrary, a positive finding for the use of
permit to possess the same. The essence of dangerous drugs shall be a qualifying
the crime of illegal possession is the aggravating circumstance in the commission of
possession, whether actual or constructive, a crime by an offender, and the application of the
of the subject firearm, without which there penalty provided for in the Revised Penal Code
can be no conviction for illegal possession. shall be applicable. (Sec. 25, R.A. 9165) (2005,
2009 BAR)
After possession is established by the
prosecution, it would only be a matter of course NOTE: The drug test in Section 15 does not cover
to determine whether the accused has a license persons apprehended or arrested for any
to possess the firearm. Possession of any firearm unlawful acts listed under Article II of R.A. 9165.
becomes unlawful only if the necessary permit or Thus, this qualifying aggravating circumstance
license is not first obtained. The absence of shall be considered only to crimes punishable
license and legal authority constitutes an under R.A. 9165. (Dela Cruz v. People, GR 200748,
essential ingredient of the offense of illegal July 23, 2014)
possession of firearm and every ingredient or
essential element of an offense must be shown by Other aeeravatine circnmsrances in drne
the prosecution by proof beyond reasonable celared rases
doubt. (People v. Agcanas, G.R. No. 174476,
October 11, 2011) 1. If the sale trading, administration,
dispensation, delivery, distribution or
Good faith i s not a valid defense against transportation of any dangerous and/or
nrnsec,1tj00 COr illeeal onssessinn offirearm controlled precursor and essential chemical

UNIVERSITY OF SANTO TOMAS


65 �
FACULTY OF CIVIL LAW
BOOK I - FELONIES

transpired within one hundred (100) meters Requisites to be exempted from prosecution
from the school. (Sec. 5, par. 2, R.A 9165) and o,miShmentunderBA 9165
2. For drug pushers who use minors or
mentally incapacitated individuals as Any person who:
runners, couriers and messengers, or in any
other capacity directly connected to the 1. Has violated Section 7 (Employees and
dangerous drug and/or controlled precursor Visitors of a Den, Dive or Resort), Section 11
and essential chemical trade. (Sec. 5, par. 3, (Possession of Dangerous Drugs), Section 12
R.A 9165) (Possession of Equipment, Instrument,
3. If the victim of the offense is a minor or Apparatus and Other Paraphernalia for
mentally incapacitated individual, or should Dangerous Drug), Section 14 (Possession of
a dangerous drug and/or controlled Equipment, Instrument, Apparatus and Other
precursor and essential chemicals involved Paraphernalia for Dangerous Drugs During
in any offense be the proximate cause of the Parties, Social Gatherings or Meetings),
death of the victim. (Sec.5, par. 4, R.A. 9165) Section 15 (Use of Dangerous Drugs), and
4. In case the clandestine laboratory is Section 19 (Unlawful Prescription of
undertaken or established under the Dangerous Drugs), Article II of RA. 9165
following circumstances:
2. Voluntarily gives information about any
a. Any phase of the manufacturing process violation of:
was condutted in the presence or with a. Importation of Dangerous Drugs and/
the help of minor/s; or Controlled Precursors and Essential
Chemicals (Sec. 4, R.A 9165);
b. Any phase of the manufacturing process b. Sale, Trading, Administration,
was established or undertaken within Dispensation, Delivery, Distribution and
one hundred (100) meters of a Transportation of Dangerous Drugs
residential, business, church or school and/or Controlled Precursors and
premises; Essential Chemicals (Sec.5, R.A9165);
c. Any clandestine laboratory was secured c. Maintenance of a Den, Dive or Resort
or protected by booby traps; (Sec. 6, R.A.9165);
d. Any clandestine laboratory was d. Manufacture of Dangerous Drugs
concealed with legitimate business and/or Controlled Precursors and
operations; or Essential Chemicals (Sec.8, R.A9165);
e. Any employment of a practitioner, e. Manufacture or Delivery of Equipment,
chemical engineer, public official or Instrument, Apparatus, and Other
foreigner. (Sec.8, R.A 9165) Paraphernalia for Dangerous Drugs
and/or Controlled Precursors and
5. In case the person uses a minor or a mentally Essential Chemicals (Sec.10, R.A9165);
incapacitated individual to deliver f. Possession of Dangerous Drugs During
equipment, instrument. apparatus, and other Parties, Social Gatherings or Meetings
paraphernalia for dangerous drugs. (Sec. 10, (Sec.13, R.A.9165);
par. 3, R.A. 9165) g. Cultivation or Culture of Plants
6. Any person found possessing any dangerous Classified as Dangerous Drugs or are
drug during a party, or a social gathering or Sources Thereaf(Sec. 16, R.A9165);
meeting. or in the proximate company of at h. The offenses mentioned if committed by
least two (2) persons. (Sec.13, R.A. 9165) a drug syndicate; or
7. Possession or having under his/her control i. Leading to the whereabouts, identities
any equipment, instrument, apparatus and and arrest of all or any of the members
other paraphernalia fit or intended for thereof
smoking, consuming, administering,
injecting, ingesting or introducing any 3. Willingly testifies against such persons as
dangerous drug into the body, during parties, described above.
social gatherings or meetings, or in the
proximate company of at least two (2) Provided, that the following conditions
persons. (Sec.14, R.A.9165) concur:

IMMUNITY FROM PROSECUTION


AND PUNISHMENT UNDER R.A. 9165

II UNIVERSITY OF SANTO TOMAS


2021GOLDEN NOTES
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CRIMINAL LAW

a. The information and testimony are immunity as provided above, his/her immunity
necessary for the conviction of the shall be removed and he/she shall likewise be
persons described above; subject to contempt and/or criminal prosecution
b. Such information and testimony are not as the case may be, and the enjoyment of all
yet in the possession of the State; rights and benefits previously accorded him
c . Such information and testimony can be under the Law or in any other law, decree or
corroborated on its material points; order shall be deemed terminated. (Sec. 34, R.A.
d. The informant or witness has not been 9165)
previously convitted of a crime involving
moral turpitude, except when there is no MINOR OFFENDERS UNDER R.A. 9165
other direct evidence available for the
State other than the information and Sec. 66, R.A. 9165 - An accused who is over
testimony of said informant or witness; fifteen (15) years of age at the time of the
and commission of the offense mentioned in Sec. 11
e. The informant or witness shall strictly of R.A. 9165 but not more than eighteen (18)
and faithfully comply without delay, any years of age at the time of when the judgment
condition or undertaking. reduced into should have been promulgated alter having been
writing. lawfully imposed by the State as found guilty of said offense, may be given the
further consideration for the grant of benefits of a suspended sentence, subject to the
immunity from prosecution and following conditions:
punishment.
1. He/she has not been previously convicted
Provided, further, that this immunity may be of violating any provisions of this Act, or of
enjoyed by such informant or witness who the Dangerous Drugs Act of 1972, as
does not appear to be most guilty of the amended; or of the Revised Penal Code; or
offense with reference to which his/her any special penal laws;
information or testimony were given. 2. He/she has not been previously
committed to a Center or to the care of a
Provided, finally, that there is no direct DOH-accredited physician; and
evidence available for the State, except for 3. The Board favorably recommends that
the information and testimony of the said his/her sentence be suspended.
informant or witness.
NOTE: If the accused first-time minor offender
NOTE: This applies notwithstanding the violates any of the conditions of his/her
provisions of Section 17, Rule 119 of the Revised suspended sentence, the applicable rules and
Rules of Criminal Procedure and the provisions regulations of the Board exercising supervision
of R.A. No. 6981 or the Witness Protet1:ion, and rehabilitative surveillance over him,
Security and Benefit Act of 1991. including the rules and regulations of the Center
should confinement be required, the court shall
Ierminatlnn of immunitv Ctom orosea,rion pronounce judgment of conviction and he/she
and punishment shall serve sentence as any other convicted
person. (Sec. 69, R.A 9165)
The immunity shall not attach should it turn out
subsequently that the information and/or Grant of probation or community service in
testimony is false, malicious or made only for the case ofa first-time minor offender
purpose of harassing, molesting or in any way
prejudicing the persons described in Sec. 33 The court may grant probation or community
against whom such information or testimony is service in lieu of imprisonment in case of a first­
directed. In such case, the informant or witness time minor offender. Upon promulgation of the
shall be subject to prosecution and the enjoyment sentence, the court may, in its discretion, place
of all rights and benefits previously accorded him the accused under probation. even if the sentence
under the Law or any other law, decree or order provided under this Act is higher than that
shall be deemed terminated. provided under existing law on probation or
impose community service in lieu of
In case an informant or witness under the Law imprisonment.
fails or refuses to testify without just cause, and
when lawfully obliged to do so, or should he/she NOTE: If the sentence promulgated by the court
violate any condition accompanying such requires imprisonment. the period spent in the

UNIVERSITY OF SANTO TOMAS


67 �
FACULTY OF CIVIL LAW
BOOK I - FELONIES

Center by the accused shall be dedutted from the 3. Descendant;


sentence to be served. (Sec. 70, R.A. 9165) 4. Legitimate, natural, or adopted Brother or
Sister;
APPLICATION/ NON-APPLICATION OF RPC 5. Relative by affinity in the same degree of the
PROVISIONS (SEC. 98, R.A. 9165 ART. 10, RPC offender; and
6. Other relatives included by Analogy to
BPC anolied with resoecrrosoecial laws ascendants and descendants (e. g.
Stepparents -It is their duty to bestow upon
RPC is not intended to supersede special laws. It their stepchildren a mother/father's
shall be supplementary to special penal laws affection, care and protection).
unless the latter should specially provide the
contrary. (Art 10, RPC) Aonreciarionofretationshio
Provisions nfthe BPC eenerallv notaonJirahle 1. Exempting:
ro BA 9165
a. In the case of an accessory who is related
GR: The provisions of the RPC are not applicable to the principal within the relationship
to R.A. 9165 because the law itself prohibits the prescribed in Article 20.
application of RPC to R.A. 9165. b. In Art. 247, a spouse will not incur
criminal liability if less serious physical
XPN: If the offender is a minor. R.A. 9165 states injuries or slight physical injuries was
that if the offender is a minor and the penalty is inflicted after having surprised his or her
life imprisonment to death, then the penalty shall spouse or paramour or mistress
be rec/uslon perpetua to death, therefore, committing actual sexual intercourse.
adopting the nomenclature of the penalties under The same shall apply to parents, with
the RPC. By adopting the nomenclature of the respect to their daughters under 18
penalties under the RPC, the RPC shall apply, and years of age, and their seducer, while the
a minor would now be entitled to a privileged daughter is living with their parents.
mitigating circumstance of minority. (People v. c. Under Art. 332, in the crime of theft,
Simon, C.R. No. 93026, July 29, 1994) malicious mischief and swindling or
estafo, there is no criminal liability if the
ALTERNATIVE CIRCUMSTANCES offender is related to the offended party
ART. 15, RPC as:

Alternative circumstances i. Spouse, ascendant, or descendant, or


relatives by affinity in the same line;
Those circumstances which must be taken into
consideration as aggravating or mitigating NOTE: Stepfather and stepmother
according to the nature and effects of the crime are included as ascendants by
and the other conditions attending its affinity. (People v. Alvarez, 52 Phil.
commission. 65)

These are: (RIDe) ii. The widowed spouse with respect to


the property which belonged to the
1. Relationship; deceased spouse before the same
2. Intoxication; passed into the possession of
3. Degree of instruction and education of the another.
offender. iii. If the offender is a brother or sister
or brother-in-law or sister-in-law of
RELATIONSHIP the offended party and they are
ART. 15 (2), RPC living together.

Relationships taken into consideration NOTE: Article 332 is exclusive; hence, if


the crime is robbery, or estafa through
When the offended party is the: falsification, this Article does not apply.
If the son committed estafa through
1. Spouse; falsification of a commercial document
2. Ascendant; against his father, he is criminally liable

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2021 GOLDEN NOTES
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CRIMINAL LAW

for the crime of falsification. (Reyes, G.R. Na. 26867, August 10, 1927) or
2012) in a case when a father raped his
own daughter. (People v. Parras,
The exemption does not include G.R. No. 38107, October 16, 1933)
strangers who cooperate in the
commission of the crime. b. In physical injuries
i. Serious physical lnjuries - even if the
2. Mitigating: offended party is a descendant of the
offender; except when committed by
a. In crimes against property, by analogy to the parent who shall inflict physical
Art. 332 which exempts the accused from injuries to his child due to excessive
criminal liability for the crimes of theft, chastisement.
estafa and maJicious mischief, relationship ii. Less serlous physical injurles or slight
is mitigating in the crimes of Robbery physical injuries - if the offended
(Arts. 294-302, RPC), Usurpation (Art 312), party is a relative of a higher degree
fraudulent insolvency (Art 314) and Arson of the offender
(Arts 320-322, 325-326, RPC; P.D. 1613
repealed Articles 321, 322, 323, 325 to 326 INTOXICATION
ofthe RPC. ART. 15 (3), RPC
b. In physical tnJunes, relationship is
mitigating when the offense committed is Intoxicatjon as an alternative circumstance
less serious physical injuries or slight
physical injuries, and the offended party is It is an alternative circumstance because it
a relative of a lower degree (Reyes, 2008). impairs the exercise of one's will-power. When a
c. In cases of infanticide (Art. 255, RPC) and person is under the influence of liquor, his
abortion (Art 258, RPC), the killing or exercise of will power is impaired and his
abortion to conceal dishonor is a resistance to evil is lessened. (People v. Tambis,
mitigating circumstance. In infanticide, the G.R. Na. 124452, July 28, 1999)
concealment made by the maternal
grandparents is mitigating. (Boado, 2008). Intoxication considered mitigating {2000.
d. In trespass to dwelling. (U.S. v. Ostreo, G.R. 2002 RAB)
No.1114, March 31, 1903)
If intoxication is:
3. Aggravating: (1994 BAR)
1. Not habitual;
a. In crimes against person 2. Not subsequent to the plan to commit a
i. Where the offended party is a felony; or
relative of a higher degree than the 3. At the time of the commission of the crime,
offender. the accused has taken such quantity of
ii. When the offender and the alcoholic drinks as to blur his reason and
offended party are relatives of the deprive him of certain degree of control.
same level, such as killing a
brother; (El Puebla de Filipinos v. To be mitigating, the state of intoxication of the
Alisub, G.R. Na. 46588, January 20, accused must be proved. Once intoxication is
1940), brother-in-law (People v. established by satisfactory evidence, in the
Mercado, G.R. No. 27415, Navermber absence of proof to the contrary, it is presumed
29, 1927), a half-brother (People v. to be non-habitual or unintentional.
Nargatan, G.R. Na. 24619-20,
December 16, 1925), ar adopted· NOTE: As a mitigatigating circumstance, it finds
brother. (People v. Mangcol, G.R. No. its reason in the fact that when a person is under
L-2544, June 30, 1950) the influence of liquor, his exercise of will is
iii. In case of murder or homicide, if impared (Reyes, 2017).
the act resulted in the death of the
victim even if the accused is a tnroxivninn considered aeeravatine
relative of a lower degree
iv. In rape, relationship is aggravating If intoxication is:
when a stepfather raped his
stepdaughter (People v. De Lean, 1. Habitual; or

UNIVERSITY OF SANTO TOMAS ..


69
FACULTY OF CIVIL LAW
BOOK I - FELONIES

2. Intentional. (subsequent to the plan to commit (People v. £not, G.R.


afelony) No. L-17530, October
30, 1962)
NOTE: The moment intoxication is shown to be 3. Crimes against
habitual or intentional to the commission of the chastity
crime, the same will immediately aggravate, 4. Murder or homicide
regardless of the crime committed. 5. Rape
6. Treason - because
In both circumstances, the liquor must be so love of country
intoxicating as to diminish a man's rational should be a natural
capacity. feeling of every
citizen, however
Person considered as "habitual drunkard" unlettered or
uncultured he may
He is one given to intoxication by excessive use of be. (People v.
intoxicating drinks. The habit should be at1:ual Lansanas, G.R. No. L·
and confirmed. It is unnecessary that it be a 1622, December 2,
matter of daily occurrence. It lessens individual 1948'
resistance to the evil thought and undermines
will-power making its victim a potential evildoer. Test of instn1ction as a mitieatine
(People v. Camano, G.R. No. L-36662·63, July 30, ficcnmsrance
1982)
Test of lack of instruction as a mitigating
Basis ofwhether iotox1cation is mitiearioe or circumstance is not illiteracy alone, but rather
JI.QI; lack of sufficient intelligence.

The basis is the effect of the alcohol upon the NOTE: If the offender is a lawyer who committed
offender, not the quantity of the alcoholic drink rape, the fact that he has knowledge of the law
he had taken in. will not aggravate his liability; but, if a lawyer
committed falsification, that will aggravate his
NOTE: Under R.A. 9262 (Anti-Violence Against criminal liability if it be proven that he used his
Women and Their Children Act of 2004), raising special knowledge as a lawyer and he took
defenses as being under the influence of alcohol, advantage of his learning in committing the
any illicit drug, or any other mind-altering crime.
substance shall not be appreciated. (Sec. 27, R.A.
9262) Lack and hieh deecee of instn1ction and
education are two djstinct circumstances
DEGREE OF INSTRUCTION AND EDUCATION
One may not have any degree of instruction but is
Aooredation ofinstn1ction or education nevertheless educated.

LACK OR LOW DEGREE HIGH DEGREE OF Low degree of education is never aggravating in
OF INSTRUCTION AND INSTRUCTION the manner that high degree is never mitigating.
EDUCATION AND EDUCATION
GR: lack or low degree High degree of ABSOLUTORY CAUSES
of instruction is instruction or
mitigating in all crimes. education is Ahsolntncv causes
aggravating when
XPN: Not mitigating in: the offender took Those where the act committed is a crime but for
1. Crimes against advantage of his reasons of public policy and sentiment there is no
property (e.g. arson, learning in the penalty imposed.
estafa, threat) commission of the
2. Theft and robbery crimes. Examoles ofahsnlutocv rm,ses
(People v. Macatanda,
G.R. No. L-51368, 1. Spontaneous desistance in attempted
November 6, 1981) or felonies ( Art 6, par. 3, RPC);
assault upon the
ersons of another.

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2. Light felonies in the attempted or frustrated Happens when a public officer induces an
stage, except in crimes against persons or innocent person to commit a crime and would
property (Art 7, RPC); arrest him upon or after the commission of the
3. Accessories in light felonies (Art 16, RPC); crime.
4. Accessory is a relative of the principal, except
when he has profited or assisted in profiting A private person is liable with the person
from the effects of the crime (Art. 20, RPC); instigated.
5. Discovering secrets of ward through seizure
of correspondence by their guardian (Art NOTE: In instigation, the offender simply acts as
290, RPC); a tool of the law enforcers. Therefore, he is acting
6. When only slight or less serious physical without criminal intent because without the
injuries are inflicted by the person who instigation, he would not have done the criminal
surprised his/her spouse or daughter in the act which he did upon instigation of the law
ac.t of sexual intercourse with another person enforcers. This is based on the rule that a person
(Art 247, RPC); cannot be a criminal if his mind is not criminal.

If death or serious physical injuries were Person who may commit instigation
inflicted by the accused under the situation
subject of ArL 247, no absolutory cause can Only public officers or private detet1:ives may
be involved but in effect a mitigating commit such. If the one who made the instigation
circumstance is present, since the accused is is a private individual, not performing a public
criminally liable but he is punished with the function, both he and the one induced are
reduced penalty of destierro; criminally liable, the former as principal by
inducement and the latter as principal by direct
7. Crime of theft, swindling or malicious participation.
mischief committed against as spouse,
ascendant, or descendant or if the offender is Eotcaamentis NOI an ahsolutnrv cause
a brother or sister or brother-in-law or Entrapment does not exempt the offender. nor
sister-in-law of the offended party and they mitigate his criminal liability.
are living together (Art 332, RPC);
8. Instigation; Peterminarinn of whether the acr is an
9. Trespass to dwelling when the purpose of eotranmeot or iostieafinn
entering another's dwelling against the
latter's will is to prevent some serious harm Courts have adopted the objective test. In the
to himself, the occupants of the dwelling or a case of People v. Doria (G.R. No. 125299, January
third person, or for the purposes of 22, 1999), the SC held that the conduct of the
rendering some services to humanity or apprehending officers and the predisposition of
justice, or when entering c.afes, taverns, inns the accused to commit the crime must be
and other public houses, while the same are examined:.
open. (Art 280, par. 2, RPC)
In buy-bust operations, the details of the
Q: Are the grounds for total extinguishment of purported transaction must be clearly and
criminal liability (RPC, ArL 89) and express adequately shown. This must start from the
pardon or marriage of the accused and the initial contact between the poseur-buyer and the
victim in crimes against chastity (RPC, ArL pusher, the offer to purchase, the promise or
344) absolutory causes? payment of the consideration until the
consummation of the
A: NO. An absolutory cause prevents criminal sale by the delivery of the illegal drug subject of
liability from attaching or arising from the acts of the sale.
the accused. Art. 89 which speaks of
extinguishment of criminal liability presupposes The manner by which the initial contac.t was
that the accused was deemed criminally liable; made· whether or not through an informant· the
otherwise there would be no liability to offer to purchase the drug · the payment of the
extinguish. The same is true with respect to "buy-bust" money· and the delivery of the illegal
marriage of the parties in crimes against chastity. drug · whether to the informant alone or the
police officer, must be the subjet1: of strict
Instigation scrutiny by courts to ensure that law-abiding

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BOOK I - FELONIES

citizens are not unlawfully induced to commit an the crime.


offense. The This
circumstance circumstance
Criminals must be caught but not at all cost. At is no bar to absolves the
the same time, however, examining the conduct prosecution accused from
As to
of the police should not disable courts into and conviction criminal
ignoring the accused's predisposition to commit criminal the
of liability.
/iobility
the crime. If there is overwhelming evidence of lawbreaker. (People v.
habitual delinquency, recidivism or plain Dante Marcos,
criminal proclivity, then this must also be G.R. No. 83325,
considered. Mav 8, 1990).

Courts should look at all factors to determine the PERSONS LIABLE


predisposition of an accused to commit an AND
offense in so far as they are relevant to determine DEGREE OF PARTICIPATION
the validity of the defense of inducement (People
v. Medenil/a G.R. No. 131638-39, March 26, 2001).
PERSONS CRIMINALLY LIABLE
ART. 16, RPC
Frame-up and extortion as common defense,
and the presumption of the regular
oerfnrmance nfouhHc officecs Pecsnns criminallv liable
Such defense is viewed by the Court with For grave and less grave felonies:
disfavor, because it can be easily concocted. To
1. Principals;
substantiate such defense_. including instigation,
the evidence must be clear and convincing 2. Accomplices; and
3. Accessories.
because of the presumption that public officers
acted in the regular performance of their official
duties. (People v. De la Pena, G.R. 92534, July 9, For light felonies:
1991).
1. Principals; and
Entrapment vis-a-vis Instigation fl 990. 1995. 2. Accomplices
2003 RAB) Light felonies are punishable in attempted and
frustrated stage but only principal and
BASIS ENTRAPMENT INSTIGATION
accomplice are liable.
The criminal The idea and
design design to
REASON: The social wrong as well as the
originates bring about
individual prejudiced is so small that a penal
from and is the sanc.tion is deemed not necessary for accessories.
already in the commission of (Reyes, 2012)
As to intent mind of the the crime
lawbreaker originated and
This classification is true only under the RPC and
developed in
even before is not used under special laws, because the
the mind of
entrapment. penalties under special laws are never graduated.
the law
However, if a special law provides for the same
enforcers.
graduated penalties as those provided under the
The law The law
RPC, the classification under the RPC may be
enforcers enforcers
adopted.
resort to ways induce, lure,
and means for or incite a
the purpose of person who is Parties in the commiS-Sion ofa crime
Meons ond capturing the not minded to
1. Active subject (the criminal) - only natural
woys lawbreaker in commit a
persons can be the active subject of crime
flagrante crime and because of the highly personal nature of the
delicto. would not criminal responsibility.
otherwise
2. Passive subject (the injured party) - the
commit it, into holder of the injured right: natural person,
committina juridical person, group, and the State.

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NOTE: Corpses and animals cannot be passive A conspirator who does not appear at the scene
subjects because they have no rights that may be of the crime is not liable. His non-appearance is
impaired, except in the cases of corpses, the deemed a desistance on his part unless he is the
crime of defamation may be committed if the mastermind.
imputation tends to blacken the memory of one
who is dead. (Art 353, RPC) Iiahmtx of consoiratocs COc annthec
consoinnoc's acrs whifh differ cadicallv and
PRINCIPALS substantially from that which is intended to
ART. 17, RPC he c.ommiued
Different classifications of criminal Conspirators are liable for the acts of another
resnnnSihiliTY conspirator even though such atts differ radically
and substantially from that which they intend to
1. Individual criminal responsibility - When commit.
there is no conspiracy, each of the offenders
is liable only for his personal act. IiahWtx of consoiratncs fnc annthec's killine
2. Quasi-collective criminal responsibility - which is not covered in the conspiracy
Some offenders in the crime are principals
and the others are accomplices. When the conspirators select a particular
3. Collective criminal responsibility - Where individual to be a victim, and another person was
there is conspiracy, the act of one is the act of killed by one of them, only that conspirator who
all. All conspirators are liable as co-principals killed another person would be liable.
regardless of the extent and charatter of
their participation. PRINCIPALS BY INDUCEMENT

Kinds nforinfioals Pcincioalhx inducement


1. Principal by direct participation; Those who directly force or induce another to
2. Principal by induction/inducement; and commit a crime. To be a principal by inducement,
3. Principal by indispensable cooperation it is necessary that the inducement be the
determining cause of the commission of the
PRINCIPALS BY DIRECT PARTICIPATION crime by the principal by direct participation that
is, without such, the crime would not have been
Princinals bxdiceaoartifioatlnn committed.

Principals by direct participation are !Those who Bem,isites


materially execute the crime. They appear at the
crime scene and perform acts necessary for the 1. That the inducement be made direttly with
commission of the crime. the intention of procuring the commission of
the crime; and
Requisites 2. That the inducement be the determining
cause of the commission of the crime by the
1. They participated in the criminal resolution; material executor.
and
2. They carried out the plan and personally NOTE: The inducement should precede the
took part in its execution by acts, which commission of the crime because one cannot be
directly tended to the same end. held guilty of having instigated the commission of
the crime without first being shown that the
"Pecsonallx tonk oart in the commission of crime was actually committed (or attempted) by
the crime" another.

1. The principal by dirett participation must be Q: A induced B to kill X by giving him Php 500,
at the scene of the commission of the crime, 000. For his part, B induced C to kill for
personally taking part in its execution; and Php300, 000. C induced D t o kill X for Php200,
2. If there is conspiracy, although he was not 000. D killed X. Are A, B, and C principals by
present in the scene of the crime, he is inducement?
equally liable as a principal by direct
participation.

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BOOK I - FELONIES

A: A and B are not principals by inducement iii. Words used must be so direct, so
because they did not directly induce D to kill X. efficacious, and powerful as to
However, C is a principal by inducement because amount to physical or moral
he diret1:ly induced D to kill X. coercion;
iv. Words of command must be uttered
NOTE: Inducement must be strong enough that prior to the commission of the
the person induced could hardly resist. This is crime; and
tantamount to an irresistible force compelling v. Material executor of the crime has
the person induced to carry out the execution of no personal reason to commit the
the crime. Thoughtless expression without crime.
intention to produce the result is not an
inducement to commit a crime. NOTE: The one who used the words of
command is a principal by inducement; while
Wavs ofhecomineaorinfioalbx inducement the one committing the crime because of the
words of command is a principal by direct
1. Directly forcing another to commit a crime participation. There is a collective criminal
by: responsibility.

a. Using irresistible force - such physical Extent of inducement for a person to be held
force that would produce an effet1: upon liable as principal by inducement
the individual that in spite of all
resistance, it reduces him to a mere The inducement must be "so influential in
instrument. producing the criminal act that without it, the act
b. Causing uncontrollable fear - compulsion would not have been performed."
by means of intimidation or threat that
promises an evil of such gravity and In People v. Sanchez, et al., (G.R. No. 121039-45,
eminence that the ordinary man would January 25, 1999), the Court ruled that,
have succumbed to it. notwithstanding the fact that Mayor Sanchez was
not at the crime scene, evidence proved that he
NOTE: Only the one using force or causing fear was the mastermind of the criminal act or the
is criminally liable. The material executor principal by inducement.
is not criminally liable because of exempting
circumstances of irresistible force and Thus, because Mayor Sanchez was a co-principal
uncontrollable fear under par. 5 & 6 of Art. 12. and co·conspirator, and because the act of one
conspirator is the ac.t of all, the mayor was
2. Directly induc-Jng another to commit a crime rendered liable for all the resulting
by: crimes. (People v. Janjalani et. al., G.R. No.
188314,January 10, 2011)
a. Giving price, offering, reward or promise
mnstrative cases of orincioal hv inducement
Requisites: by using words of command
i. Inducement must be made directly
with the intention of procuring the 1. In a prosecution for falsification of public
commission of the crime; and documents by ·causing it to appear that
ii. Such inducement be the determining persons participated in an act or a
cause of the commission of the crime proceeding when they did not in fact so
by the material executor. participate", Ltc. Guillergan ordered
Technical Sergeant Button to sign the
b. By using words of commands "received" portion of the payrolls as payee to
make it appear that persons whose names
Requisites: appeared on the same had signed the
i. The one uttering the words of document when they in fact did not.
command must have the intention of (Guillergan v. People, G.R. 185493, February 2,
procuring the commission of the 2011)
crime; 2. A married woman suggested to her
ii. He must have an ascendancy or paramour, with whom she had been
influence over the person who ac.ted; maintaining illicit relations to kill her
husband. After killing the husband, the guilty

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CRIMINAL LAW

parties immediately escaped and lived materialized." (People v. Jonjalani et of, G.R. No.
together as husband and wife until the time 188314,Januory 10, 2011)
of their arrest. (U.S. v. lndanan, G.R. No. L-
8187,January 29, 1913) Q: Marivic confided to her friend Gigi that her
marital life had been miserable because she
Q: A asked B to kill C because of grave married an irresponsible and philandering
injustice done to A b y C. A promised B a husband. Gigi remarked: "A husband like that
reward. B was willing to kill C, not so much deserves to be killed." Marivic killed her
because of the reward promised to him but husband. Is Gigi a prindpal by inducement?
because he also had his own long-standing
grudge against C, who had wronged him in the A: NO. A thoughtless expression is not an
past. If C is killed by B, would A be liable as a inducement to kill. The inducement must precede
principal by inducement? (2002 BAR) the act induced and must be so influential in
producing the criminal act that without it the act
A: NO. A would not be liable as principal by would not have been perfected.
inducement because the reward he promised 8 is
not the sole impelling reason which made B to When the criminal liability of the principal by
kill C. To bring the about criminal liability of a co­ inducementacise
principal, the inducement made by the inducer
must be the sole consideration which caused the It arises only when the crime is committed by the
person induced to commit the crime and without principal by direct participation.
which the crime would not have been committed.
The facts of the case indicate that B, the Principal by inducement vis-�-vis Proposal to
killersupposedly induced by A, had his own commitafelony
reason to kill C out of a long-standing grudge.
PRINCIPAL BY PROPOSAL TO
Q: While in training, Asali and others were INDUCEMENT COMMIT A FELONY
told that their mission was to plant bombs in
In both, there is an inducement to commit a
malls, the LRT, and other parts of Metro
crime.
Manila. Rohmat called Asali to confirm that
Trinidad would get two kilos of TNT from Liable only when GR: Proposal to commit a
him, as they were ..about to commence" their the crime is felony is not punishable.
"first mission." They made two separate committed by the
attempts to bomb a bus in Metro Manila, but principal by direct XPN: Proposal to commit
to no avail. The day before the Valentine's participation. treason, coup d'etat,
Day bombing. Trinidad got another two kilos rebellion, sedition
of TNT from Asali. On Valentine's Day, the Abu
Sayyaf Group announced that they had a gift NOTE: However, the
for the former President, Gloria Macapagal­ person to whom the
Arroyo. On their third try, their plan finally proposal is made should
succeeded. Right after the bomb exploded, the not commit the crime;
Abu Sayyaf Group declared that there would othenYise, the
be more bombings in the future. Asali then proponent becomes a
received a call from Rohmat, praising the principal by
former: "So wakas nag success din yung tinuro inducement.
ko sayo". What is the liability of Rohmat?
Effect of the acm,ittal of the orineiaal by
A: Rohmat is criminally responsible as "principal direct participation on the liability of the
by inducement." The instructions and training he orineiaalby inducement
had given Asali on how to make bombs - coupled
with their careful planning and persistent 1. Conspiracy is negated by the acquittal of co­
attempts to bomb different areas in Metro Manila defendant.
and Rohmat's confirmation that Trinidad would 2. One cannot be held guilty of having
be getting TNT from Asali as part of their mission instigated the commission of a crime without
- prove the finding that Rohmat's co-inducement first being shown that the crime has been
was the determining cause of the commission of attually committed by another.
the crime. Such "command or advice was of such
nature that, without it. the crime would not have

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BOOK I - FELONIES

NOTE: If the one charged as principal by direct Illustration: When Sergio had sexual intercourse
participation is acquitted because he acted with the complainant against her will by
without criminal intent or malice, his acquittal is employing force and intimidation, the crime
not a ground for the acquittal of the principal by committed is rape through direct participation.
inducement. When he aided Berto and made it possible for the
latter to have carnal knowledge of complainant
PRINCIPALS BY INDISPENSIBLE also against her will and through force and
COOPERATION intimidation, the accused committed another
crime of rape through indispensable cooperation.
Principal by indispensable cooperation are those Thus, Sergio is guilty of two crimes of
who: consummated rape.

1. Participated diret1:ly in the criminal Q: May there b e cooperation by acts of


resolution; or negligence?
2. Cooperated in the commission of the crime
by performing an act, without which it would A: YES. One who, by acts of negligence,
not have been accomplished. cooperates in the commission of estafa through
falsification or malversation through falsification,
Cooperation in the commission of the offense without which negligent acts the commission of
the crime could not have been accomplished, is a
Cooperation in the commission of the offense co-principal. But one who cooperated in the
means to desire or wish a common thing. But that commission of the crime was held guilty of the
common will or purpose does not necessarily same crime through reckless imprudence.
mean previous understanding, for it can be (Samson v. CA, 103 Phil. 277; People v. Rodis, lOS
explained or inferred from the circumstances of Phil.1294)
each case.
ACCOMPLICES
NOTE: If the cooperation is not indispensable or ART. 18, RPC
with or without his act the crime will be
accomplished, the offender is only an accomplice. AccomoHce C2007 2009 RABl
NOTE: A principal by indispensable cooperation One who, not being included in Art 17 as
may be a co·conspirator under the doc.trine of principal, cooperates in the execution of the
implied conspiracy. He becomes a co·conspirator offense by previous or simultaneous acts which
by indispensable cooperation, although the are not indispensable to the commission of the
common design or purpose was not previously crime.
agreed upon.
An accomplice is also known as an accessory
Illustration: X wanted to kill Y who resides in an before the foct.
island. The only means to reach the island is to
ride on the motorboat owned by A. X told A to Elements
bring him to the island because he is going to kill
Y . A brought X to the island where X killed Y. A is 1. The community of criminal design, that is,
a principal by indispensable cooperation. His knowing the criminal design of the principal
motorboat is the only means to reach the island by diret1: participation, he concurs with the
where Y resides. Without his cooperation, X latter in his purpose;
would not have killed Y. 2. The performance of previous or
simultaneous acts which are not
NOTE: If contributory acts were made after the indispensable to the commission of the crime
crime was committed, the accused cannot be (People v. Tamayo, G.R. No. 138608,
considered to be a principal by indispensable September 24, 2002); and
cooperation. 3. That there be a direct relation between the
acts done by the principal and those
An accused may be both a principal by direct attributed to the person charged as an
oacticioationandancinCioal hv indisoensahle accomplice.
cooperation fAmurao, 20131

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NOTE: In case of doubt, the participation of the purposes of collective


offender will be considered that of an accomplice criminal responsibility.
rather than that of a principal.
Participates in the Participates in the
execution of a adoption or making of
Q: A, wanting to kidnap B while playing at a
crime when the the criminal design.
park, forced B to come with him at a nearby
criminal design or
wharf. There, he saw C and D ready to leave,
plan is already in
with their boats. C, without putting any
lace.
resistance and fully acquiescing to the acts of
Subjected to a Incurs the penalty of a
A allowed him, to transport the kidnapped
penalty one degree principal.
victim, thereby facilitating the commission of
lower than that of
the crime. Is C liable as an accomplice or a
al
principal by indispensable cooperation?

A: C is liable as an accomplice. His act was not Other examoles of roooerarion hv an


indispensable to the commission of the crime Acr-0m0Hre
because A may also use the boat of D in order to
1. By previous oct
accomplish his criminal design. His simultaneous
act was necessary in the execution of the crime. If
Example: Lending a knife or a gun to the
C was the only one who is present in the wharf,
murderer knowing the latter's criminal
and A could not have accomplished the crime
purpose.
except with the participation of C, then C would
be a principal by indispensable cooperation.
2. By simultaneous oct
Test in derenninine whether the offender isa Example: The defendant who held one of the
orinfioal or acromnlice hands of the victim and tried to take away
the latter's revolver, while his co-defendant
In determining whether the offender is a
was attacking him, is an accomplice for he
principal or accomplice, the basis is the
cooperated in the execution of the crime by
importance of the cooperation to the
simultaneous act without any previous
consummation of the crime.
agreement or understanding. (Estrada, 2008)
AccomoHce vis-a-vis Consoiraroc c2onz RABl ACCESSORIES
ART. 19, RPC
ACCOMPLICE CONSPIRATOR
Incurs criminal Participates in the Acressnries 0992 1996 2004 2006 RABl
liability by merely commission of a crime as
cooperating in the a co-principal. Those who do not participate in the criminal
execution of the design, nor cooperate in the commission of the
crime without felony, but with knowledge of the commission of
participating as a the crime, he subsequently takes part in three
principal, by prior ways by:
or simultaneous
acts. 1. Profiting themselves or assisting the offender
Incurs criminal Incurs criminal liability to profit by the effects of the crime;
liability in an not only for his 2. Concealing or destroying the body of the
individual capacity individual acts in the crime or the effects thereof in order to
by his act alone of execution of the crime prevent its discovery; and
cooperating in the but also from the acts of
execution of the the other participants in NOTE: Where the accused misleads the
crime. the commission of the authorities by giving them fa.Jse information,
crime collectively. such act is equivalent to concealment and he
should be held as an accessory.
NOTE: The acts of the
other participants in the 3. Harboring, concealing, or assisting in the
execution of the crime escape of the principal of the crime. (2008
are considered also as BAR)
acts of a consnirator for

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BOOK I - FELONIES

The accessory comes into the picture when the generic term to refer
crime is already consummated, not before the to any kind of
consummation of the crime. unlawful taking, not
iust theft or robberv
NOTE: One cannot be an accessory unless he Mere possession of There is no
knew of the commission of the crime; however. stolen items creates a presumption of
he must not have participated in its commission. presumption of being an accessory
fencine
If the offender has already involved himself as a Fencing is a principal It is necessary to
principal or an accomplice, he cannot be held as crime in itself. As prove that the
an accessory any further even if he performed such, it can stand on principal
acts pertaining to an accessory. its own. There is no committed the
need to prove that crime. Hence,
lnsrances when accessories are not criminallx one is guilty of theft before an accessory
liaJ2I& or robbery could be held liable,
the principal must
1. When the felony committed is a light felony. have been
2. When the accessory is related to the convicted first of
principal as spouse, or as an ascendant, or the crime chare.ed
descendant or as brother or sister whether The penalty is higher Penalty is less than
legitimate, natural or adopted or where the than the penalty of an that imposed in
accessory is a relative by affinity within the accessorv fencine
same degree, unless the accessory himself Mo/um Ma/um in seand
profited from the effet'tS or proceeds of the prohibitum and therefore there is a
crime or assisted the offender to profit therefore there is no need to prove
therefrom. (Art 20, RPC) need to prove criminal intent
criminal intent
Reason: The ties of blood and the The fence need not be Natural person only
preservation of the cleanliness of one's a natural person but
name compels one to conceal crimes may be a firm,
committed by relatives association,
corporation or
PROFITING OR ASSISTING OFFENDER TO partnership or other
PROFIT BY THE EFFECTS OF THE CRIME organization
Illustration: If a person not having participated
One who is charged as a n accessory under Art.
as principal or accomplice in robbery or theft but
1911) may be likewise charged under P.D.
knowing that the property being offered to him is
the proceeds or subject matter of the said crime, 1612 fnr the sameact
bought or purchased or dealt in any manner with
What is prohibited under the Constitution is the
which such property, obtaining benefit from said
prosecution of the accused twice for the same
transattion or helping the thief or robber to
offense.
profit therefrom.
NOTE: The State may choose to prosecute the
NOTE: The accessory must receive the property
offender either under the RPC or P.O. 1612
from the principal. He should not take it without
although preference for the latter would seem
the consent of the principal. If he took it without
inevitable considering that fencing is a
the consent of the principal, he is not an
crime ma/um prohibitum, and P.O. 1612 creates a
accessory but a principal in the crime of theft.
presumption of fencing and prescribes a higher
penalty based on the value of the property.
Po 1612 CFeorioel vis-A-visArt 19C1l of the (Dizon-Pamintuan v. People,, C.R. No. 111426, July
BPC CAccessorvl 11, 1994)

Cocous ctelicci czono RABl


FENCING ACCESSORY
Fencing is limited to Not limited in scope
theft and robbery.
Literally means the body or substance of the
The terms theft and
crime or the fac.t that a crime has been
robbe are used as a

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committed, but does not include the identity of Illustration: Abusing his public office, the
the person who committed it. president of the town of Cabiao refused to
prosecute the crime of homicide and thus made it
The corpus delicti is the body of the crime, not possible for the principal to escape. He refused to
necessarily the corpse. Thus, even if the corpse is make an investigation of the serious occurrence,
not recovered, as long as the killing is established of which complaint was made to him. The
beyond reasonable doubt, criminal liability will municipal president was found guilty as an
arise and if there is someone who destroys the accessory. (U.S. v. Yaca� G.R. No. 110, October 24,
corpus deUctl in order to prevent discovery, such 1902)
act would make him an accessory. (lnovero v.
Coronel, 65 O.G. 3160) If the public officer assisted in the escape of an
accomplice or an accessory. he is not liable under
Elements Qf COCPUS ctelirti Art. 19 par. 3 of the RPC. He is liable, however,
under P.D. 1829 for obstruction of justice.
1. The existence of a certain ac.t or result
forming the basis of the criminal charge; and 2. Private person
2. The existence of a criminal agency as the
cause of the act or result. Requisites:
a. Accessory is a private person;
The mere att of a person of carrying the cadaver b. He harbors, conceals, or assists in the
of one unlawfully killed, when it was buried to escape of the author of the crime (he
prevent the discovery thereof is sufficient to could be a principal, accomplice, or an
make him responsible as an accessory under par. accessory); and
2 of Art. 19. (People v. Gal/eto, G.R. No L-1095,july c. The crime committed by the principal is
31, 1947) either:
i. Treason
Misleading the investigating police officer to ii. Parricide
prevent the discovery of the crime or to help the iii. Murder
offender escape is also an act of destroying iv. Attempt against the life of the
the carpus delicti. President
v. That the principal is known to be
HARBORING OR CONCEALING AN OFFENDER habitually guilty of some other
crime.
Persons that max he held euUtx as an Correlation of guilt of the principal and
accessory bx barhnrioe concealine or
assistlne in the escaoe of the orinfioal of the accessory
wm.e. GR: The accessory cannot be held criminally
1. Public officers liable without the principal being found guilty of
any such crime.
Requisites:
a. Accessory is a public officer; XPN: When the principal was not held liable
b. He harbors, conceals, or assists in the because of an exempting circumstance under Art.
escape of the principal; 12.
c. He acts with abuse of his public
functions; and ACCESSORIES WHO ARE EXEMPT
d. The crime committed by the principal is FROM CRIMINAL LIABILITY
any crime, provided it is not a light ART. 20, RPC
felony.
Accessories who are exemnt from criminal
In the case of a public officer, the crime liability (1998. 2004-. 2010 BAR)
committed by the principal is immaterial. Such
officer becomes an accessory by the mere fact GR: An accessory is exempt from criminal
that he helped the principal escape by harboring, liability, when the principal is his:
concealing, making use of his public funttion and
thus, abusing the same, but the offender whom 1. Spouse
he harbors, conceals, or assist in the escape must 2. Ascendant
be a principal. 3. Descendant

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BOOK I - FELONIES

4. Legitimate, natural, or adopted brother, A week later, Jake was apprehended by the
sister, or relative by affinity within the same police. can Jake's mother and aunt b e made
degree. criminally liable as accessories to the crime of
murder? (2010 BAR)
XPN: Accessory is not exempt from criminal
liability even if the principal is related to him, if A: The mother is exempt from criminal liability
such accessory: under Art. 20 of the RPC as a result of her
relationship to her son; however, the aunt is
1. Profited by the effects of the crime; or liable as an accessory under Art. 19 paragraph 3
2. Assisted the offender to profit from the of the RPC if the author of the crime is guilty of
effects of the crime. murder. The relationship between an aunt and a
nephew does not fall within the dassification for
The exemption provided in this article is based exemption.
on the ties of blood and the preservation of the
cleanliness of one's name, which compels one to MULTIPLE OFFENDERS
conceal crimes committed by relatives so near as (DIFFERENCES, RULES, AND EFFECTS
those mentioned in this article. Nephew and
niece are not included. 1. Recidivism - the offender at the time of his
trial for one crime shall have been previously
A public officer contemplated under par. 3 of Art convicted by final judgment of another crime
19 is exempt by reason of relationship to the embraced in the same title of the RPC.
principal, even such public officer acted with
abuse of his public functions. 2. Reit.eracion - the offender has been
previously punished for an offense which the
Certain accnmolices to he onniShed as law attaches an equal or greater penalty or
principals in certain crimes against chastity for two or more crimes to which it attaches a
lighter penalty.
Under Article 346 of RPC, an ascendant, guardian,
curator. teacher and any person who, by abuse of 3. Habitual delinquency - the offender within
authority or confidential relationship, shall the period of 10 years from the date of his
cooperate as an accomplice in the perpetration of release or last conviction of the crimes of
the crimes embraced in Chapter 2, 3, and 4 of serious or less serious physical injuries,
Book 2, Title 11 (Crimes against Chastity) shall be robbery, theft, estafa or falsification, is found
punished as principals. (Amurao, 2008) guilty of any of the said crimes a third time or
oftener. (Art 62, RPC)
Q: DCB, the daughter of MSB, stole the
earrings of a stranger. MCB pawned the NOTE: It is important that the previous
earrings with TBI Pawnshop as a pledge for convictions refer to the felonies enumerated
PhpS00 loan. During the trial, MCB raised the in Art. 62 of the RPC. If, for example, the
defense that being the mother of DCB, she accused was convicted for illegal sale of
cannot be held liable as an accessory. Will dangerous drugs, he cannot be considered a
MCB's defense prosper? (2004 BAR) habitual delinquent. (People v. Dalawis, G.R.
No. 197925, November 9, 2015)
A: NO. MCB's defense will not prosper because
the exemption from criminal liability of an 4. Quasi-recidivism - Any person who shall
accessory by virtue of relationship with the commit a felony after having been convic.ted
principal does not cover accessories who by final judgment before beginning to serve
themselves profited from or assisted the offender such sentence or while serving such sentence
to profit by the effects or proceeds of the crime. shall be punished by the maximum period
This non-exemption of an accessory, though prescribed by law for the new felony. (Art
related to the principal of the crime, is expressly 160, RPC)
provided in Art. 20 of the RPC.
Recidivism and Relteradon are generic
Q: Immediately after murdering Bob, Jake aggravating circumstances which can be offset by
went to his mother to seek refuge. His mother mitigating circumstances. Habitual delinquency
told him to hide in the maid's quarter until and Quasi-Recidivism, on the other hand, are
she finds a better place for him to hide. After special aggravating circumstances which cannot
two days, Jake transferred to his aunt's house. be offset.

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CRIMINAL LAW

Bem,isites of habitual delinouencx as an NOTE: The total penalties must not exceed 30
aeeravatinecircnmsrance years. (Art 62, RPC)

1. Within a period of 10 years from the date of Ioral oem1lties


his release or last convittion;
2. Of the crime of serious or less serious 1. For the last crime of which he is found guilty;
physical injuries, robbery, theft, estafa or and
faJsification; and 2. Additional penalty.
3. He is found guilty of said crimes a third time
or oftener. NOTE: The imposition of additional penalty for
habitual delinquency is constitutional because it
Offender ran he a recidivist and a habitual is neither an ex post facto law nor an additional
delinauent at the same time punishment for former crimes. It is simply a
punishment on future crimes, the penalty being
When the offender is a recidivist and at the same enhanced on account of the criminal propensities
time a habitual delinquent, the penalty for the of the accused. (People v. Montera, G.R. No. L·
crime for which he will be convicted will be 34431, August 11, 1931)
increased to the maximum period, unless offset
by a mitigating circumstance. After determining Elements ofonasi-reridiyjsm
the corrett penalty for the last crime committed,
an added penalty will be imposed in accordance 1. Offender was already convicted by final
with Art. 62. judgment of one offense; and
2. He committed a new felony before beginning
lllustration: If the pt conviction is for serious to serve such sentence or while serving the
physical injuries or less serious physical injuries same
and the 2nd conviction is for robbery, theft or
estafa and the 3"' is for falsification, then the The offender must be serving sentence by virtue
moment the habitual delinquent is on his fourth of final judgment to trigger the application of Art.
conviction, he is a habitual delinquent and at the 160 of the RPC on quasi·recidivism.
same time a recidivist because at least, the fourth
time will have to fall under any of the three AooHrahmtx ofouasi-reddixism
categories.
Art. 160 of the RPC applies although the next
But there is a limitation in the imposition of offense is different in charac.ter from the former
additional penalties. Under Article 62, "The offense for which the defendant is serving
penalty of the last crime to be committed and the sentence. It makes no difference whether the
additional penalty for the habitual delinquent crime for which an accused is serving a sentence
shall not be more than 30 years." at the time of the commission of the offense
charged, falls under the RPC or under a special
Habitual delinonencx without heine a law.
recidivist {2001. 2009 BAR)
Q: The CFI of Rizal found the defendants guilty
Convic.t can be a habitual delinquent without of the crime of murder and imposed upon
being a recidivist when two of the crimes them the penalty of death by reason of the
committed are NOT embraced in the same title of existence of spedal aggravating circumstance
the Code. of quasi-reddivism. On automatic review by
the Supreme Court, the counsel of the
Additional penalties for habitual delinquency defendants contends that the allegation of
quasi-recidivism in the Information is
1. Upon Jrd convittion - Prislon correctional in ambiguous, as it fails to state whether the
its medium and maximum periods offenses for which the defendants were
2. Upon 4th convic.tion - Prislon mayor in its serving sentence at the time of the
minimum and medium periods commission of the crime charged were
3. Upon 5th or additional conviction - Prlslon penalized by the Revised Penal Code, or by a
mayor in its maximum period to Reclusion special law. ls the argument of the counsel
temporal in its minimum period correct?

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BOOK I - FELONIES

A: NO. For purposes of the effect of quasi­ that the offender ·shall be punished by the
recidivism under Article 160 of the Revised Penal maximum period of the penalty prescribed by
Code, it will be appreciated whether the crime for law for the new felony." Notwithstanding,
which an accused is serving sentence at the time therefore, the existence of mitigating
of the commission of the offense charged, falls circumstances of voluntary surrender and plea of
under said Code or under a special law. (People v. guilty, the imposition of the supreme penalty is in
Peralta, et al., G.R. No. L-15959, October 11, 1961) order. (People v. Alicia and Bangayan, G.R. No. L·
38176, January 22, 1980)
Q: Defendant-appellant, while serving
sentence for the crime of homicide, killed one Pardon of a quasi-recidjvist
Sabas Aseo, for which the CFI of Manila found
him guilty with the crime of murder, meting GR:
him the penalty of death. On appeal to the 1. When he has reached the age of 70 and has
Supreme Court, appellant contend that the already served out his original sentence; or
CFI erred in applying Article 160 of the RPC as 2. When he shall complete it after reaching said
it is applicable only when the new crime age
which is committed by a person already
serving sentence is different from the crime XPN: Unless by reason of his conduct or other
for which he is serving sentence. Is the circumstances, he shall not be worthy of such
defendant correct? clemency.

A: NO. As the new offense need not be different NOTE: This is only directory as the President
or be of different character from that of the cannot be compelled to grant pardon.
former offense. The deduction of the appellant
from the head note of Article 160 of the word Quad-recidivism and rfittrofioa cannot en­
·another" is not called for. The language is plain �
and ambiguous. There is not the slightest
intimation in the text of article 160 that said Quasi-recidivism refers to a situation where the
article applies only in cases where the new second crime is committed DURING the service of
offense is different in character from the former sentence for the first crime. Reiteracion refers to
offense for which the defendant is serving the a situation where the second crime is committed
penalty. Hence, even if he is serving sentence for AFTER service of sentence for the first crime. As
homicide and was later found to be guilty of to reiteracion, the law says "previously
murder, Article 160 applies. (People v. Yabut, G.R. punished."
No. 39085, September 27, 1933)
Q: Layson, Ragub, Fugoso, and Garces were all
Q: While serving sentence for robbery in the serving their sentences in Davao Penal
New Bilibid Prisons, defendants attacked and Colony. One morning, the four, armed with
stabbed three inmates who were confined in bladed weapons, entered the cell of the victim
the prison hospital, resulting in the death of Gasang. Without warning and acting in
one and the infliction of numerous stab concert they swiftly took turns in stabbing
wounds on the others. After said incident, the Gasang. and as a result, the victim died. The
defendants voluntarily surrendered to the four were charged with and convicted of
authorities and plead guilty to said crimes. murder under Article 248, in relation to
The lower court found the defendants guilty Article 160 of the RPC, with the aggravating
of the crime of murder and imposed the circumstances of (1) recidivism against
penalty of death. On automatic review by the Layson and Ragub, and (2) all of them with
Supreme Court, defendants contend that they two or more prior convictions. Is the RTC
should have been given the benefit of the judge correct?
mitigating circumstances of voluntary
surrender and plea of guilty. Is their A: NO. It was error for the trial judge to consider
argument correct? against the accused the aggravating circumstance
of having been previously punished for two or
A: NO. As quasi-recidivism cannot be offset by more crimes to which the law attaches lighter
ordinary mitigating circumstances. Quasi­ penalties because the said aggravating
recidivism is a special aggravating circumstance circumstance of "relteracion" requires that the
which imposes the maximum of the penalty for offender against whom it is considered shall have
the new offense. Article 160 specifically provides served out his sentences for the prior offenses.

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CRIMINAL LAW

Here all the accused were yet serving their


respective sentences at the time of the
commission of the murder. However, the special
circumstance of quasi-recidivism was correctly
considered against all the accused who were at
the time of the commission of the offense were
undoubtedly serving their respective sentences.
(People v. Layson, et al., C.R. No. L-25177, October
31, 1969)

Reiteracion, recidivism, habitual delinquency, and quasi-recidivism djstinguished

HABITUAL
REITERACION RECIDIVISM QUASI-RECIDIVISM
DELIQUENCY
There are two There are at least two There are at least three Felony was committed
convictions. It is convictions. No convictions. Within a after having been
necessary that the prescriptive period on period of 10 years from convicted by final
offender shall the commission of the the date of release or last judgment of an offense,
have served out offense; it does not conviction of the crimes before beginning to
his sentence for prescribe. It is enough covered, he is found serve sentence or while
the first offense. that a final judgment guilty of any of said serving the same.
has been rendered in crimes a third time or
the first offense. oftener.

The previous and Requires that the Crimes covered are First and subsequent
subsequent offenses be included in serious or less serious conviction may or may
offenses must not the same Title of the physical injuries, not be embraced by the
be embraced by Code robbery, theft, estafa, same title of the RPC
the same Title of and falsification
the RPC

Not always It increases the penalty Shall suffer additional Shall be punished by the
aggravating; its to its maximum period penalty maximum period of the
appreciation is penalty prescribed by
within the law for the new felony
discretion of the
court

Includes offenses Felonies under RPC Limited to serious or less First crime for which
under special law only serious physical injuries, the offender is serving
robbery, theft, estofa and sentence need not be a
falsification crime under the RPC but
the second crime must
be one under the RPC

A generic A generic aggravating Extraordinary Special aggravating


aggravating circumstance aggravating circumstance which
circumstance circumstance which may be offset by special
cannot be offset by a privileged mitigating
mitigating circumstance circumstances not by
ordinary mitigating
circumstances

NOTE: If recidivism and relteradon are both present, only recidivism must be appreciated because it is
easier to prove.

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CRIMINAL LAW

OBSTRUCTION OF JUSTICE 7. Soliciting, accepting, or agreeing to accept


P.D. 1829) any benefit in consideration of abstaining
from, discounting, or impeding the
Purpose prosecution of a criminal offender;
8. Threatening directly or indirectly another
To discourage public indifference or apathy with the infliction of any wrong upon his
towards the apprehension and prosecution of person, honor or property or that of any
criminal offenders. It is necessary to penalize immediate member or members of his
acts which obstructs or frustrates or tend to family in order to prevent such person from
obstruct or frustrate the successful appearing in the investigation of, or official
apprehension and prosecution of criminal proceedings in, criminal cases, or imposing a
offenders. condition, whether lawful or unlawful, in
order to prevent a person from appearing in
PUNISHABLE ACTS the investigation of or in officiaJ proceedings
in, criminal cases; and
Any person, who knowingly or willfully 9. Giving of false or fabricated information to
obstructs, impedes, frustrates, or delays the mislead or prevent the law enforcement
apprehension of suspects and the investigation agencies from apprehending the offender or
and prosecution of criminal cases by committing from protecting the life or property of the
any of the following acts: victim; or fabricating information from the
data gathered in confidence by investigating
1. Preventing witnesses from testifying in any authorities for purposes of background
criminal proceeding or from reporting the information and not for publication and
commission of any offense or the identity of publishing or disseminating the same to
any offender/s by means of bribery, mislead the investigator or the court. (P.D.
misrepresentation, deceit, intimidation, 1829, Sec. 1)
force, or threats;
2. Altering, destroying, suppressing, or NOTE: If any of the foregoing atts is committed
concealing any paper, record, document, or by a public official or employees, he shall, in
objec.t, with intent to impair its verity. addition to the penalties provided thereunder,
authenticity, legibility, availability, or suffer perpetual disqualification from holding
admissibiJity as evidence in any public office. (Sec. 2, P.D. 1829)
investigation of or official proceedings in
criminal cases, or to be used in the Q: Senator Juan Ponce Enrile was charged
investigation of, or official proceedings in under P.O. 1829, for allegedly
criminal cases; (2005 BAR) accommodating Col. Gregorio Honasan by
3. Harboring or concealing, or facilitating the gjvlng him food and comfort in 1989. The
escape of, any person he knows, or has complaint states that "knowing that Col.
reasonable ground to believe or suspett, has Honasan is a fugitive from justice, Sen. Enrile
committed any offense under existing penal did not do anything to have Honasan
laws in order to prevent his arrest, arrested and apprehended." While the
prosecution and conviction; complaint was filed, a charge of rebellion
4. Publicly using a fittitious name for the against Sen. Enrile was already instituted. Is
purpose of concealing a crime, evading Sen. Juan Ponce Enrile liable under P.O.
prosecution or the execution of a judgment, 1829?
or concealing his true name and other
personal circumstances for the same A: NO. Sen. Enrile could not be separately
purpose or purposes; charged under P.D. 1829, as this is absorbed in
5. Delaying the prosecution of criminal cases the charge of rebellion already filed against Sen.
by obstructing the service of process or Enrile. (Enrile v. Hon. Admin., C.R. No. 93335,
court orders or disturbing proceedings in September 13, 1990)
the fiscal's offices, in Tanodbayan, or in the
courts; IN COMPARISON WITH ART. 20, RPC
6. Making, presenting, or using any record, ACCESSORIES EXEMPT
document, paper or object with knowledge FROM CRIMINAL LIABILTY
of its falsity and with intent to affect the
course or outcome of the investigation of, or While ArL 20 exempts certain persons from
official proceedings in criminal cases; criminal liability, for being an accessory, P.D.

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BOOK I- PENALTIES

1829 penalizes the act of any person, without primarily on the moral rightfulness of the
any distinction, who knowingly or wilfully punishment inflicted. (Albert)
obstructs, impedes, frustrates or delays the
apprehension of suspec.ts and the investigation NOTE: The basis of the right to punish violations
and prosecution of criminal cases, which is an of penal law is the police power of the State.
act of an accessory. Thus, those exempted as
accessory to the crime committed under the IMPOSABLE PENALTIES
Revised Penal Code can still be prosecuted as ART. 21, RPC
principals for Obstruction of Justice under P.O.
1829. The benefits of the exception provided in Only that penalty prescribed by law prior to the
Art. 20 of the RPC do not apply to P.O.1829 since commission of the felony may be imposed. No
under Art.10 of the Revised Penal Code, offenses person shall be subject to criminal prosecution
which are punishable under special laws are not for any act of his until after the State has defined
subject to the provisions of the Code and shall the crime and has fixed a penalty therefore (US.
only be supplementary to such laws. P.O. 1829, v. Parrone, G.R. No. l-7038,January 7, 1913). It is
being a special law, is thus controlling, with a guaranty to the citizen of this country that no
regard to offenses specially punished. act of his will be considered criminal until the
government has made it so by law and has
Accessncx chareed simulraneoustv underArt provided a penalty.
19(3) and for violating P.D.1829
Siniarinns when a defendant max benefit
A person who harbors, conceals, or assist in the Ctom a tavnrahle cetcoacrive effecr ofa new
escape of an author of the crime can be charged .!.i!.l!!.
simultaneously as accessory under Art. 19(3)
and for violating P.O. 1829. What the 1. The crime has been committed and
Constitution prohibits is putting an accused prosecution begins;
twice in jeopardy for the same offense. 2. Sentence has been passed but service has
not begun; and
PENALTIES 3. The sentence is being carried out. (Escalante
v. Santos, G.R. Na. l-36828, February 2 ,
1932)
GENERAL PRINCIPLES

Peoalfies AooHrahmtv ofthe oriociole of cercoactivirv


to soedal laws
The punishment inflicted by the State for the
transgression of a law. It is applicable even to special laws which
provide more favorable conditions to the
accused. (11.S. v. Soliman, G.R. No. 11555, January
Inridiral conditions ofnenaltv fReves 20171 6, 1917)
1. Productive of suffering, without affecting the
Illustration: R.A. 9346 expressly recognized
integrity of the human personality. that its enac.tment would have retroactive
2. Commensurate with the offense beneficial effects; referring as it did to '"persons
3. Personal - no one should be punished for the whose sentences were reduced to recluslon
crime of another perpetua by reason of this Act". The benefit of
4. legal - it must be a consequence of a Article 22 has to apply, except as to those
judgment according to law persons defined as "habitual criminals." (People
v. Ban, G.R.166401, October 30, 2006)
5. Certain - no one may escape its effects
6. Equal to all
Nnn-aoolicahiHtv nfociociole nfcercoactivitv
7. Correctional
1. A new law increases the civil liability;
Purnose nfthe srare in mmishine crimes 2. A new law is expressly made inapplicable.

The State has an existence of its own to ACT PROHIBITING THE IMPOSITION OF
maintain, a conscience to assert, and moral DEATH PENALTY IN THE PHILIPPINES
principles to be vindicated. Penal justice must, (R.A. 9346)
therefore, be exercised by the State in the
service and satisfaction of a duty and rests

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85 �
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CRIMINAL LAW

Effect of R.A. 9346 rests primarily on the moral rightfulness of the


punishment imposed. (Gregorio, 2008)
The penalty meted out was reduced to reclusion
perpetua. Furthermore, Sec. 3 (R.A. 9346) Effect o f an absolute repeal ofpenal laws
provides that ..persons convicted of offenses
punished with recluslon perpetua, or whose GR: The effect of depriving a court of its
sentences will be reduced to recluslon perpetua, authority to punish a person charged with
by reason of this Act, shall not be eligible for violation of the old law prior to its repeal.
parole under Act No. 4103, known as the (Boado, 2008)
Indeterminate Sentence Law, as amended."
XPN:
Death nenaltv oatabolished 1. Inclusion of a saving clause in the repealing
statute that provides that the repeal shall
Death penalty is not abolished. It is only have no effect on pending actions.
prohibited to be imposed. (People v. Munoz, G.R. 2. Where the repealing act re-enacts the
No. L -3 8969-70, February 9, 1989) former statute and punishes the act
previously penalized under the old law. In
For the purposes of determining the proper such instance, the act committed before the
penalty due to the presence of mitigating and re·enactment continues to be an offense in
aggravating circumstances, or due to the nature the statute books and pending cases are not
of the participation of the offender, it remains in affected, regardless of whether the new
the statute, and it shall be reckoned with. penalty to be imposed is more favorable to
the accused. (Benedicto v. CA, G.R. 125359,
What is prohibited in R.A. 9346 is only the September 4, 2001)
imposition of the death penalty.
Example: R.A. 10158, otherwise known as
NOTE: However, the corresponding civil liability "An Act Decriminalizing Vagrancy•.
should be the civil liability corresponding to
death. (People v. Salome, G.R. No. 169077, August NOTE: There can be an implied repeal of a
31, 2006) penal statute when it is favorable to the
accused. Otherwise, it will have no
Reason: The rights of the offended persons or application pursuant to the rule of
innocent third parties are not within the gift of interpretation against implied repeal of
arbitrary disposal of the state. penal statutes.

Penalries imaosed in Heu of rhe death Repeals by implication are not favored as
oenaltv laws are presumed to be passed with
deliberation and full knowledge of all laws
1. Reclusion perpetua - when the law violated existing on the subject, the congruent
makes use of the nomenclature of the application of which the courts must
penalties of the RPC; or generally presume. (Philippine International
2. Life imprisonment - when the law violated Trading Corp. v COA, G.R. No. 183517, June
does not make use of the nomenclature of 22, 2010)
the penalties of the RPC. (Sec. 2, R.A. 9346)
EFFECT OF PARDON BY THE
Persons convicted of offenses punished with OFFENDED PARTY
recluslon perpetua, or whose sentences will be ART. 23, RPC
reduced to reclusion perpetua, by reason of this
Act, shall not be eligible for parole under Act No. GR: Pardon by the offended party does NOT
4103 otherwise known as the Indeterminate extinguish the criminal liability of the offender.
Sentence Law. (as amended R.A. 9346, Sec 3)
Reason: A crime committed is an offense against
Purpose of the law the State. Only the Chief Executive can pardon
the offenders. In criminal cases, the intervention
For justice, because the State has an existence of of the aggrieved parties is limited to being
its own to maintain, a conscience to assert. and witnesses for the prosecution. (Reyes, 2017)
moral principles to be vindicated. Penal justice

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BOOK I- PENALTIES

Compromise upon the civil liability arising from in rape where there are two or more
an offense may be had; but such compromise principals involved.
shall not extinguish the public action for the
imposition of the legal penalty. (Art. 2034, Civil MEASURES OF PREVENTION OR SAFETY
Code) WHICH ARE NOT CONSIDERED AS PENAL TIES
ART. 24, RPC
A contract stipulating for the renunciation of the
right to prosecute an offense or waiving the Measures of prevention that are not
criminal liability is VOID. (Arts. 1306, 1352, 1409, considered as nenaltx
Civil Code)
1. The arrest and temporary detention of
XPN: Pardon by the offended party will bar accused persons, as well as their detention
criminal prosecution in the following crimes: by reason of insanity or imbecility, or illness
requiring their confinement in a hospital;
1. Adultery ond Concubinage (Art 344, RPC) 2. The commitment of a minor to any of the
institutions mentioned in Art. 80 (now P.D.
EXPRESS or IMPLIED pardon must be given 603, amended by Sec. 36, par 2 & 3 of R.A
by the offended party to BOTH offenders. 9344, as amended by R.A 10603) and for the
Pardon must be given PRIOR to the purposes specified therein;
institution of criminal action. 3. Suspension from the employment or public
office during the trial or in order to institute
2. Seduction, Abduction, Acts of Lasciviousness proceedings;
(Art 344, RPC) 4. Fines and other corrective measures which,
in the exercise of their administrative or
Pardon must be given PRIOR to the disciplinary powers, superior officials may
institution of the criminal action. However, impose upon their subordinates; and
marriage between the offender and the 5. Deprivation of rights and the reparations
offended party EVEN AFTER the institution which the civil law may establish in penal
of the criminal action or conviction of the form.
offender will extinguish the criminal action
or remit the penalty already imposed NOTE: The aforementioned measures are not
against the offender, his co-principals, penalties because they are not imposed as a
accomplices, and accessories after the fact. result of judicial proceedings. They are
(People v. Dela Cerna, G.R. No. 136899-904, PREVENTIVE MEASURES only.
October 9, 2002)
Pnrnnses tor theimooSitlonofoeoalrv under
Pardon by the offended party under Art. 344 the BPC
is only a bar to criminal prosecution; it is not
a ground for extinguishment of criminal 1. Retribution or expiation - penalty is
liability. Civil liability may be extinguished commensurate with the gravity of the
by the express waiver of the offended party. offense.
2. Correctfon or reformation - as shown by the
Article 89, providing for total extinction of rules which regulate the execution of the
criminal liability, does not mention pardon penalties consisting in deprivation of liberty.
by the offended party as one of the causes of 3. Socio/ defense - shown by its inflexible
totally extinguishing criminal liability. severity to recidivists and habitual
(Reyes, 2017) delinquents.

3. Rape (as amended by RA 8353) CLASSIFICATION OF PENALTIES


ART. 25, RPC
The subsequent valid marriage between the
offender and the offended party shall Generalflassifirarions ofneoaltles
extinguish criminal liability or the penalty
imposed. In case the legal husband is the 1. Principal penalties - those expressly imposed
offender, subsequent forgiveness by the wife by the court in the judgment of conviction.
as offended party shall also produce the 2. Accessory penalties - those that are deemed
same effet1:. This however is not applicable included in the imposition of the principal
penalties. (Reyes, 2017)

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Scale in Art. 25 • General classification based on Articles 226, 227, and 228, punishing infidelity
severity, nature, and subject matter. of public officers in the custody of documents,
provide for temporary special disqualification as
Scale in Art. 70 - For successive service of a principal penalty.
sentences imposed on the same accused, in
consideration of the severity and nature. NOTE: It is necessary to employ legal
terminology in the imposition of penalties
Scale in Art 71 -For graduating penalties by because of the substantial difference in their
degrees in accordance with the rules of Art 61. corresponding legal effetts and accessory
penalties. (Boado, 2008)
Prindoal nenalfies accnrdine to their
diviSihilitv Thus, a sentence of '"five years in Bilibid" is
defective because it does not specify the exact
DIVISIBLE INDIVISIBLE penalty on RPC. (U.S. v. Avillar, G.R. No, 9609-11,
Those that have Those which have no October 2, 1914)
fixed duration and fixed duration.
are divisible into e.g. Death, reclusion FINE
three periods. perpetua, perpetual ART.26, RPC
absolute or special As amended by R.A. 10951
disqualification,
ubllc censure. Imnnsitlon offines
Penaltiesaccordine to snhiecr-mauec When a fine is considered afflictive,
correctional or liaht aenalcv
1. Corporal (death)
2. Deprivation of freedom (reclusion, prision, FINE
arresto) Set. Z, R.A. 10951
3. Restriction of freedom (destierro) Aftl1Cbve Over Pl,200,000
4. Deprivation of rights (disqualification and Correctional P40,000 · Pl,200,000
suspension) Li ht Not exceedin P40,000
5. Pecuniary {fine)
NOTE: Same basis may be applied by analogy to
Penalriesaccordine to their eravitv Bond to keep the peace.

1. Capital - death rif)ht fplnnv under Art Q yjs-ta-vis


2. Afflictive - reclusion perpetua to pr;sion Classification affineunderArt 26
mayor
3. Correctional- prislon ART.9(3) ART.26
correccional to destierro A felony punishable by If the amount of fine
4. Light - arresto menor arresto menor or imposed is less than
a fine not exceeding P40,000, it is a light
NOTE: This classification corresponds to the P40,000 is a light penalty.
classification of the felonies in Art. 9: grave, less
grave, and light
NOTE: If the fine prescribed by the law for a
Penalties that ran either he orincioal or felony is exactly P40,000, it is a light
accessory felony because Art. 9 (3), which defines light
felony, should prevail.
1. Perpetual or temporary absolute
disqualification; Considerations by the court in imposing the
2. Perpetual or ammrntof fine
temporary special disqualification;
3. Suspension 1. The mitigating and aggravating
circumstances; and
Illustration: Art. 236, punishing the crime of
anticipation of duties of a public office, provides NOTE: Modifying circumstances are only of
for suspension as a principal penalty. secondary importance. There is subsidiary

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imprisonment if the penalty of fine is not Reclusion 20 yrs. and 1 day to 4-0
paid. (Regalado, 2007) perpetua yrs.
2. More particularly, the wealth or means of Reclusion 12 yrs. and 1 day to 20
the culprit temporal yrs.
6 yrs. and 1 day to 12
NOTE: This is the main consideration in the yrs., except when
imposition of fines. Prision mayor disqualification is
and temporary accessory penalty, in
Penalty cannot b e imposed in the alternative disqualification which case its duration
is that of the principal
The law does not permit any court to impose a penalty
sentence in the alternative, its duty being to
indicate the penalty imposed definitely and 6 mos. and 1 day to 6
positively. (People v. Mercadejas, CA, 54 O.G. yrs., except when
Prision
5707; People v. Tabije, CA, 59 O.G.1922) suspension is an
correccional,
accessory penalty, in
suspension, and
Under the Bench Book in Criminal Procedure which case its duration
destierro
issued by the SC, the imposition of the is that of the principal
alternative penalty may be considered during penalty.
the plea bargaining in the pre-trial of criminal 1 mo. and 1 day to 6
cases. Arresto mayor
mos.

Q: E and M are convicted of a penal law that Arresto menor 1 day to 30 days
imposes a penalty of fine or imprisonment or The period during
both fine and imprisonment. The judge which the bond shall
sentenced them to pay the fine, jointly and Bond to keep the
be effective is
severally, with subsidiary imprisonment in peace
discretionary on the
case of insolvency. (BAR 2005) court

1. Is the penalty proper? Explain.


Penaltv of ceclusion aemeh«o vis-a-v'is l.ife
A: NO. Imposing the penalty of fine jointly and
imorisnnmentCl994 2001 2009 RABl
severally on E and M is not proper. The penalty RECLUSION LIFE
should be imposed individually on every person
PERPETUA IMPRISONMENT
accused of the crime. Any of the convicted
Pertains to the Pertains to the
accused who is insolvent and unable to pay the
penalty imposed for penalty imposed for
fine, shaJI serve the subsidiary imprisonment. violation of the RPC violation of special
laws
2. May the judge impose an alternative
It has fixed duration It has no fixed
penalty of fine or imprisonment? Explain.
duration
A: NO. The judge may not validly impose an It carries with it It does not carry with
accessory penalties it accessory penalty
alternative penalty. Although the law may
prescribe an alternative penalty for a crime, it
does not mean that the court may impose the NOTE: Although reclusion perpetua has been
alternative penalties at the same time. The given a fixed duration, it has remained to be an
sentence must be definite; otherwise, the indivisible penalty. Indivisible penalties have no
judgment cannot attain finality. durations. (Mercado v. People, G.R. No. 149375,
November 26, 2002)
DURATION AND EFFECT OF PENALTIES
ART. 27, RPC Nan,ce ofDesliecco

Duration of each of different penalties Destierro is a principal penalty. It is a


punishment whereby a convict is banished to a
certain place and is prohibited from entering or
coming near that place designated in the
PENALTY DURATION sentence, not less than 25 kilometers but not to
extend beyond 250 kilometers.

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NOTE: If the convict should enter the prohibited When will he be credited with four-fifths
places, he will be committing the crime of C4/Sl of the tlme durine which be has
evasion of service of sentence under Art. 157. uodereone ncevenlive imariSnnment7
Cases when ctestierco ran he imonsed If the detention prisoner does not agree to abide
by the same disciplinary rules imposed upon
1. Serious physical injuries or death under convicted prisoners, he shall do so in writing
exceptional circumstances (Art. 247); with the assistance of a counsel and shall be
2. In the crime of grave threat or light threat, credited in the service of his sentence with four­
when the offender is required to put up a fifths of the time during which he has
bond for good behavior but failed or refused undergone preventive imprisonment.
to do so (Art. 284);
3. As a penalty for the concubine in Credit for preventive imprisonment for the
concubinage (Art 334); and penalty of reclusion perpetua shall be dedutted
4. In cases where after reducing the penalty by from thirty (30) years.
one or more degrees, destlerro is the proper
penalty. Whenever an accused has undergone preventive
imprisonment for a period equal to the possible
PERIOD OF PREVENTIVE IMPRISONMENT maximum imprisonment of the offense charged
DEDUCTED FROM THE TERM to which he may be sentenced and his case is not
OF IMPRISONMENT yet terminated, he shall be released immediately
ART. 29, RPC as amended by R.A. 10592 without prejudice to the continuation of the triaJ
thereof or the proceeding on appeal, if the same
Pceveotiyetmarisonmeot is under review.

Refers to the detention of accused while the case Computation of preventive imprisonment for
against him is ongoing trial either because the purposes of immediate release under this
crime he committed is a non-bailable offense paragraph shall be the actual period of detention
and evidence of guilt is strong; or the crime with good conduct time allowance: Provided,
committed is a bailable offense but he does not however, that if the accused is absent without
have the funds. justifiable cause at any stage of the trial, the
court may motu proprio order the rearrest of the
accused: Provided, finally, that recidivists,
habitual delinquents, escapees and persons
To prevent the Hight of the accused. charged with heinous crimes are excluded from
the coverage of this AcL
GR: Offenders or accused who have undergone
preventive imprisonment shall be credited in the In case the maximum penalty to which the
service of their sentence consisting of accused may be sentenced is destierro, he shall
deprivation of liberty, with the full time during be released after thirty (30) days of preventive
which they have undergone preventive imprisonment.
imprisonment if:
NOTE: A child in conflict with the law shall be
The detention prisoner agrees voluntarily in credited in the services of his/her sentence with
writing, after being infonned of the effects the full time spent in the actual commitment and
thereof with the assistance of counsel, to abide detention. (Sec. 41, RA 9344)
by the same disciplinary rules imposed upon
convicted prisoners. EFFECTS OF THE PENALTIES ACCORDING
TO THEIR RESPECTIVE NATURE
XPNs: ART. 31-35, RPC

1. When they are recidivists, or have been Effecrs nroduced hv the oeoaltjes of
convicted previously twice or more times of perpetual or temporary absolute
any crime; and disqualification for public office (Art 30.
2. When upon being summoned for the BW
execution of their sentence, they have failed
to surrender voluntarily. 1. Deprivation of public offices and
employments, even if by election;

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2. Deprivation of right to vote or be elected to earlier cited, provides that the penalty of
such office; perpetual absolute disqualification has the effect
3. Disqualification for the offices or public of depriving the convitted felon of the privilege
employments and for the exercise of any of to run for elective office. lja/osjos v. COMELEC,
the rights mentioned; and C.R. No. 205033,June 18, 2013)
4. Loss of right to retirement pay or pension
for any office formerly held. Pernetual absolute dismialification xis-A-xis
Temporary absolute disqualification
Iemonrnrx absolute disoualifiration
GR: In temporary absolute disqualification, the PERPETUAL TEMPORARY
disqualification shall last during the term of the ABSOLUTE ABSOLUTE
sentence. DISQUALIFICATION OISQUALIFICATION

XPNs: Effettive during the Disqualification lasts


lifetime of the convict during the term of the
1. Deprivation of the public office or and even after the sentence, and is removed
employment; and service of the after the service of the
2. Loss of all rights to retirement pay or other sentence. same, except:
pension for any office formerly held.
1. Deprivation of the
NOTE: Plebiscite is NOT mentioned or even public
contemplated under Art. 30, par. 2; hence, the office/employment; and
offender may vote in that exercise, subject to the 2. Loss of all rights to
provisions of pertinent election laws. retirement pay or other
pension for any office
Q: Jalosjos was convicted b y final judgment of former! held.
the crimes of rape and acts of lasciviousness.
He was sentenced to suffer the penalty of Effects produced by the penalties of
reclusion perpetua and reclusion temporal perpetual or temporary special
which carried the accessory penalty of diSm,aUficatlon fnr ouhlic office nrofession
perpetual absolute disqualification. or calling (Art 31.RPQ
President Arroyo subsequently issued an
Order of Commutation which reduced his 1. Deprivation of the office, employment,
prison term. profession or calling affected; and
2. Disqualification for holding similar offices or
After serving his sentence, he filed his employments perpetually or during the
certificate of candidacy seeking to run as term of the sentence.
mayor. Jalosjos contends that Art. 30 of RPC
was partially amended by the Local
Effects oroduced hx the nenalties of
Government Code and thus, his perpetual oernen,al or temnoracx snefial
absolute disqualification had already been disqualification for the exercise of the right
removed. Is the contention meritorious?
ofsuffraeeCdct 12 BPQ
A: NO. Well-established is the rule that every 1. Deprivation of right to vote or to be elected
new statute should be construed in connection to any public office; and
with those alre,ady exciting in relation to the 2. Cannot hold any public office during the
same subject matter and should be made to period of disqualification.
harmonize and stand together, if possible.
Effects oroduced hx the nenalties of
In this case, while Section 40(a) of the LGC suspension from any public office, profession
allows a prior convict to run for local elective
or calline or the rieht of snfCtaee (Art 11
office after the lapse of two (2) years from the B£iJ
time he serves his sentence, the said
provision should not be deemed to cover cases 1. Disqualification from holding such office or
wherein the law imposes a penalty, either as exercising such profession or calling or right
principal or accessory, which has the effett of of suffrage during the term of the sentence;
disqualifying the convitt to run for elective and
office. In this relation, Article 30 of the RPC, as

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2. If suspended from public office, the offender 1. Present two sufficient sureties who shall
cannot hold another office having similar undertake that the offender will not commit
functions during the period of suspension. the offense sought to be
prevented, and that in case such offense be
DiSaualificatlon is notadenial ofooe·s rieht committed they will pay the amount
determined by the court; or
Disqualification is withholding of privilege only. 2. Deposit such amount with the clerk of court
It is imposed for protection not for punishment. to guarantee said undertaking; or
The presumption is that one rendered infamous 3. The offender may be detained, if he cannot
by conviction of felony, or other base offenses give the bond, for a period not to exceed 6
indicative of moral turpitude, is unfit to exercise months if prosecuted for grave or less
the privilege of suffrage or to hold office. (People grave felony, or for a period not to exceed 30
v. Corral, G.R. No. 42300, January 31, 1936) days, if for a lightfelony.

Q: Cataquiz argues that the imposition of the Rood to keen the neace vis-ti-vis Railhood
prindpal penalty of dismissal i s rendered
impossible by his removal from
office. Consequently, citing the rule that the BOND TO KEEP
BAIL BOND
accessory follows the principal, he insists THE PEACE
that the accessory penalties may no longer be
imposed on him. Is he correct? It is imposed as a It is posted for the
distinct provisional release of
A: NO. The accessory penalties of penalty (Art. 284). an accused person
disqualification from re-employment in public after his arrest or
service and forfeiture of government retirement during trial but
benefits can still be imposed on him, before final
notwithstanding the impossibility of effecting judgment of
the principal penalty of dismissal because of his conviction. (Rule 114,
removal from office. Even if the most severe of Revised Rules of
administrative sanctions - that of separation Crlmlnal Procedure
from service - may no longer be imposed, there
are other penalties which may be imposed on Bond to keep peace vis-�•vis Bond for good
her if she is later found guilty of administrative behavior
offenses charged against her, namely, the
disqualification to hold any government office
and the forfeiture of benefits. (O.P. v. BOND TO KEEP THE BOND FOR GOOD
Catoquiz, G.R. No. 183445, September 14, 2011 PEACE BEHAVIOR
reiterating Pagano v. Nazarro, Jr.)
Failure to post a bond The legal effect of
Cjyjl lnrecdittion (BPC An 14 RPC) to keep the peace failure to post a
results to bond for good
It is an accessory penalty which produces the imprisonment either behavior is not
following effects: for 6 months or 30 imprisonment
days, depending on but destierro under
1. Deprivation of the rights of parental whether the felony Article 284
authority or guardianship of any ward; committed is grave or
2. Deprivation of marital authority; and less grave on one
3. Deprivation of the right to manage his hand, or it is light only
property and of the right to dispose of such
property by any act or any conveyance inter It is not applicable to It is applicable only
vivos. any particular case to cases of grave
threats and light
NOTE: Offender may dispose such property threats
by will or donation mortis causa.
PARDON, ITS EFFECTS
Duties of a person sentenced to give bond to ART. 36, RPC
keep the peace CArt 3S. RPCI
Effecrs ofoacdon hv rhe ncesideor·

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GR: A pardon shall not restore the right to hold Chief Executive can
public office or the right of suffrage. (2015 BAR) order the immediate
incarceration of the
XPN: When any or both such rights is/are offender under the
expressly restored by the terms of the pardon; Administrative Code.
or if it is an absolute pardon
NOTE: Offended party can waive the civil
NOTE: Pardon shall not exempt the culprit from liability. Pardon should be given before the
the payment of the civil liability. institution of criminal prosecution and must be
extended to both offenders (Art. 344, RPC).
Limitations upon the exercise of the
nacdonine oower This is applicable only in cases of private crimes:

1. That the power can be exercised only after 1. Seduction


convit1:ion "by final judgment"; 2. Abduction
2. That such power does not extend to cases of 3. Acts of lasciviousness
impeachment; 4. Rape
3. No pardon, amnesty, parole or suspension of
sentence for violation of election laws, rules, CONFISCATION AND FORFEITURE OF THE
and regulations shall be granted by the PROCEEDS OR INSTRUMENTS OF THE CRIME
President without the favorable ART. 45, RPC
recommendation of the COMELEC; and
4. It cannot exempt the offender from the GR: Every penalty imposed shall carry with it
payment of civil indemnity. the confiscation of the proceeds of the crime and
the instruments or tools with which it was
GR: When the principal penalty is remitted by committed. Such proceeds, instruments or tools
pardon, only the effect of that principal penalty shall be confiscated and forfeited in favor of the
is extinguished, but not the accessory penalties Government.
attached to it.
XPN: They are properties belonging to a third
XPN: When an absolute pardon is granted after person who is not liable for the offense.
the term of imprisonment has expired, it
removes what is left of the consequences of NOTE: Said properties should not have been
conviction. placed under the jurisdiction of the court
because they must be presented in evidence and
Absolute oacdon vis-ta-vi£ Conditional oardoo identified in judgment.

CONDITIONAL XPN to the XPN: Articles which are not subject


ABSOLUTE PARDON to lawful commerce shall be destroyed.
PARDON
Art 89, RPC
Art 94, RPC
An act of grace An act of grace Q: Can a third person invoke the provision of
received from the granted by the Chief Article 45 of the Revised Penal Code or
power entrusted with Executive but is Section 20 of RA. 9165 (which provides that
the execution of the subject to stritt every penalty imposed therein shall carry
law which exempts conditions that the with it forfeiture and confiscation in favor of
the offender from the offender must comply the government unless they are property of a
penalty prescribed by third person not liable for the unlawful act)
law for the crime to recover bis property which has been taken
committed by the authorities while the main case is
Totally extinguishes Partially extinguishes ongoing?
criminal liability. civil liability.
A: NO. The status of any article confiscated in
Complete even No force until it is relation to the unlawful act for the duration of
without acceptance accepted. Thus, failure the trial in the RTC as, being in custodia /egis, is
to comply would primarily intended to preserve it as evidence
result to evasion of and to ensure its availability as such. To release
service of sentence. it before the judgment is rendered is to deprive
fArt. 159). Also, the the trial court and the parties' access to it as
evidence. Forfeiture, if warranted pursuant to

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either Article 45 of the Revised Penal Cade and NOTE: For Nos. 1 and 2, see table on the
Section 20 of R.A. No. 9165, would be a part of application of Articles 50-57 of the RPC.
the penalty to be prescribed. The determination
of whether or not any article confiscated in PRIVILEGED ORDINARY
relation to the unlawful act would be subject of MITIGATING MITIGATING
forfeiture could be made only when the
judgment is to be rendered in the
CIRCUMSTANCE
Adjust . .. ... . . . ..
CIRCUMSTANCE
.
proceedings. (PDEA v. Brodett, G.R. No. 196390,
September 28, 2011)
b de ree
Not subject to the
offset rule
.. to the offset

APPLICATION OF PENALTIES
ART. %-77, RPC What are the privileged mitigating
Ciccumsrances1mdectheBPC?
Penalties are applied based on:
1. When the offender is a minor under 18
1. The stages of commission of the felony: years of age (Art 68, RPC) (2013, 2014
a. Consummated BAR);
b. Frustrated 2. When the crime committed is not wholly
c. Attempted excusable (Art 69, RPC);
3. When there are l\vo or more mitigating
2. The offenders and their participation: circumstances and no aggravating
a. Principal circumstance, the court shall impose the
b . Accomplice penalty next lower to that prescribed by law,
c. Accessory in the period that it may deem applicable,
according the number and nature of such
3. Aggravating and mitigating circumstances. circumstances (Art 64, par. 5, RPC) (1997
BAR);
COMPUTATION OF PENALTY 4. Voluntary release of the person illegally
detained within 3 days without the offender
Eaaors that should he considered in attaining his purpose and before the
commnine the orooer imonsahleoenaltx institution of the criminal action (Art 268,
par. 3, RPC);
1. Prescribed or graduated penalty 5. Abandonment without justification by the
2. Indivisible or divisible penalty offended spouse in case of adultery (Art
3. Applicability or non-applicability of the 333, par. 3, RPC); and
Indeterminate Sentence Law 6. Concealing dishonor in case of infanticide.
(Art. 255, par. 2, RPC)
PRESCRIBED OR GRADUATED PENALTY
NOTE: If it is the maternal grandparent who
committed the offense to conceal dishonor, the
Prescribed oenaltx penalty imposed is one degree lower. If it is the
The prescribed penalty is that found in Book II of pregnant woman who committed the offense to
the Revised Penal Code. conceal dishonor, the penalty imposed is two
degrees lower. In case of concealing dishonor by
Graduated penalty a pregnant woman in abortion, the imposable
penalty is merely lowered by period and not by
The graduated penalty is the imposable penalty degree, hence, not a privileged mitigating
after taking into consideration certain circumstance.
graduating factors.
What are the orivHeeed mitieatlne
What are the graduating factors? drcumsrances contemolared1mderArt 69 of
theBPC,
1. Stages of execution;
2. Nature of participation; and 1. Incomplete justifying circumstances (Art 11,
3. Presence of privileged mitigating RPC); and
circumstance. 2. Incomplete exempting circumstance (Art
12, RPC)

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Provided, that the majority of their conditions Compound penalty - composed of two
are present. penalties
Complex penalty- consists of three penalties.
For Art. 69 of the RPC to apply, it is necessary
that: Whether the prescribed penalty is single,
compound, or complex, the graduated penalty is
1. Some of the conditions required to justify single and full penalty.
the deed or to exempt from criminal
liability are lacking; Examples:
2. The majority of such conditions are a. Homicide - prescribed penalty is single
nonetheless present; and penalty of reclusion temporal:
one degree lower is prision mayor
NOTE: If there are only two requisites, the two degrees lower is prision
presence of one is already considered as correctional
majority.
b. Murder - prescribed penalty is compound
3. When the circumstance has an penalty of reclusion perpetua to death:
indispensable element, that element must one degree lower is reclusion temporal
be present in the case. (Regalado, 2007) two degrees lower is prision mayor

Instances when mitigating and aggravating c. Treason committed by a resident alien -


circumstances are not considered in the prescribed penalty is complex penalty of
imooSitlon ofoenaltv reclusion temporal to death:
one degree lower is prision mayor
1. When penalty is single and indivisible; two degrees lower is prision
2. In felonies thru negligence; correctional
3. The penalty to be imposed upon a Moro or
other non-Christian inhabitants. It lies in the
Sec.nod ode: If the prescribed penalty is in
discretion of the trial court, irrespective of period, then the graduated penalty is also in
the attending circumstance;
period
4. When the penalty is only a fine imposed by
an ordinance; and Single period- one full period
5. When the penalties are prescribed by
Compound penalty- composed of two periods
special laws.
Complex penalty- consists of three periods
Twodassifirations ofoenalries Examples:
a. Technical malversation - the prescribed
1. Indivisible penalty is single period of prision
2. Divisible· can be divided into 3 periods: correccional in its minimum period:
a. Minimum one degree lower is arresto mayor in its
b. Medium maximum period
c. Maximum two degrees lower is arresto mayor in
its medium period
Period vis-A-vis Percee
b. Theft - the prescribed penalty is compound
PERIOD DEGREE
period of pr;sion correcclonal in its medium
Refers to each of the Refers to the diverse period to pns,on correccional in its
three equal parts of penalties mentioned by maximum period:
a divisible penalty name in the Revised one degree lower is arresto mayor in its
(Minimum, Medium, Penal Code. maximum period to pr;sion correccional
Maximum in its minimum period
two degrees lower is arresto mayor in
Rules on Graduation of Penalties its minimum period to arrestor mayor in
its medium period
First rule: Where the graduated penalty is a
single full penalty c. Simple robbery - the prescribed penalty is
complex period of pr;sion correccional in its
Single penalty- one full penalty

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maximum period to prlsfon mayor in its Second rule: The law prescribes two (2)
medium period: indivisible penalties
one degree lower is arrestor mayor in its
maximum period to prlsfon correcclonal When the penalty is composed of two indivisible
in its medium period penalties, the following rules shall be observed:
two degrees lower is destlerro in its
maximum period to arresto mayor in its 1. When there is only one aggravating
medium period circumstance, the greater penalty shall be
imposed;
Third rule: When the prescribed penalty is 2. When there is neither mitigating nor
composed of a full penalty and penalties with aggravating circumstances, the lesser penalty
period shall be imposed;
3. When there is a mitigating circumstance and
Example: no aggravating circumstance, the lesser
Section S(b) of R.A. 7610 - the prescribed penalty shall be imposed; and
penalty is rec/uslon temporal in its medium 4. When both mitigating and aggravating
period to reclusion perpetuo - the graduated circumstances are present, the court shall
penalty must be a complex period one degree allow them to offset one another. (1995
lower is prision mayor in its medium period to BAR)
recluslon temporal in its minimum period.
There is only one prescribed penalty consisting
DIVISIBLE OR INDIVISIBLE PENALTIES of two (2) indivisible penalties, that is reclusion
perpetua to death for the following crimes under
BUI&5 FOB THE APPI.ICAIION OF the RPC:
INOIYISIRI EPENAtIIES (ABT 61 RPQ
1. Parricide; (Art 246, RPC)
What are the indivisible penalties? 2. Robbery with homicide; (Art. 294, par. 1,
1. Reclusion perpetua; RPC)
2. Death; and 3. Kidnapping and serious illegal detention
3. Reclusion perpetua to death. (Componil/a, without intention to exort ransom; and (Art
2017) 267, RPC)
4. Rape committed with the use of a deadly
first rule· The law ncesccihes a Sinele weapon or by two or more persons. (Art
indiv'isihle nenaltv 266-8, RPC)

Whatever may be the nature or number of Applying the off-set rule, only one aggravating
aggravating or mitigating circumstance that may circumstance will remain. Thus, the greater
have attended the commission of the crime, the penalty which is death is the proper imposable
court shall apply the prescribed penalty. penalty. However, because of R.A. 9346, the
penalty will be reduced to reclusion perpetua.
Examples:
a. Simple rape - the prescribed penalty is Q: The crime is parridde. There are two (2)
reclusion perpetua aggravating drcumstance and two (2)
b. Qualified rape - the prescribed penalty is mitigating drcumstance. What is the proper
death imposable penalty?

Q: The crime committed is simple rape, and A: Applying the off-set rule, no modifying
the penalty is reclusion perpetua. There are circumstance will remain. Since there is neither
two mitigating drcumstances. Can you mitigating nor aggravating circumstance, the
apprecfate the two mitigating circumstances, lesser penalty which is reclusion perpetua is the
to appreciate the special mitigating proper imposable penalty.
drcumstance, for purposes of making the
penalty one degree lower? Two kinds nfceduSino necnernaIACNo15-
8-2 Auaust4 201n
A: NO. The special mitigating circumstance
consisting of two mitigating circumstances is 1. Reclusion perpetua as a reduced penalty -
found under Art. 64. There is no special the penalty is death but it was reduced to
circumstance in Art. 63 of the RPC. reclusion perpetua because ofR.A. 9346.

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BOOK I- PENALTIES

2. Reclusion perpetua as a prescribed Aooliration oferad1mted scale CAa Zl RPO


penalty - reclusion perpetua is the penalty
prescribed by law. The graduated scale is followed when the law
prescribes a penalty lower or higher by one or
NOTE: Whether reclusion perpetua is a reduced more degrees than another given penalty.
penalty or a prescribed penalty, the accused is
not eligible for parole. Accordingly, the SCALE 1 SCALE 2
Indeterminate Sentence Law is not applicable.
1. Death 1.Perpetual or
RULES FOR THE APPLICATION OF DMSIBLE 2. Reclusion Temporary
PENAL TIES [ART. 64. RPCl Perpetua Absolute
3. Reclusion Disqualification
What are the divisible penalties? Temporal 2. Suspension from
1. Penalty composed of three (3) periods; 4. Prision Mayor Public Office, the
2. Penalty not composed of three (3) periods; 5. Prision right to vote and
3. Complex penalty; and Correccional to be voted for,
4. Penalty without a specific legal form. 6. Arresto Mayor the profession or
(Campanil/a, 2017) 7. Destierro calling
8. Arresto Menor 3. Public Censure
1. PENALTY COMPOSED OF THREE (3) 9. Public censure 4. Fine
PERIODS 10. Fine

When the penalty is composed of three (3) Rule in increasing the penalty of fine by one
periods, the following rules shall be observed: or more decrees CAa 75 RPQ
a. When there is neither aggravating nor Fines shall be increased or reduced for each
mitigating: the penalty in its medium period degree by 1/4 of the maximum amount. The
shall be imposed; minimum amount prescribed by law shall not be
b. When there is only a mitigating circumstance: changed.
the penalty in its minimum period shall be
imposed;
c. When there is only an aggravating
circumstance: the penalty in its maximum
period shall be imposed;
d. When there are aggravating and mitigating -
the court shall offset those of one class
against the other according to relative
weight;
e. Two or more mitigating and no aggravating -
penalty next lower, in the period applicable,
according to the number and nature of such
circumstances; and
f. No penalty greater than the maximum period
of the penalty prescribed by law shall be
imposed, no matter how many aggravating
circumstances are present.

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CRIMINAL LAW

Penalties imposed on principals, accomplices, accessories, in accordance to the stages of


committioeafelnov CAa S0-57 RPQ

CONSUMMATED FRU STRATED ATTEMPTED

2 degrees lower than the


Penaltyprescribed by 1 degree lower than the
PRINCIPALS penaltyprescribed by
law for the offense. penaltyprescribed bylaw
law

3 degrees lower than the


1 degree lower than the 2 degrees lower than the
penaltyprescribed by
ACCOMPLICES penalty prescribed by penalty prescribed by law
law for a frustrated
law. for a frustrated felony
felony

4 degrees lower than the


2 degrees lower than 3 degrees lower than the
penaltyprescribed by
ACCESSORIES the penaltyprescribed penaltyprescribed bylaw
law for an attempted
bylaw for an attempted felony
felony

NOTE:

GR:
1. Penalties are imposed upon the principals.
2. Whenever the law prescribes a penalty for a felony in general terms, it shall be understood to
applyto a consummated felony.

XPN: This shall not applyif:


1. The law expresslyprovides penalties for accomplices and accessories of a crime.
2. The law expresslyprovides penalties for frustrated and attempted stages .

Additional neoalties imonsed ro cecraio


accessories (Art SR BPQ latter shall be imposed in its maximum
period.
Those accessories falling within the terms of par. 2. If the penalty prescribed for the felony
3, Art. 19 of the Revised Penal Code who shall act committed is lower than the penalty
with abuse of their public functions shall suffer prescribed for the felony originally
an additional penaltyof: intended, the penalty corresponding to the
former shall be imposed in its maximum
1. Absolute Perpetual Disqualification, if the period.
principal offender is guiltyof a grave felony. 3. The rule in the next preceding paragraph
2. Absolute Temporary Disqualification, if the shall not apply if the acts committed by the
offender is guiltyof a less grave felony. guiltyperson shall constitute an attempt or
frustration of another crime. If the law
Penalties tn he imonsed unon orincinals prescribes a higher penalty for either of the
when the crime consummated was different latter offenses, such penalty shall be
fromthatwhich wasintended CAa49 RPO imposed in its maximum period.

Rules: Penalties that may be simultaneously served

1. If the penalty prescribed for the felony 1. Perpetual absolute disqualification


committed is higher than the penalty 2. Perpetual special disqualification
prescribed for the felony originally 3. Temporaryabsolute disqualification
intended, the penalty corresponding to the 4. Temporaryspecial disqualification
5. Suspension

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BOOK I - PENALTIES

6. Destlerro 1. The Maximum Term - is that which in view


7. Public censure of the attending circumstances could be
8. Fine and bond to keep the peace properly imposed under the RPC.
9. Civil interdiction
10. Confiscation and payment of costs 2. The Minimum Term - is within the range of
the penalty next lower to that prescribed by
APPLICATION OF PENALTIES the RPC.

INDETERMINATE SENTENCE LAW Prescribed penalty is what the penalty is


without looking at the circumstances. As
R.A. 4103, AS AMENDED BY ACT NO. 4225
opposed to imposed penalty which takes into
APPLICATION ON THE IMPOSED SENTENCE account the circumstances.

GR: The Indeterminate Sentence Law is


Indererminare sentence mandatory in all cases.
An indeterminate sentence is a sentence with a
XPN: If the accused fall in any of the following
minimum term and a maximum term which the
court is mandated to impose for the benefit of exceptions:
the guilty person who is not disqualified to avail
1. If sentenced with a penalty of death or life
thereof. The maximum imprisonment of the
guilty person must exceed 1 year. imprisonment;
2. If convicted of treason, conspiracy,
proposal to commit treason;
Purnnse 3. If convicted of misprision of treason,
sedition, rebellion or espionage;
To avoid prolonged imprisonment because it is
4. If convicted of piracy;
proven to be more destructive than construttive
to offenders. 5. If the offender is a habitual delinquent;
6. Those who escaped from prison or evaded
sentence;
In imposing a prison sentence for an offense
punished by the RPC or special penal laws, the 7. Those who violated the terms of
conditional pardon of the chief executive·
court shall sentence the accused to an
8. Where the maximum term · of
indeterminate sentence, which has a maximum
and a minimum term based on the penalty imprisonment does not exceed 1 year;
actually imposed. 9. If convicted by final judgement at the time
of the effectivity of Act No. 4103; and
10. If penalized with suspension or destierro.
Imonsition ofminimum or max•imum tenn
Q: X was convicted of a complex crime of
The term minimum refers to the duration of the
direct assault with homidde aggravated by
sentence which the convict shall serve as a
minimum to be eligible for parole. The term the commission of the crime in a place where
public authorities are engaged in the
maximum refers to the maximum limit of the
discharge of their duties. The penalty for
duration that the convict may be held in jail. For
speciaJ laws, it is anything within the inclusive direct assault is prision correccional in its
medium and maximum period. What is the
range of prescribed penalty. Courts are given
correct indeterminate penalty? (2012 BAR)
discretion in the imposition of the indeterminate
penalty.
A: 10 years of pr;sion mayor as minimum to 17
years & 4 months of reclusion temporal as
Application of the Indeterminate Sentence Law
must be considered when required to solve maximum.
penalties under Article 64 (Rules for the
Reason: 17 years and 4 months is the
application of penalties which contain three
periods). (2014 BAR) commencement of the duration of the maximum
period of reclusion temporo/ while 10 years is
part of prls;on mayor, the penalty next lower in
Rules in imonsine a oenaltv under the degree to reclusion temporal.
inderecmimne sentence law CJ999 2005
2009 2010 2013 RAB) NOTE: In determining penalties for a complex
When penalty is imposed by RPC: crime, the graver penalty shall be considered

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CRIMINAL LAW

thus direct assault is there to confuse the unlawful aggression. But there was no
examiner. What should be considered is the provocation coming from Bruno, therefore, there
penalty for homicide since it is graver. The was a lack of sufficient provocation. Hence, two
maximum should not exceed what is prescribed elements of self-defense are present.
by the penalty. The minimum should be a period
less than what is prescribed as a minimum for Q: How about the 3rd element of self-defense,
the penalty. reasonable necessity of the means employed
to prevent or repel the attack, is this present?
When oenaltv is imonsed
bx Soefial Penal JawCl994 RABl A: NO. The third element of self-defense is
absent because based on the facts proven by
1. Maxlmum Term - must not exceed the Bruno, although it was the man who attacked
maximum term fixed by said law. Bruno first, he prevailed upon the man because
2. Minimum Term - must not be less than the he made use of a knife and stabbed the man.
minimum term prescribed by the same. While the man attacked Bruno by means of his
(2003 BAR) fist, it is not reasonably necessary for Bruno to
make use of a knife in killing the man. So what
Q: Bruno was charged with homidde for we have is an incomplete self·defense.
killing the 75-year old owner of his rooming
house. The prosecution proved that Bruno Under paragraph 1 of Article 13, in case of
stabbed the owner causing his death, and incomplete self-defense, if aside from unlawful
that the killing happened at 10 in the evening aggression, another element is present but not
in the house where the victim and Bruno all, we have a privileged mitigating
Jived. Bruno, on the other hand, successfully circumstance. Therefore, this incomplete self
proved that he voluntarily surrendered to defense shall be treated as a privileged mitigating
the authorities; that he pleaded guilty to the circumstance.
crime charged; that it was the victim who
first attacked and did so without any Q: The prosecution was able to prove that the
provocation on his (Bruno's) part, but he man is 75 years old. Would you consider the
prevailed because he managed to draw his aggravating circumstance of disrespect of
knife with which he stabbed the victim. The age?
penalty for homicide is reclusion temporal.
Assuming a judgment of conviction and after A: NO. Even if Bruno killed the said 75-year-old
considering the attendant circumstances, man, there was no showing in the problem that
what penalty should the judge impose? (BAR he disrespected the age of the man.
2013)
Q: Would you consider nighttime as an
A: Bruno should be sentenced to an aggravating circumstance?
indeterminate sentence penalty of arresto
mayor in any of its period as minimum to A: NO. Even if the problem says that the crime
prision correccional in its medium period as was committed at 10 in the evening, it did not
maximum. Bruno was entitled to the privileged say whether the house was lighted or not. There
mitigating circumstances of incomplete self· was also no showing that the offender
defense and the presence of at least two deliberately sought nighttime to commit the
ordinary mitigating circumstances (voluntary crime.
surrender and plea of guilt) without any
aggravating circumstance under Art. 69 and 64 Q: Would you consider dwelling?
(5) of the RPC respectively, which lowers the
prescribed penalty for homicide which is A: NO. In the said dwelling both Bruno and the
reclusion temporal to prision correccional. victim are residing. Therefore, dwelling is not an
aggravating circumstance because both of them
furtherExolanatlon are living in the same dwelling. It cannot be said
that when Bruno killed the man, he disrespected
In this kind of question, the Bar examiner wants the dwelling of the said man. Therefore, we have
you to determine whether there was self· no a99ravatln9 drcumstance present.
defense or not. The problem provides that the
defense was able to prove that it was the man Bruno was able to prove voluntary surrender,
who first attacked Bruno; therefore, there was voluntary plea of guilt, and then we have an

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incomplete self-defense a privileged known as the Dangerous Drugs Act of 1972,


mitigating circumstance. as amended, for the sale of the four
marijuana tea bags with a total weight of only
Applying these conclusions, we have two (2) 3.8 grams. The trial court convicted Simon as
ordinary mitigating circumstances with one (1) charged but only in relation to the sale of the
privileged mitigating circumstance and with no two marijuana tea bags, and sentenced him
aggravating circumstance. to suffer the penalty of life imprisonment, to
pay a line of P20,000.00, and to pay the costs.
Howmcomante rhe nenaltv
a) ts the trial court correct in imposing the
1. Consider first the Privileged Mitigating penalty of life imprisonment?
Circumstance. b) Should modifying circumstances be taken
into account in this c.ase?
Whenever there is a privileged mitigating c) Is Simon entitled to the application of the
circumstance present, apply it first before Indeterminate Sentence Law?
computing the penalty. In this example,
since we have incomplete self·defense, you A:
have to lower the penalty by one degree
because it is a privileged mitigating a.NO.
circumstance. Thus, it will become pn'sion
mayor. As applied to the present case, Section 4 of R.A.
6425, as now further amended, imposes the
2. Consider the Ordinary Mitigating penalty of reclusion perpetua to death and a fine
Circumstance. ranging from P500,000 to Pl0,000,000 upon any
person who shall unlawfully sell, administer,
So now, there are two ordinary mitigating deliver, give away, distribute, dispatch in transit
circumstances with no aggravating or transport or act as broker to such
circumstance. Article 64 provides that when transactions in any prohibited drug. That
there are two mitigating with no penalty, according to the amendment to Section
aggravating, lower the penalty by one 20 of the law, shall be applied if what is involved
degree. Therefore, if you lower it by one is 750 grams or more of Indian hemp or
degree, it is now prislon correccional. marijuana; othenvise, if the quantity involved is
less, the penalty shall range from prision
3. Determ;ne the Maximum Sentence after correcclonal to reclusion perpetua depending
considering oil justifying, exempting, upon the quantity.
mitigating, and aggravating circumstances, if
ony. In other words, there is an overlapping error in
the provisions on the penalty of reclusion
You have already applied everything so it perpetua by reason of its dual imposition, that is,
will become prlslon correccional in its as the maximum of the penalty where the
medium perfod. marijuana is less than 750 grams, and also as the
minimum of the penalty where the marijuana
4. Determine the minimum term ofthe sentence. involved is 750 grams or more. The same error
has been committed with respect to the other
You go one degree lower and that is arresto prohibited and regulated drugs provided in said
mayor. Therefore, arresto mayor in ;ts Section 20. To harmonize such conflicting
medium period (or any period in the provisions in order to give effect to the whole
discretion of the court) is the minimum term law, the penalty to be imposed where the
of the sentence. quantity of the drugs involved is less than the
quantities stated in the first paragraph, shall
Q: Simon was arrested during a buy bust range from prlsion correcdonal to reclusion
operation at Sto. Cristo, Guagua, Pampanga temporal, and not reclusion perpetua. This is also
after he sold two marijuana tea bags for concordant with the fundamental rule in
P40.00 to Sgt. Lopez, who acted as the criminal law that all doubts should be construed
poseur-buyer. Another two marijuana tea in a manner favorable to the accused.
bags were found in possession of
Simon. Simon was charged with a violation If the marijuana involved is below 250 grams,
of Section 4, Article II of R.A. 642 5, otherwise the penalty to be imposed shall be prision

UNIVERSITY Of SANTO TOMAS


IOI �
FACULTY Of CIVIL LAW
CRIMINAL LAW

correccional; from 250 to 499 grams, prision graduation of penalties reduce the imposable
mayor; and 500 to 749 grams, reclusion penalty beyond or lower than prision
temporal. Parenthetically, fine is imposed as a correcdonal. It is for this reason that the three
conjunctive penalty only if the penalty is component penalties in the second paragraph of
reclusion perpetuo to death. Section 20 shall each be considered as an
independent principal penalty, and that the
Now, considering the minimal quantity of the lowest penalty should in any event be prision
marijuana subject of the case at bar, the correcdonal in order not to depreciate the
imposable penalty under RA. 6425, as amended seriousness of drug offenses.
by R.A. 7659, is prision correccional, to be taken
from the medium period thereof pursuant to c. YES.
Article 64 of the Revised Penal Code, there being
no attendant mitigating or aggravating Since drug offenses are not included in nor has
circumstance. Simon committed any act which would put him
within the exceptions to said law and the penalty
b. YES. to be imposed does not involve reclusion
perpetua or death; provided, of course, that the
In the past, it was held that in imposing the penalty as ultimately resolved will exceed one
penalty for offenses under special laws, the rules year of imprisonment.
on mitigating or aggravating circumstances
under the RPC cannot and should not be applied. R.A. 6425, as now amended by R.A. 7659, has
A review of such doctrines as applied in previous unqualifiedly adopted the penalties under the
cases, however, reveals that the reason therefor RPC in their technical terms, hence with their
was because the special laws involved provided technical signification and effects. In fact, for
their own specific penalties for the offenses purposes of determining the maximum of said
punished thereunder, and which penalties were sentence, the Court applied the provisions of the
not taken from or with reference to those in the amended Section 20 of said law to arrive
RPC. at prision correccional and Article 64 of the RPC
to impose the same in the medium period. Such
The situation, however, is different where offense, although provided for in a special law, is
although the offense is defined in and ostensibly now in effect punished by ond under the RPC.
punished under a special law, the penalty
therefor is actually taken from the RPC in its Correlatively, to determine the minimum, we
technical nomenclature and, necessarily, with its must apply the first part of Section 1 of the
duration, correlation and legal effet-ts under the Indeterminate Sentence Law which directs that
system of penalties native to the RPC. "in imposing a prison sentence for an offense
punished by the RPC, or its amendments, the
In the case of the Dangerous Drugs Act, as now court shall sentence the accused to an
amended by R.A. 7659, by the incorporation and indeterminate sentence the maxlmum term of
prescription therein of the technical penalties which shall be that which, in view of the
defined in and constituting integral parts of the attending circumstances, could be properly
three scales of penalties in the RPC, with much imposed under the rules of the RPC, and
more reason should the provisions of the RPC on the minimum which shall be within the range of
the appreciation and effects of all attendant the penalty next lower to that prescribed by the
modifying circumstances apply in fixing the RPC for the offense."
penalty. Likewise, the different kinds or
classifications of penalties and the rules for It is thus both amusing and bemusing if, in the
graduating such penalties by degrees should case at bar, Simon should be begrudged the
have supplementary effect on R.A. 6425, except if benefit of a minimum sentence within the range
they would result in absurdities. Mitigating of arresto mayor� the penalty next lower
circumstances should be considered and applied to prlsion correcdonal which is the maximum
only if they affect the periods and the degrees of range the Court has fixed through the
the penalties within ratfonal limits. application of Articles 61 and 71 of the RPC. For,
with fealty to the law, the court may set the
While modifying circumstances may be minimum sentence at 6 months of arresto
appreciated to determine the periods of the mayor, instead of 6 months and 1 day of prision
corresponding penalties, or even reduce the correccional. The difference, which could
penalty by degrees, in no case should such thereby even involve only one day, is hardly

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worth the creation of an overrated tempest in If the culprit has to serve 2 or more penalties, he
the judicial teapot. shall serve them simultaneously if the nature of
the penalties will so permit. Otherwise, the
Therefore, in view of the foregoing, Simon penalties shall be served successively on the
must be sentenced to serve an indeterminate order of their severity as follows:
penalty of six (6) months of arresco mayor, a s
the minimum, to six (6) years of prision 1. Death
correccional, as the maximum thereof. (People 2. Reclusion perpetua
v. Simon, G.R. No. 93028, July 29, 1994) 3. Reclusion temporal
4. Prls;on mayor
THREE-FOLD RULE S. Prls;on correcdonal
ART. 70, RPC 6. Arresto Mayor
7. Arresto Menor
Systems of penalties relative to two or more 8. Destlerro
nenalties imnosed on one and the same 9. Perpetual absolute disqualification
accused 10. Temporary absolute disqualification
11. Suspension from public office, the right to
1. Material accumulation system · no vote and be voted for, the right to follow
limitation whatsoever. All the penalties for profession or calling
all violations were imposed even if they 12. Public censure
reached beyond the natural span of human
COSTS
life. ART. 37, RPC
2. Juridical accumulation system · limited to
not more than the three-fold length of time
wts.
corresponding to the most severe penalty Cost shall include fees and indemnities in the
and in no case exceed 40 years. (2013 BAR) course of judicial proceedings.
3. Absorption system · the lesser penalties are
absorbed by the graver penalties. It is
Io wham rosrs are chareeable
observed in the imposition of the penalty in 1. In case of conviction - chargeable to the
complex crimes, continuing crimes, and accused.
specific crimes like robbery with homicide, 2. In case of acquittal - costs are de officio; each
etc. party shall bear his own expenses.

Three-Enid Rule No costs aeainst the BeouhHc


It means that the maximum duration of a No costs shall be allowed against the Republic of
convict's sentence shall NOT be more than three the Philippines, unless otherwise provided by
times the length of time corresponding to the law. (Sec.1, Rule 142, Rules of Court)
most severe of the penalties imposed upon him
but in no case exceed 40 years. Payment of costs is discretionary

NOTE: It is the Director of Prisons that shall Such matter rests entirely upon the discretion of
compute and apply the Three-Fold Rule, NOT the courts. The Government may request the court
judge. to assess costs against the accused, but not as a
right.
Aoolionionofthe Three-Fold Buie
PECUNIARY LIABILITIES
The rule applies if a convict has to serve at least ART. 38, RPC
four sentences, continuously.
Pecnniarx Hahili[ies of necsons criminaHx
NOTE: All the penalties, even if by different liable (2005 RAB)
courts at different times, cannot exceed three­
fold of the most severe penalty. 1. Reparation of damage caused
2. Indemnification of the consequential
Buie if the a,lorit bas to serve 2 or more damages
nenalties Met 70 BPQ 3. Fine

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CRIMINAL LAW

4. Costs of proceedings proof. (People v. Villar G.R. No. 202708, April 13,
2015)
This article applies when the property of the
offender is not sufficient to pay for all of his SUBSIDIARY PENALTY
pecuniary liabilities. ART. 39, RPC

The court CANNOT disregard the order of SuhsidiflCYoenaltx (2005 RAB)


payment, pecuniary liabilities in this article must
be observed. Subsidiary personal liability is to be suffered by
the convict who has no property with which to
Pecuniary penalties vis-�-vis Pecuniary meet the fine, at the rate of one day for each
liabHiries(2005RAB) amount equivalent to the hjghest minjmum
wage rate prevailing in the Philippines at the
PECUNIARY PECUNIARY time or the rendition or judgment or
PENAL TIES LIABILITIES conviction by the trial court. (R.A. 10159
approved on April 10, 2012)
Those which a Those which a
convicted offender convicted offender is
Nawre ofsubsidiaryoenaltv
may be required to required to pay in
pay in money to the money to the A subsidiary penalty is not an accessory penalty.
Government. offended party and to It is a penalty imposed upon the accused and
the government. served by him in lieu of the fine which he fails to
These consist of fines They consist of: pay on account of insolvency. The accused
and costs of reparation of the cannot be made to undergo subsidiary
proceedings, damage caused, imprisonment unless the judgment expressly so
indemnification of provides.
consequential
damages, fine, and Imnnsitlon ofsuhsidiarv oeoaltv
costs of the
proceedings, 1. When there is a principal penalty or
imprisonment or any other principal penalty
Q: The murderers of Mr. Ylarde were and it carries with it a fine; or
convicted for his murder. His widow testified 2. When penalty is only a fine.
that Mr. Ylarde "has a net income or P16,000
a year as farmer. sari-sari store owner,
SUBSIDIARY IMPRISONMENT
driver and operator or two tricycles and ART. 39, RPC
caretaker or Hacienda Bancod,"
Nature of subsidiary imprisonment
Aside from the testimony, no other receipt
was provided. Should award for loss or
Subsidiary imprisonment is NOT an accessory
earning capacity b e given 10 the widow?
penalty; it is a principal penalty thus it has to be
stated before the offender can benefit from it.
A: NO. It is settled that the indemnity for loss of
earning capacity is in the form of at1:ual
damages; as such, it must be proved by Rules astnsubsidia,y imnrisonment
competent proof.
1. Penalty imposed is pns,on
correccional or arresto and fine - subsidiary
By way of exception, damages for loss of earning
imprisonment, not to exceed 1/3 of the term
capacity may be awarded in two instances: 1)
of the sentence, and in no case to continue
the victim was self-employed and receiving less
for more than one year. Fraction or part of a
than the minimum wage under the current laws day, not counted.
and no documentary evidence available in the
decedent's line of business; and, 2) the deceased
2. Penalty imposed is fine only- subsidiary
was employed as a daily wage worker and
imprisonment:
receiving less than the minimum wage. Since the
a. Not to exceed 6 months - if prosecuted
case does not fall under any of the exceptions,
for grave or less grove felony;
the award cannot be given without documentary

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BOOK I - PENALTIES

b. Not to exceed 15 days - if prosecuted a. Perpetual Absolute Disqualification


for light felony. b. Civil Interdiction during the first thirty
3. Penalty imposed is higher than prisian (30) years following the date of the
correccional - no subsidiary imprisonment. sentence.

4. Penalty imposed is nat to be executed by NOTE: Such accessory penalties shall be


confinement, but af fixed duration - continuously suffered by the convict even if
subsidiary penalty shall consist in the same the principal penalty has been pardoned;
deprivations as those of the principal unless such penalties have been expressly
penalty, under the same rules remitted in the pardon.
abovementioned.
2. Reclusion perpetua and reclusion temporal
NOTE: There is no subsidiary penalty for shall carry with it:
nonpayment of damages to the offended party. a. Civil Interdiction for life or during the
period of the sentence.
Beouicementtnoav thefine after the convia b. Perpetual Absolute Disqualification
has suffered subsidiary personal liability which shall still be served even if the
principal penalty has been pardoned,
Notwithstanding the fact that the convict unJess when the same has been
suffered subsidiary personal liability, he shall expressly remitted in the pardon.
pay the fine in case his financial circumstances
should improve. 3. Prision mayor shall carry with it:
a. Temporary Absolute Disqualification
Insrances when subsidiary oenaltx is NOT b. Perpetual Special Disqualification of the
imonsed right to suffrage which the offender
shall suffer even if the principal penalty
1. There is no subsidiary penalty if the penalty has been pardoned, unless the same has
imposed by the court is prision mayor, been expressly remitted in the pardon.
reclusion temporal, or recluslon perpetua.
(2013 BAR) 4. Pn'sion correcdonal shall carry wlth it:
2. No subsidiary penalty for nonpayment of: a. Suspension from public office and the
a. Reparation of the damage caused; right to practice a profession or calling.
b. Indemnification of the consequential b. Perpetual Special Disqualification from
damages; the right of suffrage if the duration of
c. The cost of the proceedings. the imprisonment shall exceed 18
3. When there is no fixed duration months, which shall be suffered even if
4. Nonpayment of income tax the principal penalty has been
pardoned, unless the same has been
Applicability of subsidiary imprisonment to expressly remitted in the pardon.
violations ofsoerialJaws
5. Arresto shall carry with it suspension of the
Persons convicted of violation of special laws are right to hold public office, and the right of
liable to subsidiary imprisonment in case of suffrage during the term of the sentence.
insolvency in the payment of indemnity, except
where the indemnity consists in unpaid internal NOTE: The RPC does not provide for any
revenue tax. (People v. Doma/oon, C.A., 56 O.G. accessory penalty for destierro.
5072, citing People v. Moreno, G.R. No. 41036,
October 10, 1934) COMPUTATION OF PENALTIES
ART. 28, RPC
PENALTY WITH INHERENT
ACCESSORY PENALTIES Rules for the computation ofpenalties
ART. 40-44, RPC; ART. 29, RPC
The following rules must be observed by the
Accessory penalties that are inherently Director of Prisons or the warden when
attached to orinfioal oeoaltjes computing the penalties imposed upon the
convicts:
1. Death when not executed by reason of
commutation or pardon shall carry with it:

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CRIMINAL LAW

1. When the offender is in prison - duration of finalirv nfindement


temporary penalties is from the day on
which the judgment of conviction becomes A judgment becomes final fifteen (15) days after
final. promulgation of the judgment when the accused
does not appeal therefrom.
Ratio: The duration of temporary penalties
shall be computed only from the day the NOTE: However, if the defendant has expressly
judgment of conviction becomes final, waived in writing his right to appeal, the
and not from the day of his detention because judgment becomes final immediately. (Rules of
under Art. 24 the arrest and temporary Court Rule 120 Sec. 7)
detention of the accused is not considered a
penalty. Place of service tor oenaltles ofcech1£ion
aeraewo cech1£ion cemuorol ad£ion
2. When the offender is not in prison - duration correcciona/1 and arresto mayor (Art. 861
of penalty consisting in deprivation of RPQ
liberty, is from the day that the offender
is placed at the disposal of judicial In the places and penal establishments provided
authorltles for the enforcement of the by the Administrative Code.
penalty.
Place of service of arresto menor (Art. 88.
3. Duration ofother penalties - duration is B.W.
from the day on which the
offender commences to serve his sentence. 1. In the municipal jail; or
2. In the house of the offender, but under the
Examnles nftemoorary oenalries surveillance of an officer of the law
whenever the court provides in the decision
1. Temporary absolute disqualification due to the health of the offender.
2. Temporary special disqualification
3. Suspension NOTE: The reason is not satisfactory just
because the offender is a respectable
Aoalirahilirv of the a,les in cases of member of the community.
temporary penalties, when the offender is
not under derentlon because he has been Service of sentence of defendant in his hm,se
released on bail (Art 88 BPP
The duration is from the day on which the Defendant may serve his sentence in his house
offender commences to serve his sentence. when:

Examples of penalties consisting in 1. The penalty is arresto menor;


deorivarion oflihertx 2. It is conditioned with surveillance by an
officer of the law; and
1. Imprisonment; and 3. Either:
2. Destierro. a. It is due to the health of the offender;
b. Other reasons satisfactory to the court.
EXECUTION AND SERVICE OF PENALTIES
ART. 78-88, RPC Insrances or situations in criminal cases
wherein the accused either as an adnitor as
Execution ofpenalty a minor, can apply for and/or be granted a
snsoended sentence (2006 RABl
No penalty shall be executed except by virtue of
a final judgment. (Art 78, par. 1, RPC) 1. Where the accused became insane before
sentence could be promulgated under Art.
Penalties are executed only in the form 79.
prescribed by law and any other circumstances 2. Where the offender, upon conviction by the
and incidents shall be expressly authorized trial court, filed an application for probation
thereby. (Art. 78, par. 2, RPC) which has been granted. (Bac/ayon v. Mutia,
C.R. No. L-S9298, April 30, 1984)

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2021 GOLDEN NOTES
106
BOOK I - PENALTIES

3. Where the offender needs to be confined in r,,rnoses ofrhe law


a rehabilitation center because of drug
dependency although convitted of the crime 1. Promote the correction and rehabilitation of
charged. an offender by providing him with
4. Where the offender is a youthful offender individualized treatment;
under Art. 192 of P.O. 603. 2. Provide an opportunity for the reformation
5. Where the crime was committed when the of a penitent offender which might be less
offender is under 18 years of age and he is probable if he were to serve a prison
found guilty thereof in accordance with R.A. sentence;
9344, but the trial court subjects him to 3. Prevent the commission of offenses;
appropriate disposition measures as 4. Decongest cases; and
prescribed by the Supreme Court in the Rule 5. Save the Government from spending much­
on Juveniles in Conflict with the Law. needed funds when the offender will be
6. Under R.A. 9165: placed behind bars.

a. First time minor offender· an accused is GRANT OF PROBATION,


over 15 at the time of the commission of MANNER AND CONDITIONS
the offense but not more than 18 years
of age at the time when judgment Probation is a mere privilege and its grant rest
should have been promulgated after solely upon the discretion of the court. It is
having been found guilty of said offense exercised primarily for the benefit of the
if he has not been previously convicted organized society and only incidentally for the
of violating any provision of R.A. 9165; benefit of the accused. The grant of probation is
b. He has not been previously committed not automatic or ministerial. (Bernardo v.
to a Center or to the care of a DOH­ Ba/aga� G.R. No. 86561, November 10, 1992)
accredited physician;
c. The Board favorably recommends that Effect offiHne fnr annHcafion fornrohation
his sentence be suspended.
A judgment of conviction becomes final when
7. When the sentence is death, its execution the accused files a petition for probation.
may be suspended or postponed by the However, the judgment is not executory until the
Supreme Court, through the issuance of petition for probation is resolved. The filing of
T.R.O. upon the ground of supervening the petition for probation is a waiver by the
events. (Echegaray v. Secretary afJustice, G.R. accused of his right to appeal the judgment of
Na.132601,January 19, 1999) conviction.

PROBATION LAW NOTE: An order placing defendant on probation


P.D. 968, AS AMENDED BY R.A. 10707 is not a sentence but a suspension of the
imposition of sentence. It is an interlocutory
DEFINITION OF TERMS judgment in nature.

Probation Availing the benefits ofprobation

It is a disposition under which a defendant, after The Trial Court may, after it shall have convicted
conviction and sentence, is released subject to and sentenced a defendant upon application by
conditions imposed by the court and to the said defendant within the period for perfecting
supervision of a probation officer. an appeal, suspend the execution of the sentence
and place the defendant on probation for such
NOTE: Probation only affects the criminal aspect period and upon such terms and conditions as it
of the case and has no bearing on his civil may deem best; Provided, that no application for
liability. probation shall be entertained or granted if the
defendant has perfected an appeal from the
Prnhatlon Officer judgment of conviction. (2014 BAR)

One who investigates for the court a referral for NOTE: The accused cannot avail probation if he
probation or supervises a probationer or both. appeals his conviction irrespective of the
purpose of the appeal even if it is only to
PROCESS

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CRIMINAL LAW

question the propriety of the penalty imposed. institution, when required for that
(Sandavol, 2010) purpose;
e. Pursue a prescribed secular study or
NOTE: When a judgment of conviction imposing vocational training;
a non-probationable penalty is appealed or f. Attend or reside in a facility established
reviewed and such judgment is modified for instruction, recreation or residence
through the imposition of a probationable of persons on probation;
penalty, the defendant shall be allowed to apply g. Refrain from visiting houses of ill­
for probation based on the modified decision repute;
before such decision becomes final. The h. Abstain from drinking intoxicated
application for probation based an the modified beverages to excess;
decision shall be filed in the trial court where the i. Permit the probation officer or an
judgment of conviction imposing a non­ authorized social worker to visit his
probationable penalty was rendered, or in the home and place of work;
trial court where such case has since been re­ j. Reside at premises approved by it and
raffled. (Sec. 1, R.A. 10707) not to change his residence without its
prior written approval;
NOTE: In a case involving several defendants k. Satisfy any other condition related to
where some have taken further appeal, the other the rehabilitation of the defendant and
defendants may apply for probation by not unduly restrictive of his liberty or
submitting a written application and attaching incompatible with his freedom of
thereto a certified true copy of the judgment of conscience; or
conviction. (Sec. 1, R.A. 10707) I. Plant trees.

Avamoe the benefits ofProbation Iaw if the Saottioos imnosed if the nrohatlonec
sentenceimonsed isamerefine commits aov serious violation of the
rooditioos ofocohatioo
Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only. 1. The court may issue a warrant for the arrest
of a probationer.
Effea on accessory neoalries once ncohatino 2. If violation is established, the court may:
is eranred a. Revoke his probation; or
b. Continue his probation and modify the
Accessory penalties are deemed suspended. conditions thereof. This order is not
appealable.
Conditions of probation 3. If probation is revoked, the probationer
shall serve the sentence originally imposed.
1. Present himself to the probation officer
designated to undertake his supervision at CRITERIA OF PLACING AN
such place as may be specified in the order OFFENDER ON PROBATION
within seventy-two hours from receipt of
said order; Criteria on determining whether an offender
2. Report to the probation officer at least once maxhe olared on orobation
a month at such time and place as specified
by said officer; In determining whether an offender may be
3. The court may also require the probationer placed an probation, the court shall consider all
to: information relative to the character,
a. Cooperate with a program of antecedents, environment, mental and physical
supervision; condition of the offender, and available
b. Meet his family responsibilities; institutional and community resources.
c. Devote himself to a specific employment
and not to change said employment When ncoharion shall he denied
without the prior written approval of
the probation officer; If the court finds that:
d. Undergo medical, psychological or
psychiatric examination and treatment 1. The offender is in need of correctional
and enter and remain in specified treatment that can be provided most

II UNIVERSITY OF SANTO TOMAS


2021 GOLDEN NOTES
BOOK I - PENALTIES

effottively by his commitment to an court shall pronounce judgment of conviction


institution; and he/she shall serve sentence as any other
2. There is an undue risk that during the convicted person. (2010 BAR)
period of probation the offender will
commit another crime; or NOTE: In multiple prison terms, those imposed
3. Probation will depreciate the seriousness of against the accused found guilty of several
the offense committed. offenses should not be added up, and their sum
total should not be determinative of his
Remedy if rhe aooHcarion COc orohation is disqualification from probation since the law
denied uses the word ..maximum" not "total" tenn of
imprisonment. (Francisco v. CA, et.al, C.R. No.
An order granting or denying probation shall not 108747, April 6, 1995)
be appealable. Hence, the remedy is a Motion for
Reconsideration and if denied, a petition for Q: Arnel Colinares was found guilty of
certlorad. frustrated homidde by the RTC. It was
affirmed by the CA on appeal. On petition for
DISQUALIFIED OFFENDERS review, SC ruled that he was only guilty of
attempted homidde, which penalty is
Disonalifiration ro avail the henefirs of the "probationable". Is Colinares now entitled to
probation law [2004 BAR) apply for probation upon remand of the case
to the lower court, even after he has
1. Sentenced to serve a maximum term of perfected his appeal to a previous conviction
imprisonment of more than six (6) years; (frustrated homicide) which was not
(1990, 1995, 2002 BAR) "probationable"?
2. Convicted of any crime against national
security; A: YES. What is clear is that had the RTC done
3. Have previously been convicted by final what was right and imposed on Arnet the correct
judgment of an offense punished by penalty of two years and four months maximum�
imprisonment of more than six (6) months he would have had the right to apply for
and one (1) day and/or fine of more than probation. Arnet did not appeal from a judgment
one thousand pesos (Pl,000); that would have allowed him to apply for
4. Have been once on probation under the probation. He did not have a choice between
provision of this Decree; appeal and probation. While it is true that
5. Already serving sentence at the time the probation is a mere privilege, the point is not
substantive provisions of this Decree that Arnet has the right to such privilege; he
became applicable pursuant to Settion 33 certainly does not have. What he has is the right
hereof; to apply for that privilege. If the Court allows
6. If he appeals the judgment or conviction. him to apply for probation because of the
lowered penalty, it is still up to the trial judge to
XPN: Sec. 1, RA. 10707 and People v. decide whether or not to grant him the privilege
Co/inares, C.R. No. 182748, December 13, of probation, taking into account the full
2011. (2013 BAR) circumstances of his case. (Co/inores v. People,
C.R. No.182748, December 13, 2011)
7. Convicted of violation of Election offenses;
8. Any person convicted for drug trafficking or The trial court may, after it shall have convicted
pushing under the Comprehensive and sentenced a defendant for a probationable
Dangerous Drugs Act of 2002, regardless of penalty and upon application by said defendant
the penalty imposed by the Court. within the period for perfecting an appeal,
suspend the execution of the sentence and place
NOTE: Under Sec. 66, R.A. 9165, first-time minor the defendant on probation for such period and
offender who is over fifteen (15) years of age, upon such terms and conditions as it may deem
but not more than eighteen (18) years of age at best. No application for probation shall be
the time of the commission of the Sec. 11, R.A. entertained or granted if the defendant has
1965 punishing possession of dangerous drugs, perfected the appeal from the judgment of
shall be given the benefits of a suspended conviction: Provided, That when a judgment of
sentence subjec.t to conditions. However, under conviction imposing a non-probationable
Sec. 69, if the minor violates any of the penalty is appealed or reviewed, and such
conditions of his/her suspended sentence, the judgment is modified through the imposition of

UNIVERSITY Of SANTO TOMAS


109 �
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CRIMINAL LAW

a probationable penalty, the defendant shall be provisions regarding release on bail of persons
allowed to apply for probation based on the charged ,vith a crime shall be applicable.
modified decision before such decision becomes
final. The application for probation based on the TERMINATION OF PROBATION; EXCEPTION
modified decision shall be filed in the trial court
where the judgment of conviction imposing a Termination nforohatlon C2005 RABl
non·probationable penalty was rendered, or in
the trial court where such case has since been The court may order the final discharge of the
re-raffled. In a case involving several defendants probationer upon finding that he has fulfilled the
where some have taken further appeal, the other terms and conditions of probation.
defendants may apply for probation by
submitting a written application and attaching NOTE: The mere expiration of the period for
thereto a certified true copy of the judgment of probation does not ipso facto terminate the
conviction. (Sec. 1, R.A 10707) probation. Probation is not co-terminus with its
period. There must be an order from the Court of
PERIOD OF PROBATION final discharge terminating the probation. If the
accused violates the condition of the probation
Period nforohation before the issuance of said order, the probation
may be revoked by the Court (Manuel Bala v.
1. The period of probation of a defendant Martinez, 181 SCRA 459).
sentenced to a term of imprisonment of not
more than one year shall not exceed two Effecrs of termination ofnrohafion
years, and in all other cases, said period
shall not exceed six years. 1. Case is deemed terminated.
2. Restoration of all civil rights lost or
2. When the sentence imposes a fine only and suspended.
the offender is made to serve subsidiary 3. Totally extinguishes his criminal liability as
imprisonment in case of insolvency, the to the offense for which probation was
period of probation shall not be less than granted.
nor be more than twice the total number of
days of subsidiary imprisonment. (2005 Pardon vis-ta-vis Pcoharioo
BAR)
PARDON PROBATION
ARREST OF PROBATIONER Includes any crime Exercised
and is exercised individually by the
Court may issue a warrant of arrest against a individually by the trial court.
probationer President.
Merely looks It promotes the
The court may issue the warrant for violations of forward and relieves correction and
any condition of the probation. the offender from rehabilitation of an
the consequences of offender by providing
Effect after the arrest of the probationer an offense of which him with
he has been individualized
He shall be immediately brought before the convitted; it does treatment; provides
court for hearing, which may be informal and not work for the an opportunity for
summary, of the violation charged. If the restoration of the the reformation of a
violation is established, the court may revoke or rights to hold public penitent offender
continue his probation and modify the office, or the right of which might be less
conditions thereof. suffrage, unless such probable if he were
rights are expressly to serve a prison
If revoked, the court shall order the probationer restored by means of sentence; and
to serve the sentence originally imposed. The pardon. prevent the
order revoking the grant of probation or commission of
modifying the terms and conditions thereof shall offenses.
not be appealable. Exercised when the Must be exercised
person is already within the period for
NOTE: The defendant may be admitted to bail convitted. oerfectine: an anneal.
pending the hearing and in such case, the
Beine a private act Beine a erant bv the

II UNIVERSITY OF SANTO TOMAS


2021 GOLDEN NOTES
I JO
BOOK I - PENALTIES

by the president. it trial court, it follows NOTE: The court shall not order the detention of
must be pleaded and that the trial court a child in a jail pending trial or hearing of
proved by the also has the power to his/her case except in youth detention homes
person pardoned. order its revocation established by local governments. (Sec. 35, R.A.
in a proper case and 9344)
under proper Other alternative to imorisonment mav be
circumstances. availed bv a child in conflicr with rhe law
Does not alter the Does not alter the under RA 9344
fact that the accused fact that the accused
is a recidivist as it is a recidivist as it The court may, after it shall have convicted and
produces only the provides only for an sentenced a child in conflict with the law, and
extinction of the opportunity of upon application at any time, place the child on
personal effects of reformation to the probation in lieu of service of sentence. (Sec. 42,
the oenaltv. oenitent offender. R.A. 9344)
Does not extinguish Does not extinguish
the civil liability of the civil liability of CRIMINAL AND CIVIL LIABILITIES
the offender. the offender.
MODIFICATION AND EXTINCTION
Persons mmHfied tn avail the benefits of OF CRIMINAL LIABILITY
probation
Extinguishment of criminal liability
A first-time minor offender even if the penalty
imposed is more than six (6) years. However, the Criminal liability may be extinguished either,
crime must be illegal possession of dangerous partially or totally.
drugs only.
Partial ex[inttion ofcriminal liability
JUVENILE JUSTICE AND WELFARE
ACT OF 2006 1. By conditional pardon;
R.A. 9344 2. By commutation of the sentence; and
3. For good conduct allowances which the
JUVENILE JUSTICE AND WELFARE SYSTEM culprit may earn while he is undergoing
preventive imprisonment or serving his
JuvenileInstiee and Welfare Sxstem sentence. (Art 94, RPC as amended by R.A.
10592)
It refers to a system dealing with children at risk
and children in conflict with the law, which Nanice ofconditional nacdon
provides child-appropriate proceedings,
including programs and services for prevention, When delivered and accepted, it is considered a
diversion, rehabilitation, re-integration, and contract between the sovereign power of the
aftercare to ensure their normal growth and executive and the convict that the former will
development. (Sec. 4, R.A. 9344) release the latter upon compliance with the
condition.
"ChildjgConflict wUb the I,aw"
Obliearion incnrced bvauecson ecanted with
It refers to a child, who is alleged as, accused of, conditional pardon [Art 9S. RPCI
or adjudged as, having committed an offense
under Philippine laws. (Sec. 4{e], R.A. 9344) He shall incur the obligation of complying
strictly with the conditions imposed therein;
Where a child is detained the cm,a max otherwise, his noncompliance with any of the
order the fnllowine conditions specified shall result in the
revocation of the pardon and the provisions of
1. The release of the minor on recognizance to Art. 159 on violation of conditional pardon shall
his/her parents and other suitable persons; be applied to him.
2. The release of the child in conflict with the law
on bail; or Nanice ofrommutation ofsenrence
3. The transfer of the minor to a youth detention
home/youth rehabilitation center. It is a change of the decision of the court made
by the Chief Executive by reducing the degree af

UNIVERSITY Of SANTO TOMAS


111 �
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CRIMINAL LAW

the penalty inflicted upon the convict, or by NOTE: An appeal by the accused shall not
decreasing the length of the imprisonment or the deprive him of entitlement to the above
amount of the fine. allowances for good conduct. (Art 97, RPC as
amended by R.A. 10592)
Effect of commutation of sentence [Art. 96.
B£Q. Pecsnn eranrine time allowance (Art 99 BPC
as amended hxBA 105921
The commutation of the original sentence for
another of a different length and nature shall Whenever lawfully justified, the Director of the
have the legal effect of substituting the latter in Bureau of Corrections, the Chief of the Bureau of
the place of the former. fail Management and Penology, and/or the
Warden of a provincial, district. municipal or city
Cases where commutJtion is orov'ided fnr hx jail shall grant allowances for good conduct.
the Code Such allowances once granted shall not be
revoked. (Art 99, RPC as amended by R.A. 10592)
1. When the convict sentenced to death is over
70 years of age (Art 83, RPCJ; and Special time allowance for loyalty of prisoner
2. When eight justices of the Supreme Court fArt 98 BPCosomeaaea hvBA 105921
fail to reach a decision for the affirmance of
the death penalty. (Reyes, 2008) It is a deduction of one-fifth (1/5) of the period
of sentence of a prisoner who, having evaded his
Nan,ce of eood conductallowances CArt 97 preventive imprisonment or the service of his
RPCasamended byBA 105921 sentence during the calamity or catastrophe
mentioned in Art. 158, gives himself up to the
Allowances for good conduct are deductions authorities within 48 hours following the
from the term of sentence for good behavior. issuance of the proclamation by the President
The good conduct of any offender qualified for announcing the passing away of the calamity or
credit for preventive imprisonment pursuant to catastrophe. A deduction of two-fifths of the
Article 29 of the Code, or of any convitted period of his sentence shall be granted in case
prisoner in any penal institution, rehabilitation said prisoner chose to stay in the place of his
or detention center or any other local jail shall confinement notwithstanding the existence of a
entitle him to the following deductions from the calamity or catastrophe enumerated in Article
period of his sentence: 158 of this Code.

1. During the first l\vo years of imprisonment, .ea.aw:.


he shall be allowed a deduction of twenty
daysfor each month of good behavior during Parole consists in the suspensfon of the sentence
detention; of a convict after serving the minimum term of
2. During the third t o the fourth year, inclusive, the indeterminate penalty, without granting a
of his imprisonment, he shall be allowed a pardon, prescribing the terms upon which the
reduction of twenty-three (23) days for each sentence shall be suspended (Reyes, 2008).
month of good behavior during detention; Parole system cannot exist without the
3. During the following years until the tenth indeterminate sentence law.
year, inclusive, of his imprisonment. he shall
be allowed a deduction of twenty-five (25) Conditional pardon vis-A-vis Parole
days for each month of good behavior during
detention;
4. During the eleventh and successive years of CONDITIONAL
PARDON p1
\ROLE
his imprisonment, he shall be allowed a
deduction of thirty days (30) for each month
It may be given at It may be given after the
of good behavior during detention; and
any time after final prisoner has served the
5. At any time during the period of
judgment by the minimum penalty by the
imprisonment, he shall be allowed another
Chief Executive. Board of Pardons and
deduction of fifteen days, in addition to
Parole under the
numbers one to four hereof, for each month the
provisions of
of study, teaching or mentoring service time
Indeterminate Sentence
rendered. (Art. 97, RPC, as amended by R.A.
Law.
10592)

II UNIVERSITY OF SANTO TOMAS


2021 GOLDEN NOTES
112
BOOK I - PENALTIES

For violation of the For violation of the parole,


conditional pardon, the convict cannot be Nan,ce nfncescciorinn nfa crime/oenaltv
the convict may be prosecuted under Art. 159. By prescription, the State or the People loses the
rearrested or He can be rearrested and right to prosecute the crime or to demand the
reincarcerated by reincarcerated to serve the service of the penalty imposed; but this does not
the Chief Executive unserved portion of his mean that the court loses jurisdiction either over
or may be original penalty. the matter of litigation or over the parties.
prosecuted under (Santos v. Superintendent, C.R. No. L-34334,
Art. 159 of the Code. NOTE: The mere November 28, 1930)
commission, not conviction
by the court, of any crime Prescription of crimes {Art. 90. RPCl {1994.
is sufficient to warrant the 1997 2004 2010 RAB)
parolee's arrest and
reincarceration. (Guevarra, Those punishable by:
in Reves, 2008)
1. Death, reclusion perpetua, rec/uslon temporal
Total extinguishment of criminal liability in twenty (20) years;
(Aa 89 RPQ (1990 1992 2000 2004 2009 2. Other afflictive penalties (prision mayor) in
!WU fifteen (15) years;
3. Correctional penalty (prision carreccianal) in
1. By the death of the convict, as to the ten (10) years;
personal penalties; and as to pecuniary 4. Arresto mayor in five (5) years;
penalties, liability therefor is extinguished 5. Light offenses in two (2) months; and
only when the death of the offender occurs 6. Oral defamation and slander by deed shall
before final judgment; (2013 BAR) prescribe in six months.
2. By service of sentence;
3. By prescription of the crime; When the penalty fixed by law is a compound
4. By prescription of the penalty; one, the highest penalty shall be made the basis
5. By marriage of the offended woman in cases of the application of prescription. (Art. 90, RPC)
of seduttion, abduction, rape and acts of
lasciviousness, as provided in Art. 344 of the Buie whece the lasr dax of the ncescriotixe
RPC. oeriod faHsonaSundayoraleealhnHdax
6. By absolute pardon; and
7. By amnesty, which completely extinguishes In Yapdiangca v. Buencamino, the Court said that
the penalty and all its effects. Extinction of the information may no longer be filed the next
criminal liability does not necessarily mean day as the crime has already prescribed. (C.R. No.
that civil liability is also extinguished. L-28841,june24, 1983)
(Petralba v. Sandiganbayan, C.R. No. 81337,
August 16, 1991) Prescription of the crimes of oral defamation
8. As an effect of final discharge of probation and slanderf1994 1997 2004 2010RABJ

Causes of extinction of criminal liability vis­ Distinction should be made between simple and
;\-ViS the causes of h1stificarion or exemnrinn grave slander. Grave slander prescribes in six (6)
<Beres 20001 months while simple slander prescribes in two
(2) months.
CAUSES OF
CAUSES OF
EXTINCTION OF Pcescciotlnn of the crimes onnishable by
JUSTIFICATION OR destierro
CRIMINAL
EXEMPTION
LIABILITY
The causes of the The causes of justification Classified as a correctional penalty under Art.ZS,
extinction arise or exemption arise from and according to Art. 90, ten (10) years should
after the the circumstances existing be the prescription period. (Dalaa v. Geronimo,
commission of either before the C.R. Na. L-5969, April 29, 1953)
the offense. commission of the crime or
at the moment of its Pcescciotlnn of the crimes onniShable by
commission. .li.w:s.

PRESCRIPTION OF CRIMES

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Fines are also classified as afflictive, discovery thereof and the institution of judicial
correctional, or light penalties under Art. 26, proceeding for its investigation and punishment.
that is, in 15 years, 10 years, and 2 months, (Sec. 2, Act No. 3326)
respectively.
Prescription does not divest court of
The subsidiary penalty for non-payment of the jurisdiction; it is a ground for acquittal of the
fine should not be considered in determining the accused. Thus, the court must exercise
period of prescription of such crimes (People v. jurisdiction, and not inhibit itself. (Santos v.
Bosa/a, 101 Phil. 57). In addition, in light felonies 5uperintenden� 55 Phil. 345)
when a fine of P200 is also provided, such fine
should not be considered correctional. Interruption of the running of the
ncesrriotive nerind fnr crimes or vinlatloos
Basis fnr orescriotion when fine is an mmisbable bv the BPC snerial law &
alternative penalty higher than the other ordinance
penalty which is by imprisonment
The running of the prescriptive period shall be
Prescription herein is based on fine. (People v. interrupted:
Bosa/a, supra)
1. Crime punishable by the RPC - interrupted
NOTE: The ruling in Baso/o applies even if the upon the filing of the case before the fiscal's
penalty is arresto mayor and fine. office.
2. Crime punishable by special law
Prescriotive oeriod of offenses mmishahle interrupted upon the filing of the case
under soedal lawsand municioal ordinances before the fiscal's office even for purposes of
preliminary investigation.
Act No. 3763, amending No. 3326, provides: 3. Violation of municipal ordinance
interrupted upon the filing of the case
1. Offenses punished only by a fine or by before the appropriate court.
imprisonment for not more than one month
- after one year; Oerermioioe ocescriotlno ofnffeoses fAa 91
2. Offenses punished by imprisonment for BW.
more than one month, but less than two years
- after 4 years; The period of prescription commences to run
3. Offenses punished by imprisonment for two from the day the crime is committed:
years or more but less than six years - after
8 years; 1. The perfod of prescription commences to run
4. Offenses punished by imprisonment for six from the doy on which the crime is
years or more - after 12 years; discovered by the offended party, the
5. Offenses under Internal Revenue Law - authorities or their agents.
after 5 years; 2. It is interrupted by the filing of the complaint
6. Violation of municipal ordinances - after 2 or information.
months; 3. It commences to run again when such
7. Violations of the regulations or conditions of proceedings terminate wlthout the accused
certificate of convenience by the Public being convicted or acquitted or are
Service Commission - after 2 months. unjustifiably stopped for any reason not
(Reyes, 2008) imputable to him.
4. The term of prescription shall not run when
NOTE: Act 3326 is not applicable where the the offender is absent from the Philippines.
special law provides for its own prescriptive
period. (People v. Romos, 83 SCRA 1) NOTE: The term "proceedings" should now be
understood to be either executive or judicial in
Buonine of rhe ncescriofive nerinds fnc charac.ter: execut;ve when it involves the
vinlatlnos oeoaJized bx soecial Jaws and investigation phase; and, judidal when it refers
ordinances to the trial and judgment stage. With this
clarification, any kind of investigative
Prescription shall begin to run from the day of proceeding instituted against the guilty person,
the commission of the violation of the law, and if which may ultimately lead to his prosecution
the same be not known at the time, from the should be sufficient to toll prescription.

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BOOK I - PENALTIES

(Panaguiton, Jr. v. DO/, G.R. No. 167571, was discovered by the NBI authorities only
November 25, 2008) when Albert revealed to them the commission of
the crime. Hence, the period of prescription of
s•iniarions whifh do not fnHnw Art 91 20 years for homicide commenced to run only
{Computation ofprescription of offenses) from the time Albert revealed the same to the
NBI authorities.
1. Continulng crimes - prescriptive period will
start to run only at the termination of the Q: A killed his wife and buried her in the
intended result. backyard. He immediately went into hiding
2. In crimes against false testimony - in the mountains. Three years later, the
prescriptive period is reckoned from the day bones of A's wife were discovered by X, the
a final judgment is rendered and not at the gardener. Since X had a standing warrant of
time when the false testimony was made. arrest, he hid the bones in an old clay jar and
3. Election offense - kept quiet about it. After two years, Z, the
caretaker, found the bones and reported the
a. If discovery of the offense is incidental matter to the police.After 15 years of hiding.
to judicial proceedings, prescription A left the country but returned 3 years later
begins when such proceeding to take care of his ailing sibling. Six years
terminates; or thereafter, be was charged with parricide,
b. From the date of commission of the but he raised the defense of prescription.
offense.
a. Under the Revised Penal Code, when
NOTE: In computing the period of prescription, does the period of prescription of a crime
the first day is excluded and the last day is commence to run?
included. (Art 13, New Civil Code) b. When is it interrupted?
c. Is A's defense tenable? Explain. (2010
Q: One fateful night in January 1990, while 5- BAR)
year old Albert was urinating at the back of
their house, he beard a strange noise coming A:
from the Jutchen of their neighbor and a. Under Art 91 of the RPC, the period of
playmate, Ara. When be peeped inside, be prescription commences to run upon
saw Mina, Ara's stepmother, very angry and discovery of the crime by the offended party,
strangling the 5-year old Ara to death. Albert the authorities, or their agent.
saw Mina carry the dead body of Ara, place it
inside the trunk of the car and drive away. b. It is interrupted upon filing of the complaint
The dead body of Ara was never found. Mina or information in court.
spread the news in the neighborhood that
Ara went to Jive with her grandparents in c. NO, parricide prescribes in 20 years. The
Ormoc City. For fear of his life, Albert did not period of prescription started only when Z
tell anyone, even his parents and relatives, reported the matter to the police, which is
about what be witnessed.Twenty and a half equivalent to 10 years of hiding from the
(20 & ½) years after the inddent, and right time of reporting to Z. The period of three
after his graduation in Criminology, Albert years shall not be counted since he is absent
reported the crime to NBI authorities. The from the Philippines. The filing of the charge
crime of homicide prescribes in 20 years. Can 6 years thereafter is well within the
the State still prosecute Mina for the death of prescriptive period.
Ara despite the lapse of 20 and 1/2 years?
(2000BAR) PRESCRIPTION OF PENALTIES
ART.92, RPC
A: YES. The State can still prosecute Mina for the
death of Ara despite the lapse of 20 and ½ years. Prescription ofpenalties (Art 92. RPQ {1993.
Under Article 91 of the RPC, the period of 1994 1997 2004 2010 RAB)
prescription commences to run from the day on
which the crime is discovered by the offended 1. Death and reclusion perpetua in twenty (20)
party, the authorities or their agents. In the case years;
at bar, the commission of the crime was known 2. Other afflictive penalties (reclusion temporal
only to Albert, who was not the offended party to prision mayor) in fifteen (15) years;
nor an authority or an agent of an authority. It

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3. Corret1:ional penalty (prision correccional) in than a year later, Tanega through counsel
ten (10) years; moved to quash the warrant of arrest, on the
4. Arresto mayor in five (5) years; and ground that the penalty had prescribed.
5. Light penalties in one (1) year. Tanega claimed that she was convicted for a
light offense and since light offenses
Rules in ocescriotinn of oenalties (Art 93 prescribe in one year, her penalty had
B£Q. already prescribed. Is the motion
meritorious?
1. The period of prescription of penalties
commences to run from the date when the A: NO. The penalty has not prescribed as she did
cu/prlt evaded the service of his sentence. not evade her service of sentence. For purpose of
(2015BAR) prescription of penalties, Art. 93 of the Revised
Penal Code, which provides that the prescription
2. It is interrupted if the convict- of penalties "shall commence to run from the
date when the culprit should evade the service
a. Gives himself up; of his sentence," must be understood in the light
b. Be captured; of Art. 157, as the concept of evasion of sentence
c. Goes to a foreign country with which is readily provided for in this Article. (Tanega v.
we have no extradition treaty (2015 Masakayan, G.R. No. l·27191, February 28, 1967)
BAR); or
d. Commits another crime before the Prescriotinn of crimes vis-a-vis Presrriotinn
expiration of the period of nfnenalries
prescription.

NOTE: The acceptance of a conditional pardon PRESCRIPTION OF PRESCRIPTION OF


also lnterrupts the prescriptive period, likening CRIMES PENALTIES
such acceptance to the case of one who flees
from this jurisdiction. (People v. Punti//as, G.R. Loss or forfeiture of Loss or forfeiture of
No. 45269) the State to the State to enforce
orosecute. iudement.
Q: When does the period of prescription of Starts counting upon Starts counting upon
penalties commence to run again? discovery of the the escape or evasion
commission of the of service of sentence
A: When the convict escapes again, after having crime
been captured and returned to prison. (Reyes, Mere absence from Absence from the
2008) the Philippines Philippines interrupts
interrupts the the period only when
Elements nfocescriorinn nfoenalties running of the he goes to a foreign
prescription country without
1. That the penalty is imposed by final extradition treaty with
sentence; us
2. That the convit1: evaded the service of the Commission of Commission of
sentence by escaping during the term of his another crime before another crime before
sentence; and the expiration of the expiration of the
3. That the convict who escaped from prison period does not period interrupts the
has not given himself up, or been captured, interrupt prescription
or gone to a foreign country with which we orescriotion
have no extradition treaty, or committed
another crime; and PARDON BY THE OFFENDED PARTY
4. That the penalty has prescribed because of
the lapse of time from the date of the GR: Pardon by the offended party does not
evasion of the service of the sentence by the result in the extinguishment of crim;nal action.
convict. (Reyes, 2008)
A crime committed is an offense against the
Q: Adelaida Tanega failed to appear on the State. In criminal cases, the intervention of the
day of the execution of her sentence. On the aggrieved parties is limited to being witnesses
same day, respondent judge issued a warrant for prosecution.
for her arrest. She was never arrested. More

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BOOK I - PENALTIES

XPN: Pardon by an offended party in the crimes A pardon, whether absolute or conditional, is in
of adultery and concubinage will be a bar to the nature of a deed, for the validity of which is
criminal prosecution, provided, they pardoned an indispensable requisite. Once accepted by the
both offenders. Provided further, it must be made grantee, the pardon already delivered may not
before the institution of criminal prosecution. be revoked by the granting authority. (Reyes,
Pardon here may be implied. (Art 344, RPC) 2008)

In the crimes of seduction, abduction, rape or Effects of pardon by the President


acts of lasciviousness, there shaJI be no criminal
prosecution if the offender has been pardoned 1. GR: A pardon shall not restore the right to
by the offended party or her parents, hold public office or the right of suffrage.
grandparents or guardian. Provided, the pardon
in such cases must be express. XPN: When either or both rights are
expressly restored by the terms of the
NOTE: Pardon by the wife in favor of the pardon.
husband found guilty of raping her extinguishes
the penalty. 2. It shall not exempt the culprit from the
payment of the civil indemnity. The pardon
Buie on exrinenisbment of criminal liabilitv cannot make an exception to this rule.
by the marriage of the offended woman to
her offender in sednctlnn ahduttinn cane Iimitations 11000 rhe exercise of the
andaas oflasCivionsness oardnnine onwer

The extinguishment of criminal liability by the 1. The power can be exercised only after
marriage of the offended woman to her offender convic.tion; and
in seduction, abduction, rape and acts of 2. Such power does not extend to cases of
lasciviousness is not an absolute rule. The impeachment.
marriage must be contracted in good faith.
Hence, a marriage contracted only to avoid ExtioeuiShmeot of rhe effea of rhe accessory
criminal liability is devoid of legal effetts. oenaUies attached to it hv oardnn of the
(People v. Santiago, 51 Phil. 68) orineioal nenaltx

Comocomise does NOT exfioeuish criminal GR: Pardon of the principal penalty does not
liahilitv extinguish the effect of the accessory penalties
attached to it. When the principal penalty is
A crime is a public offense which must be remitted by pardon, only the effett of that
prosecuted and punished by the Government on principal penalty is extinguished. The rights are
its own motion even though complete reparation not restored unless expressly restored by the
should have been made of the damagesuffered terms of the pardon.
by the offended party. (People v. Benitez, 59 O.G.
140 7) XPN: When an absolute pardon is granted after
the term of imprisonment has expired, it
NOTE: There may be a compromise upon the removes all that is left of the consequences of
civil liability arising from an offense; but such conviction. (Cristobal v. Labrador, G.R. No. l-
compromise shall not extinguish the public 47941, December 7, 1940)
action for the imposition of the legal penalty.
(Art 2034, New Civil Code) Pardon hx the Chief Executive yjs-A-vis
Pardon by the offended party {1994- BAR)
PARDON BY THE CHIEF EXECUTIVE
PARDON BY THE PARDON BY THE
Pardon CHIEF EXECUTIVE OFFENDED PARTY
It extinguishes the It does not extinguish
It is an act of grace proceeding from the power criminal liability of criminal liability of the
entrusted with the execution of the laws which the offender. offender.
exempts the individual on whom it is bestowed It cannot exempt the Offended party can
from the punishment the law inflicts for the offender from the waive the civil liability
crime he has committed. payment of the civil which the offender
indemnity. must pay.

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It is granted only after Pardon should be latter crime occurred because of Homicide. Is
conviction and may given before the A's contention correct?
be extended to any of institution of criminaJ
the offenders. prosecution and must A: NO. Pardon by the Chief Executive must
be extended to both specify the crime and does not include those not
offenders. (Art 344, specified in the pardon.
RPCJ
CIVIL LIABILITY
AMNESTY
PERSONS CIVILLY LIABLE FOR FELONIES
Amnestv
GR: Every person criminally liable for a felony is
It is an act of sovereign power granting oblivion also civilly liable. (RPC, Art. 100)
or a general pardon for a past offense, and is
rarely, if ever exercised in favor of a single XPNs:
individual, and is usually exerted in behalf of
persons, who are subject to trial, but have not 1. If there is no damage caused by the
yet been convicted. (Brown v. Walker, 161 U.S. commission of the crime, the offender is not
602) civilly liable.
2. There is no private person injured by the
Pardon vis-ta-vis Amnestv C2006 201SRABl crime.
PARDON AMNESTY
Basis ofCivilliahilirv
The convict is The criminal
excused from serving complexion of the act A crime has dual charatter: (1) as an offense
the sentence but the constituting the crime against the state because of the disturbance of
effects of conviction is erased, as though social order; and (2) as an offense against the
remain unless such act was innocent private person injured by the crime. In the
expressly remitted by when committed; ultimate analysis, what gives rise to the civil
the pardon; hence, for hence the effects of the liability is really the obligation of everyone to
pardon to be valid, convic.tion are repair or to make whole the damage caused to
there must be a obliterated. another by reason of his act or omission,
sentence already final whether done intentionally or negligently and
and executory at the whether or not punishable by Jaw. (Decena v.
time the same is /camina, G.R. No. 82146,January 22, 1990)
2ranted.
The grant is in favor Amnesty is granted in Q: S ince a person criminally liable is also
of individual favor of a class of civilly liable, does his acquittal in the
convicted offenders, convitted offenders, criminal case mean extinction of his civil
not to a class of not to individual liability?
convicted offenders. convic.ted offenders.
The crimes subject of The crimes involved A: NO. Civil liability may exist. although the
the grant may be are generally political accused is not held criminally liable, in the
common crimes or offenses not common following cases:
political crimes. crimes.
The grant is a private It is a public att that 1. Acquittal on reasonable doubt
act of the Chief requires concurrence
Executive which does of the Philippine NOTE: There is no need for a separate civil
not require the Senate. action. The reason is the accused has been
concurrence of any accorded due process. To require a separate
other public officer. civil action would mean needless clogging of
court dockets and unnecessary duplication
Q: A, while serving sentence for homidde of litigation with all its attendant Joss of
escaped but was re-arrested, and was time, effort, and money on the part of all
sentenced for evasion of service of sentence. concerned. (Padilla v. Court of Appeals, G.R.
Later on, he was granted absolute pardon for No. L-39999, May 31, 1984)
homicide. He now claims that the pardon
includes the evasion of service since the 2. Acquittal from a cause of non-imputability

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BOOK I - PENALTIES

XPN: The exemption from criminal liability If there be no such persons, those doing the act
in favor of an imbecile or an insane person, shall be liable secondarily.
and a person under fifteen years of age, or
one who over fifteen but under eighteen CIVIL LIABILITY OF PERSONS UNDER
years of age, who has acted without JUSTIFYING CIRCUMS TANCES
discernment, and those acting under
compulsion of an irresistible force or under GR: There is no civil liability in justifying
the impulse of an uncontrollable fear of an circumstances.
equal or greater injury does not include
exemption from civil liability. (Art 101, XPN: In par. 4 of Art. 11 of RPC, there is civil
RPC) liability, but the person civilly liable is the one
who benefited by the act which caused damage
3. Acquittal in the criminal action for to another.
negligence does not preclude the offended
party from filing a civil action to recover SUBSIDIARY CIVIL LIABILITY OF
damages, based on the new theory that the INNKEEPERS, TAVERNKEEPERS, AND
ac.t is a quasi-delict PROPRIETORS OF ESTABLISHMENTS

4. When there is only civil responsibility Elements under oaraeranh1 ofArt 102 BPC

5. In cases of independent civil actions 1. That the innkeeper, tavernkeeper, or


proprietor of establishment or his employee
CIVIL LIABILITY OF PERSONS EXEMPT FROM committed a violation of municipal
CRIMINAL LIABILITY ordinance or some general or special police
regulation;
GR: Exemption from criminal liability does not 2. That a crime is committed in such inn,
include exemption from civil liability. tavern, or establishment; and
3. That the person criminally liable is
XPNs: insolvent.

1. No civil liability in paragraph 4 of Article 12 Elements under oarae-ranh2 ofArt 102 BPC
of the RPC (injury caused by mere accident);
2. No civil liability in paragraph 7 of Article 12 1. The guests notified in advance the
of the RPC (failure to perform an act innkeeper or the person representing him of
required by law when prevented by some the deposit of their goods within the inn or
lawful or insuperable cause). house;
2. The guests followed the directions of the
Persons civillyliable fnr theaas ofao insane innkeeper or his representative with respect
or minor to the care of and vigilance over such goods;
and
If the persons having legal authority or control 3. Such goods of the guests lodging therein
over the insane or minor are at fault or were taken by robbery with force upon
negligent, then they are the persons civilly liable things or theft committed within the inn or
for the acts of the latter. house.

NOTE: If there is no fault or negligence on their GR: No liability shall attach in case of robbery
part; or even if they are at fault or negligent but with violence against or intimidation of persons.
insolvent; or should there be no person having
such authority or control, then the insane, XPN: When it is committed by the inkeeper's
imbecile, or such minor shall respond with their employees, there is civil liability.
own property not exempt from execution.
SUBSIDIARY CIVIL LIABILITY
Persons CiviUv liable COc aas committed hv OF OTHER PERSONS
persons acting under irresistible force or
unconrcollahle rear Iiahilitv of emolovec teacher or necson or
cocooration CArt 103 of the BPP
The person using violence or causing the fear is
primarily liable.

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1. The employer, teacher, or person or PECUNIARY


corporation is engaged in any kind of CIVIL LIABILITIES
LIABILITIES
Art. 104, RPC
industry; Art. 104, RPC
2. Any of their servants, pupils, workmen, Both include (a) reparation of the damage
apprentices, or employees commits a felony caused; and ( b) indemnification for
while in the discharge of their duties; and conseauential damaaes
3. The said employee is insolvent and has not Includes restitution Does not include
satisfied his civil liability. restitution
Does not include fine Includes fine, and the
NOTE: The subsidiary civil liability arises only and costs of the costs of the
after conviction of the employee in the criminal oroceedinPc:: oroceedinoc::
action. (Baza Marketing Corp. v. Bolinao Sec. &
Inv. Services, Inc., C.R. No. L-32383, September 30, RESTITUTION
1982)
Restitution of the thing itself must be made
NOTE: The subsidiary liability may be enforced whenever possible, with the allowance for any
only upon a motion for the subsidiary writ of deterioration or diminution of value as
execution against the employer and upon proof determined by the court. (Art 105, par.1, RPC)
that employee is insolvent. (Basilia v. Court of
Appeals, C.R.No.113433, March 17, 2000) NOTE: If restitution cannot be made by the
offender (Art 105, RPC), or by his heirs (Art. 108,
NOTE: A hospital is not engaged in industry; RPC), the law allows the offended party
hence, not subsidiary liable for acts of nurses. reparation (Art 106, RPC). In either case,
(Clemente v. Foreign Mission Sisters, CA 38 O.C. indemnity for consequential damages may be
1594) required. (Art107, RPC)

Q: X, the chauffer or driver of the car owned Q: can restitution be made even if the thing is
by Y, bumped the car driven by Z. X was already found in the possession of a third
found guilty but was insolvent. Is Y person who has acquired it by lawful means?
subsidiary liable?
A: GR: YES. The thing itself shall be restored,
A: NO. Y is a private person who has no business even though it be found in the possession of a
or industry and uses his automobile for private third person who has acquired it by lawful
persons. (Steinmetz v. Valdez, C.R. No. 47655, means, saving to the latter his action against the
April 28, 1941) proper person who may be liable to him. (Art
105, par. 2, RPC)
Q: Can the persons mentioned in Art. 103
invoke the defense of diligence of a good XPN: Art. 105 is not applicable in cases in which
father of a family? the thing has been acquired by the third person
in the manner and under the requirements
A: NO. It will be seen that neither in Art. 103 nor which, by law, bar an action for its recovery.
any other article of the RPC, is it provided that (Art 105, par. 3, RPC)
the employment of the diligence of a good father
of a family in the selection of his employees will 1. An innocent purchaser for value for property
exempt the parties secondarily liable for covered by a Torrens Title, cannot be
damages. (Arambulo v. Manila Electric Company, required to return the same to its owner
C.R. No.L-33229, October 23, 1930) unlawfully deprived of it;
2. When the sale is authorized, the property
WHAT CIVIL LIABILITY INCLUDES cannot be recovered.

What is included in civil liability? Q: If the property involved is a fungible thing.


can the defendant return to the creditor a
1. Restitution thing of the same amount, kind, species and
2. Reparation of damage caused quality?
3. Indemnification for consequential damages
A: NO, the convitt cannot, by way of restitution,
Civil Hahilitiesvis-A-vis Pen,niacxliabilities give to the offended party a similar thing of the
same amount, kind or species and quality.

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BOOK I - PENALTIES

The civil liability is not governed by the Civil Indemnification of consequential damages shall
Code but by Articles 100-111 of the Penal Code. include:
The sentence should be for the return of the very
thing taken (restitution), or, if it cannot be done, 1. Those caused the injured party;
for the payment of the value (reparation). The 2. Those suffered by his family or by a third
purpose of the law is to place the offended party person by reason of the crime. (Art 107,
as much as possible in the same condition as he RPC)
was before the offense was committed against
him. (People v. Montesa, G.R. No. 181899, Q: Who has the obligation to make
November 27, 2008) restoration, reparation for damages, or
indemnification for consequential damages?
NOTE: Under the Civil Code, the person who has
not lost any personal property or has been A: The obligation to make restoration or
unlawfully deprived thereof cannot obtain its reparation for damages and indemnification for
return without reimbursing the price paid consequential damages devolves upon the heirs
therefor, only when the possessor: (a) acquired of the person liable. (Art 108, par. 1, RPC)
it in good faith; and (b) at a public sale.
NOTE: The heirs of the person liable have no
Q: A was convicted of estafa for having obligation if restoration is not possible and the
pawned the jewels which had been given to deceased has left no property.
him by B to be sold on commission. Can B file
a petition to require the owner of the Q: Who may demand for restitution?
pawnshop to restore said jewels?
A: The ac.tion to demand restoration, reparation
A: YES, the owner of the pawnshop may be and indemnification likewise descends to the
obliged to make restitution of the jewels, heirs of the person injured. (Art 108, par. 2, RPC)
because although he acted in good faith, he did
not acquire them at a public sale. (Varela v. Aoooctionment ofCivilIiahmtv
Finnick, G.R. No. L-3890,January 2, 1908)
If there are two or more persons civilly liable for
REPARATION a felony, the courts shall determine the amount
for which each must respond. (Art 109, RPC)
nerecminatinn nfBenaration
SEVERAL AND SUBSIDIARY LIABILITY OF
The court shall determine the amount of PRINCIPALS, ACCOMPLICES, AND
damage, taking into consideration: ACCESSORIES OF FELONY
1. The price of thing, whenever possible; and
2. Its special sentimental value to the injured. The principaJs, accomplices and accessories,
(Art 106, RPC) each within their respective class, shall be
severally liable (in so/idum) among themselves
NOTE: Reparation will be ordered by the court if for their quotas, and subsidiarily for those of the
restitution is not possible. It is limited to those other persons liable. (Art 110 par. 1, RPC)
caused by and flowing from the commission of
the crime. Q: How is the subsidiary cMI liability
enforced?
Q: Does the payment of an insurance
company relieve the accused of his obligation A: The subsidiary liability shall be enforced:
to pay damages?
First, against the property of the principals;
A: NO, the payment by the insurance company Next, against that of the accomplices; and
was not made on behalf of the accused, but was Lastly, against that of the accessories. (Art.
made pursuant to its contract with the owner of 110 par. 2, RPC)
the car. But the insurance company is
subrogated to the right of the offended party as Q: A stole a diamond ring worth Pl000 and
regards the damages. gave it to B, who not knowing the illegal
origin of the sale, accepts it. B later sells the
INDEMNIFICATION ring for PS00 to Y, a foreigner who left the
country. In case A is insolvent, can 8, a

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person who partidpated gratuitously in the death was belatedly conveyed to the court.
proceeds of a felony, be subsidiarily liable? Does his death extinguish bis criminal and
civil liabilities?
A: YES, any person who has participated
gratuitously in the proceeds of a felony shall be A: YES. Florencio's death prior to the court's
bound to make restitution in an amount final judgment extinguished his criminal and
equivalent to the extent of such participation. civil liability ex delicto pursuant to Article 89(1)
(Art 111, RPC) Thus, B shall be subsidiarily of the Revised Penal Code. (People v. Agacer, G.R.
liable in the sum not exceeding PSOO which is No.177751,January 7, 2013)
the gratuitous share in the commission of the
crime. Death of the accused pending appeal of his
conviction extinguishes his criminal liability as
EXTINCTION AND SURVIVAL well as the civil liability based solely thereon.
OF CIVIL LIABILITY According to Justice Regalado, "the death of the
accused prior to final judgment terminates his
Civil liability shall be extinguished in the same criminal liability and on/y the civil
manner as other obligations in accordance with liability direct/y arising from and based solely on
the provisions of the Civil Law: the offense committed, i.e., civil liability ex
deHcto in senso strictiore." Corollarily, the claim
1. By payment or performance; for civil liability survives notwithstanding the
2. By the loss of the thing due; death of accused, if the same may also be
3. By the condonation or remission of debt; predicated on a source of obligation other than
4. By the confusion or merger of the rights of delict. Article 1157 of the Civil Code enumerates
creditor and debtor; these other sources of obligation. (People s.
5. By compensation; Boyotas, G.R. No. 102007 September 2, 1994)
6. By novation.
Q: On July 23, 2014, Renato, Gariguez, Jr., and
Other causes: annulment, rescission, fulfillment Larido were held guilty beyond reasonable
of a resolutory condition, and prescription. (NCC, doubt of the special complex crime of
Art 1231) IGdnapping for Ransom with Homicide. They
collectively moved for reconsideration. The
NOTE: Civil liability is extinguished by Court denied such motion with finality in its
subsequent agreement between the accused and Resolution dated September 24, 2014.
the offended party. Express condonation by the However, before the finality of its resolution,
offended party has the effect of waiving civil the Court received a letter from the Bureau
liability with regard to the interest of of the of Corrections dated September 16, 2014
injured party. informing them of the death of one of the
accused-appellants in this case, Renato, on
Survival of Civil Liability June 10, 2014. Is Renato Dionaldo y Ebron
criminally liable of special complex crime of
The offender shall continue to be obliged to IGdnapping for Ransom with Homicide?
satisfy the civil liability resulting from the crime
committed by him, notwithstanding the fact he A: NO, Dianaldo's liability is extinguished by his
has served his sentence consisting of deprivation death. As provided under Article 89 of the
of liberty or other rights, or has not been Revised Penal Code, criminal liability is totally
required to serve the same by reason of extinguished by the death of the convict, as to
amnesty, pardon, commutation of sentence or the personal penalties; and as to pecuniary
any other reason. (Art. 113, RPC) penalties, liability therefor is extinguished only
when the death of the offender occurs before
NOTE: While amnesty wipes out all traces and final judgment. Consequently, Renato's death on
vestiges of the crime, it does not extinguish civil fune 10, 2014 renders the Court's July 23, 2014
liability of the offender. A pardon shall in no case Resolution irrelevant and ineffectual as to him,
exempt the culprit from the payment of the civil and is therefore set aside. Accordingly, the
indemnity imposed upon him by the sentence. criminal case against Renato is dismissed.
(People v. Diana/do, GR No. 207949, September 9,
Q: Florencio was an appellant of a case for 2015,)
the crime of murder. Pending his appeal, be
died while in confinement and notice of bis

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GR: All crimes against national security can only


BOOK II, ARTICLES 114-365, be committed in times of war.
REVISED PENAL CODE
XPN:

CRIMES AGAINST NATIONAL SECURITY AND I. Espionage (Art.117, RPC);


THE LAW OF NATIONS 2. Inciting to war or giving motives for
reprisal (Art 118, RPCJ;
3. Violation of Neutrality (Art 119, RPC);
Crimes aeainst National Secnrirv and
4. Mutiny and piracy (Art. 122, RPC).
I. Treason (Art 114, RPC);
(Boado, 2008)
2. Conspiracy and proposal to commit treason
(Art 115, RPC); TREASON
3. Misprision of Treason (Art 116, RPC); and ART. 114, RPC
4. Espionage (Art 117, RPC).
Treason
Crimes aeainst the Law nfNarinns
Treason is a breach of allegiance to a
1. Inciting to war and giving motives for government, committed by a person who owes
reprisal (Art 118, RPC); allegiance to it.
2. Violation of Neutrality (Art 119, RPC);
3. Correspondence with hostile country (Art Alleeiaoce
120, RPC);
4. Flight to enemy country (Art 121, RPCJ; It is the obligation of fidelity and obedience
5. Piracy and mutiny (Art 122, RPCJ; and which the individuals owe to the government
6. Qualified Piraty and Mutiny (Art 123, RPC). under which they live or to their sovereign, in
return for the protection they receive.
NOTE: Crimes against National Security and the
Law of Nations are exceptions to the principle of Kinds of allegiance:
territoriality under Art. 2, par. 5 of the RPC
which provides that one can be held criminally 1. Permanent - a citizen's obligation of fidelity
liable even if those crimes were committed and obedience to his government or
outside the Philippine jurisdiction. sovereign; or
2. Temporary - allegiance which a foreigner
However. the prosecution for the said crimes can owes to the government or sovereign of the
proceed only if the offender is already within territory wherein he resides, so long as he
Philippine territory or brought to the Philippines remains there, in return for the protection
pursuant to an extradition treaty after the he receives, and which consists in the
commission of said crimes. obedience to the laws of the government or
sovereign.
Court which has iurisdiction over piracy
committed in the hieh seas Elements
Pirates are in law hastes humani generls. Piracy 1. That the offender is a Filipino citizen; or an
is a crime not against any particular st.ate but alien residing in the Philippines (R.A. 7659);
against all mankind. It may be punished in the 2. That there is a war in which the Philippines
competent tribunal of any country where the is involved; and
offender may be found or into which he may be 3. That the offender either:
carried.
a. Levies war against the Government; or
The jurisdiction of piracy unlike all other crimes b. Adheres to the enemies, giving them aid
has no territorial limits. As it is against all so or comfort.
may it be punished by all. Nor does it matter that
the crime was committed within the NOTE: Treason cannot be committed in
jurisdictional 3-mile limit of a foreign state, "for times of peace because there are no traitors
those limits, though neutral to war, are not until war has started.
neutral to crimes." (People v. Lo-lo and 5araw,
G.R. No. 17958, February 27, 1922)

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Commission of treason outside the Extent ofaidand comfnrt


Philiooines
The overt act of giving aid or comfort to the
1. If the offender is a Filipino citizen, he can enemy must be intentional. As a general rule, to
commit this crime even if he is outside the be treasonous, the extent of the aid and comfort
Philippines; or given to the enemies must be to render
2. Treason by an alien must be committed in assistance to them as enemies and not merely as
the Philippines (E.O. 44) except in case of individuals and in addition, be directly in
conspiracy. furtherance of the enemies' hostile designs.

Modes of committing treason To make a simple distinction: To lend or give


money to an enemy as a friend or out of charity
1. Levying war against the government; or to the beneficiary so that he may buy personal
2. Adhering to the enemies, giving them aid necessities is to assist him as individual and is
and comfort. not technically traitorous. On the other hand, to
lend or give him money to enable him to buy
NOTE: Fonnal declaration of the existence of a arms or ammunition to use in waging war
state of war is not necessary. against the givers country enhance his strength
and by the same count injures the interest of the
•tevying war" government of the giver. That is treason. (People
v. Perez, G.R. No. l·856, April 18, 1949)
This requires the concurrence of two things:
Treason cannot be committed through
1. That there be an actual assembling of men; negligence. The overt acts of aid and comfort
and must be intentional as distinguished from
2. For the purpose of executing a treasonable merely negligent or undesigned att. (Cramer v.
design by force. U.S., 325 U.S. 1, 1945)

NOTE: The levying of war must be with intent to How rceason maxhe ocoved
overthrow the government and not merely to
resist a particular statute or to repel a particular 1. Testimony of two witnesses, at least, to the
officer. same overt oct (Two·witness rule); or
2. Confession of the accused in open court.
Adherence ro enemies
Two-witness rule
There is adherence to enemies when a citizen,
intellettually or emotionally, favors the enemies It is a rule which requires the testimony of at
and harbors sympathies or convictions disloyal least two witnesses to prove the overt act of
to his country's policy or interest. giving aid or comfort. The two-witness rule is
severely restrictive and requires that each of the
Adherence alone without aid and comfort does witness must testify to the whole overt act; or if
not constitute treason, but such adherence may it is separable, there must be two witnesses to
be inferred from the acts committed by a person. each part of the overt att. (People v. Esc/eto, G.R.
No. l-1006,june 28, 1949)
Aid and comfort
Illustration: Witness A testified that he saw the
It means overt acts which strengthen or tend to defendant going to the house of X in search of
strengthen the enemy of the government in the the latter's revolver. Witness B testified that
conduct of war against the government or an act when X went to the garrison, the defendant
which weakens or tends to weaken the power of required him (X) to produce his revolver. It was
the government to resist or to attack the held that the search for the revolver in the house
enemies of the government. of X is one overt act and the requirment to
produce the revolver in the garrison is another.
Soecified acrs ofaid and comfort constin,tine Thus, there must be two witnesses for each act.
treason (People v. Abad, G.R. No. L·430,July 30, 1947)

1. Serving as informer and active member of the Adherence need not be proved by the oaths of
enemy's military police. two witnesses. Criminal intent and knowledge
2. Serving in the enemy's army as agent or spy.

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may be gathered from the testimony of one crime of treason cannot be considered
witness, or from the nature of the act itself, or crimessenarate from treason
from circumstances surrounding the act.
The common crimes committed in furtherance
On the other hand, an overt att must be of treason are the overt acts of aid and comfort
established by the deposition of two witnesses. in favor of the enemy and are therefore
Each of the witnesses must testify to the whole inseparable from treason itself. They become an
of the overt act; or if it is separable, there must element of treason.
be two witnesses to each part of the overt ac:t.
(People v. Adriano, G.R. No. L-477,June 1947) However, if the prosecution should elect to
prosecute the culprit specifically for these
Confession crimes, instead of relying on them as an element
of treason, punishment for these common
It means confession of guilt in an open court: crimes is not precluded. (People v. Prieto, G.R. No.
that is, before the judge, while actually hearing L-399,January 29, 1948)
the case. Extrajudicial confession or confession
made before the investigators is not sufficient to Aeecavatine circumsrances in the crime of
convict a person of treason. treason
Q: X furnished women to the enemy. Does the 1. Cruelty;
act constitute treason? 2. Ignominy;
3. Rape; and
A: NO. Commandeering of women to satisfy the 4. Wanton robbery of personal gains and
lust of the enemies or to enliven the brutality with which the killing or physical
entertainment held in their honor was NOT injuries are carried out which can be
treason even though the women and the regarded as cruelty and ignominy.
entertainments helped to make life more
pleasant for the enemies. (People v. Perez, G.R. NOTE: Evident premeditation, superior strength,
No. L-856, April 18, 1949) and treachery are circumstances inherent in
treason, and therefore, not aggravating.
Accepting a public office under the enemy
does not rnostiture the felnnv nftceason Q: A was charged with the crime of treason.
In his defense, he asserts that he can no
Mere acceptance of a public office and the longer be prosecuted for treason since he
discharge of the duties connetted therewith do already lost his Filipino citizenship under
not constitute per se the crime of treason, unless paragraphs 3, 4, and 6 of the Commonwealth
such office was accepted as an aid and for the Act No. 63, which provides that • ...a Filipino
comfort of the enemy and that the person who may lose his citizenship by accepting
accepted the office adheres to the enemy. commission ln the mllitary, naval, or air
service of a foreign country .. ." when he
Treason asacontinuine offense joined the Japanese armed forces. Is his
defense tenable?
It can be committed by a single act or by series
of acts. It can be committed in one single or A: NO. A cannot divest himself of his Philippine
different time. In treason, there is only one citizenship by the simple expedient of accepting
criminal intent. a commission in the military, naval, or air
service of such country. If such contention would
A person who commits treason is not criminally be sustained, the very crime would be the shield
responsible for as many crimes of treason as the that would protect him from punishment.
overt acts as he has intentionally committed to (People v. Manayoo, G.R. No. L-322,july 28, 1947)
give aid to the enemy.
Susnended alleeiance or cbanee of
NOTE: The offender can still be prosecuted even sovereig·nty cannot be used as a defense to
after war. the crime of treason because ofthe fnllnwine
reasons
Common crimes (e.g. murder, robbery,
acsnnl committed in the furtherance of the 1. A citizen owes an absolute and permanent
allegiance to his government;

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2. The sovereignty of the Government is not 3. Proposes its execution to some other person
transferred to the enemy by mere or persons.
occupation;
3. The subsistence of the sovereignty of the The mere conspiracy and proposal to commit
legitimate Government in a territory treason are punishable as felonies under Article
occupied by the military forces of the enemy 115. This is due to the fact that in treason, the
during the war is one of the rules of very existence of the State is endangered.
International Law; and
4. What is suspended is merely the exercise of Two-wiroess rule does not anolv tn
the rights of sovereignty. (Laurel v. Misa, C.R. conspiracy and proposal to commit treason
No. L·409,Jonuory30, 1947)
It is because conspiracy and proposal to commit
NOTE: The defense of duress or uncontrollable treason is separate and distinct offense from
fear, and lawful obedience to a de facto that of treason. (U.S. v. Bautista, C.R. No. 2189,
Government are good defenses in treason. (Go November 3, 1906)
Kim Cham v. Valdez, C.R. No. L·S, September 17,
1945; People v. Bagwis, C.R. No. L-262, March 29, Crime committed if actual acts of treason are
1947) rommitted after the consoiracx or afrer the
nroonsal is ac.rented
CONSPIRACY AND PROPOSAL TO
COMMIT TREASON The crime of treason is already consummated
ART. 115, RPC since the perpetrator had already executed what
was agreed upon or what was proposed to be
Conspiracy to commit treason done. The conspiracy or proposal is then
considered merely as means in the commission
Conspiracy to commit treason is commited thereof.
when, ln tlmes ofwar, two or more persons come
to an agreement to levy war against the MISPRISION OF TREASON
government or to adhere to the enemies and to ART. 116. RPC
give them aid or comfort, and decide to commit
it. (Reyes, 2017) Elements C2010RABJ
Elements of conspiracy to commit treason 1. That the offender who is not a foreigner must
be owing allegiance to the Government; and
1. The Philippines is at war; 2. That he has knowledge of any conspiracy to
2. Two or more persons come to an commit treason against the Government;
agreement to: andThat he conceals or does not disclose or
a. Levy war against the government. or make known the same as soon as possible to
b. Adhere to enemies and to give them the Governor or Fiscal of the province or
aid or comfort; and Mayor or Fiscal of the city in which he
resides.
3. They decide to commit it.
This crime is an exception to the rule that mere
Pcnonsal to commit rceason silence does not make a person criminally liable.
It is a crime of omission.
Proposal to commit treason is committed when
in time of war a person who has decided to levy NOTE: ART. 116 does not apply when the crime
war against the Government or to adhere to the of treason is already commited by someone and
enemies and to give them aid or comfort. the accused does not report its commission to
proposes its execution to some other person or the proper authority.
persons. (Reyes, 2017)
MisociSion of treason cannot he committed
Elements ofaroaosal to commit rceason hvacesidentalien
1. The Philippines is at war; The offender must be owing allegiance to the
2. A person who has decided to levy war Government without being a foreigner.
against the government. or to adhere to the
enemies and give them aid and comfort: and
Penalty (2010 RAB)

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Art. 116 does not provide for a penalty, but the C. That his purpose is to obtain
offender is punished as an accessory to the information, plans, photographs, or
crime of treason. Therefore, the penalty is two other data of confidential nature
degrees lower than that provided for treason. relative to the defense of the
Philippines.
NOTE: The offender in Art. 116 is considered a
principaJ in the crime of misprision of treason, NOTE: The offender must have the
not as an accessory to the crime of treason. The lntentfon to obtain information relative
term accessory refers only to the penalty to be to the defense of the Philippines, but it
imposed, not to the person who acted is not necessary to have actually
subsequent to the commission of the offense. obtained such information.

Q: X, a Filipino citizen, has knowledge of 2. By disclosing to the representative of a


treason committed by someone and does not foreign nation the contents of the articles,
report its commission to the proper data or information referred to in the
authorities. Can he be held liable for preceding paragraph, which he had in his
Misprision of Treason? possession by reason of the public office he
holds.
A: NO. Art. 116 does not apply when the crime of
treason is already committed. This is so because Elements:
Art. 116 speaks of ·knowledge of any conspiracy a. That the offender is a public officer;
ogoinst" the Government of the Philippines, not b. That he has in his possession the
knowledge of treason actually committed by articles, data. or information referred to
another. in paragraph no. 1 of Article 117, by
reason of the public office he holds; and
ESPIONAGE c. That he discloses their contents to a
ART. 117, RPC representative of a foreign nation.

Espionage is the offense of gathering. Offenders underArt 11z


transmitting, or losing information respecting
the national defense with intent or reason to 1. Por. 1 - the offender is any person, whether
believe that the information is to be used to the a citizen or foreign individual or a public
injury of the Republic of the Philippines or to the officer.
advantage of any foreign nation. 2. Por. 2 - the offender is a public officer, who
has in his possession, articles, data, or
NOTE: Espionage can be committed in times of information by reason of the public office he
war and peace. holds.

Wavs of rnmminine esaionaee under Art NOTE: When the offender is a public officer or
117 and their respective elements employee, the penalty next higher in degree
shall be imposed.
1. By entering, without authority therefor, a
warship, fort, or naval or military Othecaas nfesoinnaee which are nnnisbahle
establishment or reservation to obtain any 1mder CA 616 (Ao Act tn Punish Esoinnaee
information, plans, photographs, or other and Other Offenses aeainsrNarinnal Seo,ritvl
data of a confidential nature relative to the
defense of the Philippines. 1. Unlawfully obtaining or permitting to be
obtained information affecting national
Elements: defense;
a. That the offender enters in any place 2. Unlawful disclosing of information affecting
mentioned therein; national defense;
3. Disloyal acts or words in time of peace;
NOTE: The offender is any person, 4. Disloyal acts or words in time of war;
whether a citizen or a foreigner, a 5. Conspiracy to violate preceding acts;
private individual or a public officer. 6. Harboring or concealing violators of law;
and
b. That he has no authority therefor; and 7. Photographing from aircraft of vital military
information.

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Esoionaee vis-ta-vJs Treason It is any kind of forcible or coercive measure


whereby one State seeks to exercise a deterrent
BASIS ESPIONAGE TREASON effect or to obtain redress or satisfaction,
It is a crime With the directly or indirectly, for consequences of the
not amendment, illegal acts of anotherState which has refused to
conditioned by under Art. make amends for such illegal conduct.
citizenship of 114, treason
the offender. may be Reprisal is resorted to for the purpose of settling
Asto the
committed a dispute or redressing a grievance without
citizenship going to war.
by a Filipino
ofthe
citizen or an
offender
alien Extent ofrenrisa!s
residing in
the Reprisals are not limited to military ac.tion. It
Philippines. could be economic reprisals or denial of entry
into their country (e.g. X burns a Singaporean
It may be It is Hag. If Singapore bans the entry of Filipinos, that
Asto the committed committed is reprisal).
time it may either in times only in times
be of war or in of war. Q: From 1658 to 2012, the inhabitants of
committed time of peace. Sabah Malaysia were paying rents to the
Sultanate of Sulu. On 2013, Sultan J of the
It may be There are Sultanate of Sulu decided to send its royal
committed in only two forces in order to claim ownership over
Asto the different ways. modes of Sabah on the basis of a document ceding
monnerof committing ownership of Sabah from Brunei in favor of
committing treason as Sulu. Since Sabah is already part of the
the crime provided territory of Malaysia and claiming that the
under Article act of Sultan J violates Art. 118 of the RPC, the
114. Philippine government sued Sultan J. Will the
suit prosper?
INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS A: NO. Art. 118 is applicable only when the
ART. 118, RPC offender performs unlawful or unauthorized
acts. Sultan J was merely asserting his right to
Elements own the territory ofSabah when he sent its royal
forces. The cession made by Brunei in favor of
1. That the offender performs unlawful or the Sultanate of Sulu is a lawful and authorized
unauthorized acts; and basis upon which the claim of Sultan J may be
2. That such acts provoke or give occasion for made.
a war involving or liable to involve the
Philippines or expose Filipino citizens to VIOLATION OF NEUTRALITY
reprisals on their persons or property. ART. 119, RPC

If both elements concur, the crime is committed Neutrality


regardless of his intentions.
A condition of a nation wherein, in times of war,
Time ofcommission takes no part in the dispute but continues
peaceful dealings with the belligerents.
The crime of inciting to war or giving motives for
reprisals is committed in times of peace. Elements
1. That there is a war in which the Philippines
NOTE: If the offender is a private individual, the is not involved;
penalty is prision mayor. If the offender is a 2. That there is a regulation issued by a
public officer or employee, the penalty is competent authority for the purpose of
recluslon temporal. enforcing neutrality; and
3. That the offender violates such regulation.
Benrisal

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Authority to issue a regulation for the FLIGHT TO ENEMY COUNTRY


enfnrcement nfneutralitx ART. 121, RPC

The regulation must be issued by competent Elements


authority like the President of the Philippines or
the Chief of Staff of the Armed Forces of the 1. That there is a war in which the Philippines
Philippines, during a war between different is involved;
countries in which the Philippines is not taking 2. That the offender must be owing allegiance
sides. to the Government;
3. That the offender attempts to flee or go to
CORRESPONDENCE WITH HOSTILE COUNTRY enemy country; and
ART. 120, RPC 4. That going to enemy country is prohibited
by competent authority.
Corcesnnndence
NOTE: It should be noted that the mere attempt
Communication by means of letters; or it may to flee or go to enemy country when prohibited
refer to the letters which pass between those by competent authority consummates the felony.
who have friendly or business relation.
Persons Ha hie
Elements
Alien residents, not only Filipino citizens, can be
1. There is a war in which the Philippines is held liable under this artide. That Jaw does not
involved; say "not being a foreigner." Hence, allegiance
2. That the offender makes correspondence herein may be permanent or temporary.
with an enemy country or territory occupied
by enemy troops; and PIRACY IN GENERAL AND MUTINY IN THE
3. That the correspondence is either: HIGH SEAS OR IN PHILIPPINE WATERS
ART. 122, RPC
a. Prohibited by the government;
b. Carried on in ciphers or conventional .l!ii:aQ:
signs; or
c. Containing notice or information which It is robbery or forcible depredation on the high
might be useful to the enemy. seas, without lawful authority and done with
animo furandi (intent ta steal) and in the spirit
NOTE: Even if the correspondence contains and intention of universal hostility.
innocent matters, but the correspondence has
been prohibited by the Government, it is still Modes of committing piracy
punishable. However, in paragraphs 2 and 3 of
Art. 120, prohibition by the Government is not 1. By attacking or seizing a vessel on the high
essential. seas; or
2. By seizing the vessel while on the high seas
Ciohecs or the whole or part of its cargo, its
equipment or personal belongings of its
It means secret message or code. complement or passengers, by non­
passengers or non-members of the crew.
Cica,msrances m,alifvine the offense under
Art 120 Elements (2006 RABl
Two things must concur to qualify the offense: 1. That a vessel is on the high seas or in the
Philippine waters;
1. That the notice or information might be
useful to the enemy; and 2. That the offenders are not members of its
2. That the offender intended to aid the enemy. complement or passengers of the vessel; and

NOTE: If the offender intended to aid the enemy 3. That the offenders either:
by giving such notice or information, the crime a. Attack or seize that vessel, or
amounts to treason; hence, the penalty is the b. Seize the whole or part of the cargo of
same as that for treason. said vessel, its equipment or personal

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BOOK II - CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

belongings of its complement or Can be committed Can be committed


passengers. while the vessel is on only when the vessel
high seas or in is in Philippine
Hieb seas Philippine waters waters

It means any waters on the sea coast which are Can only be committed Can be committed by
without the boundaries of the low-water mark, by persons who are any persons,
although such waters may be in the not members of the including the vessel's
jurisdictional limits of a foreign government. The vessel's complement, complement, or the
Convention on the Law of the Sea defines "high or the passengers of passengers of the
seas" as parts of the seas that are not included in the vessel vessel
the exclusive economic zone, in the territorial
seas, or in the internal waters of a State, or in the
archipelagic waters of an archipelagic State. It NOTE: There is, thus, no piracy when members
does not mean that the crime is committed of the vessel's complement or its passengers
beyond the three-mile limit of any State. attack or seize the vessel or its cargo on high
seas. The offense would then be theft or robbery
Court which has jurisdiction over piracy
cognizable by Philippine courts, if the crime is
committed in the hieh seas committed on a Philippine ship, pursuant to par.
1, Art. 2 of the RPC.
Pirates are in law hastes humani gener;s. Piracy
is a crime not against any particular state but
against all mankind. It may be punished in the
Mutinx
competent tribunal of any country where the It is the unlawful resistance to a superior officer,
offender may be found or into which he may be or the raising of commotions and disturbances
carried. on board a ship against the authority of its
commander.
The jurisdiction of piracy unlike all other crimes
has no territorial limits. As it is against aJI so
may it be punished by all. Nor does it matter that
Piracx xis-ta-xisMutinx
the crime was committed within the
jurisdictional 3-mile limit of a foreign state, "for PIRACY MUTINY
those limits, though neutraJ to war. are not
neutral to crimes." (People v. lo-lo ond Saraw, Offenders are Offenders are
G.R. No. 179S8, February 27, 1922) strangers to the vessel. members of the
Hence, offenders are complement or the
Q: If piracy was committed outside the neither passengers passengers of the
Philippine waters, will the Philippine courts nor crew members vessel
have jurisdiction over the offense?
Done with anlmo Against the authority
A: YES. For piracy falls under Title I Book 2 of furandijintent to of
the Revised Penal Code. As such, it is an stea/and with
exception to the rule on territoriality in criminal the intention of the commander of
law under Artide 2. universal hostility the ship

The same principle applies even if the offenders Intent to gain is an The offenders only
were charged, not with a violation of qualified element of piracy intend to ignore the
piracy under the Code but under a special law, ship's officers. Intent
P.D. 532 which penalizes piracy in Philippine to gain is immaterial.
waters. (People v. Catontan, G.R. No. 11807S,
September S, 1997) Attack from the Attack from the
outside inside
Piracy underthe BPCxis-a-visPiracyunder
PD 532
QUALIFIED PIRACY
ART. 123, RPC
PIRACY UNDER THE PIRACY UNDER
RPC P.D. 532

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Circumstances qualifying the crimes of


oiracx andmntlnv C2006 RABJ
1. Whenever they have seized a vessel by
boarding or firing upon the same;

NOTE: The first qualifying circumstance


does not apply to mutiny since the offenders
are already on board the ship.

2. Whenever the pirates have abandoned their


victims without means of saving themselves;
or (2008 BAR)
3. Whenever the crime is accompanied by
murder, homicide, physical injuries, or rape.

No comnlex crime ofoiracx with murder


There is only one crime committed - qualified
piracy. Murder, rape, homicide, physical injuries
are mere circumstances qualifying piracy and
cannot be punished as separate crimes, nor can
they be complexed with piracy. Qualified piracy
is considered a special complex crime. It is
punishable by reclusion perpetuo to death
regardless of the number of victims.

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BOOK II - CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

CRIMES AGAINST THE FUNDAMENTAL changing the same


LAWS OF THE STATE within the limits
prescribed by law
Barionale shall not be
impaired."
They are called crimes against ·the fundamental
laws of the State• because they violate certain Art. 128 (Violation Sec. 2, Article 3,
provisions of the Bill of Rights under the 1987 of Domicile); Art. 1987 Constitution;
Philippine Constitution. 129 (Search "The right of the
Warrants people to be
Crimes against the fundamental laws of the Maliciously secure in their
S1a1t Obtained and Abuse persons, houses,
in the Service of papers and effects
1. Arbitrary detention (Art. 124, RPC); those Legally against
2. Delay in the delivery of detained persons to Obtained); Art. 130 unreasonable
the proper judicial authorities (Art 125, (Searching Domicile searches and
RPC); Without Witnesses) seizure xxx shall
3. Delaying release (Art 126, RPCJ; be inviolable."
4. Expulsion (Art 127, RPC); Art. 131 Sec. 4 Article 3,
5. Violation of domicile (Art 128, RPC); (Prohibition, 1987 Constitution;
6. Search warrants maliciously obtained and Interruption and "No law shall be
abuse in the service of those legally obtained Dissolution of passed abridging
(Art 129, RPC); Peaceful Meetings) the freedom of
7. Searching domicile without witnesses (Art. speech, of
130, RPC); expression, or of
8. Prohibition, interruption, and dissolution of the press, or the
peaceful meetings (Art 131, RPCJ; right of the people
9. Interruption of religious worship (Art 132, peaceably to
RPC);and assemble and
10. Offending the religious feelings (Art 133, petition the
RPC). Government for
redress of
GR: Offenders under this title are public i?rievances xxx."
officers or employees. Art. 132 Sec. 5, Article 3,
(Interruption of 1987 Constitution;
XPN: Religious Worship); "No law shall be
Art. 133 (Offending made respecting
1. Under Art. 133, offending the religious the Religious an establishment
feelings, the offender maybe any person; Feelings) of religion, or
2. When a private person conspires with a prohibiting the
public officer or acts as accomplice or free exercise
accessory in the commission of the crime. thereof. The free
exercise and
Constitutional bases of rhe crimesunder this enjoyment of
Ii.!!t religious
profession and
RPC CONSTITUTION worship without
Art. 124 (Arbitrary Sec. 1 of Article Ill discrimination or
Detention); Art. 125 (Bill of Rights) "No preference shall
(Delay in the person shall be forever be
Delivery of Detained deprived of xxx allowed.
Persons); Art. 126 liberty xxx without
(Delaying Release) due process of law Classes of arbitrary detention (2006 BAR)
xxx."
Art. 127 (Expulsion) Sec. 6, Article 3, 1. Detaining a person without legal ground
1987 Constitution; (Art. 124, RPC);
"The liberty of 2. Delay in the delivery of detained persons to
abode and of the proper authorities (Art 125, RPCJ; and

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3. Delaying release (Art 126, RPC). A: A public officer or employee. However, it is


necessary that the public officer must be vested
NOTE: The imposable penalties for violation of with the authority to detain or order the
Arts. 125 and 126 are those provided for under detention of persons accused of a crime such as
Art. 124. policemen and other agents of law, judges or
mayors, barangay captain and a municipal
ARBITRARY DETENTION councilor. (Reyes, 2017)
ART. 124, RPC
Effect if the ouhJic officerhas no anthoritv to
ElementsCl992 RABJ derainaoecson
1. Offender is a public officer or employee If the offender does not have the authority to
vested with the authority and jurisdiction to detain a person or to make such arrest, the crime
effec.t arrest and detain a person; committed by him is illegal detention. A public
2. He detains a person; and officer who is acting outside the scope of his
3. Detention is without legal grounds. (U.S. v. official duties is no better than a private citizen.
Braganza, C.R. Na. 3971, February 3, 1908)
NOTE: In arbitrary detention, the offender is a
Detention public officer whose functions have something
to do with the protection of life and/or property
The actual confinement of a person in an and maintenance of peace and order. Thus, if the
enclosure, or in any manner detaining and person, who arrests another without legal
depriving him of his liberty. ground, is without authority to do so, like a clerk
in the Office of the Central Bank Governor,
Periods of detention and punishment arbitrary detention is not the proper charge but
illegal detention.
1. Detention for 3 days or less - punishable
by arresto mayor in its maximum to pn'sion A barangay chairman can be guilty of
correccional in its minimum. arhitracx detention
2. Detention for more than 3 to 15 days -
punishable by pn'sion correcdonal in its In order to maintain peace and order, he must
medium and maximum. have the authority to cause the arrest and
3. Detention for more than 15 days to 6 detention of a person. (Boada, 2008)
months - punishable by prisian mayor.
4. Detention for more than 6 months I,eeal eronnds fnr the detention of oecsons
punishable by reclusion temporal. C2006BABl
Arhitcacx detention even if rhe vittims were GR:
not keotin an eocinsuce 1. Commission of a crime;
a. Arrest with a warrant
There is arbitrary detention even if the victims b. Warrantless arrest
were not kept in an enclosure. The prevailing
jurisprudence on kidnapping and illegal NOTE: Instances of a valid warrantless
detention is that the curtailment of the victim's arrest under Rule 113, Sec. 5 of the Revised
liberty need not involve any physical restraint Rules of Court:
upon the victim's person. If the acts and a. Suspect is caught in flagrante delicto;
actuations of the accused can produce such fear b. Suspect is caught immediately after the
in the mind of the victim sufficient to paralyze commission of the offense when the
the latter, to the extent that the vit1:im is officer has probable cause to believe
compelled to limit his own actions and based on personal knowledge of facts
movements in accordance with the wishes of the and circumstances that the person to be
accused, then the vittim is, for all intent and arrested committed it; and
purposes, detained against his will. (Astorya v. c. Escaping prisoners.
People, G.R. No. 154130, October 1, 2003)
2. Violent insanity or other ailment requiring
Q: Who is the offender under Art. 124? compulsory confinement of the patient in a
hospital;

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XPN: When the peace officers acted in good faith The offender The offender
even if the grounds mentioned above are not is a public may be any
Asto the
obtaining. there is no arbitrary detention. officer person
capacity of
possessed
Illustration: Two BIR secret agents, strangers in the
with authority
offender
the municipality who were spying the to make
neighborhood of the market place and acting arrests
generally in a manner calculated to arouse the The purpose The purpose
suspicion of any one not advised as to their duty, for detaining is to accuse
were arrested by policemen of the town. The the offended the offended
Supreme Court held that the police officers acted party is to party of a
in good faith and cannot be held liable for deny him of crime he did
arbitrary detention. (U.S. v. Batalliones, G.R. No. his liberty not commit,
7284, August 23, 1912) to deliver the
Asto the
person to the
NOTE: R.A. 7438 mandates the duties of purpose of
proper
arresting officer under pain of penalty detainment
authority, and
(imprisonment of 8 years to 10 years or fine of to file the
Php 6,000 or both) in case of failure to comply. necessary
charges in a
Arhitrarx dereotion can he committed tho, way of trying
imoa,dence to incriminate
him.
Illustration: A police officer re-arrests a woman
who had been released by means of verbal order Q: X, a police officer, falsely imputes a crime
of the judge. The police officer acted without against A to be able to arrest him but he
malice, but did not verify the order of release appears to be not determined to file a charge
before proceeding to make the re-arrest. He is against him. What crime, if any, did X
liable for arbitrary detention through simple commit?
imprudence. (People v. Miso, 36 O.G. 3496)
A: The crime is arbitrary detention through
Arhitrarx derention vis-A-vi£ meeal unlawful arrest. (Boado, 2008)
deteotioo
DELAY IN THE DELIVERY OF DETAINED
PERSONS TO THE PROPER
ARBITRARY JUDICIAL AUTHORITY
BASIS ILLEGAL
DETENTION ART. 125, RPC
DETENTION
The principal The principal Elements fl990 BAR)
Asto the
offender must offender is a
principa/'s
be a public private person 1. Offender is a public officer or employee;
capacity
officer 2. He has detained a person for some legal
The offender The offender, ground; and
who is a even if he is a 3. He fails to deliver such person to the proper
public officer public officer, judicial authorities within:
Asto his
has a duty does not
duty to
which carries include as his a. 12 hours for crimes/offenses punishable
detain a
with it the function the by light penalties or their equivalent;
person
authority to power to arrest b. 18 hours for crimes/offenses punishable
detain a and detain a by correctional penalties or their
person person equivalent;
c. 36 hours for crimes/offenses punishable
Arhitrarx derention vis-ta-visIInlawful arrest by afflictive penalties or their
equivalent.

ARBITRARY UNLAWFUL NOTE: The phrase "or their equivalent'' means


BASIS
DETENTION ARREST that it is applicable even in violation of special
laws.

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CRIMINAL LAW

Circumstances considered in determining believe than an offense has been committed


liahilirv of officerderainineaoecson hevond and that the object sought in connection
the legalperiod with the offense are in the place sought to be
searched.
1. The means of communication;
2. The hour of arrest; and Personal knowledge of facts - must be
3. Other circumstances such as the time of based upon probable cause, which means an
surrender and material possibility of the at1:ual belief or reasonable grounds of
fiscal to make the investigation and file in suspicion.
time the necessary information.
3. Escaping Prisoner· When the person to be
Oelax in the deJixerx of detained necsnns vis­ arrested is a prisoner who has escaped from
A-viS Arbitrary detenrinn a penal establishment or place where he is
serving final judgment or temporarily
confined while his case is pending. or has
DELAY IN THE DELIVERY ARBITRARY escaped while being transferred from one
OF DETAINED PERSONS DETENTION confinement to another.

The detention is legal at the The detention is Delivery {1990 BAR)


outset but becomes illegal at the
arbitrary when the very inception It means the filing of correct information or
detention exceeds any of the because of the complaint with the proper judicial authorities. It
periods of time specified in absence of does not mean physical delivery or turnover of
Art. 125 without the person lawful cause for arrested person to the court.
detained having been such arrest.
charged before the proper Proper judicial authorities
·ucticial authori
It refers to the courts of justice or judges of said
courts vested with judicial power to order the
S'iniarion contemalared hx Art 125 BPC temporary detention or confinement of a person
Art. 125 contemplates a situation where arrest charged with having committed a public offense.
was made without a warrant but there exists a
legal ground for the arrest. It does not apply Pnrv of the officerifthe indee is not available
when the arrest is on the strength of a warrant
of arrest, because in the latter case, there is no Where a judge is not available, the arresting
period required for the delivery of a detained officer is duty-bound to release a detained
person to the proper judicial authorities except person, if the maximum hours for detention had
that it must be made within a reasonable time. already expired. Failure to cause the release may
The person arrested can be detained indefinitely result in an offense under Art. 125. (Albor v.
until his case is decided by the court or until he Auguis, AM. No. P-01-1472, June 26, 2003)
posts bail for his temporary release.
Pecson arrested withouta warrant who nots
Warrantless arrest is lawfully effected when to availhis riehtto nreHminarvinvestieatinn
1. In Flagrante Delict.o - When, in his Under the Revised Rules of Court, he should
presence, the person to be arrested has waive in writing his rights under Art. 125. The
committed, is actually committing, or is waiver must be under oath and with the
attempting to commit an offense. assistance of counsel.

2. Hot Pursuit · When an offense has in fact Rights of the person detained
been committed, and he has probable cause
to believe based on personal knowledge of 1.He shall be informed of the cause of his
facts and circumstances that the person to detention; and
be arrested has committed it. 2. He shall be allowed, upon his request to
communicate and confer at anytime with his
Probable cause such facts and attorney or counsel.
circumstances which could lead a
reasonable discreet and prudent man to NOTE: The illegality of detention is not cured by
the filing of the information in court.

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l,eneth of waiver This Article does not apply in cases of ejectment,


expropriation or when the penalty imposed is
1. Light offense - S days destierro.
2. Serious and Jess serious offenses - 7 to 10
days Illustration: In Villavicencio v. Lukban, the
mayor of the City of Manila wanted to make the
lfrhe oecson arrested does not wantrowaive city free from prostitution. He ordered certain
his rights under Art. 125 prostitutes to be transferred to Davao, without
observing due processes since they have not
The arresting officer will have to comply with been charged with any crime at all. It was held
Art. 125 and file the case immediately in court that the crime committed was expulsion.
without preliminary investigation.
Only the court by final judgment can order a
DELAYING RELEASE person to change his residence. This is
ART. 126, RPC illustrated in ejectment proceedings,
expropriation proceedings, and in the penalty of
Punishable acts destierro. (Reyes, 2012)

1. Delaying the performance of judicial or Elements


executive order for the release of a prisoner;
2. Unduly delaying the service of the notice of I. Offender is a public officer or employee;
such order to said prisoner; and 2. He either:
3. Unduly delaying the proceedings upon any
petition for the liberation of such person. a. Expels any person from the Philippines
b. Compels a person to change residence;
Elements and
c. Offender is not authorized to do so by
1. Offender is a public officer or employee; law.
2. There is a judicial or executive order for the
release of the prisoner or detention Essence ofrbe crime ofexm,lsion
prisoner, or that there is a proceeding upon
a petition for the liberation of such person; It is coercion, but it is specifically termed
and expulsion when committed by a public officer.

NOTE: The prisoners could be prisoners by Grave coercion


final judgment or detention prisoners.
A private person who committed any of the
3. Offender without good reason delays: punishable at-rs under Art. 127 is responsible for
the crime of grave coercion.
a. Service of notice of such order to the
prisoner; or Expulsion
b. Performance of such judicial or
executive order for the release of the The crime of expulsion is committed if aliens are
prisoner; or deported without an order from the President or
c. Proceedings upon a petition for the the Commissioner of Immigration and
release of such person. Deportation after due proceedings.

NOTE: Wardens and jailers are the public NOTE: Pursuant to Sec. 69 of the Revised
officers most likely to violate this article. Administrative Code, only the President of the
Philippines is vested with authority to deport
EXPULSION aliens.
ART. 127, RPC
The crime of expulsion is also committed when a
Punishable acts Filipino who, after voluntarily leaving the
country, is illegally refused re-entry by a public
1. Expelling a person from the Philippines; and officer because he is considered a victim of being
2. Compelling a person to change his forced to change his address.
residence.

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VIOLATION OF DOMICILE vexation, if there is no violence or intimidation.


ART. 128, RPC (Art287)

Punishable acts {2002. 2009 BAR) Qualifying circumstances under Art. 128

1. Entering any dwelling against the will of the 1. If committed at night time; and
owner thereof; 2. If any papers or effects not constituting
2. Searching papers or other effects found evidence of a crime are not returned
therein without the previous consent of immediately after the search is made by the
such owner; and offender.
3. Refusing to leave the premises after having
surreptitiously entered said dwelling and SEARCH WARRANTS MALICIOUSLV
after having been required to leave the OBTAINED ANO ABUSE IN THE SERVICE
same. OF THOSE LEGALLV OBTAINED
ART. 129, RPC
NOTE: What is punished is the refusal to leave,
the entry having been made surreptitiously. r,miShahle aCJs
"Aeainst the will nfrhe ownec:: 1. Procuring a search warrant without just
cause
It presupposes opposition or prohibition by the
owner, whether express or implied, and not Elements:
merely the absence of consent. a. That the offender is a public officer or
employee;
NOTE: When one voluntarily admits to a search b. That he procures a search warrant: and
or consents to have it made upon his person or c. That there is no just cause.
premises, he is precluded from later complaining
thereof. The right to be secure from 2. Exceeding his authority or by using
unreasonable searches may, like every right, be unnecessary severity in executing a search
waived and such waiver may be either expressly warrant legally procured.
or impliedly.
Elements:
Common elements a. That the offender is a public officer or
employee;
1. Offender is public officer or employee; and b. That he has legally procured a search
2. He is not authorized by judicial order to warrant; and
enter the dwelling and/or to make a search c. That he exceeds his authority or uses
for papers and for other effects. unnecessary severity in executing the
same.
Trespass to dwelling
Search warrant
The crime committed is trespass to dwelling
when the punishable acts under Art. 128 are It is an order in writing, issued in the name of
committed by a private person. the People of the Philippines, signed by a judge
and directed to a peace officer, commanding him
AonHcahilitx of ocoxiSioos under Art 126 iC to search for personal property described
the ocnmaot nfrhe ncemises is not the owner therein and bring it before the court.

It would be sufficient if the inhabitant is the Personalocooertvrohe seized


welling, although he is not the property owner.
1. Subject of the offense;
Art 126 when notaoolirahle 2. Stolen or embezzled and the other proceeds
or fruits of the offense; or
If a public officer, not armed with a search 3. Used or intended to be used as the means of
warrant or a warrant of arrest, searches a committing an offense. (Sec. 3, Rule 126,
person outside his dwelling, the crime Revised Rules of Criminal Procedure; Reyes,
committed is grave coercion, if violence and 2017)
intimidation are used (Art 286); or unjust

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Beonisite fnr the issuance of search warrnnt to his liability for the commission of any other
offense.
A search warrant shall not issue except upon
probable cause in connection with one specific Elements of exceedine authoritv or usine
offense to be determined personally by the judge unnecessary severity in executing a search
after examination under oath or affirmation of waccant leeallv nrna,ced·
the complainant and the witnesses he may
produce, and particularly describing the place to 1. That the offender is a public officer or
be searched and the things to be seized which employee;
may be anywhere in the Philippines. (Sec. 4, Rule 2. That he has legally procured a search
126, Revised Rules of Criminal Procedure) warrant; and
3. That he exceeds authority or uses
NOTE: A search warrant shall be valid for 10 unnecessary severity in executing the same.
days from its date. Thereafter, it shall be void.
SEARCHING DOMICILE WITHOUT WITNESSES
Search warrant iHeeallx nhrained ART. 130

Search warrant is considered illegally obtained Elements


when it was procured without a probable cause.
1. Offender is a public officer or employee;
Probable cause 2. He is armed with search warrant legally
procured;
It is defined as such facts and circumstances 3. He searches the domicile, papers or other
which would lead a reasonably discreet and belongings of any person; and
prudent man to believe that an offense has been
committed and that the object sought in NOTE: The papers or other belongings must
connection with the offense are in place sought be in the dwelling of the owner at the time
to be searched. (Burgos v. Chief of Stoff, G.R. No. the search is made.
L-64261, December 26, 1984)
4. Owner or any member of his family, or two
Test fnr lack nfinsr cause witnesses residing in the same locality are
not present.
Whether the affidavit filed in support of the
application for search warrant has been drawn NOTE: Article 130 does not apply to
in such a manner that perjury could be charged searches of vehicles or other means of
thereon and the affiant could be held liable for transportation, because the searches are not
damages caused. (Alvarez v. Court et al., 64 Phil made in the dwelling.
33)
5. Owner or any member of his family, or two
Conseonence of evidence obrained 11Sine a witnesses residing in the same locality are
search warrant that was issued without ;ust not present.

This article does not apply to searches of
When papers and effects are obtained during vehicles and other means of transportation.
unreasonable searches and seizures, or under a (Reyes, 2008)
search warrant issued without probable cause,
or in violation of the privay of communications The wiroesses ducine the search should he in
and correspondence, the papers or effects the tollnwine order
obtained are not admissible for any purpose in
any proceeding. (Sec. 2 and 3, Art 111, 1987 1. Homeowner;
Constitution) 2. Members of the family of sufficient age and
discretion; and
Effea if the search warrant is secured 3. Responsible members of the community.
through a false affidavit
Unlike in Art.128 where the public officer is not
The crimes committed are separate crimes of armed with a warrant, in crimes under Art. 129
perjury and violation of Art. 128. The liability of and 130, the search is made by virtue of a valid
the offender under Art. 129 shall be in addition warrant, but the warrant notwithstanding. the

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CRIMINAL LAW

liability for the crime is still incurred through 2. He performs any of the acts mentioned
the following situations: above

1. The search warrant was irregularly Necessity that the offender be a stranger to
obtained; the meetlne that bas been iorerrnnted and
2. The officer exceeded his authority under the dissolved
warrant;
3. The public officer employs unnecessary or To be held liable under Art. 131, it is necessary
excessive severity in the implementation of that the offender be a stranger to the meeting
the search warrant: or that has been interrupted and dissolved. If the
4. The owner of dwelling or any member of the offender is a participant of the meeting. he is
family was absent. or two witnesses residing liable for unjust vexation.
within the same locality were not present
during the search. Oolvaonblic officeror emolnvee ran commit
this crime
Q: Suppose, X, a suspected pusher lives in a
condominium unit. Agents of the PDEA If the offender is a private individual, the crime
obtained a search warrant but the name of is disturbance of public order defined in Article
the person in the search warrant did not tally 153.
with the address indicated therein.
Bemlirine a nermit before aov meetlne or
Eventually, X was found but in a different assembly cannot be construed as preventing
address. X resisted but the agents insisted on neacefnl assemblies
the search. Drugs were found and seized and
X was prosecuted and convicted by the trial The permit requirement shall be in exercise only
court. Is the search valid? of the government's regulatory powers and not
really to prevent peaceful assemblies. This
A: NO, because the public officers are required requirement is legal as long as it is not being
to follow the search warrant by its letter. They exercised as a prohibitory power.
have no discretion on the matter. Their remedy
is to ask the judge to change the address NOTE: But if such application for permit is
indicated in the search warrant. arbitrarily denied or conditions which defeat the
exercise of the right to peaceably assemble is
PROHIBITION, INTERRUPTION AND dictated by the officer, this article applies.
DISSOLUTION OF PEACEFUL MEETINGS
ART. 131, RPC Prohibition lnreramtlno or PissnlnJino of
Peaceful Meetings vis-:1-vis Tumults and
Punishable acrs nther Disturbances
1. Prohibiting or interrupting, without legal PROHIBITION,
TUMULTS AND
ground, the holding of a peaceful meeting, or INTERRUPTION,
OTHER
by dissolving the same; OR DISSOLUTION
DISTURBANCES
2. Hindering any person from joining any OF PEACEFUL
Art 153
lawful association or from attending any of MEETINGS
its meetings; and Art 131
3. Prohibiting or hindering any person from The public officer is The public officer is a
addressing. either alone or together with not a participant. As participant of the
others, any petition to the authorities for far as the gathering assembly
correction of abuses or redress of is concerned, the
grievances. public officer is a
third ar
Elements The offender must The offender could be a
be a public officer private person,
In all three cases, the following elements must whether a participant
concur: of the assembl or not

1. Offender is a public officer; and INTERRUPTION OF RELIGIOUS WORSHIP


ART. 132, RPC

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Elements Those religious acts performed outside of a


church, such as processions and special prayers
1. Offender is a public officer or employee; for burying dead persons. (Reyes, 2012)
2. Religious ceremonies, or manifestations of
any religious ceremonies are about to take Act considered notoriously offensive
place or are going on; and
3. Offender prevents or disturbs the same. An act is considered notoriously offensive when
the act is directed against religious practice or
If the offender is a private individual, he may be dogma or ritual for the purpose of ridicule, such
liable under Art. 133. as mocking, or scoffing at, or attempting to
damage an object of religious veneration.
Religious worship includes people in the act of (People v. Boes, C.R. Na. 46000, May 25, 1939)
performing religious rites for reUglous ceremony
or manifestation of religion. If the prohibition or NOTE: There must be deliberate intent to hurt
disturbance is committed only in a meeting or the feelings of the faithful. Mere arrogance or
rally of a sect, it would be punishable under Art. rudeness is not enough.
131.
Q: Baes, while holding the funeral of
Onalifvine rirn,mstances nfthe crime Macabigtas, in accordance with the rites of a
religious sect known as "Church of Christ,"
If the crime is committed with violence or caused the funeral to pass through the
threats. churchyard belonging to the Roman Catholic
Church. The parish priest filed a complaint
Barionale fnr mmisbioe the intecnmtlon of against Baes for the violation of Article 133.
celie-ions wocshio Is Baes liable?

Persons who meet for the purpose of religious A: NO.The SC held that the act imputed to the
worship, by any method which is not indecent accused does not constitute the offense
and unlawful, have a right to do so without being complained of. At most, they might be
molested or disturbed. (U.S. v. Balcorta, 25 Phil chargeable with having threatened the parish
279) priest or with having passed through a private
property without the consent of the owner.
OFFENDING THE RELIGIOUS FEELINGS
ART. 133, RPC An act is said to be notoriously offensive to the
religious feelings of the faithful when a person
Elements ridicules or makes light of anything constituting
a religious dogma; works or scoffs at anything
1. Acts complained of were performed: devoted to religious ceremonies; plays with or
damages or destroys any object of veneration by
a. In a place devoted to religious the faithful.
worship; or
b. During the celebration of any The mere act of causing the passage through the
religious ceremony churchyard belonging to the Church, of the
funeral of one who in life belonged to the Church
2. Acts must be notoriously offensive to the of Christ, neither offends nor ridicules the
feelings of the faithful. religious feelings of those who belong to the
Roman Catholic Church. (People v. Boes, ibid.)
NOTE: It is not necessary that there is religious
worship. Q: While a "pabasa• was going on at a
municipality in the Province ofTarlac, Reyes
NOTE: Art. 133 is the only crime against the and his company arrived at the place,
fundamental law of the State that may be carrying bolos and crowbars, and started to
committed not only by public officer but also by construct a barbed wire fence in front of the
a private person. chapel.

Beliei211s Ceremonies The chairman of the committee in charge of


the "pabasa" persuaded them to refrain from
said acts, A verbal altercation then ensued.

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The people attending the •pabasa• left the


place hurriedly in confusion and the •pabasa•
was discontinued until after investigation.
Reyes and his company, in their defense
claim that the land where the chapel is bull!
belongs to the Clemente family, of which they
are partisans. Are the accused guilty of the
crime under Art. 133?

A: NO. The SC held that Art. 133 of the RPC


punishes acts ..notoriously offensive to the
feelings of the faithful." The construction of a
fence even though irritating and vexatious under
the circumstances to those present. is not such
an act as can be designated as "notoriously
offensive to the faithful.•

In this case, the accused were acquitted of a


violation of Art. 133 of the RPC but they were
found guilty of a violation of Art. 287 of the RPC
for the circumstances showed that their acts
were done in such a way as to vex and annoy the
parties who had gathered to celebrate the
"pabasa.• (People v. Reyes, et al., G.R. No. L-40577,
August 23, 1934)

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CRIMES AGAINST PUBLIC ORDER


REBELLION INSURRECTION
Political Crimes Object of the It merely seeks to
movement is to effect some change of
Those that are directly aimed against the completely minor importance, or
political order, as well as such common crimes overthrow and to prevent the
as may be committed to achieve a political supersede the exercise of
purpose. The decisive factor is the intent or existing governmental
motive. government. authority with respect
to particular matters
REBELLION OR INSURRECTION or sub·ects.
ART. 134, RPC
Behellion cannot he r.omolexed with common
Narnre nfrhe crime nfrehellion crimes
Rebellion is a crime of the masses. It requires a Being within the purview of "engaging in war"
multitude of people. It is a vast movement of and "committing serious violence," said resort to
men and a complex network of intrigues and arms, with the resulting impairment or
plots. destruction of life and property, constitutes not
two or more offense, but only one crime that of
Elements rebellion plain and sim pie. (People v . Hernandez
eta/., G.R. No. L-6025-26,July 18, 1956)
1. That there be:
NOTE: Killing, robbing, etc. for private purposes
a. Public uprising; and or profit without any political motivation, would
b. Taking of arms against the Government. be separately punished and would not be
absorbed in the crime of rebellion. (People v.
2. Purpose of uprising or movement is either to: Geronimo et of., G.R. No. L-8936, October 23,
1956)
a. Remove from the allegiance to said
Government or its laws: Q: Is the ruling in Hernandez applicable even
i. The territory of the Philippines if the common crime committed is
or any part thereof; or punishable by a special law?
ii. Any body of land, naval or other
armed forces; A: YES. All crimes, whether punishable under a
special or general law, which are mere
b. Deprive the Chief Executive or Congress, components or ingredients, or committed in
wholly or partially, any of their powers furtherance thereof, become absorbed in the
or prerogatives crime of rebellion and cannot be isolated and
charged as separate crimes themselves. (Ponce
Essence of the crime of rebellion Enrile v. Amin, G.R. No. 93335, September
13,1990)
The essence of rebellion is public uprising and
the taking of arms for the purpose of Q: As a result of the killing of SPO3 Jesus
overthrowing the Government by force although Lucila, Elias Lovedioro was charged with and
it is not necessary that the rebels succeed in subsequently found guilty of the crime of
overthrowing the Government. It is generally murder. On appeal, Lovedioro claims that he
carried out by civilians. should have been charged with the crime of
rebellion, not murder as, being a member of
If there is no public uprising, the crime is direct the NPA, he killed Lucila as a means to or in
assault. furtherance of subversive ends. The Solicitor
General, opposing appellant's claim, avers
NOTE: Attual clash of arms with the forces of that it is only when the defense had
the Government is not necessary to convict the conclusively proven that the motive or intent
accused who is in conspiracy with others for the killing of the policeman was for
actually taking arms against the Government. "political and subversive ends" will the
judgment of rebellion be proper. Between
Rebellionvis-A-vis Insurrection

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BOOK II - CRIMES AGAINST PUBLIC ORDER
the appellant and the Solicitor General, who According to Joselito and Vicente, they were
is correct? ordered to kill Governor Alegre because of
his corrupt practices. If you were the
A: The Solicitor General is correct. It is not prosecutor, what crime will you charge
enough that the overt acts of rebellion are duly Joselito and Vicente? (1998 BAR)
proven. Both purpose and overt acts are
essential components of the crime. With either A: If I were the prosecutor, I would charge
of these elements wanting, the crime of rebellion Joselito and Vicente with the crime of rebellion,
legally does not exist. If no political motive is considering that they were members of the
established and proved, the accused should be liquidation squad of the New People's Army and
convicted of the common crime and not of the killing was upon orders of their commander:
rebellion. In cases of rebellion, motive relates to hence, politically-motivated. (People v. Avila, G.R.
the act. and mere membership in an No. 84612, March 11, 1992)
organization dedicated to the furtherance of
rebellion would not, by and of itself, suffice. Rebellion vis-ta-vis rceason
(People v. Lovedioro, G.R. No. 112235, November
29, 1995)
REBELLION TREASON
Q: For the killing of Redempto Manatad, a The uprising is The levying of war is
policeman and who was then in the against the done to aid the
performance of his official duties, accused government. enemy.
Rodrigo Dasig. a self-confessed member of
the sparrow unit, the liquidation squad of the
The purpose is to The purpose is to
NPA, was found guilty of murder with direct
substitute the deliver the
assault. On appeal, he claims that he should
existing government to the
be convicted at most of simple rebellion and
government with enemy.
not murder with direct assault. Is the appeal
another.
meritorious?

A: YES. Since the killing of Manatad is a mere Mere giving of aid or comfort is not criminal in
component of rebellion or was done in cases of rebellion. There must be an actual
furtherance thereof. It is of judicial notice that participation. Hence, mere silence or omission of
the sparrow unit is the liquidation squad of the the public officer is not punishable in rebellion.
New People's Army with the objective of
overthrowing the duly constituted government. Theory ofAhsornrion in Rebellion
It is therefore not hard to comprehend that the
killing of Manatad was committed as a means to If common crimes like homicide, murder,
or in furtherance of the subversive ends of the physical mJunes, and arson have been
NPA. committed in furtherance of or in connection
with rebellion, then it is considered as absorbed
Consequently, appellant is liable for the crime of in the crime of rebellion. But before these
rebellion, not murder with direct assault upon a common crimes can be absorbed, it is necessary
person in authority. as the former crime absorbs that there is evidence to show that these
the crime of direct assault when done in common crimes have promoted or espoused the
furtherance thereof. (People v. Dosig, et. al., G.R. ideals of rebels. Absent any of these, it cannot be
No. 100231, April 28, 1993) absorbed in the crime of rebellion.

Q: On May S, 1992, at about 6:00 a.m., while Behemon xis-a-vis Terrorism under BA
Governor Alegre of Laguna was on board his 9372 {2019 BAR)
car traveling along the National Highway of
Laguna. Joselito and Vicente shot him on the
head resulting in his instant death. A t that TERRORISM
REBELLION
time, Joselito and Vicente were members of Sec. 3, R.A. 9372
the liquidation squad of the New People's The uprising is The sowing and
Army and they killed the governor upon against the creating a condition
orders of their senior officer Commander government of widespread and
Tiago. extraordinary fear
·
and the

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populace. Q: If a group of persons belonging t o the


The purpose is to The purpose is to armed forces makes a swift attack,
substitute the coerce the accompanied by violence, intimidation and
existing government to give threat against a vital military installation for
government with in to an unlawful the purpose of seizing power and taking over
another demand such installation, what crime or crimes are
they guilty of? (2002 BAR)

NOTE: Rebellion is a crime punishable under the A: The perpetrators, being persons belonging to
RPC. On the other hand, Under the Human the Armed Forces, would be guilty of the crime
Security Act of 2007, specifically in terrorism, of coup d'etat. under Article 134-A of the
the crime of rebellion is included in list of Revised Penal Code, as amended, because their
predicate crimes. In essence, rebellion becomes attack was against vital military installations
an element of the crime of terrorism. which are essential to the continued possession
and exercise of governmental powers, and their
COUP D'ETAT purpose is to seize power by taking over such
ART. 134-A, RPC installations.

Elements Couo a�erot vis-A-vis BehelHnn CJ991 1996


2002 2004 RAB)
1. Offender is a person or persons belonging to
the military or police or holding any public
office or employment; BASIS COUP D'ETAT REBELLION
2. There be a swift attack accompanied by
violence, intimidation, threat, strategy or Essence is a swift Essence of the
stealth; attack against the crime is public
3. The purpose of the attack is to seize or government. its uprising and
diminish State power; and military camp or taking up arms
4. The attack is directed against duly installations, against the
constituted authorities of the Republic of the communication government.
Philippines, or any military camp or Essence of network and
installation, communication networks, public the crime public facilities
utilities or other facilities needed for the and utilities
exercise and continued possession of power. essential to the
(2013 BAR) continued
exercise of
Essence of the crime of coup d'etot governmental
oowers.
The essence of the crime is a swift attack upon The purpose is The purpose is
the facilities of the Philippine government. merely to to overthrow
As to the the
military camps and installations, communic.ation paralyze existing
purpose existing government.
networks, public utilities and facilities essential
to the continued possession of governmental eovernment.
powers. May be carried Requires a
As to its
out singly or public uprising,
commissi simultaneously.
Objective of coup d'etat or multitude of
on
oeoole.
The objet1:ive of coup d'etot is tTo destabilize or Principal Offenders need
paralyze the government through the seizure of offenders must not be
facilities and utilities essential to the continued be members of uniformed
possession and exercise of governmentaJ
As to the military, personnel of
powers.
persons
national police or the military or
liable public officer, the police.
Prindoal nffendecs nfcmm d'etat with or without
civilian sunnort.
Members of the AFP or of the PNP organization
or a public officer with or without civilian PENALTY FOR REBELLION OR
support. INSURRECTION OR COUP D'ETAT

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ART. 135, RPC ART. 136, RPC

Persons liable for rebellion, insurrection or Crimes punished


coup d'etat
1. Conspiracy to commit coup d'etat;
1. Leader 2. Proposal to commit coup d'etat;
a. Any person who promotes, maintains, 3. Conspiracy to commit rebellion or
or heads a rebellion or insurrection; or insurrection (2013 BAR); and
b. Any person who leads, directs, or 4. Proposal to commit rebellion or
commands others to undertake coup insurrection.
d'etat
Consoiracxtncommitcouud'erot
2. Partidpants
a. Any person who participates or There is conspiracy to commit coup d'etat when
executes the commands of others in two or more persons belonging to the military or
rebellion, or insurrection; police or holding any public office or
b. Any person in the government service employment come to an agreement to seize or
who participates, or executes directions diminish State power through a swift attack
or commands of others in undertaking a accompanied by violence, intimidation, threat,
coup d'etat; or strategy or stealth against duly constituted
c. Any person not in the government authorities of the Republic of the Philippines, or
service who participates, supports, any military camp or installation,
finances, abets, or aids in undertaking a communication networks, public utilities or
coup d'etat. other facilities needed for the exercise and
continued possession of power and decide to
Pursuant to Settion 28 and 29 of RA. 10591, the commit it
unlawful acquisition, possession of firearms and
ammunition, and use of loose firearm, in Proposal to commit coup d'etat
furtherance of, or incident to, or in connection
with the crime of rebellion or insurrec.tion, or There is proposal to commit coup d'etat when
attempted coup d'etat, shall be absorbed as the person belonging to the military or police or
element of the crime of rebellion or insurrection, holding any public office or employment who
or attempted coup d'etat. has decided to seize or diminish State power
through a swift attack accompanied by violence,
Q: If the attack is quelled but the leader is intimidation, threat, strategy or stealth against
unknown, who shall be deemed the leader duly constituted authorities of the Republic of
thereof? (2002 BAR) the Philippines, or any military camp or
installation, communication networks, public
A: The leader being unknown, any person who in utilities or other facilities needed for the
fact directed the others, spoke for them, signed exercise and continued possession of power
receipts and other documents issued in their proposes its execution to some other person or
name, or performed similar ac.ts, on behalf of the persons.
rebels shall be deemed the leader of such
rebellion, insurrection or coup d'etat. Consoiracxmcommit rehemon
Q: How is the crime of coup d'etat committed? There is conspiracy to commit rebellion when
(1991, 2012 BAR) two or more persons come to an agreement to
rise publicly and take arms against the
A: When a person holding public employment government for any of the purposes of rebellion
undertakes a swift attack, accompanied by and decide to commit it.
strategy or stealth, directed against public
utilities or other facilities needed for the Prooosal to commit reheHion
exercise and continued possession of power for
the purpose of diminishing state power. There can be proposal to commit rebellion when
the person who has decided to rise publicly and
CONSPIRACY AND PROPOSAL TO COMMIT take arms against the government for any of the
COUP D'ETAT, REBELLION, OR purposes of rebellion proposes its execution to
INSURRECTION some other person or persons.

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Q: On account of the testimony of the A: NO, Father Abraham did not commit a crime.
prosecution's witness, the accused, together His failure to report such conspiracy is due to an
with some more or Jess forty persons who insuperable cause, one of the exempting
were said to be conspiring to overthrow the circumstances under Article 12 of the RPC, as
Government,was heard to have said,"What a under our law, a priest cannot be compelled to
life this is, so full of misery, constantly disclose any information received by him by
increasing. When will our wretchedness end? reason of confession made to him under his
When will the authorities remedy it? What professional capacity.
shall we do?" Is there a conspiracy?
NOTE: In the case of U.S. v. Vergara, the Supreme
A: NONE, as the prosecution failed to establish Court held that persons who may be held
the existence of conspiracy to rebel by showing criminally liable under this Article are those who
that there is (1) an agreement and (2) decision actually conspired with each other, not those
to commit rebellion. Mere words of discontent. who learned and failed to report the same to the
although they reveal dissatisfaction on account authorities.
of the evils, real or fictitious, to which they refer,
are not alone sufficient to prove the existence of DISLOYAL TY OF PUBLIC OFFICERS
a conspiracy to rebel, much Jess with the aid of OR EMPLOYEES
force, against the constituted Government. (U.S. ART. 137,RPC
v. Figueras, et al., G.R. No. 1282, September JO,
1903) Punishable acrs nfdidnxaltv
Q: Accused is the founder and leader of the 1. Failing to resist a rebellion by all the means
Congress of Labor Organizations (CLO). The in their power;
theory of the prosecution is that the accused 2. Continuing to discharge the duties of their
has conspired with the Communist Party of offices under the control of the rebels; and
the Philippines by giving monetary aid, 3. Accepting appointment to office under them.
among others,to help the Huks.
The crime presupposes the existence of
Further, he gave speeches advocating the rebellion, but the offender under this article
prindples of Communism and urging his must not be in conspiracy with the rebels;
audience to join the uprising of laboring otherwise, he will be guilty of rebellion, as the
classes against America and the Quirino act of one is the act of all.
administration. Is the accused guilty of
conspiracy to commit rebellion? NOTE: The public officer or employee who
performs any of the acts of disloyalty should not
A: NO, as there was no evidence showing that be in conspiracy with the rebels; otherwise, he
those who heard his speeches there and then will be guilty of rebellion, not merely disloyalty,
agreed to rise up arms to overthrow the because in conspiracy, the act of one is the act of
government. Accused was merely a all.
propagandist and indoctrinator of Communism.
He was not a Communist conspiring to commit Q: can the public officer plead Art. 11 or 12?
the actual rebellion by the mere fact of his
leadership of the CLO. (People v. Hernandez, G.R. A: YES, i.e., insuperable cause. Disloyalty is an
No. L-6025, May 30, 1964) offense by omission.

Q: VC, JG, and GG conspired to overthrow the INCITING TO REBELLION OR INSURRECTION


Philippine Government. VG was recognized ART. 138,RPC
as the titular head of the conspiracy. Several
meetings were held and the plan was
finalized. II, bothered by his conscience, Elements
confessed to Father Abraham that he, VG, JG
1. Offender does not take arms or is not in
and GG have conspired to overthrow the
open hostility against the Government;
government. Father Abraham did not report
2. He incites others to rise publicly and take
this information to the proper authorities.
arms against the Government for any of the
Did Father Abraham commit a crime? If so,
purposes of the rebellion; and
what crime was committed? What is his
3. The inciting is done by means of speeches,
criminal liability? (1994 BAR)
proclamations, writings, emblems, banners

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or other representations tending to the d. Commit for any political or social end
same end. any act of hate or revenge against
private persons or any social class; and
NOTE: The act of inciting must have been e. Despoil, for any political or social end,
intentionally calculated to induce others to any person, municipality or province, or
commit rebellion. the National Government of all its
property or any part thereof.
Inritioe to cehemon vis-A-vis Pconosal to
commit ceheHion NOTE: Participants must at least be four (4) in
numbers.
INCITING TO PROPOSAL TO
REBELLION COMMIT REBELLION Nan,ce nfsedifinn
It is not required that The person who It is a violation of the public peace or at least
the offender has proposes has decided such a course of measures as evidently
decided to commit to commit rebellion engenders it. yet it does not aim at direct and
rebellion open violence against the laws, or the
The act of inciting is The person who subversion of the Constitution. It is an offense
done publicly proposes the not directed primarily against individuals but to
execution of the crime the general public peace; it is the raising of
uses secret means commotions or disturbances in the State, a
revolt against legitimate authority. (People v.
NOTE: In both proposal and inciting to commit Perez, G.R. No. L-21049, December 22, 1923)
rebellion, the crime of rebellion should not be
actually committed by the persons to whom it is Main Objective
proposed or who are incited. If they commit the
rebellion because of the proposal or the inciting, The ultimate object of sedition is a violation of
the proponent or the one inciting becomes a the public peace or at least such a course of
principaJ by inducement in the crime of measures as evidently engenders it.
rebellion, provided that the requisites of
Paragraph No. 2 of Article 17 of the RPC are Sedjtion does not contemplate rising up of
present. arms aeainst envernment
SEDITION The purpose of the offenders in rising publicly is
ART. 139, RPC merely to create commotion and disturbance by
way of protest to express their dissent and
Elements disobedience to the government or to the
authorities concerned.
1. Offenders rise (1) publicly and (2)
tumultuously; NOTE: The objective of sedition is not always
2. They employ force, intimidation, or other against the government, its property, or officer.
means outside of legal methods; and It could be against a private person or social
3. The offenders employ any of those means to class.
attain any of the following objects or
purposes: '"T'umnln,ous"'
a. Prevent the promulgation or execution The disturbance or interruption shall be deemed
of any law or the holding of any popular to be tumultuous if caused by more than three
election; persons who are armed or provided with means
b. Prevent the National Government, or of violence. (Art 153, RPC)
any provincial or municipal
government, or any public officer Q: Upon the opening of the session of the
thereof from freely exercising its or his municipal council of San carJos, Occidental
functions, or prevent the execution of Negros, a large number of the town residents
any administrative order: assembled near the municipal building to
c. lnflitt any act of hate or revenge upon demand the dismissal from office of the
the person or property of any public municipal treasurer, the secretary and chief
officer or employee; of police. The persons who took part therein

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were wholly unarmed while a few carried


BASIS SEDITION REBELLION
canes. The crowd was fairly orderly and well
behaved. The council acceded to their It is sufficientThere must
wishes. They were charged with sedition. that public be taking up
As to its
Will the case prosper? uprising beof arms
commission
tumultuous. against the
A: NO. There was no sedition because there was e:overnment.
no public and tumultuous uprising. While it is May be Always
true that the council acceded to the demands of political or political,
the assembly through fear and under the social, that is that is to
influence of the threatening attitude of the merely to go overthrow
Ast.o
crowd, it is rather expected that more or less against the the
purpose
disorder will mark the public assembly of the established government.
people to protest against grievances. The government
prosecution should not be permitted to seize not to
upon every instance of disorderly conduct by overthrow it.
individual members of a crowd as an excuse to Crime Offenses
charatterize the assembly as a seditious and As to associated committed
tumultuous rising against the authorities. absorption with sedition pursuant to
Utmost discretion must be exercised in drawing ofother can be rebellion
the line between disorderly and seditious crimes prosecuted. are
conduct and between an essentially peaceable absorbed.
assembly and a tumultuous uprising. (U.S. v.
Apurado, et al., G.R. No.1210, February 7, 1907) NOTE: What distinguishes sedition from
rebellion is not the extent of the territory
Q: Appellant, with about twenty armed men covered by the uprising but rather the object at
and Huk Commander Torio, raided and which the uprising aims.
attacked the house of Punzalan, his political
adversary and incumbent Mayor of Tiaong, Sedition viS-A-visTreason
Quezon, with automatic weapons, hand
grenades, and bottles filled with gasoline.
SEDITION TREASON
The raid resulted not only in destruction of Sedition is the raising Treason is a violation by
Punzalan's house and that of others but also of commotions or a subjett of his
in the death and injuries to a number of disturbances in the allegiance to his
civilians. The CFI found appellant guilty of State. sovereign or the
the complex crime of rebellion with multiple supreme authority of
murder, among others. Was the lower court the State.
correct?

A: NO. The accused is guilty of sedition, multiple Sedition xis-A-vis Crime of h1mulrs and nther
murder and physical injuries, among others. The disturbance of public order
purpose of the raid and the act of the raiders in
rising publicly and taking up arms was not TUMULTS AND
exactly against the Government and for the OTHER
purpose of doing the things defined in Article SEDITION
DISTURBANCE OF
134 of the Revised Penal code under rebellion. PUBLIC ORDER
The raiders did not even attack the Presidencia, Sedition involves There is no public
the seat of local Government. Rather, the object disturbance of public uprising.
was to attain by means of force, intimidation, etc. order resulting from
one object. to wit, to inflict an act of hate or tumultuous uprising.
revenge upon the person or property of a public
official, namely, Punzalan was then Mayor of Crime committed if there is no ouhJic
Tiaong. Under Article 139 of the same Code this uprising
was sufficient to constitute sedition. (People v.
Umali, et al., G.R. No. L-5803, November 29, 1954) If the purpose of the offenders is to attain the
objects of sedition by force or violence, but there
Sedition vis-A-visBehemon

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BOOK II - CRIMES AGAINST PUBLIC ORDER
is no public uprising, the crime committed is 1.Tend to disturb or obstruct any lawful
direct assault officer in executing the functions of his
office;
PENALTY FOR SEDITION 2. Tend to instigate others to cabal and meet
ART. 140, RPC together for unlawful purposes;
3. Suggest or incite rebellious conspiracies or
Persons liable for sedition with the riots; and
cnrresaondioenenalries 4. Lead or tend to stir up the whole people
against the lawful authorities or to disturb
1. The leader - prislon mayor in ;rs minlmum the peace or the community, the safety and
period,fine not exceeding Phpl 0,000. order of the Government.
2. Other persons participating in the
"'
sedition - pr;sion correcdonal in its "'Sncrrilnns
maximum pen'od, fine not exceeding
PhpS,000. Means low, vulgar, mean, or foul.

CONSPIRACY TO COMMIT SEDITION NOTE: It is not necessary, in order to be


ART. 141, RPC seditious, that the words used should in fact
result in a rising or the people against the
Consoiracxrocommit sedition constituted authorities. The law is not aimed
merely at actual disturbance, as its purpose is
There is conspiracy to commit sedition when also to punish utterances which may endanger
two or more persons come to an agreement to public order.
rise publicly and tumultuously to attain any or
the objects specified in Art. 139 and they decide Q: The accused was beard to have shouted a
to commit it. number or times: "The Filipinos, like myself,
must use bolos for cutting off Wood's head
NOTE: There is no crime or proposal to commit for having recommended a bad thing for the
sedition; only conspiracy is punished and not Filipinos, for he bas killed our
proposal to commit sedition. independence." What crime did the accused
commit?
INCITING TO SEDITION
ART. 142, RPC A: The accused uttered seditious words, a
violation or Article 142 or the RPC. While
Aas ofioririoeto sedition '2007 RABl criticism, no matter how severe, must be
permitted, one that has for its intent and effect is
1. Inciting others to the accomplishment or any seditious must not be tolerated. A statement is
or the acts which constitute sedition by seditious when it is tending to stir up the people
means of speeches, proclamations, writings, against the lawful authorities, one that will
emblems, etc.; disturb the peace or the community and the
2. Uttering seditious words or speeches which safety or order or the Government, instigate
tend to disturb the public peace; and others to cabal or meet together for unlawful
3. Writing, publishing, or circulating scurrilous purposes, or suggests and incites rebellious
libels against the Government or any or the conspiracies. All its various tendencies can be
duly constituted authorities thereof, which ascribed to the statement or the accused. (People
tend to disturb the public peace. v. Perez, C.R. No. L-21049, December 22, 1923)

In inciting to sedition, the offender must not take Q: Arter having his picture taken as one
part in any public or tumultuous uprising. lifeless Alberto Reveniera, hanging by the
end or a rope tied to a limb or a tree, accused
llnerine seditim,s words/soeecbes and Oscar Espuelas sent a suicide note to several
writine ouhlishine or Circnlaline scurrilous newspapers and weeklies, which contain: "If
WWs someone asks to you why I committed
suicide, tell them I did it because I was not
They are punishable when they: pleased with the administration of Roxas; the
government is infested with many Hitlers
and Mussolinis; teach our children to burn

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CRIMINAL LAW

pictures of Roxas." What crime did the courts for the enforcement of the law. (Git/ow v.
accused commit? New York, 268 U.S. 652)

A: The letter is a scurrilous libel against the ACTS TENDING TO PREVENT THE
Government. Writings which tend to overthrow MEETING OF THE NATIONAL
or undermine the security of the government or ASSEMBLY AND SIMILAR BODIES
to weaken the confidence of the people in the ART. 143, RPC
government are against the public peace, and
are criminal not only because they tend to incite Elements
a breach of the peace but because they are
conducive to the destruction of the very 1. That there be a projected or actual meeting
government itself. Such are regarded as of the National Assembly (Congress of the
seditious libels. (Espue/as v. People, C.R. No. L- Philippines) or any of its committees or
2990, December 17, 1951) subcommittees, constitutional committees
or divisions thereof, or any of the provincial
Rules relativeroseditious words board or city or municipal council or board;
and
1. Clear and present danger rule: words 2. Offender who may be any person prevents
must be of such nature that by uttering them such meeting by force or fraud.
there is a danger of public uprising and that
such danger should be both clear and The crime is against popular representation
imminent because it is directed against officers whose
public function is to enact laws. When these
2. Dangerous tendency rule: if words used legislative bodies are prevented from
tend to create a danger of public uprising, performing their duties, the system is disturbed.
then those words could properly be subject
of penal clause NOTE: Chief of police and mayor who prevented
the meeting of the municipal council are liable
It is the dangerous tendenty rule that is under Article 143, when the defect of the
generally adopted in the Philippines with meeting is not manifest and requires an
respect to sedition cases. It is enough that the investigation before its existence can be
words used may tend to create danger of public determined.
uprising.
DISTURBANCE OF PROCEEDINGS
Instances of inciting t o sedition ART. 144, RPC

1. Meeting for the purpose of discussing hatred Elements


against the government; or
2. Lambasting government officials to discredit 1. That there be a meeting of the National
the government. Assembly (Congress of the Philippines) or
any of its committees or subcommittees,
If the objective of the abovementioned acts is to constitutional commissions or committees
overthrow the government. the crime would be or divisions thereof, or of any provincial
inciting to rebellion. board or city or municipal council or board;
and
Reasons whv seditions utterances ace 2. Offender does any of the following acts:
ocohihited a. Disturbs any of such meetings; or
b. Behaves while in the presence of any
The legislature has the authority to forbid the such bodies in such a manner as to
advocaty of a doctrine designed and intended to interrupt its proceedings or to impair
overthrow the Government without waiting the respect due it.
until there is a present and immediate danger of
the success of the plan advocated. If the State NOTE: The implied power to punish for
was compelled to wait until the apprehended contempt of the National Assembly is coercive in
danger became certain, then its right to protect nature. The power to punish crime is punitive in
itself would come into being simultaneously charatter. Thus, the same act could be made the
with the overthrow of the Government. when basis for contempt proceedings and for criminal
there would be neither prosecuting officers nor prosecution.

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BOOK II - CRIMES AGAINST PUBLIC ORDER
The disturbance can be in the form of utterances, NOTE: Parliamentary immunity does not protect
speeches or any form of expressing dissent members of the National Assembly from
which is done in such a manner as to interrupt responsibility before the legislative body itself.
its proceedings or to impair the respect due it.
"'
"'Session
Q: Suppose the meeting disturbed is one
attended by municipal officials called by the Refers to the entire period of time from its initial
mayor, is the offender liable under Article convening until its final adjournment
144?
Q: What is the criminal liability, if any, of a
A: NO. Article 144 presupposes that the meeting police officer who, while Congress was in
disturbed is that of a legislative body or of session, arrested a member thereof for
provincial, city, or municipal council or board. committing a crime punishable by a penalty
Here, the offender may be liable of unjust higher than prision mayor? (2012 BAR)
vexation under Art. 287. (People v. Calera, eta/,
C.A 45 O.G. 2576) A: The police officer incurs no criminal liability
because the member of Congress has committed
The same act may be made the basis for a crime punishable by a penalty higher than
contempt since it is coercive in nature while the prision mayor.
crime under this article is punitive.
ILLEGAL ASSEMBLIES
VIOLATION OF PARLIAMENTARY IMMUNITY ART. 146, RPC
ART. 145, RPC
Forms of meeal assemblies and their
ActS punjshable under this crime elements

1. By using force, intimidation, threats, or 1. Any meeting attended by armed persons for
fraud to prevent any member of the National the purpose of committing any of the crimes
Assembly (Congress of the Philippines) punishable under the Code.
from:
Elements:
a. Attending the meetings of the Assembly a. There is a meeting, a gathering or group
or of any of its committees or of persons, whether in a fixed placed or
subcommittees, constitutional moving;
commissions or committees or divisions b. The meeting is attended by armed
thereof; or persons; and
b. From expressing his opinions; or c. The purpose of the meeting is to commit
c. Casting his vote. any of the crimes punishable under the
Code.
The offender in this case may be any person.
2. Any meeting in which the audience, whether
2. By arresting or searching any member armed or not, is incited to the commission of
thereof while the National Assembly is in the crime of treason, rebellion or
regular or special session, except in case insurrection, sedition or direct assault
such member has committed a crime
punishable under the Code by a penalty Elements:
higher than prision mayor. a. There is a meeting, a gathering or group
of persons, whether in a fixed place or
It is not necessary that the member is actually moving;and
prevented from exercising any of his functions. It b. The audience, whether armed or not, is
is sufficient that Congress is in session and the incited to the commission of the crime
offender, in using force and intimidation, threats, of treason, rebellion or insurrection,
or frauds, has the purpose to prevent a member sedition or direct assault.
of the National Assembly from exercising any of
such prerogatives. (Reyes, 2012) If the person present carries an unlicensed
firearm, the presumption, insofar as he is
concerned, is that the purpose of the meeting is
to commit acts punishable under this Code, and
that he is the leader or organizer of the meeting.

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CRIMINAL LAW

Importance of common intent Refer to matters which affect the interest of


society and public inconvenience and are not
Persons merely present at the meeting should limited to good customs. It refers to acts that are
have a common intent to commit the felony of in accordance with natural and positive laws.
illegal assembly. The absence of such intent may
exempt the person present from criminal Pecsons liable fnr the crime of Hleeal
liability. associations

If the presence of a person in the meeting is 1. Founders, directors and president of the
merely out of curiosity, he is not liable because association; and
he does not have an intent to commit the felony 2. Mere members of the association.
of illegal assembly.
Illeeal assemhlx vis-A-xis Illeeal association
Criminal liahilitv nfthe oecson iocitioe
BASIS ILLEGAL ILLEGAL
The person inciting is liable for the crime of ASSEMBLY ASSOCIATION
inciting to rebellion or sedition.
The gathering The formation
for an illegal of or
Gravamen ocmeeal assemhlx purpose organization of
which an association
The gravamen of illegal assembly is mere Basis of constitutes a to engage in an
assembly of or gathering of people for illegal
liability crime under unlawful
purpose punishable by the RPC. Without
the RPC purpose which
gathering, there is no illegal assembly.
is not limited to
a violation of
Persons liable for illegal assembly
the RPC
Necessary Not necessary
1. Organizers or leaders of the meeting; and
that there is that there be an
2. Persons merely present at the meeting. Necessity
an actual actual meeting
ofactual
meeting or
BesnonsihiHtx ofoecsons mereJx nceseot at meeting
assembly
the meeting
Meeting and Act of forming
1. If they are not armed, the penalty is arresto
the attendance or organizing
mayor.
2. If they are armed, the penalty is prision at such and
Acts
meeting are membership in
correccional. punished
the acts the association
punished are the acts
Ifthe eatherine is fnr the commission ofa punished
crime onnisbable under snerial Jaws
If the illegal purpose for the gathering is for the DIRECT ASSAULTS
commission of a crime punishable under special ART. 148, RPC
laws, illegal assembly is not committed. The
crime committed would be illegal association.
waxs of commiltine the crime of dicea
ILLEGAL ASSOCIATIONS
assa.,lt
ART. 14 7, RPC 1. Without public uprising, by employing force
or intimidation for the attainment of any of
1neeal associations the purposes enumerated in defining the
crimes of rebellion and sedition; and
1. Associations totally or partially organized 2. Without public uprising, by attacking, by
for the purpose of committing any of the employing force or by seriously intimidating
crimes punishable under the Code; or or by seriously resisting any person in
2. Associations totally or partially organized authority or any of his agents, while engaged
for some purpose contrary to public morals. in the performance of official duties, or on
the occasion of such performance. (2009,
PuhHcmorals 2013, 2015 BAR)

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BOOK II - CRIMES AGAINST PUBLIC ORDER
Elements of the first form ·on occasion of the performance of official
duties"'
1. Offender employs force or intimidation;
2. The aim of the offender is to attain any of It means that the assault was made because or
the purposes of the crime of rebellion or any by reason of the past performance of official
of the objects of the crime of sedition; and duties even if at the very time of the assault no
3. There is no public uprising. official duty was being discharged. ljusta v. CA,
G.R. Na. L-8611,june 28, 1956)
NOTE: The act of the accused in preventing by
force the holding of a popular election in certain In this form, there is a need to determine the
precincts, without public uprising. is direct reason why a person in authority or his agent
assault. was attacked. If the attack was made by reason
of the past performance of official duties of the
Q: As the town president failed to pay their person in authority or his agent. the accused is
salaries, the defendant, accompanied by four liable for direct assault. If the attack was made
armed men, went to the house of the former by reason of revenge, then the accused shall not
and compelled him by force to leave and go be liable under this article, but for physical
to the Presidencia. He kept him there injuries.
confined until the relatives of the town
president had raised enough money to pay If the attack was done while the person in
what was due them as salaries. What crime authority or his agent is engaged in the actual
did the accused commit? performance of official functions, the crime is
always direct assault, whatever be the reason.
A: The fatts constitute the crime of direct
assault. There is no public uprising when the Not in actual performance of official duties
accused, accompanied by armed men, compelled
by force the town president to go with them to The following are considered as not in actual
proceed to the municipal building and detained performance of official duties:
him there. By reason of detaining the town
president, he inflicted upon a public officer an 1. When the person in authority or the agent of
act of hate or revenge. This is one of the objects a person in authority exceeds his powers or
of sedition, which is essentially what the accused acts without authority;
intended to attain. (U.S. v. Dirain, G.R. No. 1948, 2. Unnecessary use of force or violence; and
May 5, 1905) 3. Descended to matters which are private in
nature.
Elements of the second fnrm CJ993 1995
2000. 2001. 2002 BAR) "Qualified direct assault"

1. Offender: Direct assault is qualified when:


a. Makes an attack,
b. Employs force, 1. Assault is committed with a weapon;
c. Makes a serious intimidation, or 2. The offender is a public officer or employee;
d. Makes a serious resistance; or
3. Offender lays hands upon a person in
2. Person assaulted is a person in authority or authority.
his agent;
3. That, at the time of the assault, the person in No liability under Art.148 for Direct Assault
authority or his agent:
a. Is engaged in the performance of official 1. If the public officer or officer in authority is
duties, or that he is assaulted a mere bystander;
b. On occasion of such performance; 2. If the accused did not know that the victim
was a person in authority; or
4. The offender knows that the one he is 3. If the person assaulted was no longer a
assaulting is a person in authority or his public officer at the time of the attack even if
agent in the exercise of his duties; and the reason for the attack was due to past
5. There is no public uprising. performance of duties.

Q: When the policemen effected the arrest of


the accused, he approached them and hit one

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CRIMINAL LAW

of them in the breast with his hand or list, a t Agents of persons in authority are persons who
which instant the policeman seized him by by direct provision of law or by election or by
the wrist and resistance ceased. Is the appointment by competent authority, are
accused guilty of direct assault? charged with maintenance of public order, the
protection and security of life and property, such
A: NO. When the offended party is agent of as barrio councilman, barrio policeman,
person in authority, any force or aggression is barangay leader and any person who comes to
not sufficient constitute to an assault. To come the aid of persons in authority.
within the purview of Art. 148, the force used
against the agent of a person in authority must In applying the provisions of Arts. 148 and 151
be of serious character than that employed in of the RPC, teachers, professors and persons
this case. Logic tells us that resistance is charged with the supervision of public or duly
impossible without force. (U.S. v. Tabiona, C.R. recognized private schools, colleges and
No. L-11847, February 1, 1918) universities, and lawyers in the actual
performance of their professional duties or on
Q: When the news that his carabao, which the occasion of such performance, shall be
earlier destroyed a planted area belonging to deemed persons in authority.
another, was seized and taken to the police
station reached the accused, he confronted Q: Lydia and Gemma, were public school
and protested to the municipal president, teachers. Lydia's son was a student of
who was then inspecting the quarantine of Gemma. Lydia confronted Gemma after
the animals. learning from her son that Gemma called him
a "sissy" while in class. Lydia slapped Gemma
The president, upon hearing his protest, in the cheek and pushed her, thereby causing
promised to intervene in the matter and to her to fall and hit a wall divider.
see whether the carabao could be withdrawn.
Upon hearing this, the accused insulted the As a result of Lydia's violent assault, Gemma
president and gave him a slap on the face. suffered a contusion in her "maxillary area·,
What crime did the accused commit? as shown by a medical certificate issued by a
doctor, and continued to experience
A: The accused committed direct assault upon a abdominal pajns. To what crime, U any, is
person in authority. When the offended party is Lydia liable?
a person in authority, it is not necessary to
ascertain what force the law requires in order to A: Lydia is liable for direct assault upon a person
constitute an assault since the law itself defines in authority. On the day of the commission of the
concretely this force in providing that it consists assault, Gemma was engaged in the performance
in mere laying of hands upon the person. of her official duties, that is, she was busy with
paperwork while supervising and looking after
The degree of force employed by the offender the needs of pupils who are taking their recess in
against the person in authority is immaterial as the classroom to which she was assigned. Lydia
the law simply mentions the laying of hands was already angry when she entered the
sufficient. (U.S. v. Cumbon, C.R. No. L-13658, classroom and accused Gemma of calling her son
November 9, 1918) a "sissf'. Gemma being a public school teacher,
belongs to the class of persons in authority
NOTE: If the intent of the accused is to expressly mentioned in Article 152 of the
embarrass the person in authority, the offense is Revised Penal Code, as amended. (Celig v. People,
Direct Assault with Slander by Deed. C.R. No. 173150,July 28, 2010)

Q: Who are deemed to be persons in Crime Pf dicea assault can he cPmalexed


authority and agents of persons in authority? with the marerial cPnsem,ence Pf the
(1995, 2000, 2002 BAR) nnlawfolaa
A: Persons in authority are those directly vested
with jurisdiction, whether as an individual or as As a rule, where the spirit of the contempt or
a member of some court or government lawlessness is present, it is always complexed
corporation, board, or commission. Barrio with the material consequences of the unlawful
captains and barangay chairmen are also act. If the unlawful act was murder or homicide
deemed persons in authority. committed under circumstance of lawlessness or
contempt of authority, the crime would be direct

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assault with murder or homicide, as the case 1. An agent of a person in authority is the
may be. vit1:im of any of the forms of direct assault
defined in Art. 148;
However. when the materiaJ consequence is a 2. A person comes to the aid of such authority;
light felony, such as slight physical injuries, the and3. That the offender makes use of
said offense is not complexed with direct assualt force or intimidation upon such person
because the said injuries are considered as an coming to the aid of the authority or his
incident or a necessary consequence of the force agent.
or violence inherent in all kinds of assault.
Vittimin IndirecrAssault
Q: Because of the approaching town fiesta in
San Miguel, Bulacan, a dance was held in The victim in the crime of indirect assault is not
Borangay C3rinias. A, the Barangay Captain, the person in authority or his agent but the
was invited to deliver a speech to start the person who comes to the aid of the agent of a
dance. While A was delivering his speech, B, person in authority.
one of the guests, went to the middle of the
dance Ooor making obscene dance NOTE: Article 149 says ·on occasion of the
movements, brandishing a knife and commission of any of the crimes defined in the
challenging everyone present to a fight next preceding article'" (Art. 148, RPC). Hence,
indirec.t assault can be committed only when
A approached B and admonished him to keep direct assault is also committed.
quiet and not to disturb the dance and peace
of the occasion. B, instead of heeding the Commission oflndiceaassault
advice of A, stabbed the latter at his back
twice when A turned his back to proceed to As Art. 149 now stands, the crime of indirect
the microphone to continue his speech. A fell assault can only be committed if a private
to the ground and died. At the time of the person comes to the aid of the agent of a person
incident A was not armed. What crime was in authority, on the occasion of direct assault
committed? (2000 BAR) against the latter.

A: The complex crime of direct assault with NOTE: When any person comes to the aid of a
murder was committed. Since A was stabbed at person ln author;ty, he is constituted as an agent
the back when he was not in a position to defend of the person in authority (Art 152, os amended).
himself nor retaliate, there was treachery in the If such person was the one attacked, by
stabbing. Hence, the death caused by such employing violence against him of serious
stabbing was murder. The Barangay Captain was nature or character, the crime would be direct
in the act of trying to pacify B who was making assault.
trouble in the dance hall when he was stabbed to
death. He was therefore killed while in the DISOBEOIENCE TO SUMMONS ISSUEO
performance of his duties. BY THE NATIONAL ASSEMBLY OR
CONSTITUTIONAL COMMISSIONS
In the case of People v. Hecto, the Supreme Court ART. 150, RPC
ruled that "as the barangay captain, it was his
duty to enforce the laws and ordinances within Aas mmisbed as diSnhedieoce m the
the barangay. If in the enforcement thereof, he National Assemhlv CCnneressl or
incurs, the enmity of his people who thereafter Constih1tional Commission
treacherously slew him, the crime committed is
murder with assault upon a person in authority." 1. Refusing, without legal excuse, to obey
(People v. Doi/antes, C.R. No. 70639, June 30, summons of the National Assembly, its
1987) special or standing committees and
subcommittees, the Constitutional
INDIRECT ASSA ULTS commissions and its committees,
ART. 149, RPC subcommittees or divisions, or by any
commission or committee chairman or
Elements member authorized to summon witnesses;
2. Refusing to be sworn or placed under
affirmation while being before such
legislative or constitutional body or official;

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CRIMINAL LAW

3. Refusing to answer any legal inquiry or to If no force is employed by the offender in


produce any books, papers, documents, or resisting or disobeying a person in authority, the
records in his possession, when required by crime committed is resistance or serious
them to do so in the exercise of their disobedience under the first paragraph of Article
functions; 151.
4. Restraining another from attending as a
witness in such legislative or constitutional Elements of simple disobedience
body;or
5. Inducing disobedience to a summons or 1. An agent of a person in authority is engaged
refusal to be sworn by any such body or in the performance of official duty or gives a
official. lawful order to the offender;
2. The offender disobeys such agent of a
Any of the acts enumerated may also constitute person in authority; and
contempt of Congress and could be punished as 3. Such disobedience is not of a serious nature.
such independent of the criminal prosecution.
NOTE: When the attack or employment of force
NOTE: This Article does not apply when the is not deliberate, the crime is only resistance or
papers or documents may be used in evidence disobedience
against the owner thereof because it would be
equivalent to compelling him to be witness Q: At around 6:45 a.m., the Olongapo Police
against himself (Uy Khaytin v. Villareal, 42 Phil. Station 3 received a report of an altercation
886). The law only penalizes refusal without on the ground floor of GenX Billiard Hall on
legal excuse. Gordon Avenue. At this, PO2 Navarro and
SPO3 Me....a, who were both in uniform, went
Persons liable under Art 150 to the scene. There, they found two (2)
groups of women fighting and pulling each
1. Any person who commits any of the above other's hair out. After stopping the light, the
acts; or officers asked the women to go to the police
2. Any person who: station to file proper complaints. However,
the intoxicated Mallari, one of the women,
a. Restrains another from attending as a shouted at them, "Wala kayo pakialam sa
witness; akin, hindi ako sasama sa inyo." She then
b. Induces him to disobey a summons; and grabbed PO2 Navarro by the collar, slapped
c. Induces him to refuse to be sworn to his cheek, and kicked his legs several times.
such body. The inddent was entered in the blotter and
Mallari was detained for direct assault. PO2
RESISTANCE AND DISOBEDIENCE TO A Navarro was treated at the James Gordon
PERSON IN AUTHORITY OR HIS AGENTS Memorial Hospital for the minor injurie s he
ART. 151, RPC got from Mallari. Dr. Ortiz issued him a
medical certificate stating that he had
Elements of resistance and serious sustained swelling on the zygomatic area, or
disobedience(1990. 2001 BAR) the cheekbone. Is Mallari liable for direct
assault upon an agent of a person in
1. A person in authority or his agent is engaged authority?
in the performance of official duty or gives a
lawful order to the offender; A: A: NO. Mallari is liable for resistance and
2. The offender resists or seriously disobeys disobedience to an agent of a person in authority
such person in authority or his agent; and under Article 151 of the Revised Penal Code, not
3. That the act of the offender is not included for direct assault.
in the provisions of Arts. 148, 149, and 150.
As clarified in People v. 8reis, if the use of
The word sen'ously is not used to describe physical force against agents of persons in
resistance, because if the offender seriously authority is not serious, the offense is not direct
resisted a person in authority or his agent. the assault, but resistance or disobedience. For this
crime is direct assault. (Reyes, 2012) crime to be proven, the two (2) key elements
must be shown:· (1) That a person in authority
If no force is employed or his agent is engaged in the performance of
official duty or gives a lawful order to the

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BOOK II - CRIMES AGAINST PUBLIC ORDER
offender; and (2) That the offender resists or here and they are abusing me." Based on the
seriously disobeys such person or his agent." In foregoing. is the defendant guilty of the crime
this case, it was established that petitioner of assault upon agents of authority?
grabbed the shirt of PO2 Navarro, then slapped
and kicked him several times. Based on the A: NO. As the defendant's resistance is
circumstances, petitioner's resistance and use of attributable to his belief that the policemen were
force are not so serious to be deemed as direct actually bandits. In order to come within the
assault. While she exerted force, it is not purview of the law, the offender must have
dangerous, grave, or severe enough to warrant knowledge that the person he is assaulting is an
the penalties attached to the crime. (Mallari v. agent of or a person in authority.
Peap/e, G.R. Na. 224679, February 12, 2020, as
penned byJ. Leonen) What the law contemplates is the punishment of
persons for resistance of the authorities who
Q: After an unfavorable dedsion against the knew to be one. If the defendant believed that
defendant in an action filed against him by those who had entered his house were, in fac.t,
one Sabino Vayson in an action for recovery bandits, he was entirely justified in calling his
of land, the deputy sheriff Cosmo Nonoy, by neighbors and making an attempt to expel them
virtue of a writ, demanded from the from his premises. (U.S. v. Bautista, G.R. No. L·
defendant the delivery the possession of the 10678, August 17, 1915)
said land to Vayson which the former refuse
to do so. By reason thereof, the provincfal Q: Sydeco, the cook and waitress in his
fiscal filed the Information against the restaurant were on the way home when they
defendant for gross disobedience to were signaled t o stop b y police officers who
authorities. asked him to open the vehicle's door and
alight for a body and vehicle search.
Defendant filed a demurrer on the ground
that the facts do not constitute a crime, which When Sydeco instead opened the vehicle
the court sustained. Is the court correct in window and insisted on a plain view search,
doing so? one of the policemen, obviously irked by this
remark told him that he was drunk, pointing
A: YES. As the defendant did not disobey any to three empty beer bottles in the trunk of
order of the justice of peace. The disobedience the vehicle. The officers then pulled Sydeco
contemplated in Art. 151 consists in the failure out of the vehicle and brought him to the
or refusal of the offender to obey a direct order Ospital ng Maynila where they succeeded in
from the authority or his agent. securing a medical certificate under the
signature of one Dr. Harvey Balucatlng
Here, the order issued is a writ of execution, one depicting Sydeco as positive of alcoholic
that is addressed properly to a competent sheriff breath, although no alcohol breath
and not to the defendant. Absolutely no order examination was conducted.
whatsoever is made to the latter; the writ or
order in question in no wise refers to him. Sydeco was detained and released only in the
Hence, he could not commit the crime he was afternoon of the following day when he was
charged. (U.S. v. Ramayrat, G.R. No. L-6874, allowed to undergo actual medical
March 8, 1912) examination where the resulting medical
certificate indicated that he has sustained
Q: Defendant appealed from the decision of physical injuries but negative for alcohol
the lower court finding him guilty of assault breath. Is Sydeco criminally liable under
upon agents of authority when he resisted Article 151 of the RPC?
the arrest effected by them.
A: NO. Sydeco's twin gestures cannot plausibly
The record shows that the policeman entered be considered as resisting a lawful order. There
the house of the defendant without can be no quibble that the police officer and his
permission and attempted to arrest the apprehending team are persons in authority or
defendant without explaining to him the agents of a person in authority manning a legal
cause or nature of his presence there. checkpoint.

Resisting the arrest, he called to his But surely petitioner's act of exercising one's
neighbours for help, "there are some bandits right against unreasonable searches to be

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CRIMINAL LAW

conducted in the middle of the night cannot, in Person in authority


context, be equated to disobedience let alone
resisting a lawful order in contemplation of Art. Those directly vested with jurisdiction, whether
151 of the RPC. (Sydeco v. People, G.R. No. as an individual or as a member of some court or
202692, November 12, 2014) government corporation, board, or commission.
(2000 BAR)
Resistance or serious disobedience vis-3-vis
Direct assault Barrio captains and barangay chalrmen are also
deemed persons in authority. (1995 BAR)
RESISTANCE/
DIRECT The following are persons in authority:
BASIS SERIOUS
ASSAULT
DISOBEDIENCE
1. Mayors;
Person in Person in 2. Division superintendent of schools;
authority or his authority or his 3. Public and private school teachers;
agent must be in agent must be 4. Provincial Fiscal;
the actual engaged in the 5. Judges;
Asto
performance of performance of 6. Lawyers in actual performance of duties;
offended
his duties. official duties 7. Sangguniang Bayan member;
party
or that he is 8. Barangay Chairman; and
assaulted by 9. Members of the Lupong Tagapamayapa.
reason thereof.
NOTE: Items 7, 8, and 9 of the enumeration are
Committed only Committed by added by the LGC which expressly provides that
by resisting or any of the said persons ,.shall be deemed as person(s) in
seriously following: authority in their jurisdictions." (Sec. 388, LGC)
disobeying a 1. Attacking;
person in 2. Employing Aeeot ofanersoo in aurboritx
authority or his force;
Asta its
agent. 3. Seriously Any person who by direct provision of law or by
commiss
intimidating; election or by appointment by competent
ion
or authority is charged with the:
4. Seriously
resisting a 1. Maintenance of public order; and
person in 2. Protection and security oflife and property.
authority or
his agent. NOTE: Agents of persons in authority includes:
The use of force is The attack or
not so serious, as employment of 1. Barangay Kagawad;
there is no force which 2. Barangay Tanod;
Asto
manifest gives rise to the 3. Barangay Councilman; and
force
intention to defy crime of direct 4. Any person who comes to the aid of persons
used
the law and the assault must be in authority.
officers enforcing serious and
it. deliberate. TUM ULTS AND OTHER DISTURBANCES
OF PUBLIC DISORDER
NOTE: If the person who was resisted is a ART. 153, RPC
person in authority and the offender used force
in such resistance, the crime committed is direct Acts mrnisbahle
assault. The use of any kind or degree of force
will give rise to direct assault. However, if the 1. Causing any serious disturbance in a public
offender did not use any force in resisting a place, office, or establishment;
person in authority, the crime committed is 2. Interrupting or disturbing performances,
resistance or serious disobedience. functions or gatherings, or peaceful
PERSONS IN AUTHORITY AND AGENTS OF meetings, if the act is not included in Arts.
PERSON IN AUTHORITY 131 and 132;
ART. 152, RPC

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BOOK II - CRIMES AGAINST PUBLIC ORDER
NOTE: The crime is qualified if disturbance The meeting at the The meeting from the
or interruption is of a tumultuous character. outset was legal and beginning was
became a public unlawful.
3. Making any outcry tending to incite disorder only
rebellion or sedition in any meeting, because of such
association or public place; outcrv.
4. Displaying placards or emblems which The outbursts which The words uttered are
provoke a disturbance of public disorder in by nature may tend deliberately calculated
such place; to incite rebellion or with malice,
5. Burying with pomp the body of a person sedition are aforethought to incite
who has been legally executed. spontaneous. others to rebellion or
sedition.
NOTE: Burying with pomp the body of a
person contemplates an ostentatious display Q: Ladislao Bacolod fired a submachine gun
of a burial as if the person legally executed is during the town fiesta which wounded one
a hero. Consorcia Pasinio. The Information was liled
charging him of the crime of serious physical
Essence ocn,mnltnus and other disn,rhances injuries thru reckless imprudence with the
CFI of Cebu to which the defendant pleaded
The essence of this crime is creating public guilty.
disorder. This crime is brought about by creating
serious disturbances in public places, public On the same date, he was arraigned in
buildings, and even in private places where another case for having caused a public
public functions or performances are being held. disturbance upon the same facts which
constitute the same basis of the indictment
NOTE: If the act of disturbing or interrupting a for serious physical injuries. Counsel for
meeting or religious ceremony is not committed defendant moved to quash the second
by public officers, or if committed by public Information invoking double jeopardy, which
officers who are NOT participants therein, the trial court granted. Did the trial court
Article 153 should be applied. err?

Q: When is the disturbance of public order A: YES. As there can be separate crimes of
deemed to be tumultuous? (2012 BAR) physical injuries thru reckless imprudence and
tumultuous disturbance caused by the single act
A: The disturbance shall be deemed tumultuous of firing a submachine gun. The protection
if caused by more than three persons who are against double jeopardy is only for the same
armed or provided with means of violence. offense.

OntCCY While both Informations have one common


element, e.g. defendant having fired a
Means to shout subversive or provocative words submachine gun, the two Informations do not
tending to stir up the people to obtain by means pertain to the same offense: one charged him
of force or violence any of the objects of with physical injuries inHitted thru reckless
rebellion or sedition. The outcry must be imprudence punished under Art. 263 of the RPC
spontaneous; othenvise it would be the same as and the second accuses him of having
inciting to rebellion or sedition. (Reyes, 2012) deliberately fired the machine gun to cause a
disturbance in the festivity or gathering, thereby
Makine anv onrccx rendine to incite sedition producing panic among the people present
or rebellion vis-A-vistncirioe to rebellion or therein, referring to Art 153. Conviction for the
sedition first does not bar trial for the second. (People v.
Baca/ad, C.R. No. l·2578,July 31, 1951)
MAKING ANY
OUTCRY TENDING INCITING TO UNLAWFUL USE OF MEANS OF PUBLICATION
TO INCITE SEDITION OR AND UNLAWFUL UTTERANCES
SEDITION OR REBELLION ART. 154, RPC
REBELLION
r,miShable Acrs

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CRIMINAL LAW

1. Publishing or causing to be published, by NOTE: The term "charivari" includes a


means of printing, lithography or any other medley of discordant voices, a mock of
means of publication, as news any faJse serenade of discordant noises made on
news which may endanger the public order, kettles, tins, horns, etc., designed to annoy
or cause damage to the interest or credit of and insult; (Reyes, 2008)
the State;
2. Encouraging disobedience to the law or to 3. Disturbing the public peace while
the constituted authorities or by praising, wandering about at night or while engaged
justifying or extolling any act punished by in any other nocturnal amusements; and
law, by the same means or by words,
utterances or speeches; 4. Causing any disturbance or scandal in public
3. Maliciously publishing or causing to be places while intoxicated or otherwise,
published any official resolution or provided Art. 153 is not applicable.
document without proper authority, or
before they have been published officially; NOTE: If the disturbance is of a serious nature,
or the case will fall under Art. 153. (Reyes, 2012)
4. Printing, publishing or distributing books,
pamphlets, periodicals, or leaflets which do Essence
not bear the real printer's name, or which
are classified as anonymous. The essence of the crime is disturbance of public
tranquility and public peace.
NOTE: R.A. 248 prohibits the reprinting
reproduction, republication of government Crimes that may possibly arise if a firearm is
publications and official documents without dischareed
previous authority.
1. Alarms and scandals if the offender
Damaee to the Stare not necessary discharges a firearm in a public place but the
firearm is not pointed to a particular person
It is not necessary that the publication of the when discharged;
false news actually caused public disorder or 2. Illegal discharge of firearm if the firearm
caused damage to the interest or credit of the was directed to a particular person who was
State, mere possibility to cause danger or not hit if intent to kill is not proved;
damage is sufficient. 3. Attempted homicide or murder if the person
was hit and there is intent to kill;
NOTE: The offender must know that the news is 4. Physical injuries if the person was hit and
false, otherwise he will not be held liable. injured but there was no intent to kill; or
5. Grave coercion if the threat was directed,
ALARMS AND SCANDALS immediate and serious and the person is
ART. 155, RPC compelled or prevented to do something
against his will.
Punishable Acts
Possible offenses committed by creating
1. Discharging any firearm, rocket, firecracker, noise andannovanee
or other explosive within any town or public
place, calculated to cause alarm or danger; 1. Alarms and scandals if the disturbance
affects the public in general (e.g. by playing
NOTE: The discharge may be in one's home noisily during the wee hours in the morning
since the law does not distinguish as to in the neighborhood) (2013 BAR); or
where in town. The discharge of firearms 2. Unjust vexation if the noise is directed to a
and rockets during town fiestas and festivals particular person or a family.
are not covered by the law when the same is
not intended to cause alarm or danger. Charivari
2. Instigating or taking an active part in any It includes a medley of discordant voices, a mock
charivari or other disorderly meeting serenade of discordant noises made on kettles,
offensive to another or prejudicial to public tins, horns, etc. designed to annoy and insult.
tranquility;

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BOOK II - CRIMES AGAINST PUBLIC ORDER
NOTE: The reason for punishing instigating or 1. By removing a person confined in any jail or
taking active part on charivari is to prevent penal establishment - to take away a person
more serious disorders. from the place of his confinement, with or
without the active cooperation of the person
Q: Defendant was indicted before the CFI or released.
lloilo for discharging a firearm at one Sixto 2. By helping such a person to escape - to
Demaisip. He then moved to dismiss the furnish that person with the material means
Information as be claims the filing or such as a file, ladder, rope, etc. which greatly
Information for discharging or firearm has facilitate his escape. (Alberto v. Delo Cruz,
placed him in peril or double jeopardy as he C.R. No. l ·31839,June30, 1980)
had previously been charged with the offense
or alarm and scandal in a complaint filed in Person confined need not he a orisoner hv
the municipal court or Batad, lloilo, upon the final iudement
same facts which constitute the basis or the
indictment for discharge or firearm. Is the It is not necessary that the person confined be a
defendant correct? prisoner by final judgment. He may also be a
mere detention prisoner.
A: NO, because for double jeopardy to attach
there must be "identity of offenses". It is evident Persons Hahie
that the offense of discharge of firearm is not the
crime of alarm and scandal. Neither may it be 1. Usually, an outsider to the jail
asserted that every crime of discharge of firearm 2. It may also be:
produces the offense of alarm and scandal.
Although the indictment for alarm and scandal a. An employee of the penal establishment
filed under Art 155 (1) of the RPC and the who does not have the custody of the
information for discharge of firearm instituted prisoner; or
under Art. 258 of the same Code are closely b. A prisoner who helps the escape of
related in fact, they are definitely diverse in law. another prisoner.
Firstly, the two indictments do not describe the
same felony · alarm and scandal is an offense NOTE: If the offender is a person who has
against public order while discharge of firearm custody over the person of the prisoner, the
is a crime against persons. Secondly, the crimes that may be committed are:
indispensable element of the former crime is the
discharge of a firearm calculated to cause alarm 1. Conniving with or consenting to evasion
or danger to the public, while the gravamen of (Art. 223) · if the public officer consents to
the latter is the discharge of a firearm against or evasion.
at a certain person, without intent to kill. (People
v. Doriquez, C.R. Nos. L-24444-45,July 29, 1968) 2. Evasion thru negligence (Art 224) • if the
evasion of prisoner shall have taken place
DELIVERING PRISONERS FROM JAIL through negligence of the officer.
ART. 156, RPC
Means emolovPd hx the offender
Elements
The offender may use violence, intimidation or
1. There is a person confined in a jail or penal bribery, in which case the penalty shall be
establishment; and higher. He may also use other means to remove
2. That the offender removes therefrom such the prisoner from jail or help in the escape of
person, or helps the escape of such person. such prisoner.
(2014, 2015 BAR)
Qualifying circumstance of bribery
NOTE: Art. 156 applies even if the prisoner is in
a hospital or an asylum as it is considered an It refers to the offender's act of employing
extension of the penal institution. (Reyes, 2008) bribery as a means of removing or delivering the
prisoner from jail, and not the offender's act of
Commission ofthe crime C2004 2009 RABl receiving or agreeing to receive a bribe as a
consideration for committing the offense.
Delivering prisoners from jail may be committed
in two ways: Mitiealine cira,msrance

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CRIMINAL LAW

If the escape of the prisoner shall take place P.O. 1829 is absorbed in the crime of delivery of
outside of said establishments by taking the prisoners from jail or infidelity in the custody of
guards by surprise, the same penalties shall be prisoners.
imposed in their minimum period. (Art 156, par.
2, RPC) EVASION BY ESCAPING DURING TERM OF
SENTENCE
Q: A, a detention prisoner, was taken to a ART. 157, RPC
hospital for emergency medical treatment.
His followers, all of whom were armed, went Elements
to the hospital to take him away or help him
escape. The prison guards, seeing that they 1. Offender is a convitt by final judgment;
were outnumbered and that resistance 2. He is serving his sentence which consists in
would endanger the Jives of other patients, deprivation of liberty; and
decided to allow the prisoner to be taken by 3. He evades the service of his sentence by
his followers. What crime, if any, was escaping during the term of his sentence.
committed by A's followers? Why? (2002 (2009 BAR)
BAR)
"finalindemenr
A: They are liable for delivering prisoner from
jail under Art. 156 of the RPC. The crime is not The term ·final judgment'' employed in the RPC
only committed by removing the prisoner from means judgment beyond recall. As long as a
an establishment that the prisoner is confined in judgment has not become executory, it cannot be
but also by helping said person to escape ·by truthfully said that defendant is definitely guilty
other means," such as by allowing the prisoner of the felony charged against him. (People v.
to be taken by those unauthorized to do so, such Bayotas, G.R. No.102007, September 2,1994)
as in the case at bar.
Under Sec. 7 of Rule 16 of the Rules of Court, a
l.iahilitv of rhe ncisnoer or detainee who judgment in a criminal case becomes final after
escaped the lapse of the period for perfecting an appeal
or when the sentence has been partially or
1. If a detention prisoner, he does not incur totally satisfied or served, or the defendant has
liability from escaping; or expressly waived in writing his right to appeal.
2. If a convitt by final judgment, he will be (Reyes, 2008)
liable for evasion of service of his sentence
Liability if the one who escaped is only a
Delivering the prisoners in jail vis-3-vis detention prisoner
lofideJiryin the cnstndv nforisonecs
He does not incur liability from escaping.
DELIVERING INFIDELITY IN THE However, if such prisoner knows of the plot to
PRISIDNERS FROM CUSTODY OF remove him from jail and cooperates therein by
escaping, he himself becomes liable for
JAIL PRISONERS
delivering prisoners from jail as a principal by
The offender is not the The offender is the indispensable cooperation.
custodian of the custodian at the time
prisoner at the time of of the Q: On appeal, defendant-appellant questions
the esca e removal. esca e removal. the judgment rendered by the CFI of Manila
finding him guilty of evasion of service of
In both, the offender may be a public officer or a sentence under Art. 157. Defendant
private citizen. The person involved may be a maintains that Art. 157 applies only in cases
convict or a mere detention prisoner. of imprisonment and not when the sentence
imposed upon was "destierro," as in his case.
NOTE: If the offender is a public officer who had Is the defendant correct?
the prisoner in his custody or charge, he is liable
for infidelity in the custody of a prisoner. (Art. A: NO. Art. 157 must be understood to include
223) not only deprivation of liberty by imprisonment
but also by sentence of destierro.
Aoolicahilitv of Po 1829 COhsra,crion of
h,srirel

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2021GOLDEN NOTES
)62
BOOK II - CRIMES AGAINST PUBLIC ORDER
In the case of People v. Somonte, the Supreme 4. Conniving with other convicts or employees
Court held that "a person under sentence of of the penal institution.
destierro is suffering deprivation of his liberty."
And a person sentenced to suffer such penalty Q: Manny killed his wife under exceptional
evades his service of sentence when he enters circumstances and was sentenced by the RTC
the prohibited area specified in the judgment of of Dagupan City to suffer the penalty of
conviction. (People v. Abilong, G.R. No. L-1960, destierro during which he was not to enter
November 26, 1948) the city. While serving sentence, Manny went
to Dagupan City to visit his mother. Later, he
"Esrane" fnr onrnnses ofaoolvineArt 157 was arrested in Manila.

"Escape" in legal parlance and for purposes of a. Did Manny commit any crime?
Article 157 of the RPC means unlawful departure b. Where should Manny be prosecuted?
of prisoner from the limits of his custody. (1998BAR)
Clearly, one who has not been committed and
never brought to prison cannot be said to have A:
escaped therefrom. (Del Castillo v. Torrecompo, a. YES. Manny committed the crime of evasion
G.R. No.139033, December 18, 2002) of service of sentence when he went to
Dagupan City, which he was prohibited from
Q: Adelaida Tanega failed to appear on the entering under his sentence of destierro. A
day of the execution of her sentence. On the sentence imposing the penalty of destierro is
same day, the judge issued a warrant for her evaded when the convitt enters any of the
arrest. She was never arrested. More than a place/places he is prohibited from entering
year later, Tanega through counsel moved t o under the sentence or come within the
quash the warrant of arrest, on the ground prohibited radius. Although destierro does
that the penalty had prescribed. Tanega not involve imprisonment, it is nonetheless
claimed that she was convicted for a light a deprivation of liberty. (People v. Abilong.
offense and since light offenses prescribe in 82 Phil.172)
one year, her penalty had already prescribed.
Is the motion meritorious? b. Manny may be prosecuted in Manila or
Dagupan City. In the case of Porulan v.
A: NO. The penalty has not prescribed as she did Director of Prisons (G.R. No. L-28519,
not evade her service of sentence. Under Art 93 February 17, 1968), the Court held that the
of the Revised Penal Code, the prescription of crime of evasion of sentence under Article
penalties "shall commence to run from the date 157 of the Revised Penal Code is a
when the culprit should evade the service of his continuing crime. Hence, the accused may be
sentence." To come within the application of Art. prosecuted by the court of either province
157, the culprit must evade one's service of where any of the essential ingredients of the
sentence by escaping during the term of his crime took place.
sentence. This must be so for by the express
terms of the statute, a convict evades '"service of EVASION ON THE OCCASION OF DISOROERS
his sentence" by "escaping during the term of his ART. 158, RPC
imprisonment by reason of final judgment."
Indeed, evasion of sentence is but another Elements
expression of the term "jail breaking." (Tonega v.
Masakoyan, G.R. No. L-27191 February 28, 1967) 1. Offender is a convict by final judgment who
is confined in a penal institution;
Qnalifxinedrcnmsrances 2. There is disorder, which results from:
a. Conflagration
If such evasion takes place by: b. Earthquake
c. Explosion
1. Means of unlawful entry (must be read as d. Other similar catastrophe, or
·scaling/ climbing walls"); e. Mutiny in which he has not
2. Breaking doors, windows, gates, walls, roofs participated;
or floors;
3. Using picklocks, false keys, disguise, deceit, 3. Offender evades the service of his sentence
violence or intimidation; or by leaving the penal institution where he is
confined on the occasion of such disorder or
during the mutiny; and

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CRIMINAL LAW

4. Offender fails to give himself up to the 2. That he was granted a conditional pardon by
authorities within forty-eight ( 48) hours the Chief Executive; and
following the issuance of a proclamation by 3. He violated any of the conditions of such
the Chief Executive announcing the passing pardon.
away of such calamity.
A convict granted conditional pardon who is
Basis of liability recommitted must be convicted by final
judgment of a court of the subsequent crime or
Liability is based on the failure to return within crimes with which he was charged before the
48 hours after the passing of the calamity, criminal penalty far such subsequent affense(s)
conflagration or mutiny had been announced can be imposed upon him. Since Article 159 of
and not the act of leaving from the penal the Revised Penal Code defines a distinct,
establishment. substantive felony, the parolee or convict who is
regarded as having violated the provisions
..Mutiov"' as referred underthisartlde thereof must be charged, prosecuted and
convicted by final judgment before he can be
The mutiny referred here involves subordinate made to suffer the penalty prescribed in Article
personnel rising against the supervisor within 159. (Torres v. Gonzales, C.R. No. 76872, July 23,
the penal establishment. It is one of the causes 1987)
which may authorize a convict serving sentence
in the penitentiary to leave the jail provided he Gcanfine of oardnn hetoce a iudrment
has not taken part in the mutiny. If one partakes becomes final
in mutiny, he will be liable for the offenses which
he committed during the mutiny whether or not As mandated by Sec. 19, Article VII of the 1987
he returns. (People v. Padilla, G. R. No. 121917, Constitution, no pardon may be extended before
March 12, 1997) a judgment of conviction becomes final. A
judgment of convittion becomes final: (a) when
NOTE: The penalty of commission of this felony no appeal is seasonably perfected, (b) when the
is an increase by 1/5 of the time remaining to be accused commences to serve the sentence, (c)
served under the original sentence, in no case to when the right to appeal is expressly waived in
exceed 6 months. writing. except where the death penalty was
imposed by the trial court. and (d) when the
The special allowance for loyalty (e.g. deduttion accused applies for probation, thereby waiving
of sentence) authorized by Art. 98 and 158(2) his right to appeal. Where the judgment of
refers to those convicts, who having evaded the conviction is still pending appeal and has not yet
service of their sentences by leaving the penal therefore attained finality, executive clemency
institution, give themselves up within 48 hours may not yet be granted by the President. (People
following the issuance of the proclamation by v. Salle.Jr. C.R. Na. 103567, December 4, 1995)
the President announcing the passing away of
the calamity or catastrophe. They will be entitled Rasis of the oower of the President to erant
to a deduction of one-fifth (1/5) of their pardon
respective sentences.
The pardoning power of the President is
A deduction of two-fifths (2/5) of the period of provided for in Article VII as follows: "Except in
his sentence shall be granted in case said cases of impeachment, or as otherwise provided
prisoner chose to stay in the place of his in this Constitution, the President may grant
confinement notwithstanding the existence of a reprieves, commutations, and pardons, and
calamity or catastrophe enumerated under Art. remit fines and forfeitures, after conviction by
158. (Art 98 as amended by R.A. 10592). final judgment.• (Sec. 19, Art. VII af the 1987
Constitution)
EVASION BY VIOLATION OF
CONDITIONAL PARDON As provided further in Sec. 64[i] of the Revised
ART. 159, RPC Administrative Code, the President has the
power ..to grant to convicted persons reprieves
Elements or pardons, either plenary or partial, conditional,
or unconditional; to suspend sentences without
1. Offender was a convict; pardon, remit fines, and order the discharge of
any convicted person upon parole, subject to

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BOOK II - CRIMES AGAINST PUBLIC ORDER
such conditions as he may impose; and to remitted be higher than six years, is clearly
authorize the arrest and reincarceration of any inapplicable in this case as the term remitted by
such person who, in his judgment, shall fail to the pardon is 3 years, 7 months, and 8 days.
comply with the condition, or conditions of his (People v. Sanares, G.R. No. L-43499, January 11,
pardon, parole, or suspension of sentence." 1936)

Q: While serving his sentence for the crime of Condjtional pardon vis-3-vis Evasion of
abduction after being found guilty thereof by service ofseoteoce
the Cfl of cavite, defendant-appellant was
pardoned on February 1923. Subsequently, VIOLATION OF EVASION OF
he was tried for the crime of attempted CONDITIONAL SERVICE OF
robbery in band with physical injuries and PARDON SENTENCE
also charged with a violation of the condition
of his pardon with the Cfl of IUzal. On appeal, It is not a public offense It is a public offense
defendant claims that it is the CFI of Cavite for it does not c.ause separate and
that has jurisdiction over the case. Is the harm or injury to the independent from
defendant correct? right of another person any other act.
nor does it disturb
A: NO. It is the court wherein the crime ublic order.
committed, subsequent to the pardon, which has
jurisdiction to determine whether the defendant QUASI-RECIDIVISM
has violated the conditions of the pardon. ART. 160, RPC

The proceeding under Article 159 of the Revised o,msi-reddivism


Penal Code is not a continuation or a part of the
proceeding of the crime previous to the grant of It is a special aggravating circumstance where a
pardon. It is a new proceeding, complete in itself person, after having been convicted by final
and independent of the latter. It refers to other judgment. shall commit a new felony before
subsequent facts which the Jaw punishes as a beginning to serve such sentence, or while
distintt crime the penalty for which is not serving the same. He shall be punished by
necessarily that remitted by the pardon. (People maximum period of the penalty prescribed by
v. Martin, G.R. No. L-46432, May 17, 1939) Jaw for the new felony. (Reyes, 2017)

NOTE: The condition imposed upon the prisoner Elements (1991 BARl
that he should not commit another crime
extends to offenses punished by special Jaws like 1. Offender was already convicted by final
illegal voting under the Election Law. (Reyes, judgment of one offense; and
2008) 2. That he committed a new felony before
beginning to serve such sentence or while
Q: After serving 2 years, 5 months and 22 serving the same.
days of the total duration of his sentence of
prision mayor, a conditional pardon was NOTE: Under this provision, any person who
granted to the appellant remitting 3 years, 7 shall commit a felony after having been
months, and 8 days. Subsequently, appellant convicted by final judgment, before beginning to
was found guilty of the crime of estafa. By serve such sentence, or while serving the same,
reason thereof, he was prosecuted under Art. shall be punished by the maximum period of the
159 to which he pied guilty. The court then penalty prescribed by Jaw for the new felony.
ordered his recommitment for the term This circumstance has been interpreted by the
remitted by the pardon. The accused Court as a special aggravating circumstance
appealed from this judgment. Is the appeal where the penalty actually imposed is taken
meritorious? from the prescribed penalty in its maximum
period without regard to any generic mitigating
A: YES, By express provision of Art. 159 of the circumstances. (People v. Temporada, G.R. No.
RPC, the prescribed penalty is pns,on 173473, December 17, 2008)
correcdonal in its minimum period. The second
part of said Article, which provides that the Q: The Cfl of IUzal found the defendants
convict shall suffer the unexpired portion of his guilty of the crime of murder and imposed
original sentence should the penalty or term upon them the penalty of death by reason of

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the existence of special aggravating


drcumstance of quasi-recidivism.

On automatic review by the Supreme Court,


the counsel of the defendants contends that
the allegation of quasi-recidivism in the
Information is ambiguous, as it fails to state
whether the offenses for which the
defendants were serving sentence at the time
of the commission of the crime charged were
penalized by the RPC, or by a special Jaw. Is
the argument of the counsel correct?

A: NO. It makes no difference, for purposes of


the effect quasi-recidivism, under Art. 160 of the
Revised Penal Code, whether the crime for
which an accused is serving sentence at the time
of the commission of the offense charged, falls
under said Code or under a special Jaw. (People
v. Perolta, et of., G.R. No. L-15959, October 11,
1961) It is only the subsequent crime committed
which is required to be a felony under the RPC.

Q: Defendant-appellant, while serving


sentence for the crime of homicide, killed
one Sa bas Aseo, for which the CFI of Manila
found him guilty with the crime of murder,
meting him the penalty of death. On appeal to
the Supreme Court, appellant contend that
the CFI erred in applying Article 160 of the
RPC as it is applicable only when the new
crime which is committed by a person
already serving sentence is different from
the crime for which he is serving sentence. Is
the defendant correct?

A: NO. The new offense need not be different or


be of different character from that of the former
offense. The deduction of the appellant from the
head note of Art 160 of the word "another· is
not called for. The language is plain and
ambiguous. There is not the slightest intimation
in the text of article 160 that said article applies
only in cases where the new offense is different
in character from the former offense for which
the defendant is serving the penalty. Hence, even
if he is serving sentence for homicide and was
later found to be guilty of murder, Article 160
applies. (People v. Yabut G.R. No. 39085,
September 27, 1933)

NOTE: The second crime must be a felony,


punishable under RPC. But the first crime for
which the offender is serving sentence may
either be punishable under RPC or special law.

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CRIMES AGAINST PUBLIC INTEREST 8. Offering False Testimony in Evidence (Art.


184, RPC);
ActS of Counterfeiting 9. Machinations in Public Auctions (Art 185,
RPCJ;
1. Forging the seal of the Government, 10. Monopolies and Combinations in Restraint
signature or stamp of the Chief Executive of Trade (Art.186, RPC); and
(Art 161, RPC); 11. Importation and Disposition of Falsely
2. Using forged signature, seal or stamp (Art Marked Articles or Merchandise Made of
162, RPC); Gold, Silver, or other Precious Metals or
3. Making and importing and uttering false their Alloys. (Art 187, RPC)
coins (Art 163, RPC);
4. Mutilation of coins (Art 164, RPC); FORGERIES
5. Forging treasury or bank notes or other
documents payable to bearer. (Art 166, RPC) Crimes called coreeries
Aas ofEoreecx They are:
1. Forging the seal of the Government,
1. Illegal Possession and Use of False Treasury signature or stamp of the Chief Executive
or Bank Notes and Other Instruments of (Art.161, RPC);
Credit (Art 168, RPCJ; and 2. Making and importing and uttering false
2. How Forgery is Committed. (Art.169, RPC) coins (Art 163, RPCJ;
3. Mutilation of coins (Art 164, RPC);
Aas ofEa!sificarion 4. Forging treasury or bank notes or other
documents payable to bearer (Art 166,
1. Falsification of legislative documents (Art RPCJ;
170, RPC); 5. Counterfeiting instruments not payable to
2. Falsification by public officer, employee, or bearer (Art.167, RPC);
notary, or ecclesiastical minister (Art 171, 6. Falsification of legislative documents (Art.
RPC); 170, RPC);
3. Falsification by private individuals (Art. 172, 7. Falsification by public officer, employee or
RPC); notary or ecclesiastical minister (Art 171,
4. Falsification of wireless, cable, telegraph, RPCJ;
and telephone messages (Art 173, RPC); 8. Falsification by private individuals (Art.
5. Falsification of medical certificates, 172, RPC);
certificates of merit or service (Art 174, 9. Falsification of wireless, cable, telegraph
RPC); and telephone messages (Art 173, RPCJ;
6. Using False Certificates (Art 175, RPCJ; and and
7. Manufacturing and Possession of 10. Falsification of medical certificates,
Instruments or Implements for Falsification. certificates of merit or service. (Art 174,
(Art 176, RPC) RPC) (Reyes, 2017)

Other Falsifies COUNTERFEITING THE GREAT SEAL OF THE


GOVERNMENT OF THE PHILIPPINE ISLANDS,
1. Usurpation of Authority or Official Functions FORGING THE SIGNATURE OR STAMP
(Art 177, RPC); OF THE CHIEF EXECUTIVE
2. Using Fictitious and Concealing True Name ART. 161, RPC
(Art 178, RPC);
3. Illegal Use of Uniforms and Insignia (Art
179, RPC); PnniShahle Aas
4. False Testimony Against a Defendant (Art
1. Forging the Great Seal of the Government of
180, RPC);
the Philippines;
5. False Testimony Favorable to the Defendant
2. Forging the signature of the President; and
(Art 181, RPC);
3. Forging the stamp of the President
6. False Testimony in Civil Cases (Art 182,
RPC);
When in a Government document the signature
7. False Testimony in Other Cases and Perjury
of the President is forged, it is not called
in Solemn Affirmation (Art. 183, RPC);
falsification. Article 161 supplied the specific
provision to govern the case. The name of the

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crime is forging the signature of the Chief A piece of metal stamped with certain marks and
Executive. made current at a certain value.

NOTE: If the signature of the president is forged, Acts of falsification or falsity


the crime committed is covered by this provision
and not falsification of public document. 1. Counterfeiting - refers to money or
currency;
USING FORGED SIGNATURE OR Z. Forgery- refers to instruments of credit and
COUNTERFEIT SEAL OR STAMP obligations and securities issued by the
ART. 162, RPC Philippine government or any banking
institution authorized by the Philippine
Elements government to issue the same; and
3. Falsification - can only be committed in
I. That the Great Seal of the Republic was respect of documents.
counterfeited or the signature or stamp of
the Chief Executive was forged by another Conoterfeitioe
person;
Means the imitation of a legal or genuine coin
NOTE: The offender should not be the one such as to deceive an ordinary person in
who forged the great seal or signature of the believing it to be genuine. A coin is false or
Chief Executive. Otherwise, he will be counterfeited if it is forged or if it is not
penalized under Article 161. authorized by the Government as legal tender,
regardless of its intrinsic value.
2. That the offender knew of the counterfeiting
or forgery; and Criterion used in dererminine wherberacoin
is a counterfeit or not
NOTE: The offender is not the forger or the
cause of the counterfeiting. If the offender is The criterion is that the imitation must be such
the forger, the crime committed is forgery as to deceive an ordinary person in believing it
under Art. 161. to be genuine. Consequently, if the imitation is so
imperfect that no one was deceived, the felony
3. That he used counterfeit seal or forged cannot be consummated.
signature or stamp.
There must be an imitation of peculiar design of
NOTE: In using forged signature or stamp of a genuine coin. (U.S. v. Basco, G.R. No. L-2747,
the President, or forged seal, the April 11, 1906)
participation of the offender is in effect that
of an accessory, and although the general NOTE: Former coins which have been
rule is that he should be punished by a withdrawn from circulation can be
penalty of two degrees lower, under this counterfeited. This article mentions "coin"
article he is punished by a penalty only one without any qualifying words such as "current."
degree lower.
Kinds of coins the conotecCeitioe of which is
MAKING AND IMPORTING mrnisbed
AND UTTERING FALSE COINS
ART. 163, RPC 1. Silver coin of the Philippines or coins of the
Central Bank of the Philippines.
Elements 2. Coins of the minor coinage of the Philippines
or of the Central Bank of the Philippines.
I. That there be false or counterfeited coins; 3. Coins of the currency of a foreign country.
2. That the offender either made, imported or
uttered such coins; and Q: A person gave a copper cent the
3. That in case of uttering such false or appearance of a silver piece, it being silver
counterfeited coins, he connived with the plated, and attempted to pay with it a
counterfeiters or importers. package of cigarettes which he bought at a
store. What crime, if any, was committed?

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A: Such person is not liable for counterfeiting of of destruction of money issued by Central Bank
coin, but for estofo under Art. 318. (Reyes, 2008) of the Philippines, mutilation is not limited to
coins.
"Utter"
AasunniShahle underPP 247
To pass counterfeited coins, deliver or give
away. 1. Willful defacement;
2. Mutilation;
"lmaocr: 3. Tearing;
4. Burning; and
To bring into the Philippines ports any false or 5. Destruction of Central Bank Notes and coin.
counterfeited coins.
NOTE: One who mutilates a coin does not do so
MUTILATION OF COINS, IMPORTATION ANO for the sake of mutilating, but to take advantage
UTTERANCE OF MUTILATED COINS of the metal abstracted, he appropriates a part of
ART. 164, RPC the metal of the coin. Hence, the coin diminishes
in intrinsic value. One who utters said mutilated
Punishable Acrs coin receives its legal value, much more than its
intrinsic value.
1. Mutilating coins of the legal currency, with
the further requirement that there be intent SELLING OF FALSE OR MUTILATED COIN,
to damage or to defraud another; and WITHOUT CONNIVANCE
2. Importing or uttering such mutilated coins, ART. 165, RPC
with the further requirement that there
must be connivance with the mutilator or Punishable ActS
importer in case of uttering.
1. Possession of coin, counterfeited or
Mutilation mutilated by another person, with intent to
utter the same, knowing that it is false or
To take off part of the metal either by filling it or mutilated.
substituting it for another metal of inferior
quality. Elements:
a. Possession (includes constructive
Requisites possession);
b. With intent to utter; and
1. Coin mutilated is of legal tender; and c. Knowledge that such coin is mutilated.

NOTE: This is the only article that requires NOTE: Possession of or uttering false coin
that the mutilated coin be legal tender. does not require that the counterfeiting coin
is legal tender. The possessor should not be
2. Offender gains from the precious metal dust the counterfeiter. mutilator, or importer of
abstracted from the coin. the coins.

Couorerfeitioe of coins vis-a-vis MuJilatioe 2. Actually uttering such false or mutilated


J:12.i.Jls. coin, knowing the same to be false or
mutilated.
COUNTERFEITING
MUTILATING COINS Elements:
COINS
a. Actually uttering a false or mutilated
1. May be of legal 1. Must be legal
coin; and
tender or old coin. tender. b. Knowledge that such coin is false or
2. Att of imitating. 2. Act of scratching mutilated.
the metal content.
NOTE: The offense punished under this
Mutilation ofoanerhmsunderPD 247 article is the mere holding of the false or
mutilated coin with intent to utter.
There can be no mutilation of paper bills under
Art. 164 but in P.O. 247 which punishes the act

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Q: A Chinese merchant was paid by a Notes and other obligations and securities
purchaser of goods in the former's store with that may be forged or falsified
a false SO-centavo coin. He placed it in his
drawer. During a search by some 1. Treasury or bank notes;
constabulary officers, the false coin was 2. Certificates; and
found in the drawer. May the Chinaman be 3. Other obligations and securities, payable to
convicted of illegal possession of false coin? bearer.

A: NO, because ArL 165 requires three things as Kinds of tceasurx or hank notes or other
regards possession of false coins, namely: (1) documents that maxhe fnreed
possession; (2) intent to utter; and (3)
knowledge that the coin is false. The fact that the 1. Obligation or security issued by the
Chinaman received it in payment of his goods Government of the Philippines;
and place it in his drawer shows that he did not 2. Circulating note issued by any banking
know that such coin was false. (People v. Go Po, institution duly authorized by law to issue
C.R. No. 42697, August 1, 1985) the same;
3. Document issued by a foreign government;
NOTE: As long as the offender has knowledge and
that the coin is false or mutilated, there is no 4. Circulating note or bill issued by a foreign
need for him to connive with the counterfeiter or bank duly authorized to issue the same.
mutilator.
NOTE: The falsification of PNB checks is not
FORGING TREASURY OR BANK NOTES OR forgery under Art. 166, but falsification of
OTHER DOCUMENTS PAYABLE TO BEARER; commercial document under Art. 172 in
IMPORTING, AND UTTERING SUCH FALSE OR connection with Art.171.
FORGED NOTES AND DOCUMENTS
ART. 166, RPC Enreerx vis-ta-xis Ealsifiratinn

Acts Punished FORGERY FALSIFICATION


Committed by g1vong Committed by
1. Forging or falsification of treasury or bank to a treasury or bank erasing, substituting,
notes or other documents payable to bearer; note or any counterfeiting, or
2. Importation of such false or forged instrument payable to altering by any
obligations or notes; and the bearer or to order means, the figures,
3. Uttering of such false or forged obligations the appearance of true letters, words, or
or notes in connivance with the forgers or and genuine signs contained
importers. document. therein.

Forging is committed by giving to a treasury or COUNTERFEITING, IMPORTING AND


bank note or any instrument payable to bearer UTTERING INSTRUMENTS
or to order the appearance of a true and genuine NOT PAYABLE TO BEARER
document. ART. 167, RPC

lmoncrarinn of false or fnreed ohHeations or Elements


!!.2W.
1. That there be an instrument payable to
Importation of false or forged obligation or notes order or other document of credit not
means to bring them into the Philippines, which payable to bearer; and
presupposes that the obligation or notes are 2. That the offender either forged, imported or
forged or falsified in a foreign country. uttered such instrument; andThat in case of
uttering, he connived with the forger or
lltterine false or corned nhHeatlnns or oores importer.

It means offering obligations or notes knowing Arrs nffnreecx nunisbedunderArt 167


them to be false or forged, whether such offer is
accepted or not, with a representation, by words 1. Forging instruments payable to order or
or actions, that they are genuine and with an documents of credit not payable to bearer;
intent to defraud. 2. Importing such false instruments; and

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3. Uttering such false instruments in use said false treasury or bank notes. (Clemente
connivance with the forger or the importer. v. People, C.R. No.194367,June 15, 2011)

NOTE: Connivance is not required in uttering if NOTE: But a person in possession of falsified
the utterer is the forger. document and who makes use of the same is
presumed to be the material author of
Inclusion of instruments or other documents falsification.
ofcredit iSsned bxatoreien eovemmeot
FORGERY
This article covers instruments or other ART. 169, RPC
documents of credit issued by a foreign
government or bank because the act punished AasmmiShable
includes that of importing, without specifying
the country or government issuing them. Forgery is committed by (1999, 2008 BAR):

Beason fnr mmishine fnreery 1. Giving to a treasury or bank note or any


instrument payable to bearer or to order
Forgery of currency is punished so as to mentioned therein, the appearance of a true
maintain the integrity of the currency and thus and genuine document; or
insure the credit standing of the government and 2. Erasing, substituting, counterfeiting, or
prevent the imposition on the public and the altering by any means the figures, letters,
government of worthless notes or obligations. words, or sign contained therein.

NOTE: The counterfeiting under Article 167 Essence of Foree ex


must involve an instrument payable to order or
other document of credit not payable to bearer The essence of forgery is giving a document the
appearance of a true and genuine document
ILLEGAL POSSESSION AND USE OF FALSE
TREASURY OR BANK NOTES AND OTHER NOTE: With the definition given in this article,
INSTRUMENTS OF CREDIT the crime of counterfeiting or forging treasury or
ART. 168, RPC bank notes or other documents payable to
bearer or to order includes: (1) acts of
ElementsCl999 RABJ counterfeiting or forging said documents, and
(2) acts of falsification.
1. That any treasury or bank note or
certificate or other obligation and security Q: A received a treasury warrant, a check
payable to bearer, or any instrument issued by the Government. It was originally
payable to order or other document of made payable to B, or his order. A wrote B's
credit not payable to bearer is forged or name on the back of said treasury warrant as
falsified by another person; of B had indorsed it, and then presented it for
2. That the offender knows that any of the payment. It was paid to A. Was there forgery?
said instruments is forged or falsified; and
3. That he either used or possessed with intent A: YES, because when A wrote B's name on the
to use any of such forged or falsified back of the treasury warrant which was
instruments. originally made payable to B or his order, he
converted, by such supposed indorsement, the
Q: Is mere possession of false bank notes treasury warrant to one payable to bearer. It had
enough to consummate the crime under Art. the effect of erasing the phrase ·or his order''
168 of RPC which is the illegal possession upon the face of the warrant. There was material
and use of false treasury or bank notes and alteration on a genuine document. (U.S. v. Solito,
other instruments ofcredit? C.R. No.12546, August 25, 1917)

A: NO. As held in People v. Digoro, possession of Wbeo cmrnterfeitioe iSnot fnreerx


false treasury or bank notes alone, without
anything more, is not a criminal offense. For it to The subjett of forgery should be treasury or
constitute an offense under Article 168 of the bank notes. If the subject of forgery were a
RPC, the possession must be with intent to document other than these, the crime would be
falsification. (Boado, 2008)

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NOTE: Not any alteration of a letter, number, 4. Commercial document any


figure or design would amount to forgery. At instrument executed in accordance with the
most, it would only be frustrated forgery. Code of Commerce of any mercantile law
containing disposition of commercial rights
FALSIFJCATION OF LEGISLATIVE, PUBLIC, or obligations.
COMMERCIAL, AND PRIVATE DOCUMENTS
AND WIRELESS TELEGRAPH, AND Examples:
TELEPHONE MESSAGES a. Bills of exchange
b. Letters of Credit
Docnment c. Checks
d. Quedans
Any written instrument by which a right is e. Drafts
established, or an obligation is extinguished, or f. Bills of lading
every deed or instrument executed by a person
by which some disposition or agreement is Classes offalSificarion
proved, evidenced, or set forth.
1. Falsification of legislative documents;
Kindsofdoo,ments 2. Falsification of a document by a public
officer, employee or notary public;
1. Public document any instrument 3. Falsification of public or official, or
notarized by a notary public or competent commercial documents by a private
public official with the solemnities required individual;
by law. 4. Falsification of private document by any
person; and
Examples: 5. Falsification of wireless, telegraph and
a. Civil service examination papers telephone messages.
b. Official receipt required by the
government to be issued upon receipt of A document is falsified by fabricating an
money for public purposes inexistent document or by changing the contents
c. Residence certificate of an existing one through any of the 8 ways
d. Driver's license enumerated under Art. 171.

2. Official document - any instrument issued FALSIFICATION OF LEGISLATIVE


by the government or its agents or officers DOCUMENTS
having authority to do so and the offices, ART. 170, RPC
which in accordance with their creation,
they are authorized to issue. Elements
Examples: Register of attorneys officially 1. That there be a bill, resolution or ordinance
kept by the Clerk of the Supreme Court in enacted or approved or pending approval by
which it is inscribed the name of each either House of Legislature or any provincial
attorney admitted to the practice of law. board or municipaJ council;
2. That the offender alters the same;
NOTE: Public document is broader than the 3. That he has no proper authority therefor;
term official document. Before a document and
may be considered official, it must first be 4. That the alteration has changed the meaning
public document. To become an official of the document.
document, there must be a law which
requires a public officer to issue or to render NOTE: The att of falsification in legislative
such document. document is limited to altering it which changes
its meaning.
3. Privote document - every deed or
instrument by a private person without the Pecsnns liable under thiSactirJe
intervention of the notary public or of any
other person legally authorized, by which The offender is any person who has no proper
document some disposition or agreement is authority to make the alteration. He may be a
proved, evidenced or set forth. private individual or a public officer.

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NOTE: Article 170 does not require that the ii. That such person or persons did not
offender be a private individual. All that the in fact so participate in the act or
provision requires is that the offender has no proceeding.
proper authority to make the alteration. Hence,
the offender may be a private individual or a Q: Atty. Constantino notarized the Joint
public officer. Acknowledgement of the last will and
testament of Severino. Dr. Asuncion was not
FALSIFICATION BY PUBLIC OFFICER, present during the execution, but bis name
EMPLOYEE OR NOTARY OR was not crossed out from the document. He
ECCLESIASTICAL MINISTER only signed the document after it was
ART. 171, RPC notarized. With this, Atty. Constantino was
(2015 BAR) charged of the crime of falsifying a public
document under Article 171(2) of the
Elements Revised Penal Code for making it appear that
Dr. Asuncion appeared before him and
1. That the offender is a public officer, witnessed the execution of the Last Will and
employee, notary public, or an ecclesiastical Testament. Is Atty. Constantino guilty beyond
minister; reasonable doubt of the crime of falsifying a
public document?
2. That he takes advantage of his official
position: A: NO. In falsification of public documents
under Article 171(2) of the Revised Penal Code,
a. He has the duty to make or prepare or the prosecution must prove that these elements
to othenYise intervene in the exist: (1) that the offender is a public officer,
preparation of the document; or employee, notary public, or an ecclesiastical
b. He has the official custody of the minister; (2) that he takes advantage of his
document which he falsifies; and official position; (3) that he falsifies a document
by causing it to appear that persons have
3. That he falsified a document by committing participated in any act or proceeding; and (4)
any of the following acts (2008 BAR): that such person or persons did not in fact so
participate in the proceeding.
a. Counterfeiting or imitating any
handwriting, signature, or rubric. Here, the first element has already been proven
since petitioner is a notary public. The second
Elements: element is presumed when the alleged falsity
i. That there be an intent to imitate, committed by the notary public pertains to the
or an attempt to imitate; and notarization. However, the third and fourth
ii. That the two signatures or elements are lacking. Even if Atty. Costantino
handwritings, the genuine and the falsely certified that Dr. Asuncion was an
forged, bear some resemblance to instrumental witness to the execution of the will,
each other. one crucial detail remains: Dr. Asuncion signed
the Joint Acknowledgement after it was
NOTE: The Spanish text of Art. 171 is notarized. Since Dr. Asuncion did not sign the
"fingiendo" or feigning (for imitation). In Joint Acknowledgement before it was notarized,
feigning, there is no originaJ signature, he cannot be considered as having attested and
handwriting or rubric, but a forgery of a subscribed to its due execution at the time of its
signature, handwriting or rubric that notarization. It was not petitioner who made it
does not exist. appear that Dr. Asuncion participated in the
execution of the Joint Acknowledgement. but Dr.
b. Causing it to appear that persons have Asuncion himself. Petitioner. therefore, must be
participated in any act or proceeding acquitted. (Atty. Constantino v. People, G.R. No.
when they did not in fact so participate. 225696, April 8, 2019, as penned by]. Leonen)

Elements: c. Attributing to persons who have


i. That the offender caused it to participated in an act or proceeding
appear in a document that a person statements other than those in fact
or persons participated in an act or made by them.
a proceeding; and

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Elements: f. Making any alteration or intercalation in


i. That a person or persons a genuine document which changes its
participated in an act or a meaning.
proceeding;
ii. That such person or persons made Elements:
statements in that act or i. That there be an alteration
proceeding; and (change) or intercalation
iii. That the offender, in making a (insertion) on a document;
document. attributed to such ii. That it was made on a genuine
person or persons statements other document;
than those in fact made by such iii. That the alteration or
person or persons. intercalation had changed the
meaning of the document; and
d. Making untruthful statements in a iv. That the change made the
narration of tac.ts. document speak something
false.
Elements:
i. That the offender makes in a The alteration which makes a document
document untruthful statements in speak the truth does not constitute
a narration of facts; falsification.
ii. That he has legal obligation to
disclose the truth of the facts g. Issuing in authenticated form a
narrated by him; document purporting to be a copy of an
original document when no such
NOTE: ·Legal obligation• means original exists, or including in such copy
that there is a law requiring the a statement contrary to, or different
disclosure of truth of the facts from, that of the genuine original.
narrated. (Reyes, 2017)
NOTE: The acts of falsification
The person making the narration of mentioned in this paragraph cannot be
facts must be aware of the falsity of committed by a private individual or by
tfatts narrated by him. (Reyes, a notary public or a public officer who
2017) does not take advantage of his official
position.
iii. The facts narrated by the offender
are absolutely false; and h. Intercalating any instrument or note
relative to the issuance thereof in a
NOTE: The perversion of truth in protocol, registry or official book
the narration of facts must be made
with the wrongful intent of injuring 4. In case the offender is an ecclesiastical
a third person. (Reyes, 2017) minister, the act of falsification is committed
with respect to any record or document of
iv. The untruthful narration must be such character that its falsification may
such as to affect the integrity of the affect the civil status of persons.
document or to change the effects
which it would otherwise produce. Persons liable under Art 171
e. Altering true dates. 1. Public officer, employees, or notary public
who takes advantage of official position;
There is falsification under this 2. Ecclesiastical minister if the act of
paragraph only when the date falsification may affect the civil status of
mentioned in the document is essential. persons; or
The alteration of the date in a document 3. Private individual, if in conspiracy with
must affect either the veracity of the public officer.
document of the effetts thereof.
Q: X was charged with falsification because in
her certificate of candidacy for the position
of coundlor she had 'willfully and unlawfully'

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made the false statement that she was present the idea of gain or the intent to injure a
eligible to said office although she knew fully third person because in the faJsification of a
well that she was under 23 years old. Was the public document, what is punished is the
charge proper? violation or the public faith and the destruction
or the truth as therein solemnly proclaimed.
A: NO. When the accused certified she was (Galeos v. People, G.R. Nos. 174730-37, February
eligible for the position, she practically wrote a 9, 2011)
conclusion of law. Hence, she may not be
declared guilty or falsification because Art. 171 Q: A counterfeited the signature or B but
punishes untruthful statements ln narratlon of what he entered in the Statement or Assets
facts. (People v. Yanzo, G.R. No. L-12089, April 29, and Liabilities or B are all true. Since there
1960) was no damage to the government, did he
commit a crime?
Makine 11otc11thful sratements vis-A-vis
Perjury A: YES. In falsification or a public document, it is
immaterial whether or not the contents set forth
MAKING therein were false. What is important is the fact
UNTRUTHFUL PERJURY that the signature of another was counterfeited.
STATEMENTS In a crime of falsification of a public document,
The document must The document must the principal thing punished is the violation or
not be subscribed and be subscribed and public faith and the destruction or the truth as
sworn. sworn to. therein solemnly proclaimed. Thus, intent to
gain or injure is immaterial. Even more so, the
Ex: cedulo; driver's NOTE: What is gain or damage is not necessary. (Caubang v.
license violated is the People, G.R. No. L-62634 June 26, 1992)
solemni orthe oath.
Q: Can falsification be committed by
Q: Augustina filed a criminal complaint omission?
against Bernante for falsification or public
document because the latter allegedly A:YES.
falsified leave forms. It was alleged that
Bernante made it appear in his leave Illustration: An assistant bookkeeper who,
application that he was on forced leave and having bought several articles for which he
on vacation leave on certain dates. ln truth, signed several chits,intentionally did not record
Bernante was serving a 20-day prison term in his personal account most of the said chits
because or his conviction or the crime or and destroyed them so that he could avoid
slight physical injuries. Is Bernante liable for paying the amount thereof is guilty or
the crime or falsification or documents? falsification by omission. (People v. Dizon, G.R.
No. L-22560,January 29, 1925)
A: NO. Augustina failed to point to any law
imposing upon Bernante the legal obligation to FALSIFICATION BY PRIVATE INDIVIDUALS
disclose where he was going to spend his leave AND USE OF FALSIFIED DOCUMENTS
or absence ...Legal obligation· means that there is ART.172,RPC
a law requiring the disclosure or the truth or the
facts narrated. Bernante may not be convicted of PnniShable Aas
the crime or falsification or public document by
making false statements in a narration of facts 1. Falsification or a public, official, or
absent any legal obligation to disclose where he commerdal document by a private
would spend his vacation leave and forced leave. individual.
(Enemecio v. Office of the Ombudsman {Visoyas],
G.R. No.146731,January 13, 2004) Elements (1991, 1992, 1993, 2000, 2009
BAR):
Q: In falsification or public documents, is it a. Offender is a private individual or public
necessary that there be the idea or gain or officer or employee who did not take
intent to injure a third person? advantage or his official position;
b. He committed any att or falsification;
A: NO. In falsification or public or official and
documents, it is not necessary that there be

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c. The falsification is committed in a i. Offender knew that a document


public, official, or commercial document was falsified by another person
or letter of exchange. ii. The false document is embraced in
Arts. 171 or 172 (1 or 2)
NOTE: Under this paragraph, damage is not iii. He used such document (not in
essential. It is presumed. judicial proceedings).
iv. The use caused damaged to
2. Falsification of private document by any another or at least used with intent
person to cause damage

Elements: NOTE: The user of the falsified document is


a. Offender committed any of the acts of deemed the author of the falsification if: (1) the
falsification except Art. 171 (7), that use was so closely connected in time with the
is, issuing in an authenticated form a falsification, and (2) the user had the capacity of
document purporting to be a copy of falsifying the document. (1997, 1999 BAR)
an original document when no such
original exists, or including in such a The person who used the falsified document is
copy a statement contrary to, or not the one who falsified the document. If the
different from that of the genuine one who used the falsified document is the same
original; person who falsified it, the crime is only
b. Falsification was committed in any falsification and the use of the same is not a
private document; and separate crime.
c. Falsification caused damage to a third
party or at least the falsification was Good taUh iSadefense ifa orivate individual
committed with intent to cause such falSifiedaouhHc document
damage.
There is no falsification of a public document if
Mere falsification of private document is not the acts of the accused are consistent with good
enough. Two things are required: faith. Misstatements or erroneous assertion in a
public document will not give rise to falsification
1. He must have counterfeited the false as long as he acted in good faith and no one was
document; and prejudiced by the alteration or error.
2. He must have performed an
independent act which operates to the Pocnment need oat be an a,nhentif nftieial
prejudice of a third person. lli!I!.£!:

NOTE: -With the intent to cause damage" means It states that "causing it to appear that persons
that the offender performs some other have participated in any act or proceeding when
independent ac.t in order to make use of it - an they did not in fact participate," the document
act which, while it does not result in prejudice to need not be an authentic official paper since its
a third party, has been done nevertheless with simulation is the essence of falsification. So, the
the intention of causing such prejudice. signatures appearing thereon need not
necessarily be forged.
3. Use of falsified document.
Q: When is damage required under this
Elements: Article?
a. In introducing in a judicial proceeding
i. Offender knew that the document A:
was falsified by another person; 1. When a private document is falsified;
ii. The falsified document is in Arts. 2. When a falsified document is used in any
171 or 172 (1 or 2); proceeding other than judicial.
iii. He introduced said document in
evidence in a judicial proceeding. Q: Is there a complex crime of estafa through
falsification of a private document?
NOTE: Damage is not necessary in the
crime of introducing in judicial A: NONE. The fraudulent gain obtained through
proceeding a false document. deceit in estafa, in the commission of which a
b. In use in any other transaction· private document was falsified is nothing more

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or less than the very damage caused by the the Philippines v. Jase Go, et al, G.R. Na. 191015,
falsification of such document. The proper crime August 6, 2014)
to be charged is estafa, if estafa can be
committed without falsification, such as when a Falsification of public document vis-A-vis
private document is falsified to conceal the orivare document
misappropriation of money in possession of the
offender, or when estafa was already
consummated. If estafa cannot be committed BASIS FALSIFICATION
FALSIFICATION
without faJsification, then the crime is OF PUBLIC
OF PRIVATE
falsification such as when the private document DOCUMENT
DOCUMENT
is falsified to obtain the money which was later (2013 BAR)
misappropriated.
Asto Mere falsification Aside from
Q: Orient Commerdal Banking Corporation the is enough falsification,
(OCBC), a commercial bank was ordered natur prejudice to a
closed by the BSP. PDIC was designated as eof third person or
the receiver of OCBC. Based on their the intent to cause it,
investigation, it appears that fictitious loans crime is essential
in favor of two entities - Timmy's, Inc. and Can be There is no
Asia Textile Mills, Inc. were approved. After complexed with complex crime of
which, two manager's checks representing other crimes if estafa through
the supposed proceeds of these loans were the act of falsification of a
issued but made payable to two different falsification was private
entities without any documents issued by the the necessary document.
supposed borrowers assigning the supposed Asto means in the Hence, when one
loan proceeds to the two payees. Thereafter, comm commission of makes use of a
these two manager's checks were encashed, ission such crimes, like private
and then deposited in the OCBC Savings ofa estafa, theft. or document. which
Account of Jose Go. PDIC as receiver sent comp/ malversation. he falsified, to
demand letters to the bank's debtor­ ex defraud another,
borrowers on record, including Timmy's, Inc. crime e.g. Malversation there results
and Asia Textile Mills, Inc. However, it was through only one crime:
discovered that the signatures of the falsification of a that of
corporate officers were forgeries, and the public document; falsification of a
purported loans were obtained through Esta/a through private
falsified loan documents. What crime did Go, falsification of a document.
e t al. commit? ublic document.

A: Go, et. al., are liable for the crime of Esta/a No falsification of orivate document thcoueh
thru Falsification of Commercial Documents. In a negHgence or reckless imprudence
prosecution for estafa, demand is not necessary
where there is evidence of misappropriation or In falsification of private document, there must
conversion. The accused may be convicted of the be, at least, an intent to cause damage there
felony under Article 315, paragraph l(b) of the must be malice. On the other hand, in
Revised Penal Code if the prosecution proved falsification through imprudence, it does not
misappropriation or conversion by the accused necessitate such intent or malice.
of the money or property subject of the
information. Moreover, the falsification of a No such ccime as attemoted/fn,stcated
public. official, or commercial document may be falsifirarion
a means of committing estafa because before the
falsified document is actually utilized to defraud Falsification is consummated the moment the
another, the crime of falsification has already genuine document is altered on the moment the
been consummated, damage or intent to cause false document is executed. However, there may
damage not being an element of the crime of be a frustrated crime of falsification if the
falsification of public, official or commercial falsification is imperfett. (Reyes, 2008)
document. Therefore, the falsification of the
public. official or commercial document is only a
necessary means to commit the estafa. (People af

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FALSIFICATION OF WIRELESS TELEGRAPH FALSE MEDICAL CERTIFICATES,


ANO TELEPHONE MESSAGES FALSE CERTIFICATES OF MERIT OR SERVICE
ART. 173, RPC ART. 174, RPC

Punishable Aas Punishable Aas


1. Uttering fittitious wireless, telegraph or 1. Issuance of false certificate by a physician or
telephone message; surgeon in connection with the practice of
2. Falsifying wireless, telegraph or telephone his profession;
message; and
NOTE: The crime is False Medical Certificate
Elements oft and 2: by a physician. (Reyes, 2017)
a. That the offender is an officer or
employee of the Government or an 2. Issuance of a false certificate or merit or
officer or employee of a private service, good conduct or similar
corporation, engaged in the service of circumstances by a public officer; and
sending or receiving wireless, cable or
telephone message; and NOTE: Intent to gain is immaterial. But if the
b. That the offender commits any of the public officer issued the false certificate in
following acts: consideration of a promise, gift or reward,
i. Uttering fictitious wireless, cable, he will also be liable for bribery.
telegraph or telephone message;
or The crime is False Certificate of Merit or
ii. Falsifying wireless, cable, Sevice by a public officer. (Reyes, 2017)
telegraph, or telephone message.
3. Falsification by a private person of any
3. Using such falsified message. certificate falling within 1 and 2.

Elements: NOTE: The crime is False Medical Certificate


a. Offender knew that wireless, cable, by a private invidual or False Certificate of
telegraph, or telephone message was Merit or Service by a private indivldual.
falsified by an officer or employee of a (Reyes, 2017)
private corporation, engaged in the
service of sending or receiving wireless, Certificate
cable or telephone message;
b. He used such falsified dispatch; and Any writing by which testimony is given that a
c. The use resulted in the prejudice of a fact has or has not taken place.
third party or at least there was intent
to cause such prejudice. NOTE: The phrase ·or similar circumstances• in
Art. 174 does not seem to cover property,
Q: Can a private individual commit the crime because the circumstance contemplated must be
offalsification o f telegraphic dispatches? similar to "merit." "service," or "good conduct."

A: It depends. A private individual cannot But certificate of residence for voting purposes
commit the crime of falsification of telegraphic is certificate of ..similar circumstances." (Reyes,
dispatches by direct participation, unless he is 2017)
an employee of a corporation engaged in the
business of sending or receiving wireless Persons liable under Art 174
telegraph or telephone messages.
1. Physician or surgeon;
But a private individual can be held criminally 2. Public officer; or
liable as principal by inducement in the 3. Private individual who falsified a
falsification of telegraph dispatches or telephone certificate falling in the classes mentioned
messages. If he knowingly uses falsified in nos. 1 and 2.
telegraph, wireless, or telephone messages to
the prejudice of a third person, or with intent to USING FALSE CERTIFICATES
cause such prejudice, it is not necessary that he ART. 175, RPC
be connected with such corporation.

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Elements etc. is sufficient. It is not necessary that he


performs an act pertaining to a public
1. A physician or surgeon had issued a false officer.
medical certificate, or public officer issued a
false certificate of merit or service, good 2. Usurpation of Official Functions- by
conduct. or similar circumstance, or a performing any act pertaining to any person
private person had falsified any of said in authority or public officer of the
certificates; Philippine Government or of a foreign
2. Offender knew that the certificate was false; government or any agency thereof, under
and pretense of official position, and without
3. He used the same. being lawfully entitled to do so. (2015 BAR)

NOTE: When any of the false certificates NOTE: It is essential that the offender
mentioned in Art. 174 is used in the judicial should have performed an act pertaining to
proceeding, Art. 172 does not apply, because the a person in authority or public officer, in
use of false document in judicial proceeding addition to other requirements. (Reyes,
under Art. 172 is limited to those false 2008)
documents embraced in Arts. 171 and 172. Such
use of the false certificates falls under Art. 175. Q: A councHor refused to vacate the office of
the mayor despite an officfal opinion that it is
MANUFACTURING AND POSSESSION OF the vice mayor who should discharge the
INSTRUMENTS OR IMPLEMENTS FOR duties of the mayor during the latter's
FALSIFICATION temporary absence. He was charged with
ART. 176, RPC usurpation of authority and officfal functions
but contending that such crime may only be
Punishable Acts committed by private individuals. Is be
correct?
1. Making or introducing into the Philippines
any stamps, dies, marks, or other A: NO. Violation of Art. 177 is not restricted to
instruments or implements for private individuals, public officials may also
counterfeiting or falsification; and commit this crime. (People v. Hilvano, G.R. No. L·
2. Possessing with intent to use the instrument 8583,July 31, 1956)
or implements for counterfeiting or
falsification made in or introduced into the Nnn-aooHrahmrx of the ornxision to an
Philippines by another person. occupant under color of title

NOTE: It is not necessary that the implements This provision does NOT apply to an occupant
confiscated form a complete set for under color of title. This would only apply to a
counterfeiting, it being enough that they may be usurper or one who introduces himself into an
employed by themselves or together with other office that is vacant, or who, without color of
implements to commit the crime of title, ousts the incumbent and assumes to act as
counterfeiting or falsification. an officer by exercising some functions of the
office. (People v. Buena/for, G.R. No. 100992-CR,
OTHER FALSITIES December 17, 1974)

USURPATION OF AUTHORITY OR The function or authority usurped must pertain


OFFICIAL FUNCTIONS to:
ART. 177, RPC
1. The government;
Offensescontemnlared in Art 177 2. Any person in authority; and
3. Any public officer
1. Usurpation of Authority - by knowingly
and falsely representing oneself to be an Usurpation of the authority or functions of a
officer, agent, or representative of any diplomatic, consular or other accredited officers
department or agency of the Philippine of a foreign government is punishable under RA.
Government or any foreign government. 75, in addition to the penalties provided by the
NOTE: The mere act of knowingly and Code. (Regalado, 2007)
falsely representing oneself to be an officer,

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NOTE: The law demands positive, express and a. Offender uses a name other than his real
explicit representation on the part of the name;
offender before he can be convicted of b. He uses the fictitious name publicly; and
usurpation of authority. (Reyes, 2017) c. Purpose of use is to conceal a crime, to
evade the execution of a judgment or to
Q: The National Disaster Risk Reduction and cause damage (to public interest).
Management CouncH requested the release
of P961,550,000 to the Negros Oriental NOTE: If the purpose is to cause damage to
province to finance the rehabilitation of private interest, the crime will be est.afa
various infrastructures damaged by under Art. 315(2)(a).
Typhoon Sendong and a 6.9-magnitude
earthquake. The Office of the President 2. Concealing true name
approved the request. The Department,
through its Regional Office No. VII, issued a Elements:
Special Allotment Release Order which a. Offender conceals his true name and
covered the approved amount. other personal circumstances; and
b. Purpose is only to conceal his identity.
In a June 19, 2012 letter- (Reyes, 2008)
advice, Undersecretary Relampagos
informed Negros Oriental Governor Degamo "fittitlons Name"
that the Department is withdrawing the
Special Allotment Release Order because its Any other name which a person publicly applies
release did not comply with the guidelines on to himself without authority of law. (Id., citing
large-scale fund releases for infrastructure U.S. v. To Lee Piu)
projects. Is Relampagos guilty of Usurpation
of Authority or Official Functions? NOTE: The prisoner who is replaced must
necessarily use the name of another, thus he is
A: NO, Relampagos did not commit the crime of also guilty of using a fictitious name to evode the
usurpation of authority or official functions. The execution ofthe judgment against him.
crime of usurpation of official functions punishes
any person who, under pretense of official The one who takes his place and used a fictitious
position, performs any act pertaining to any name to conceal the crlme is guilty of delivering a
person in authority or public officer of the prisoner from jail.
Philippine Government or any foreign
government, or any agency thereof, without fictltlons name vis-a-vis Concealine rn,e
being lawfully entitled to do so. In this case, �
there was no attempt to represent the President
in the letter. It appears that Relampagos was USE OF FICTITIOUS CONCEALING TRUE
acting on behalf of Secretary Abad, upon the NAME NAME
instructions of the President. Under the doctrine Element of publicity Element of publicity
of qualified political agency, department must be oresent. is not necessarv.
secretaries may att for and on behalf of the The purpose is The purpose is
President on matters where the President is either: merely to conceal
required to exercise authority in their respective a. to conceal a identity.
departments. (Degamo v. Office of the crime, or
Ombudsman, G.R. No. 212416, December 5, 2018, b. to evade the
os penned by]. Leonen) execution of a
judgment. or
USING FICTITIOUS NAME AND c. to cause
CONCEALING TRUE NAME dama•e.
ART. 178, RPC

Acts punishable under Art.178 ILLEGAL USE OF UNIFORM OR INSIGNIA


ART.179, RPC
1. Using fictitious name
Elements
Elements:

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1. Offender makes use of insignia, uniform or False testimony requires criminal intent. and it
dress; cannot be committed thru negligence. It could
2. The insignia, uniform or dress pertains to an not be frustrated or attempted.
office not held by the offender, or to a dass
of persons of which he is not a member; and Beason fnr mmiShine raise restlmnnx
3. Said insignia, uniform, or dress is used
publicly and improperly. Falsehood is always reprehensible; but it is
particularly odious when committed in a judicial
Weacine the unitocm of an imaeinacx office proceeding. as it constitutes an imposition upon
not punishable the court and seriously exposes it to a
miscarriage of justice.
The second element requires that the insignia,
uniform, or dress pertains to an office or class of FALSE TESTIMONY AGAINST A DEFENDANT
persons. ART. 180, RPC

Exact imitation of a unfform or dress is Elements


unnecessary
1. There is a criminal proceeding;
A colorable resemblance calculated to deceive 2. Offender testifies falsely under oath against
the common run of people, not those thoroughly the defendant therein;
familiar with every detail or accessory thereof. 3. Offender who gives false testimony knows
(People v. Romero, C.A. 58, O.G. 4402) that it is false; and
4. Defendant against whom the false testimony
Ilse nfecdesiastical habit ofa relieinns order is given is either acquitted or convicted in a
final judgment.
The unauthorized use of ecclesiastical habit of a
religious order is punishable under this article. NOTE: Defendant must be sentenced to at least a
correctional penalty or a fine, or shall have been
"Improper' use of uniform or insignia acquitted. Thus, if arresto mayor is imposed, Art.
180 is not applicable.
The use thereof by the offender is public and
malicious. (Rego/ado, 2007) It means that the False teslimonx even if rhe testimnnx is not
offender has no right to use the uniform or considered hv the cm,ct
insignia.
What is being considered here is the tendency of
FALSE TESTIMONY the testimony to establish or aggravate the guilt
of the accused and not the result that the
How false tesrimonv is committed testimony may produce.

False testimony is committed by a person who, NOTE: The witness who gave false testimony is
being under oath and required to testify as to the liable even if his testimony was not considered
truth of a certain matter at a hearing before a by the court.
competent authority, shall deny the truth or say
something contrary to it. (Reyes, 2008) Imposition of penalty under this Article

Formsoffalse restimonx It depends upon the sentence of the defendant


against whom the false testimony was given.
Testimony given in:
FALSE TESTIMONY FAVORABLE TO THE
1. Criminal Cases; DEFENDANT
2. Civil Cases; and ART. 181, RPC
3. Other Cases
Elements
False testimony cannot be committed thru
neeHeence 1. A person gives false testimony;
2. In favor of the defendant; and
3. In a criminal case.

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CRIMINAL LAW

NOTE: The convit1:ion or acquittal of a defendant accused is acquitted, there is also a


in the principal case is not necessary. (Reyes, corresponding penalty on the false witness
2017) for his false testimony. (Boado, 2008)

Gravamen FALSE TESTIMONY IN CIVIL CASES


ART. 182, RPC
Intent to favor the accused. False testimony in
favor of a defendant need not directly influence Elements
the decision of acquittal and it need not benefit
the defendant. The intent to favor the defendant 1. Testimony must be given in a civil case;
is sufficient. (People v. Reyes, C.A., 48 O.G. 1837) 2. It must be related to the issues presented in
said case;
Bectifiratinn after ceaHzine the miSrake 3. It must be false;
4. It must be given by the defendant knowing
Rectification made spontaneously after realizing the same to be false; and
the mistake is NOT a false testimony. 5. It must be malicious, and given with an
intent to affect the issues presented in said
Q: Can a defendant who falsely testified in his case.
own behalf in a criminal case be guilty of
false testimony favorable to the defendant? NOTE: The criminal action of false testimony in
civil cases must be suspended when there is a
A: YES. It must not be forgotten that the right of pending determination of the falsity or
an accused to testify in his own behalf is secured truthfulness of the subject testimonies in the
to him, not that he may be enabled to introduce civil case. (Ark Travel Express v. Judge Abrogar,
false testimony into the record, but to enable G.R. No. 137010,August 29, 2003)
him to spread upon the record the truth as to
any matter within his knowledge which will tend Penaltv deneods an the amount of the
to establish his knowledge. Defendant is liable if controversy
he testifies in his favor by falsely imputing the
crime to another person. (U.S. v. Soliman, G.R. No. The penalties vary - if the amount of the
l·11555,January6, 1917) controversy is over PS,000; if not exceeding
PS,000; or if it cannot be estimated. (Reyes,
NOTE: The ruling in Soliman would only apply if 2017)
the defendant voluntarily goes upon the witness
stand and falsely imputes to some other person Non-anolifahilitv of this artkle to soedal
the commission of a grave offense. If he merely ncoreedines
denies the commission of the crime or his
participation therein, he should not be False testimony given to a special proceeding is
prosecuted for false testimony. (Reyes, 2008) NOT punishable under this article. Art. 182
applies only to ordinary or special civil actions
The classification in determining whether the and supplementary or ancillary proceedings
testimony is in favor or against the accused is therein. Perjury committed in special
significant in order to determine when the proceedings, i.e. probate proceeding, are
prescriptive period begins to run: covered by Art. 183. (Regalado, 2007 citing U.S. v.
Gutierrez and People v. Hernandez)
1. In Favor - right after the witness testified
falsely, the prescriptive period commences FALSE TESTIMONY IN OTHER CASES AND
to run because the basis of the penalty on PERJURY IN SOLEMN AFFIRMATION
the false witness is the felony charged to the ART. 183, RPC
accused regardless of whether the accused
was acquitted or convicted or the trial has Perh,rv
terminated.
The willful and corrupt assertion of falsehood
2. Against - the prescriptive period will not under oath or affirmation administered by
begin to run if the case has not been decided authority of law on a material matter.
with finality because the basis of the penalty
on the faJse witness is the sentence on the NOTE: Perjury committed in prosecutions under
accused who testified against it. When the special laws, special proceedings, or under Art.

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BOOK II • CRIMES AGAINST PUBLIC INTEREST
180 where the penalty is only arresto mayor and The main fact which is the subject of the inquiry,
below, can be proceeded against under this or any circumstance which tends to prove that
article. (Rego/ado, 2007) fact. or any fact or circumstance which tends to
corroborate or strengthen the testimony relative
Commission nfneriury to the subject of inquiry, or which legitimately
affects the credit of any witness who testifies.
Perjury is committed thru: (U.S. v. Estrana, G.R. No. 5751, September 6, 1910)
1. Falsely testifying under oath; or
2. Making a false affidavit. Test to derecmioe the materiality of the
matter
NOTE: Falsely testifying under oath should not
be in a judicial proceeding. (Reyes, 2017) The test is not whether the evidence was proper
to be admitted, but whether if admitted it could
Elements (2005 BAR) properly influence the result of the trial.

1. Accused made a statement under oath or Defense in perjury


executed an affidavit upon a material matter
(2008BAR); Good faith or lack of malice is a defense in
2. Statement or affidavit was made before a perjury. Mere assertion of falsehood is not
competent officer, authorized to receive and enough to amount to perjury. The assertion
administer oath; must be deliberate and willful.
3. In that statement or affidavit, the accused
made a willful and deliberate assertion of a Perjury vis-3-vis False testimony
falsehood (1996 BAR); and
4. Sworn statement or affidavit containing the FALSE
falsity is required by law. (1991 BAR) PERJURY
TESTIMONY
The statement need not actually be required. It Any willful and corrupt Given in the
is sufficient that it was authorized by law to be assertion of falsehood on course of a
made. (People v. Angongco, G.R. No. L-47693, material matter under oath judicial
October 12, 1943) and not given in judicial proceeding
proceedings
NOTE: The venue in perjury, if committed by There is perjury even Contemplates
falsely testifying under oath, is the place where during the preliminary attual trial
he testified. If committed by making false investiu:1tion
affidavit, the venue is the place where the
affidavit was notarized. (Union Bank et o/., v.
People, G.R. No. 192565, February 28, 2012) Snhocnarion of Pecincx
It is committed by a person who knowingly and
.lla1h willfully procures another to swear falsely and
the witness suborned does testify under the
Any form of attestation by which a person circumstances rendering him guilty of perjury.
signifies that he is bound in conscience to
perform an act faithfully and truthfully.
Subornation of perjury is not expressly
penalized in the RPC, but the person who
Affidavit induces another to commit a perjury may be
punished under Art. 183, in relation to Art. 17, as
A sworn statement in writing; a declaration in
a principal by inducement to the crime of
writing, made upon oath before an authorized perjury while the one induced is liable as a
magistrate or officer.
principal by direct participation.
Comoerent oecson OFFERING FALSE TESTIMONY IN EVIOENCE
ART. 184, RPC
A person who has a right to inquire into the
questions presented to him upon matters under Elements
his jurisdiction.
1. Offender offered in evidence a false witness
"Material manec" or false testimony;

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2. He knew that the witness or testimony was d. Offender has the intent to cause the
false; and reduction of the price of the thing
3. Offer was made in a judicial or official auctioned.
proceeding.
NOTE: Mere attempt to cause prospective
NOTE: Art. 184 does not apply when the bidders to stay away from the auction by
offender induced a witness to testify falsely. It means of threats, gifts, promises or any
applies when the offender knowingly presented other artifice with the intent that the thing
a false witness, and the latter testified falsely. auctioned, should command a lesser price, is
The one offering the testimony is liable under sufficient to constitute an offense. The threat
Art. 184 while the witness who testified is liable need not be effective nor the offer or gift
under Arts. 180-183, depending on the accepted.
proceedings on which the testimony was offered
and for whose favor the false testimony was MONOPOLIES AND COMBINATIONS
made. IN RESTRAINT OF TRADE
ART. 186, RPC
FRAUDS
NOTE: Art 186 has been repealed by the
MACHINATIONS IN PUBLIC AUCTIONS Philippine Competition Act or R.A. 10667
ART. 185, RPC
Violations of Art. 186 of the RPC committed
Punishable ActS and their elements before the effectivity of R.A. 10667 may continue
to be prosecuted, unless the same has been
1. Soliciting any gift or promise as a barred by prescription, and subject to the
consideration for refraining from taking part procedure under Sec. 31 of R.A. 10667. (Sec. 55,
in any public auction; and par. A, R.A. 10667; Reyes, 2017)

Elements: Anti-Competitive Agreements under tbe


a. There is a public auction; Philiooine Cnmoeririnn Act
b. Offender solicits any gift or
compromise from any of the 1. The following agreements, between or
bidders; among competitors, are perse prohibited:
c. Such gift or promise is the
consideration for his refraining a. Restricting competition as to price, or
from taking part in that public components thereof, or other terms of
auction; and trade; and
d. Offender has the intent to cause the b. Fixing price at an auction or in any
reduction of the price of the thing form of bidding including cover
auctioned. bidding, bid suppression, bid rotation
and market allocation and other,
NOTE: It is not required that the person analogous practices of bid
making the proposal actually refrains from manipulation;
taking part in any auction.
2. The following agreements, between or
2. Attempting to cause bidders to stay away among competitors which have the objec.t or
from an auction by threats, gifts, promises effect of substantially preventing, restricting
or any other artifice. or lessening competition: shall be
prohibited:
NOTE: The threat need nat be effective nor
the offer or gift accepted for the crime to a. Setting, limiting, or controlling
arise. production, markets, technical
development, or investment; and
Elements: b. Dividing or sharing the market,
a. There is a public auction; whether by volume of sales or
b. Offender attempts to cause the bidders purchases, territory, type of goods or
to stay away from that public auction; services, buyers or sellers, or any other
c. It is done by threats, gifts, promises or means;
any other artifice; and

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BOOK II • CRIMES AGAINST PUBLIC INTEREST
3. Agreements other than those specified in 2. Stamps, brands, or marks of those articles of
nos. 1 and 2 of this section which have the merchandise fail to indicate the actual
object or effect of substantially preventing, fineness or quality of said metals or alloys;
restricting or lessening competition shall and
also be prohibited: Provided, Those which 3. Offender knows that the stamps, brands or
contribute to improving the production, or marks fail to indicate the actual fineness or
distribution of goods and services, or to the quality of the metals or alloys.
promoting technical, or economic progress,
while allowing consumers a fair share of the Alrerntion ofOuaHtv
resulting benefits, may not necessarily be
deemed a violation of this Act. The manufatturer who alters the quality or
fineness of anything pertaining to his art or
An entity that controls, is controlled by, or is business is liable for estafa under Article 315,
under common control with another entity or subdivision 2(b), of the Code.
entities, have common economic interests, and
are not othenvise able to decide or act NOTE: Selling the misbranded articles is not
independently of each other, shall not be necessary.
considered competitors for purposes of this
section. (Sec. 14, RA 10667)

PeoalfiesuoderBA 10667
An entity that enters into any anti-competitive
agreement as covered by Chapter Ill, Section
14(a) and 14(b) under this Act shall, for each
and every violation, be penalized by
imprisonment from two (2) to seven (7) years,
and a fine of not less than fifty million pesos
(PS0,000,000) but not more than two hundred
fifty million pesos (P250,000,000.00). The
penalty of imprisonment shall be imposed upon
the responsible officers, and directors of the
entity.

When the entities involved are juridical persons,


the penalty of imprisonment shall be imposed on
its officers, directors, or employees holding
managerial positions, who are knowingly and
willfully responsible for such violation (Sec. 30,
RA 10667).

IMPORTATION AND DISPOSITION OF


FALSELY MARKED ARTICLES OR
MERCHANDISE MADE OF GOLD, SILVER, OR
OTHER PRECIOUS METALS OR THEIR ALLOYS
ART. 187, RPC

Articles of the merchandise

1. Gold
2. Silver
3. Other precious metals
4. Their alloys

Elements
1. Offender imports, sells, or disposes of any of
those articles or merchandise;

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CRIMES AGAINST PUBLIC MORAIS Q: X, an 11-year-old girl, had sexual


intercourse with her 18 year-old boyfriend Y.
NOTE: Arts. 195-196 have been repealed and They performed the act i n a secluded vacant
modified by P.O. Nos. 449, 483, and 1602, as lot. Unknown to them, there was a roving
amended by Letters of Instructions No. 816. policeman at that time. Hence, they were
Arts.197 -199 has been repealed and modified by arrested. What crime did they commit?
P.O. 483 and P.O. 449.
A: The sexuaJ intercourse with the girl
OFFENSES AGAINST DECENCY constitutes statutory rape. Though the act was
AND GOOD CUSTOMS carried out in a public place, criminal liability for
grave scandal cannot be incurred because the
GRAVE SCANDAL conduct ofY is punishable under another article
ART. 200, RPC of the RPC.

Grave scandal NOTE: The highly scandalous conduct should


not fall within any other article of the RPC. Thus,
It consists of acts which are offensive to decency this article provides for a crime of last resort.
and good customs which, having been
committed publicly, have given rise to public Essence of grave scandal
scandal to persons who have accidentally
witnessed the same. The essence of grave scandal is publicity and
that the acts committed are not only contrary to
Elements morals and good customs but must likewise be
of such character as to cause public scandal to
1. Offender performs an ac.t or acts; those witnessing it. (2013 BAR)
2. Such act or acts be highly scandalous as
offending against decency or good customs; Gcave scandal vis-a-visAlarms andscandal
3. Highly scandalous conduct is not expressly
falling within any other article of this Code; GRAVE ALARMS AND
BASIS
and SCANDAL SCANDAL
4. Act or acts complained of be committed in a The acts of the The acts of the
public place or within the public knowledge offender are offender do not
or view. (1996 BAR) highly necessarily
As to its
scandalous in scandalize the
commissi
NOTE: There should be consent to do the such a manner public, but his
-on
scandalous act. If the scandalous act was done that it offends acts produce
without consent, the crime committed may be decency and alarm or danger
acts of lasciviousness or violation of RA 7610 if 200d customs. to the public.
a child is involved. The scandal The purpose is
involved refers to disturb public
NOTE: If the acts of the offender are punished to moral peace.
under another article of the RPC, Art. 200 is not scandal
applicable. offensive to
decency or good
CommiSsion ofrbe crime inaorivare olace As to its customs,
purpose although it does
An ac.t offensive to decency, performed in a not disturb
private place, constitutes grave scandal. public peace.
However, the act must be open to public view for But such
it to be actionable. conduct or ac.t
must be open to
NOTE: If committed in a public place, the the public view.
performance of the act offensive to decency is
already a crime even though there is no third IMMORAL DOCTRINES, OBSCENE
party looking at it. Public view is not required. PUBLICATIONS AND EXHIBITIONS, AND
The public character of the place is sufficient. INDECENT SHOWS
ART. 201 AS AMENDED BY P.D. 969

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J86
BOOK II • CRIMES AGAINST PUBLIC MORALS

PersonsHable Iesrofobscenitx
1. Those who shall publicly expound or 1. Whether to the average person, applying
proclaim doctrines openly contrary to public contemporary standards would find the
morals; work, taken as a whole, appeals to the
2. Authors of obscene literature, published prurient interest;
with their knowledge in any form, the 2. Whether the work depicts or describes, in a
editors publishing such literature; and the patently offensive way, sexual conduct
owners/operators of the establishment specifically defined by the applicable state
selling the same; law; and
3. Those who, in theaters, fairs, 3. Whether the work. taken as a whole, lacks
cinematography, or any other place, exhibit serious literary, artistic, political, or
indecent or immoral plays, scenes, acts, or scientific value. (Miller v. California, 413 US
shows, it being understood that the obscene 1S,june 21, 1973)
literature or indecent or immoral plays,
scenes, acts or shows, whether live or in Liability of the author of obscene literature
film, which are proscribed by virtue hereof,
shall include those which: The author becomes liable if it is published with
his knowledge. In every case, the editor
a. Glorify criminals or condone crimes; publishing it is also liable.
b. Serve no other purpose but to satisfy
the market for violence, lust or Viewine nfoornoecanhif materials in orivare
pornography;
c. Offend any race, or religion; If the viewing of pornographic materials is done
d. Tend to abet traffic in and use of privately, there is no violation of Art. 201. What
prohibited drugs; or is protected is the morality of the public in
e. Contrary to law, public order. morals, general. The law is not concerned with the moral
good customs, established policies, of one person.
lawful orders, decrees and edicts; or
Q: The criminal case for violation of Article
4. Those who shall sell, give away, or exhibit 201 of RPC was dismissed because there was
films, prints, engravings, sculptures, or no concrete and strong evidence pointing
literatures which are offensive to morals. them as the direct source of pornographic
materials. Can petitioner now recover the
NOTE: The object of the law is to protect the confiscated hard disk containing the
morals of the public. (1993 BAR) pornographic materials?

NOTE: Mere possession of obscene materials, A: NO. Petitioner had no legitimate expectation
without intention to sell, exhibit, or give them of protection of their supposed property rights.
away, is not punishable under Art. 201, P.D. 969, which amended Art. 201, also states
considering the purpose of the law is to prohibit that 'where the criminal case against any
the dissemination of obscene materials to the violation of this decree results in an acquittal,
public. (Reyes, 2017) the obscene or immoral literature, films, prints,
engravings, sculpture, paintings or other
Obscenity materials and articles involved in the violation
shall nevertheless be forfeited in favor of the
Obscenity is something which is offensive to government to be destroyed." In this case, the
chastity, decency or delicacy. That which shocks destruction of the hard disks and the software
the ordinary and common sense of men as an used in the violation of the subject law,
indecency. addresses the purpose of minimizing, if not
eradicating pornography. (Nogra/es v. People,
Puhlifitv is an essential element of this G.R.Na.191080, November 21, 2011)
offense
VAGRANTS AND PROSTITUTES
This offense, in any of the forms mentioned, is ART. 202, as amended by R.A. 10158 "An Act
committed only when there is publicity. It is an Decriminalizing Vagrancy"
essential element.

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NOTE: R.A. 10158 decriminalized vagrancy. All


pending cases on vagrancy shall be dismissed
and all persons serving sentence for vagrancy
shall be immediately released upon effectivity of
RA. 10158. (Reyes, 2017)

Pcostin,tes
They are women who, for money or profit,
habitually indulge in sexual intercourse or
lascivious conduct.

Sexual intercourse is not a necessary element to


constitute prostitution. The act of habitually
indulging in lascivious conducts because of
money or gain would already amount to
prostitution.

Term prostitution is not applicable to a man

The term is applicable only to a woman who, for


money or profit, habitually engages in sexual
intercourse or lascivious conduct. A man who
engages in the same condutt is not a prostitute
but a vagrant.

His acts may also be punished under


city/municipal ordinances.

No crime nfornstltutinn hv consoiracx


One who conspires with a woman in the
prostitution business like pimps, taxi drivers or
solicitors of clients are guilty of the crime under
Article 341 for white slavery.

Art. 202 not applicable to minors

Persons below eighteen (18) years of age shall


be exempt from prosecution for the crime of
prostitution under ArL 202 of the RPC, such
prosecution being inconsistent with the United
Nations Convention on the Rights of the Child;
Provided, that said persons shall undergo
appropriate counselling and treatment program.
(Sec. 58, R.A 9344)

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CRIMINAL LAW
CRIMES COMMITTED BY PUBLIC OFFICERS agencies of the government does not take her
position outside the meaning of a public office.
PUBLIC OFFICERS ljovier v. Sondigonboyon, GR 147026-27,
ART. 203, RPC September 11, 2009)

Io heaouhHc officer one must be· MALFEASANCE AND MISFEASANCE IN OFFICE

1. Taking part in the performance of public Three fnrmsofhrearb ofmnh or dutx


functions in the Government. or performing 1. Misfeasance
in said Government or in any of its branches 2. Malfeasance
public duties as an employee, agent or 3. Nonfeasance
subordinate official, of any rank or class; and

2. That his authority to take part in the NONFEASA


performance of public functions or to MISFEASANCE MALFEASANCE
NCE
perform public duties must be:
Improper Performanc Omission of
a. By direct provision of the law, or performance of e of some some act which
b. By popular election, or some act which act which ought to be
c. By appointment by competent might be ought not to performed
authority. (1999 BAR) lawfully done be done

NOTE: The term "public officers• embraces Crimes ofmisfeasance


every public servant from the highest to the
lowest rank. All public servants from the 1.Knowingly rendering unjust judgment (Art.
President down to the garbage collector, if 204, RPC);
employed and paid by the government, come 2. Rendering judgment through negligence
within this term. (Art. 205, RPC);
3. Rendering unjust interlocutory order (Art.
"PnhliCOfficec:: definedunderBA 3019 206, RPC) (2013 BAR); and
4. Malicious delay in the administration of
1. Elective and appointive officials and justice. (Art 207, RPC)
employees;
2. Permanent or temporary; Crimes of malfeasance
3. Whether in the classified or unclassified; or
4. Exemption service receiving compensation, 1. Direct bribery (Art. 210, RPC); and
even nominal, from the government. 2. lndirett bribery (Art 211, RPC)

Q: Javier was charged with malversation of Crime of nonfeasance


public funds. She was the private sector
representative in the National Book Dereliction of duty in the prosecution of offenses
Development Board (NBDB), which was (Art 208, RPC).
created b y Republic Act (RA) No. 8047,
otherwise known as the ''Book Publishing KNOWINGLY RENDERING UNJUST fUDGMENT
Industry Development Act." Is Javier, a ART. 204, RPC
private sector representative to the board, a
public officer?
Elements
A: YES. Notwithstanding that favier came from
1. Offender is a judge;
the private sector to sit as a member of the
2. He renders a judgment in a case submitted
NBDB, the law invested her with some portion of
to him for decision;
the sovereign functions of the government, so
3. Judgment is unjust; and
that the purpose of the government is achieved.
4. The judge knows that his judgment is unjust.
In this case, the government aimed to enhance
the book publishing industry as it has a
It is a fundamental rule that a judicial officer,
significant role in the national development.
when required to exercise his judgment or
Hence, the fact that she was appointed from the
discretion, is not criminally liable for any error
public sector and not from the other branches or
he commits provided that he acts in good faith

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and with no malice. (Mendoza v. Villaluz, A.M. No. Manjfestly unjust judgment
L-1797-CCC, August 27, 1981)
A judgment which cannot be explained with
ludement reasonable interpretation or is a clear,
incontrovertible, and notorious violation of a
It is the final consideration and determination of legal precept. It must be patently contrary to law
a court of competent jurisdiction upon the if rendered due to ignorance or inexcusable
matters submitted to it, in an action or negligence.
proceeding. It must be:
NOTE: Before a civil or criminal action against a
1. Written in the official language; judge for violations of Arts. 204 and 205 can be
2. Personally and directly prepared by the entertained, there must be a "final and
judge and signed by him; and authoritative judicial declaration· that the
3. Shall contain clearly and distint1:ly a decision or order in question is indeed unjust.
statement of the facts and the law upon The pronouncement may result from either: (a)
which it is based. an action for certiorari or prohibition in a higher
court impugning the validity of a judgment; or
llninst iudement (b) an administrative proceeding in the Supreme
Court against the judge precisely for
One which is contrary to law or is not supported promulgating an unjust judgment or order. (De
by the evidence or both. Vera v. Pelayo, G.R. Na. 137354,July 6, 2000)

Sources of an unjust judgment Abuse of discretion or mere error of


iudement
1. Error;
2. Ill-will or revenge; or Abuse of discretion or mere error of judgment is
3. Bribery. not punishable. A judge can only be held liable
for gross ignorance of the law if it can be shown
It must be shown by positive evidence that the that he committed an error so gross and patent
judgment was rendered by the judge with as to produce an inference of bad faith. In
conscious and deliberate intent to do an addition to this, the acts complained of must not
injustice. only be contrary to existing Jaw and
jurisprudence, but should also be motivated by
This crime cannot be committed by the bad faith, fraud, dishonesty, and corruption.
members/justices of the appellate courts. In (Monticalba v. Judge Maraya, Jr., A.M. No. RTJ-09-
collegiate courts like the CA and SC, not only one 2197, April 13, 2011)
magistrate renders or issues the judgment or
interlocutory order. Conclusions and resolutions UNJUST INTERLOCUTORY ORDER
thereof are handed down only after ART. 206, RPC
deliberations among the members, so that it
cannot be said that there is malice or Interlocntnrx Order
inexcusable negligence or ignorance in the
rendering of a judgment or order that is An order which is issued by the court between
supposedly unjust. the commencement and the end of a suit or
action, and which decides some point of matter,
JUDGMENT RENDERED THROUGH but which, however, is not a final decision of the
NEGLIGENCE matter in issue. (Reyes, 2017)
ART. 205, RPC
Elements
Elements
1. Offender is a judge; and
1. Offender is a judge; 2. He performs any of the following acts:
2. He renders a judgment in a case submitted a. Knowingly renders an unjust
to him for decision; interlocutory order or decree; or
3. Judgment is manifestly unjust; and b. Renders a manifestly unjust
4. It is due to his inexcusable negligence or interlocutory order or decree through
ignorance. inexcusable negligence or ignorance.

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CRIMINAL LAW

Test in determinine whether an order or criminaJ proceedings for felonies upon being
iudement is interloauorv or final informed of their perpetration.

If it leaves something to be done in the trial 2. Officer of the law - those who are duty­
court with respect to the merits of the case, it is bound to cause the prosecution and
interlocutory; if it does not, it is final. punishment of the offenders by reason of
the position held by them.
MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE Iiahilitx ofa ouhHc officer who havine the
ART. 207, RPC duty of prosecuting the offender. harbored.
concealed. or assisted in the escape of the
Elements !tlJ2II.
1. Offender is a judge; He is a pr;ndpal in the crime defined and
2. There is a proceeding in his court; penalized in Art. 208. Such public officer is not
3. He delays the administration of justice; and merely an accessory.
4. The delay is malicious, that is, the delay is
caused by the judge with deliberate intent to Q: If a police officer tolerates the commission
inflict damage on either party in the case. of a crime or otherwise refrains from
apprehending the offender, is be liable for
NOTE: If the delay is not malicious, but dereliction of duty?
committed through gross negligence, the crime
committed is that under R.A. 3019,Sec. 3 (e). A: NO. Such police officer does not have the duty
to prosecute or to move the prosecution of the
PROSECUTION OF OFFENSES; offender. It is the Chief of police which has the
NEGLIGENCE AND TOLERANCE duty to do so. He can however be prosecuted as
ART. 208, RPC follows:

Punishable acts (1991.1992. 2010 BAR) 1. An accessory to the crime committed by


the principal in accordance with Art. 19,
1. Maliciously refraining from instituting par. 3; or
prosecution against violators of law. 2. He may become a fence if the crime
2. Maliciously tolerating the commission of committed is robbery or theft, in which
offenses. case he violates the Anti·Fencing Law; or
3. He may be held liable for violating the Anti·
ElementsCl991 1992 2010 RABJ Graft and Corrupt Practices Act.

1. Offender is a public officer or officer of the NOTE: Officers, agents or employees of the
law who has a duty to cause the prosecution Bureau of Internal Revenue are not covered by
of, or to prosecute, offenses; this article as well.
2. There is dereliction of the duties of his
office, that is, knowing the commission of BETRAYAL OF TRUST BY AN ATTORNEY OR
the crime, he does not cause the prosecution SOLICITOR - REVELATION OF SECRET
of the criminal, or knowing that a crime is ART. 209, RPC
about to be committed, he tolerates its
commission; and r,miShahle acrs
NOTE: Dereliction of duty caused by poor 1. Cousing domage to his client, either:
judgment or honest mistake is not a. By any malicious breach of professional
punishable. duty;
3. Offender acts with malice and deliberate b. By inexcusable negligence or ignorance.
intent to favor the violator of the Jaw. 2. Revealing any of the secrets of his client
learned by him in his professional capacity.
Offenders under this article
NOTE: Damage is not necessary. The mere
1. Public officer - officers of the prosecution fatt that a secret has been revealed is
department. whose duty is to institute already punishable.

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191
FACULTY Of CIVIL LAW
BOOK II - CRIMES COMMITTED BY PUBLIC OFFICERS

3. Undertaking the defense of the opposing A distinction must be made between confidential
party in the same case, without the consent communications relating to past crimes already
ofhisfirst client, after having undertaken the committed, and future crimes intended to be
defense of said first client, or after having committed by the client. Statements and
received confidential information from said communications regarding the commission of a
client. crime already committed, made by a party who
committed it, to an attorney. consulted as such,
NOTE: If the client consents to it, there is no are privileged communications. Contrarily.
crime. The consent need not be in writing. communications between attorney and client
having to do with the client's contemplated
Illustration: The Code of Professional criminal acts, or in aid or furtherance thereof,
Responsibility mandates lawyers to serve are not covered by the cloak of privileges
their clients with competence and ordinarily existing in reference to
diligence. Rule 18.03 and Rule 18.04 communications between attorney and client.
state: Rule 18.03. A lawyer shall not neglect The existence of an unlawful purpose prevents
a legal matter entrusted to him, and his the privilege from attaching. (People v.
negligence in connection therewith shall Sandiganbayon, G.R. Nos. 115439-41, July 16,
render him liable; Rule 18.04. A lawyer shall 1997)
keep the client informed of the status of his
case and shall respond within a reasonable Procurador fudicial
time to the client's request for information.
A lawyer breached these duties when he A person who had some practical knowledge of
failed to reconstitute or turn over the law and procedure. but not a lawyer, and was
records of the case to his client. His permitted to represent a party in a case before
negligence manifests lack of competence an inferior court.
and diligence required of every lawyer. His
failure to comply with the request of his NOTE: There is no solicitor or procurador
client was a gross betrayal of his fiduciary judicial under the Rules of Court.
duty and a breach of the trust reposed upon
him by his client. His sentiment against his DIRECT BRIBERY
client is not a valid reason for him to renege ART. 210, RPC
on his obligation as a lawyer. The moment
he agreed to handle the case, he was bound Commission of Bribery
to give it his utmost attention, skill and
competence. Public interest requires that he Bribery is committed when a public officer
exert his best efforts and all his learning and receives a gift, present, offer or promise, by
ability in defense of his client's cause. Those reason or in connection with the performance of
who perform that duty with diligence and his official duties. Bribery requires the
candor not only safeguard the interests of concurrence of the will of the corruptor and the
the client, but also serve the ends of public officer. otherwise the crime is not
justice. They do honor to the bar and help consummated. (Boado, 2008)
maintain the community's respect for the
legal profession. (Gone v. Atty. Ga, AC. No. Bribery exists when:
7771, April 6, 2011) 1. The gift is offered voluntarily by a private
person; or
Buie with reeacd to cnmmuoirations made 2. The gift is solicited by a public officer.
with ocosnecrive clients
NOTE: Bribery refers to the att of the receiver.
Under the rules on evidence, communications The act of the giver is corruption of public
made with prospective clients to a lawyer with a official under Art. 212.
view to engaging his professional services are
already privileged even though client-lawyer Punishable acts {1990. 1993. 2001. 2005.
relationship did not eventually materialize 2009 RAB)
because the client cannot afford the fee being
asked by the lawyer. 1. Agreeing to perform or performing an oct
pertaining ta the duties of the office which
Rule as to privileged communications constitutes a crlme - If the act or omission
amounts to a crime. it is not necessary that

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the corruptor should deliver the In case there is only an offer of gift or promise to
consideration or the doing of the act Mere give something, the offer or the promise must be
promise is sufficient. The moment there is a accepted by the officer. Further, the gift or
meeting of the minds, even without the present must have value or be capable of
delivery of the consideration, even without pecuniary estimation. (Reyes, 2017)
the public officer performing the act
amounting to a crime, bribery is already Q: When does a n act relate to the official
committed on the part of the public officer. duties of the public officer?
Corruption is already committed on the part
of the supposed giver. A: Official duties include any action which is
authorized. The acts referred to in the law,
2. Accepting a gift in consideration of the which the offender agrees to perform or execute,
execution of an act whlch does not constitute must be related to or linked with the
a crlme - If the act or omission does not performance of his official duties. (Tad-y v.
amount to a crime, the consideration must People, G.R. No.148862, August 11, 2005)
be delivered by the corruptor before a
public officer can be prosecuted for bribery. But if the att agreed to be performed is so
Mere agreement is not enough to constitute foreign to the duties of the office as to Jack even
the crime because the act to be done in the the color of authority, there is no bribery.
first place is legitimate, or in the
performance of the official duties of the Q: Direct bribery is a crime involving moral
public official. turpitude. From which of the elements of
direct bribery can moral turpitude be
NOTE: The act executed must be unjust. inferred? (2011 BAR)
(Reyes, 2017)
A: Moral turpitude can be inferred from the
3. Abstaining from the performance of official third element: The offender takes a gift with a
dut;es. view of committing a crime in exchange.

Elements Cl990 1993 2001 2005 2009 The fact that the offender agrees to accept a
!WU promise or gift, and deliberately commits an
unjust act or refrains from performing an official
1. Offender is a public officer within the scope duty in exchange for some favors, denotes a
of Art. 203; malicious intent on the part of the offender to
2. Offender accepts an offer or promise or renege on the duties which he owes his
receives a gift or present by himself or fellowmen and society in general. Also, the fact
through another; that the offender takes advantage of his office
3. Such offer or promise be accepted, or gift or and position is a betrayal of the trust reposed on
present received by the public officer: him by the public. It is a conduct dearly contrary
to the accepted rules of right and duty, justice,
a. With a view of committing some crime; honesty and good morals. (Magno v. COMELEC,
or G.R. Na.147904, October 4, 2002)
b. In consideration of the execution of an
act which does not constitute a crime, Q: Suppose the public offidal accepted the
but the ac.t must be unjust; or consideration and !Urned it over to his
c. To refrain from doing something. which superior a s evidence of corruption, what is
is his official duty to do; and the crime committed?

4. That the act which the offender agrees to A: The offense is attempted corruption only and
perform or which he executes be connected not frustrated. The official did not agree to be
with the performance of his official duties. corrupted.
NOTE: There is no frustrated stage, for the NOTE: Under ArL 212, any person who shall
reason that if the corruption of the official is have made the offers or promises or given the
accomplished, the crime is consummated. gifts is liable for corruption of public officers.

The offer of eiftor nromise must he accented Iemoorarv nerfocmance of ouhHc funttion
by the public officer sufficient to constitute a person a public
.affiW:

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For the purpose of punishing bribery, the NOTE: The gift is given in anticipation of future
temporary performance of public functions is favor from the public officer. P.D. 46 (Making it
sufficient to constitute a person as a public punishable far public officials and employees to
officer. receive and for private persons to give, gifts on
any occaslon, including Chrlstmas) is committed
Q: Supposed a law enforcer extorts money in the same way. (2006 BAR)
from a person, employing intimidation and
threatening to arrest the latter if he will not Clear intention on the part of the public
come across w'ith money, what crime is officer to take the eiftoffered
committed?
There must be a clear intention on the part of
A: If the victim actually committed a crime and the public officer to take the gift offered and he
the policeman demanded money so he will not should consider the property as his own from
be arrested, the crime is bribery. But if no crime that moment. Mere physical receipt
has been committed and the policeman is falsely unaccompanied by any other sign, circumstance,
charging him of having committed one, or act to show such acceptance is not sufficient
threatening to arrest him if he will not come to convict the officer.
across with some consideration. the crime is
robbery. (Sandoval, 2010) Direct hribecx vis-A-vistodirea bribery

Direcrhriherv vis-A-vJs Prevadcacion DIRECT BRIBERY INDIRECT BRIBERY


DIRECT BRIBERY PREVARICACJON Public officer receives eift
The officer refrained No gift was promised There is agreement There is no agreement
from doing something or received in between the public between the public
which was his official considereation for officer and the officer and the
duty to do so in refraining to corruotor. corruotor.
consideration of a gift prosecute offenses. The public officer is The public officer is not
promised or received. called upon to necessarily called upon
perform or refrain to perform any official
from performing an act. It is enough that he
INDIRECT BRIBERY official act accepts the gifts offered
ART. 211, RPC to him by reason of his
office.
Indirect bribery
QUALIFIED BRIBERY
It is the crime of any public officer who shall ART. 211-A, RPC
accept gifts offered to him by reason of his office.
Elements (2006 BAR)
If the public officer does not accept the gift, this
crime is not committed but the offeror is guilty 1. Offender is a public officer entrusted with
of Corruption of Public Officials under Art. 212. law enforcement:
2. He refrains from arresting or prosecuting an
Elements (BAR 1997. 2005. 2009. 20101 offender who has committed a crime
punishable by reclusion perpetua and/or
1. Offender is a public officer; (BAR 2006) death; and
2. He accepts gifts; and 3. He refrains from arresting or prosecuting
3. Said gifts are offered to him by reason of his the offender in consideration of any
office. promise, gift or present.

There is no attempted or frustrated indirect NOTE: The crime involved in qualified bribery is
bribery because it is committed by accepting a heinous crime. The public officer need not
gifts offered to the public officer by reason of his receive a gift or present because a mere offer or
office. If he does not accept the gift, he does not promise is sufficient.
commit the crime. If he accepts the gifts, it is
consummated. (Reyes, 2017) CORRUPTION OF PUBLIC OFFICIALS
ART. 212, RPC

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ElementsCl993 2001 2009 RABJ of taxes, licenses, fees and other imposts
(illegal exaction); and
1. Offender makes offers, or promise, or gives
gifts or presents to a public officer; and 4. Collecting or receiving directly or indirectly,
2. The offers or promises are made, or the gifts by way of payment or otherwise, things or
or presents are given to a public officer objects of a nature different from that
under circumstances that will make the provided by law, in the collettion of taxes,
public officer liable for direct bribery or licenses, fees and other imposts (illegal
indirect bribery. exaction).

Crime committed when a public officer Elements offraud against public treasury
refusestnhe cornmred
1. Offender is a public officer;
The crime committed is attempted corruption of 2. He should have taken advantage of his
public official only. office, that is, he intervened in the
transaction in his official capacity;
Crime committed when a public official 3. He entered into an agreement with any
acn,allv accented a rnosidecation and interested party or speculator or made use
allowed himselfto he rnrrnnted of any other scheme with regard to:
a. Furnishing supplies; or
The corruptor becomes liable for consummated b. The making of contracts; or
corruption of public official. The public officer c. The adjustment or settlement of
also becomes equally liable for consummated accounts relating to public property or
bribery. funds; and
4. Accused had the intent to defraud the
FRAUDS AND ILLEGAL EXACTIONS Government.
AND TRANSACTIONS
NOTE: It is consummated by merely entering
FRAUDS AGAINST THE PUBLIC TREASURY into an agreement with any interested party or
AND SIMILAR OFFENSES speculator. It is not necessary that the
ART. 213, RPC Government is actually defrauded by reason of
the transaction as long as the public officer who
acted in his official capacity had the intent to
Punishable acrs defraud the Government.
1. Entering into an agreement with any
interested party or speculator, or making Essence of rhe crime of kand aeaiosr nnhHc
use of any other scheme, to defraud the treasury
Government, in dealing with any person or
with regard to furnishing supplies, the The essence of this crime is making the
making of contracts, or the adjustment or government pay for something not received or
settlement of accounts relating to public making it pay more than what is due.
property funds (fraud against public
treasury); Three ways ofrnmmittioe meeal exattioos
2. Demanding, directly or indirectly, the 1. Demanding, directly or indirectly, the
payment of sums different from or larger payment of sums different from or larger
than those authorized by law, in the than those authorized by law - Mere demand
collection of taxes, licenses, fees and other will consummate the crime, even if the
imposts (illegal exaction); taxpayer shall refuse to come across with
the amount being demanded.
NOTE: By mere demanding an amount
different, whether bigger or smaller, than NOTE: It is not necessary that payment
what should be paid, even if the debtor demanded be larger than the amount due
refuses, illegal exaction is committed. the government; it may be less than the
amount due to the government.
3. Failing voluntarily to issue a receipt as
provided by law, for any sum of money 2. Volutrarily failing to issue a receipt as
colletted by him officially, in the collection provided by law, for any sum of money

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collected by him officially - The act of 1. Offender is an appointive public officer;


receiving payment due to the government 2. He becomes interested, directly or
without issuing a receipt will give rise to indirec.tly, in any transaction of exchange or
illegal exaction even though a provisional speculation;
receipt has been issued. What the law 3. Transaction takes place within the territory
requires is a receipt in the form prescribed subjec.t to his jurisdiction; and
by law, which means an official receipt. 4. He becomes interested in the transaction
3. Collecting or receiving, directly or indirectly, during his incumbency.
by way of payment or otherwise, things or
objects of a nature different from that Actual fraud is not required for violation of Art.
provided by Jaw. (Boado, 2012) 215. The act being punished is the possibility
that fraud may be committed, or that the officer
Elements nfilleeal exattion may place his own interest above that of the
government.
1. The offender is a collecting officer;
2. He committed any of the following at-ts or The transaction must be one of exchange or
omissions: speculation, such as buying and selling stocks,
commodities, lands, etc., hoping to take
a Demanding, directly or indirectly, the advantage of an expected rise and fall in price.
payment of sums different from or larger (Reyes, 2017)
than those authorized by law;
b. Voluntarily failing to issue a receipt as NOTE: Purchasing stock or shares in a company
provided by law, for any sum of money is simply an investment, and is not a violation of
collected by him officially; or the article; but buying regularly securities for
c. Colletting or receiving, directly or resale is speculation. (Reyes, 2017)
indirectly, by way of payment or
otherwise, things or objects of a nature POSSESSION OF PROHIBITED INTEREST
different from that provided by law. BY A PUBLIC OFFICER
ART. 216, RPC
Essence of the crime of illegal exaction
Persons liable under thiSacticte
The essence of the crime is not the
misappropriation of any of the amounts but the 1. Public officer who, directly or indirectly,
improper making of the collettion which would became interested in any contract or
prejudice the accounting of collected amounts by business in which it was his official duty to
the government. intervene;

OTHER FRAUDS NOTE: Intervention must be by virtues of


ART. 214, RPC public office held.

Elements 2. Experts, arbitrators, and private


accountants who, in like manner. took part
1. Offender is a public officer; in any contract or transac.tion connected
2. He takes advantage of his official position; with the estate or property in the appraisal,
and distribution or adjudication of which they
3. He commits any of the frauds or deceits had acted; or
enumerated in Arts. 315-318. 3. Guardians and executors with respect to the
property belonging to their wards or the
Court of comoeteotiurisdittion estate.

The RTC has jurisdittion over the offense NOTE: The mere violation of the prohibition is
regardless of the amount or penalty involved, punished although no actual fraud occurs
because the principal penalty is disqualification. therefrom. The act is punished because of the
possibility that fraud may be, or that the officer
PROHIBITED TRANSACTIONS may place his own interest above that of the
ART. 215, RPC Government or of the party which he represents.
(U.S. v. Udarbe, C.R. No. 9945, November 12, 1914)
Elements

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AooHonion of this article tn aooointive 1. Malversation by appropriating,


officials misappropriating or permitting any other
person to take public funds or property (Art
Art. 216 includes not only appointive but also 217);
elective public officials, In fact, under the second 2. Failure of an accountable public officer to
paragraph of the said article, even private render accounts (Art 218);
individuals can be held liable. 3. Failure of a responsible public officer to
render accounts before leaving the country
Constih1tinnal orovisions nrohihitine (Art. 219);
interests 4. Illegal use of public funds or property (Art.
220); and
1. Section 14, Article VI · Members of Congress 5. Failure to make delivery of public funds or
cannot personally appear as counsel; cannot property. (Art 221)
be interested financially in any franchise or
special privilege granted by government; MALVERSATION BY APPROPRIATING,
cannot intervene in any matter before office MISAPPROPRIATING OR PERMITTING
of Government; ANY OTHER PERSON TO TAKE
PUBLIC FUNDS OR PROPERTY
2. Section 13, Article VII -The President, Vice­ ART. 217, RPC
President, the Members of the Cabinet and
their deputies or assistant shall not, unJess r,miShable aas CJ994 1999 2001 2005
otherwise provided in this Constitution, 2008 RAB)
hold any other office or employment during
their tenure. They shall not. during said 1. Appropriating public funds or property;
tenure, directly or indirectly, practice any 2. Taking or misappropriating the same;
other profession, participate in any 3. Consenting, or through abandonment or
business, or be financially interested in any negligence, permitting any other person to
contrac.t with, or in any franchise, or special take such public funds or property; and
privilege granted by the Government or any 4. Being otherwise guilty of the
subdivision, agency or instrumentality misappropriation or malversation of such
thereof, including government·owned or funds or property.
controlled corporations or their
subsidiaries. They shall strictly avoid NOTE: The nature of the duties of the public
conflict of interest in the conduct of their officer and not the name of the office controls.
office; and (People v. Reyes, SB Case No. 26892, August 15,
2006)
3. Section 2, Article IX-A · No member of a
Constitutional Commission shall, during his Common elements to all acts of malversation
tenure, hold any office or employment.
Neither shall he engage in the practice of 1. Offender is a public officer;
any profession or in the active management 2. He had the custody or control of funds or
or control of any business which in any way property by reason of the duties of his office;
may be affected by the functions of his 3. Those funds or property were public funds
office, nor shall he be financially interested, or property for which he was accountable;
directly or indirectly, in any contract with, and
or in any franchise or privilege granted by 4. He appropriated, took, misappropriated or
the government. or any of its subdivisions, consented, or through abandonment
agencies, or instrumentalities, including negligence, permitted another person to
government-owned or controlled take them.
corporations or their subsidiaries.
Actual misappropriation of funds is not
MALVERSATION OF PUBLIC neressacx
FUNDS OR PROPERTY
It is not necessary that the offender actually
Crimes called malvecsafinn ofouhlic fundsor misappropriated the funds, It is enough that he
nrnoertv has violated the trust reposed on him in
connection with the property.

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NOTE: Malversation is predicated on the satisfactorily. (Quiza v. Sandigonbayan, G.R. No.


relationship of the offender to the property or 77120, April 6, 1987)
the funds involved. His being remiss in the duty
of safekeeping public funds violates the trust Q: I s a written demand required to constitute
reposed by reason of the duties of his office. a primafacie presumption of malversation?

Acronarable ouhlic officer A: NO. The law does NOT require that a written
demand be formally made to constitute a prima
An accountable public officer, within the facie presumption of malversation. In U.S. v.
purview of Art. 217 of the RPC, is one who has Kalingo (G.R. Na.11504, February 2, 1917), it was
custody or control of public funds or property by held that the failure of the accused who had
reason of the duties of his office. The nature of custody of public funds to refund the shortage,
the duties of the public officer or employee, the upon demand by the duly authorized offices,
fact that as part of his duties he received public constitutes prima fade evidence of malversation,
money for which he is bound to account and notwithstanding the fact that such demand had
failed to account for it, is the factor which been merely made verbally.
determines whether or not malversation is
committed by the accused public officer or NOTE: Demand is not indispensable to
employee. (Torres v. People, G.R. No. 175074, constitute malversation. It merely raises a prima
August 31,2011) facie presumption that the missing funds have
been put to personal use. (Morang Water District
Q: When a public officer has no authority t o v. Office af the Deputy Ombudsman, G.R. Na.
receive the money for the Government, and 116754, March 17, 2000, citing Nizurtada v.
upon receipt of the same, he Sandiganbayan)
misappropriated it, can he b e held liable for
malversation? Rebuttal of the presumption

A: NO. If the public officer has no authority to The presumption could be overcome by
receive the money for the Government, the satisfactory evidence of loss or robbery
crime committed is estafa, not malversation (U.S. committed by a person other than the accused.
v. Solis, G.R. No. 2828, December 14, 1906), since (U.S. v. Kalinga, G.R. No.11504,February 2, 1917)
he cannot be considered an accountable officer
in that situation. Q: A revenue collection agent of BIR admitted
his cash shortage on his collections to get
Meaning of"'Appropriation"' even with the BIR which failed to promote
him. A spedal arrangement was made
It does not necessarily mean appropriation to between the BIR and the agent wherein the
one's personal advantage but rather, every BIR would withhold the salary of the latter
attempt by one person to dispose of the and apply the same to the shortage incurred
property of another without right. (Tabueno v. until full payment was made. Is the collection
Sondigonbayan, G.R. No. 103501·03 February 17, agent guilty of the crime of malversation of
1997) funds?

Prima fade ev'ideoce ofmalvecsatlon A: YES. An accountable public officer may be


convicted of malversation even if there is no
The failure of a public officer to have duly direct evidence of misappropriation and the only
forthcoming any public fund or property with evidence is that there is a shortage in his
which he is chargeable, upon demand by any accounts which he has not been able to
duly authorized officer, shall be prima facie satisfactorily explain.
evidence that he has put such missing funds or
property to personal uses. (Candoa v. People,G.R. In the present case, considering that the
Nos. 186659-710, October 19,2011) shortage was duly proven, retaliation against the
BIR for not promoting him does not constitute a
An accountable public officer may be convicted satisfactory or reasonable explanation of his
of malversation even if there is no direct failure to account for the missing amount. (Cua v.
evidence of misappropriation, and the only People,G.R. Na. 166847, November 16,2011)
evidence is that there is shortage in his accounts
which he has not been able to explain

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Crime of malvecsation ran he committed hv commission of the offense, it will not preclude
neeHeence the reception of evidence to prove the existence
of negligence because both are equally
Q: Mesina, a Local Treasurer Officer I of punishable under Art. 217 of the RPC. (Torres v.
Caloocan City, collected the City's collection People, C.R. No.175074, August 31, 2011)
for June 1998 from Baclit at the Mini City
Hall. Mesina acknowledged the receipt of the Q: When a municipal officer who, in good
said funds. On the same day, Baclit received faith, paid out public funds persons in
several phone calls, including a call from accordance with the resolution of the
Coleto saying that the Patubig Collection was municipal council but the payments were
not remitted. The other phone call was from turned out to be in violation of the law, is
Mesina saying that he did not receive the there criminal liability?
patubig collection.
A: NONE. When an accountable public officer, in
The following morning, Mayor Malonzo good faith, makes a wrong payment through
asked Mesina about the said funds and honest mistake as to the law or to the facts
Mesina denied receiving it. During concerning his duties, he is not liable for
investigation, Mesina's vault was opened for malversation. He is only civilly liable. (U.S. v.
cash count, thereafter Mesina admitted that Elvina, C.R. No. L-7280, February 13, 1913)
he collected the Patubig Collection but kept
the money in his vault. Is Mesina liable for Bemliced oroof io order to coovia an
malversation? accused of malvecsarion
A: YES. Mesina is liable for malversation. All that is necessary to prove is that the
Malversation is committed either intentionally defendant received in his possession public
or by negligence. All that is necessary for a funds, that he could not account for them and
conviction is sufficient proof that the accused did not have them in his possession and that he
accountable officer had received the public could not give a reasonable excuse for the
funds or property, and did not have them in his disappearance of the same. (De Guzman v.
possession when demand therefor was made People, C.R. No. L-54288, December 15, 1982)
without any satisfac.tory explanation of his
failure to have them upon demand. The return of the money malversed is merely a
mitigating circumstance. It cannot exempt the
In the case at bar, Mesina feigned ignorance of accused from criminal liability. (People v.
having received the patubig collection when he Velasquez, C.R.No. L-47741, April 28, 1941)
phoned Baclit to tell her that he did not receive
the collection. (Mesina v. People, C.R. No. 162489, tosraoce when the ouhHc officer cannot he
June 17, 2015) held liable fnr malvecsarioo
Oamaee ro the eovernment is not necessary When the accountable officer is obliged to go out
to constitute malversation of his office and borrow the sum alleged to be
the shortage and later the missing amount is
It is not necessary that there is damage to the found in some unaccustomed place in his office,
government; it is not an element of the offense. he is not liable for malversation. (U.S. v. Pascual,
The penalty for malversation is based on the C.R.No. 8860, December 4, 1913)
amount involved, not on the amount of the
damage caused to the Government. (Reyes, 2008) Commission of malvecsatlon hx a orixare
oerson
Deceitin malvecsation not necessarx
A private person may also commit malversation
Deceit need not be proved in malversation. under the following situations:
Malversation may be committed either through
a positive ac.t of misappropriation of public 1. A private person conspiring with an
funds or property, or passively through accountable public officer in committing
negligence. To sustain a charge of malversation, malversation (People v. Sendaydiego, C.R.No.
there must either be criminal intent or criminal L-33253-54, January 20, 1978);
negligence, and while the prevailing facts of a
case may not show that deceit attended the

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2. When he has become an accomplice or officer allows


accessory to a public officer who commits another to
malversation; misappropriate
3. When the private person is made the the same.
custodian in whatever capacity of public
funds or property, whether belonging to FAILURE OF ACCOUNTABLE OFFICER
national or locaJ government. and TO RENDER ACCOUNTS
misappropriates the same; or ART. 218, RPC
4. When he is constituted as the depositary or
administrator of funds or property seized or Elements
attached by public authority even though
said funds or property belong to a private 1. Offender is a public officer, whether in the
individual. service or separated therefrom;He must be
an accountable officer for public funds or
Q: A private property was attached or levied property;
by the sheriff, can it be a subject of the crime 2. He is required by law or regulation to
of malversation? render accounts to the Commission on
Audit, or to a provincial auditor; and
A: YES. Though the property belonged to a 3. He fails to do so for a period of two months
private person, the levy or attachment of the after such accounts should be rendered.
property impressed it with the character of
being part of the public property it being in NOTE: The article does not require that there be
cusUJdia legis. a demand that the public officer should render
an account. It is sufficient that there is a law or
Q: If falsification of documents was resorted regulation requiring him to render account.
to for the purpose of concealing (Reyes, 2008)
malversation, is a complex crime committed?
Q: Does the accused need to commit
A: NO. For complex crimes require that one misappropriation to be liable under this
crime is used to commit another. If the Article?
falsification is resorted to for the purpose of
hiding the malversation, the falsification and A: NO. It is not essential that there be
malversation shall be separate offenses. (People misappropriation. If there is misappropriation,
v. Sendaydiego, G.R. No. L-33253-54, January 20, he would also be liable for malversation under
1978) Art. 217. (Reyes, 2008)

Malvecsafionxis-ti-vis Esrafa (1999 RABl FAILURE OF A RESPONSIBLE PUBLIC OFFICER


TO RENDER ACCOUNTS BEFORE LEAVING
MALVERSATIO THE COUNTRY
BASIS ESTAFA
N ART. 219, RPC
Committed by Committed by a
an accountable private person Elements
Ast.o public officer. or even a public
persons officer who acts 1. Offender is a public officer;
liable in a private 2. He must be an accountable officer for public
capacity. funds or property; and
3. He must have unlawfully left (or be on point
Deals with Deals with of leaving) the Philippines without securing
As to
public funds or private from the Commission on Audit a certificate
property
property. property. showing that his accounts have been finally
involved
settled.
May be Commit-ted by
committed personal misap- Q: If the act of leaving the country i s
Astoits without propriation authorized b y law, can the public officer be
commis- personal only. convicted under this Article?
sion misappropriati
on, as when the
accountable

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CRIMINAL LAW
A: NO. The act of leaving the Philippines must meaning that the prohibited act is not inherently
not be authorized or permitted by law to be immoral but becomes a criminal offense because
liable under this Article. (Reyes, 2008) positive law forbids its commission based on
consideration of public policy, order, and
ILLEGAL USE OF PUBLIC FUNDS OR convenience. It is the commission of an act as
PROPERTY defined by the law, and not the character or
ART.220,RPC effect thereof, which determines whether or not
ElementsCl996RABJ the provision has been violated. Hence, malice or
criminal intent is completely irrelevant.(Ysldoro
1. Offender is a public officer; v. People, C.R. No. 192330, November 14, 2012)
2. There is public fund or property under his
administration; Q: X appropriated the salary differentials of
3. Such public fund or property has been secondary school teachers of the Sulu State
appropriated by law or ordinance; and College contrary to the authorization issued
4. He applies the same to a public use other by the DBM. Can X be held liable for technical
than that for which such fund or property malversation?
has been appropriated by law or ordinance.
A: NO. The third element is lacking. The
Illegal use of public funds or property is also authorization given by DBM is not an ordinance
known as technical malversation. or law contemplated in Art. 220. (Abdulla v.
People, C.R. No. 150129, April 6, 2005)
Iechnifal Malvecsatlnn
Q: Suppose the application made proved to
In technical malversation, the public officer be more beneficial to the public than the
applies public funds under his administration original purpose for which the amount or
not for his or another's personal use, but to a property i s appropriated, is there technical
public use other than that for which the fund malversation?
was appropriated by law or ordinance. Technical
malversation is, therefore, not included in nor A: YES. Damage is not an essential element of
does it necessarily include the crime of technical malversation.
malversation of public funds charged in the
information. Thus, if the acts constituting the Q: Suppose the funds bad been appropriated
crime of technical malversation were not alleged for a particular public purpose, but the same
in the information, the person accused cannot be was applied to private purpose, what is the
convicted of malversation. (Parungao v. crime committed?
Sandiganboyan, C.R. 9602S, May JS, 1991)
A: The crime committed is simple malversation
How Technical Malversation is committed only.

Instead of applying it to the public purpose for Technical malvecsarinn vis-A-vis


which the fund or property was already Malversation
appropriated by law, the public officer applied it
to another purpose. (BAR 2015) TECHNICAL
MALVERSATION
MALVERSATION
NOTE: In the absence of o low or ordinance
appropriating the public fund allegedly Offenders are accountable public officers in
technically malversed, the use thereof for both crimes.
another public purpose ,viii not make the Offender derives no Generally, the
accused guilty of violation of Art. 220 of the RPC. personal gain or offender derives
(Abdulla v. People, C.R. No.150129, April 6, 2005) benefit. personal benefit.
Public fund or Conversion is for the
Criminal intent is notan eJement nfterhnical property is diverted to personal interest of
malvecsafion another public use the offender or of
other than that another person.
The law punishes the act of diverting public provided for in the
property earmarked by law or ordinance for law.
particular public purpose to another public
purpose. The offense is mo/um prohibitum, FAILURE TO MAKE DELIVERY OF
PUBLIC FUNDS OR PROPERTY

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BOOK II - CRIMES COMMITTED BY PUBLIC OFFICERS

ART.221, RPC public authority. Conversion of effects in his


trust makes him liable for estofa.
Punishable acrs
Q: AA was designated custodian of the
1. Failing to make payment by a public officer distrained property of R R by the BIR. He
who is under obligation to make such assumed the specific undertakings which
payment from Government funds in his included the promise that he will preserve
possession; and the equipment. Subsequently, he reported to
2. Refusing to make delivery by a public officer the BIR that RR surreptitiously took the
who has been ordered by competent distrained property. Did AA become a public
authority to deliver any property in his officer by virtue of his designation as
custody or under his administration. custodian of distrained property by the BIR?

NOTE: The refusal to make delivery must be A: NO. To be a public officer, one must:
malicious. Where an official stenographer
retained some stenographic notes and failed to 1. Take part in the performance of public
turn over the same upon demand as he was still functions in the government, or in
going to transcribe the same, he was held not to performing in said government or in any of
have violated this article. (People v. jubila, 38 O.G. its branches public duties as an employee,
1796) agent or subordinate official, or any rank or
class; and
Elements 2. That his authority to take part in the
performance of public functions or to
1. That the public officer has government perform public duties must be by:
funds in his possession; a. Direc.t provision of the law, or
2. That he is under obligation to make b. Popular election, or
payments from such funds; and c. Appointment by competent authority.
3. That he fails to make payment maliciously. (Azarcon v. Sandiganboyan, G.R. No.
116033, February 26, 1997)
NOTE: The fine shall be graduated in such case
by the value of the thing: Provided, that it shall INFIDELITY OF PUBLIC OFFICERS
not be less than Pl0,000.
CONNIVING WITH OR CONSENTING TO
OFFICERS INCLUDED IN THE PRECEDING EVASION
PROVISIONS ART. 223, RPC
ART.222, RPC
Elements CRAB 1996 20091
Private individuals who maxhe liable under
Art 217-221 1. Offender is a public officer;
2. He has in his custody or charge a prisoner,
1. Private individual who in any capacity either detention prisoner or prisoner by
whatever, have charge of any national, final judgment;
provincial or municipal funds, revenue or 3. Such prisoner escaped from his custody;
property; 4. That he was in connivance with the prisoner
2. Administrator, depository of funds or in the latter's escape. (U.S. v. Bandino, G.R.
property attached, seized or deposited by No. L-9964, February 11, 1915)
public authority even if such property
belongs to a private individual; Classes of prisoners involved
3. Those who acted in conspiracy in
malversation; and 1. Fugitive sentenced by final judgment to any
4. Accomplice and accessories to malversation. penalty; and
2. Fugitive held only as detention prisoner for
NOTE: The word administrator used does not any crime or violation of law or municipal
include judicial administrator appointed to ordinance. (Reyes, 2017)
administer the estate of a deceased person
because he is not in charge of any property Q: Is there a need that the convict has
attached, impounded or placed in deposit by actually Oed for the public officer to b e liable
under this Article?

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CRIMINAL LAW
A: NO. There is real and actual evasion of service A: NO. Not every little mistake or distraction of a
of sentence when the custodian permits the guard leading to prisoner's taking advantage of a
prisoner to obtain relaxation of his dilapidated building is negligence. He can,
imprisonment and to escape the punishment of however, be held administratively liable.
being deprived of his liberty, thus making the
penalty ineffectual, although the convict may not Iiahilitx nfrhe esranine orisnner
have fled (U.S. v. Bandino, ibid.). (1997 BAR)
1. If the fugitive is serving his sentence by
Q. Does releasing a prisoner for failure to reason of final judgment - he is liable for
comply within the time provided b y Art. 125 evasion of the service of sentence under
exculpate liability under this Article? Art157;
2. If thefugitive is on/yo detention prisoner - he
A. YES. Where the chief of police released the does not incur any criminal liability.
detention prisoners because he could not file a
complaint against them within the time fixed by ESCAPE OF PRISONER UNDER THE CUSTODY
Art. 125 due to the absence of the justice of the OF A PERSON NOT A PUBLIC OFFICER
peace, he is not guilty of infidelity in the custody ART. 225, RPC
of prisoners. (People v. Lonconan, G.R. No. L-
6805, June 30, 1954) Elements
EVASION THROUGH NEGLIGENCE 1. Offender is a private person;
ART.224, RPC 2. Conveyance or custody of prisoner or
person under arrest is confided to him;
Elements 3. Prisoner or person under arrest escapes;
and
1. Offender is a public officer; 4. Offender consents to the escape of the
2. He is charged with the conveyance or prisoner or person under arrest or that the
custody of a prisoner. either detention escape takes place through his negligence.
prisoner or prisoner by final judgment; and
3. Such prisoner escapes through his NOTE: This article is not applicable if a private
negligence. person was the one who made the arrest and he
consented to the escape of the person he
The fact that the public officer recaptured the arrested. (Reyes, 2008)
prisoner who escaped from his custody does not
afford complete exculpation. Infidelity committed by private person

Gcavamen Under Art. 225, infidelity can also be committed


by a private person to whom the prisoner was
It is the positive carelessness that is short of entrusted and he connived with the prisoner
deliberate non-performance of his duties as (Art 223, RPC) or through his negligence (Art.
guard. (People v. Reyes et a/., 36 O.G. 316) 224, RPC) the prisoner was allowed to escape.

Q: Is an order to the prisoner to keep close t o If the escape was with consideration, bribery is
the police officer while the latter was also deemed committed because he was
answering the telephone call suffident performing a public function, hence is, at that
precaution? instance, deemed to be a public officer. (Boado,
2008)
A: NO. The adequate precaution which should
have been taken up by him was to lock up the REMOVAL, CONCEALMENT OR
prisoner before answering the telephone call. DESTRUCTION OF DOCUMENT
(Remoco/ v. People, G.R. No. 47521, April 8, 1941) ART. 226, RPC

Q: A policeman permitted a prisoner to This crime is also called infidelity in the custody
answer a call of nature in a hidden shed of documents.
outside the building. The policeman
remained near the prisoner by the door. The Elements (2005 201SRABJ
prisoner escaped through the back of the
bath. Is the policeman liable under Art 224? 1. The offender is a public officer;

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FACULTY Of CIVIL LAW
BOOK II - CRIMES COMMITTED BY PUBLIC OFFICERS

2. He abstrac.ts, destroys, or conceals marked as exhibits were spent by the


documents or papers; custodian, what is the crime committed?
3. Said documents or papers should have been
entrusted to such public officer by reason of A: The crime committed is infidelity in the
his office; and custody of documents because the money
4. Damage_. whether serious or not. to a third adduced as exhibits partake the nature of a
party or to the public interest should have document and not as money.
been caused.
Q: Is there a need for criminal intent to be
The document must be complete and one by held liable under this Article?
which a right can be established or an obligation
could be extinguished. A: To warrant a finding of guilt for the crime of
infidelity in the custody of documents, the act of
·nocnmenr removal, as a mode of committing the offense,
should be coupled with criminal intent or illicit
Any written statement by which a right is purpose. (Manzanaris v. People, G.R. No. 19676,
established or an obligation extinguished. February 7, 1923)

NOTE: Books, pamphlets or periodicals sent However, if the act is committed by destroying or
through the mail for commercial purposes are concealing documents, proof of illicit purpose is
not considered as documents for the purpose of not required. The reason is that while in
this article. (People v. Agnis, G.R. No. L-19676, removal, the accused may have a lawful or
February 7, 1923) commendable motive, in destroying or
concealing, the offender could not have a good
Damaee contemnlared 1mdec this AclicJe motive. (Reyes, 2008)

The damage in this article may consist in mere When removal is considered ro he for an
alarm to the public to the alienation of its illifit QJICQOSe
confidence in any branch of the government
service. (Kotaniag v. People, G.R. No. L-48398, Removal is for an illicit purpose when the
November 28, 1942) intention of the offender is to:

Persons liable under this Article 1. Tamper with it;


2. Profit by it; or
Only public officers who have been officially 3. Commit an act constituting a breach of trust
entrusted with the documents or papers may be in the official care thereof.
held liable under Art. 226.
Consummation of this crime
Commission of the crime of infidelitv of
documents The crime of removal of public document in
breach of official trust is consummated upon its
1. Removal - presupposes appropriation of the removal or secreting away from its usual place
official documents. It does not require that in the office and after the offender had gone out
the record be brought out of the premises and locked the door, it being immaterial whether
where it is kept_ It is enough that the record he has or has not actually accomplished the illicit
be removed from the place where it should purpose for which he removed said document.
be transferred. (Kataniag v. People, G.R. No. L-48398, November
2. Destruction - is equivalent to rendering 28, 1942)
useless or the obliteration of said
documents; the complete destruction Q: If the postmaster fails to deliver the mail
thereof is not necessary. and instead retained them, can he be held
3. Concealment - means that the documents liable under this Article?
are not fonvarded to their destination and it
is not necessary that they are secreted away A: YES, The simple act of retaining the mail
in a place where they could not be found. without fonvarding the letters to their
destination, even though without opening them
Q: Suppose, in the case for bribery or or taking the moneys they contained, already
corruption, the monetary consideration constitutes infidelity on the part of the post

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CRIMINAL LAW
office official. (U.S. V. Pena, G.R. No. L-4451, reason of his office. (People v. Lineses, CA. 40
December 29, 1908) O.G., Supp.14, 4773)

OFFICER BREAKING SEAL Art. 228 does not require that there be damage
ART. 227, RPC or intent to cause damage. (Reyes, 2008)
Elements
REVELATION OF SECRETS BY AN OFFICER
1. Offender is a public officer; ART. 229, RPC
2. He is charged with the custody of papers or
property; Punishable acts
3. These papers or property are sealed by
proper authority; and 1. Revealing any secrets known to the
4. He breaks the seals or permits them to be offending public officer by reason of his
broken. official capacity.

It is the breaking of the seals and not the Elements:


opening of a closed envelope which is punished. a. Offender is a public officer;
(Reyes, 2008) b. He knows of a secret by reason of his
official capacity;
It is sufficient that the seal is broken, even if the c. He reveals such secret without
contents are not tampered with. This article authority or justifiable reasons; and
does not require that there be damage caused or d. Damage, great or small, is caused to the
that there be intent to cause damage. (Reyes, public interest.
2008)
NOTE: If secret revealed does not affect public
The mere breaking of the seal or the mere interest. the revelation would constitute no
opening of the document would already bring crime at all. (Albert as cited in Reyes, 2017)
about infidelity even though no damage has
been suffered by anyone or by the public at ·secrets"
large.
The "secrets" referred to in this article are those
Rationale COc oem1Hzine the aa of hreakine which have an official or public character, the
the seal revelation of which may prejudice public
interest. They refer to secrets relative to the
The act is being punished because the public administration of the government and not to
officer, in breaking the seal or opening the secrets of private individuals.
envelope, violates the confidence or trust
reposed on him. 2. Wrongfully delivering papers or copies of
papers of which he may have charge and
NOTE: The public officer liable under this article which should not be published.
must be one who breaks seals without authority
to do so. (Reyes, 2008) Elements:
a. Offender is a public officer;
OPENING OF CLOSED DOCUMENTS b. He has charge of papers;
ART. 228, RPC c. Those papers should not be
published;He delivers those papers or
Elements copies thereof to a third person;
d. The delivery is wrongful; and
1. Offender is a public officer; e. Damage is caused to public interest.
2. Any closed papers, documents or objects are
entrusted to his custody; This article punishes minor official betrayals,
3. He opens or permits to be opened said infidelities of little consequences affecting
closed papers, documents or objects; and usually the administration of justice, executive
4. He does not have proper authority. or official duties or the general interest of the
public order. If the public officer is merely
Under Art. 228, the closed documents must be entrusted with the papers but not with the
entrusted to the custody of the accused by custody of the papers, he is not liable under this
provision. Furthermore, military secrets or those

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BOOK II - CRIMES COMMITTED BY PUBLIC OFFICERS

affecting national interest are covered by the OTHER OFFENSES OR IRREGULARITIES BY


crime of espionage and not by the crime of PUBLIC OFFICERS
revelation of secrets. When the offender is an attorney-at-law and he
reveals the secrets of his client learned by him in
Revelation of Secrets by an Officer v. his professional capacity, he is not liable under
lnfidelitv in the Custody of Poa,ment/Paners this article, but under Art. 209.
bx cemnvioethe same
OPEN DISOBEDIENCE
INFIDELITY IN THE ART. 231, RPC
CUSTODY OF
REVELATION OF
DOCUMENTS/ Elements
SECRETS BY AN
PAPERS BY
OFFICER
REMOVING THE 1. Offender is a judicial or executive officer;
SAME 2. There is judgment, decision or order of a
The papers contain The papers do not superior authority;
secrets and therefore contain secrets but 3. Such judgment, decision or order was made
should not be their removal is for an within the scope of the jurisdiction of the
published and the illicit purpose. superior authority and issued with all the
public officer having legal formalities; and
charge thereof 4. Offender without any legal justification
removes and delivers openly refuses to execute the said judgment,
them wrongfully to a decision or order, which he is duty bound to
third person. obey.

NOTE: The refusal must be clear, manifest


PUBLIC OFFICER REVEALING SECRETS and decisive or a repeated and obstinate
OF PRIVATE INDIVIDUAL disobedience in the fulfillment of an order.
ART. 230, RPC
Hownoendisohedienreisc.nmmitted
Elements
Open disobedience is committed when judicial
1. Offender is a public officer; or executive officer shall openly refuse to
2. He knows of the secrets of private individual execute the judgment, decision, or order of any
by reason of his office; and superior authority. (Reyes, 2008)
3. He reveals such secrets without authority or
justifiable reason. DISOBEDIENCE TO ORDER OF SUPERIOR
OFFICER, WHEN SAID ORDER WAS
NOTE: The revelation will not amount to a SUSPENDED BY INFERIOR OFFICER
crime under this article if the secrets are ART. 232, RPC
contrary to public interest or to the
administration of justice. Revelation to any Elements
one person is necessary and sufficient;
public revelation is not required. (Reyes, 1. Offender is a public officer;
2008) 2. An order is issued by his superior for
execution;
Damage to private individuals is not
necessary. (Reyes, 2012) NOTE: The order of the superior must be
legal or issued within his authority,
When the offender is an attorney-at-law and he otherwise, this article does not apply. If the
reveals the secrets of his client learned by him in order of the superior is illegal, the
his professional capacity, he is not liable under subordinate has a legal right to refuse to
this article, but under Art. 209. execute such order, for under the law,
obedience to an order which is illegal is not
The reason for this provision is to uphold faith justified and the subordinate who obeys
and trust in public service. (Reyes, 2017) such order can be held criminally liable
under Art. 11, par. 6.

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3. He has for any reason suspended the
execution of such order; 1. Offender is elected by popular election to a
4. His superior disapproves the suspension of public office;
the execution of the order; and 2. He refuses to be sworn in or to discharge the
5. Offender disobeys his superior despite the duties of said office; and
disapproval of the suspension. 3. There is no legal motive for such refusal to
be sworn in or to discharge the duties of
The disobedience must be open and repeated. said office.
What is punished by the law is insubordination
of the act or defying the authority which is NOTE: Discharge of duties becomes a matter of
detrimental to public interest. duty and not a right.

The law has taken into account that a superior The refusal must be without legal motive. (Reyes,
officer may sometimes err, and that orders 2017)
issued by him may proceed from a mistaken
judgment. MALTREATMENT OF PRISONERS
ART.235,RPC
For this reason, it entitles a subordinate to
suspend in such cases the order issued, to Elements
submit his reason to his superior in order that
the latter may give them proper wight, if they 1. Offender is a public officer or employee;
are entitled to say. (Reyes, 2017) 2. He has under his charge a prisoner or
detention prisoner; and
REFUSAL OF ASSISTANCE 3. He maltreats such prisoner either of the
ART. 233,RPC following manners:
a. By overdoing himself in the correction
Elements or handling of a prisoner or detention
prisoner under his charge either:
1. Offender is a public officer; i. By the imposition of punishments
2. Competent authority demands from the not authorized by the regulations;
offender that he lends his cooperation or
towards the administration of justice or ii. By inflicting such punishments
other public service; and (those authorized) in a cruel or
3. Offender fails to do so maliciously. humiliating manner.

Any refusal by a public officer to render b. By maltreating such prisoner to extort a


assistance when demanded by competent public confession or to obtain some
authority, as long as the assistance requested information from the prisoner. (1999
from him is within his duty to render and that BAR)
assistance is needed for public service,
constitutes refusal of assistance. The maltreatment should not be due to
personal grudge, otherwise, offender is
Investigators and medico-legal officers who liable for physical injuries only.
refuse to appear to testify in court after having
been subpoenaed may also be held liable under Illustration: Hitting a prisoner by a /otigo,
this article. even if the purpose is to instill discipline, is
not authorized by law and constitutes
Q: Is damage to the public interest or to third violation of this article. On the other hand,
parties necessary to consummate the crime? requiring prisoners to dig a canal where
culverts shall be placed to prevent flooding
A: YES. There must be damage to the public in the prison compound is authorized by law
interest or to a third party. If the damage is and does not violate this article; but if the
serious, the penalty is higher. (Reyes, 2012) public officer would order the prisoner to do
so from morning up to late evening without
REFUSAL TO DISCHARGE ELECTIVE OFFICE any food, then this article is involved, as he
ART. 234,RPC inflitted such authorized punishment in a
cruel and humiliating manner.
Elements

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Rule when a person is maltreated by a public 3. He assumes the performance of the duties
officer who has actual charge of prisoners and powers of such office; and
4. He has not taken his oath of office and/or
Two crimes are committed, namely given the bond required by law.
ma/treatment under Art. 235 and physical
injuries. Maltre,atment and physical injuries may PROLONGING PERFORMANCE OF
not be complexed because the law specified that DUTIES AND POWERS
the penalty for maltreatment shall be in addition ART. 237, RPC
to his liability for the physical injuries or damage
caused. Elements
Maltreatment refers not only to physical 1. That the offender is holding a public office;
maltreatment but also moral, psychological, and 2. That the period allowed by law for him to
other kinds of maltreatment because of the exercise such function and duties has
phrase "physical injuries or damage caused" and already expired; and
·cruel or humiliating manner.• (Boado, 2008) 3. That the offender continues to exercise such
function and duties.
Buie in cases wherein the oecson malrceared
is notaconvia oradereotion orisoner
The officers contemplated by this article are
The crime committed would either be: those who have been suspended, separated,
declared overaged, or dismissed.
1. Coercion - If the person not yet confined in
jail is maltreated to extort a confession, or ABANDONMENT OF OFFICE OR POSITION
2. Physical injuries - If the person maltreated ART. 238, RPC
has already been arrested but is not yet
booked in the office of the police and put in Elements
jail.
1. That the offender is holding a public office;
Illustration: If a Barongay Captain maltreats 2. That he formally resigns from his office;
a person alter the latter's arrest but before
confinement. the offense is not The final or conclusive act of a resignation's
maltreatment but physical injuries. The acceptance is the notice of acceptance.
victim must actually be confined either as a (Light Rail Transit Authoriry v. Sa/vailo, C.R.
convict or a detention prisoner. (People v. No. 192074, June 10, 2014, as penned by J.
Baring, 37 O.G. 1366) Leonen)

NOTE: Sec. 25 of R.A. 9372 (Human Security Act 3. That his resignation has not yet been
of 2007) punishes any person who use threat. accepted; and
intimidation, or coercion, or who inflict physical 4. That he abandons his office to the detriment
pain or torment, or mental, moral, or of the public service.
psychological pressure, which shall vitiate the
free-will of a charged or suspected person under Cica,msrancesoualifvine the offense
investigation and interrogation for the crime of
terrorism or the crime of conspiracy to commit The offense is qualified when the real motive of
terrorism. resignation is to evade the discharge of duties of
preventing, prosecuting or punishing any crime
ANTICIPATION OF DUTIES OF A Title One, and Chapter One of Title Three of
PUBLIC OFFICE Book Two of the RPC.
ART. 236, RPC
Title One, and Chapter One of Title Three of
Elements Book Two of the RPC refer to the crimes of:

1. That the offender is entitled to hold a public 1. Treason;


office or employment either by election or 2. Conspiracy and proposal to commit
appointment; treason;
2. The law requires that he should first be 3. Misprision of treason;
sworn in and/or should first give a bond; 4. Espionage;

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CRIMINAL LAW
5. Inciting to war or giving motives for b. Obstructs executive authorities from the
reprisal; lawful performance of their functions.
6. Violation of neutrality;
Correspondence with hostile country; USURPATION OF JUDICIAL FUNCTIONS
7. Flight to enemy country; ART. 241, RPC
8. Piracy and mutiny;
9. Rebellion; Elements
10. Coup d'etat;
11. Conspiracy and proposal to commit coup 1. That the offender is holding an office under
d'etat; the Executive Branch of the Government;
12. Disloyalty of public officers; and
13. Inciting to rebellion; 2. That he:
14. Sedition; a. Assumes the power exclusively vested
15. Conspiracy to commit sedition; and in the Judiciary; or
16. Inciting to sedition. b. Obstructs the execution of any order or
decision given by a judge within his
Abandonment of office vis-�-vis Dereliction jurisdiction.
of duty under Art. 208
Penaltv
ABANDONMENT
DERELICTION OF DUTY
OF OFFICE Arresto mayor in its medium period to
Committed by any Committed only by public in its minimum period.
public officer. officers who have the
duty to institute Arts. 239-241 punish the usurpation of powers
prosecution of the of the three branches of the Government in
punishment of violations order to uphold the separation and
of law. independence of the three equal branches.
The public officer The public officer does
abandons his not abandon his office DISOBEYING REQUEST OF
office to evade the but he fails to prosecute DISQUALIFICATION
discharge of his an offense by derelittion ART. 242, RPC
duty. of duty or by malicious
tolerance of the Elements
commission of offenses.
1. That the offender is a public officer;
2. That a proceeding is pending before such
USURPATION OF LEGISLATIVE POWERS
public officer;
ART. 239, RPC
3. There is a question brought before the
proper authority regarding his jurisdiction,
Elements which is yet to be decided;
4. He has been lawfully required to refrain
1. That the offender is an executive or judicial
from continuing the proceeding; and
officer; and
5. He continues the proceeding.
2. That he:
a. Makes general rules and regulations
NOTE: The offender is still liable even if the
beyond the scope of his authority;
question of jurisdiction has been resolved in his
b. Attempts to repeal a law; or
favor later on.
c. Suspends the execution thereof.
ORDERS OR REQUESTS BY EXECUTIVE
USURPATION OF EXECUTIVE FUNCTIONS
OFFICERS TO ANY JUDICIAL AUTHORITY
ART. 240, RPC
ART. 243, RPC
Elements
Elements
1. That the offender is a judge; and
1. That the offender is an executive officer;
2. That the offender:
2. That the offender addresses any order or
a. Assumes the power exclusively vested
suggestion to any judicial authority; and
to executive authorities of the
Government; or

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3. That the order or suggestion relates to any prosecuted under the Sec. 28 of R.A. 3019. (Anti­
case or business within the exclusive Graft and Corrupt Practices Act)
jurisdiction of the courts of justice.
Essence ofrbe crime abuses aeaiost chastity
The purpose of this article is to maintain the
independence of the judiciary. The essence of the crime is the mere making of
immoral or indecent solicitation or advances.
UNLAWFUL APPOINTMENTS
ART. 244, RPC wavs ofcommittioe abuses aeaiost rhastirx

Elements 1. Soliciting or making immoral or indecent


advances to a woman interested in matters
1. Offender is a public officer; pending before the offending officer for
2. He nominates or appoints a person to a decision, or with respect to which he is
public office; required to submit a report to or consult
with a superior officer;
NOTE: "Nominate" is different from 2. Soliciting or making immoral or indecent
"recommend." While nomination constitutes advances to a woman under the offender's
a crime, mere recommendation does not. custody;
3. Soliciting or making indecent advances to
3. Such person lacks the legal qualification the wife, daughter, sister or relative within
thereof; and the same degree by affinity of any person in
4. Offender knows that his nominee or the custody of the offending warden or
appointee lacks the qualifications at the time officer.
he made the nomination or appointment.
NOTE: The crime can be committed by mere
NOTE: There must be a law providing for the proposal, and it is not necessary for the woman
qualifications of a person to be nominated or solicited to yield to the proposal of the offender.
appointed to a public office. (Reyes, 2017) Proof of solicitation is not necessary when there
is sexual intercourse.
ABUSES AGAINST CHASTITY
ART. 24 5, RPC

Elements
1. That the offender is a public officer;
2. That he solicits or makes any indecent or
immoral advances to a woman; and
3. That the offended party is a woman who is:

a. Interested in matters pending before


the public officer for his decision or
where the public officer is required to
submit a report or to consult with a
superior officer;
b. Under the custody of the offender, who
is a warden or other public officer
directly charged with the care and
custody of prisoners or persons under
arrest; or
c. The wife, daughter. sister or any relative
falling within the same degree by
affinity of the person under the custody
and charge of the offender.

The mother of a person under the custody of any


public officer is not included as a possible
offended party but the offender may be

II UNIVERSITY OF SANTO TOMAS 210


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BOOK II - CRIMES AGAINST PERSONS

CRIMES AGAINST PERSONS between the accused-appellant and the victim.


With respect to the killing by the accused of his
PARRICIDE wife, their daughter foanne clearly testified that
ART. 246, RPC she suddenly saw her father hit the head of her
mother with a small mallet. foanne's
Elements Cl994 1997 1999 2003 2015 straightforward and candid narration of the
!WU incident is regarded as positive and credible
evidence, sufficient to convict the accused.
1. That a person is killed;
2. That the deceased is killed by the accused; Well settled is the rule that it is unnatural for a
and relative, in this case the accused's own child,
3. That the deceased is the: who is interested in vindicating the crime, to
a. Legitimate/Illegitimate father; accuse somebody else other than the real culprit.
b. Legitimate/Illegitimate mother; For her to do so is to let the guilty go free. Where
c. Legitimate/Illegitimate child; there is nothing to indicate that witnesses were
d. Other legitimate ascendant; actuated by improper motives on the witness
e. Other legitimate descendant; or stand, their positive declarations made under
f. Legitimate spouse. solemn oath deserve full faith and credence.
(People v. Bruso/a, C.R. No. 210615,july 26, 2017.
The relationship, except the spouse, must be in os penned by}. Leonen)
the direct line and not in the collateral line.
Proof that must he esrablisbed to constitute
Essential element ofoarricide parricide of a spouse

The relationship of the offender with the victim There must be a valid subsisting marriage at the
must be: time of the killing, and such fatt should be
alleged in the Information.
1. Legitimate, except in the case of parent and
child; Q: Elias killed Susana. He was charged with
2. In the direct line; and parricide. During the trial, no marriage
3. By blood, except in the case of a legitimate contract was presented. Is the non­
spouse. presentation of the marriage contract fatal to
the prosecution of the accused for parricide?
This must be alleged and proved. If not alleged, it
can only be considered as an ordinary A: NO. There is a presumption that persons
aggravating circumstance. living together as husband and wife are married
to each other. The mere fact that no record of the
Q: While Joanne was eating, she noticed that marriage exists in the registry of marriage does
her father, Abenir, seemed restless while he not invalidate said marriage, as long as in the
was preparing for work. Meanwhile, Jessica, celebration thereof and all the requisites for its
Abegail, and Delia were watching television, validity are present. (People v. Borromeo, 133
with Delia seated on the floor near the toilet. SCRA 106, October 31, 1984)

Suddenly, Joanne saw Abenir hit Delia on the The maxim semper praesumitur matr;monio and
head with a maso. A second blow hit the the presumption "that a man and woman
cement wall. Joanne yelled and tried to pacify deporting themselves as husband and wife have
Abenir, asking why he did it. Abenir told her entered into a lawful contract of marriage"
that she caught Delia with a man in their applies pursuant to Sec. 3[aa], Rule 131, Rules of
bathroom. Court. (People v. Majuri, 96SCRA 472, 1980)

However, Joanne saw no one. Della was Q: If a person killed another not knowing
rushed to the hospital but she passed away that the latter was his son, will he be guilty of
shortly after. Is Abenir liable for the crime of parricide? (1996 BAR)
Parricide?
A: YES. The law does not require knowledge of
A: YES. All the elements of the crime of parricide relationship between them.
were sufficiently proved by the prosecution.
There was no dispute as to the relationship

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Q: If a person wanted to kill another but by Parricide vis-a-vis Infanticide


mistake killed his own father will he be guilty
of parricide? What is the penalty imposable? BASIS PARRICIDE INFANTICIDE
A: YES. The law does not require knowledge of Its basis is The basis is
relationship between them, but Art. 49 will the the age of the
apply with regard the proper penalty to be relationship child-victim.
imposed, which is the penalty for the lesser As to basis between the
offense in its maximum period. offender and
the victim.
Cciminal liahilirv of straneec consoirioe in
rhe commission ofthe crime of oarricide It can be Infanticide
committed may be
The stranger is liable for homicide or murder, as only by the committed by
the case may be, because of the absence of Asto relatives any person
relationship. The rule on conspiracy that the act commission enumerated. whether
of one is the act of all does not apply here relative or not
because of the personal relationship of the of the victim.
offender to the offended party. It is immaterial
that he knew of the relationship of the accused Conspiracy Conspiracy is
and the deceased. cannot be applicable
applied because the
Q: Suppose X killed his brother. What is the because the circumstance
crime committed? relationship of age
of the pertains to the
A: Murder, because brothers are not part of offender and victim; only
those enumerated under Art. 246. Their relation the victim is one
is in the collateral line and not as ascendants or an essential information
descendants of each other. Asto element. A shall be
application separate prepared for
Q: Suppose a husband, who wanted to kill his of information all the
sick wife, hired a killer. The hired killer shot conspiracy must be filed conspirators.
the wife. What are the crimes committed? for the
parricide and
A: The husband is liable for parricide as the murder
principal by inducement. The hired killer is or homicide
liable for murder. The personal relationship of on the part of
the husband to wife cannot be transferred to a the non-
stranger. relative
conspirator.
Q: Suppose A, an adopted child of B, killed the
latter's parents. Will A be liable for
parricide? Cases of narricide not nnoisbahle hv
cectuSionaeraeruarodeath
A: NO. An adopted child is considered as a
legitimate child BUT since the relationship is 1. Parricide through negligence (Art 365);
exclusive between the adopter and the adopted, 2. Parricide by mistake (Art. 249); and
killing the parents of the adopter is not 3. Parricide under exceptional circumstance.
considered as parricide of other legitimate (Art 247)
ascendants.
DEATH OR PHYSICAL INJURIES INFLICTED
Aee nfthe cbild UNDER EXCEPTIONAL CIRCUMSTANCES
ART. 247, RPC
The child killed by his parent must be at least BAR 2001, 2005, 2015)
three days old. If the child is less than three days
old, the crime is infanticide, which is punishable BeoniSites
under Art. 255.
1. A legally married person or a parent

II . 2021
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surprises his spouse or daughter, the latter The act done must be a direct result of the
under 18 years of age and living with him, in outrage of the cuckolded spouse. (Reyes,
the act of committing sexual intercourse; 2012) (1991BAR)
2. He or she kills any or both of them or inflicts
upon any or both of them any serious It is not necessary that the spouse actually
physical injury in the act or immediately saw rhe sexual iorerconcse
thereafter; and
3. He has not promoted or facilitated the It is not necessary that the spouse actually saw
prostitution of his wife or daughter, or that the sexual intercourse. It is enough that he/she
he or she has not consented to the infidelity surprised them under such circumstances that
of the other spouse. no other reasonable conclusion can be inferred
but that a carnal att was being performed or has
There is no criminal liability when less serious just been committed.
or slight physical injuries are inflicted. The
presence of the requisites enumerated above is Illustration: A bar examinee, who killed the
an absolutory cause. paramour of his wife in a mahjong session, an
hour after he had surprised them in the act of
Art. 247 does not define any crime; thus, it sexuaJ intercourse in his house, since at that
cannot be alleged in an Information. Murder, time, he had to run away and get a gun as the
homicide or parricide needs to be filed first, with paramour was armed, was granted the benefits
Art. 24 7 being raised as a defense. of this article. (People v. Abarca, C.R. No. 74433,
September 14, 1987)
Q: Pedro, a policeman, had slight fever and
decided to go home early. However, he was Q: The accused was shocked to discover his
shocked and enraged when, after opening the wife and their driver sleeping in the master's
door of his bedroom, he saw his brother, bedroom. Outraged, the accused got his gun
Julius completely naked, having sexual and killed both. Can the accused claim that
intercourse with his wife, Cleopatra. Pedro he killed the two under exceptional
shot and killed Julius. Cleopatra Oed from the circumstances? (1991, 2001, 2005, 2007,
bedroom but Pedro ran after her and shot 2011BAR)
and killed her. Is Pedro criminally liable for
the death of Julius and Cleopatra? A: NO. The accused did not catch them while
having sexual intercourse.
A: YES. Under Article 247 of the RPC, Pedro will
be penalized by destierro for killing both Julius Q: A and B are husband and wife. One night,
and Cleopatra. He is also civilly liable. However, A, a security guard, felt sick and cold, hence,
if what was inflic.ted was only less serious or he decided to go home around midnight after
slight physical injuries (not death or serious getting permission from his duty officer.
physical injury), there is no criminal liability. Approaching the master bedroom, he was
surprised to hear sighs and giggles inside. He
Stages contemplated under Art. 247 opened the door very carefully and peeped
inside where he saw his wifeB having sexual
1. When the offender surprised the other intercourse with their neighbor C. A rushed
spouse with a paramour or mistress in the inside and grabbed C but the latter managed
ac.t of committing sexuaJ intercourse. to wrest himself free and jumped out of the
window. A followed suit and managed to
Surprlse means to come upon suddenly or catch C again and after a furious struggle,
unexpectedly. managed also to strangle him to death. A
then rushed back to their bedroom where his
2. When the offender kills or inflitts serious wife B was cowering under the bed covers.
physical injury upon the other spouse and Still enraged, A hit B with fist blows and
paramour while in the act of intercourse, or rendered her unconsdous. The police
immediately thereafter, that is, after arrived after being summoned by their
surprising. neighbors and arrested A who was detained,
inquested and charged for the death of C and
"Immediately thereafter• means that the serious physical injuries ofB.
discovery, escape, pursuit and the killing
must all form part of one continuous act. 1. Is A liable for C's death? Why?

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2. Is A liable for B's injuries? Why? 248; and


(1991, 2001, 2005, 2007 BAR) 4. That the killing is not parricide or
infanticide.
A:
1. YES. A is liable for C's death but under the Murder fl 999. 2001. 2008. 2009. 2010 BAR)
exceptional circumstances in Art. 247 of the
RPC where only destierro is prescribed. Art. Murder is the unlawful killing of any person
247 governs since A surprised his wife 8 in which is not parricide or infanticide, provided
the act of having sexual intercourse with C, that any of the following circumstances is
and the killing of C was immediately present:
thereafter as the discover. escape, pursuit
and killing of C form one continuous act. 1. With treachery, taking advantage of
(U.S. v. Va,yas, G.R. No. 1053, Moy 7, 1903) superior strength, with the aid of armed
men, or employing means to weaken the
2. YES. A is liable for the serious physical defense, or of means or persons to insure or
injuries he inflicted on his wife but under afford impunity. (1995, 2000, 2006, 2008,
the same exceptional circumstances in Art 2015 BAR)
247 of the RPC for the same reason.
If committed "by o bond: it is still murder
Parent need not he leeitimate because of the circumstance of ., wlth the aid
oformed men.•
The law does not distinguish. It is not necessary
that the parent be legitimate. Q: One night, Jennifer was found dead CCTV
footage shows Jennifer and Pemberton
Nnn-annlirahitlitv of this actiele if the leaving a club together. An unequivocal
daughter is married testimony identified Pemberton as the last
person who was seen with Jennifer on the
This article applies only when the daughter is night she died. The results of a general
single because while under 18 years old and physical examination conducted on
single, she is under parental authority. If she is Pemberton show abrasions and light
married, her husband alone can claim the scratches on different parts on his body, and
benefits of Art. 247. Pemberton's latex print was shown on one of
the condoms found at the crime scene.
Q: When third persons are injured in the Physical examinations on Jennifer's cadaver
course of the firing at the paramour, will the reveal that sbe was strangled from behind.
offending spouse be free from criminal Jennifer's mother filed a complaint for
liability? Murder against Pemberton. Pemberton
opposed, stating that there is no probable
A: NO. Inflicting death or physical injuries under cause for murder. ls Pemberton correct?
exceptional circumstances is not murder. The
offender cannot therefore be held liable for A: NO. There is ample evidence submitted to
frustrated murder for the serious injuries establish probable cause that Pemberton
suffered by third persons. It does not mean, murdered Jennifer. First, the killing of Jennifer
however, that the offender is totally free from has been indubitably confirmed. Second, the
any responsibility. The offender can be held pieces of evidence such as the CCTV footage, the
liable for serious physical injuries through testimonies, the latex print on the condom, the
simple imprudence or negligence. (People v. results of physical examinations both on
Abarro, G.R. No. 74433, September 14, 1987) Pemberton and Jennifer lead to no other
conclusion that Pemberton was the perpetrator
MURDER of the crime. Aside from that, the result of the
ART. 248, RPC physical examination conducted on fennifer's
cadaver demonstrates that treachery, a
Elements ofmurder qualifying circumstance, is present.

1. That a person was killed; Pemberton points out the lack of any direct
2. That the accused killed him; evidence linking him to the crime. It has been
3. That the killing was attended by any of the the consistent pronouncement of the Supreme
qualifying circumstances mentioned in Art. Court that in such cases, the prosecution may

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resort to circumstancial evidence. If direct circumstances in general.


evidence is insisted upon under all
circumstances, the guilt of vicious felons who Pwemoe/Nocrurnitv ace oat auaHfvioe
committed heinous crimes in secret will be hard, cicn,msraoces
if not impossible to prove. ljoseph Scott
Pemberton v. De Lima, G.R. No. 217508, April 18, Dwelling and nocturnity are not included in the
2016, as penned by/. Leanen) enumeration of quaJifying circumstances. But
nocturnity or nighttime can be a method or form
2. In consideration of a price, reward or of treachery. In such case, it is treachery, not
promise. night time that is qualifying.

If this aggravating circumstance is present Number of cica,msrances oeressacx to


in the commission of the crime, it affects not oualifvhnmifidetnmurder
only the person who received the money or
reward but also the person who gave it. Only one. If there is a second circumstance, it
will operate as a generic aggravating which will
3. By means of inundation, fire, poison, not affect the penalty because the maximum
explosion, shipwreck, stranding of a vessel, penalty of death has been abolished by R.A.
derailment or assault upon a railroad, fall of 9346.
an airship, by motor vehicles, or with the
use of any other means involving great Rules tor the aooHcarino of the
waste and ruin. (1997, 2005 BAR) ciccnmsraoces which auaHfv the kiJlioe to
murder
a. If the primordial criminal intent is to kill,
and fire was only used as a means to do 1. That murder will exist with any of the
so, it is murder. circumstances.
b. If the primordial intent is to destroy the 2. Where there are more than one qualifying
property through fire and incidentally circumstance present. only one will qualify
somebody died, it is arson. the
killing, with the rest to be considered as
Treachery and evident premeditation are generic aggravating circumstances.
inherent in murder by poison and, as such, 3. That when the other circumstances are
cannot be considered as aggravating absorbed or included in one qualifying
circumstance. circumstance, they cannot be considered as
generic aggravating.
4. On occasion of any of the calamities 4. That any of the qualifying circumstances
enumerated in the preceding paragraph, or enumerated must be alleged in the
of an earthquake, eruption of volcano, information.
destructive cyclone, epidemic, or other
public calamity. Wbeo treachery is ocesent
The offender must take advantage of the The offender commits any of the crimes against
calamity to qualify the crime to murder. persons, employing means, methods or forms in
its execution which tend direttly and especially
5. With evident premeditation. to ensure its execution, without risk to himself
or herself arising from any defense which the
6. With cruelty, by deliberately and inhumanly offended party might make. (People v. Torres, Sr.,
augmenting the suffering of the victim, or G.R. No. 190317, August 22, 2011)
outraging or scoffing at his person or corpse.
Wbeo treachery exists io the crime ofmurder
Outraging means any physical att to commit
an extremely vicious or deeply insulting act 1. The malefactor employed such means,
while scoffing is any verbal act implying a method or manner of execution to ensure
showing of irreverence. his or her safety from the defensive or
retaliatory acts of the vittim;
Outraging or scoffing at the person or corpse 2. At the time of the attack, the victim was not
of the victim is the only instance that does in a position to defend himself; and
not fall under Art. 14 on aggravating 3. The accused consciously and deliberately

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adopted the particular means, methods, or Q: A killed B by stabbing B in the heart which
forms of attack employed by him. (People v. resulted to B's death. The witness is the wife
Lagroon, G.R. No.197807, April 16, 2012) of the victim, who said that a day prior to the
killing, A threatened B. Based on the
NOTE: Killing of a child of tender age is murder testimony of the wife, A was prosecuted for
qualified by treachery. (Reyes, 2017) murder due to evident premeditation. Is the
charge correct?
A frontal attack does not necessarily rule out
treachery. The qualifying circumstance may still A: NO. The crime committed is homicide only. A
be appreciated if the attack was so sudden and mere threat is not sufficient to constitute evident
so unexpetted that the deceased had no time to premeditation.
prepare for his or her defense. (People v. Perez,
G.R. No. 134756, February 13, 2001) Effecr when the anaHfu'ioe cica,msrances
were notthose ocoved in the trial
Q: H and W hailed a jeepney where a drunk
Glino sat beside W. Glino's bead fell on W's Where the qualifying circumstances were not
shoulder. H told Glino to sit properly. The those proved in the trial, the accused cannot be
latter arrogantly retorted, "Anong pakialam convicted of murder because any of the
mo?" and cursed H. Glino then provokingly qualifying circumstances under Art. 248 is an
asked H, "Anong gusto mo?" H replied, "Wala ingredient of murder, not merely a qualifying
akong sinabing masama." After the heated circumstance. The circumstances must be both
verbal tussle, Glino appeared to have calmed alleged and proved in the trial, otherwise, they
down. He told the driver to stop because he cannot be considered because the right of the
would alight. As the jeepney ground to a halt, accused to be informed of the charge against him
Glino drew a 29-inch balisong and stabbed H. will be violated.
H failed to offer any form of resistance and
thereafter, died. Glino contended that he is cn,eltv as a onalitvine cica,msrance of
only liable for homicide since there was no murder CArt 2481 vis-A-vis cn,eltv as a
treachery as the victim was forwarned of the generic aggravating circumstance under Art.
danger. Is the contention of Glino legally li
tenable?
CRUELTY UNDER CRUELTY UNDER
A: NO. The rule is well-settled in this jurisdittion
Art 248 Art. 14
that treachery may still be appreciated even
though the victim was forewarned of the danger Aside from cruelty, Requires that the
to his person. What is decisive is that the attack any act that would victim be alive, when
was executed in a manner that the victim was amount to scoffing or the cruel wounds
rendered defenseless and unable to retaliate. decrying the corpse of were inflicted and,
(People v. Glino, G.R. No. 173793, December 4, the victim will qualify therefore, there must
2007) the killing to murder. be evidence to that
effect.
A killing done at the spur of the moment is not
treacherous. (People v. Nitcha, G.R. No. 113517, HOMICIDE
January 19, 1995) ART. 249, RPC

BeoniSites of evidentoremediratinn Homicide


1. Time when the accused decided to commit The unlawful killing of any person, which is
the crime; neither parricide, murder, nor infanticide.
2. Overt act manifestly indicating that he clung
to the determination; and Elements
3. A sufficient lapse of time between the
decision and execution, allowing the accused 1. That a person was killed;
to reflect upon the consequences of his act. 2. That the accused killed him without any
(People v. Grabador, G.R. Na. 227504, June 13, justifying circumstance;
2018) 3. The accused had intention to kill which is
presumed; and
4. The killing was not attended by any of the

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qualifying circumstances of murder, or by Q: A shot C with a pistol. Almost immediately


that of parricide or infanticide. (Reyes, 2017) after A had shot C, B also shot C with B's gun.
Both wounds inflicted by A and B were
Ex'ideoce ro show intent ro kill is imnortant mortal. C was still alive when B shot him. C
only in attempted or frustrated homicide died as a result of the wounds received from
A and B, acting independently of each other.
This is because if death resulted, intent to kill is Who is liable for the death of C?
conclusively presumed. It is generally shown by
the kind of weapon used, the parts of the A: Since either wound could cause the death of C,
victim's body at which it was aimed, and by the both are liable and each one of them is guilty of
wounds inflicted. The element of intent to kill is homicide. The burden of proof is on each of the
incompatible with imprudence or negligence. defendants to show that the wound inflicted by
him did not cause the death. The one who
Proving intent to kill inflicted a wound that contributed to the death
of the victim is equally liable. (U.S. v. Abiog, C.R.
Evidence to prove intent to kill in crimes against No. L -12747, November 13, 1917)
persons may consist, inter a/la, of:
This ruling is applicable only when there is no
1. The means used by the malefactors; conspiracy between or among the accused.
2. The nature, location and number of wounds When there is conspiracy, it is not necessary to
sustained by the victim; apply this ruling because in such case, the act of
3. The conduct of the malefattors before, at the one is the act of all.
time of, or immediately after the killing of
the victim; Use of uoHceosed firearms io cnmmittioe
4. The circumstances under which the crime murder or homicide
was committed;
5. The motive of the accused; (People v. Lanuza In view of the amendments introduced by R.A.
y Bagooison, C.R. No. 188562, August 17, 8294 and R.A. 10591, separate prosecutions for
2011) ond homicide and illegal possession of firearms are
6. Words uttered at the time of inflitting the no longer in order. Instead, illegal possession of
injuries on the victim may also be firearms is merely taken as an aggravating
considered. (De Guzman v. People, 742 SCRA circumstance in the crime of murder. (People v.
501, November 26, 2014) Gobome, C.R. No. 210710,July 27, 2016)

Illustration: If A would shoot B at one of his Accidental homicide


feet, at a distance of one meter, there s no intent
to kill. If B is hit, the crime is only physical It is the death of a person brought about by a
injuries. IfB is not hit, the offense is Discharge of lawful act performed with proper care and skill,
Firearms under Art. 254. and without homicidal intent.

Q: X, a pharmacist, compounded and Example: In a boxing bout where the game is


prepared the medicine on prescription by a freely permitted by law or local ordinance, and
doctor. X erroneously used a highly all the rules of the game have been observed, the
poisonous substance. When taken by the resulting death or injuries cannot be deemed
patient, the latter nearly died. The accused felonious, since the act of playing the game is a
was charged with frustrated homicide lawful act.
through reckless imprudence. Is the charge
correct? Q: Supposing Pedro was found on the street
dead with 30 stab wounds at the back. A
A: NO. It is an error to convict the accused of witness said that he saw Juan running away
frustrated homicide through reckless carrying a bladed weapon. What crime was
imprudence. He is guilty of physical injuries committed by Juan?
through reckless imprudence. The element of
intent to kill in frustrated homicide is A: Homicide and not murder. Even if the stab
incompatible with negligence or imprudence. wounds were found on the back of Pedro, it is
Intent in felonies by means of do/o is replaced not conclusive of the presence of the qualifying
with lack of foresight or skill in felonies by cu/po. circumstance of treachery. Further, the witness

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merely saw luan running. He must have seen the Tumultuous affray exists when at least four
infliction of the wound. persons took part therein.

NOTE: For treachery to be appreciated, it must Elements


be present and seen by the witness right at the
inception of the attack. (People v. Concillado, G.R. 1. There be several or at least 4 persons;
Na. 181204, November 28,2011)
2. That they did not compose groups organized
Cora11s ctettcciin crimes aeainst necsnns for the common purpose of assaulting and
attacking each other reciprocally,
Carpus delicti is defined as the body, foundation otherwise, they may be held liable as co­
or substance upon which a crime has been conspirators;
committed. (People v. Quimzon, GR. No. 133541,
April 14, 2004) 3. That these several persons quarreled and
assaulted one another in a confused and
It may be proven by the credible testimony of a tumultuous manner;
sole witness, not necessarily by physical
evidence such as the physical body of the 4. Someone was killed in the course of the
deceased or to the ashes of a burned building affray;
but by the fact of the commission of the crime.
(Rimarin v. People, G.R. Na. 146481, April 30, NOTE: The person killed in the course of the
2003) affray need not be one of the participants in
the affray. He could be a mere passerby.
In all crimes against persons in which the death
of the victim is an element of the offense, there 5. It cannot be ascertained who actually killed
must be satisfactory evidence of (1) the fact of the deceased.
death and (2) the identity of the victim.
NOTE: if the one who inflicted the fatal
PENALTY FOR FRUSTRATED PARRICIDE, wound is known, the crime is not
MURDER OR HOMICIDE tumultuous affray. It is a case of homicide.
ART. 250, RPC
6. The person or persons who inflicted serious
Penalties physical injuries or who used violence can
be identified.
For frustrated parrklde, murder or homklde ·
penalty two degrees lower. This article does not apply if there is concerted
fight between two organized groups.
For attempted parrklde, murder or hom;cide •
penalty three degrees lower. What brines about the crime of h1mnln1211s
ao:cax?
NOTE: This provision is perm1ss1ve, not
mandatory. However. an attempt on, or a The crime of tumultuous affray is brought about
conspiracy against, the life of the Chief by the inability to ascertain the at1:ual
Executive, member of his family, any member of perpetrator, not the tumultuous affray itselfthat
his cabinet or members of the latter's family is brings about the crime. It is necessary that the
punishable by death (P.D. 1110-A). very person who caused the death cannot be
ascertained or identified.
DEATH CAUSED IN A TUMULTUOUS AFFRAY
ART. 251, RPC Crime committed if the necson who caused
the death isknown hut cannot he identiOed
T11mult11011safftilY(1997 2010RAB)
If he is known but only his identity is not known,
It means a commotion in a tumultuous and he will be charged for the crime of homicide or
confused manner, to such an extent that it would murder under a fictitious name not death in a
not be possible to identify who the killer is if tumultuous affray.
death results, or who inflicted the serious
physical injuries, but the person or persons who Persons liable for death in a tumultuous
used violence are known. �

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1. The person or persons who inflitted the did not compose groups organized for the
serious physical injuries are liable; or common purpose of assaulting and attacking
2. If it is not known who inflicted the serious each other reciprocally. In this case, there is no
physical injuries on the deceased, all the tumultuous affray since the participants in the
persons who used violence upon the person rumble belong to organized fraternity.
of the victim are liable, but with lesser
liability. PHYSICAL INJURIES INFLICTED IN
TUMULTUOUS AFFRAY
Q: M left his house together with R, to attend ART. 252, RPC
a public dance. Two hours later, they decided
to have a drink. Not long after, M left to look Elements
for a place to relieve himself. According to R,
he was only about three meters from M who 1. There is a tumultuous affray as referred to
was relieving himself when a short man in the preceding article;
walked past him, approached M and stabbed 2. A participant or some participants thereof
him at the side. M retaliated by striking his suffer serious physical injuries or physical
assailant with a half-filled bottle of beer. injuries of a less serious nature only;
Almost simultaneously, a group of seven 3. Person responsible thereof cannot be
men, ganged up on M and hit him with identified; and
assorted weapons, i.e., bamboo poles, stones 4. All those who appear to have used violence
and pieces of wood. R, who was petrified, upon the person of the offended party are
could only watch helplessly as M was being known.
mauled and overpowered by his assailants. M
fell to the ground and died before he could be This article will not apply when a person is
given any medical assistance. What crime is killed.
committed in the given case?
Kind of ioincx cnotemolated io the crime of
A: The crime committed is Murder and not ohvSicalinintiesio atnmnltunnsafCtav
Death Caused in Tumultuous Affray. A
tumultuous affray takes place when a quarrel The physical injury should be serious or less
occurs between several persons who engage in a serious and resulting from a tumultuous affray.
confused and tumultuous manner, in the course If the physical injury sustained is only slight, this
of which a person is killed or wounded and the is considered as inherent in a tumultuous affray.
author thereof cannot be ascertained. The
quarrel in the instant case is between a distinct Unlike in Art. 251, the injured party on the crime
group of individuals, one of whom was of physical injuries inflicted in a tumultuous
sufficiently identified as the principal author of affray must be one or some of the participants in
the killing, as against a common, particular the affray. (Reyes, 2017)
victim. (People v. Unlagada, G.R. Na. 141080,
September 17, 2002) Pecsoos Ha hie toe thiscrime
Q: A, Band C are members of SFC Fraternity. Only those who used violence are punished,
While eating in a seaside restaurant, they because if the one who caused the physical
were attacked by X, Y and Z members of a injuries is known, he will be liable for the
rival fraternity. A rumble ensued in which physical injuries actually committed, and not
the above-named members of the two under this article.
fraternities assaulted each other in confused
and tumultuous manner resulting in the GIVING ASSISTANCE TO SUICIDE
death of A. As it cannot be ascertained who ART. 253, RPC
actually killed A, the members of the two
fraternities took part in the rumble and were Punishable acts
charged for death caused in a tumultuous
affray. Will the charge prosper? (2010 BAR) 1. Assisting another to commit suicide,
whether the suicide is consummated or not;
A: NO. The charge of death caused in a (2008 BAR) and
tumultuous affray will not prosper. In death 2. Lending assistance to another to commit
caused by tumultuous affray under Art. 251 of suicide to the extent of doing the killing
the RPC, it is essential that the persons involved himself.

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Art. 253 does not distinguish and does not make The discharge towards the house of the victim is
any reference to the relation of the offender with not a discharge of firearm. Firing a gun at the
the person committing suicide. Hence, the house of the offended party, not knowing in
penalty would be the same even if the offender is what part of the house the people were, is only
the father, mother or the child of the one alarms and scandals under Art. 155.
committing suicide. (Reyes, 2017)
Discharge of firearm resulting to the death of
Criminal liability of a person who attempts to a victim
commitsuicide
If the offender discharges the firearm at a person
A person who attempts to commit suicide does to intimidate a person only, however, the bullet
NOT incur any criminal liability because society hit the vital organ of the victim that resulted to
has always considered a person who attempts to his death, the crime committed is either
kill himself as an unfortunate being, a wretched homicide or murder. The moment the victim
person more deserving of pity rather than of dies, intent to kill is presumed.
penalty. However, he may be held liable for the
crime of disturbance of public order if indeed NOTE: Unless the facts of the case are such that
serious disturbance of public peace occurred the act can be held to constitute frustrated or
due to his attempt to commit suicide. attempted parricide, murder, homicide or any
other crime for which a higher penalty is
Euthanasia NOT e'ivine assisrancetnsnifide prescribed by any of the articles of this Code.

Euthanasia is the practice of painlessly putting There is a complex crime of discharge of fireann
to death a person suffering from some incurable with physical injuries when the injuries
disease. Euthanasia is not lending assistance to sustained by the offended party are serious or
suicide. The person killed does not want to die. A less serious. (Reyes, 2017)
doctor who resorts to euthanasia of his patient
may be liable for murder. INFANTICIDE
ART. 255, RPC
DISCHARGE OF FIREARM
ART. 254, RPC [p[aptjcide (2006 RAB)
Elements It is the killing of any child less than 3 days old
or 72 hours of age, whether the killer is the
1. Offender discharges a firearm against parent or grandparent, any relative of the child,
another person; and or a stranger.
2. Offender has no intention to kill the person.
NOTE: Art. 255 does not provide a penalty for
NOTE: There must be no intent to kill. The infanticide. If the killer is the mother, or father,
purpose of the offender is only to intimidate or a legitimate grandparent, although the crime
or frighten the offended party. This does not is still infanticide, the penalty, is that of
apply to police officers in the performance parricide.
of their duties.
If the offender is not so related to the child,
1mno1deoce in meral discharee although the crime is still infanticide, the penalty
corresponding to murder shall be imposed.
The crime of illegal discharge cannot be
committed through imprudence because it Regardless, the penalty for murder and parricide
requires that the discharge must be directed at is the same.
another.
Elements
NOTE: The crime is discharge of firearm even if
the gun was not pointed at the offended party 1. A child was killed;
when it was fired as long as it was initially aimed
by the accused at or against the offended party. NOTE: The child must be born alive and
fully developed, that is, it can sustain an
Discharge towards the house of the victim independent life.

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2. Deceased child was less than 3 days old or Q: Suppose the child is abandoned without
less than 72 hours ofage; and any intent to kill and death results as a
3. Accused killed the said child. consequence, what crime is committed?

When infanticide is not committed A: The crime committed is abandonment under


Art. 276 (Abandoning a Minor) and not
If the child is born dead, or if the child is already infanticide.
dead, infanticide is not committed.
INTENTIONAL ABORTION
Although the child is born alive, if it could not ART. 256, RPC
sustain an independent life when it was killed,
there is no infanticide. Ahonion Cl994RAB)
Effect if the crime is committed for It is the willful killing of the fetus in the uterus,
cnoceaHoe the dishnonr as ao exculoarory or the violent expulsion of the fetus from the
Circnmstance maternal womb that results in the death of the
fetus. (Guevara as cited in Reyes, 2017)
Concealment of dishonor is not an exculpatory
circumstance in the crime of infanticide. It NOTE: The basis of this article is Art. 2, Sec. 12 of
merely lowers the penalty to: the Constitution, which states that ·The State
shall equally protect the life of the mother and
a. Prision mayor - if committed by the mother the life of the unborn /ram conception."
b. Reclusion temporal - if committed by the
grandparents Th"' rrimP Qf intentional abortion ;s
committed in three wavs
Only the mother and maternal grandparents of
the child are entitled to the mitigating 1. By using any violence upon the person of the
circumstance of concealing dishonor. The pregnant woman;
mother who claims concealing dishonor must be 2. By administering drugs or beverages upon
of good reputation. such pregnant woman without her consent;
or
Intaoticide vis-ta-vis oarricide if the offender 3. By administering drugs or beverages with
isthe blood relative ea nacentof the child the consent of the pregnant woman.

Elements
BASIS INFANTICIDE PARRICIDE
1. There is a pregnant woman;
The age of the The victim is 2. Violence is exerted, or drugs or beverages
Asuiage of victim is less at least three administered, or that the accused othenvise
victims than three days days old. acts upon such pregnant woman;
old. 3. As a result of the use of violence or drugs or
If done in The CO·
beverages upon her, or any other act of the
conspiracy with conspirator is accused, the fetus dies, either in the womb
a stranger, both liable for or after having been expelled therefrom; and
Asto 4. Abortion is intended.
the parent and murder
liability in the CO· because of the
conspiracy conspirator are absence of NOTE: In intentional abortion, the offender
liable for relationship. should know that the woman is pregnant
infanticide. because the very intention is to cause an
abortion.
Concealment of Concealment
Concealme
dishonor in of dishonor in
ntas
killing the child killing the Persons Habletoe inrentinnal abortion
m itigating
is mitigating. child is not a
circumst.an 1. The person who actually caused the
mitigating
ces abortion under Art. 256; and
circumstance
2. The pregnant woman if she consented under
ArL 258.
NOTE: In both, there is intent to kill the child.

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Abortion is not a crime against the woman but A: The crime is frustrated abortion because
against the fetus. The offender must know of the abortion is consummated only if the fetus dies
pregnancy because the particular criminaJ inside the womb.
intention is to cause an abortion. As long as the
fetus dies as a result of the violence used or NOTE: But if the expelled fetus could sustain life
drugs administered, the crime of abortion exists, outside the mother's womb, the crime is already
even if the fetus is over or less is in full term. infanticide.
(Viada as cited in Reyes, 2008)
Q: If the abortive drug used is a prohibited or
Ahoction vis-a-vis iotaotiride regulated drug under the Dangerous Drugs
Act, what are the crimes committed?

BASIS ABORTION INFANTICIDE A: The crimes committed are intentional


abortion and violation of R.A. 9165 or the
The victim The victim is Dangerous Drugs Act.
is not viable already a
but remains person less UNINTENTIONAL ABORTION
to be a than 3 days old ART. 257, RPC
fetus. or 72 hours
As to victim and is viable Elements
or capable of
living 1. There is a pregnant woman;
separately 2. Violence is used upon such pregnant woman
from the without intending an abortion;Violence is
mother's intentionally exerted; and
womb. 3. As a result of the violence exerted, the fetus
Only the Both the dies either in the womb or after having been
pregnant mother and expelled therefrom. (2015 BAR)
woman is maternal
Asta entitled to grandparents Illustration: Unintentional abortion requires
entitlement of mitigation if of the child are physical violence inflicted deliberately and
mitigating the purpose entitled to the voluntarily by a third person upon the person of
circumstances is to conceal mitigating the pregnant woman. Hence, if A pointed a gun
dishonor. circumstance at a pregnant lady, who became so frightened,
of conceaJing causing her abortion, he is not liable for
the dishonor. unintentional abortion, as there was no violence
exerted. If he intended the abortion however, the
Even if the child was expelled prematurely and crime committed is intentional abortion.
was deliberately alive at birth, the offense is
abortion due to the fact that a fetus with an The force or violence must come from another.
intrauterine life of 6 months is not viable. Mere intimidation is not enough unless the
(People v. Paycana, 551 SCRA 657, citing U.S. v. degree of intimidation already approximates
Vedra, 12 Phil 96 [1909}) violence.

Q: Suppose the mother as a consequence of Q: Is the crime of unintentional abortion


abortion suffers death or physical injuries, committed if the pregnant woman aborted
what crime is committed? because of intimidation?

A: The crime is complex crime of murder or A: NO. The crime committed is not unintentional
physical injuries with abortion. abortion because there is no violence. The crime
committed is light threats.
Q: If despite the employment of suffident and
adequate means to effect abortion, the fetus NOTE: If violence was employed on the pregnant
that is expelled from the maternal womb is woman by a third person, and as a result, the
viable but unable to sustain life outside the woman and the fetus died, there is complex
maternal womb, what crime is committed? crime of homicide with unintentional abortion.

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Q: Suppose the pregnant woman employed The liability of the pregnant woman is mitigated
violence to herself specifically calculated to if the purpose for abortion is to conceal her
bring about abortion, what crime is dishonor. However, if it is the parents who
committed? caused the abortion for the purpose of
concealing their daughter's dishonor. there is no
A: The woman is liable for intentional abortion mitigation, unlike in infanticide.
under Art. 258.
ABORTION PRACTICED BY PHYSICIAN OR
Q: What is the criminal liability, if any, of a MIDWIFE AND DISPENSING OF ABORTIVES
pregnant woman who tried to commit ART. 259, RPC
suicide by poison, but she did not die and
the fetus in her womb was expelled Elements of thiS crime as mthe ohvsiciao or
instead? (1994, 2012 BAR) midwife
A: The woman who tried to commit suicide 1. There is a pregnant woman who has
incurs no criminal liability for the result not suffered abortion;
intended. In order to incur criminal liability for 2. Abortion is intended;
the result not intended, one must be committing
a felony, and suicide is not a felony. NOTE: If abortion was not intended or was a
Unintentional abortion is not committed since it result of a mistake, no crime is committed. If
is punishable only when caused by violence and the woman is not really pregnant, an
not by poison. There is also no intentional impossible crime is committed.
abortion since the intention of the woman was
to commit suicide and not to abort the fetus. 3. The offender must be a physician or midwife
who causes or assists in causing the
Q: can unintentional ab ortion be committed abortion; and
through negligence? 4. Said physician or midwife takes advantage
of his or her scientific knowledge or skill.
A: YES. Unintentional abortion is a felony
committed by do/o or deliberate intent. But it Tbecaneuric Abortion
can be committed by means of culpa. However,
the culpa lies not in the aspect of abortion but on It is an abortion caused by a physician to save
the violence inflicted on the pregnant woman. the life of a mother. The physician is not
Thus, there can be a crime of Reckless criminally liable. (Estrada, 2011)
Imprudence resulting in Unintentional
Abortion. Elements nfthiS crime as rn rhe ohannarisrs
ABORTION PRACTICED BY THE WOMAN 1. Offender is a pharmacist;
HERSELF OR BY HER PARENTS 2. There is no proper prescription from a
ART. 258, RPC physician; and
3. Offender dispenses an abortive.
Elements
As to the pharmacist, the crime is consummated
1. There is a pregnant woman who has by dispensing an abortive without proper
suffered abortion; prescription from a physician. It is not necessary
2. Abortion is intended; and that the abortive is actually used.
3. Abortion is caused by:
a. The pregnant woman herself; If the pharmacist knew that the abortive would
b. Any other person, with her consent; or be used to cause an abortion and abortion
c. Any of her parents, with her consent for resulted from the use thereof, the pharmacist
the purpose of concealing her dishonor. would be an accomplice in the crime of abortion.
(Reyes, 2017)
NOTE: Under (a) and (c) above, the woman
is liable under Art. 258 while the third Q: Suppose the abortion was performed by a
person under b is liable under Art. 256. physician without medical necessity to
warrant such abortion and the woman or her
Mitigation of liability when the purpose of husband had consented. Is the physician
ahnrtlnn is to concealdishonor liable for abortion under Art. 259?

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A: YES. The consent of the woman or her there is an unJawful aggression, hence self­
husband is not enough to justify abortion. defense can be claimed.

RESPONSIBILITY OF PARTICIPANTS CHALLENGING TO A DUEL


IN A DUEL ART. 261, RPC
ART. 260, RPC
Punishable acts
ll..u.t1
1. Challenging another to a duel;
It is a formal or regular combat previously 2. Inciting another to give or accept a challenge
consented between two parties in the presence to a duel; and
of two or more seconds of lawful age on each 3. Scoffing at or decrying another publicly for
side, who make the selection of arms and fix all having refused to accept a challenge to fight
the other conditions of the fight to settle some a duel.
antecedent quarrels.
NOTE: The punishable act is to challenge to a
Punishable acrs duel, not challenge to a fight, because if it is the
latter, the crime would be light threats under
1. Killing one's adversary in a duel; Art. 285(2).
2. Inflicting upon such adversary physical
injuries; and Q: Suppose one challenges another to a duel
3. Making a combat although no physical by shouting "Come down, Olympia, Jet us
injuries have been inflicted. measure your prowess. We will see whose
intestines will come out. You are a coward if
A mere fight as a result of an agreement is not you do not come down," is the crime of
necessarily a duel because a duel implies an challenging to a duel committed?
agreement to fight under determined conditions
and with the participation and intervention of A: NO. What is committed is the crime of light
seconds who fixed the conditions. threats under Art. 285. (People v. Tocomoy, G.R.
No. L-4798,July 16, 1951)
Illustration: If the accused and the deceased,
after a verbal heated argument in the bar, left Persons liable in this crime
the place at the same time and pursuant to their
agreement, went to the plaza to fight each other The challenger and the instigators.
to death with knives which they bought on the
way, there is no crime of duel because there was PHYSICAL INJURIES
no seconds who fixed the conditions of the fight
in a more or less formal manner. If one is killed, MUTILATION
the crime committed is homicide. ART. 262, RPC

Persons liable Mutilation

1. The person who killed or inflicted physical It is the lopping or the clipping off of some parts
injuries upon his adversary. or both of the body which are not susceptible to growth
combatants will be liable as principals. again.
2. Seconds will be liable as accomplices.
Kindsofmutllatlnn
Seconds
1. Intentionally mutilating another by
Those persons who make the selet1:ion of the depriving him, either totally or partially, of
arms and fix the other conditions of the fight. some essential organ for reproduction.

Aoalirahilitvofself-defense Elements:
a. There must be a castration, which is
Self-defense cannot be invoked if there was a mutilation of organs necessary for
pre-concerted agreement to fight, but if the generation, such as the penis or
attack was made by the accused against his ovarium; and
opponent before the appointed place and time,

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b. The mutilation is caused purposely tosrances considered as the crime of secim,s


and deliberately, which is to deprive ohvSical iniuries
the offended party of some essential
organ for reproduction. 1. When the injured person becomes insane,
imbecile, impotent, or blind in consequence
2. Intentionally depriving the victim of the of the physical injuries inflicted.
reproduttive organ does not mean Impotence includes inability to copulate and
necessarily the cutting off of the organ or sterility.
any part thereof. It suffices that it is
rendered useless. Blindness requires loss of vision of both
eyes. Mere weakness in vision is not
3. Intentionally making other mutilation, that contemplated.
is, by lopping or clipping off any part of the
body of the offended party, other than the 2. When the injured person:
essential organ for reproduction, to deprive a. Loses the use of speech or the power to
him of that part of his body. hear or to smell, or loses an eye, a hand,
a foot. an arm or a leg; or
In the first kind of mutilation, the castration b. Loses the use of any such member; or
must be made purposely. Otherwise, it will be c. Becomes incapacitated for the work in
considered as mutilation of the second kind. which he was habitually engaged in as a
consequence of the physical injuries
Intenrinn inmntllatinn inflicted.

Mutilation must always be intentional. Thus, it Loss of hearing must involve both ears.
cannot be committed through criminal Otherwise_. it will be considered as serious
negligence. physical injuries under par. 3. Loss of the
power to hear in the right ear is merely
There must be no intent to kill otherwise; the considered as loss of use of some other part
offense is attempted or frustrated homicide or of the body.
murder, as the case may be.
3. When the injured:
Q: Suppose there i s no intent to deprive the a. Becomes deformed;
victim of the particular part of the body, what b. Loses any other member of his body;
is the crime committed? c. Loses the use thereof; or
d. Becomes ill or incapacitated for the
A: The crime is only serious physical injury. performance of the work in which he
was habitually engaged in for more than
NOTE: Cruelty, as understood in Art. 14 (21), is 90 days, as a consequence of the
inherent in mutilation, and in fact, that is the physical injuries inflicted.
only felony where said circumstance is an
integral part and is absorbed therein. If the NOTE: In par. 2 and 3, the offended party
victim dies, the crime is murder qualified by must have a vocation or work at the time of
cruelty, but the offender may still claim and injury.
prove that he had no intention to commit so
grave a wrong. 4. When the injured person becomes ill or
incapacitated for labor for more than 30
SERIOUS PHYSICAL INJURIES days (but must not be more than 90 days),
ART. 263, RPC as a result of the physical injuries inflicted.

How the crime of serious ohvsiral ininries is When the category of the offense of serious
rommiued· physical injuries depends on the period of
the illness or incapacity for labor, there
1. Wounding; (1993 BAR) must be evidence of the length of that
2. Beating; (1995 BAR) period. Otherwise, the offense will be
3. Assaulting; (1993 BAR), or considered as slight physical injuries.
4. Administering injurious substance. (1992
BAR) Nature of physical injuries

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The crime of physical injuries is a formal crime NOTE: The qualified penalties are not
because it is penalized on the basis of the gravity applicable to parents who inflict serious
of the injury sustained. What is punished is the physical injuries upon their children by
consequence and not the stage of execution. excessive chastisement
Hence, it is aJways consummated. It cannot be
committed in the attempted and frustrated Phvsiral ininries vis-A-visMntllarinn
stage.
Mutilation must have been caused purposely
Q: If the offender repeatedly uttered "I will and deliberately to lop or clip off some part of
kill you• but he only keeps on boxing the the body so as to deprive the offended party of
offended party and injuries resulted, what is such part of the body. This intention is absent in
the crime committed? other kinds of physical injuries.

A: The crime is only physical injuries not


PHYSICAL INJURIES MUTILATION
attempted or frustrated homicide.
No special intention There is special
nerecmioation of intent mkill to clip off some part intention to clip off
of the body so as to some part of the body
Intent to kill must be manifested by overt acts. It deprive the offended so as to deprive him of
cannot be manifested by oral threats. of such art. such art.

BeoniSitesofdefocmitx Phvsiral ioinries vis-A-vis auemored or


frustrated homicide
1. Physical ugliness;
2. Permanent and definite abnormality; and ATTEMPTED OR
3. Conspicuous and visible. PHYSICAL INJURIES FRUSTRATED
HOMICIDE
NOTE: Once physical injuries resulted to The offender inflicts Attempted homicide
deformity, it is classified as serious physical physical injuries. may be committed
injuries. even if no physical
injuries are inflicted.
Q: X threw acid on the face of Y and, were it
not for the timely medical attention, a Offender has no The offender has
deformity would have been produced on the intention to kill the intent to kill the
face of Y. After the plastic surgery, Y became offended oartv. offended oart v.
more handsome than before the injury. What
crime was committed? In what stage was it ADMINISTERING INJURIOUS SUBSTANCES
committed? OR BEVERAGES
ART.264, RPC
A: The crime is serious physical injuries because
the problem itself states that the injury would Elements
have produced a deformity. The fact that the
plastic surgery removed the deformity is 1. The offender inflicted serious physical
immaterial because what is considered is not the injuries upon another;
artificial treatment but the natural healing
process. 2. It was done by knowingly administering to
him any injurious substances or beverages
Onalifvine riccumsrances of serious ohvsical or by taking advantage of his weakness of
inh,ries mind or credulity; and

1. If it is committed by any of the persons To adminlster an lnjurious substance or


referred to in the crime of parricide; or beverage means to direct or cause said
2. If any of the circumstances qualifying substance or beverage to be taken orally by
murder attended its commission. the injured person, who suffered serious
physical injuries as a result.
lllustratlon: A father who inflicts serious
physical injuries upon his son will be liable
for qualified serious physical injuries.

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If the accused did not know of the injurious Serious ohvsiral iniurv vis-A-vis less serious
nature of the substances he administered, he ohvSiral iniurv
is not liable under this article. (Reyes, 2017)
3. He had no intent to kill.
SERIOUS LESS SERIOUS
BASIS PHYSICAL PHYSICAL
LESS SERIOUS PHYSICAL INJURIES INJURIES INJURIES
ART. 265, RPC
The injured The offended
ElementsCJ994 1996 2009 BABJ person party is
becomes ill or incapacitated
1. Offended party is incapacitated for labor for incapacitated for labor for
10 days or more (but not more than 30 Ast.o for labor for 10 days or
days), or shall require medical attendance capacity a/ more than 30 more but not
for the same period of time; and iniured days but not more than 30
party more than 90 days, or needs
NOTE: The disjunttive "or'' above means days. medical
that it is either incapacity for work for 10 attendance for
days or more or the necessity of medical the same
attendance for an equal period which wiJI period.
make the crime of less serious physical Medical There must be
injuries. attendance is a proof to the
Importance not period of the
In the absence of proof as to the period of ofMedical important in required
the offended party's incapacity for labor or Assist.once serious medical
required medical attendance, the offense physical attendance.
committed is only slight physical injuries. iniuries.
The phrase "shall require• refers to the
period of actual medical attendance. SLIGHT PHYSICAL INJURIES AND
MALTREATMENT
2. Physical injuries must not be those ART. 266
described in the preceding articles.
Kinds of dieht ohvsiral ininries and
If a wound required medical attendance for maltreatmentCl990 1994 2003 RABl
only 2 days, yet the injured was prevented
from attending to his ordinary labor for a 1. Physical injuries which incapacitated the
period of twenty-nine days, the physical offended party for labor from 1 to 9 days, or
injuries are denominated as less serious. required medical attendance during the
(U.S. v. Trinidad, 4 Phil.152) same period;
2. Physical injuries which did not prevent the
Qnalifxine cica,msrances of less serim,s offended party from engaging in his habitual
physical injuries work or which did not require medical
attendance; or
1. When there is manifest intent to insult or 3. Ill-treatment of another by deed without
offend the injured person; causing any injury.
2. When there are circumstances adding
ignominy to the offense; Slapping the offended party is a form of ill·
3. When the victim is the offenders parents, treatment which is a form of slight physical
ascendants, guardians, curators, or teachers; injuries.
or
4. When the victim is a person of rank or Q: A disagreement ensued between Cindy
person in authority, provided the crime is and carina which led to a slapping incident.
not direc.t assault. Cindy gave twin slaps on Carina's beautiful
face. What is the crime committed by Cindy?
NOTE: Provided, that in case of persons in
authority. it does not constitute the crime of A:
assault upon such persons. a. Slander by deed - if the slapping was done to
cast dishonor to the person slapped.

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b. Slight physical injuries by ill-treatment - if However, there should be evidence of at least


the slapping was done without the intention the slightest penetration of the sexual organ and
of casting dishonor, or to humiliate or not merely a brush or graze of its surface.
embarrass the offended party out of a (People v. Delo Cruz. G.R. No. 180501, December
quarrel or anger. 24,2008)

Presumptions in Art. 266. RPC Elements of rape by a man who shall have
carnal knowledge ofa woman
1. In the absence of proof as to the period of
the offended party's incapacity for labor or 1. Offender is a man;
of the required medical attendance, the 2. Offender had carnal knowledge of the
crime committed is presumed as slight woman; and
physical injuries. 3. Such act is accomplished under any of the
2. When there is no evidence to establish the following circumstances:
gravity or duration of actual injury or to a. Through force, threat or intimidation;
show the causal relationship to death, the (1992 BAR)
offense is slight physical injuries. b. When the offended party is deprived of
reason or is otherwise unconscious;
Q: Suppose the charge contained in the c. By means of fraudulent machination or
information filed was for slight physical grave abuse of authority; or
injuries because it was believed that the d. When the offended party is under 12
wound suffered would require medical years of age or is demented, even
attendance for eight (8) days only, but during though none of the above circumstances
preliminary investigation it was found out mentioned above be present. (1995
that the healing would require more than BAR)
thirty (30) days, Should an amendment of the
charge be allowed? Q: While still intoxicated and asleep, ·AAA·
felt someone kissing her vagina, At first, she
A: YES, The supervening event can still be the thought it was her boyfriend Randy who did
subject of amendment or of a new charge it. She tried to push him away but failed to
without placing the accused in double jeopardy. stop him. Indeed, in no time a t all Caga
(People v. Mano/ong, G.R. No. L-2288, March 30, succeeded in mounting her and in
1950) penetrating her private parts with his penis.

RAPE Caga argues that while the Information


ARTS. 266-A, 266-B, 266-C alleged that force, violence, and Intimidation
AND 266-D, RPC AND R.A. 8353 were employed to consummate the alleged
rape, the prosecution's evidence failed to
Kindsofraoe underRA 8353 establish the existence thereof. He claims
that "AAA" did not offer any resistance
1. The troditionol concept under Art 335 - against his sexual advances, "because she
carnal knowledge with a woman against her thought that it was her boyfriend (Randy)
will. The offended party is always a woman who was then making love with her." Is Caga
and the offender is always a man. liable for rape?
2. Sexual assault - committed with an
instrument or an object or use of the penis A: YES. Caga's contention has no merit because
with penetration of the mouth or anal the case falls under the second paragraph of
orifice. The offended party or offender can rape: "when the offended party is deprived of
either be a man or a woman, that is, if the reason or is otherwise unconscious." It is
woman or a man uses an instrument in the altogether immaterial that the prosecution's
anal orifice of a male, she or he can be liable evidence failed to establish the presence of
for rape. physical force, thre,at, or intimidation because, as
the evidence at bar shows, Caga raped an
A violation of the body orifices by the fingers is unconscious and extremely intoxicated woman
within the expanded definition of rape under a fact that was duly alleged in the Information
RA. 8353. Insertion of the finger into the female and duly established by the prosecution's
genital is rape through sexual assault. (People v. evidence during the trial. (People v. Cogo, G.R. No.
Compuhon, G.R. No.129433, Morch 30, 2000) 206878, August 22, 2016)

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Elements of nme hx sexual assault C2005 the accomplices and be extended to co­
.IWU accessories principals in case of
multinJe rane.
1. Offender commits an act of sexual assault; Marital rape not Marital rape recognized
recoeni.zed 11995 BARl
2. The act of sexual assault is committed by
any of the following means: Q: Geronimo, a teacher, was tried and
a. By inserting his penis into another convicted for 12 counts of rape for the sexual
person's mouth or anal orifice; or assault, he, on several occasions, committed
b. By inserting any instrument or object on one of his male students by inserting his
into the genital or anal orifice of another penis in the victim's mouth. On appeal,
person. Geronimo contends that the acts complained
of do not fall within the definition of rape as
3. The act of sexual assault is accomplished defined in the RPC, particularly that rape is a
under any of the following circumstances: crime committed by a man against a woman.
a. By using force or intimidation; Is Geronimo's contention correct?
b. When the woman is deprived of reason
or otherwise unconscious; A: NO. Rape may be committed notwithstanding
c. By means of fraudulent machination or the fact that persons involved are both males.
grave abuse of authority; or R.A. 8353 provides that an act of sexual assault
d. When the woman is under 12 years of can be committed by any person who inserts his
age or demented. penis into the mouth or anal orifice, or any
instrument or object into the genital or anal
Rape by sexual assault is not necessarily orifice of another person. The law, unlike rape
included in rape through sexual intercourse under Art. 266-A, has not made any distinction
unlike acts of lasciviousness. (People v. Bon, C.R. on the sex of either the offender or the victim.
No. 166401, October 30, 2006) Neither must the courts make such distinction.
(Ordinorio v. People, C.R. No. 155415, Moy 20,
When the offender in rape has an ascendancy or 2004)
influence on the offended party, it is not
necessary that the latter put up a determined Amount of force neressarx ro consummate
resistance. the crime of rape

OldAnti-Bane Jaw xis-A-visBA 8353 Jurisprudence firmly holds that the force or
violence required in rape cases is relative; it
OLD ANTI-RAPE does not need to be overpowering or irresistible;
R.A. 8353
LAW it is present when it allows the offender to
Crime against Crime against persons consummate his purpose. (People v. Funesto, C.R.
chastitv No.182237, August 3, 2011)
May be committed Under the 2nd type,
by a man against a sexual assault may be No crime nfto,stcated raoe
woman only committed by any
person against any The slightest penetration of the penis into the
nerson labia of the female organ consummates the
Complaint must be May be prosecuted crime of rape. However, mere touching alone of
filed by the woman even if the woman does the genitals and mons pubis or the pudendum
or her parents, not file a complaint can only be considered as attempted rape, if not
grandparents or acts of lasciviousness.
guardian if the
woman was a minor '"Iouchine"' in raoe
or incanacitated
Private crime Public crime In People v. Compuhan, it was held that
touching when applied to rape cases does not
Marriage of the Marriage extinguishes simply mean mere epidermal contact, stroking
victim with one of the penal action only as or grazing of organs, a slight brush or a scrape of
the offenders to the principal (the the penis on the external layer of the vittim's
benefits not only the person who married vagina. or the mons publs. There must be
nrincina) but also the victim1 and cannot sufficient and convincing proof that the penis

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indeed touched the labias or slid into the female party is no longer necessary for its
organ, and not merely stroked the external prosecution. Consequently, rape is no longer
surface thereof, for an accused to be convicted of considered a private crime which cannot be
consummated rape. Thus, a grazing of the prosecuted, except upon a complaint filed by the
surface of the female organ or touching the mans aggrieved party. Hence, pardon by the offended
pubis of the pudendum is not sufficient to party of the offender in the crime of rape will not
constitute consummated rape. Absent any extinguish the offender's criminal
showing of the slightest penetration of the liability. Moreover, an Affidavit of
female organ, i.e., touching of either lobio of the Desistance even when construed as a pardon in
pudendum by the penis, there can be no the erstwhile "private crime" of rape is not a
consummated rape; at most, it can only be ground for the dismissal of the criminal cases,
attempted rape, if not acts of since the actions have already been
lasciviousness. (People v. 8utiong, G.R. No. instituted. To justify the dismissal of the
168932, October 19, 2011) complaints, the pardon should have been made
prior to the institution of the criminal actions.
Effeas of the cecJassifiratinn of cane iota a (People v. 8onaogua, G.R. No. 188897, June 6,
crime aeaiost necsonCJ991 1993 RABl 2011; People v. 8orce, G.R. No. 189579, September
12, 2011)
1. The procedural requirement of consent of
the offended party to file the case is no Absence of snecmarozoa does not neeate the
longer needed because this is now a public r.ommission ofcaoe
crime, unlike when it was still classified as a
crime against chastity; and The basic element of rape is carnal knowledge or
2. There is now an impossible crime of rape sexual intercourse, not ejaculation. Carnal
because impossible crimes can only be knowledge is defined as "the act of a man having
committed against persons or property. sexual bodily connec.tions with a woman." This
explains why the slightest penetration of the
Effeas of m1cdoo on the criminal liahmtv of female genitalia consummates the rape. (People
the accused charged with rape {2002BAR) v. 8utiong, G.R. No. 168932, October 19, 2011)

1. The offended woman may pardon the Q: Accused was charged and convicted of the
offender through a subsequent valid crime of rape of a minor. He claims that his
marriage, the effect of which would be the guilt was not proven because there was no
extinction of the offender's liability. In such hymenal laceration, therefore there was no
case, it is the marriage that extinguishes the evidence showing that he had carnal
offender's liability, not because of the knowledge of the victim. Is his defense
pardon which extinguished criminal liability tenable?
only if granted before the institution of the
criminal case in court: or A: NO. Proof of hymenal laceration is not an
2. Similarly, the legal husband may be element of rape. An intact hymen does not
pardoned by forgiveness of the wife negate a finding that the victim was raped.
provided that the marriage is not void ab Penetration of the penis by entry into the lips of
initio. (Art. 266-C, RPC) the vagina, even without laceration of the
hymen, is enough to constitute rape, and even
Under the new law, the husband may be liable the briefest of contact is deemed rape. (People v.
for rape, if his wife does not want to have sex Crisostomo, G.R. No.183090, November 14, 2011)
with him. It is enough that there is indication of
any amount of resistance as to make it rape. Q: One ofButiong's contentions is that having
(People v. Jumawon, G.R. No. 187495, April 21, sexual intercourse with AAA, a mental
2014) retardate, did not amount to rape, because it
could not b e considered as carnal knowledge
Effea of Affidavit of Pesisrance in rhe crime of a woman deprived of reason or of a female
ofraoe under twelve years of age as provided under
Article 266-A of the Revised Penal Code, as
Rape is no longer a crime against chastity for it is amended. Is he correct?
now classified as a crime against persons. In
effect, rape may now be prosecuted de oficio; a A: NO, Rape is essentially a crime committed
complaint for rape commenced by the offended through force or intimidation, that is, against the

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will of the female. It is also committed without minority and her relationship to the perpetrator,
force or intimidation when carnal knowledge of both of which must concur and must be alleged
a female is alleged and shown to be without her in the information. It is immaterial whether the
consent. It should no longer be debatable that relationship was proven during trial if that was
rape of a mental retardate falls under paragraph not specifically pleaded for in the information. In
l(b), of Article 266-A, because the provision this case, relationship with AAA was not duly
refers to a rape of a female "deprived of reason," alleged in the information. Thus, his relationship
a phrase that refers to mental abnormality, with the victim cannot qualify the crimes of rape.
deficiency or retardation. (People v. Butiong, G.R. Ruling otherwise would deprive him of his
No.168932, October 19,2011) constitutional right to be informed of the nature
and cause of accusation against him. (People v.
Insrances to consider rhe crime as mmHfied Armodia, G.R. No. 210654, Juner 7, 2017, as
� penned by J. Leonen)

1. When by reason or on occasion of the rape, a NOTE: A step-brother or step-sister


homicide is committed. (1998, 2009 BAR) relationship between the offender and the
2. When the victim is under 18 years of age offended party cannot elevate the crime to
and the offender is a parent, ascendant, qualified rape because they are not related
step-parent. guardian, relative by either by blood or affinity. The enumeration
consanguinity or affinity within the third is exclusive. Hence, the common law
civil degree, or the common law spouse of husband of the victim's grandmother is not
the victim. included.

Q: AAA was raped by his father, Pablo, on two 3. When the victim is under the custody of the
separate occasions. During these instances, police or military authorities or any law
AAA was not able to defend herself due to the enforcement or penal institution.
strength and moral ascendancy of her father, 4. When rape is committed in full view of the
and due to the act of Pablo of placing a bolo husband, parent, any of the children or other
near AAA's head threatening the latter that relatives within the third civil degree of
anyone who subsequently be knowledgeable consanguinity.
of his acts would be killed. 5. When the victim is engaged in a legitimate
religious vocation or calling and is
Pablo was charged with 2 counts of rape, but personally known to be such by the offender
the State failed to include the phrase, "being before or after the commission of the crime.
the father of the victim." Is Pablo guilty of the 6. When the victim is a child below 7 years old.
crime charged, and not of Qualified Rape? 7. When the offender knows that he is inflicted
with HIV/AIDS or any other sexually
A: YES. AAA's testimonies established that she transmissible disease and the virus or
was sexually abused by her father. She disease is transferred to the victim.
categorically and positively identified accused­ 8. When committed by any member of the AFP
appellant as the perpetrator of the crime. She or paramilitary units thereof or the PNP or
adequately recounted the details that took place, any law enforcement agency or penal
the dates of the incidents, how her father institution, when the offender took
committed carnal knowledge against her, and advantage of his position to facilitate the
his threats to wield the lagting if the crimes commission of the crime.
were revealed to others. Pablo had carnal 9. When by reason or on occasion of the rape,
knowledge of AAA twice, through force and the victim has suffered permanent physical
intimidation. His moral ascendancy also mutilation or disability.
intimidated her into submission. This 10. When the offender knew of the pregnancy of
ascendancy or influence is grounded on his the offended party at the time of the
parental authority over his child, which is commission of the rape.
recognized by our Constitution and laws, as well 11. When the offender knew of the mental
as on the respect and reverence that Filipino disability, emotional disorder, and/or
children generally accord to their parents. physical handicap of the offended party at
the time of the commission of the crime.
Pablo cannot be convicted of qualified rape (Art. 266-8, RPC)
under Article 266-B (1). The said crime consists
of the twin circumstances of the victim's

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Q: AAA was a 14-year-old girl with a mental AAA's father, approached AAA and removed
age of only 5 years old. Sometime in 2002, her shorts and panty. AAA tried to push him
AAA informed her sister that she was not away but he was too strong. and he
having her period. They later found out that succeeded in inserting his penis inside her
she was pregnant. AAA's aunt revealed that vagjna. AAA continued resisting despite
Allan Corpuz raped AAA. A neuropsychiatric being afraid that Rubio would hurt her. After
examination was conducted and revealed some time, Rubio ejaculated outside her
that her intelligence level was equivalent to vagjna. Is Rubio guilty of qualified rape?
Moderate Mental Retardation. When AAA
testified, she positively identified Allan as the A: YES. The case falls under Article 266-B (2).
father of her child and that when she was 13 Being AAA's father, Rubio is presumed to have
years old, Allan had sex with her on four (4) employed force and/or intimidation. The fear
occasions, each of which h e gave her money. towards her father was more than enough to
ls the qualifying circumstance of Rape under intimidate her to submit to his lewd advances
Article 266-8 (10) present in this case? without shouting for help. (People v. Rubio, G.R.
No.195239, March 7, 2012)
A: NO. Rape is qualified "when the
offender knew of the mental disability, Q: Paolo and Marga are husband and wife.
emotional disorder and/or physical handicap of Marga refuses to have sexual intercourse
the offended party at the time of the commission with her husband so the latter used force and
of the crime." This qualifying circumstance intimidation against her. Paolo was able to
should be particularly alleged in the penetrate his penis inside Marga's vagjna. Is
Information. A mere assertion of the victim's Paolo guilty of rape?
mental deficienty is not enough. Allan can only
be convicted of four (4) counts of rape under A: YES. A woman is no longer the chattel­
Article 266-A l(d) of the Revised Penal Code antiquated practices labeled her to be. A
because the prosecution failed to allege the husband who has sexual intercourse with his
qualifying circumstance in the Information. wife is not merely using a property, he is
(People v. Corpuz, G.R. No. 208013,July 3, 2017, as fulfilling a marital consortium with a fellow
penned by]. Leanen} human being with dignity equal to that he
accords himself. He cannot be permitted to
Q: AAA awoke to the sound of BBB's pleas for violate this dignity by coercing her to engage in a
mercy. Aided by the kerosene lamp placed on sexual act without her full and free consent.
the Door, AAA saw BBB being mauled and (People v. Jumawan, G.R. No. 187495, April 21,
stabbed to death by Alejandro and Angeles. 2014)

Thereafter, Angeles approached AAA and Q: AAA, a 67-year-old woman, was fast asleep
restrained her arms, while Alejandro pulled when Bill covered her mouth, threatened her
AAA's pants and underwear down and with a knife and told her not to scream
started having carnal knowledge of her. After because he will have sexual intercourse with
Alejandro was done, he switched places with her. Thereafter, he removed AAA's
Angeles and the latter took his turn ravishing underwear.
AAA. Are the accused liable for simple rape?
However, his pews was not yet erected so he
A: Alejandro and Angeles are liable for the crime toyed with AAA's sexual organ by licking it.
of Qualified Rape. Court deems it proper to He then made his way up and tried to suck
upgrade the conviction in said case from Simple AAA's tongue. Once done, Bill held his penis
Rape to Qualified Rape. Article 335 of the RPC and inserted it to AAA's vagjna. In his
states that if the rape is committed under certain defense, Bill argued that during the entire
circumstances, such as when it was committed alleged incident, AAA never reacted at all. Is
by two (2) or more persons, the crime will be Bill guilty of rape?
Qualified Rape, as in this instance. (People v.
Alejandro andAngeles, G.R. No. 225608, March 13, A: YES. Bill is guilty of rape. The force, violence,
2017) or intimidation in rape is a relative term,
depending not only on the age, size, and strength
Q: At around two p.m., AAA was sleeping of the parties but also on their relationship with
inside their house with her two-year old each other. AAA was already 67 years of age
sister and three-year old brother. Rubio, when she was raped in the dark by Bill who was

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armed with a knife. A woman of such advanced A: YES. Marital rape is recognized in Article 266-
age could only recoil in fear and succumb into C of the RPC which provides that in case it is the
submission. In any case, with such shocking and legal husband who is the offender, the
horrifying experience, it would not be subsequent forgiveness by the wife as the
reasonable to impose upon AAA any standard offended party shall extinguish the criminal
form of reaction. Different people react action or penalty.
differently to a given situation involving a
startling occurrence. (People v. Jastivo, G.R. No. Incestuous rape
199268, February 12, 2014)
It refers to rape committed by an ascendant of
NOTE: Impregnation of a woman is not an the offended woman. In incestuous rape of a
element of rape. minor, proof of force and violence exerted by the
offender is not essential. Moral ascendancy or
Q: On September 22, 2001, XXX, a 16-year old parental authority of the accused over the
girl, and her uncle, Abat, went to poblacion to offended party takes the place of violence.
buy medicine, with permission of XXX's
parents. Q: XXX, a 13-year-old girl, testified that her
father, De Chavez, raped her. Her sister, YYY
Instead of proceeding to the poblacion, Abat saw what happened and testified as well. Dr.
drove to another barangay. Upon reaching Roy camarillo, the Medico-Legal Officer who
the barangay, Abat dragged XXX inside a conducted laboratory examination on XXX,
deserted nipa hut. Abat undressed himself found the presence of deep healed
then laid XXX down on a bamboo bed. Abat lacerations on XXX's organ. De Chavez
inserted his penis into XXX's vagina. XXX contends that the prosecution was not able to
tried to push Abat away but the latter prove the accusations against him beyond
threatened to kill her and and her family if reasonable doubt. Is his contention correct?
she would tell anybody about the ·act". Abat
made a push and pull movement, after which A: NO. His contention is not correct. There is
he ejaculated. sufficient basis to conclude the existence of
carnal knowledge when the testimony of a rape
The following day, Abat brought XXX home. victim is corroborated by the medical findings of
XXX told her parents about the incident. Abat the examining physician as "lacerations, whether
was charged with rape. O n April 24, 2002, healed or fresh, are the best physical evidence of
XXX gave birth to a baby girl. Abat contends forcible defloration." In this case, the victim's
that if it were true that he raped XXX in testimony is corroborated not only by her sister
September 2001, then the baby girl XXX gave but also by the medical findings of the examining
birth to in April 2002 would have been born physician, who testified that the presence of
prematurely; since the baby appeared to be deep healed lacerations on the victim's genitalia,
healthy, she could not have been the result of is consistent with the dates the alleged sexual
the alleged rape in September 2001. Is Abat's acts were committed. (People v. De Chavez, GR.
contention correct? No. 218427, 31 January, 2018)

A: NO. In any event, the impregnation of a srannnrxcane


woman is not an element of rape. XXX's
pregnancy, therefore, is totally immaterial in this Sexual intercourse with a girl below 12 years old
case. For the conviction of an accused, it is is stat utory rope. (People v. Espino, G.R. No.
sufficient that the prosecution establishes 183564,June 29, 2011)
beyond reasonable doubt that he had carnal
knowledge of the offended party and that he had Elements nfsran,rory raoe
committed such att under any of the
circumstances under Article 266-A of the RPC. 1. That the offender had carnal knowledge of
(People v. Abot G.R. No. 202704, April 2, 2014) the victim;
2. That the victim is below twelve (12) years
Marital Rape old; (People v. Apottod, G.R. No.193188,
August 10, 2011), and
Q: Can rape be committed by a husband? 3. When the woman is under 12 years of age or
is demented, sexual intercourse with her is
always rape, even if the sexual intercourse

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CRIMINAL LAW

was with her consent. This is because the identification of the offender is essential only
law presumes that the victim, on account of when there is a question or doubt on whether
her tender age, does not and cannot have a the one alleged to have committed the crime is
will of her own. the same person who is charged in the
information and subject of the trial. (People v.
Q: Suppose a 13-year old retarded woman Garin, GR. No. 222654, Feb. 21, 2018)
with mental capadty of a 5-year old had
sexual intercourse with a man, what is the Q: AAA, 10 years old, went home from school
crime committed? at around 12 noon to have lunch. On the way
home, she met Gutierez at bis house. He
A: Statutory rape. Her mental and not only her brought her to his room, laid her down on the
chronological age are considered. (People v. bed and bad carnal knowledge of her. He
Manlapaz, C.R. No. L-41819, February 28, 1978) then gave her PS.00 before she went back to
school. AAA went back to school at about
Generally to srare the exacr or at least the 2:10 p.m. Her adviser asked her where she
aooroximare dare the onrnorred cane was came from because she was tardy. AAA
committediSnot necessary admitted she came from "Uncle Rod." AAA
then was brought to the comfort room where
GR: Time is not an essential element of the crime another teacher inspected her panties. She
of rape. What is important is that the was eventually brought to a hospital where
information alleges that the victim was a minor she was examined.
under twelve years of age and that the accused
had carnal knowledge of her, even if the accused An Information was filed against Gutierez
did not use force or intimidation on her or charging him of statutory rape under
deprived her of reason. Art.266-A of the RPC. During trial, AAA
disclosed that Gutiere,, had done the same
XPN: The date of the commission of the rape thing to her about 10 times on separate
becomes relevant only when the accuracy and occasions. After each act, be would give her
truthfulness of the complainant's narration ten or five pesos. Gutlere,, denied that AAA
practically hinge on the date of the commission went to his house on the day of the incident
of the crime. (People v. Dion, C.R. No. 181035, July and claimed be was already at work at 1:30
4, 2011) p.m. ls Gutierez guilty of statutory rape
beyond reasonable doubt?
NOTE: The date of the commission of rape is not
an essential element thereof, for the gravamen of A: YES. In statutory rape, force, intimidation and
the offense is carnal knowledge of a woman. The physical evidence of injury are not relevant
discrepancies in the actual dates the rapes took considerations; the only subjett of inquiry is the
place are not serious errors warranting a age of the woman and whether carnal
reversal of the appellant's conviction. What is knowledge took place. The child's consent is
decisive in a rape charge is the victim's positive immaterial because of her presumed incapacity
identification of the accused as the malefactor. to discern good from evil.
(People v. Mercado, C.R. No. 189847, May 30,
2011) In this case, the defense did not dispute the fact
that AAA was 10 years old at the time of the
Q: Romeo was convicted of rape through incident. AAA was able to narrate in a clear and
sexual assault. He claims that be should be categoric.al manner the ordeaJ that was done to
acquitted as the prosecution was not able to her. It is well·settled that when a woman, more
prove the accusations against him beyond so when she is a minor, says she has been raped,
reasonable doubt. He likewise puts in issue she says in effect all that is required to prove the
the fact that there was no in-court ravishment. The accused may thus be convicted
identification. solely on her testimony-provided it is credible,
natural, convincing and consistent with human
A: Jurisprudence consistently holds that nature and the normal course of things. (People
testimonies of minor victims are generally given v. Gutierez, C.R. No. 208007, April 2, 2014, as
full weight and credence as the court considers penned by J. Leanen)
their youth and immaturity as badges of truth
and sincerity. AJso, the fac.t that there was no in· Sweetheart theory in rape
court identification was of no moment. ln·court

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As held in People v. Cabanilla, the sweetheart It is settled that each and every charge of rape is
defense is an affirmative defense that must be a separate and distinct crime that the law
supported by convincing proof. Having an illicit requires to be proven beyond reasonable doubt.
affair does not rule out rape as it does not The prosecution's evidence must pass the
necessarily mean that consent was present. A exacting test of moral certainty that the law
love affair does not justify rape for a man does demands to satisfy the burden of overcoming the
not have an unbridled license to subject his appellant's presumption of innocence. (People v.
beloved to his carnal desires against her will. Arpon, C.R. No. 183563, December 14, 2011)
(People v. Cias, C.R. No.194379,June 1, 2011)
Reputation in the prosecution of rape,
The sweetheart theory applies in acts of immaterial
lasciviousness and rape, felonies committed
against or without the consent of the victim. It It is immaterial in rape, there being absolutely
operates on the theory that the sexual act was no nexus between it and the odious deed
consensual. It requires proof that the accused committed. A woman of loose morals could stm
and the vic.tim were lovers and that she be a victim of rape, the essence thereof being
consented to the sexual relations. For purposes carnal knowledge of a woman without her
of sexual intercourse and lascivious conduct in consent. (People v. Navarro, G. R. No. 137597,
child abuse cases under R.A. 7610, the October 24, 2003)
sweetheart defense is unacceptable. A child
exploited in prostitution or subjected to other EV'idence which max he ac-ceored in the
sexual abuse cannot validly give consent to orosen1tlon ofrane
sexual intercourse with another person. (People
v. Udang, C.R. No. 210161, January 10, 2018, as 1. Any physical overt act manifesting
penned byJ. Leonen) resistance against the act of rape in any
degree from the offended party; or
Bane shield rule 2. Where the offended party is so situated as to
render him/her incapable of giving consent.
The character of the woman is immaterial in (Art. 266-D, RPC)
rape. It is no defense that the woman is of
unchaste character, provided the illicit relations Cirn,mstantial Evidence
were committed \Yith force and violence.
In the case of People v. ZZZ, the Supreme Court
"Women's honor" Doctrine ruled that the commission of the crime of rape
may be proven not only by direct evidence, but
Women's honor doctrine or the so-called "Maria also by circumstantial evidence. Circumstantial
Clara Doctrine• posits that, it is a well-known evidence are "proof of collateral facts and
fact that women, especially Filipinos, would not circumstances from which the existence of the
admit that they have been abused unless that main fact may be inferred according to reason
abuse had at1:ually happened. This is due to their and common experience." In the absence of
natural instinct to protect heir honor. (People v. direct evidence, a resort to circumstantial
Tana, 109 Phil. 912, GR No. L-11991, Oct 31, evidence is usually necessary in proving the
1960) commission of rape. This is because rape '"is
generally unwitnessed and very often only the
NOTE: The Supreme Court in People v. Amore/a victim is left to testify for [him or) herself. It
and Rocho (C.R. No. 225642-43, January 17, becomes even more difficult when the complex
2018), through Justice Martires enunciated that crime of rape with homicide is committed
courts must not rely solely on the Maria Clara because the vit1:im could no longer testify. (C.R.
stereotype of a demure and reserved Filipino No. 228828, July 24, 2019, as penned by J.
woman. Rather, courts should stay away from Leonen)
such mindset and accept the realities of a
woman's dynamic role in society today; she who Absence ofSiens ofexrecnal ohxsiral iniuries
has over the years transformed into a strong and does not sienify lack ofresiSrance on the nart
confidently intelligent and beautiful person of the rape victim
willing to fight for her rights.
Resistance from the victim need not be carried
Necessity to prove every count of rape in to the point of inviting death or sustaining
cases of mulriole cane physical injuries at the hands of the rapist.

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NOTE: In rape, the force and intimidation must emphasized that a six-year-old child cannot be
be viewed in light of the victim's perception and expected to react similarly as an adult, given her
judgment at the time of the commission of the limited understanding of the evils of this world
crime. As already settled in jurisprudence, not all and the desires of men who have no bounds. It is
victims reac.t the same way. Moreover, for the same reason that this Court cannot
resistance is not an element of rape. A rape subscribe to the defense's assertion that private
victim has no burden to prove that she did all complainant's testimony should not be given
within her power to resist the force or weight. It is unfathomable that a six-year-old
intimidation employed upon her. As Jong as the child would be able to describe in such detail
force or intimidation is present, whether it was how she was ravaged by men she considered
more or less irresistible is beside the point protectors unless her statements were true. Her
(People v. Balda, G.R. No. 175238, February 24, candid, straightforward, and consistent
2009) testimony must prevail over the self·serving
allegations of the defense. Even when she was
Physical resistance need not be established in intimidated by the defense attorney, private
rape when intimidation is exercised upon the complainant, who was then eight (8) years old,
victim who submits against her will to the did not falter, proving the attorney's attempt to
rapist's lust because of fear for her life or disparage her futile. (People v. Sumayod,
personal safety. (People v. Tuazon, G.R. No. supra)
168650, October 26, 2007)
Amedim-leeal findioe in the ocnsecutinn of
Phvsiral resistance need oat he esrahliShed rane cases notiodiSoensable
to prove the commission of rape
The medico-legal findings are ·merely
It has long been established that a victim's corroborative in character and is not an element
failure to struggle or resist an attack on his or of rape". The prime consideration in the
her person does not, in any way, deteriorate his prosecution of rape is the victim's testimony, not
or her credibility. Physical resistance need not necessarily the medical findings; a medical
be established to prove the commission of a rape examination of the victim is not indispensable in
or sexual assault, as the very nature of the crime a prosecution for rape. The victim's testimony
entails the use of intimidation and fear that may alone, if credible, is sufficient to convict an
paralyze a victim and force him or her to submit accused. (People v. Perez, G.R. Na. 191265,
to the assailant. (People v. Sumayad, G.R. No. September 14, 2011)
230626, March 9, 2020, os penned by/. Leonen)
Q: 11-year old "AAA" went to the Pasig public
Q: AAA was 6 years old when she was raped market to buy a pair of slippers. However,
by Eliseo multiple times. AAA revealed this to "AAA" was not able to buy her pair of slippers
BBB, her grandmother. Subsequently, Eliseo because appellant suddenly grabbed her left
was charged with rape and rape by sexual arm and pulled her towardis the nearby Mega
assault. The RTC found Eliseo guilty of the Parking Plaza.
crime charged. On appeal, the CA affirmed
the ruling of the trial court. In bis brief, Upon reaching the fourth Door of Mega
Eliseo put private complainant AAA's Parking Plaza, appellant pulled "AAA's"
credibility in question, contending that the shorts and panty down to her knees.
Regional Trial Court erred in basing their Appellant then sat on the stairs, placed "AAA"
conviction on her testimony given that her on bis lap, inserted bis penis into her vagina
allegations were contrary to common and performed push and pull movements.
experience. He asserted that private "AAA" felt pain in her vagina. Immediately
complainant's Jack of struMle, resistance, or upon seeing the sexual molestations, Boca,
the fact that she did not cry during the rapes the security guard, grabbed appellant's arm,
was unnatural. Is Eliseo's contention correct handcuffed him and brought him to the
thereby absolving him from criminal barangay ball. Is the appellant guilty of the
liability? crime of rape?

A: NO. Different people have varying reactions A: YES. Appellant is guilty of the crime of rape.
during moments of trauma; more so, a six (6) Testimonies of child-victims are normally given
year old child being attacked by people whom full weight and credit, since when a girl,
she believed to be her protectors. It must be particularly if she is a minor, says that she has

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been raped, she says in effect all that is When Ricalde returned to the sofa, XXX ran
necessary to show that rape has in fact been toward his mother's room to tell her what
committed. When the offended party is of tender happened. He also told his mother that
age and immature, courts are inclined to give IUcalde played with his sexual organ. XXX's
credit to her account of what transpired, mother armed herself with a knife for self­
considering not only her relative vulnerability defense when she confronted Ricalde about
but also the shame to which she would be the incident, but he remained silent. She
exposed if the matter to which she testified is asked him to leave. Is Ricalde guilty of the
not true. Youth and immaturity are generally crime of rape?
badges of truth and sincerity. The absence of
fresh lacerations in Remilyn's hymen does not A: YES. All the elements of rape is present in the
prove that appellant did not rape her. A freshly case at bar. Rape under the second paragraph of
broken hymen is not an essential element of Article 266-A is also known as "instrument or
rape and healed lacerations do not negate rape. objec.t rape," "gender-free rape," or "homosexual
In addition, a medical examination and a medical rape."
certificate are merely corroborative and are not
indispensable to the prosecution of a rape case. Any person who, under any of the circumstances
The credible disclosure of a minor that the mentioned in paragraph 1 hereof, shall commit
accused raped her is the most important proof of an act of sexual assault by inserting his penis
sexual abuse. (People v. De Jesus, G.R. No. 190622, into another person's mouth or anal orifice, or
October 7, 2013) any instrument or object, into the genital or anal
orifice of another person.
Crime committed if the victim was a minor
The gravamen of rape through sexual assault is
The accused can be charged with either Rape or '"the insertion of the penis into another person's
Child Abuse and be convicted therefor. The case mouth or anal orifice, or any instrument or
of People v. Abay (G.R. No. 177752, February 24, objec.t, into another person's genital or anal
2009) is enlightening and instructional on this orifice." (Rica/de v. People, G.R. No. 211002,
issue. If the victim is 12 years or older, the January 21, 2015, as penned byJ. Leanen)
offender should be charged with either sexual
abuse under Section S(b) of R.A. 7610 or rape Hvmenal Lacecation
under Art. 266-A (except par. l[d)) of the RPC.
However, the offender cannot be accused of both Q: AAA narrated that, she had fallen asleep
crimes for the same act because his right against after doing laundry, while her stepfather,
double jeopardy will be prejudiced. A person ZZZ, was doing carpentry works. Suddenly,
cannot be subjected twice to criminal liability for she woke up and found ZZZ on top of her, his
a single criminal act. Likewise_. rape cannot be lower body naked. He then sat on the Ooor
complexed with a violation of Section S(b) of with his penis showing and removed her
R.A. 7610. Under Sec. 48 of the RPC on complex short pants and underwear, after which he
crimes, a felony under the RPC (such as rape) went back on top of her and masturbated, He
cannot be complexed with an offense penalized took AAA's hands and put them on his penis,
by a special law. (People v. Dahilig G.R. No. telling her that if she became pregnant, "he
187083,June 13, 2011) would be happy.· ZZZ then succeeded in
having carnal knowledge with AAA.
Q: XXX (then a 10-year old boy) requested his
mother to pick up Ricalde at McDonald's Bel­ Upon examination, it was found that there
Air, Sta. Rosa. IUcalde, then 31 years old, is a was redness and abrasion on the right side of
distant relative and textmate of XXX. the victim's labia minora, ·caused by a
smooth, soft object.• ZZZ testified that AAA's
After dinner, XXX's mother told IUcalde to mother, BBB, arrived and she opened the
spend the night at their house as it was late. door at once. BBB asked ZZZ if he raped AAA,
He slept on the sofa while XXX slept on the which he denied. He was around 12 meters
living room Ooor. It was around 2:00 a.m. away from AAA, holding a hammer on the
when XXX awoke as "he felt pain in his anus window. ZZZ claimed that BBB was
and stomach and something inserted in his influenced by her cousins to accuse him. The
anus.· He saw that Ricalde "fondled his cousins were allegedly mad at him and
penis.· wanted BBB and him to separate since he

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was "not a useful person.· Is ZZZ guilty of the In reviewing rape cases, the Court is guided by
crime of rape beyond reasonable doubt? three settled principles:

A: YES. AM's recollection on how ZZZ 1. An accusation of rape can be made with
committed the crime was detailed; her facility and while the accusation is difficult
testimony, consistent. Likewise, the absence of to prove, it is even more difficult for the
hymenal laceration fails to exonerate ZZZ. This person accused, although innocent, to
Court has consistently held that an intact hymen disprove;
does not negate the commission of rape. The 2. Considering the intrinsic nature of the
absence of external signs or physical injuries on crime, only two persons being usually
the complainant's body does not necessarily involved, the testimony of the complainant
negate the commission of rape, hymenal should be scrutinized with great caution;
laceration not being, to repeat. an element of the and
crime of rape. (People v. ZZZ, C.R. No. 229862, 3. The evidence for the prosecution must stand
June 19, 2019, as penned byJ. Leonen) or fall on its own merit, and cannot be
allowed to draw strength from the weakness
Attemored raoe vis-a-vis Acrs Qf of the evidence for the defense. (People v.
lasrivin,,sness Ogarte, C.R. No.182690, May 30, 2011)

ACTS OF Q: ZZZ was charged with the crime of rape


ATTEMPTED RAPE after be allegedly had carnal knowledge of
LASCIVIOUSNESS
bis granddaughter, AM, against her will. The
There is intent to There is no intention to prosecution offered the testimonies of the
effect sexual lie with the offended victim AM and Barangay Captain Manuel
cohesion, although woman. The intention Lotec. The victim, AM, presented a
unsuccessful. is merely to satisfy straightforward and positive testimony that
lewd desi n. her grandfather raped her. Barangay Captain
Lotec testified that when AM told him that
Q: Braulio invited Lulu, his ll•year old ZZZ raped her, Barangay captain Lotec
stepdaughter, inside the master bedroom. He brought her to the police station where a
pulled out a knife and threatened her with police officer and a local soda) worker
harm unless she submitted to bis desires. He attended to her. Upon cross•examination,
was touching her chest and sex organ when Barangay Captain Lotec described AM
his wife caught him in the act. during their conversation as "pale and
trembling." Was the prosecution able to
The prosecutor is unsure whether to charge prove beyond reasonable doubt the guilt of
Braulio for acts of Jasdviousness under Art. the accused-appellant Xl.Z for the crime of
336 of the RPC, for lascivious conduct under rape?
R.A. 7610 (Spedal Protection against Child
Abuse, Exploitation, and Discrimination Act), A: YES. In determining a vit1:im's credibility in
or for rape under Art.266·A of the RPC. What rape cases, courts should be wary of adopting
is the crime committed? Explain. (BAR 2016) outdated notions of a vittim's behavior based on
gender stereotypes. Regardless of such
A: The acts of Braulio of touching the chest and preconceptions, conviction may be warranted
sex organ of Lulu who is under 12 years of age, based ·solely on the testimony of the victim,
are merely acts of lasciviousness and not provided of course, that the testimony is
attempted rape because intent to have sexual credible, natural, convincing. and consistent
intercourse is not clearly shown. (People v. with human nature and the normal course of
Banzue/a, C.R. No. 202060, December 11, 2013) things."
To be held liable of attempted rape, it must be
shown that the erectile penis is in the position to In this case, AM's account of having been
attacked by accused·appellant was sufficiently
penetrate (Cruz v. People, C.R. No. 166441,
corroborated by Barangay Captain Lotec's
October 8, 2014) or the offender at1:ually
commenced to force his penis into the victim's testimony that he saw AM "pale and trembling."
Such description is based on his personal
sexual organ. (People v. Banzue/a, supra)
knowledge, having actually observed and spoken
to AM regarding her ordeal. This, taken with the
Prindoles in ceviewine cane cases prosecution's other corroborating evidence and

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AAA's straightforward identification of accused­


appellant as the perpetrator, makes AAA's
testimony sufficiently credible independent of
her perceived propensity for truthfulness based
on gender stereotypes. (People v. ZZZ, G.R. No.
229209, February 12, 2020, as penned by J.
Leonen)

Q: Cruz and his wife employed AAA and BBB


to help them in their plastic and glassware
business during a town fiesta in La Union.

After fixing the wares in order for display


they went to bed inside the tents. Less than
an hour passed, AAA was awakened with
Cruz on top of her mashing her breast and
touching her vagina. AAA fought back and
was able to free herself from Cruz. She went
out to seek for help. Is Cruz guilty for the
crime of attempted rape?

A: NO, Cruz is not guilty of attempted rape. The


intent to commit rape must be inferred from
overt atts directly leading to rape. In embracing
AAA and touching her vagina and breasts did not
directly manifest his intent to lie with her. The
lack of evidence showing his erectile penis being
in the position to penetrate her when he was on
top of her deterred any inference about his
intent to lie with her. At most. his acts reflected
lewdness and lust for her. (Cruz v. People, G.R.
No. 166441, October 8, 2014)

Q: Pojo raped AAA, but it took AAA 27 days


from the crime to report the ind dent of the
rape. Should AAA file a complaint later on,
will ii affect her credibility as a complaining
witness?

A: NO. A delay in reporting the incident of rape


does not diminish the credibility of the
complaining witness. (People v. Pajo, G.R. Na.
183709, December 6, 2010)

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CRIMES AGAINST PERSONAL P03 Borja, G.R. No. 199710, August 2, 2017, as
LIBERTY AND SECURITY penned byJ. Leanen)

KIDNAPPING AND SERIOUS 2. He kidnaps or detains another, or in any


ILLEGAL DETENTION other manner deprives the latter of his
ART. 267, RPC liberty;
3. Act of detention or kidnapping must be
Elements [2006 BAR) illegal; and
4. In the commission of the offense, any of the
1. Offender is a private individual who is not following circumstances is present: (2009
any of the parents of the victim; BAR)

NOTE: If the offender is a public officer who a. Kidnapping or detention lasts for more
has the authority to arrest or detain a than 3 days; (2014 BAR)
person, the crime committed is Arbitrary b. It is committed simulating public
Detention. authority;
c. Any serious physical injuries are
Q: Ronalyn Manatad was walking with her inflicted upon the person kidnapped or
friend in Quezon City, when a man who was detained or threats to kill him are made;
later identified to be P03 Julieto Borja, or
grabbed Ronalyn's right forearm and took d. The person kidnapped or detained is a
her inside a van where three (3) other men minor, female, or a public officer. (1991,
were wailing. The abductors called Ronalyn's 2005 BAR)
brother, Edwin and demanded Pl00,000 in
exchange for Ronalyn's liberty. Edwin sought NOTE: In case of a minor, the kidnapper must
assistance from the National Anli­ not be one of the parents.
Kldnapping Task Force. When Edwin and
P03 Borja met at Wildlife Park for the For the crime of kidnapping to exist, there must
exchange of the ransom money, the police be indubitable proof that the actual intent of the
operatives immediately arrested P03 Borja. malefactors was to deprive the offended party of
her liberty, and not where such restraint of her
However, they failed to rescue Ronalyn. The freedom of action was merely incident in the
kidnappers of Ronalyn thereafter took her to commission of another offense primarily
the Philippine Drug Enforcement Agency intended by the offenders. (People v. Puno, G.R.
where she was charged with illegal sale of No. 97471, February 17, 1993)
shabu.
Essence ofrbe crime nfkidnannine
The RTC found P03 Borja guilty beyond
reasonable doubt of kidnapping for ransom. The actual deprivation of the victim's liberty,
Can P03 Borja as a public official b e coupled with the intent of the accused to effect
prosecuted for the crime of kidnapping? it. (People v. Jacalne, G.R. No. 168552, October 3,
2011)
A: Although the crime of kidnapping can only be
committed by a private individual, the fact that NOTE: The original Spanish version of Art. 267
the accused is a public official does not used the term lock up (encarcerar) rather than
automatically preclude the filing of an kidnap (sequestrator or raptor) which includes
information for kidnapping against him. A public not only imprisonment of a person but also the
officer who detains a person for the purpose of deprivation of his liberty in whatever form and
extorting ransom cannot be said to be acting in length of time. (People v.Jatulan, GR. No. 171653,
an official capacity. April 14, 2007)

P03 Borja's membership in the Philippine When detention is considered meeal


National Police does not automatically preclude
the filing of an information for kidnapping or When such detention is not ordered by a
serious illegal detention against him. He may be competent authority or not permitted by law.
prosecuted under Article 267 of the Revised
Penal Code if it is shown that he committed acts
unrelated to the functions of his office. (People v.

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Crimes that maxhe oossihlx rnmmitted when chatting with her. Lerio then told Anniban
a female is transported from one place to that she would take the infant outside to
annthec bask him under the morning sun but the
latter refused,
1. Forcible abduction - If a woman is
transported from one place to another by A few minutes later, Anniban realized that
virtue of restraining her of her liberty and Lerio and her child were no longer in the
that act is coupled with lewd designs. house. After searching, Anniban found her
2. Kidnapping with serious illegal d etention infant child, Lerio's boyfriend, and Lerio on
- If a woman is transported just to restrain board a vessel. Lerio, together with co­
her liberty. There is no lewd design or accused were charged with Kidnapping of a
intent. Minor. Are they liable as charged?
3. Grave coercion - If a woman is carried away
just to break her will, to compel her to agree A: YES. All the elements of kidnapping under
to demand or request by the offender. Art. 267, par. 4 are present. The prosecution has
adequately and satisfactorily proven that
Deprivation as contemplated in Article 267. accused-appellant is a private individual; that
lli accused-appellant took one-month old baby
Justin Clyde from his residence, without the
Deprivation required by Article 267 of the RPC knowledge or consent of, and against the will of
means not only the imprisonment of a person, his mother: and that the victim was a minor,
but also the deprivation of his liberty in one-month old at the time of the incident. the
whatever form and for whatever length of time. fact of which accused-appellant herself admitted.
It involves a situation where the victim cannot (People v. Lerio, G.R. No. 209039, December 09,
go out of the place of confinement or detention 2015)
or is restricted or impeded in his liberty to
move. If the victim is a child, it also includes the Q: Suppose the kidnapped victim
intention of the accused to deprive the parents disappeared, will such disappearance negate
of the custody of the child. (People v. Baluya, G.R. criminal liability of the kidnappers?
No. 181822, April 13, 2011)
A: NO, In kidnapping, the essential element is
Q: Jomarie, a minor, was dragged to the deprivation of the victim's liberty and the
house of Gutierrez after she refused to go subsequent disappearance of the victim will not
with him. Upon reaching the house, be tied exonerate the accused from prosecution.
her bands, When Jomarie pleaded that she be
allowed to go home, be refused. Although Otherwise, kidnappers can easily avoid
Jomarie only stayed outside the house, it was punishment by the simple expedient of
inside the gate of a fenced property which is disposing of their victim's bodies. (People v.
high enough such that people outside could Bemal, G.R. No. 113685.June 19, 1997)
not see what happens inside. Was there
kidnapping? Effecr of the xnhrnrarx release of the victim
on the criminal liability of the kidnappers
A: YES. When Gutierrez tied the hands of C2004RABl
Jomarie, the farmer's intention to deprive
jomarie of her liberty has been clearly shown. 1. If it is serious illegal detention, the voluntary
For there to be kidnapping, it is enough that the release has no effect on the criminal
victim is restrained from going home. liability of the offenders.
2. If it is slight illegal detention, the voluntary
Because of her tender age, and because she did release will mitigate the criminal liability of
not know her way back home, she was then and the offenders.
there deprived of her liberty. It has been 3. In kidnapping for ransom, voluntary release
repeatedly held that if the victim is a minor, the will not mitigate the crime.
duration of his detention is immaterial. (People
v.Jacolne, G.R. No. 168552, October 3, 2011) Ransom
Q: Anniban and Lerio are neighbors. Lerio The money, price or consideration paid or
entered the house of Anniban, laid down demanded for the redemption of a captured
beside the infant child of Anniban and began

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person or persons, the payment of which 3. Kidnapping with physical injuries.


releases them from captivity.
Q: Rafael was fordbly dragged and poked
No specific fonn of ransom is required to with a gun by the accused. Upon Rosalina's
consummate the felony of kidnapping for plea for pity due to Rafael's existing heart
ransom, as long as the ransom was intended as a ailment, Rosalina was allowed to apply CPR.
bargaining chip in exchange for the victim's Later that afternoon, while being detained
freedom. (People v. Jatulan, GR. No. 171653, inside a room, unknown to Rosalina, Rafael
Apri/14, 2007) had just died and his body was placed inside
the trunk of a car. What crime was
Demand fnr ransom is oat necessacx to committed?
consummare the crime
A: The special complex crime of Kidnapping with
Asking for ransom money is not an element of Homicide due to R.A. 7659, which amended
the offense. No specific form of ransom is Article 267 of the RPC. As expounded in People v.
required to consummate the felony of Romos (G.R. No. 118570, October 12, 1998),
kidnapping for ransom so long as it was where the person kidnapped is killed in the
intended as a bargaining chip in exchange for the course of the detention, regardless of whether
victim's freedom. Neither actual demand for nor the killing was purposely sought or was merely
actuaJ payment of ransom is necessary for the an afterthought, the kidnapping and murder or
crime to be committed. It is enough if the crime homicide can no longer be complexed under Art.
was committed for the purpose of extorting 48, nor be treated as separate crimes, but shall
ransom. (People v. Salimbago, G.R. No. 121365, be punished as a special complex crime under
September 14, 1999) the last paragraph of Art. 267, as amended by
R.A. 7659. (People v. Montanir, et. al, G.R. No.
Qualifying circumstances of the crime of 187534, April 4, 2011)
kidnannine and seriousilleeal derention
Q: Suppose aside from demanding money,
1. If the purpose of the kidnapping is to extort two persons were killed on occasion of
ransom; kidnapping. what is the crime committed?

NOTE: If the victim is kidnapped and A: Kidnapping for ransom with homicide (not
illegally detained for the purpose of double homicide) is committed. Regardless of
extorting ransom, the duration of his the number of killings or death that occurred as
detention is immaterial. (People v. Romos, a consequence of the kidnapping, the
G.R. No. 178039 January 19, 2011) appropriate denomination of the crime should
be the special complex crime of kidnapping for
2. When the victim is killed or dies as a ransom with homicide. (People v. Reyes, G.R. No.
consequence of the detention; 178300, 581 SCRA 691, March 17, 2009)
3. When the victim is raped; or
4. When the victim is subjec.ted to torture or When the rakine of the victim is onlv
dehumanizing acts. incidental to the basic purpose to kill

NOTE: If the vit1:im is a woman or a public The crime is murder and not the special complex
officer. the detention is always serious no matter crime of kidnapping with homicide because the
how short the period of detention is. primordial intent is to kill the victim and the
deprivation of liberty is merely incidental
Soecial comolex crimes that max arise in thereto. (People v. Delim, G.R. No. 142773,
kidnaooine Jonuory 28, 2003)

1. Kidnapping with murder or homicide; When other persons, not the victims
themselves ace kHled on the ocraSioo of
NOTE: Homicide is used in the generic sense kidnaooine
and includes murder because the killing is
not treated as a separate crime but a Two separate crimes of murder or homicide and
qualifying circumstance. kidnapping are committed. The killing would be
treated as a separate crime.
2. Kidnapping with rape; or

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BOOK II - CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Q: The accused detained the victim AAA for rape.


39 days and raped her four (4) times, is the
The crime is The crime is
RTC correct in its ruling that kidnapping with composite or a complex under
rape, four counts or rape and rape through special complex Art. 48 since
sexual assault were committed? Asto crime if the forcible
p/urali t woman kidnapped abduction is a
A: NO. The crime committed was a special yo/ is also raped necessary
complex crime or kidnapping with rape. crimes means to
Emphatically, the last paragraph or Article 267 commit the
or the Revised Penal Code, as amended, states rape
that when the vittim is killed or dies as a
consequence of the detention or is raped, or is Asto There is no lewd There is lewd
subjected to torture or dehumanizing acts, the lewd design design
maximum penalty shall be imposed. This desians
provision gives rise to a special complex crime. Rape is not a Rape may be
Asto
separate crime but treated as a
Notably, however, no matter how many rapes treatme
merely a separate crime.
had been committed in the special complex ntof qualifying
crime or kidnapping with rape, the resultant rape
circumstance.
crime is only one kidnapping with rape. In a way, Even if there are If there are
R.A. 7659 depreciated the seriousness or rape multiple rapes, multiple rapes,
because no matter how many times the victim there is only one only one rape
was raped, like in the present case, there is only crime or shall be
one crime committed - the special complex kidnapping with complexed with
crime or kidnapping with rape. (People v. rape. forcible
Mirandilla,Jr., G.R. No. 186417,July 27, 2011) Asto abduction
conside because the
Q: If the crime or kidnapping was committed ration abduction is a
through conspiracy and rape was committed of necessary
on the occasion thereof, but one or the mu/tip/ means to
conspirators were no longer assocfated with e ropes commit only the
the one who raped the victim, can he be held first rape, thus
liable for kidnapping with rape? the other rape
incidents will
A: NO. There was no opportunity to prevent his be treated as
co-conspirators from raping the victim because separate
at the time of rape, he was no longer associated crimes.
with his co-conspirators. He cannot be held If rape was merely If rape is merely
liable for the subsequent rape or the victim. attempted, 2 attempted,
(People v. Anticamara et al, G.R. No. 178771, June separate crimes there is only
8, 2011) Asto
are committed· forcible
treatme kidnapping and abduction, the
nt of
Kidnaooioe with Bane vis-ta-vis Enrrihle attempt attempted rape. attempt to rape
AhdnWnn wilh Rane is deemed
ed rape a
merely
FORCIBLE manifestation of
lewd desiPns.
KIDNAPPING ABDUCTION
BASIS
WITH RAPE WITH RAPE
(2014 BAR) Kidnapping vis-A-vis Forcible Abduction

The crime is The crime is


FORCIBLE
composite or a complex under KIDNAPPING
ABDUCTION
Asto special complex Art. 48 since
pluralit crime if the forcible
yo/ woman kidnapped abduction is a At the outset, the At the outset, the
crimes is also raped necessary intention of the taking or the victim
means to offender is merely to is coupled with
commit the detain the victim. lewd designs.

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Kidnapping for Ransom vis-�-vis Robbery, 1. Voluntarily releases the person so


insofar as the delivery of money to the kidnapped or detained within l days from
offenders is concerned the commencement of the detention;
2. J&ithout having attained the purpose
intended and
KIDNAPPING FOR
ROBBERY 3. .B,efore the institution of criminal
RANSOM
proceedings against him, his liability is
Ransom is paid in The motive of the mitigated. (1997, 2004 BAR)
exchange for the offenders is not to
offended party's restrain or deprive the It is a privileged mitigating circumstance
liberty. victim of his liberty but because the penalty is lower by one degree. But,
to divest him of his it must show that he was in a position to prolong
valuables. the detention for more than three days and yet
he released the person detained within that
time.
Illegal Detention vis-�-vis Arbitrary
Derention No mitigation of the penalty is allowed when the
proceedings have already been instituted for in
this case, the accused already acted because of
ILLEGAL ARBITRARY fear rather than repentance.
DETENTION DETENTION
Committed by a Committed by a public UNLAWFUL ARREST
private person who officer who detains a ART. 269, RPC
kidnaps, detains, or person without legal
otherwise deprives grounds Elements CNn-A-Dl
another of his
liberty 1. Offender .arrests or detains another person;
2. Purpose of the offender is to ,lleliver him to
Crime is against Crime against the the proper authorities; and
personal liberty fundamental law of the 3. Arrest or detention is .!!!lt authorized by law
and securitv State or there is no reasonable ground therefor.

SLIGHT ILLEGAL DETENTION NOTE: In unlawful arrest, the illegal detention is


ART. 268, RPC only incidental. However. if it is arbitrary
detention, it is the unlawful arrest which is
Elements CPJCKJ incidental.

1. Offender is a wivate individual; Essence ofrbe crime nf1mlawfularrest


2. He 11.idnaps or detains another, or in any
other manner deprives him of his liberty; The arrest must be made for the purpose of
3. Act of kidnapping or detention is ,illegal; delivering the person arrested to the proper
and authorities but it was made without any
4. Crime is committed without the attendance reasonable grounds therefor.
of any of the .circumstances enumerated in
Art. 267. NOTE: If the purpose is not to deliver the person
to the proper authorities, the crime could be
NOTE: If there is a demand for ransom, the Illegal Detention under Art. 267 or 268 of the
penalty is Reclusion Perpetua to death just like RPC since the person arrested would necessarily
when what was committed was serious illegal be deprived of his liberty.
detention and a demand for ransom was made.
Persons liable under thiSacticJe
Effect of the volnnracx release of the vicrim
on rhecriminalliahilirv nfthe kidoaonecs Offender is any person, whether a public officer
or a private individual. However, the public
If the offender: (38W) officer must not be vested with the authority to
arrest or detain a person or must not act in his
official capacity. Otherwise, Art. 124 (Arbitrary
detention) is applicable and not Art. 269.

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BOOK II - CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

If the offender is a public officer or a Jaw stop and frisk search, petitioners failed to cite
enforcer and he arrested or detained, without any suspicious circumstance that warranted
legal or reasonable ground, any person within Pacis' immediate arrest. Petitioners argue that
his jurisdit1:ion for the purpose of delivering him due to the numerous reports of stealing nipa
to the proper authorities, such officer is guilty of leaves, it was reasonable for them to suspect
Arbitrary Detention under Art. 124 of the RPC. that Pacis violated the law. This argument falls
short in light of three (3) things: (1) they were
If the person arrested or detained is not within aware that ALIMANGO existed, whose members
his jurisdiction, the officer's act would constitute were authorized to harvest nipa; (2] they
Unlawful Arrest under this article. personally knew Pacis; and (3) they were
uncertain that Cabalit owns the land where they
Raraoeav kaeawa,d and hacaneav raood not found Pads and his group. (Duropan v. People,
ouhHc officers cnntemolared wUhin the C.R. No. 230825, June 10, 2020, as penned by J.
QUCYiew ofArt 269 Leonen)

Q: Duropan and Coloma were Barangay Period ofderentionfixed hv law


Kagawad and Barangay Tanod, respectively,
of Lincod, Maribojoc, Bohol. Duropan, There is no period of detention fixed by law.
Coloma, and another barangay official saw What is controlling is the motive of the offender.
William Pads (Pads), Lino Baldoza Jr.,
Jeremias Moquila, Melvin Magbanua, and If his purpose is to deliver him to the proper
Ronne) Zambra harvesting nipa palm in a authorities, it is still unlawful arrest. But the
plantation, Coloma approached them and absence of this motive may be shown by the
asked who gave them authority to harvest. length of time the victim is detained.
Pads replied that they were ALIMANGO
members, cooperative duly registered which Crimes that max he committed ifa oerson iS
was authorized to develop, utilize, and arrested and/or detained
protect the Mangrove-Nipa Area in Lincod,
Maribojoc, Bohol. Despite their objections, 1. If the arrest is made without a warrant and
Pads' group was brought to the Police under circumstances not allowing a
Station of Maribojoc, Bohol. Upon warrantless arrest, the crime would be
investigation, Pads and his companions were unlawful arrest.
released The Maribojoc Chief of Police 2. If the person arrested is not delivered to the
determined that the barangay officfals had authorities, the private individual making
no legal basis to arrest Pads. Are Duropan the arrest incurs criminal liability for illegal
and Coloma liable under Article 269 of the detention under Art. 267 or 268.
RPC? 3. If the offender is a public officer, the crime is
arbitrary detention under Article 124.
A: YES. Petitioner Duropan was a barangay 4. If the detention or arrest is for a legal
kagawad, while petitioner Coloma was a ground, but the public officer delays
barangay tanod of Lincod, Maribojoc, Bohol. delivery of the person arrested to the proper
A barangay kagawad is a member of the judicial authorities, the crime is delay in the
legislative council of the sangguniang barangay, delivery of detained persons under Article
which enacts Jaws of local application. He or she 125.
is a person in authority, per Section 388 of the
Local Government Code. Meanwhile, a barangay Petav in the PeHverv of Perained Pecsons
tanod is deemed as an agent of persons in vis-A-vis Unlawful Arrest
authority whose duties are described in Section
388 of the Local Government Code. While DELAY IN THE
deemed as persons in authority and agents of DELIVERY OF UNLAWFUL ARREST
persons in authority, respectively, the barangay DETAINED PERSONS
kagawad and barangay tanod are not the public
officers whose official duty is to arrest or detain Detention is for some Detention is not
persons contemplated within the purview of legal ground authorized by Jaw
Article 269 of the Revised Penal Code. Even
Crime is committed by Committed by
granting that petitioners may have had the
failing to deliver such making an arrest not
authority to inquire into the surrounding
circumstances, and that what transpired was a oerson to the orooer authorized bv Jaw

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CRIMINAL LAW

judicial authority
within a certain period KIDNAPPING KIDNAPPING
The offender is a The offender is a AND SERIOUS AND FAILURE
BASIS
public officer who has private individual, or ILLEGAL TO RETURN A
the authority to arrest a public officer who DETENTION MINOR
or detain a person has no authority to Asta Offender is not Offender is
arrest or detain a
relation entrusted with entrusted with
person
o/ the custody of the custody of
offender the victim the minor
KIDNAPPING AND FAILURE TO to the
RETURN A MINOR victim
ART. 270, RPC Illegally What is punished
detaining or is the deliberate
Elements [2002 BAR) kidnapping the failure of the
Asta minor offender having
1. Offender is entrusted with the custody of a octs the custody of
minor person; and punished the minor to
2. He deliberately fails to restore the said restore him to
minor to his parents or guardians. his parents or
uardian
While one of the essential elements of this crime
is that the offender was entrusted with the
custody of the minor, what is actually being INDUCING A MINOR TO ABANDON HIS HOME
punished is not the kidnapping but the ART. 271, RPC
deliberate failure of that person to restore the
minor to his parents or guardians. Elements

As the penalty for such an offense is so severe, 1. A minor is living in the home of his parents
the Court further explained that "deliberate• as or guardian or the person entrusted with his
used in Article 270 means something more than custody; and
mere negligence · it must be premeditated, 2. Offender induces said minor to abandon
headstrong, foolishly daring or intentionally and such home.
maliciously wrong. (People v. Marquez, G.R. No.
181440, April 13, 2011) Inducement must be actual, committed with
criminal intent, and determined by a will to
Crime can be committed by the parents of the cause damage. The minor should not leave his
.1lli.wU: home of his own free will.

This happens where they live separately and the The minor actually need nN abandon the
custody of the minor is given to one of them, the home to commit the crime
other parent kidnaps such minor from the one
having the lawful custody of the child. It is not necessary that the minor actually
abandon the home to commit the crime. What
Absence of aux of the elements of Art 270 constitutes the crime is the act of inducing a
.!lli. minor to abandon his home or the home of his
guardians and it is not necessary that the minor
If any of the elements of Art 270 is absent, the actually abandons the home.
kidnapping of the minor will then fall under Art
267 (kidnapping and serious illegal detention), Rationale tor oenaHzine the crime of
but if the accused is any of the parents, Art. 267 in ducineaminortnabandon hishome
will not apply. Arts. 270 and 271 will apply.
It is intended to discourage and prevent
Kidoaonine and serious meeal derenfinn viS- disruption of filial relationship and undue
3-vis Kidnapping and failure to return a interference with the parents' right and duty to
.1lli.wU: the custody of their minor children and to rear
them.

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BOOK II - CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Kidnaooioe and serious meeal dereotion vis­ Elements CB-A-Bl


A-vis Inducing a minor to abandon his home
1. Offender .tetains a minor in his service;
KIDNAPPING AND INDUCING A MINOR 2. It is.against the will of the minor; and
SERIOUS ILLEGAL TO ABANDON HIS 3. It is under the pretext of reimbursing
DETENTION HOME himself of a debt incurred by an ascendant,
Art 267, RPC Art. 271, RPC guardian or person entrusted with the
Cannot be committed Parents can commit custody of such minor. (2006, 2009 BAR)
by the parents of the this crime against
minor their own children NOTE: Indebtedness is not a ground for
detention. However. if the minor consents to
render service and be retained under the pretext
SLAVERY
of reimbursing a debt incurred, there is no
ART. 272, RPC
crime. The debt must be that incurred by the
ascendants, guardian or custodian of the minor.
Elements
SERVICES RENDERED UNDER COMPULSION
1. Offender purchases, sells, kidnaps or detains
IN PAYMENT OF DEBT
a human being; and
ART. 274, RPC
2. The purpose of the offender is to enslave
such human being.
Elements {C-A-Pl
If a person was obliged to render service in
1. Offender i;ompels a debtor to work for him,
another's house as a servant without
either as household servant or farm laborer;
remuneration whatever and to remain there so
2. It is.against the debtor's will; and
long as he has not paid his debt, the crime of
3. The purpose is to require or enforce the
slavery is committed. (De /os Reyes v. Alojada,
J!.ayment of a debt. (2006 BAR)
G.R. No. 5671, August 24, 1910)
NOTE: If there is no creditor-debtor relationship
Qualifying circumstance in the crime of
between the offender and the offended party,
Slavecx coercion is committed.
When the purpose of the offender is to assign
Exploitation of child labor vis-A-vis Services
the offended party to some immoral traffic (e.g. ,
Prostitution). rendered under comnulSinn in navment of
.11.W
Slavecx vis-A-visWhite slave trade SERVICES RENDERED
EXPLOITATION OF
UNDER COMPULSION
WHITE SLAVE CHILD LABOR
SLAVERY IN PAYMENT OF DEBT
TRADE Art. 273, RPC
Art 274, RPC
The offender is not The offender is Victim is a minor Does not distinguish
engaged in engaged in whether victim is a
prostitution. prostitution. minor or not
Minor is compelled Debtor himself is the
Slavery vis-�-vis Illegal detention to render services one compelled to work
for the supposed for the offender
debt of his parent
SLAVERY ILLEGAL DETENTION or euardian
The offended party is detained. Service of minor is Limited to household
not limited to and farm work
The purpose for the The purpose is to household and farm
detention is to deprive or restrain the work
enslave the offended party of his
offended a liber
ABANDONMENT OF PERSONS IN DANGER
AND ABANDONMENT OF ONE'S OWN VICTIM
EXPLOITATION OF CHILD LABOR ART. 275, RPC
ART. 273, RPC
r,miShahle acrs

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CRIMINAL LAW

1. Failing to render assistance to any person NOTE: A permanent, conscious, and deliberate
whom the offender finds in an uninhabited abandonment is required in this article. There
place wounded or in danger of dying when must be an interruption of the care and
he can render such assistance without protection that a child needs by reason of his
detriment to himself, unless such omission tender age.
shall constitute a more serious offense.
Oualifxine Circnmstaoces under Art 276
Elements: (F-A-W-N) .I!!!!;.
a. The place is .11ot inhabited;
b. Accused found there a person .111:ounded 1. When death of the minor resulted from such
or in danger of dying; abandonment.
c. Accused can render a,s:sistance without
detriment to himself; and NOTE: Intent to kill cannot be presumed
d. Accused fails to render assistance. from the death of the child. The ruling that
intent to kill is conclusively presumed from
2. Failing to help or render assistance to the death of the vit1:im is applicable only to
another whom the offender has accidentally crimes against persons and not to crimes
wounded or injured. against security, particularly the tTime of
abandoning a minor under Art. 276.
NOTE: The character of the place is
immaterial. 2. If the life of the minor was in danger
because of the abandonment.
3. Failing to deliver a child under 7 years of
age whom the offender has found If the offender is the parent of the minor who is
abandoned, to the authorities or to his abandoned, he shall be deprived of parental
family, or failing to take him to a safe place. authority.

NOTE: It is immaterial that the offender did NOTE: Parents guilty of abandoning their
not know that the child is under 7 years. children shall be deprived of parental authority.

lloiobahited Place ABANDONMENT OF MINOR BY A PERSON


ENTRUSTED WITH HIS CUSTODY;
It is determined by possibility of person INDIFFERENCE OF PARENTS
receiving assistance from another. Even if there ART. 277
are many houses around the place, it may still be
uninhabited if the possibility of receiving Acts punished under Art. 277
assistance is remote.
1. Delivering a minor to a public institution or
ABANDONING A MINOR other persons without the consent of the
ART. 276, RPC one who entrusted such minor to the care of
the offender or, in the absence of that one,
Elements [C-A-No-71 without the consent of the proper
authorities; and
1. Offender has the .c,ustody of the child; 2. Neglet1:ing one's children by not giving them
2. Child is under !years of age; the education which their station in life
3. He .a,bandons such child; and requires and financial condition permits.
4. He has .IIJl. intent to kill the child when the
latter is abandoned. Elements of the crime of ahaodoomeot of
minor hx nae cbareed with the cearioe or
Kind ofAhandonment contemnlared hv law education of said minor CC-P-Nntl
The abandonment contemplated by law is not 1. Offender has .c,harge of the rearing of
the momentary leaving of a child but the education of a minor;
abandonment of such minor that deprives him of 2. He gelivers said minor to a public institution
the care and protection from danger to his or other persons; and
person. 3. One who entrusted such child to the
offender has .!!.!!1 consented to such act; or if
the one who entrusted such child to the

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offender is absent, the proper authorities 1. Causing any boy or girl under 16 to perform
have not consented to it. any dangerous feat of balancing, physical
strength or contortion, the offender being
NOTE: Only the person charged with the rearing any person;
or education of the minor is liable. 2. Employing children under 16 years of age
who are not the children or descendants of
Elements of the ccime of indifference of the offender in exhibitions of acrobat,
parents [Pa-Ne-Sl gymnast, rope walker, diver, or wild animal
tamer, the offender being an acrobat, etc., or
1. Offender is a ll.il,rent; circus manager or person engaged in any of
2. He neglects his children by not giving them said callings;
education; and 3. Employing any descendant under 12 years
3. His itation in life requires such education of age in dangerous exhibitions enumerated
and his financial condition permits it. in the next preceding paragraph, the
offender being engaged in any of the said
NOTE: For the parents to be penalized for the callings;
crime of Indifference of Parents, it must be 4. Delivering a child under 16 years of age
shown that they are in a position to give their gratuitously to any person if any of the
children the education in life and that they callings enumerated in paragraph 2, or to
consciously and deliberately neglect their any habitual vagrant or beggar, the offender
children. being an ascendant, guardian, teacher or
person entrusted in any capacity with the
Abandonment of Minor hv Person Enrn,sted care of such child; and
with his Custody; Indifference of Parents vis- 5. Inducing any child under 16 years of age to
;\-V"iS AhandonineaMinor abandon the home of its ascendants,
guardians, curators or teachers to follow any
ABANDONME person entrusted in any of the callings
NT OF MINOR mentioned in par. 2 or to accompany any
BY PERSON habitual vagrant or beggar, the offender
ENTRUSTED ABANDONING being any person.
BASIS WITH HIS A MINOR
CUSTODY; Art. 276, RPC NOTE: The exploitation of the minor must be of
INDIFFERENC such nature as to endanger his life or safety in
E OF PARENTS order to constitute the offense described in this
Art. 277, RPC article.
The custody of The custody of
the offender is the minor is Kind of business rnntemolated under Art
specific. that is, stated in ll.11.
Asto
the custody for general.
custody
the rearing or Art. 278 contemplates a business that generally
education of attracts children so that they themselves may
the minor. enjoy working there unaware of the danger to
Asto Minor is under Minor is under their own lives and limb, such as circuses.
age 18 years of age 7 years of age
When the employer is the parent or
Minor is Minor is ascendant of the child who is already 12
delivered to a abandoned in veacs ofaee
public such a way as
Asto
institution or to deprive him The crime of exploitation of minors is not
abando
other person. of the care and committed if the employer is a parent or
nment
protection that ascendant unless the minor is less than 12 years
his tender years old.
need.
If the employer is an ascendant. the law regards
EXPLOITATION OF MINORS that he would look after the welfare and
ART. 278, RPC protection of the child. Hence, the age is lowered
to 12 years. Below that age, the crime is
Punishable acrs committed.

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CRIMINAL LAW

Qualifying circumstance under Art 277 for said physical


injuries in
If the delivery of the child to any person addition to his
following any of the callings of acrobat, gymnast. liability for
rope-waJker, diver. wild-animal tamer or circus exploitation of
manager or to any habitual vagrant or beggar is minors.
made in consideration of any price,
compensation or promise, the penalty is higher. Criminal liahiJitv fnr neelecr of child under
Art 59 C41 ofPD 603 attaches ifanx of the
Emlnirafinn of Minors tiS-A-vis Iodnfioe a parents is guilty of neglecting the chHd's
MinormAbandon hiS Home education
INDUCING A The crime may be committed by any of the
EXPLOITATION OF
MINOR TO parents. Liability for the crime does not depend
MINORS
ABANDON HIS on whether the parent is also guilty of negletting
Art. 278, par. 5, RPC
HOME his/her child. The law intends to punish the
Art. 271, RPC neglect of any parent, which neglect corresponds
The purpose of No such purpose to the failure to give the child the education
inducing the minor to which the family's station in life and financial
abandon the home is to condition permit The irresponsible parent
follow any person cannot exculpate himself/herself from the
engaged in any of the consequences of his/her neglect by invoking the
callin s mentioned other parent's faithful compliance with his or
Victim under 16 Victim is under 18 her own parental duties. (De Guzmon v. Perez,
G.R. No. 156013,July 25, 2006)

Emlnirarion of Mi noes vis-a-vis BA 761o NOTE: The neglect of child punished under Art.
CSoecial Prorectlon of Children aeainst Child 59(4) of P.O. 603 is also a crime (known as
Abuse Exolniration and DiScriminarion Aal indifference of parents) penalized under the
second paragraph of Art.277 of the RPC. (De
Guzman v. Perez, ibid.) Hence, it is excluded from
BASIS EXPLOITATION
RA
.. 7610 the coverage of R.A. 7610.
OF MINORS
Applies to Applies to ADDITIONAL PENALTIES
Asto its
application minors below minors below FOR OTHER OFFENSES
16 vears of aee. 18 vears old. ART.279, RPC
The business is As long as the
of such kind employment The offender is not only liable for the
that would is inimical - abandonment or exploitation but also for all its
place the life or even though consequences. If as a result, physical injuries or
limb of the there is no death resulted, another crime is committed by
minor in physical risk authority of Art. 279.
danger, even - and
Asto
though working detrimental QUALIFIED TRESPASS TO DWELLING
dangerto
for him is not to the child's ART. 280, RPC
the child
against the wiJI interest -
of the minor. against moral, Elements (P-E-Al
intellectual,
physical, and 1. Offender is a jlrivate person;
mental 2. He ,tnters the dwelling of another; and
development 3. Such entrance is against the latter's will.
of the minor. (2002, 2009 BAR)
If the child fell No such
and suffered similar
Asto Ifthe offenderisa unhlic officer
physical injuries provision
liability of
while working. exists under If the offender is a public officer or employee,
employer
the employer R.A. 7610. the entrance into the dwelling against the will of
shall be liable

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the occupant is violation of domicile punishable 1. Pushing the door violently and maltreating
under Art. 128. the occupants after entering.
2. Cutting of a ribbon string with which the
Owemoe door latch of a closed room was fastened.
The cutting of the fastenings of the door was
A place that a person inhabits or any building or an act of violence.
structure exclusively devoted for rest and 3. Wounding by means of a bolo, the owner of
comfort. Whether a building is a dwelling house the house immediately after entrance.
or not depends upon the use. It includes the
dependencies which have interior Examales nr tcesaass hx means of
communication with the house. It is not intimidation
necessary that it be a permanent dwelling of a
person. 1. Firing a revolver in the air by persons
attempting to force their way into a house.
NOTE: In general, all members of the household 2. The flourishing of a bolo against inmates of
must be presumed to have authority to extend the house upon gaining an entrance.
an invitation to enter the house.
T'respass to dwelling may be committed by
"Aeainst the will" the owner ofrhe hm1se

The entrance is either expressly or impliedly In cases where the owner has allowed the rooms
prohibited. or the houses to be rented by other persons,
trespass to dwelling is committed if the owner
NOTE: There must be an opposition on the part thereof enters the room or house without the
of the owner of the house to the entry of the knowledge and consent and against the will of
accused. Lack of permission does not amount to the boarder or tenant.
prohibition. (People v. De Peralta, G.R. No. L-
17332, August 18, 1921) Circumstanceswhen the crime of tcesaassro
dweHine is not committed (2006 RABl
Instances where prohibition to enter a
dwemoeiSimoHed or oresnmed 1. When the purpose of the entrance is to
prevent serious harm to himself, the
1. Entering a dwelling of another at late hour occupant or third persons.
of the night. 2. When the purpose of the offender in
2. When the entrance is made through means entering is to render some service to
not intended for ingress. humanity or justice.
3. The existence of enmity or strained relations 3. Anyone who shall enter cafes, taverns, inns
between the accused and the occupant. and other public houses while they are open.
4. The door is closed even if it is not locked.
Crimes that max he committed when a
Qnalifxinedrcnmsrance ofrheoffense oecson rcesnassesadwelline
If the offense is committed by means of violence 1. If the purpose in entering the dwelling is not
or intimidation, the penalty is higher (prision shown, trespass is committed.
correc.tional in medium and maximum periods; 2. If the purpose is shown, it may be absorbed
fine not exceeding 1'200,000). in the crime as in robbery with force upon
things, the trespass yielding to the more
If violence or intimidation is employed, there is serious crime.
no need for prohibition. In fact, even if violence 3. But if the purpose is not shown and while
or intimidation took place immediately after the inside the dwelling he was found by the
offender has entered the dwelling, there is occupants, one of whom was injured by him,
Qualified Trespass to Dwelling. (US. v. Abanto, the crime committed will be trespass to
G.R. No. 5266, February 16, 1910; U.S. v. Arceo, dwelling and frustrated homicide, physical
G.R. No.1491, Morch 5, 1904) injuries, or if there was no injury, unjust
vexation.
Examoles nftresnass hx means of violence
Q: At about 11:00 in the evening, Dante
forced his way inside the house of Mamerto.

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Jay, Mamerto's son, saw Dante and accosted Place entered Place entered is
Astop/oce
him. Dante pulled a knife and stabbed Jay on is inhabited. uninhabited.
his abdomen. Mamerto heard the commotion Act Act constituting
and went out of his room. Dante, who was constituting the crime is
about to escape, assaulted Mamerto. Jay the crime is entering the
suffered injuries which, were it not for the entering the closed premises
timely medical attendance, would have As to oct dwelling or the fenced
caused his death. Mamerto sustained injuries constitution against the estate without
that incapadtated him for 25 days. What the crime will of the securing the
crime/s did Dante commit? (1994 BAR) owner. permission of
the owner or
A: Dante committed qualified trespass to caretaker
dwelling. frustrated homicide for the stabbing of thereof.
Jay, and Jess serious physical injuries for the Prohibition to Prohibition to
assault on Mamerto. The crime of qualified Asto enter is enter must be
trespass to dwelling should not be complexed prohibition express or manifest.
with frustrated homicide because when the implied.
trespass is committed as a means to commit a
more serious crime, trespass to dwelling is GRAVE THREATS
absorbed by the greater crime and the former ART. 282, RPC
constitutes an aggravating circumstance of
dwelling. (People v. Abedoza, 53 Phil 788) Punishable acrs
OTHER FORMS OF TRESPASS TO DWELLING 1. Threatening another with the infliction upon
ART. 281, RPC his person, honor, or property, or that of his
family of any wrong amounting to a crime
Elements and demanding money or imposing any
other condition even though not unlawful,
1. Offenders enter the closed premises or the and the offender attained his purpose;
fenced estate of another; 2. By making such threat without the offender
attaining his purpose; and
NOTE: The term premises signifies distinct 3. By threatening another with the infliction
and definite locality. It may mean a room, upon his person, honor or property or that
shop, building or definite area, but in either of his family of any wrong amounting to a
case, locality is fixed. crime, the threat, not being subject to a
condition.
2. Entrance is made while either of them is
uninhabited; Essence of Grave Threats
NOTE: A place is said to be uninhabited if It is essential that there be intimidation. In
there is no one living on such place. intimidation, there is a promise of some future
harm or injury, either to the person, honor, or
3. Prohibition to enter is manifest; and property of the offended party. (Reyes, 2017)
4. Trespasser has not secured the permission
of the owner or the caretaker thereof. It must inspire terror or fear upon another. It is
charatterized by moral pressure that produces
Iresnass ro dwem ne vis-ta-vis Iresnass rn alarm.
oconertv
Threat
TRESPASS TO TRESPASS TO
BASIS
DWELLING PROPERTY It is the declaration of an intention or
Offender is a Offender is any determination to tnJure another by the
Asto commission upon his person, honor, or property
private person.
offender or upon that of his family of some wrong which
oerson.
Offender Offender enters may or may not amount to a crime.
Asto enters a closed premises
commission dwelling or fenced Qualitvine firn,mstance ofrhe offense
house. estate.

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BOOK II - CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

If the threat is made in writing or through a 3. There is a w:,mand for money or that other
middleman, the penalty is to be imposed in its condition is imposed, even though lawful;
maximum period. and
4. Offender has attained or has not attained his
Grave Threats vis-a-vis Light Threats .J!.!!.rpose.

GRAVE THREATS LIGHT THREATS NOTE: Light threat is in the nature of


When the wrong When the wrong blackmailing.
threatened to be threatened to be
inflicted amounts to a inflicted does not Possible crimes invnlvine hlackmailine
crime. amount to a crime.
1. Light threats - If there is no threat to publish
Threat vis-a-v;s Coercion any libelous or slanderous matter against
the offended party.
THREAT COERCION 2. Threatening to publish a libel - If there is
Essence of threat Essence of coercion is such a threat to make a slanderous or
is intimidation. violence or intimidation. libelous publication against the offended
party.
Wrong or harm There is no condition
done is future and involved; hence, there is
BONDS FOR GOOD BEHAVIOR
conditional. no futurity in the harm or
ART. 284, RPC
wrona done.
The person making the threats under the
Threat vis-a-v;s robbery preceding articles (grave and light threats) may
also be required by the court to give bail
BASIS THREAT ROBBERY
conditioned upon the promise not to molest the
Intimidation is Intimidation person threatened or not to pursue the threats
future and is actual and
he/she made.
conditional. immediate.
Ast.o
Intimidation Intimidation If the person making the threat failed to post a
intimidation
may be is personal. bond, such person can be sentenced to the
through an penalty of destierro.
intermediarv.
May refer to Refers to OTHER LIGHT THREATS
As co sub;ect the person, personal ART. 285
involved honor or property.
orooertv.
PnniShahle aas
Intent to gain There is
Asto intent is not an intent to gain. 1. Threatening another with a weapon, or by
togoin essential drawing such weapon in a quarrel, unless it
element. be in lawful self-defense. Here, the weapon
The danger to The danger must not be discharged;
the victim is involved is 2. Orally threatening another, in the heat of
not instantly directly anger, with some harm constituting a crime,
imminent nor imminent to without persisting in the idea involved in his
Asto danger
the gain of the the victim and threat; and
ofthe threat
culprit the 3. Orally threatening to do another any harm
immediate. obtainment of not constituting a felony.
gain
immediate. NOTE: In other light threats, there is no demand
for money nor any condition imposed when the
LIGHT THREATS offender threatens the offended party. His acts
ART.283, RPC are limited to verbal threat during the incident
Elements CNn-De-Pu-Il involving him and the offended party.

1. Offender makes a !.hreat to commit a wrong; Otherl.iehtTbcearsyjs-ta-vis Grave Tbrears


2. The wrong does .DQ.t constitute a crime;
Other Light Threats Grave Threats

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CRIMINAL LAW

The threat is made in The threat is made a government of law and not of men. (People v.
the heat of anger, and with the deliberate Mangosing, CA-G.R. No.1107-R, April 29, 1948)
the subsequent acts of purpose of creating in
the accused showed the mind of the When erave coercion ocn,cs
that he did not persist person threatened the
in the idea involved in belief that the threats Grave coercion arises only if the act which the
offender prevented another to do is not
his threat (U.S. v. will be carried into
prohibited by law or ordinance.
Paguirigan, 14 Phil. effect.
4531
Kindsoferave coecfion
Nanice of otherlieht threats 1. Preventive - The offender uses violence to
prevent the victim from doing what he
It is not subject to a demand for money or any wants to do. Here, the ac.t prevented is not
material consideration and the wrong prohibited by law.
threatened does not amount to a crime.
NOTE: In grave coercion, the act of
GRAVE COERCIONS preventing by force must be made at the
ART. 286, RPC time the offended party was doing or about
to do the att to be prevented. If the act was
Punishable acrs already done when violence is exerted, the
crime is unjust vexation.
1. Preventing another, by means of violence,
threat or intimidation, from doing 2. Compulsive - The offender uses violence to
something not prohibited by law; and
compel the offended party to do what he
2. Compelling another, by means of violence,
threat or intimidation, to do something does not want to do. The act compelled may
against his will, whether it be right or or may not be prohibited by law.
wrong.
No ecave coercion whena oecson nrohihits
Elements CPre-No-YJ'1996 1999 2009 RABl anothertndoan aa because the acr done isa
crime and violence and intimidation ;s
1. A person 11ttvented another from doing emnloved
something not prohibited by law, or that he
compelled him to do something against his There is no grave coercion because the ac.t from
will, be it right or wrong; which a person is prevented from doing is a
2. Prevention or compulsion be effetted by crime. It may only give rise to threat or physical
�iolence, threats or intimidation; and injuries, if some injuries are inflicted.

NOTE: The threat must be present, clear, However, in case of grave coercion where the
imminent and actual. Such threat cannot be offended party is being compelled to do
made in writing or through a middle man. something against his will, whether it be wrong
or not, the crime of grave coercion is committed
3. Person that restrained the will and liberty of if violence or intimidation is employed in order
another has llll authority of law or the right to compel him to do the att.
to do so.
Q: Isagani lost his gold necklace bearing his
NOTE: Coercion is consummated even if the initials. He saw Roy wearing the said
offended party did not accede to the purpose of necklace. Isagani asked Roy to return to him
the coercion. The essence of coercion is an attack the necklace as it belongs to him, but Roy
on individual liberty. refused. Isagani then drew his gun and told
Roy, "If you will not give back the necklace to
Paragraph 2: Penalty next higher in degree me, I will kill you!" Out of fear for his life and
against his will, Roy gave the necklace to
Pucoose of the law in mmishine erave Isagani. What offense did Isagani commit?
coecfion (1998 BAR)

To enforce the principle that no person may A: lsagani committed the crime of grave
take the law into his own hands and that ours is coercion (Art 286, RPC) for compelling Roy, by

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means of serious threats or intimidation, to do 2. Robbery- If the value of the property seized
something against the latter's will, whether it be is greater than that of the debt (intent to
right or wrong. Serious threats or intimidation gain is present in this case) and violence and
approximating violence constitute grave intimidation are employed.
coercion, not grave threats. Such is the nature of
the threat in this case because it was committed 3. Esta/a - If there is no obligation on the part
with a gun, is a deadly weapon. of the offended party but was only feigned.
There is estafa because deceit is employed.
Qnalifxinedrcnmsrances ofGrave Coerdoo
COMPULSORY PURCHASE OF MERCHANDISE
1. If the coercion is committed in violation of AND PAYMENT OF WAGES
the exercise of the right of suffrage. BY MEANS OF TOKENS
2. If the coercion is committed to compel ART. 288, RPC
another to perform any religious act.
3. If the coercion is committed to prevent Punishable acts and their elements
another from performing any religious act.
1. Forcing or compelling, diret1:ly or indirectly
LIGHT COERCION or knowingly permitting the act of forcing or
ART. 287, RPC compelling of the laborer or employee of the
offender to purchase merchandise or
Elements (Se-Vi-Cre-Pl commodities of any kind from him.

1. Offender must be a .cttditor; Elements: (Pao-Em-For)


2. He �izes anything belonging to his debtor; a. Offender is any l!erson, ,i!_gent or .!!,fficer
3. Seizure of the thing be accomplished by of any association or corporation;
means of Jdolence or a display of material b. He or such firm or corporation has
force producing intimidation; and .£!!!.ployed laborers or employees; and
4. Purpose of the offender is to apply the same c. He llltces or compels directly or
to the 12ayment of the debt. indirectly, or knowingly permits to be
forced or compelled, any of his or its
In the crime of other light coercion or unjust laborers or employees to purchase
vexation embraced in par. 2 of Art. 287, violence merchandise or commodities of any
is absent. Thus, taking possession of the thing kind from him or said firm or
belonging to the debtor, through deceit and corporation. (2014 BAR)
misrepresentation for the purpose of applying
the same to the payment of debt is unjust 2. Paying the wages due his laborer or
vexation under the second paragraph of Art. employee by means of tokens or objects
287. other than the legal tender current)' of the
Philippines, unless expressly requested by
llninst Vexation CJ994 2006 2007 2009 such laborer or employee.
2010RAB)
Elements: (O-Pa-Not)
Unjust vexation is any act committed without a. Offender llilYS the wages due a laborer
violence but which unjustifiably annoys or vexes or employee employed by him by means
an innocent person. of tokens or object;
b. Those tokens or objects are .!!,!her than
NOTE: In determining whether the crime of the legal currency of the Philippines;
unjust vexation is committed, the offender's act and
must have caused annoyance, irritation, c. Such employee or laborer does !!.!!.!
vexation. torment. distress, or disturbance to the expressly request that he be paid by
mind of the person to whom it is directed. means of tokens or objects.
(People v. Gozum, 54, O.G. 7409)
NOTE: The use of tokens, promissory notes,
Besultine crimes when the nronertv of a vouchers, coupons, or any other form
debtor is seized alleged to represent legal tender is
absolutely prohibited even when expressly
1. Light coercion - If by means of violence, the requested by the employee.
property is applied to the debt.

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FORMATION, MAINTENANCE, AND the papers or letters were delivered voluntarily


PROHIBITION OR COMBINATION OF CAPITAL to the accused, this crime is not committed.
OR LABOR THROUGH VIOLENCE OR THREATS
ART. 289, RPC Qualifvine Cirn,mstance

When the offender reveals the contents of such


Elements nfthe crime paper or letters of another to a 3"' person, the
penalty is higher.
1. Offender employs violence or threats, in a
degree as to compel or force the laborers or
employees in the free legal exercise of their Public officer revealine secrers of orivate
industry or work; and individual vis-ta-vis DiSroverine secrers
2. Purpose is to organize, maintain or prevent throneh sehiure ofcnrresonndence
coalitions of capital or labor, strike of
laborers or lockout of employers. DISCOVERING
PUBLIC OFFICER
SECRETS
REVEALING SECRETS
The acts shaJI not constitute a more serious THROUGH
OF PRIVATE
offense in accordance with the provisions of the SEIZURE OF
INDIVIDUAL
Code. CORRESPONDENCE
Art. 230, RPC
Art. 290, RPC
DISCOVERING SECRETS THROUGH Public officer comes to Offender is a private
know the secret of any individual or even a
SEIZURE OF CORRESPONDENCE
private individual by public officer not in
ART. 290, RPC reason of his office. the exercise of his
official func.tion.
Elements (D-1-P-S) The secret is not It is necessary that
necessarily contained in the offender seizes
1. Offender is a 12rivate individual or even a papers or letters. the papers or letters
public officer not in the exercise of his of another to
official function; discover the secrets
2. He ,s.eizes the papers or letters of another; of the latter.
3. Purpose is to J!iscover the secrets of such
another person; and Reveals the secret If there is a secret
4. Offender is informed of the contents of the without justifiable discovered, it is not
papers or letters seized. reason. necessary that it be
revealed.
NOTE: It is not applicable to parents, guardians,
or persons entrusted with the custody of minors REVEALING SECRETS WITH ABUSE OF OFFICE
with respect to papers or letters of the children ART. 291, RPC
or minors placed under the care or custody.

Nature of the crime Elements CMes-te-Bevl

1. Offender is a manager.�mployee or ,.tervant;


This is a crime against the security of one's
2. He J!tarns the secrets of his principal or
papers and effet"tS. The purpose must be to
master in such capacity; and
discover its effects. The act violates the privacy 3. He meals such secrets.
of communication. It is necessary that the
offender should actually discover the contents of
NOTE: Damage is not an element of this article.
the letter.
Essence of the c-.rime of revealing sec.rets with
NOTE: Contents of the correspondence need not
be secret. Prejudice to the offended party is not abuse ofoffice
an element of the offense.
The offender learned of the secret in the course
of employment_ He is enjoying a confidential
..Seize" as r.nntemolaredin thisartlfle relation with the employer or master so he
should respect the privacy of matters personal
There must be taking possession of papers or
to the latter.
letters of another even for a short time only. If

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BOOK II - CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

REVELATION OF INDUSTRIAL SECRETS


ART. 292, RPC

Elements CPew-5-B-Pl
1. Offender is a 12erson in charge, .c,nployee or
�orkman of a manufacturing or industrial
establishment;
2. Manufacturing or industrial establishment
has a .s_ecret of the industry which the
offender has learned;

NOTE: The business secret must not be


known to other business entities or persons.
It is a matter to be discovered, known and
used by and must belong to one person or
entity exclusively. Secrets must relate to
manufacturing process.

3. Offender reveals such secrets; and

NOTE: The revelation of the secret might be


made after the employee or workman has
ceased to be connected with the
establishment.

4. l!rejudice is caused to the owner.

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CRIMES AGAINST PROPERTY NOTE: Robberies committed in different houses


constitute separate crimes of robbery. But if the
ROBBERY robberies are committed upon different victims
ART. 293, RPC on the same occasion and in the same place only,
one robbery is committed as the robberies are
Robbery (BAR 19981 mere incidents of a single criminal intent.

It is the taking of personal property belonging to Personal property is the subject ofRobbery
another, with intent to gain, by means of
violence against or intimidation of any person or The property taken must be personal property,
using force upon anything. for if real property is occupied by means of
violence against or intimidation of person, the
NOTE: For the appellant to be guilty of crime is usurpation. (Art 312, RPC)
consummated robbery, there must be
incontrovertible proof that property was taken Q: Is Robbery committed when police officers
from the victim. The appellant is guilty of seized the opium without causing the
attempted robbery only when he commences prosecution of the offenders, and thereafter
the commission of robbery directly by overt acts said police officers appropriated the opium?
and does not perform all the at"tS of execution
which would produce robbery by reason of A: YES. The person from whom the property was
some causes or accident other than his own taken need not be the owner of such. Legal
spontaneous desistance. possession is sufficient. (U.S. v. Sana Lim, G.R No.
9604, November 19, 1914)
lllustration: In a case, Totoy demanded from
the victim, "Toi, pero-pero long ito, dahil Generally identitx of real owner is not
kailangan Jang." The victim refused to part with necessary
his earnings and resisted. He even tried to get
out of the taxicab but Totoy pulled him back and GR: The identity of the real owner is not
stabbed him. Randy, Rot-Rot, and Jon-Jon necessary so long as the personal property taken
followed suit and stabbed the victim with their does not belong to the accused.
bladed weapons. The vit1:im was able to flee
from the vehicle without anything being taken XPN: If the crime is Robbery with Homicide
from him. Totoy and his confederates
commenced by overt acts the execution of the Pcesumation oCintent to eain
robbery, but failed to perform all the at"tS of
execution by reason of the victim's resistance. In unlawful taking of personal property intent to
(People v. Baca/an, G.R. No. 141527, September 4, gain is presumed. The element of personal
2003) property belonging to another and that of intent
to gain must concur.
Classification of robbery
Ocn,crence of violence and intimidation
1. Robbery with violence against, or
intimidation of persons (Arts. 294, 297, and GR: Violence or intimidation must be present
298, RPC); before the taking of personal property is
2. Robbery by the use of force upon things. complete.
(Arts. 299 and 302, RPC)
XPN: When violence results in homicide, rape
Elements nfrnhhecx in eenecal intentional mutilation or any of the serious
physical injuries penalized under pars. 1 and 2
1. There is personal property belonging to of Art 263, the taking of the personal property is
another; (BAR 1992, 1996) robbery complexed with any of those crimes
2. There is unlawful taking of that property; under Art. 294, even if the taking was already
3. Taking must be with intent to gain; and complete when the violence was used by the
4. There is violence against or intimidation of offender.
any person or force upon things. (BAR
1992, 2002, 2005) llnlawfnl taking

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It means appropriating a thing belonging to ROBBERY WITH VIOLENCE AGAINST OR


another and placing it under one's control and INTIMIDATION OF PERSONS
possession. ART. 294, RPC

The property must belong to another. Thus, one PnniShahle acrs under Art 294 BPC '2000
who, by means of violence or intimidation, took 2005 2010RAB)
his own property from the depositary is not
guilty of robbery. 1. When by reason or on occasion of the
robbery the crime of homicide is committed;
The taking of personal property must be
unlawful to constitute robbery. If the property is 2. When the robbery is accompanied by:
in possession of the offender given to him in a. Rape;
trust by the owner, the crime is est.afa. Also, the b. Intentional mutilation; or
unlawful taking must not be under the claim of c. Arson
title or ownership.
3. When by reason or on the occasion of such
Unlawful taking is complete when robbery, any of the physical injuries
resulting in:
1. As to robbery with violence against or a. Insanity;
intimidation of persons- from the moment b. Imbecility;
the offender gains possession of the thing c. Impotency; or
even if the culprit had no opportunity to d. Blindness is inflicted
dispose of the same, the unlawful taking is
complete. 4. When by reason or on the occasion of
robbery, any of the physical injuries
2. As to robbery with force upon things- the resulting in the:
thing must be taken out of the a. Loss of the use of speech;
building/premises to consummate the b. Loss of the power to hear or to smell;
crime. c. Loss of an eye, a hand, a foot, an arm or
a leg;
Bohherv with violence vis-ta-vis Grave d. Loss of the use of any of such member;
Threats viS-A-visGcave Coecfion or
e. Incapacity for the work in which the
ROBBERY GRAVE injured person is theretofore habitually
GRAVE engaged is inflicted
WITH COERCION
THREATS
VIOENCE
5. If the violence or intimidation employed in
There is No intent to No intent to the commission of the robbery is carried to
intent to gain gain a degree clearly unnecessary for the
eain commission of the crime;
Immediate Intimidation; Intimidation is
harm Promises some immediate and 6. When in the course of its execution, the
future harm or offended party offender shall have inflicted upon any
injury is compelled to person not responsible for the commission
do something of the robbery any of the physical injuries in
against his will consequence of which the person injured:
a. Becomes deformed;
b. Loses any other member of his body;
c. Loses the use thereof;
Bohhervvis-A-vis Bribery d. Becomes ill or incapacitated for the
performance of the work in which he is
ROBBERY BRIBERY habitually engaged for more than 90
days; or
The victim is He parts with his
e. Becomes ill or incapacitated for labor
deprived of his money. in a sense,
for more than 30 days
money or property by voluntarily
force or intimidation
7. If the violence employed by the offender
does not cause any of the serious physical

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injuries defined in Art.263, or if the offender The offender must have the intent to take
employs intimidation only. personal property before the killing.
Intent to kill not neressarx
NOTE: The crime defined in this article is a
special camp/ex crime. Article 48 does not apply. In robbery with homicide, the law does not
require that the homicide be committed with
ROBBERY WITH HOMICIDE intent to kill. the crime exists even though there
is no intention to commit homicide.
Bohherx wUb homicide (2009 2014RAB)
Q: On the occasion of the robbery, the
If death results or even accompanies a robbery, storeowner, a septuagenarian, suffered a
the crime will be robbery with homicide stroke due to the extreme fear which directly
provided that the robbery and the homicide are caused his death when the robbers pointed
consummated. The crime of robbery with their guns at him. Was there robbery with
homicide is a special complex crime or a single homicide?
indivisible crime. The killings must have been
perpetrated by reason or on the occasion of A: YES. It is immaterial that death supervened as
robbery. As long as the homicide resulted, a mere accident as long as the homicide was
during, or because of the robbery, even if the produced by reason or on the occasion of the
killing is by mere accident, robbery with robbery, because it is only the result which
homicide is committed. (People v. Comiling, G.R. matters, without reference to the circumstances.
No. 140405, March 4, 2004) or causes. or persons intervening in the
commission of the crime which must be
NOTE: Even if the killing preceded or was done considered. (People v. Domingo, G.R. No. 82375,
ahead of the robbing, whether intentional or not. April 18, 1990)
the crime is robbery with homicide. If aside from
homicide, rape or physical injuries are also Q: A, B, C committed robbery in the house of
committed by reason or on the occasion of the Angelica. Simeon, the houseboy of Angelica
robbery, the rape or physical injuries are put up a fight. He tried to wrest the gun from
considered aggravating circumstances in the the hand of A. In the process, the gun fired
crime of robbery with homicide. Whenever hitting A who died as a result. Who is liable
homicide is committed as a consequence of or on for the death of A? And what crime is
the occasion of a robbery, all those who took committed?
part as principals in the commission of the crime
will also be guilty as principals in the crime of A: Band Care liable for Robbery with Homicide.
robbery with homicide. Simeon is not liable because his act is in
accordance with law. The crime applies to the
Elements 0-R-A-Hl robbers themselves. The death of their
companion A was by reason or on the occasion
1. The taking of personal property with of robbery.
violence or intimidation against persons;
2. The property taken 11.elongs to another; Q: Suppose the victims were killed, not for
3. The taking was done with llflimo lucrandi; the purpose of committing robbery and the
and idea of taking the money and other personal
4. On the occasion of the robbery or by reason property of the victims was conceived by the
thereof, 11.omicide was committed. (People v. culprits only after killing. Is this a case of
Baccay, G.R. No. 120366, January 16, 1998; robbery with homidde?
People v. Mantung, G.R. No. 130372, July 20,
1999) A: NO. The intention of the perpetrators is really
to kill the victim and robbery came only as an
NOTE: Homicide as used in paragraph (1) of afterthought. The perpetrators are liable for two
Article 294 is to be understood in its generic separate crimes of robbery and homicide or
sense as to include parrlcide and murder. murder, (qualified by abuse of superior
strength). (People v. Domingo, G.R. No. 82375,
Intent to commit robbery must precede the April 18, 1990)
killill£
NOTE: There is no crime of robbery in band with
murder or robbery with homicide in band or

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robbery with multiple homicides. If on the A: NONE. Treachery cannot be considered as


occasion of the robbery with homicide, robbery qualifying circumstance of murder, because the
with force upon things was also committed, the crime charged is the special crime of robbery
crime committed would not only be one robbery with homicide. The treachery which attended
but also a complex crime of robbery with the commission of the crime must be considered
homicide and robbery with force upon things. not as qualifying but merely as a generic
aggravating circumstance. (People v. Mantawar,
Q: Jervis and Marlon asked their friend, 80 Phil. 817; People v. Abong, G.R. No. L-14623,
Jonathan, to help them rob a bank. Jervis and December 29, 1960)
Marlon went inside the bank, but were
unable to get any money from the vault NOTE: When in the course of the robbery
bec.ause the same was protected by a time­ someone is killed but rape and arson are also
delay mechanism. They contended committed, the crime is still Robbery with
themselves with the customer's cellphones Homicide. The rape and arson can be
and a total of PS,000 in cash. After they appreciated as aggravating circumstance.
dashed out of the bank and rushed into the (Estrada, 2011)
c.ar, Jonathan pulled the car out of the curb,
hitting a pedestrian which resulted in the ROBBERY WITH RAPE
latter's death. What crime or crimes did
Jervis, Marlon, and Jonathan commit? Explain Robbery with rape {1996. 1999. 2003. 2004
your answer. (2007 BAR) lWU

A: fervis and Marlon committed the crime of The crime of robbery with rape is a crime
robbery, while Jonathan committed the special against property which is a single indivisible
complex crime of robbery with homicide. fervis offense. The rape accompanies the robbery. In a
and Marlon are criminally liable for the robbery case where rape and not homicide is committed,
only because that was the crime conspired upon there is only a crime of robbery with rape if both
and actually committed by them, assuming that the robbery and the rape are consummated.
the taking of the cellphones and the cash from
the bank's customers was effected by NOTE: Although the victim was raped twice on
intimidation. They will not incur liability for the the occasion of Robbery, the additional rape is
death of the pedestrian because they have not considered as an aggravating circumstance
nothing to do with it. Only Jonathan will incur in the crime of robbery and rape. There is no law
liability for the death of the pedestrian, aside providing for the additional rape/s or
from the robbery, because he alone brought homicide/s for that matter to be considered as
about such death. Although the death caused aggravating circumstance. It further observed
was not intentional but accidental, it shall be a that the enumeration of aggravating
component of the special complex crime of circumstances under Art. 14 of the RPC is
robbery with homicide because it was exclusive, unlike in Art. 13 of the same Code,
committed in the course of the commission of which enumerates the mitigating circumstances
the robbery. where analogous circumstances may be
considered. (People v. Rega/a, G.R. No. 130508,
No crime of rohherx with multiole homicide April 5, 2000; People v. Sultan, G.R. No. 132470,
{1995. 2007. 2009 BAR) April 27, 2000)

There is no crime of robbery with multiple Elements U-R-A-Bl


homicide under the RPC. The crime is robbery
with homicide notwithstanding the number of 1. The taking of personal property is
homicides committed on the occasion of the committed with violence or intimidation
robbery and even if murder, physical injuries, against persons;
and rape were also committed on the same 2. The property taken !!,elongs to another;
occasion. (People v. Hijoda, G.R. No. 123696, 3. The taking is characterized by intent to gain
March 11, 2004) or a,nimus Jucrandi; and
4. The robbery is accompanied by ,i:ape.
Q: Is there such a crime as robbery with
murder? For a conviction of the crime of robbery with
rape to stand, it must be shown that the rape
was committed by reason or on the occasion of

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a robbery and not the other way around. This The law does not distinguish whether rape was
special complex crime under Art. 294 of the RPC committed before, during, or after the robbery. It
contemplates a situation where the original is enough that the robbery accompanied the
intent of the accused was to take. with intent to rape. Robbery must not be a mere accident or
gain, personal property belonging to another afterthought.
and rape is committed on the occasion thereof or
as an accompanying crime. (People v. Go/lo, G.R. lllustration: Where 6 accused entered the
No. 181902, August 31, 2011) house of the offended party, brandishing
firearms and knives and after ransacking the
Q: In case there is conspiracy, are all house for money and jewelry, brought the
conspirators liable for the crime of robbery offended party out of the house to a grassy place
with rape? where she was ordered to undress and although
she was able to run away, was chased and
A: YES. In People v. Suyu, it was ruled that once caught, and thereafter raped by all of the
conspiracy is established between several accused, the latter committed robbery with rape.
accused in the commission of the crime of (People v. Villagracia, G.R. No. 94311, September
robbery, they would all be equally culpable for 14, 1993)
the rape committed by anyone of them on the
occasion of the robbery, unless anyone of them Insrances when there could he a senarate
proves that he endeavored to prevent the others crime of robbery and rape
from committing rape. (People v. Go/lo, ibid.)
If the two (2) crimes were separated both by
Q: Together XA, YB, and ZC planned to rob time and space, there is no complex crime of
Miss OD. They entered her house by breaking Robbery with Rape. (People v. Angeles, G.R. No.
one of the windows in her house. After taking 10428S-86, Moy 21, 1993)
her personal properties and as they were
about to leave, XA dedded on impulse to rape Q: can there be such a crime as robbery with
OD. As XA was molesting her, YB and ZC stood attempted rape?
outside the door of her bedroom and did
nothing to prevent XA from raping OD. A: NO. The crime cannot be a complex crime of
robbery with attempted rape under Article 48,
What crime or crimes did XA, YB, and ZC because a robbery cannot be a necessary means
commit, and what i s the criminal liability of to commit attempted rape; nor attempted rape,
each? (2004 BAR) to commit robbery. (People v. Corioga, CA., 54
O.G. 4307)
A: The crime committed by XA, YB, and ZC is the
composite crime of robbery with rape, a single, ROBBERY WITH PHYSICAL INJURIES
indivisible offense under Art. 294(1) of the RPC.
Phvsiral ininries must he serious
Although the conspiracy among the offenders
was only to commit robbery and only XA raped To be considered as such, the physical injuries
CD, the other robbers, YB and ZC, were present must always be serious. If the physical injuries
and aware of the rape being committed by their are only less serious or slight, they are absorbed
co-conspirator. Having done nothing to stop XA in the robbery. The crime becomes merely
from committing the rape, YB and ZC thereby robbery. But if the less serious physical injuries
concurred in the commission of the rape by their were committed after the robbery was already
co-conspirator XA. consummated, there would be a separate charge
for the less serious physical injuries. It will only
The criminal liability of all, XA, YB, and ZC, shall be absorbed in the robbery if it was inflicted in
be the same, as principals in the special complex the course of the execution of the robbery. The
crime of robbery with rape which is a single, same is true in the case of slight physical
indivisible offense where the rape accompanying injuries.
the robbery is just a component.
Q: Suppose a gang robbed a mansion in
Cciminal intent ro eain orecedes intent ro Forbes Park. On the occasion of the robbery,
� physical injuries were inOicted on the
household members. The robbers also
detained the children to compel their

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parents to come out with the money. What There is sufficient intimidation where the acts of
crime/sis/are committed by the robbers? the offender inspired fear upon the vic.tim
although the accused was not armed.
A: The detention was a necessary means to
facilitate the robbery. Thus, the offenders will be ROBBERY WITH PHYSICAL INJURIES,
held liable for the complex crimes of robbery COMMITTED IN AN UNINHABITED PLACE
with serious physic.al injuries and serious illegal AND BY A BAND, OR WITH THE USE OF
detention. FIREARM ON A STREET, ROAD OR ALLEY
ART. 295, RPC
But if the victims were detained because of the
timely arrival of the police, such that the Qualifying circumstances
offenders had no choice but to detain the victims
as hostages in exchange for their safe passage, If committed:
the detention is absorbed by the crime of 1. In an uninhabited place;
robbery and is not treated as a separate crime. 2. By a band;
3. By attacking a moving train, street car,
ROBBERY WITH ARSON motor vehicle, or airship;
R.A. 7659 4. By entering the passengers' compartments
in a train, or in any manner taking the
Commission of composite crime passengers thereof by surprise in the
respective conveyances; or
The composite crime would only be committed if 5. On a street, road, highway, or alley, and the
the primordial intent of the offender is to intimidation is made with the use of
commit robbery and there is no killing, rape, or firearms, the offender shall be punished by
intentional mutilation committed by the the maximum periods of the proper
offender during the robbery. Otherwise, the penalties prescribed in Art. 294.
crime would be robbery with homicide, or
robbery with rape, or robbery with intentional Any of these five qualifying circumstances of
mutilation, in that order and the arson would robbery with physicaJ injuries or intimidation
only be an aggravating circumstance. must be alleged in the information and proved
during the trial.
Bohherv mustorecede acsno
Nnn-aooHcahmtx nfrhis actidein nther cases
It is essential that robbery precede the arson, as
in the case of rape and intentional mutilation, This article does not apply in cases of Robbery
because the amendment included arson among with homicide, robbery with intentional
the rape and intentional mutilation which have mutilation, robbery with rape and robbery with
accompanied the robbery. serious physical injuries resulting in insanity,
imbecility, impotency or blindness. This is
NOTE: Arson has been made a component only because the Article omitted these crimes in the
of robbery with violence against or intimidation enumeration. (Reyes, 2008)
of persons but not of robbery by the use of force
upon things. Hence, if the robbery was by the ROBBERY COMMITTED BY A BAND
use of force upon things and therewith arson ART. 296, RPC
was committed, two distinc.t crimes are
committed. Bnhhecx committed hxahand C201ORABJ
OTHER CASES OF SIMPLE ROBBERY Robbery is committed by a band when at least 4
armed malefactors take part in the commission
Any kind of robbery with less serious physical of a robbery.
injuries or slight physical injuries falls under this
specie of robbery. NOTE: If any unlicensed firearm is used, the
penalty imposed upon all the malefactors shall
NOTE: But where there is no violence exerted to be the maximum of the corresponding penalty
accomplish the snatching. the crime committed provided by law, without prejudice to the
is not robbery but simple theft. criminal liability for illegal possession of such
firearms. This is a special aggravating

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circumstance applicable only in a case of Art. 298 applies even if the document signed,
robbery in band. executed, or delivered is a private or commercial
document.
l.iahilitv fnr the acrs of the other members of
the band Robbery by execution of deeds vis-a-vis
A member of the band is liable for any of the Gcave coercion
assaults committed by the other members
thereof, when the follov.ring requisites concur: ROBBERY BY
GRAVE COERCION
EXECUTION OF DEEDS
1. That he was a member of the band;
2. That he was present at the commission of a No intent to gain
robbery by that band;
3. That the other members of the band is an intent to There is no intent
committed an assault; and defraud to defraud
4. That he did not attempt to prevent the
assault. ROBBERY IN AN INHABITED HOUSE OR
PUBLIC BUILDING OR EDIFICE
In Robbery by o band, all are liable for any DEVOTED TO WORSHIP
assault committed by the band, unless one or ART. 299, RPC
some attempted to prevent the assault.
Elements of the first kind of rnhherx with
ATTEMPTED AND FRUSTRATED ROBBERY fnrce 11000 thines underArt 299
COMMITTED UNDER CERTAIN
CIRCUMSTANCES 1. Offender entered an inhabited house, or
ART. 297, RPC public building, or edifice devoted to
religious worship; (1992, 2007, 2008 BAR)
Aoolicatlnn nfthis amere
2. Entrance was effected by any of the
It applies when homicide is committed on the following means:
occasion of an attempted or frustrated robbery.
a. Through an opening not intended for
The term homicide is used in a generic sense. It entrance or egress;
includes murder, parricide, and infanticide. b. By breaking any wall, roof, or floor, or
breaking any door or window; (2000
The clause "unless the homicide committed shall BAR)
deserve a higher penalty under the provisions of c. By using false keys, picklocks, or similar
this code" may be illustrated thus: In an tools, or
attempted or frustrated robbery, the killing of d. By using any fictitious name or
the victim is qualified by treachery or pretending the exercise of public
relationship. The proper penalty for murder or authority.
parricide shall be imposed because it is more
severe. The whole body of culprit must be inside the
building to constitute entering.
EXECUTION OF DEEDS BY MEANS OF
VIOLENCE OR INTIMIOATION 3. Once inside the building. the offender took
ART. 298 personal property belonging to another
with intent to gain.
Elements CCom-Pe-YJC2001 RABl
force11000 thines
1. Offender has intent to .IIJ:fraud another;
2. Offender compels him to sign, execute, or It requires some element of trespass into the
deliver any public instrument or document; establishment where the robbery was
and committed; e.g. the offender must have entered
3. Compulsion is by means of �iolence or the premises where the robbery was committed.
intimidation. If no entry was effected, even though force may
have been employed in the taking of the
property from within the premises, the crime
will only be the�

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BOOK II - CRIMES AGAINST PROPERlY

Puhlichuildine a. By the breaking of doors, wardrobes,


chests, or any other kind of Jocked or
It refers to every building owned by the sealed furniture or receptacle, or door.
Government or belonging to a private person but
used or rented by the Government. although NOTE: Door refers only to ·doors, lids or
temporarily unoccupied by the same. opening sheets" of furniture or other
portable receptacles, not to inside doors
Inhabited house of house or building.

It refers to any shelter, ship or vessel b. By taking such furniture or objects away
constituting the dwelling of one or more persons to be broken or forced open outside the
even though the inhabitants thereof are place of the robbery.
temporarily absent therefrom when the robbery
is committed. NOTE: The crime committed would be
estafa or theft, if the Jocked or sealed
Dependencies receptacle is forced open in the building
where it is kept and not taken away to be
It consists of all interior courts, corrals, broken outside.
warehouses, granaries, barns, coach houses,
stables, or other departments, or enclosed ROBBERY IN AN UNINHABITED PLACE
interior entrance connected therewith and AND BY A BAND
which form part of the whole. Orchards and ART. 300, RPC
other lands used for cultivation or production
are not included, even if closed, contiguous to The Robbery mentioned in this article, if
the building, and having direct connection committed in an uninhabited place or by a band,
therewith. shall be punished by the maximum period of the
penalty provided therefor.
Requisites:
Robbery with force upon things (Art 299, RPC),
a. It must be contiguous to the building; in order to be qualified, must be committed in an
b. It must have an interior entrance uninhabited place and by a band (Art 300, RPC)
connected therewith; and while robbery with violence against or
c. It must form part of the whole. intimidation of persons must be committed in an
uninhabited place or by a band. (Art 295, RPC)
Illustration: A small store located on the ground
floor of a house is a dependency of the house, ROBBERY IN AN UNINHABITED PLACE OR IN
there being no partition between the store and A PRIVATE BUILDING
the house, and in going to the main stairway, one ART. 302, RPC
has to enter the store which has a door. (U.S. v.
Ventura, G.R. No. 13715,January 22, 1919) Elements
false kevs 1. Offender entered an uninhabited place or a
building which was not a dwelling house,
Genuine keys stolen from the owner or any keys not a public building, or not an edifice
other than those intended by the owner for use devoted to religious worship;
in the Jock forcibly opened by the offender.
2. Any of the following circumstances was
Elements of the serond kind of robbery with present:
force noon thinesunder Art 299 a. Entrance was effected through an
opening not intended for entrance or
1. Offender is inside a dwelling house, public egress
building or edifice devoted to religious
worship, regardless of circumstances under NOTE: If the entrance was made
which he entered it; and through the door which was open, or
closed but unlocked, and not through
2. Offender takes personal property belonging the window, the person who took
to another, with intent to gain, under any of personal property from the house with
the following circumstances: intent to gain is guilty only of theft and

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not robbery. Where an opening created Instances of committing robbery in a store


by the accidental bumping of a vehicle and crime committed
in the store's wall was made the
entrance of the malefactor, the taking of 1. If the store is used as a dwelling of one or
the personal property inside the store is more persons, the robbery committed
robbery and not theft because the hole therein would be considered as committed
is not intended for entrance or egress. in an inhabited house under Art. 299.
(People v. Suarez, G.R. No. L-6431, March 29,
b. Wall, roof, floor, or outside door or 1954)
window was broken
2. If the store was not actually occupied at the
NOTE: Like Robbery in an inhabited time of the robbery and was not used as a
house, the breaking should be made in dwelling, since the owner lived in a separate
order to effec.t the entrance into the house, the robbery committed therein is
place. If the wall, roof, floor etc. was punished under Art. 302. (People v. Silvestre,
broken in the course of escaping, the act 34 O.G. 1535)
committed is not Robbery.
3. If the store is located on the ground floor of
c. Entrance was effected through the use the house belonging to the owner, having an
of false keys, picklocks, or other similar interior entrance connected therewith, it is a
tools; dependency of an inhabited house and the
d. Door, wardrobe, chest. or any sealed or robbery committed therein is punished
closed furniture or receptacle was under the last paragraph of Art. 299. (U.S. v.
broken; Tapan, G.R. No. 6504, September 11, 1911)
e. Closed or sealed receptacle was
removed, even if the same be broken ROBBERY OF CEREALS, FRUITS, OR
open elsewhere; FIREWOOD IN AN UNINHABITED PLACE
OR PRIVATE BUILDING
NOTE: Under letters d and e, the robber ART. 303, RPC
did not enter through a window or
effected entrance by breaking the floor, Aoalicahilitv
door, wall, etc. Otherwise, these
circumstances by themselves already This applies when the robbery was committed
make the act as that of robbery. In these by the use of force upon things, without violence
cases, the robbers entered through the against or intimidation of any person in an
door, and once inside, broke the inhabited house, public building. or edifice
wardrobe, sealed or close receptacles devoted to religious worship (Art 299) or in an
etc., or took away closed or sealed uninhabited place or private building. (Art 302)
receptacle to be broken elsewhere.
The place where the robbery is committed under
3. With intent to gain, the offender took Article 302 must be a building which is not an
therefrom personal property belonging to inhabited house or public building or edifice to
another. religious worship.

Breaking of a padlock is use of force upon things. POSSESSION OF PICKLOCKS


The crime committed by the accused who OR SIMILAR TOOLS
entered in a warehouse by breaking the padlock ART. 304, RPC
of the door and took away personal property is
robbery. (People v. Mesias, G.R. No. L-45749 Elements (Pifk-la-Bol (2009 RAB)
January 29, 193, 38 O.G. No. 23)
1. Offender has in his possession picklocks or
Ruildioe similar tools;
2. Such picklocks or similar tools are specially
Includes any kind of structure used for storage adopted to the commission of ,mbbery; and
or safekeeping of personal property, such as (a) 3. Offender does not have lawful cause for
freight car and (b) warehouse. (U.S. v. Magsino, such possession.
G.R. No. 1339, November 28, 1903; U.S. v. Roque,
et al., 4 Phil 242) FALSE KEYS

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ART. 305, RPC Actual Mere formation


commission is punished
Commission
false kevs CS-0-Pickl ofthe crime
of robbery is
1. .l!iJ:klocks or similar tools; necessary
2. Genuine keys.s,tolen from the owner;
3. Any key other than those intended by the There is It may be
owner for use in the lock forcibly .flpened by always a committed
the offender. Preconceived
preconceived even without a
victim
victim preconceived
Possession of false keys in pars. 2 and 3 above victim
are not punishable. If the key was entrusted to
the offender and he used it to steal, the crime The main object of the Brigandage Law is to
committed is not robbery but theft. prevent the formation of bands of robbers. The
heart of the offense consists in the formation of a
BRIGANDAGE band by more than three armed persons for the
ART. 306, RPC purpose indicated in Art. 306. Such formation is
sufficient to constitute a violation of Art. 306.
Rrieaodaee CHBV-4-Raodl
On the other hand, if robbery is committed by a
There is brigandage when the following band, whose members were not primarily
requisites are present: organized for the purpose of committing
robbery or kidnapping, etc., the crime would not
1. There be at least i armed malefactors; be brigandage but only robbery. (People v. Puno,
2. They formed a 12a.wlof robbers; and G.R. No. 97471, February 17, 1993)
3. The purpose is any of the following:
a. To commit robbery in the highway; Highwayrobbery under P.D. 532
b. To kidnap persons for the purpose of
extortion or to obtain .c,ansom; Highway robbery or brigandage is the seizure for
c. To attain by means of force and ransom, extortion, or other unlawful purposes
ioolence any other purpose. or the taking away of property of another by
means of violence against or other unlawful
Essence ofhrieaodaee means, committed by any person on any
Philippine Highway.
Brigandage is a crime of depredation wherein
the unlawful at"tS are directed not only against Any person who aids or protects highway
specific, intended or preconceived victims, but robbers or abets the commission of highway
against any and all prospective victims robbery or brigandage shall be considered as an
anywhere on the highway and whoever they accomplice.
may potentially be.
Philianine hiehwav
Robbery in band vis-�•vis Brigandage
Any road, street, passage, highway, and bridges
ROBBERY BY BRIGANDAGE or other parts thereof, or railway or railroad
BASIS
A BAND Art. 306, RPC within the Philippines used by persons, or
Purpose is to Purpose is to vehicles, or locomotives, or trains for the
commit commit movement or circulation of persons or
robbery not robbery in transportation of goods, articles, or property, or
necessarily in highway; or to both.
highways kidnap a
Purpose person for Gravamen of hiehwav cobbecv/hrieandaee
ransom or any under P.D. No. 532
other purpose
attained by The Supreme Court pointed out that the purpose
force and of brigandage is, ;nter a/la, indiscriminate
violence highway robbery. P.D. 532 punishes as highway
robbery or brigandage only those acts of
robbery perpetrated by outlaws indiscriminately
against any person or persons on a Philippine

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CRIMINAL LAW

highway as defined therein, not acts committed ART. 308, RPC


against a predetermined or particular victim.
(People v. Puno, G.R. No. 97471, February 17, IiJ£f1
1993)
Theft is committed by any person who, with
NOTE: In U.S. v. Feliciano (3 Phil. 422), it was intent to gain but without violence against or
pointed out that highway robbery or brigandage intimidation of persons nor force upon things,
is more than ordinary robbery committed on a shall take personal property of another without
highway. The purpose of brigandage is the latter's consent.
indiscriminate robbery in highways. If the
purpose is only a particular robbery, the crime is Persons Hable0995 1996 2000 2006 2009
only robbery or robbery in band, if there are at lWU
least four armed participants.
1. Those who, with intent to gain, but without
HiehwaxBnhhecxvis-a-viS Brieandaee violence against or intimidation of persons
nor force upon things, take personal
property of another without the latter's
HIGHWAY ROBBERY BRIGANDAGE
consent;
P.O. 532 Art. 306, RPC
Crime must be Mere formation of 2. Those who having found Jost property, fail
committed band is punishable to deliver the same to the local authorities
or to its owner; (1998, 2001 BAR)
One malefactor will At least 4 armed
suffice malefactors NOTE: Lost property includes stolen
Indiscriminately Committed against property so that the accused who found a
committed against predetermined victims stolen horse is liable if he fails to deliver the
persons same to the owner or to the authorities
since the term .. lost" is generic in nature and
The offender is a The commission of
embraces loss by stealing or by any act of a
brigand who roams in robbery is only
person other than the owner as well as by
public highways and incidental and the
the act of the owner himself through same
carries out his offender is not a
casual occurrence. (People v. Rodrigo, G.R.
robbery in public brigand
No. L-18507, March 31, 1966)
hi•hwavs
Finder in fact
AIDING AND ABETTING
A BAND OF BRIGANDS
A person who finds a Jost item. The case of
ART. 307, RPC the finder of a Jost property affirms the fact
that the offender obtains only physical
Elements CAri-R-KJ possession of the thing. The finder in fact
has an obligation to deliver the property to
1. There is a band of llrigands; the owner if known, otherwise, surrender
2. Offender l:lnows the band to be of brigands; the property to the authorities.
and
3. Offender does any of the following acts:
a. He in any manner ,aids, abets or protects finderio law
such band of brigands; An officer of the law whom a lost item is
b. He gives them ,information of the
surrendered or turned over.
movements of the police or other peace
officers of the government; or 3. Those who after having maliciously
c. He acquires or .r.eceives the property damaged the property of another, remove or
taken by such brigands.
make use of the fruits or objett of the
damage caused by them; or
Penaltx
4. Those who enter an enclosed estate or a
Prision correccional in its medium period to
field where trespass is forbidden or which
prision mayor in its minimum period. belongs to another and, without the consent
of its owner, hunt or fish upon the same or
THEFT

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gather fruits, cereals or other forest or farm Q: Mario found a watch in a jeep he was
products. riding, and since i t did not belong to him, he
approached policeman P and delivered the
Elements CJ-R-P-Withnnt-C-YJ watch with instruction to return the same to
1. There is taking of jlersonal property; whoever may be found to be the owner. P
2. Property taken b,elongs to another; failed to return the watch to the owner and,
3. Taking was done with intent to gain; instead, sold it and appropriated for himself
4. Taking was donr without the ,onsent of the the proceeds of the sale.
owner; and
5. Taking is accomplished without the use of Charged with theft, P reasoned out that he
.l::,iolence against or intimidation of persons cannot be found guilty because it was not he
of force upon things. (Baltazar v. People, G.R. who found the watch. Moreover, the watch
No. 164545, November 20, 2006) turned out to be stolen property. Is P's
defense valid? (1998 BAR)
Illustration: While praying in church, A felt and
saw his wallet being taken by B, but because of A: NO. In a charge for theft, it is enough that the
the solemnity of the proceedings, did not make personal property subject thereof belongs to
any move; while the taking was with his another and not to the offender. It is irrelevant
knowledge, it was without his consent, and Theft whether the person deprived of the possession
is committed. of the watch has or has no right to the watch.
Theft is committed by one who, with intent to
"Takina" gain, appropriates property of another without
the consent of its owner. Furthermore, the crime
The act of depriving another of the possession is committed even when the offender receives
and dominion of movable property. The taking property of another but acquires only physical
must be accompanied by the intention, at the possession to hold the same. Pis a finder in law
time of the taking, of withholding the thing with liable for theft not estafa.
some character of permanency.
Test to determine whether an object can be
In the case of Pit-og v. People (G.R. No. 76539, the suhiect nftheft
October 11, 1990), the Court acquitted the
petitioner who took the sugarcane and bananas The test of what is the proper subject of larceny
believing them to be her own, due to the absence seems to be not whether the subject is corporeal
of criminal intent to gain. but whether it is capable of appropriation by
another.
Pwnecsbio in theft immaterial
NOTE: In the old ruling, when a person stole a
Ownership is immaterial in theft. The subject of check but was not able to use the same because
the crime of theft is any personal property the check bounced, he shall be guilty of the crime
belonging to another. Hence, as long as the of theft according to the value of the parchment.
property taken does not belong to the accused In the new ruling, however and following the
who has a valid claim thereover, it is immaterial same circumstances, he shall be guilty of an
whether said offender stole it from the owner, a impossible crime. Uacinto v. People, G.R. No.
mere possessor, or even a thief of the property. 162540,july 13, 2009)
(Miranda v. People, G.R. No. 176298, January 25,
2012) Cnmolete unlawful rakine
Illustration: Where the finder of the lost or Unlawful taking is deemed complete from the
mislaid property entrusts it to another for moment the offender gains possession of the
delivery to a designated owner, the person to thing, even ifhe has no opportunity to dispose of
whom it is thus confided, assumes by voluntary the same.
substitution, as to both the property and the
owner, the same relation as was occupied by the tmmaterialirv of carrxine awax of the thine
finder. If he misappropriates it, he is guilty of !l!ll!!.
Theft as if he were the actual finder of the same.
(People v. Avila, G.R. No.19786, March 31, 1923) In theft. it is not required for the thief to be able
to carry away the thing taken from the owner.
The consummation of this crime takes place

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upon the voluntary and malicious taking of the Qualified Theft [S-G-V-Co-Fi-Fi) [2007. 2010
property which is realized upon the material BAR)
occupation of the taking, that is, when he had full
possession thereof even if he did not have the 1. If theft is committed by a domestic ,iervant;
opportunity to dispose of the same. 2. If the theft is committed with irave abuse
Proof that the accused is in possession of a of confidence;
recently stolen property gives rise to a valid
presumption that he stole the property. NOTE: If the offense is to be qualified by
abuse of confidence, the abuse must be
No crime nfknsrcared theft grave, like an accused who was offered food
and allowed to sleep in the house of the
Unlawful taking, which is the deprivation of complainant out of the latter's pity and
one's personal property, is the element which charity, but stole the latter's money in his
produces the felony in its consummated stage. At house when he left the place.
the same time, without unlawful taking as an act
of execution, the offense could only be 3. If the property stolen is a motor ll:ehicle,
attempted theft, if at all. With these mail matter or large cattle; (2002 BAR)
considerations, under Artide 308 of the RPC, 4. If the property stolen consist of mconuts
theft cannot have a frustrated stage. Theft can taken from the premises of a plantation;
only be attempted or consummated. (Valenzuela 5. If the property stolen is fish taken from a
v. People, G.R. No. 160188,June 21, 2007) fishpond or fishery; or
6. If property is taken on the occasion of tire,
NOTE: The ability of the offender to freely earthquake, typhoon, volcanic eruption,
dispose of the property stolen is not a or any other calamity, vehicular accident
constitutive element of the crime of theft. Such or dvil disturbance. (2006 BAR)
factor runs immaterial to the statutory definition
of theft, which is the taking. with intent to gain, Q: Mirto is a Branch Manager of UCC. It was
of personal property of another without the alleged that he used the credit line of
latter's consent. accredited dealers in favor of persons wbo
either had no credit lines or had exhausted
Theft vis-a-vis Esrafq their credit lines. He diverted cement bags
from the company's Norzagaray Plant or La
Union Plant to truckers wbo would buy
THEFT ESTAFA
cement for profit.
If only the physical Where both the
or material material and juridicaJ In these transactions, he instructed the
possession of the possession are customers that payments be made in the
thing is transferred transferred, form of·Pay to Cash" checks, for which he did
misappropriation of not issue any receipts. He did not remit the
the property would checks but these were either encashed or
constitute estaa deposited to bis personal bank account. What
is the crime commjtted?
Theft vis-a-vis Bohherx
A: Qualified theft through grave abuse of
confidence. His position entailed a high degree
THEFT ROBBERY of confidence, having access to funds collected
The offender does The offender uses from UCC clients. As Branch Manager of UCC
not use violence or violence or who was authorized to receive payments from
intimidation or does intimidation or enters a UCC customers, he gravely abused the trust and
not enter a house or house or building confidence reposed upon him by the
building through any through any of the management of UCC. Precisely, by using that
of the means means specified in trust and confidence, Mirto was able to
specified in Articles Articles 299 and 302, perpetrate the theft of UCC funds to the grave
299 and 302, RPC RPC prejudice of the latter. (People v. Mirto, G.R. No.
193479, October 19, 2011)
QUALIFIED THEFT
ART. 310, RPC Q: Mrs. S was a bank teller. In need of money,
she took PS,000.00 from her money drawer

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and made it appear that a certain depositor envelopes and was talking to someone on her
made a withdrawal from his account when in phone.
fact no such withdrawal was made. What
crime was committed b y Mrs. S? Later on, Mejares told Torres that she was
A: Qualified theft. Mrs. S was only in material instructed by Gavino to also take a watch and
possession of the deposits as she received the jewelry since thecash was not enough to pay
same in behalf of the bank. Juridical possession the driver in the accident who was
remains with the bank. Juridical possession threatening to sue. Mejares placed
means possession which gives the transferee a everything in a green bag and tried to leave
right over the thing which the transferee may set the condominium. Is Valencia liable of the
up even against the owner. If a bank teller crime of qualified theft?
appropriates the money for personal gain then
the felony committed is theft. Further, since Mrs. A: YES. Normal human experience, as well as the
S occupies a position of confidence, and the bank consistency in and confluence of the testimonies
places money in her possession due to the of prosecution witnesses, lead to no other
confidence reposed on her, the felony of conclusion than that Mejares, taking advantage
qualified theft was committed. (Roque v. People of her being a domestic helper of private
G.R. No. 138954, November 25, 2004) complainant for approximately a year,
committed the crime of qualified theft.
Q: Clepto went alone to a high-end busy shop
and decided to take one of the smaller purses Thus, the Court has been consistent in holding
without paying for it. Overcame by that ·intent to gain or animus lucrandi is an
conscience, she decided to leave her own internal act that is presumed from the unlawful
purse in place of the one she took. Her act taking by the offender of the thing subject of
was discovered and Clepto was charged with asportation. Thus, actual gain is irrelevant as the
theft. She claimed that there was no theft, as important consideration is the intent to gain." In
the store suffered no injury or prejudice this case, it is clear from the established facts
because she had left a purse in place of the that it was Mejares who opened the drawer in
one she took. Comment on her defense. the masters' bedroom and took away the cash
(2014BAR) and valuables it contained. (People v. Mejares,
G.R. No. 2255735,January 10, 2018, as penned by
A: The defense of Clepto has no merit. Theft is ]. Leanen)
already consummated from the moment Clepto
took possession of one of the smaller purses THEFT OF THE PROPERTY OF THE NATIONAL
inside a high-end shop, without paying for it. She LIBRARY AND NATIONAL MUSEUM
took the personal property of another, with ART. 311, RPC
intent to gain, without the consent of the latter.
Damage or injury to the owner is not an element Theft of property of National Library and
of theft, hence, even if she left her purse in lieu of National Museum has a fixed penalty regardless
the purse she took, theft is still committed. of its value, but if the crime is committed with
grave abuse of confidence, the penalty for
Q: On May 22, 2012, according to Raquel qualified theft shall be imposed.
Torres, one of the household helper of
victims Spouses Gavino, Belen Mejares USURPATION
received a call. She hurried to the computer
room and answered the call away from OCCUPATION OF REAL PROPERTY OR
Torres. When Mejares returned, she was USURPATION OF REAL RIGHTS IN PROPERTY
"pale, perspiring. and panicky." When Torres ART. 312, RPC
asked about the identity of the caller,
Mejares did not answer. She told her instead r,miShable acts
that Gavino met an accident and instructed
her to get something from a drawer in the 1. Taking possession of any real property
master's bedroom. belonging to another; and
2. Usurping any real rights in property
Since it was Jocked, Mejares was supposedly belonging to another.
told to destroy it. When Mejares emerged
from the bedroom, she was holding a plastic EJements of occupation of real property or
hamper that contained black wallet and 11s11rnarinn of real riehrs in nronertv

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1. Offender takes possession of any real there is only civil liability. (People v. Dimacutak,
property or usurps any real rights in et al., 51 O.G. 1389)
property;
2. Real property or real rights belongs to ALTERING BOUNDARIES OR LANDMARKS
another: ART. 313, RPC
3. Violence against or intimidation of persons
is used by the offender in occupying real Elements
property or usurping real rights in property;
(1996 BAR) and 1. There are boundary marks or monuments of
4. There is intent to gain. towns, provinces, or estates, or any other
marks intended to designate the boundaries
If the accused is the owner of the property which of the same; and
he usurped from the possessor, he cannot be 2. Offender alters said boundary marks.
held liable for usurpation. Considering that this
is a crime against property, there must be intent Intent to gain is not necessary. The mere act of
to gain. In the absence of the intent to gain, the alteration or destruction of the boundary marks
act may constitute coercion. is sufficient.

No senarare cbaree ofhomicide CULPABLE INSOLVENCY


FRAUDULENT INSOLVENCY
If in the act of occupying a real property, ART. 314, RPC
somebody was killed, there can be no separate
charge of homicide. If homicide was used in Elements
order to occupy the property, then homicide is
absorbed. If a person was killed after the 1. Offender is a debtor, that is, he has
offender has already occupied the property, he is obligations due and payable;
liable for a separate charge of homicide. 2. He absconds with his property; and
3. There be prejudice to his creditors.
Acts punished by RA. 947
The fraud must result in the actual prejudice of
Entering or occupying public agricultural land his creditors. If the accused concealed his
including public lands granted to private property fraudulently but it turned out that he
individuals. has some other property with which to satisfy
his obligation, he is not liable under this article.
Squatters
Essence of the crime
1. Those who have the capacity or means to
pay rent or for legitimate housing but are Any property of the debtor is made to disappear
squatting anyway. for the purpose of evading the fulfillment of the
2. Also the persons who were awarded lots but obligations and liabilities contracted with one or
sold or lease them out. more creditors to the prejudice of the latter
3. Intruders of lands reserved for socialized Being a merchant qualifies the crime as the
housing. pre-empting possession by penalty is increased.
occupying the same. (Urban Deve/apment
and Housing Act R.A. 7279) SWINDLING AND OTHER DECEITS

NOTE: R.A. 7279 (Urban Development and SWINDLING (ESTAFA)


Housing Act does not define the word "squatter." ART. 315, RPC
What the law defines is ·professional squatter.") 1999, 2003, 2009, 2010, 2013 BAR)
There is only civil liability if there is no violence Elements of est.afa in general
or intimidation in taking possession of reaJ
property. 1. Accused defrauded another by abuse of
confidence or by means of deceit - This
Thus, if the accused took possession of the land covers the three different ways of
of the offended party through other means, such committing estafa under Art. 315, thus:
as strategy or stealth, during the absence of the
owner or of the person in charge of the property,

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a. With unfaithfulness or abuse of d. There is a demand made by the


confidence; offended
b. By means of false pretenses or party to the offender.
fraudulent acts; or
c. Through fraudulent means NOTE: The fourth element is not necessary
when there is evidence of misappropriation
2. Damage or prejudice capable of pecuniary of the goods by the defendant.
estimation is caused to the offended party or
third person. Illustration: The accused received in trust
the money from the complainants for the
a. The failure of the entrustee to turn over particular purpose of investing the same
the proceeds of the sale of the goods, with the Philtrust Investment Corp. with the
documents, or instruments covered by a obligation to make delivery thereof upon
trust receipt, to the extent of the amount demand but failed to return the same
owing to the entruster, or as appearing despite demands. It was admitted that she
in the trust receipt; or used the money for her business. Accused is
b. The failure to return said goods, guilty of estafa through misappropriation.
documents, or instruments if they were (Fontanilla v. People, G.R. Na. 120949, July 5,
not sold or disposed of in accordance 1996) (2015 BAR)
with the terms of the trust receipt.
A money market transaction, however.
Elements of eswc« with unfaithfulness or partakes the nature of a loan, and non­
abuse of confidence under Art. 315 {11 payment thereof would not give rise to
criminal liability for estafa through
1. Under paragraph (a): misappropriation or conversion. In money
a. Offender has an onerous obligation to market placements, the unpaid investor
deliver something of value; should institute against the middleman or
b. He alters its substance, quantity, or dealer, before the ordinary courts, a simple
quality; and at1:ion for recovery of the amount he had
c. Damage or prejudice is caused to invested, and if there is allegation of fraud,
another. the proper forum would be the SEC.
(Sesbreno v. CA, G.R. Na. 84096, January 26,
Illustration: Where the accused is bound by 1995)
virtue of a contract of sale, payment having
been received to deliver first class of rice 3. Under paragraph (c):
(e.g. milagrosa) but delivered an inferior a. The paper with the signature of the
kind, or that he bound himself to deliver offended party is in blank;
1000 sacks but delivered less than 1000 b. Offended party delivered it to the
because the other sacks were filled with offender;
different materials, he is guilty of estafa with c. Above the signature of the offended
unfaithfulness or abuse of confidence by party, a document is written by the
altering the quantity or quality of anything offender without authority to do so; and
of value by virtue of an obligation to do so. d. The document so written creates a
liability of, or causes damage to, the
2. Under paragraph (b): offended party or any third person.
a. Money, goods, or other personal
property is received by the offender in Q: Is the accused's mere failure to turn over
trust. or on comm1ss10n, or for the thing delivered to him in trust despite
administration, or under any other demand and the duty to do so, constitutes
obligation involving the duty to make est.afa under Art. 315 par 1 (b)?
delivery of, or to return, the same;
b. There is misappropriation or A: NO. The essence of estafa under Art. 315 (1)
conversion of such money or property (b) of the RPC is the appropriation or conversion
by the offender, or denial on his part of of money or property received, to the prejudice
such receipt; of the owner thereof. It takes place when a
c. Such misappropriation or conversion or person actually appropriates the property of
denial is to the prejudice of another; and another for his own benefit, use. and enjoyment.
The failure to account, upon demand, for funds

UNIVERSITY Of SANTO TOMAS


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or property held in trust is a mere circumstantiaJ Unable to sell the ring and the bracelet, Rosa
evidence of misappropriation. delivered both items to Aurelia with the
understanding that Aurelia should, in tum,
In other words, the demand for the return of the return the items to Victoria, Aurelia dutifully
thing delivered in trust and the failure of the returned the bracelet to Victoria but sold the
accused to account for it are circumstantial ring. kept the cash proceeds thereof to
evidence of misappropriation. herself, and issued a check to Victoria which
bounced.
However, this presumption is rebuttable. If the
accused is able to satisfactorily explain his Victoria sued Rosa for estofa under Art. 315
failure to produce the thing delivered in trust, he of the RPC, insisting that delivery to a third
may not be held liable for estafa. In the case at person of the thing held in trust is not a
bar, however. since the medical representative defense in estafa. Is Rosa criminally liable for
failed to explain his inability to produce the estofa under the circumstances? (1999 BAR)
thing delivered to him in trust, the rule that ·the
failure to account, upon demand, for funds or A: NO. Rosa cannot be held criminally liable for
property held in trust is circumstantial evidence estafa. Although she received the jewelry from
of misappropriation• applies without doubt. Victoria under an obligation to return the same
(Filadams Pharma, Inc. v. CA, C.R. No. 132422, or deliver the proceeds thereof, she did not
March 30, 2004) misappropriate it. In fact, she gave them to
Aurelia specifically to be returned to Victoria.
Q: D'Aigle posits that Article 315, paragraph The misappropriation was done by Aurelia, and
l(h) of the RPC requires that the person absent the showing of any conspiraty between
charged was given juridical possession of the Aurelia and Rosa, the latter cannot be held
thing misappropriated. criminally liable for Aurelia's acts.

Here, he did not acquire juridical possession Elements of esmfo hv means of talse
of the things allegedly misappropriated nretenses or fraudulent acrs under Artkle
because his relation to SPis properties was 315 (21
only by virtue of his official functions as a
corporate officer. It is actually SPI, on whose I. Under paragraph (a) -
behalf he has acted, that has the juridical a. Using fictitious name;
possession of the said properties. Is the b. Falsely pretending to possess power,
D'Aigle correct? influence, qualifications, property,
credit. agency, business or imaginary
A: NO. Misappropriation or conversion may be transactions; or
proved by the prosecution by dirett evidence or c. By means of other similar deceits.
by circumstantial evidence. The failure to
account upon demand, for funds or property 2. Under paragraph (b) - Altering the quality,
held in trust, is circumstantial evidence of fineness, or weight of anything pertaining to
misappropriation. his art or business.

As mentioned, D'Aigle failed to account for, upon 3. Under paragraph (c) - Pretending to have
demand, the properties of SPI which were bribed any government employee, without
received by him in trust. This already constitutes prejudice to the action for calumny which
circumstantial evidence of misappropriation or the offended party may deem proper to
conversion of said properties to petitioners own bring against the offender. (2014 BAR)
personal use. (Andre L D'Aigle v. People C.R. No.
174181,june27, 2012) 4. Under paragraph (d) - postdating a check or
issuing a check in payment of an obligation.
Q: Aurelia introduced Rosa to Victoria, a (2014 BAR)
dealer of jewelry. Rosa agreed to sell a
diamond ring and a bracelet to Victoria on a 5. Under paragraph (e) -
commission basis, on the condition that, if a. By obtaining any food, refreshment or
the items cannot be sold, they may be accommodation at a hotel, inn,
returned to Victoria forthwith. restaurant, boarding house, lodging
house or apartment house without

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paying therefore, with intent to defraud Effecr of fiJBnce to cnmnlv wUh ademand ro
the proprietor or the manager thereof; settle the nhliearinn
b. By obtaining credit at any of said
establishments using any false pretense; The effect of failure to comply with a demand to
or settle the obligation will give rise to a prima
c . By abandoning or surreptitiously facie evidence of deceit, which is an element of
removing any part of his baggage from the crime of estafa, constituting false pretense or
any of said establishments after fraudulent act as stated in the second sentence
obtaining credit, food, refreshment or of paragraph 2(d), Article 315 of the RPC.
accommodation therein, without paying (People v. Montaner, ibid.)
therefore.
Q: Can the fact that the accused was not the
Elements of estafa under par. 2 {d) of Art. actual maker of the check be put up as a
ill defense?

1. The postdating or issuance of a check in A: NO. In the case of People v. ls/eta, eta/. and
payment of an obligation contratted at the reiterated in the case of Za/gado v. CA, it was
time the check was issued; held that the appellant, who only negotiated
2. Lack of sufficiency of funds to cover the directly and personally the check drawn by
check; and another, is guilty of estafa because he had "guilty
3. Damage to the payee. (People v. Montaner, knowledge that at the time he negotiated the
G.R. No. 184053, August 31, 2011) check, the drawer has no sufficient funds."
(Garcia v. People, G.R. No. 144785, September 11,
Aoalication ofActifle 315 C2l Cdl 2003)

Article 315 (2) (d) applies when: Elements of Estafa through fraudulent means
1. Check is drawn to enter into an obligation underArtkle 315C31
2. Obligation is not pre-existing
1. Under paragraph (a) -
NOTE: The check must be genuine. If the check a. Offender induced the offended party
is falsified and is encashed with the bank or to sign a document;
exchanged for cash, the crime is estafa thru b. Deceit was employed to make him
falsification of a commercial document. sign the document;
c. Offended party personally signed the
llllustration: The accused must be able to document; and
obtain something from the offended party by d. Prejudice was caused.
means of the check he issued and delivered.
Thus, if A issued a check in favor of B for a debt Illlustration: A induced an illiterate owner
he has incurred a month or so ago, the dishonor who was desirous of mortgaging his
of the check for insufficiency of funds in the bank property for a certain amount. to sign a
does not constitute Esta/a. But if A told B to document which he believed was only a
deliver to him Pl0,000 and he would issue in power of attorney but in truth it was a deed
favor of B a check in the sum of Pll,000 as it of sale. A is guilty of Esta/a under par. 3(a)
was a Sunday and A needed the cash urgently, and the damage could consist at least in the
and B gave his Pl0,000 having in mind the profit disturbance in property rights. (U.S. v.
of Pl,000 when he encashed the check on Ma/ong, GR. No. L·12597, August 30, 1917)
Monday and the check bounced when deposited,
A can be held liable for Esta/a. In such case, it 2. Under paragraph (b) - Resorting to some
was clear that B would have not parted with his fraudulent practice to insure success in a
Pl0,000 were it not for the issuance of A's check. gambling game;

Good faith asadefense 3. Under paragraph (c) -


a. Offender removed, concealed, or
The payee's knowledge that the drawer has no destroyed;
sufficient funds to cover the postdated checks at b. Any court record, office files,
the time of their issuance negates estafa. documents or any other papers; and
c. With intent to defraud another.

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CRIMINAL LAW

Illustration: When a lawyer, pretending to only if there is a contrattual relationship


verify a certain pleading in a case pending between the accused and the complainant.
before a court, borrows the folder of the
case and removes or destroys a document Pavmeot of an ohHeation before the
which constitutes evidence in the said case, institution of the complaint
said lawyer is guilty of estafa under par.
3(c). Payment of an obligation before the institution
of the complaint does not relieve the offender
Q: What does fraud and deceit in the crime of from liability. Mere payment of an obligation
estafa mean? before the institution of a criminal complaint
does not. on its own, constitute novation that
A: In Alcantara v. CA, the Court, citing People v. may prevent criminal liability.
Balasa, explained the meaning of fraud and
deceit, viz.: The criminal liability for estofa already
committed is not affected by the subsequent
Fraud in its general sense is deemed to comprise novation of contract. for it is a public offense
anything calculated to deceive, including all acts, which must be prosecuted and punished by the
omissions, and concealment involving a breach State. (Milla v. People, C.R. No. 188726, January
of legal or equitable duty, trust, or confidence 25,2012)
justly reposed, resulting in damage to another,
or by which an undue and unconscientious Effecr of novation or comoromiSe tn the
advantage is taken of another. criminal liability of a necson accused of
estafa
It is a generic term embracing all multifarious
means which human ingenuity can device, and Novation or compromise does not affect the
which are resorted to by one individual to criminal liability of the offender. So, partial
secure an advantage over another by faJse payment or extension of time to pay the amount
suggestions or by suppression of truth and misappropriated or acceptance of a promissory
includes all surprise, trick. cunning, dissembling note for payment of the amount involved does
and any unfair way by which another is cheated. not extinguish criminal liability. because a
criminal offense is committed against the people
Dece;t is the false representation of a matter of and the offended party may not waive or
fact whether by words or conduct, by false or extinguish the criminal liability that the law
misleading allegations, or by concealment of that imposes for the commission of the offense.
which should have been disclosed which
deceives or is intended to deceive another so In order that novation of contract may relieve
that he shall act upon it to his legal injury. (Lateo the accused of criminal liability, the novation
y Eleazar v. People, C.R. No.161651,June 8, 2011) must take place before the criminal liability is
incurred; criminal liability for estafa is not
Demand as a condition ncecedent to the affected by compromise or novation of contact
existence ofeswfo for it is a public offense which must be
prosecuted and punished by the State at its own
GR: There must be a formal demand on the volition.
offender to comply with his obligation before he
can be charged with estofa. Q: Reynaldo and Adrandea were authorized
to extend credit accommodation to clients up
XPN: to P200,000. However, Metrobank's client,
1. When the offender's obligation to comply is Universal Converter Philippines, Inc., was
subject to a period; and able to make withdrawals totaling
2. When the accused cannot be located despite PBl,652,000 against uncleared regional
due diligence. checks. Such withdrawals were without prior
approval ofMetrobank's head office.
Navarino theocx
Subsequently, Metrobank and Uruversal
It contemplates a situation wherein the victim's entered into a Debt Settlement Agreement
acceptance of payment converts the offender's whereby the latter acknowledged its
criminal liability to a civil obligation. It applies indebtedness to the former in the total
amount of PS0,990,976. Will the Debt

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BOOK II - CRIMES AGAINST PROPERlY

Settlement extinguish the criminal liability where the person to whom it was delivered can
for estafa? set off his right to possess even as against the
owner, and the latter should not be expecting
A: NO. Novation is not a mode or extinguishing the immediate return or the property, the
criminal liability for estafa. The criminal liability misappropriation or taking or that property is
therefor is not affected by a compromise or estofa. (U.S. v. Figueroa, G.R. No. 6748, March 16,
novation of contract. Reimbursement or belated 1912)
payment to the offended party or the money
swindled by the accused does not extinguish the Q: A, intending 10 redeem certain jewels,
criminal liability or the latter. (Metropolitan gave the pawnshop tickets 10 B, her servant,
Bank and Trust Company v. Rogelio Reynado ond so that the latter might take care or them
Jose C. Adrondea, GR. No. 164538, August 9, 2010) temporarily.

Robbery vis-A-vis Theft vis-A-vis Estafa One week later, B met C who got the tickets
and refused to return them alleging that the
tickets were or no value notwithstanding the
ROBBERY THEFT ESTAFA
demands made by B. Later, C redeemed the
Only Only personal Subject jewels without the knowledge and consent or
personal property is matter may be A or B. What crime did C commit?
property is involved real property
involved A: Complex crime or theft and estafa, because
the former is a necessary means to commit the
Taking is by Taking is not Taking is not
latter. C, with intent to gain, took the pawnshop
means of by means or by means or
tickets without the consent or either A or B. This
force force upon force upon
is theft. By redeeming the jewels by means or the
upon things things or things or
pawnshop tickets, he committed estofa using a
or violence violence violence
fictitious name. (People v. Yusay, G.R. No. L-
against or against or against or
26957, September 2, 1927)
intimidation intimidation intimidation
of persons. of persons. or persons.
Bsrafq with abuse of ronfidence vis-ti-vis
Penalty does Penalty Penalty Malvecsation
not depends on depends on
necessarily the amount the amount ESTAFA WITH
depend on involved. involved. ABUSE OF MALVERSATION
the amount CONFIDENCE
involved. Funds or property are Involves public funds
always private or property
Offender Offender Offender Offender is a private Offender is usually a
takes the takes the receives the
individual or even a public officer who is
property property property.
public officer who is accountable for public
without the without the not accountable for funds or property
consent or consent of the
public funds or
the owner by owner and
property
using threats, without using
Crime is committed Crime is committed by
intimidation threats,
by misappropriating, appropriating, taking
or violence. intimidation
converting or denying or misappropriating
or violence.
having received or consenting, or,
money, goods or other through abandonment
NOTE: The crime is theft even if the property personal property or negligence,
was delivered to the offender by the owner or permitting any other
possessor, if the latter expects an immediate
person to take the
return or the property delivered, that is, he public funds or
delivered only the physical or material
orooertv
possession or the property. (11.S. v. De Vera, G.R.
Offenders are entrusted with funds or property
No.16961, September 19, 1921)
Continuine offenses
However. if what was delivered was juridical
possession or the property, that is, a situation

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Esta/a through false pretense made in writing is usurp legislative powers by judicial legislation
only a simple crime of estafa, not a complex and that in the course of such application or
crime of estofa through falsification. construction, it should not make or supervise
legislation. or under the guise of interpretation,
Estofa vis-A-vis Infidelity in the custody of modify, revise, amend, distort. remodel, or
i f 11 ' I rewrite the law, or give the law a construction
INFIDELITY IN THE which is repugnant to its terms. ( Corpuz v.
ESTAFA CUSTODY OF People, C.R. No.180016, April 29, 2014)
DOCUMENTS
Private individual Public officer entrusted OTHER FORMS OF SWINDLING
was entrusted with the document. ART. 316, RPC
with the
document. Othecfncms ofswiodHoe
Intent to defraud. No intent to defraud.
1. Conveying, selling, encumbering, or
Separate charges of estofa and illegal mortgaging any real property, pretending
to be the owner of the same.
cecn,irroeot
Elements:
It is settled that a person may be charged and
a. Thing be immovable;
convicted separately of illegal recruitment under b. Offender who is not the owner of said
RA. No. 8042, in relation to the Labor Code, and
property should represent that he is the
estafa under Article 315, paragraph 2(a) of the
owner thereof;
Revised Penal Code. We explicated in People v. c. Offender should have executed an act of
Cortez ond Yobut that: In this jurisdiction, it is
ownership (selling, leasing, encumbering
settled that the offense of illegal recruitment
or mortgaging the real property); and
is ma/um prohibltum where the criminal intent d. Att is made to the prejudice of the
of the accused is not necessary for conviction,
owner or of a third person.
while estafa is ma/um ;n se where the criminal
intent of the accused is crucial for NOTE: There must be existing real property
conviction. Conviction for offenses under the
in order to be liable under this Article. If the
Labor Code does not bar conviction for offenses
real property is inexistent, the offender will
punishable by other laws. Conversely, conviction be liable for estofa under par. 2(a).
for estofa under par. 2(a) of Art. 315 of the
Revised Penal Code does not bar a conviction for
2. Disposing real property knowing it to be
illegal recruitment under the Labor Code. It
encumbered even if the encumbrance be not
follows that one's acquittal of the crime of estafa
recorded. (1998 BAR)
will not necessarily result in his acquittal of the
crime of illegal recruitment in large scale, Elements:
and vice versa. (People v. Ochoa, C.R. No. 173792, a. That the thing disposed of is real
August 31, 2011; 2015 BAR) property;
Q: In providing the penalty, may the Court NOTE: If the thing encumbered is a
validly provide penalties for crimes against personal property, it is Art. 319 (selling
property based on the current inflation rate or pledging personal property) which
computing from the time the case was filed? governs and not this Article.
A: NO. There seems to be a perceived injustice b. Offender knew that the real property
brought about by the range of penalties that the was encumbered, whether the
courts continue to impose on crimes against encumbrance is recorded or not;
property committed today, based on the amount
of damage measured by the value of money NOTE: Encumbrance includes every
eighty years ago in 1932. However, this Court right or interest in the land which exists
cannot modify the said range of penalties in favor of third persons
because that would constitute judicial
legislation. c. There must be express representation
by the offender that the real property is
Verily, the primordial duty of the Court is merely free from encumbrance; and
to apply the law in such a way that it shall not

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BOOK II - CRIMES AGAINST PROPERlY

d . Act of disposing of the real property be his bond, or before being relieved from
made to the damage of another. the obligation contracted by him.

NOTE: If the loan had already been granted NOTE: Art. 316 contemplates the existence of
before the property was offered as a actual damage as an element of the offense. Mere
security, Art. 316 (2) is not violated. intent to cause damage is not sufficient.
3. Wrongful taking of personal property from Art 316CJlvis-ta-visArt 315nae 2 Cal
its lawful possessor to the prejudice of the
latter or a third person;

Elements:
a. Offender is the owner of personal
property; offender It is roa er
b. Said personal property is in the lawful exercises or executes, because it can be
possession of another; as part of the false committed even if
c. Offender wrongfully takes it from its representation, some the offender does
lawful possessor; and act of dominion or not execute acts of
d. Prejudice is thereby caused to the ownership over the ownership, as long
possessor or third person. property to the as there was a false
damage and prejudice pretense
4. Executing any fictitious contract to the of the real owner of
prejudice of another; the thin

5. Accepting any compensation given to him SWINDLING A MINOR


under the belief it was in payment of ART. 317, RPC
services or labor when he did not actually
perform such services or labor; and Elements

NOTE: This Article requires fraud as an 1. Offender takes advantage of the


important element. If there is no fraud, it inexperience or emotions or feelings of a
becomes payment not owing, known as minor;
so/utio indebiti under the Civil Code with the
civil obligation to return the wrong 2. He induces such minor to assume an
payment. (Reyes, 2017) obligation, or to give release, or to execute a
transfer of any property right;
It would seem that what constitutes estofa
under this paragraph is the malicious failure NOTE: Real property is not inducted
to return the compensation wrongfully because it cannot be made to disappear,
received. (Reyes, 2017) since a minor cannot convey real property
without judicial authority.
6. Selling, mortgaging, or in any manner
encumbering real property while being a 3. Consideration is some loan of money, credit
surety in bond without express authority or other personal property; and
from the court or before being relieved from
the obligation. 4. Transaction is to the detriment of such
minor.
Elements:
a. Offender is a surety in a bond given in a Amial ncoof of deceit or miscenresenratinn
criminal or civil action; not necessary
b. He guaranteed the fulfillment of such
obligation with his real property or It is not essential that there is actual proof of
properties; deceit or misrepresentation. It is sufficient that
c. He sells, mortgages, or, in any other the offender takes advantage of the inexperience
manner encumbers said real property; or emotions of the minor.
and
d. Such sale, mortgage or encumbrance is OTHER DECEITS
without express authority from the ART. 318, RPC
court, or made before the cancellation of

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CRIMINAL LAW

Other kinds of deceit under Art. 318 [2000 money would be invested in Philam Life Fund
BAR) Management and that its proceeds may be
utilized to pay for Gabriel's insurance premiums.
1. Defrauding or damaging another by any (Osorio v. People, G.R. No. 207711,July 2, 2018, as
other deceit not mentioned in the preceding penned by J. Leanen)
articles; and
2. Interpreting dreams, making forecasts, CHATTEL MORTGAGE
telling fortunes, or taking advantage of the
credulity of the public in any other similar REMOVAL, SALE OR PLEDGE OF
manner, for profit or gain. MORTGAGED PROPERTY
ART. 319, RPC
Deceits in this article include false pretenses and
fraudulent acts. Punishable acrs
Q: Osorio, an agent of Philam Life, offered 1. Knowingly removing any personal property
Gabriel insurance policy. During the meeting, mortgaged under the Chattel Mortgage Law
Osorio presented her ID and calling card. to any province or city other than the one in
Gabriel accepted and consistently paid her which it was located at the time of execution
premiums. Later on, Gabriel received a letter of the mortgage, without the written
from PMlAM thanking her for investing her consent of the mortgagee or his executors,
money with PMIAM. Gabriel confronted administrators, or assigns.
Osorio on why her investment was diverted
to PMlAM, Osorio explained that PMIAM Elements:
investments would yield a higher rate of a. Personal property is mortgaged under
return, Displeased, Gabriel asked for a the Chattel Mortgage Law;
refund of her initial investment. b. Offender knows that such property is so
Consequently, Gabriel received P13,000.00 mortgaged;
from PMIAM. In spite of this, Gabriel insisted c. Offender removes such mortgaged
on the refund. PMIAM informed Gabriel that personal property to any province or
her initial invesbnent and unpaid interest city other than the one in which it was
income would be released to her. located at the time of the execution of
Unfortunately, she was unable to recover it. the mortgage;
Demands were made to Osorio, but these d. Removal is permanent: and
remained unheeded. Osorio was charged e. There is no written consent of the
with estafa under Article 315(2)(e). Is Osorio mortgagee or his executors,
guilty of estafa under Article 315(2)(e)? administrators or assigns to such
removal.
A: NO, Osorio is not guilty of estafa under Article
315(2)(e), but is guilty of other deceits under NOTE: Any person can be the offender.
Article 318 of the RPC. Article 318 of the Revised
Penal Code is broad in application. It is intended 2. Selling or pledging personal property
as a catch-all provision to cover all other kinds of already pledged, or any part thereof, under
deceit not falling under Articles 315, 316, and the terms of the Chattel Mortgage Law,
317 of the RPC. without the consent of the mortgagee
written on the back of the mortgage and
Osorio, in soliciting Gabriel's money, falsely noted on the record thereof in the office of
represented that it would be invested in Philam the register of deeds of the province where
Life and that its proceeds would be used to pay such property is located.
for Gabriel's insurance premiums. This false
representation is what induced Gabriel to part Elements:
with her funds and disregard the payment of her a. Personal property is already pledged
insurance premiums. under the terms of the Chattel Mortgage
Law;
Since Osorio deviated from what was originally b. Offender, who is the mortgagor of such
agreed upon by placing the investment in property, sells, or pledges the same or
another company, Gabriel's insurance policies any part thereof; and
lapsed. Osorio must be criminally liable for c. There is no consent of the mortgagee
misrepresenting to Gabriel that the latter's written on the back of the mortgage and

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BOOK II - CRIMES AGAINST PROPERlY

noted on the record thereof in the office or committed on several or different


of the register of deeds. occasions;
b. Any building of public or private
NOTE: Chattel mortgage must be valid and ownership, devoted to the public in
subsisting. Removal of the mortgaged general, or where people usually gather
personal property must be coupled with or congregate for a definite purpose
intent to defraud. such as, but not limited to official
governmental function or business,
Chattel mocreaee vis-ta-yjs Esrafo private transaction, commerce, trade
workshop, meetings and conferences, or
CHATTEL ESTAFA merely incidental to a definite purpose
BASIS such as but not limited to hotels, motels,
MORTGAGE Art 316, RPC
transient dwellings, public conveyance
The property The property or stops or terminals, regardless of
Asto involved is a involved is a whether the offender had knowledge
property personal real property that there are persons in said building
involved property or edifice at the time it is set on fire and
regardless also of whether the building
Selling or It is sufficient is actually inhabited or not; (1994 BAR)
pledging of that the real c. Any train or locomotive, ship or vessel,
personal property airship or airplane, devoted to
property mortgaged be transportation or conveyance, or for
already sold as free, public use, entertainment or leisure;
pledged or even though d. Any building, factory, warehouse
mortgaged is the vendor installation and any appurtenances
committed by may have thereto, which are devoted to the
the mere obtained the service of public utilities; or
failure to consent of the e. Any building the burning of which is for
Asto
obtain the mortgagee in the purpose of concealing or destroying
commission consent of the writing. evidence of another violation of law, or
mortgagee in for the purpose of concealing
writing even if bankruptcy or defrauding creditors or
the offender to collect from insurance. (1995 BA.R)
should inform
the purchaser 2. Two or more persons or by a group of
that the thing persons, regardless of whether their
sold is purpose is merely to bum or destroy the
mortgaged. building or the burning merely constitutes
an overt act in the commission of another
To protect the To protect the violation of law.
mortgagee purchaser,
Asto whether the
purpose 3. A.ny person who shall burn:
first or the a. Any arsenal, shipyard, storehouse or
second military powder or fireworks factory,
ordinance, storehouse, archives or
DESTRUCTIVE ARSON general museum of the Government.
ART. 320, RPC AS AMENDED BY R.A. 7659 b. In an inhabited place, any storehouse
or factory of inflammable or explosive
NOTE: The laws on arson in force today are P.D. materials.
1613 on Simple Arson, and Art. 320, as amended
by R.A. 7659 on Oestrut1:ive Arson. (Reyes, 2017) NOTE: If there was intent to kill, the crime
committed is not arson but murder by means of
Commission of Destructive Arson fire.

1. A.ny person who shall burn: (2000 BAR) Pesrn,crive Arson xis-ta-vis Simole Acsnn
underPP No 1613
a. One or more buildings or edifices,
consequent to one single act of burning,
or as a result of simultaneous burnings,

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CRIMINAL LAW

The nature of Destruc.tive Arson is distinguished Q: Mario was hired by the PNB as caretaker
from Simple Arson by the degree of perversity or of its lot situated in Balanga, Bataan.
viciousness of the criminal offender. Consequently, Mario put up on the said lot a
sign which reads "No Trespassing. PNB
Special Aggravating Circumstances in Arson: Property" to ward off squatters. Despite the
1. If committed with intent to gain; sign, Julita, believing that the said lot was
2. If committed for the benefit of another; owned by her grandparents, constructed a
3. If the offender be motivated by spite or nipa hut thereon. Hence, Mario, together
hatred towards the owner; or with four others, tore down and demolished
4. If committed by a syndicate. Julita's hut. She thus filed with the MTC a
criminal complaint for ma licious mischief.
NOTE: The slightest discoloration of a part of a Mario admitted that he deliberately
building is consummated arson. But when a demolished Julita's nipa hut but he contends
person who intends to burn a structure by that the third element of the crime of
collecting and placing rags soaked in a gasoline malidous mischief, i.e., that the act of
and placed them near the wall of the building damaging another's property be committed
but who was discovered as he was about to set merely for the sake of damaging it, is not
fire to the rags is liable for attempted arson. present in this case. He maintains that the
demolition of the nipa hut is for the purpose
MALICIOUS MISCHIEF of safeguarding the interest of his employer.
ART. 327, RPC Was the court correct in convicting Mario of
malidous mischief/
Malidons miScbief
A: YES, Mario's conviction for malicious mischief
The willful damaging of another's property by must be sustained. As to the third element,
any act not constituting arson or crimes of Mario was not justified in summarily and extra·
destruction due to hate, revenge, or mere judicially demolishing fulita's nipa hut. As it is,
pleasure of destroying. Mario proceeded, not so much to safeguard the
lot, as it is to vent out his anger and express his
Elements disgust over the "no trespassing" sign he placed
thereon. Indeed, his act of summarily
1. Offender deliberately caused damage to the demolishing the house smacks of his pleasure in
property of another; causing damage to it. (Valeroso v. People, G.R. No.
2. Such ac.t does not constitute arson or other 149718. September 29, 2003)
crimes involving destruction; and
3. Act of damaging another's property be SPECIAL CASES OF MALICIOUS MISCHIEF OR
committed merely for the sake of damaging QUALIFIED MALICIOUS MISCHIEF
it. ART. 328, RPC
Q: There was a collision between the side
Punishable acrs
view mirrors of two (2) vehicles.
Immediately thereafter, the wife and the 1. Causing damage to obstruct the
daughter of A alighted from the CRV and performance of public functions;
confronted B. A, in view of the hostile 2. Using any poisonous or corrosive substance;
attitude of B, summoned his wife and 3. Spreading any infections among cattle; and
daughter to enter the CRV and while they 4. Causing damage to the property of the
were in the process of doing so, B moved and National Museum or National Library, or to
accelerated his Vitara backward as if to hit any archive or registry, waterworks, road,
them. Was there malicious mischief/ promenade, or any other thing used in
common by the public.
A: YES. The hitting of the back portion of the
CRV by B was clearly deliberate. The act of NOTE: The cases of malicious mischief under
damaging the rear bumper of the CRV does not this article are also called qualified malicious
constitute arson or other crimes involving mischief.
destruction. When the Vitara bumped the CRV, B
was venting out his anger and hate as a result of OTHER MISCHIEFS
a heated encounter between him and A. ART. 329, RPC
(Taguinod v. People, G.R. No.185833, October 12,
2011)

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BOOK II - CRIMES AGAINST PROPERlY

Q: The cows of B caused destruction to the spouse before the same passed into the
plants of A. A s an act of revenge, A and his possession of another; and
tenants killed said cows. What is the crime 3. Brothers and sisters and brothers-in-law
committed? and sisters·in-law, if living together.

A: The crime committed out of hate and revenge, NOTE: The exemption does not apply to
is that of malicious mischief penalized by Art. strangers participating in the commission of the
329, RPC. offense.

DAMAGE OR OBSTRUCTION TO MEANS OF Reason for exemptjon


COMMUNICATION
ART. 330,RPC The law recognizes the presumed co•ownership
of the property between the offender and the
How committed offended party.

It is committed by damaging any railway, Persons also included in the enumeration


telegraph, or telephone lines.
The stepfather, adopted children, natural
When is the crime m,alified children, concubine, and paramour.

This crime would be qualified if the damage


results in any derailment of cars, collision, or
other accident.

DESTROYING OR DAMAGING STATUES,


PUBLIC MONUMENTS OR PAINTINGS
ART. 331,RPC

Persons liable

1. Any person who shall destroy or damage


statues or any other useful or ornamental
public monuments;
2. Any person who shall destroy or damage
any useful or ornamental painting of a
public nature.

PERSONS EXEMPT FROM CRIMINAL


LIABILITY IN CRIMES AGAINST PROPERTY
ART. 332,RPC

Crimesinvolved in thisArtkle
1. Theft;
2. Swindling (estafa); and
3. Malicious mischief.

If any of the crimes is complexed with another


crime, such as Estafa thru Falsification, Art. 332
is not applicable.

Persons exemnred under Art 332 RPC


(2000 2006RAB)
1. Spouses, ascendants and descendants, or
relatives by affinity in the same line;
2. The widowed spouse with respect to the
property which belonged to the deceased

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CRIMES AGAINST CHASTITY A: NO, because of the following reasons:


1. There may not be a joint criminal intent,
although there is joint physical act. One of
NOTE: Rape is no longer a crime against chastity. the parties may be insane and the other
It has been re-classified under R.A. 8353 as a sane, in which case, only the sane could be
crime against person. held liable criminally. (Reyes, 2017)
2. The man may not know that the woman is
Crimes which ace considered as orivate married, in which case, the man is innocent
crimes 3. Death of the woman during the pendency
of the action cannot defeat the trial and
1. Adultery conviction of the man.
2. Concubinage 4. Even if the man had left the country and
3. Seduction could not be apprehended, the woman can
4. Abduction be tried and convicted.
5. Acts of lasciviousness

They cannot be prosecuted except upon the


Adultervxis-a-viS Pcosrinnion
complaint initiated by the offended party. The
law regards the privacy of the offended party
here as more important than the disturbance to
the order of society. The law gives the offended
party the preference whether to sue or not to
Committed by a Committed by a
sue. But the moment the offended party has
married woman who woman whether
initiated the criminal complaint, the public
shall have sexual married or not. who
prosecutor will take over and continue with
intercourse with a for money or profit,
prosecution of the offender. This is so because
man not her husband. habitually indulges in
when the prosecution starts, the crime already
sexual intercourse or
becomes public and it is beyond the offended
lascivious conduct
party to pardon the offender.
CONCUBINAGE
ADULTERY
ART. 333, RPC ART. 334, RPC

Elements C2002 2006 201sRABl Punishable acrsunder concuhinaee


1. Keeping a mistress in the conjugal dwelling.
1. To convict a woman for adultery, it is
2. Having sexual intercourse, under scandalous
necessary:
a. That she is a married woman; and circumstances, with a woman who is not his
b. That she unites in sexual intercourse wife.
3. Cohabiting with her in any other place.
with a man not her husband.

2. To convict a man for adultery, it is Unlike in adultery where a single sexual


intercourse may constitute such a crime, in
necessary:
a. That he had actual intercourse with a concubinage, a married man is liable only when
he had sexual intercourse under scandalous
married woman; and
circumstances.
b. That he commits the act with the
knowledge that said woman is married.
ElementsCl994 2002 2010 RAB)
A single intercourse consummates the crime of
1. Man must be married;
adultery. Each sexual intercourse constitutes a
2. He committed any of the following acts:
crime of adultery, even if it involves the same
man. The sexual intercourse need not to be
a. Keeping a mistress in the conjugal
proved by direct evidence. Circumstantial
dwelling;
evidence like seeing the married woman and her
paramour in scanty dress, sleeping together,
Illustration: If the charges consist in
alone in a house, would suffice.
keeping a mistress in the conjugal
dwelling, there is no need of proof of
Q: Is the acquittal of one of the defendants
sexual intercourse. The conjugal
operates as a cause of acquittal of the other?

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BOOK 11 • CRIMES AGAINST CHASTllY

dwelling is the house of the spouses even if done before the institution or filing of the
the wife happens to be temporarily absent criminal complaint.
therefrom. The woman however must be
brought to the conjugal house by the Q: May a husband be liable for concubinage
accused as concubine to fall under this and adultery at the same time for the same
article. Thus, if the co-accused was act of illicit intercourse with the wife of
voluntarily taken and sheltered by the another man?
spouses in their house, and treated as an
adopted child being a relative of the A: YES. When the husband commits concubinage
complaining wife, her illicit relations with with a married woman and provided that the
the accused husband does not make her a two offended parties, i.e., his wife and the
mistress. husband of his mistress file separate cases
against him.
b. Having sexual intercourse, under
scandalous circumstances, with a ACTS OF LASCIVIOUSNESS
woman who is not his wife; or
Kinds of acts of lasciviousness
Illustration: For the crime of
concubinage by having sexual 1. Under Art. 336 (Acts of lasciviousness); and
intercourse under a scandalous manner 2. Under Art. 339 (Acts of lasciviousness with
to exist, it must be done imprudently the consent of the offended party)
and wantonly as to offend modesty and
sense of morality and decency. Thus, ACTS OF LASCIVIOUSNESS
where the accused and his mistress ART. 336, RPC
lived in the same room of a house,
comported themselves as husband and Elements
wife publicly and privately, giving the
impression to everybody that they were 1. Offender commits any act of lasciviousness
married, and performed acts in sight of or lewdness;
the community which gave rise to 2. Act of lasciviousness is committed against a
criticism and general protest among person of either sex; and
neighbors, they committed concubinage. 3. It is done under any of the following
circumstances:
c. Cohabiting with her in any other place. a. By using force or intimidation;
b. When the offended party is deprived
Illustration: If the charge is cohabiting of reason or otherwise unconscious;
with a woman not his wife in any other c. By means of fraudulent machination
place, proof of ac.tual sexual intercourse or grave abuse of authority; or
may not be necessary too. But the term d. When the offended party is under 12
"cohabit# means intercourse together as years of age or is demented.
husband or wife or living together as
husband and wife. The cohabitation Under Art. 336, acts of lasciviousness is
must be for some period of time which committed when the act performed with lewd
may be a week, a year or longer as design was perpetrated under circumstances
distinguished from occasional or which would have brought about the crime of
transient meetings for unlawful sexual rape if sexual intercourse was effected. Where
intercourse. circumstances however are indicative of a clear
intention to lie with the offended party, the
3. As regards the woman, she must know him crime committed is Attempted Rape.
to be married.
Illustration: When the accused not only kissed
Parriesincluded in the comolaint and embraced the complainant but also fondled
her breast with particular design to
The complaint must include both parties if they independently derive vicarious pleasure
are both alive. In case of pardon or when the therefrom, the element of lewd design exists.
offended spouse consented, the same shall bar
the prosecution of the offenses, provided it be If lewd design cannot be proven as where the
accused merely kissed and embraced the
complainant either out of passion or other

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motive, touching her breast as a mere incident. NOTE: Mere words can constitute sexual
the act would be categorized as unjust vexation. harassment unlike in acts of lasciviousness,
(People v. Climaco, 46 O.G. 3186) where there must be overt acts.

Offended party under this article Punishable acts under the Anti-Sexual
Hacassment Act CRA 76771
The offended party may be a man or a woman:
1. In a work-related or employment
1. Under 12 years of age; or environment, sexual harassment is
2. Being over 12 years of age, the lascivious committed when:
acts were committed on him or her through
violence or intimidation, or while the a. The sexual favor is made as a condition
offender party was deprived of reason, or in the hiring or in the employment, re­
otherwise unconscious. employment or continued employment
of said individual, or in granting said
Bemliremeot in order ro sustain convhlino individual favorable compensation,
for acts of lasciviousness terms, conditions, promotions, or
privileges; or the refusal to grant the
It is essential that the acts complained of be sexual favor results in limiting.
prompted by lust or lewd designs and that the segregating or classifying the employee
victim did not consent or encourage such acts. which in a way would discriminate,
deprive or diminish employment
Intent to rape as an element of the crime opportunities or othenvise adversely
affect said employee;
Intent to rape is NOT a necessary element of the b. The above acts would impair the
crime of acts of lasciviousness; othenvise, the employee's rights or privileges under
crime would be attempted rape. existing labor laws; or
c. The above acts would result in an
NOTE: There can be no frustration of acts of intimidating. hostile, or offensive
lasciviousness, rape, or adultery. From the environment for the employee.
moment the offender performs all elements
necessary for the existence of the felony, he 2. In an educational or training
actually attains his purpose and, from that environment, sexual harassment is
moment. all the essential elements of the offense committed:
have been accomplished.
a. Against one who is under the c.are,
Arrs of lascivim,sness xis-ti-vis Attemnted custody or supervision of the offender;
� b. Against one whose education, training,
apprenticeship or tutorship is entrusted
ACTS OF to the offender;
ATTEMPTED RAPE c. When the sexual favor is made a
LASCIVIOUSNESS
condition to the giving of a passing
Purpose is only to Purpose is to lie with grade, or the granting of honors and
commit acts of the offended woman. scholarships, or the payment of a
lewdness. stipend, allowance or other benefits,
Lascivious acts are Lascivious acts are but privileges, or considerations; or
themselves the final the preparatory acts to d. When the sexual advances result in an
objective sought by the commission of rape. intimidating. hostile or offensive
the offender. environment for the student, trainee or
apprentice.
Illustration: When the accused lifted the dress
of the offended party, and placed himself on top NOTE: Any person who directs or induces
of her but the woman awoke and screamed for another to commit any act of sexual harassment
help and despite that, the accused persisted in as herein defined, or who cooperates in the
his purpose, tearing the drawers, kissing and commission thereof by another without which it
fondling her breasts, the crime is not only acts of would not have been committed, shall also be
lasciviousness but that of attempted rape. held liable under this Att. (Sec. 3, R.A. 7877)

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Q: Will administrative sanctions bar NOTE: In the case of a teacher, it is not


prosecution of the offense? necessary that the girl be his student. It is
enough that she is enrolled in the same
A: NO. It shall not be a bar to prosecution in school.
proper courts for unlawful acts of sexual
harassment. 2. Those who abused the confidence reposed
in them:
SEDUCTION, CORRUPTION OF MINORS AND a. Priest;
WHITE SLAVE TRADE b. Home servant; or
c. Domestic.
Commission of seduction
3. Those who abused their relationship:
Seductlon is committed by enticing a woman to a. Brother who seduced his sister; or
unlawful sexual intercourse by promise of b. Ascendant who seduced his descendant.
marriage or other means of persuasion without
use of force. NOTE: If the offended party is a descendant or a
sister of the offender - no matter how old she is
QUALIFIED SEDUCTION or whether she is a prostitute - the crime of
ART. 337, RPC quaJified seduction is committed.

Aas thatconsrihne miaHfied sedncrion Virginity for purposes of qualified seduction

1. Seduction of a virgin over 12 years and Virginity does not mean physical virginity. It
under 18 years of age by certain persons, refers to a woman of chaste character or
such as, a person in public authority, priest, virtuous woman of good reputation.
home servant, domestic, guardian, teacher,
or any person who, in any capacity shall be NOTE: Virginity is not to be understood in a
entrusted with the education or custody of material sense as to exclude the idea of
the woman seduced; abduction of a virtuous woman of a good
reputation. Thus, when the accused claims he
Elements: (2007 BAR) had prior sexual intercourse with the
a. Offended party is a virgin which is complainant, the latter is still to be considered a
presumed if she is unmarried and of virgin.
good reputation;
b. She is over 12 and under 18 years of SIMPLE SEDUCTION
age; ART. 338, RPC
c. Offender has sexual intercourse with
her; and Elements
d. There is abuse of authority, confidence,
or relationship on the part of the 1.Offended party is over 12 and under 18
offender. years of age;
2. She must be of good reputation, single or
2. Seduction of a sister by her brother, or widow;
descendant by her ascendant, regardless of 3. Offender has sexual intercourse with her;
her age or reputation. In this case, it is not and
necessary that the offended party is still a 4. It is committed by means of deceit
virgin.
The deceit usually takes the form of promise to
Persons liable forqualified seduction marry. If the promise to marry is made after the
sexuaJ intercourse, there is no deceit. Neither is
1. Those who abused their authority: there deceit if the promise is made by a married
a. Person in public authority; man, the woman knowing him to be married.
b. Guardian;
c. Teacher: or NOTE: Virginity of the offended party is not
d. Person who, in any capacity, is required.
entrusted with the education or custody
of the woman seduced. ACTS OF LASCIVI OUSNESS WITH THE
CONSENT OF THE OFFENDED PARTY
ART. 339, RPC

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Doing unchaste acts are unnecessary


Elements
It is NOT necessary that unchaste acts are done;
1. Offender commits acts of lasciviousness or mere proposal consummates the offense. Victim
lewdness; must be of good reputation, not a prostitute or
2. Acts are committed upon a woman who is corrupted person.
virgin or single or widow of good
reputation, under 18 years of age but over WHITE SLAVE TRADE
12 years, or a sister or descendant ART. 341, RPC AS AMENDED BY B.P. 186
regardless of her reputation or age; and
3. Offender accomplishes the acts by abuse of Punishable acrs
authority. confidence, relationship, or deceit.
1. Engaging in the business of prostitution;
Acrs of Jasrivinnsness without consent vis-a­ 2. Profiting by prostitution; and
vis Acrs nflascivionsness with consent 3. Enlisting the service of any other for the
purpose of prostitution.
ACTS OF
ACTS OF
LASCIVIOUSNESS NOTE: Mere enlisting of the services of women
LASCIVIOUSNESS
WITHOUT CONSENT
WITH for the purpose of prostitution, whether the
CONSENT offender profits or not, is punishable.
Art. 336, RPC
Art. 339, RPC
The ac.ts are The acts of Cocnmtloo of mioocs vis-a-vi£ While slave
committed under lasciviousness are .!Il!.!!t
circumstances which, committed under the
had there been carnal circumstances which,
knowledge, would had there been carnal CORRUPTION OF WHITE SLAVE
amount to rape. knowledge, would MINORS TRADE
amount to either It is essential that Minority need not be
qualified seduction or victims are minors. established.
simple seduction. Not necessarily for Generally for profit.
The offended party is The offended party orofit.
a female or a male. could only be female. Committed by a Generally, committed
single act. habitually.
If the offended party The offended party
is a woman, she need must be a virgin.
not be a virnin. ABDUCTION

CORRUPTION OF MINORS Ahducrinn


ART. 340, AS AMENDED BY B.P. 92
It is the taking away of a woman from her house
or the place where she may be for the purpose of
Pecsnns liable carrying her to another place with intent to
Any person who shall promote or facilitate the marry or to corrupt her. (People v. Crisostomo, 46
prostitution or corruption of persons underage Phil. 775, G.R. No. 19034 February 17, 1923)
to satisfy the lust of another.
1. Forcible abduction (Art 342, RPC)
NOTE: Under the present wordings of the law, a 2. Consented abdut1:ion (Art 343, RPC)
single act of promoting or facilitating the
corruption or prostitution of minor is sufficient FORCIBLE ABDUCTION
ART. 342, RPC
to constitute violation of this article.

lllustration: This is usually the act of a pimp Elements


who offers to pleasure seekers, women for the
satisfaction of their lustful desires. A mere 1. Person abducted is any woman, regardless
proposal would consummate the crime. But it of her age, civil status, or reputation;
must be to satisfy the lust of another, not the 2. Abduction is against her will; and
proponent's. The vit1:im must be below 18 years
of age. NOTE: If the female is below 12 years of age,
there need not be any force or intimidation

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2021 GOLDEN NOTES
BOOK 11 • CRIMES AGAINST CHASTllY

to constitute Forcible Abduction. In fact, the shown to be suffering from depressive


abduction may be with her consent and the symptoms and presence of sexual abuse.
reason is because she has no will of her own, Cayanan interposed the sweetheart defense
and therefore is incapable of giving consent. and presented two love letters supposedly
written by AAA. The RTC and CA convicted
3. Abduction is with lewd designs Cayanan of Forcible Abduction with Qualified
Rape. Is Cayanan guilty for the crime of
NOTE: Where lewd design was not proved fordble abduction with qualified rape?
or shown, and the victim was deprived of
her liberty, the crime is kidnapping with A: NO. Cayanan should only be liable for
serious illegal detention under Art. 267. qualified rape. Forcible abduction is absorbed in
the crime of rape if the real objective of the
Illustration: If the accused carried or took accused is to rape the victim. In this case,
away the victim by means of force and with circumstances show that AAA's abduction was
lewd design and thereafter raped her, the with the purpose of raping her. (People v.
crime is forcible abduction with rape, the Cayanan, G.R. No. 200080,July 18, 2014)
former being a necessary means to commit
the latter. The subsequent two other sexual CONSENTED ABDUCTION
intercourses committed against the will of ART. 343, RPC
the complainant would be treated as two
separate counts of Rape. (People v. Baca/so, Elements (2002 RABl
G.R. No. 94531·32,June22, 1992)
1. Offended party must be a virgin;
Nan,ce ofthe crime nffncfihle abduction
NOTE: The virginity mentioned in this
The act of the offender is violative of the Article should not be understood in its
individual liberty of the abducted, her honor and material sense and does not exclude the idea
reputation, and of public order. of abduction of a virtuous woman of good
reputation because the essence of the
Sexualiotercm,cse is not neressacx offense is not the wrong done to the woman
but the outrage to the family and the alarm
Sexual intercourse is not necessary in forcible produced in it by the disappearance of one
abduttion, the intent to seduce a girl is sufficient. of its members. (Va/depenos v. People, G.R.
No. L-20687,Apri/30, 1966)
NOTE: Rape may absorb forcible abduction if the
main objective was to rape the victim. 2. She must be over 12 and under 18 years of
age;
Crimes against chastity where age and 3. Taking away of the offended party must be
rem,rarion ofthe victim are immaterial with her consent. after solicitation or
cajolery from the offender; and
1. Rape; 4. Taking away of the offended party must be
2. Acts of lasciviousness against the will or with lewd designs.
without the consent of the offended party;
3. Qualified seduction of a sister or NOTE: In consented abduction, it is not
descendant: or necessary that the young victim (a virgin over
4. Forcible abduction. twelve and under 18) be personally taken from
her parent's home by the accused; it is sufficient
Q: AAA was about to enter the school campus that she was instrumental in leaving the house.
with her friend when Cayanan, her brother• The accused must however use solicitation,
in-law, arrived on a tricycle and pulled AAA cajolery or deceit, or honeyed promises of
towards the tricycle. She tried shouting but marriage to induce the girl to escape from her
Cayanan covered her mouth. cayanan home.
brought AAA to a dress shop to change her
clothes since she was in her school uniform, Q: Kim, who is barely 16 years of age, went
and later to a Jollibee outlet Afterwards, he home late one evening. Her mother scolded
brought her to his sister's house and raped her. Kim went out of their house and went to
her inside a bedroom. AAA told her mother the house of her boyfriend Tristan. The
and brother of the incident and she was mother of Tristan tried her best to send Kim

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home but the latter refused to d o so. That A: NO. Kim was not taken away after solicitation
night, Kim slept in the room of Tristan and or cajolery. Kim was the one who went to the
they had sexual intercourse. The mother of house of Tristan.
Kim filed a case of Consented Abduction
against Tristan. Will the charge prosper?

PROSECUTION OF THE CRIMES OF ADULTERY, CONCUBINAGE, SEDUCTION,


ABDUCTION, RAPE, AND ACTS OF LASCIVIOUSNESS
ART. 344, RPC

Adultery and Concubinage vis-a-vis Seduction. Abduction. and ActS of lasciviousness

ADULTERY AND SEDUCTION, ABDUCTION AND ACTS OF


B1\SIS
CONCUBINAGE LASCIVIOUSNESS

Must be prosecuted upon Must be prosecuted upon complaint signed by:


complaint filed by the offended 1. Offended party
spouse (1991 BAR) 2. Her parents
3. Grandparents, or
Both the guilty parties, if alive, 4. Guardians in the order named above.
must be included in the
complaint for adultery or GR: Offended party, even if a minor, has the right to
concubinage institute the prosecution for the above mentioned
Prosecution
offenses, independently of her parents, grandparents or
guardian.

XPN: If she is incompetent or incapable of doing so upon


grounds other than her minority.

NOTE: If the offended woman is of age, she should be the


one to file the comolainL
Must be made by the offended An express pardon by the offended party or other
party to both the offenders persons named in the law to the offender. as the case
may be, bars prosecution.
May be a bar to prosecution if
made before the institution of GR: Parent cannot validly grant pardon to the offender
the criminal action without the express pardon of the offended party.

May be express or implied XPN: When she is dead or otherwise incapacitated to


Pardon
grant it, her parents. grandparents or guardian may do
so for her.

GR: Pardon by the offended party who is a minor must


have the concurrence of the parents.

XPN: When the offended girl has no parents who could


concur in the oardon.

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CRIMINAL LAW

Parties who may file the complaint where LIABILITY OFASCENDANTS, GUARDIANS,
offended minor fails to file the same TEACHERS O R OTHER PERSONS ENTRUSTED
WITH THE CUSTODY OF
1. Parents; THE OFFENDED PARTY
2. Grandparents; or ART. 346, RPC
3. Guardian.
Crimes covered
NOTE: The right to file the action granted to the
parents, grandparents or guardian is exclusive 1. Rape;
and successive in the order provided. 2. Acts of lasciviousness;
3. Qualified seduction;
I.real effect of the marriaee of the offender 4. Simple seduttion;
and the offended nartv 5. Acts of lasciviousness with the consent of
the offended party;
Marriage of the offender with the offended party 6. Corruption of minors;
in seduction, abduction, ac:t.s of lasciviousness, 7. White slave trade;
and rape extinguishes criminal action or remits 8. Forcible abduction; and
the penalty already imposed. 9. Consented Abduction.

The extinguishment of criminal action by reason Liability of ascendants m,ardians reachecs


of marriage of the offended party with the or other necsons enrn,sred with the custody
offended in the crimes of seduction, abduction, ofthe offended nartv
and acts of lasciviousness shall extend to co­
principals, accomplices, and accessories. Persons who cooperate as accomplices in the
However, in the case of rape, it is only the perpetration of the crimes covered are punished
liability of the principal which will be as principals. They are:
extinguished.
1. Ascendants;
Rule on extinction o f criminal liability if the 2. Guardians;
raoe wasc.nmmiued bx the husband 3. Curators;
4. Teachers; or
GR: The subsequent forgiveness of the wife 5. Any other person who cooperates as
extinguishes the criminal action against the accomplice with abuse of authority or
husband. confidential relationship.

XPN: The crime shall not be extinguished if the


marriage is void ab inltlo.

CIVIL LIABILITY OF PERSONS GUILTY OF


CRIMES AGAINST CHASTITY
ART. 34 5, RPC

Civil liabmtv of nersons euiltv of raoe


seducrion or abducrion

1. To indemnify the offended woman;


2. To acknowledge the offspring, unless the
law should prevent him from doing so; or
3. In every case to support the offspring.

Civil liabilitv of the adulterer and the


concnbine

To indemnify for damages caused to the


offended spouse.

NOTE: No civil liability is incurred for acts of


lasciviousness.

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BOOK II - CRIMES AGAINST THE CIVIL STATUS OF PERSONS

CRIMES AGAINST THE CML The substitution may be effected by placing a


STATUS OF PERSONS live child of a woman in place of a dead one of
another woman. (Reyes, 2017)
SIMULATION OF BIRTHS, SUBSTITUTION OF
ONE CHILD FOR ANOTHER, AND Elements of the third way of committing the
CONCEALMENT OR ABANDONMENT crime Cconcealioe or abandonine aux
OF A LEGITIMATE CHILD leeifimare cbild wUh intent tn cause such
ART. 34 7, RPC child to lose its civil status)

Punishable acts 1. The child must be legitimate;


2. The offender conceals or abandons such
1. Simulation of births; child; and
2. Substitution of one child for another; and 3. The offender has the intent to cause the
3. Concealing or abandoning any legitimate child to lose its civil status.
child with intent to cause such child to lose
its civil status. Ahandonine a Minor vis-ta-vis Simulation of
Births. Substitution of One Child for Another.
The commission of any of the acts defined in this and Concealment ofa Leeitimate Child
Article must have, for its object, the creation of a
false civil status. The purpose is to cause the loss
of any trace as to the foliation of the child. (Reyes,
2012)

When sim1llarino ofbirth rakes olace '2002


.IWU

Simulation of birth takes place when the woman


pretends to be pregnant when in fact she is not,
and on the day of the supposed delivery, takes
the child of another as her own.

The woman is liable together with the person The offender must be is any
who furnishes the child. (Guevara, as cited in the one who has the person
Reyes, 2008) custody of the child

NOTE: The fact that the child will be benefited The purpose of the The offender is to
by simulation of birth is not a defense since it offender is to avoid cause the child to
creates a false status detriment of members of the obligation of lose its civil status
the family to which the child is introduced. rearing and caring the
child
In People v. Sangalang (74 O.G. 5983), it was
ruled that for the crime to exist. it must be USURPATION OF CIVIL STATUS
shown that the pretending parents have ART. 348, RPC
registered or caused the registration of the child
with the Registry of Births or that in so doing How crime is committed
they were motivated by a desire to cause the loss
of any trace as to the child's filiation to his It is committed when a person represents
prejudice. himself to be another and assumes the filiation
or the parental or conjugal rights of such
When snhslirntion rakes olace another person. There must be intent to enjoy
the rights arising from the civil status of
Substitution takes place when X is born of A and another.
B; Y is born of C and D; and the offender with
intent to cause the loss of any trace of their tndnsion in riv'il stab1s
filiation, exchanges X and Y without the
knowledge of their respective parents. Civil status includes one's public station or the
rights, duties, capacities, and incapacities which
determine a person to a given class.

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Qualification of this crime Q: A was legally married to B on November


26, 1992. He later filed a petition seeking the
If the purpose is to defraud offended parties and declaration of nullity of their marriage. On
heirs. 10 December 2001, he contracted a second
or subsequent marriage with C. The court
Illustration: Where a person impersonates later declared the nullity of the marriage of A
another and assumes the latter's right as the son and B on June 27, 2006. Did A commit
of wealthy parents, the former commits a bigamy?
violation of this article.
A: YES. At the time of his second marriage with
BIGAMY C, his marriage with B was legally subsisting. It
ART. 349, RPC is noted that the finality of the decision declaring
the nullity of his first marriage with B was only
ElementsCJ996 2004 2006 2012 BABl on June 27, 2006 or about five (SJ years after his
second marriage to C. The second or subsequent
1. That the offender has been legally married; marriage of petitioner with C has all the
2. That the marriage has nat been legally essential requisites for validity. (Teves v. People,
dissolved or. in case his or her spouse is G.R. No. 188775, August 24, 2011)
absent, the absent spouse could not yet be
presumed dead according to the Civil Code; Generally. a judicial declaration of nullity of
3. That he contracts a second or subsequent macriaee is necessacv
marriage; and
4. That the second or subsequent marriage has GR: A judicial declaration of nullity of a previous
all the essential requisites for validity, except marriage is necessary before a subsequent one
for the existence of the first marriage. can be legally contracted. One who enters into a
subsequent marriage without first obtaining
NOTE: The second husband or wife who knew of such judicial declaration is guilty of bigamy. This
the first marriage is an accomplice. The witness principle applies even if the earlier union is
who falsely vouched for the capacity of either of charatterized by statutes as "void." (Mercado v.
the contracting parties is also an accomplice. Tan, G.R. No. 137110, Augustl, 2000)
(Reyes, 2008)
XPN: Where no marriage ceremony at all was
The second or subsequent marriage should be performed by a duly authorized solemnizing
valid were it not for the first marriage. officer.
Otherwise, the charge of Bigamy will not
materialize. (People v. Mendoza, G.R. Na. L-5877, The mere private act of signing a marriage
September 28, 1954) contract bears no semblance to a valid marriage
and thus, needs no judicial declaration of nullity.
Rieamv is NOIaorivare crime Such act alone, without more, cannot be deemed
to constitute an ostensibly valid marriage for
In the crime of Bigamy, it is immateriaJ whether which petitioner might be held liable for bigamy.
it is the first or the second wife who initiates the (Morigo v. People, G.R. No. 145226, February 6,
action, for it is a pubHc crlme which can be 2004)
denounced not only by the person affected
thereby but even by a civic-spirited citizen who NOTE: The death of the first spouse during the
may come to know the same. (People v. Belen, pendency of the case does not extinguish the
C.A., 45 O.G., Supp. 5, 88) crime because when the offender married the
second spouse, the first marriage was still
Rieamv vis-a-viS meeal marriaee subsisting.

Bigamy is a form of illegal marriage. Illegal Q: May the declaration of nullity of the
marriage also includes such other marriages second marriage on the ground of
which are performed without complying with psychological incapadty be raised as a
the requirements of law, or such premature defense in the crime of bigamy?
marriages, or such marriages which was
solemnized by one who is not authorized to A: NO. Although the judicial declaration of the
solemnize the same. nullity of a marriage on the ground of
psychological incapacity retroacts to the date of

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the celebration of the marriage insofar as the that the offender has been legally married; (2)
vinculum between the spouses is concerned, it is that the first marriage had not yet been legally
significant to note that said marriage is not dissolved or in case his or her spouse is absent,
without legal effects. Among these effects is that the absent spouse could not yet be presumed
the children conceived or born before the dead according to the Civil Code; (3) that he
judgment of absolute nullity of the marriage contracts a second or subsequent marriage; and
shall be considered legitimate. There is, (4) that the second or subsequent marriage has
therefore, a recognition wr;tten into the Jaw itself all the essential requisites for validity.
that such marriage, although void ab initio, may
still produce legal consequences. Among these In this case, all the elements of bigamy are
legal consequences is incurring criminal liability present. since Vitangcol was still legally married
for bigamy. As long as a marriage is contracted to Gina when he married Alice. His defense of
during the subsistence of a valid first marriage Certification from the Office of the Civil Registrar
the second marriage is automatically VOID, the implying that there is no record of the marriage
nullity of the second marriage is NOT a defense license issued to Vitangcol and his first wife Gina
for the avoidance of criminal liability. (Tenebro v. will not lie because marriages are not dissolved
CA, G.R. No. 150758, February 18, 2004) through mere certifications by the civil registrar.

Q: Can a person convicted of Bigamy still b e Hence, Vitangcol is still considered to be legally
prosecuted for concubinage? married to Gina when he married Alice and is
not exculpated from the bigamy charged.
A: YES, if he or she continues to cohabit with the (Vitangco/ v. People, G.R. No. 207406, January 13,
live-in partner for which he was accused and 2016, as penned by J. Leonen)
tried for Bigamy. (People v. Cabrera, G.R. No.
17855, March 4, 1922) Effecr of execntlnn of an Affidavit of
Pesisrance ducine the neodeocx ofrbeanneal
NOTE: Bigamy is an offense against civil status ina hieamx case
which may be prosecuted only at the instance of
the State. Concubinage is an offense against Q: Prudendo married Arlene In 1994. In
chastity and may be prosecuted only at the 2007, Prudencio abandoned his wife and
instance of the offended party. (Reyes, 2017) children and contracted a subsequent
marriage with Basan In 2010. He was
Commeocement ofocesrriotive oeriod charged for bigamy under Article 349 of the
Revised Penal Code. The trial court convicted
The prescriptive period does not commence him of the crime charged. During the
from the commission thereof but from the time pendency of his appeal in the Court of
of its discovery by the complainant spouse. Appeals, Arlene executed an Affidavit of
Desistance praying that the case be
Q: Vitangcol married Alice Eduardo and dismissed after she had reconcHed with
begot 3 children. After some time, Alice Prudencio. Is Prudencio still guilty for
began bearing rumors that her husband was bigamy despite the Affidavit of Desistance?
previously married to another woman
named Gina Gaerlan. Such marriage was A: YES. Prudencio should still be convicted for
supported by a marriage contract registered bigamy. Affidavits of desistance that were
with the NSO. This prompted Alice to file a executed after judgments of conviction had been
criminal complaint for bigamy against promulgated by trial courts are generally
Vitangcol. In his defense, Vitangcol alleges received with extensive caution.
that he already revealed to Alice that he had
a •rake marriage• with his college girlfriend Arlene's Affidavit of Desistance provides that she
Gina and that there is a Certification from the filed the Complaint due to a misunderstanding,
Office of the Civil Registrar that there is no which both she and Prudencio had agreed to
record of the marriage license issued to reconcile. This Affidavit of Desistance cannot
Vitangcol and his first wife Gina which makes prove the nonexistence of all the elements of
his first marriage as void. Is Vitangcol liable bigamy. The trial court was able to show that the
of the crime of bigamy? four elements were present being: (1) the
marriage between the appellant and the private
A: YES, Vitangcol is liable of the crime of bigamy. complainant is still existing; (2) the same has not
Bigamy consists of the following elements: (1) been legally declared to be dissolved; (3)

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appellant contracted a subsequent marriage PERFORMANCE OF ILLEGAL


with a certain Jean Basan while his first MARRIAGE CEREMONY
marriage with the private complainant is still ART. 352, RPC
subsisting; and (4) the second marriage has all
the essential requisits for its validity. An Pecsons liable
admission of misunderstanding and subsequent
reconciliation does not prove the nonexistence Art. 352 punishes priests or ministers of any
of any of the elements provided. Thus, Prudencio religious denomination or sect, or civil
should still be held guilty of bigamy. (De Guzman authorities who shall perform or authorize any
v. People, G.R. No. 224742, August 7, 2018, as illegal marriage ceremony.
penned by]. Leanen)
NOTE: Art 352 presupposes that the priest or
MARRIAGE CONTRACTED AGAINST minister or civil authority is authorized to
PROVISIONS OF LAWS solemnize marriages. If the priest or ministers
ART. 350, RPC are not authorized to solemnize marriage under
the law, and shall perform the marriage
ElementsCJ993 2004 RABl ceremony, they may be prosecuted for
Usurpation of Authority or Official Funttions
1. Offender contracted marriage; under Art. 177 and not under this article.

2. He knew at the time that the:


a. Requirements of the law were not
complied with; or
b. Marriage was in disregard of a legal
impediment.

3. The act of the offender does not constitute


bigamy.

Illustration: Where the parties secured a


falsified marriage contract complete with the
supposed signature of a mayor and which they
presented to the priest who solemnized the
marriage, they committed Illegal Marriage.

OuaHficatinn ofrbis crime


If either of the contracting parties obtains the
consent of the other by means of violence,
intimidation.or fraud.

Conviction of a violation of Article 350 of the


RPC involves moral turpitude. The respondent is
disqualified from being admitted to the bar.
(Vil/asanta v. Peralta, 101Phil. 313)

PREMATURE MARRIAGES
ART. 351, RPC

R.A. 10655 decriminalized the act of


ocemature marriaee
Without prejudice to the provosoons of the
Family Code on paternity and filiation, Article
351 of RPC, punishing the crime of premature
marriage committed by a woman is hereby
repealed. (Sec. 1, R.A. 106S5)

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CRIMES AGAINST HONOR It is enough if by intrinsic reference the allusion


is apparent or if the publication contains matters
LIBEL of description or reference to facts and
ART. 353, RPC circumstances from which others reading the
article may know the person alluded to, or if the
Lilw. latter is pointed out by extraneous
circumstances so that those knowing such
A public and malicious imputation of a crime, or person could and did that he was the person
of a vice or defect. real or imaginary. or any ac.t, referred to. (Diaz v.People, G.R.No. 159787, May
omission, condition, status, or circumstance 25, 2007)
tending to cause the dishonor. discredit, or
contempt of a natural or juridical person, or to Test to determine whether a sratement is
blacken the memory of one who is dead. decamamcx
Commission oflihel To determine "whether a statement is
defamatory, the words used are to be construed
Libel is a defamation committed by means of in their entirety and should be taken in their
writing, printing. lithography, engraving. radio, plain, natural, and ordinary meaning as they
phonograph, painting or theatrical or would naturally be understood by persons
cinematographic exhibition, or any similar reading them, unless it appears that they were
means. used and understood in another
sense." Moreover, charge is sufficient if the
Persons liable for libel words are calculated to induce the hearers to
suppose and understand that the person or
1. Any person who shall publish, exhibit or persons against whom they were uttered were
cause the publication or exhibition of any guilty of certain offenses or are sufficient to
defamation in writing or by similar means; impeach the honesty, virtue, or reputation, or to
or hold the person or persons up to public ridicule.
2. The author or editor of a book or pamphlet, (Lopez v. People and Escalante, G.R. No. 172203,
or the editor or business manager of a daily February 14, 2011)
newspaper, magazine or serial publication,
for defamation contained therein to the NOTE: The intention or meaning of the writer is
same extent as if he were the author thereof. immaterial. It is the meaning that the words in
fact conveyed on the minds of persons of
Elements [D-1-D-P-M) {2005. 2010 BAR) reasonable understanding, discretion, and
candor which should be considered.
1. There must be an .imputation of a crime, or
of a vice or defect, real or imaginary, or any Q: Rima and Alegre exposed various alleged
ac.t, omission, condition, status or complaints from students, teachers and
circumstance; parents against Ago Medical and Educational
2. Imputation must be made 11.ublicly; (2003 Center-Bicol Christian College of Medidne
BAR) and its administrators. IUma and Allegre
3. It must be malicious; remarked that "AMEC is a dumping ground,
4. It must be J!irected at a natural or juridical garbage of moral and physical misfits"; and
person, or one who is dead; (2002 BAR) AMEC students who graduate •will be
and liabilities rather than assets• of the society.
5. It must tend to cause the .11.ishonor, discredit Claiming that the broadcasts were
or contempt of the person defamed. defamatory, AMEC filed a complaint for
damages against FBNI, Rima and Alegre. Are
No neressirvin namioe the necsoo accused the aforementioned remarks or broadcasts
libelous?
In order to maintain a libel suit. it is essential
that the victim be identifiable although it is not A: YES. There is no question that the broadcasts
necessary that he be named. It must be shown were made public and imputed to AMEC defects
that at least a third person could identify him as or circumstances tending to cause it dishonor,
the object of the libelous publication. (Borja/ v. discredit and contempt Rima and Alegre's
CA, G.R. No.126466,January 14, 1999) remarks are libelous per se. Taken as a whole,
the broadcasts suggest that AMEC is a money·

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making institution where physically and morally A: To be liable for libel under Art. 353 of the
unfit teachers abound. Every defamatory RPC, the following elements must be shown to
imputation is presumed malicious. Rima and exist:
Alegre failed to show adequately their good
intention and justifiable motive in airing the 1. The allegation of a discreditable act or
supposed gripes of the students. As hosts of a condition concerning another;
documentary or public affairs program, Rima 2. Publication of the charge;
and Alegre should have presented the public 3. Identity of the person defamed; and
issues free from inaccurate and misleading 4. Existence of malice.
information. (Filipinos Broadcasting Network,
Inc. v. Ago Medical and educational Center-Bica/ The element of publication is satisfied when,
Christian College of Medicine, G.R. No. 14199, after writing the defamatory matter, the same is
January 17, 2005) made known to someone other than the person
to whom it is being pertained to. If the statement
REQUIREMENT FOR PUBLICITY is sent straight to a person for whom it is written
ART. 354, RPC there is no publication of it. It could not be said,
however, that there was no publication with
Publication of the Hhelons actirJe is not respect to Fe. While the letter in question was
necessary addressed to "Mr. Cerelito & Fe Alejandro," the
invectives contained therein were directed
It is not necessary that the libelous article must against Cerelito only. Writing u, a person other
be published; communication of the defamatory than the person defamed is sufficient to constitute
matter to some third persons is sufficient. It is publication for the person to whom the letter is
not required that the person defamed has read addressed is a thlrd person in relation to its
or heard about the libelous remark. What is writer and the person defamed therein. (Magno
material is that a third person has read or heard v. People, G.R. No. 133B96,January 27, 2006)
the libelous statement· for a man's reputation is
the estimate in which others hold him, not the !:la.liJ:c.
good opinion which he has of himself.
A term used to indicate the fact that the offender
Illustration: The delivery of the libelous article is prompted by personal ill-will or spite and
to the typesetter is sufficient publication. (U.S. v. speaks not in response to duty but merely to
Crame, G.R. No. 4328, February 13, 1908) injure the reputation of the person defamed.

The the sending of a letter to wife which maligns NOTE: Malice is presumed and the test is the
the husband was considered sufficient charatter of the words used. The meaning of the
publication, for the spouse is a third person to writer or author is immaterial.
the victim defamed. (U.S. v. Urbinana, G.R. No.
927, November 8, 1902) Kinds of malice

Q: Dolores Magno was charged and convicted 1. Malice in fact may be shown by proof of ill·
of libel for the writings on the wall and for will, hatred, or purpose to injure.
the unsigned letter addressed to the
Alejandro spouses, containing invectives 2. Malice in Jaw is presumed from a
directed against Cerelito Alejandro. Dolores defamatory imputation. However,
contends that the prosecution failed to presumption is rebutted if it is shown by the
establish the presence of the elements of accused that:
authorship and publication of the malidous
writings on the wall, as well as the unsigned a. Defamatory imputation is true, in case
letter addressed to the Alejandro spouses. the law allows proof of the truth of the
She argues that since the letter was imputation;
addressed to the spouses, Fe (Cerelito's wife) b. It is published with good intention; and
was, insofar as Cerelito is concerned, not a c. There is justifiable motive for making it.
third person for purposes of publication. Is
she liable? Insrances when ma Hee is NOT ncesumed

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1. Private communication made by any published and circulated. (Sazon v. CA, C.R. No.
person to another in the performance of 120715,March29, 1996)
any legal, moral, or social duty.
lnvocarion of freedom of sneecb
Requisites:
a. Person who made the Although a wide latitude is given to critical
communication had a legal moral or utterances made against public officials in the
social duty to make the performance of their official duties, or against
communication or at least, he had public figures on matters of public interest. such
an interest to be upheld; criticism does not automatically fall within the
b. Communication is addressed to an ambit of constitutionally protected speech.
officer. or a board, or superior,
having some interest or duty in the If the utterances are false, malicious, or
matter; and unrelated to a public officer's performance of his
c. Statements in the communication duties or irrelevant to matters of public interest
are made in good faith without involving public figures, the same may give rise
malice (in fact). to criminal and civil liability. (Fermin v. People,
C.R. No. 157643, March 28, 2008)
2. Fair and true report made in good faith,
without any comments or remarks, of any Doctrine of Fair Comment
judicial, legislative, or other official
proceedings which are not of confidential While in general every discreditable imputation
nature, or of any statement. report, or publicly made is deemed false, because every
speech delivered in the exercise of their man is presumed innocent until his guilt is
functions. judicially proved, and every false imputation is
deemed malicious, nevertheless, when the
Requisites: discreditable imputation is directed against a
a. That it is a fair and true report of a public person in his public capacity, it is not
judicial, legislative or other official necessarily actionable. In order that such
proceedings which are not of discreditable imputation to a public official may
confidential nature, or of any be actionable, it must either be a false allegation
statement. report or speech of fact or a comment based on a false
delivered in said proceedings, or of supposition. If the comment is an expression of
any other act performed by public opinion, based on established facts, then it is
officers in the exerc-Jse of their immaterial that the opinion happens to be
functions; mistaken, as long as it might reasonably be
b. That it is made in good faith; and inferred from the fatts. (Barjal v. CA, C.R. No.
c. That it is without any comments 126466/anuary 14, 1999)
or remarks.
Privileeed rnmmuniration
NOTE: The instances when malice is not
presumed are examples of malice in fact. It is a communication made bona fide upon any
subject matter in which the party
Q: Do the defamatory remarks and comments communicating has an interest, or in reference
on the conduct or acts of public officers to which he has a duty and the person to whom
which are related to the discharge of their the communication is given has a corresponding
official duties constitute libel? interest.

A: NO. It will not constitute libel if the accused Criricism


proves the truth of the imputation. But any
attack upon the private charatter of the public It deals only with such things as shall invite
officers on matters which are not related to the public attention or call for public comment. It
discharge of their official funttions may does not follow a public man into his private life
constitute libel. nor pry into his domestic concerns.

A written letter containing libelous matter Common defense in libel


cannot be classified as privileged when publicly
That it is covered by privileged communication.

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1. Absolute - not at1:ionable even if the author belated annex to the affidavit- It was
has acted in bad faith: prefaced with !be quotation "For every
extraordinary fortune there is a great crime•
a. Statements made by members of and the text: An example is Marcos. We need
Congress in the discharge of their official not discuss this. Second example is the
functions; Alcantaras. The newsletter then went on to
b. Allegations or statements made by the discuss SEC Case No. 2507 in which Ponce
parties or their counsel in their pleadings accused the Alcantaras of defrauding him of
or motions or during the hearing of his shares in lligan Cement Corporation.
judicial proceedings; Claiming !bat the statements in the
c. Answers given by witnesses in reply to newsletter were defamatory, Alcantara filed
questions propounded to them, in the a complaint for libel. Ponce, on !be other
course of said proceedings, provided that hand, raised privileged communication as a
said allegations or statements are defense. Is the defense tenable?
relevant to the issues, and the answers
are responsive or pertinent to the A: YES. It is a settled principle in this jurisdiction
questions propounded to said witnesses. that statements made in the course of judicial
(Alcantaro v. Ponce, C.R. Na. 156183, proceedings are absolutely privileged. This
February 28, 2007) absolute privilege remains regardless of the
defamatory tenor and the presence of malice if
2. Conditionol or qualified - like a private the same are relevant, pertlnent, or material to
communication made by any person to the cause in hand or subject of the inquiry.
another in the performance of any legal, Furthermore, the newsletter qualified as a
moral, or social duty, and a fair and true communication made bona fide upon any
report, made in good faith, without any subject-matter in which the party
comments or remarks, of any judicial, communicating has an interest. The
legislative or other official proceedings controversial statements were made in the
which are not of confidential nature. Here, context of a criminal complaint against
even if the statements are defamatory, there Alcantara, albeit for other, separate acts
is no presumption of malice. The involving greed and deceit, and were disclosed
prosecution must prove malice in fact to only to the official investigating the complaint.
convict the accused. Liberally applying the privileged communication
doctrine, these statements were still relevant to
Q: In a judicial proceeding, when can a the complaint under investigation because, like
defamatory imputation be said to be a the averments therein, they also involved
privileged communication? Alcantara's alleged deceitfulness. (Alcantara v.
Ponce, C.R. No. 156183, February 28, 2007)
A: The one obstacle that those pleading the
defense of privileged communication must Multi ale Pnhlirarinn Buie in Uhel
hurdle is the test of relevancy. Under this test, a
matter alleged in the course of the proceedings A single defamatory statement, if published
need not be in every case material to the issues several times, gives rise to as many offenses as
presented but should be legitimately related to there are publications. For purposes of Art. 360
the issues or be so pertinent to the controversy of RPC, as amended, every time the same written
that it may become the subject of inquiry in the matter is communicated such communication is
course of trial. (Alcantara v. Ponce, C.R. Na. considered a distinct and separate publication of
156183, February 28, 2007) libel. (Soriano v. /AC, 167 5CRA 222)

Q: Ponce filed a string of criminal complaints LIBEL BY MEANS OF WRITING OR


against Alcantara and his family, including SIMILAR MEANS
one for estafo. In essence, Ponce alleged that ART. 355, RPC
Alcantara had swindled him out of 3,000,000
shares of Floro Cement Corporation. It was in Commissionof libel
!be course of the preliminary investigation of
!be complaint for estofa !bat Ponce, shortly Libel may be committed by:
after giving his Sur-rejoinder
affidavit, submitted to !be investigating 1. Writing;
prosecutor a newsletter purporting to be a 2. Printing;

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3. Lithography; PROHIBITED PUBLICATION OF ACTS


4. Engraving; REFERRED TO IN THE COURSE
5. Radio; (2002 BAR) OF OFFICIAL PROCEEDINGS
6. Phonograph; ART. 357, RPC
7. Painting;
8. Theatrical exhibition; Elements CBem-P-01
9. Cinematographic exhibition; or
10. Any similar means, (2005 BAR) 1. That the offender is a t:.eporter, !_ditor, or
manager of a newspaper daily or magazine;
Defamation through amplifiers is not libel, but 2.That he publishes facts connected with the
oral defamation. (People v. Santiago, G.R. No. L- e,rivate life of another; and
17663, May 30, 1962) 3. That such facts are Qjfensive to the honor,
virtue and reputation of said person.
"In addition to the civil action whjch may be
hrnnehthvthe offended oarCY" The prohibition applies, even though said
publication be made in connection with or under
Notwithstanding this clause in Article 355, civil the pretext that it is necessary in the narration of
action for damages may be filed simultaneously any judicial or administrative proceedings
or separately with the criminal at1:ion. (Reyes, wherein such facts have been mentioned.
2017)
Gaelaw
THREATENING TO PUBLISH AND OFFER TO
PREVENT SUCH PUBLICATION FOR A Newspaper reports on cases pertaining to
COMPENSATION adultery, divorce, issues about the legitimacy of
ART. 356, RPC children, etc., will necessarily be barred from
publication. (Reyes, 2012)
Punishable acrs
Under R.A 1477, a newspaper reporter cannot
1. Threatening another to publish a libel be compelled to reveal the source of the news
concerning him, or his parents, spouse, report he made, unless the court or a House or
child, or other members of his family; and committee of Congress finds that such revelation
2. Offering to prevent the publication of such is demanded by the security of the state. (Reyes,
libel for compensation, or money 2012)
consideration.
SLANDER
Illustration: The accused threatened to publish ART. 358, RPC
in a weekly periodical, certain letters, amorous
in nature, written by a married woman and Kinds of oral defamation
addressed by her to a man, not her husband,
unless paid P4,000 to them. (U.S. v. Eguia, et of., 1. Simple slander; and
38 Phil. 857) 2. Grave slander, when it is of a serious and
insulting nature.
Blackmail
Elements of oral defamation
Any unlawful extortion of money by an appeal to
the fears of the victim, especially extortion of 1. There must be an imputation of a crime, or a
money by threats of accusation or exposure. vice or defect. real or imaginary, or any ac.t,
(U.S. v. Eguia, 38 Phil. 857) omission, condition, status, or
circumstances;
Felonies where blackmail is committed 2. Imputation must be made publicly;
3. The imputation must be malicious;
1. Light threats (Art. 283); and 4. The imputation must be directed at a
2. Threatening to publish, or offering to naturaJ or juridical person, or one who is
prevent the publication of, a libel for dead; and
compensation. (Art. 356) 5. The imputation must tend to cause
dishonor, discredit, or contempt of the
person defamed. (People v. Moroto.s, April 11,
1980)

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NOTE: The imputation must be verbally made or 1. Simple slander by deed - performance of an
uttered. The slanderous remarks need not to be act, not use ofwords.
heard by the offended party as long as they are 2. Grave slander by deed - that is which is of a
uttered in the presence ofa third person. serious crime.

Slander How to derecmine whether an acr is dander


by deed or not
It is a libel committed by oral (spoken) means,
instead of in writing. It is also defined as the Whether a certain slanderous ac.t constitutes
speaking base and defamatory words which tend slander by deed of a serious nature or not,
to prejudice another in his reputation. depends on the social standing of the offended
party, the circumstances under which the act
Eaaors that determine the ecavitx of anti was committed, the occasion, etc.
defumation
Illustration: Thus, slapping a lady in a dance not
1. Expressions used; for the purpose of hurting her but to cause her
2. Personal relations of the accused and the shame and humiliation for refusing to dance
offended party; and with the accused is slander by deed.
3. Circumstances surrounding the case.
This crime involves an act, while libel or slander
NOTE: Social standing and the position of the involves words written or uttered.
offended party are also taken into account.
Slander by deed vis-�-vis ActS of
Q: Lando and Marco are candidates in the tasfivio,,sness
local elect ions, In bis speeches Lando
attacked bis opponent Marco alleging that be Kissing a girl in public and touching her breast
is the son of Nanding, a robber and a thief, without lewd designs, committed by a reject
who amassed bis wealth through shady suitor to cast dishonor on the girl was held to be
deals. May Marco file a case against Lando for slander by deed and not acts of lasciviousness.
grave oral defamation? (1990 BAR) (People v. Valencia, G.R. No. 4136-R, May 29,
1950)
A: NO. Marco cannot file a case for grave oral
defamation. If at all, he may file a case for light PERSONS RESPONSIBLE
slander. In the case of People v. larogo (40 O.G. ART. 360, RPC
123), it was held that defamation in political
meeting, when feelings are running high and Persons liable for libel
people could not think clearly, shall only amount
to light slander. 1. Person who publishes, exhibits, or causes
the publication or exhibition of any
SLANDER BY DEED defamation in writing or similar means;
ART. 359, RPC 2. Author or editor of a book or pamphlet;
3. Editor or business manager of a daily
Siaoder by deedCJ994RAB) newspaper magazine or serial publication;
or
A crime against honor which is committed by 4. Owner of the printing plant which publishes
performing any att which casts dishonor, a libelous article with his consent and all
discredit, or contempt upon another person. other persons who in any way participate in
or have connection with its publication.
Elements
Where to meacomolaint fnr libel
1. Offender performs any act not included in
any other crime against honor; Criminal and civil actions for damages in case of
2. Such act is performed in the presence of written defamations shall be filed
other person or persons; and simultaneously or separately with the court of
3. Such act casts dishonor, discredit, or first instance ofthe province or city:
contempt upon the offended party.
1. Where the libelous article is printed and
Kinds of slanderhx deed first published; or

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2. Where any of the offended parties actually (People v. Benipoyo, G.R. No. 154473, April 24,
resides at the time of the commission of the 2009)
offense.
Q: A large group of disgruntled plan holders
NOTE: The court where the criminal action or of Pacific Plans, Inc. was sued for libel for
civil action for damages is first filed shall acquire publishing in a website defamatory
jurisdiction to the exclusion of other courts. statements against the owners of Pacific
Plans, Inc. The libel suit was filed before the
Q: Is the author of a libelous article the only Regional Trial Court of Maka ti alleging that it
one liable for libel? is in Makati where the website was first
accessed; hence, it is in Makati where it was
A: NO. Article 360 indudes not only the author first published. Does the RTC Makati has
or the person who causes the libelous matter to jurisdiction over the libel case?
be published, but also the person who prints or
publishes it. Proof of knowledge of and A: NO. The venue of libel cases where the
participation in the publication of the offending complainant is a private individual is limited to
article is not required, if the accused has been only either of two places, namely: 1) where the
specifically identified as "author, editor, or complainant actually resides at the time of the
proprietor· or ·printer/publisher'' of the commission of the offense; or 2) where the
publication. (Fermin v. People, C.R. No. 157643, alleged defamatory article was printed and first
March 28, 2008) published. If the circumstances as to where the
libel was printed and first published are used by
Rationale for the criminal liability of persons the offended party as basis for the venue in the
em,menned in Art 360 of the BPC '2013 criminal ac.tion, the Information must allege with
!WU particularity where the defamatory article was
printed and first published, as evidenced or
It was enunciated in U.S. v. Ocampo, that supported by, for instance, the address of their
according to the legal dot1:rines and editorial or business offices in the case of
jurisprudence of the United States, the printer of newspapers, magazines, or serial publications.
a publication containing libelous matter is liable This pre�condition becomes necessary in order
for the same by reason of his direct connection to forestall any inclination to harass. The same
therewith and his cognizance of the contents measure cannot be reasonably expected when it
thereof. With regard to a publication in which a pertains to defamatory material appearing on a
libel is printed, not only is the publisher but also website on the internet as there would be no
all other persons who in any way participate in way of determining the sltus of its printing and
or have any connection with its publication are first publication. To credit the premise of
liable as publishers. (Fermin v. People, ibid.) equating his first access to the defamatory article
on the website in Makati with "printing and first
Q: The COMELEC Chairman was sued for libel publication• would spawn the very ills that the
due to his defamatory statements against amendment to Article 360 of the RPC sought to
Photokina Marketing Corporation. The discourage and prevent. (Bonifacio et of v. RTC
Chairman raised as a defense the lack of Makoti, C.R. No.184800, Moy 5, 2010)
jurisdiction of the RTC since he delivered the
speech in his official capacity as COMELEC PROOF OF TRUTH
Chair. The RTC ruled that it was ART. 361, RPC
Sandiganbayan and not RTC wbicb has
jurisdiction over the case. ls the RTC correct? Admissibility ofQCOQf Qf tnnh
A: NO. Article 360 of the RPC, as amended by Proof of truth is admissible in any of the
Republic Act No. 4363, is explicit on which court following:
has jurisdiction to try cases of written
defamations: The grant to the Sandiganbayan of 1. When the act or om1ss10n imputed
jurisdiction over offenses committed in relation constitutes a crime regardless of whether
to public office, similar to the expansion of the the offended party is a private individual or
jurisdiction of the MTCs, did not divest the RTC a public officer.
of its exclusive and original jurisdiction to try 2. When the offended party is a government
written defamation cases regardless of whether employee, even if the act or om1ss1on
the offense is committed in relation to office. imputed does not constitute a crime,

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FACULTY OF CIVIL LAW
CRIMINAL LAW

provided, it is related to the discharge of his 1. This Administrative Circular does not
official duties. remove imprisonment as an alternative
penalty for the crime of libel under Art. 355
NOTE: Proof of truth must rest upon positive, of the RPC.
direct evidence upon which a definite finding
may be made by the court, but probable cause 2. The Judges concerned may, in the exercise of
for belief in the truth of the statement is sound discretion, and taking into
sufficient. (2009 BAR) consideration the peculiar circumstances of
each case, determine whether the
Proof of truth is NOT suffifieot imposition of a fine alone would best serve
the interests of justice or whether
Proof of truth is not enough since it is also forbearing to impose imprisonment would
required that the matter charged as libelous was depreciate the seriousness of the offense.
published with good motives and for justifiable work violence on the social order, or
ends. otherwise be contrary to the imperative of
justice.
Possible defenses in rhe crime of libel
3. Should only a fine be imposed and the
1. It appears that the matters charged as accused be unable to pay the fine, there is no
libelous is true; legal obstacle to the application of
2. It was published with good motives; and the RPC provision on subsidiary
3. For a justifiable end. imprisonment.

LIBELOUS REMARKS Prescriotive oeriods


ART. 362, RPC
In relation to Art. 90 of the RPC, the prescriptive
Libelous remarks or comments connected with periods for the filing of the complaint for the
the matter privileged under the provisions of offenses enumerated under Crimes against
Article 354, if made with malice, shall not Honor are:
exempt the author thereof nor the editor or
managing editor of a newspaper from criminaJ 1. Libel and similar offenses - one year;
liability. 2. Oral defamation and slander by deed -
six months.
Q: What is the liability of newspaper reporter
for distorting facts connected with official ADMINISTRATIVE CIRCULAR 08-2008
proceedings? RE: GUIDELINES IN THE OBSERVANCE OF A
RULE OF PREFERENCE IN THE IMPOSITION
A: The author or the editor of a publication who OF PENALTIES IN LIBEL CASES
distorts, mutilates, or discolors the official
proceedings reported by him, add comments PREFERENCE OF IMPOSITION OF FINE
thereon to cast aspersion on the charac.ter of the
parties concerned, is guilty of libel, NOTE: Art. 355 of the RPC penalizes libel
notwithstanding the fatt that the defamatory with prlsion correctlonal in its minimum and
matter is published in connection with a medium periods or fine ranging from 200 to
privileged matter. (U.S. v. Dorr, G.R. No. 1049, 6,000 pesos, or both, in addition to the civil
May 16, 1903; Reyes, 2008) action which may be brought by the offended
party. In the following cases, the Court opted to
Guidelines in the ohservace of a rule of impose only a fine on the person convitted of
ocefecence in the imaosition of oeoaltjes in the crime of libel:
libel cases
In Sozon v. CA (G.R No. 120715, Morch 29,
All courts and judges concerned should 1996), the Court modified the penalty imposed
henceforth take note of the foregoing rule of upon petitioner. an officer of a homeowners'
preference set by the Supreme Court on the association, for the crime of libel from
matter of the imposition of penalties for the imprisonment and fine in the amount of
crime of libel bearing in mind the following PZ00.00, to fine only of P3,000.00, with
principles: subsidiary imprisonment in case of insolvency,
for the reason that he wrote the libelous article

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BOOK II - CRIMES AGAINST HONOR

merely to defend his honor against the malicious tncrimimnine an innocent oecson vis-A-vis
messages that earlier circulated around the Perincx hv makine raise accnsatlon
subdivision, which he thought was the
handiwork of the private complainant.
INCRIMINATING AN PERJURY BY MAKING
In Mari v. CA (G.R No. 127694, May 31, INNOCENT PERSON FALSE ACCUSATION
2000), where the crime involved is slander by Committed by The gravamen of the
deed, the Court modified the penalty imposed on performing an act by offense is the
the petitioner, an ordinary government which the offender imputation itself,
employee, from imprisonment to fine of directly incriminates falsely made, before
Pl,000.00, with subsidiary imprisonment in case or imputes to an an officer qualified to
of insolvency, on the ground that the latter innocent person the take an oath
committed the offense in the heat of anger and commission of a crime
in reaction to a perceived provocation.

In Brillante v. CA (G.R. Nos. 118757 & 12157, Limited to the act of Giving of false
November 11, 2005), the Court deleted the planting evidence and statement under oath
penalty of imprisonment imposed upon the like in order to or the making of a
petitioner, a local politician, but maintained the incriminate an false affidavit
penalty of fine of P4,0000.00, with subsidiary innocent person imputing to a person
imprisonment in case of insolvency, in each of the commission of a
the (5) cases of libel, on the ground that the crime
intensely feverish passions evoked during the
election period in 1988 must have agitated
petitioner into writing his open letter; and that tocrimi oatorv machination vis-A-vis
incomplete privileged communication should be Petamatlon
appreciated in favor of petitioner, especially
considering the wide latitude traditionally given INCRIMINATORY
to defamatory utterances against public officials DEFAMATION
MACHINATION
in connection with or relevant to their Offender avails himself
performance of official duties or against public Offender performs
acts to directly impute of written or spoken
figures in relation to matters of public interest
words in besmirching
involving them. to an innocent person
the victim's
the commission of the
reputation.
In Buatis,Jr. v. People (G.R No. 142509, March 24, crime.
2006),the Court opted to impose upon
petitioner, a lawyer, the penalty of fine only for
INTRIGUING AGAINST HONOR
the crime of libel considering that it was his first
ART. 364, RPC
offense and he was motivated purely by his
belief that he was merely exercising a civic or
Intriguing against honor
moral duty to his client when he wrote the
defamatory Jetter to private complainant
Any scheme or plot which may consists of some
trickery.
INCRIMINATING INNOCENT PERSON
ART. 363, RPC
Persons Ha hie
Elements CNot P-1-Al Any person who shall make any intrigue which
has, for its principal purpose, to blemish the
1. Offender performs an a,ct;
honor or reputation of another person.
2. By such act he directly incriminates or
imputes to an innocent person the
commission of a crime; and tntrieuine aeainst honor vis-a-vis Slander
3. Such act does Wl1 constitute jlerjury.
INTRIGUING
SLANDER
NOTE: The crime of incriminatory machinations AGAINST HONOR
is limited to planting evidence and the like, The source of the Offender made the
which tend directly to cause false prosecution. defamatory utterance, where the
utterance is source of the

UNIVERSITY OF SANTO TOMAS


307 �
FACULTY OF CIVIL LAW
CRIMINAL LAW

unknown and the defamatory nature of


offender simply the utterance is known,
repeats or passes and offender makes a
the same, without republication thereof,
subscribing to the even though he repeats
truth thereof. the libelous statement
as coming from
another, as long as the
source is identified.

lnrrieuine aeainst honor xis-ta-vis


Incriminating an innocent person

INTRIGUING INCRIMINATING AN
AGAINST HONOR INNOCENT PERSON
The offender resorts The offender performs
or gossips for the an att that would
purpose of incriminate or impute
disparaging the to an innocent person
honor or reputation the commission of a
of another. crime.

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QUASI-OFFENSES

CRIMINAL NEGLIGENCE
Failure in precaution
IMPRUDENCE AND NEGLIGENCE
ART. 365, RPC To avoid wrongful To avoid wrongful
at"tS, one must take the acts, paying proper
necessary precaution attention and using
Punishable aas Cl993 2001 2006 2009 once they are foreseen due diligence in
!WU foreseein them
I. Committing through reckless imprudence
any act which, had it been intentional, would NOTE: The RPC does not draw a well-defined
constitute a grave or less grave felony or demarcation line between negligent acts that are
light felony; delictual and those which are quasi-delittual. It
2. Committing through simple imprudence or is possible that a negligent act may be delictual
negligence an act which would otherwise and quasi-delictual at the same time.
constitute a grave or a less serious felony;
3. Causing damage to the property of another Effect of accident in failuretnbelo or render
through reckless imprudence or simple assistance to annrher whom be bas
imprudence or negligence; and accidentally wounded or injured vis-A-vis
4. Causing through simple imprudence or Effect of accident in imorndence and
negligence some \YT0ng which, if done neeueence
maliciously, would have constituted a light
felony. EFFECT OF EFFECT OF
ACCIDENT IN ACCIDENT IN
Elements of reckless imnn,deoce CM-A-P-V­ FAILURE TO HELP IMPRUDENCE AND
OR RENDER NEGLIGENCE
£1
ASSISTANCE TO Art. 365
I. Offender does or fails to do an a.ct; ANOTHER WHOM
2. The doing of or the failure to do that act is HE HAS
Jl:Oluntary; ACCIDENTALLY
3. It be without malice; INJURED
4. Material .llamage results;and Art. 275, par. 2
5. There is an inexcusable lack of w-ecaution Falls under Crimes Falls under Criminal
on the part of the person performing or A ainst Securi N Ii ence
failing to perform such act taken into Committed by means Committed by means
consideration: (2007 BAR) of do/o of cul a
Failure to help or Failure to lend help to
a. Employment or occupation render assistance to one's victim is neither
b. Degree of intelligence another whom one has an offense by itself nor
c. Physical condition accidentally wounded an element of the
d. Other circumstances regarding persons, or injured is an offense therein
time and place offense penalized. Its presence
merely increases the
Elements nfsimale imorndence CD-Pl penalty by one degree.
It must be specifically
I. There is lack of J?recaution on the part of the alleged in the
offender; (BAR 2008) and information
2. .D.amage impending to be caused is not
immediate nor the danger clearly GR: Failing to lend help is a qualifying
manifested. circumstance; it raises the penalty one degree
higher.
NOTE: Art 64, relative to mitigating and
aggravating circumstances, is not applicable in XPN: The driver can leave his vehicle without
quasi-offenses. aiding the victims if he:

Imon,deoce xis-A-vis Neelieence a. Is in imminent danger of being harmed


b. Wants to report to the nearest officer of
the law;or

UNIVERSITY OF SANTO TOMAS ..


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FACULTY OF CIVIL LAW
CRIMINAL LAW

c. Desires to summon a physician or a nurse 3. The injury suffered must not have been due
for medical assistance to the injured (Sec. to any voluntary action or contribution of
SS, RA 4136). the person injured.

Doctrine of last clear chance NOTE: Under the res ipsa /oquitur rule in its
broad sense_. the fact of the occurrence of an
This states that the contributory negligence of injury, taken with the surrounding
the party injured will not defeat the action if it circumstances, may permit an inference or raise
be shown that the accused might, by the exercise a presumption of negligence, or make out a
of reasonable care and prudence, have avoided plaintiffs prima facie case, and present a
the consequences of the negligence of the question of fact for defendant to meet with an
injured party. explanation. It is not a rule of substantive law
but more a procedural rule. Its mere invocation
Emereencv n,le does not exempt the plaintiff with the
requirement of proof to prove negligence. It
This provides that a person confronted with merely allows the plaintiff to present, along with
emergency may be left with no time for thought, the proof of the accident, enough of the
must make speedy decision based on impulse or attending circumstances to invoke the doctrine
instinct. and cannot be held liable for the same creating an inference or presumption of
conduct as one who had the opportunity to negligence and to thereby place on the
reflect. defendant the burden of going forward with the
proof. (Estrada v. Desierto, G.R. Nos. 146710·15,
The emergency rule is applicable only when the April 3, 2001)
situation that arises is sudden and unexpected,
and is such to deprive him of all opportunity for Effecr of contributory neeHeence on the nart
deliberation. of the victim

Illustration: An automobile driver who, by the Contributory negligence on the part of the victim
negligence of another and not by his own is not a valid defense to exculpate one from
negligence, is suddenly placed in an emergency criminal liability although it could be mitigated.
and compelled to act instantly to avoid a (Addenbraak v. People, L-22995,June 29, 1967)
collision or injury is not guilty of negligence if he
makes such a choice which a person of ordinary NOTE: Reckless imprudence is not only a mode
prudence placed in such a position might make or means of committing a crime. It is a crime by
even though he did not make the wisest choice itself.

Doctrine nfces iosa Wauit.ur Thus, when a person drove his car recklessly
hitting a pedestrian who was killed, the crime is
"The thing speaks far itself.' Where the thing reckless imprudence resulting in homicide NOT
which causes injury is shown to be under the homicide through reckless imprudence.
management of the defendant, and the accident
is such as in the ordinary course of things does The essence of the quasi offense of criminal
not happen if those who have the management negligence under Article 365 of the Revised
use proper care, it affords reasonable evidence, Penal Code lies in the execution of an imprudent
in the absence of an explanation by the or negligent att that. if intentionally done, would
defendant, that the accident arose from want of be punishable as a felony. The law penalizes the
care. ljarcia v. Peap/e, G.R. No. 187926, February negligent or careless att, not the result thereof.
15,2012) The gravity of the consequence is only taken into
account to determine the penalty, it does not
Elements qualify the substance of the offense. And, as the
careless act is single, whether the injurious
1. The accident was of a kind which does not result should affect one person or several
ordinarily occur unless someone is persons, the offense (criminal negligence)
negligent; remains one and the same, and cannot be split
2. The instrumentality or agency which caused into different crimes and prosecutions. (/vier v.
the injury was under the exclusive control of San Pedro, G.R.Na.172716,November 17, 2010)
the person in charge; and

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QUASI-OFFENSES

Q: Y while alighting from his vehicle was hit should not be appreciated. Verily. it is the
by X with his car. This caused Y to be thrown inexcusable lack of precaution or conscious
four meters away from his jeepney. X was indifference to the consequences of the conduct
charged with frustrated murder and which supplies the criminal intent in Article 365.
convicted in the RTC or frustrated homicide. The limiting element in the last paragraph or
Upon appeal in the CA, the crime was Article 365 or the RPC. which imposes the
modified to reckless imprudence resulting in penalty next higher in degree upon the offender
serious physical injuries. X contends that he who ""fails to lend on the spot to the injured
is not liable for such crime because he lacked parties such help as may be in his hands to
criminal intent; that he was not negligent in give.•. according to case law, (a) is dependent on
driving his pick-up truck; and that the CA the means in the hands or the offender, i.e., the
should have appreciated voluntary type and degree or assistance that he/she, at the
surrender as a mitigating circumstance in his time and place or the incident. is capable or
favor. ls X's contention correct? giving; and (b) requires adequate proof. X was
able to supply the help according to the extent or
A: NO. The contention or X is wrong. To capabilities. (Gonzaga v. People, C.R. No. 195671,
constitute the offense or reckless driving, the act Jonuory 21, 2015)
must be something more than a mere negligence
in the operation or the motor vehicle. The act is Q: While X was driving his car, he noticed
required to be or willful and wanton disregard or that something was wrong in the accelerator.
the consequences. The fact that Y's body was He drove his car under tha house or A which
thrown four (4) meters away from his jeep is made or light materials. Upon opening the
showed that X was driving his pick-up at a fast hood or his car, he smelled gasoline from
speed when he overtook the jeep ofY. under the car. He lighted his lighter to see
what was wrong. All or a sudden, the car was
The mitigating circumstance or voluntary set aOame. The fire spread to the house or A.
surrender cannot be appreciated in his favor. To save himself, A jumped from the window
Paragraph 5 or Article 365, RPC, expressly states and suffered serious physical injuries. B, wife
that in the imposition of the penalties, the courts or A, failed to get out or the house and was
shall exercise their sound discretion, without burnt to death. C, the son or A and B, suffered
regard to the rules prescribed in Article 64 or the slight physical injuries when he got out of the
RPC. (Mariono v. People, C.R. No. 178145, July 7, house. The motorcycle or C was destroyed.
2014) What crime did X commit?

Q: X, while descending from a curved path, A: X committed Reckless Imprudence resulting


collided with a motorcycle, killing Y, one or to Homicide (for the death or BJ, Arson (for the
its passengers, and causing serious physical burning or the house), Serious Physical Injuries
injuries to the two other victims. The body or (for the injuries sustained by A), and Damage to
Y was loaded to the vehicle or X but the property (for the destruction or motorcycle or CJ.
latter's engine would not start; thus, the body There is only one criminal information to be
was loaded in a different vehicle. The jack or filed because grave or less grave felonies
X was used to extricate the body or Y from resulted from single act or imprudence. When X
being pinned under the vehicle or X. X, in his lighted his lighter despite smelling gasoline, he
defense, claimed that it was not his fault that omitted that degree of care or caution to prevent
the tricycle swerved in his direction. X was injury or damage to another. The several crimes
charged with Reckless Imprudence Resulting must be included in one information for
to Homicide with Double Serious Physical Reckless Imprudence. However. with respect to
Injuries and Damage to Property under the slight physical injuries sustained by C,
Article 365 in relation to Article 263 or the resulting from the single att or imprudence does
RPC "with the aggravating circumstance that not constitute a complex crime. Another
accused failed to lend on the spot to the information for ReckJess Imprudence resuting in
injured party such help that was in his hands Slight Physical Injuries must be filed against X.
to give•. Should the court appreciate the (Reodico v. CA,July 1998, 292 SCRA 87)
alleged aggravating circumstance?

A: NO. The aggravating circumstance "that


accused failed to lend on the spot to the injured
party such help that was in his hands to give•

UNIVERSITY OF SANTO TOMAS


31 I �
FACULTY OF CIVIL LAW
CRIMINAL LAW

SPECIAL PENAL LAWS have been twelve (12) years and one (1) day
ofreclusion temporal.

INDETERMINATE SENTENCE LAW The defense counsel chimed in, contending


ACT 4103, AS AMENDED that application of the indeterminate
sentence Jaw should lead to the imposition of
a straight penalty of six (6) months and one
(1) day of prision correccional only. Who
APPLICATION ON THE IMPOSED SENTENCE
among the three is on the right track? (2010
BAR)
Pnconse
A: None of the contentions is correct bee.ause the
To uplift and redeem valuable human material
Indeterminate Sentence Law (Act 4103, as
and prevent unnecessary and excessiv�
amended) has not been followed.
deprivation of personal liberty and economic
usefulness. (People v. Ducosin, C.R. No. L-38332,
The imposition of penalty for the crime of
December 14, 1933)
homicide, which is penalized by imprisonment
exceeding one (1) year and is divisible, is
lmonSitinn ofmioimnm or maximnm term covered by the Indeterminate Sentence Law. The
said law requires that the sentence in this case
The term minimum refers to the duration of the
should reflect a minimum term for purposes of
sentence which the convict shaJI serve as a
parole, and a maximum term fixing the limit of
minimum to be eligible for parole. The term
the imprisonment. Imposing a straight penalty is
maximum refers to the maximum limit of the
incorrect.
duration that the convict may be held in jail. For
special laws, it is anything within the inclusive
When penalty is imposed by
range of prescribed penalty. The determination
of the minimum and maximum terms is left Soerial PenalIawCl994 RABJ
entirely to the discretion of the trial court, the
Maximum Term - must not exceed the maximum
exercise of which will not be disturbed on appeal
term fixed by said Jaw.
unless there is a clear abuse. (People v. Medroso,
C.R. No. L-37633 January 31, 1975)
Mlnimum Term - must not be less than the
minimum term prescribed by the same. (2003
�ules in imposing a penalty under the
. BAR)
mderermmate sentence law CJ999 2005
2009. 2010. 2013 BAR)
Q: Bruno was charged with homicide for
killing the 75-year old owner of his rooming
When penalty is imposed by RPC:
house. The prosecution proved that Bruno
stabbed the owner causing his death and that
1. The Maxlmum Term - is that which in view
the killing happened at 10 in the evening in
of the attending circumstances could be
the house where the victim and Bruno Jived.
properly imposed under the RPC.
2. The Minlmum Term - is within the range of
Bruno, on the other hand, successfully
the penalty next lower to that prescribed by
proved that he voluntarily surrendered to
the RPC.
the authorities; that he pleaded guilty to the
crime charged; that it was the victim who
Prescribed penalty is what the penalty is
first attacked and did so without any
without looking at the circumstances. As
provocation on his (Bruno's) part, but he
opposed to imposed penalty which takes into
prevailed because he managed to draw his
account the circumstances.
knife with which he stabbed the victim. The
penalty for homidde is reclusion temporal.
Q: An agonizing and protracted trial having
come to a close, the judge found A guilty
Assuming a judgment of conviction and after
beyond reasonable doubt of homicide and
considering the attendant circumstances,
imposed on him a straight penalty of six (6)
what penalty should the judge impose? (2013
years and one (1) day of prision mayor. The
BAR)
public prosecutor objected to the sentence
on the ground that the proper penalty should

II . 2021
UNIVERSITY OF SANTO TOMAS
GOLDEN NOTES
312
SPECIAL PENAL LAWS

A: Bruno should be sentenced to an Q: Would you consider nighttime as an


indeterminate sentence penalty of arresto aggravating circumstance?
mayor in any of its period as minimum to
prision correccional i n its medium period as A: NO. Even if the crime was committed at 10
maximum. Bruno was entitled to the privileged o'clock in the evening, it did not say whether the
mitigating circumstances of incomplete self­ house was lighted or not. There was also no
defense and the presence of at least two showing that the offender deliberately sought
ordinary mitigating circumstances (voluntary nighttime to commit the crime.
surrender and plea of guilt) without any
aggravating circumstance under Art. 69 and Q: Would you consider dwelling?
64(5) of the RPC respectively, which lowers the
prescribed penalty for homicide which is A: NO. Dwelling is not an aggravating
reclusion temporal to prisfon correccional. circumstance because both of them are living in
the same dwelling. It cannot be said that when
further Exnlanation Bruno killed the man, he disrespected the
dwelling of the said man. Therefore, we have no
In this kind of question, the Bar examiner wants aggravating clrcumstance present.
you to determine whether there was self­
defense or not. The problem provides that the Bruno was able to prove voluntary surrender,
defense was able to prove that it was the man voluntary plea of guilt, and incomplete self­
who first attacked Bruno; therefore, there was defense - a privileged mitigating circumstance.
unlawful aggression. But there was no
provocation coming from Bruno, therefore, there Applying these conclusions, there are two (2)
was a lack of sufficient provocation. Hence, two ordinary mitigating circumstances with one (1)
elements of self-defense are present. privileged mitigatlng circumstance and no
aggravating clrcumstance.
Q: How about the 3rd element of self-defense,
reasonable necessity of the means employed How to comante theoenaltv
to prevent or repel the attack, is this present?
1. Consider first the Privileged Mitigating
A: NO. The 3rd element of self-defense is absent Circumstance.
because based on the f.ltts proven by Bruno,
although it was the man who attacked Bruno Whenever there is a privileged mitigating
first, he prevailed upon the man because he circumstance present, apply it first before
made use of a knife and stabbed the man. While computing the penalty. In this example,
the man attacked Bruno by means of his fist, it is since we have incomplete self-defense, you
not reasonably necessary for Bruno to make use have to lower the penalty by one degree
of a knife in killing the man. Therefore, what because it is a privileged mitigating
transpired in the instant case is an incomplete circumstance. Thus, instead of recluslon
self-defense. temporal, it will become prlsfon mayor.

Under paragraph 1 of Article 13, in case of 2. Consider the Ordinary Mitigating


incomplete self-defense, if aside from unlawful Circumstance.
aggression, another element is present but not
all, we have a privileged mitigating So now, there are two ordinary mitigating
circumstance. Therefore, this incomplete self­ circumstances with no aggravating
defense shall be treated as a privileged mitigating circumstance. Article 64 provides that when
circumstance. there are two mitigating with no
aggravating, lower the penalty by one
Q: The prosecution was able to prove that the degree. Therefore, if you lower it by one
man is 75 years old. Would you consider the degree, it is now pr;sion correccional.
aggravating circumstance of disrespect of
age? 3. Determine the Maximum Sentence after
considering all justifying, exempting,
A: NO, Even if Bruno killed the said 75 year-old mitigating, and aggravating
man, there was no showing in the problem that circumstances, ifany.
he disrespected the age of the man.

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CRIMINAL LAW

You have already applied everything so it NOTE: Recidivists, who are not habitual
will become prision correcclonal ;n its delinquents, are entitled to the benefit of the
medium period. Indeterminate Sentence Law. (People v. Jaronil/a,
G.R. No. L·28S47, February 22, 1974)
4. Determine the minimum term of the
sentence. CONDITIONS OF PAROLE

You go one degree lower and that is arresto Prisoneroualified fnr release on oarole
mayor. Therefore, arresto mayor in its
medium period (or any period in the Prisoner is qualified for release on parole
discretion of the court) is the minimum term whenever he shall:
of the sentence.
1. Have served the minimum penalty imposed
COVERAGE upon him;
2. Appear to the board of indeterminate
Indeterminate sentence applies mandatorily to sentence, from the reports of the prisoner's
violations of both the RPC and special Jaws work and conduct, and from the study and
where imprisonment would exceed one (1) year, investigation made by the board itself that:
and where the penalty is divisible. (Sec. 1, Act
4103) a. Fitted by his training for release;
b. Reasonable probability that such
Persons disqualified from availing the prisoner will live and remain at liberty
benefits of the Indeterminate Sentence Law without violating the law;
Cl990 2005RAB) c. Release will not be incompatible with
the welfare of society. (Sec. S, Act 4103,
The Indeterminate sentence Jaw shall NOT apply as omended)
to persons:
NOTE: If a prisoner, even if he has already
1. Convicted of: served the minimum sentence but the Board
a. An offense punishable with death found out that he is not fit for release on parole,
penalty, rec/uslon perpetua, or life he shall continue to serve until the end of the
imprisonment maximum term.
b. Treason, conspiracy, or proposal to
commit treason Prisonerno oarnle is entitled to final release
c. Misprision of treason, rebellion, and discbaree
sedition, espionage
d. Piracy; If during the period of surveillance, such paroled
prisoner shall:
2. Habitual delinquents;
3. Those who shall have escaped from 1. Show himself to be a law-abiding citizen;
confinement or evaded sentence; (2007 and
BAR) 2. Not violate any law. (Section 6, Act 4103, os
4. Granted conditional pardon by the Chief amended)
Executive and shall have violated the term
(condition) thereto; (1999 BAR) NOTE: The Board may issue a final certification
5. Whose maximum term of imprisonment in his favor for his final release and
does not exceed one year; (2005 BAR) discharge. (Sec. 6)
6. Who are already serving final judgment upon
the approval of the Indeterminate Sentence Consequences when the prisoner violates
Law. (Sec. 2, Act4103) anv nftheconditions nfhis narole

NOTE: Although the penalty prescribed for the The paroled prisoner may be:
felony committed is death or reclusion perpetua,
if after considering the attendant circumstances, 1. Rearrested; and
the imposable penalty is reclusion temporal or 2. Thereafter, he shall serve the remaining
less, the Indeterminate Sentence Law applies. unexpired portion of the maximum sentence
for which he was originally committed to
prison. (Sec. 8, Act 4103, as amended)

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the defendant on probation for such period and


upon such terms and conditions as it may deem
PROBATION LAW best. No application for probation shall be
P.O. 968 AS AMENDED BY R.A. 10707 entertained or granted if the defendant has
perfected the appeal from the judgment of
conviction. (Sec. 4, P.O. 968 as amended by RA
10707)
DEFINITION OF TERMS

Probation Nnn-ocobationahle Pem11rv


When a judgment of conviction imposing a non­
A disposition under which a defendant, after
conviction and sentence, is released subject to probationable penalty is appealed or reviewed,
conditions imposed by the court and to the and such judgment is modified through the
imposition of a probationable penalty, the
supervision of a probation officer. (Sec. 3(a), P.O.
968) defendant shall be allowed to apply for
probation based on the modified decision before
such decision becomes final. The application for
NOTE: Probation only affects the criminal aspect
of the case and has no bearing on his civil probation based on the modified decision shall
be filed in the trial court where the judgment of
liability.
conviction imposing a non-probationable
penalty was rendered or in the trial court where
Prnhatlon Officer such case has since been re-raffled.
One who investigates for the court a referral for
probation or supervises a probationer or both. NOTE: The accused shall lose the benefit of
probation should he seek a review of the
(Sec. 3( c), P.O. 968)
modified decision which already imposes a
PURPOSES probationable penalty. (Sec. 4, P.O. 968 as
amended by R.A. 10707)
1. Promote the correction and rehabilitation of
an offender by providing him with Several Defendants
individualized treatment;
In a case involving several defendants where
2. Provide an opportunity for the reformation
of a penitent offender which might be less some have taken further appeal, the other
probable if he were to serve a prison defendants may apply for probation by
submitting a written application and attaching
sentence; and
3. Prevent the commission of offenses. (Sec. 2, thereto a certified true copy of the judgment of
P.O. 968) conviction. (Sec. 4, P.O. 968 as amended by RA
10707)
GRANT OF PROBATION,
MANNER ANO CONDITIONS Effect nffiline fnrannlirarinn foencnhatinn
A judgment of conviction becomes final when
Nanice ofocoharion the accused files a petition for probation.
However, the judgment is not executory until the
Probation is a mere privilege and its grant rests
petition for probation is resolved. The filing of
solely upon the discretion of the court. It is
exercised primarily for the benefit of the the petition for probation is a waiver by the
accused of his right to appeal the judgment of
organized society and only incidentally for the
conviction.
benefit of the accused. The grant of probation is
not automatic or ministerial. (Bernardo v.
NOTE: An order placing defendant on probation
Ba/ago� G.R. Na. 86561, November 10, 1992)
is not a sentence but a suspension of the
Prohationable Penalty imposition of sentence. It is not a final judgment
but an "interlocutory judgment" in the nature of
a conditional order placing the convicted
The trial court may, after it shall have convicted
and sentenced a defendant for a probationable defendant under the supervision of the court for
his reformation, to be followed by a final
penalty and upon application by said defendant
judgment of discharge, if the conditions of the
within the period for perfecting an appeal,
suspend the execution of the sentence and place probation are complied with, or by a final

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CRIMINAL LAW

judgment if the conditions are violated. (Bala v. not unduly restrictive of his liberty or
Han. Martinez, G.R. No. L-67301, January 29, incompatible with his freedom of
1990) conscience. (Sec. 10, P.D. 968)

Avamne the benefits of Probation taw if the CRITERIA OF PLACING AN


sentence imonsed isamerefine OFFENDER ON PROBATION

Probation may be granted whether the sentence CrUeria in dererminine whether an offender
imposes a term of imprisonment or a fine only. max he nlaced on orobation
(Sec. 4, P.D. 968 as amended by R.A. 10707)
In determining whether an offender may be
Effea on accessory neoalries once ncohatino placed on probation, the court shall consider all
is granted information relative to the character,
antecedents, environment, mental and physical
Accessory penalties are deemed suspended. condition of the offender, and available
institutional and community resources.
CONDITIONS OF PROBATION
When nroharion shall he denied
1. Present himself to the probation officer
designated to undertake his supervision at If the court finds that:
such place as may be specified in the order
within seventy-two hours from receipt of 1. The offender is in need of correctional
said order; treatment that can be provided most
2. Report to the probation officer at least once effectively by his commitment to an
a month at such time and place as specified institution;
by said officer; 2. There is an undue risk that during the
3. The court may also require the probationer period of probation the offender will
to: commit another crime; or
3. Probation will depreciate the seriousness of
a. Cooperate with a program of the offense committed. (Sec. 8, P.D. 968)
supervision;
b. Meet his family responsibilities; Remedy if the application for probation i s
c. Devote himself to a specific employment denied
and not to change said employment
without the prior written approval of An order granting or denying probation shall not
the probation officer; be appealable (Sec. 4, P.D. 968 as amended by R.A.
d. Undergo medical, psychological, or 10707). Hence, if granted, the remedy is a Motion
psychiatric examination and treatment for Reconsideration and if denied, a petition for
and enter and remain in specified certlorari.
institution, when required for that
purpose; DISQUALIFIED OFFENDERS
e. Pursue a prescribed secular study or
vocational training; DiSm,aUficatlon to avail the benefits of the
f. Attend or reside in a facility established probation law {2004 BAR)
for instruction, recreation, or residence
of persons on probation; 1. Sentenced to serve a maximum term of
g. Refrain from visiting houses of ill· imprisonment of more than six (6) years;
repute; (1990, 1995, 2002 BAR)
h. Abstain from drinking intoxicated 2. Convicted of any crime against national
beverages to excess; security;
i. Permit the probation officer or an 3. Who have previously been convicted by final
authorized social worker to visit his judgment of an offense punishable by
home and place of work; imprisonment of more than six (6) months
j. Reside at premises approved by it and and one (1) day and/or a fine of more than
not to change his residence without its one thousand pesos (Pl,000);
prior written approval; or 4. Who have been once on probation under the
k. Satisly any other condition related to provision of this Decree;
the rehabilitation of the defendant and

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SPECIAL PENAL LAWS

5. Who are already serving sentence at the within the period for perfecting an appeal,
time the substantive provisions of this suspend the execution of the sentence and place
Decree became applicable pursuant to the defendant on probation for such period and
Section 33 hereof; upon such terms and conditions as it may deem
6. If he perfetted an appeal from the judgment best.
of conviction (Sec. 4, P.D. 968 as amended by
R.A.10707); No application for probation shall be entertained
7. If he is convicted of violation of Election or granted if the defendant has perfected the
offenses (Sec. 264, B.P. 881); or appeal from the judgment of conviction:
8. Any person convicted for drug trafficking or Provided, That when a judgment of conviction
pushing under R.A. 9165 regardless of the imposing a non-probationable penalty is
penalty imposed (Sec. 24, R.A. 9165). appealed or reviewed and such judgment is
modified through the imposition of a
NOTE: In multiple prison terms, those imposed probationable penalty, the defendant shall be
against the accused found guilty of several allowed to apply for probation based on the
offenses should not be added up and their sum modified decision before such decision becomes
total should not be determinative of his final.
disqualification from probation since the law
uses the word ..maximum" not "total" term of The application for probation based on the
imprisonment. (Francisco v. CA, et al, G.R. No. modified decision shall be filed in the trial court
108747, April 6, 1995) where the judgment of conviction imposing a
non-probationable penalty was rendered, or in
Q: Arnel Colinares was found guilty of the trial court where such case has since been
frustrated homicide by the RTC. On appeal, re-raffled. In a case involving several defendants
the CA affirmed his conviction. On petition where some have taken further appeal, the other
for review, SC ruled that he was only guilty of defendants may apply for probation by
attempted homidde, which penalty is submitting a written application and attaching
"probationable". thereto a certified true copy of the judgment of
conviction. (Sec. 4, R.A. 10707)
Is Colinares now entitled to apply for
probation upon remand of the case to the PERIOD OF PROBATION
lower court, even after he has perfected his
appeal to a previous conviction (frustrated Period ofnrohation
homicide) which was not "probationable"?
1. The period of probation of a defendant
A: YES. What is clear is that had the RTC done sentenced to a term of imprisonment of not
what was right and imposed on Arne) the correct more than one year shall not exceed two
penalty of two years and four months maximum, years, and in all other cases, said period
he would have had the right to apply for shall not exceed six years.
probation. Arne! did not appeal from a judgment 2. When the sentence imposes a fine only and
that would have allowed him to apply for the offender is made to serve subsidiary
probation. He did not have a choice between imprisonment in case of insolvency, the
appeal and probation. While it is true that period of probation shall not be less than
probation is a mere privilege, the point is not nor be more than twice the total number of
that Arnel has the right to such privilege; he days of subsidiary imprisonment. (2005
certainly does not have. What he has is the right BAR)
to apply for that privilege.
ARREST OF PROBATIONER
If the Court allows him to apply for probation
because of the lowered penalty, it is still up to tssuaoce of waccant of arrest aeaiost a
the trial judge to decide whether or not to grant probationer
him the privilege of probation, taking into
account the full circumstances of his case. The court may issue the warrant for violations of
(Co/inores v. People, G.R. No. 182748, December any condition of the probation.
13, 2011)
Effect after rhe arrest of the orohationer
The trial court may, after it shall have convicted
and sentenced a defendant for a probationable
penalty and upon application by said defendant

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He shall be immediately brought before the before the issuance of said order, the probation
court for hearing, which may be informal and may be revoked by the Court (Bala v. Martinez,
summary, of the violation charged. If the G.R. No. L-67301,January 29, 1990)
violation is established, the court may revoke or
continue his probation and modify the Pardon vis-ta-vis Proharion
conditions thereof. If revoked, the court shall
order the probationer to serve the sentence PARDON PROBATION
originally imposed. The order revoking the grant
of probation or modifying the terms and Includes any crime Exercised individually
conditions thereof shall not be appealable. and is exercised by the trial court
individually by the
NOTE: The defendant may be admitted to bail President
pending the hearing and in such case, the Merely looks
provisions regarding release on bail of persons It promotes the
fonvard and
charged with a crime shall be applicable. (Sec. correction and
relieves the
JS, P.O. 968) rehabilitation of an
offender from the
offender by providing
consequences of an
Saoctlons imoosed if the nrohafioner him with
offense of which he
commits any serious violation of the individualized
has been
conditions ofprobation treatment; provides an
convicted; it does
opportunity for the
not work for the
1. The court may issue a warrant for the arrest reformation of a
restoration of the
of a probationer. penitent offender
rights to hold
which might be Jess
public office, or the
2. If violation is established, the court may: probable if he were to
right of suffrage,
serve a prison
unless such rights
a. Revoke his probation; OR sentence; and prevent
are expressly
b. Continue his probation and modify the the commission of
restored by means
conditions thereof. offenses.
ofoardon.

NOTE: This order is not appealable. Exercised when Must be exercised


the person is within the period for
3. If probation is revoked, the probationer already convicted perfecting an appeal
shall serve the sentence originally imposed. Being a private act Being a grant by the
by the president, it trial court; it follows
TERMINATION OF PROBATION; EXCEPTION must be pleaded that the trial court also
and proved by the has the power to order
Termination ofprobation [2005 BAR) person pardoned. its revocation in a
proper case and under
The court may order the final discharge of the proper circumstances.
probationer upon finding that he has fulfilled the Does not alter the Does not alter the fact
terms and conditions of probation. fact that the that the accused is a
accused is a recidivist as it
Effeas oftecmioarion ofnrohafion recidivist as it provides only for an
produces only the opportunity of
1. Case is deemed terminated; extinction of the reformation to the
2. Restoration of all civil rights lost or personal effetts of penitent offender
suspended; the penalty
3. Totally extinguish his criminal liability as to Does not Does not extinguish
the offense for which probationwas granted. extinguish the civil the civil liability of the
(Sec.16, P.O. 968asamended by R.A10707) liability of the offender
offender
NOTE: The mere expiration of the period for
probation does not, ;pso fact.o, terminate the
probation. Probation is not co-terminus with its
period, there must be an order from the Court of
final discharge, terminating the probation. If the
accused violates the condition of the probation

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SPECIAL PENAL LAWS

block or chassis of any motor vehicle. Whenever


any motor vehicle is found to have a serial
ANTJ-CARNAPPING LAW number on its motor engine, engine block or
R.A.10883 chassis which is different from that which is
listed in the records of the Bureau of Customs
for motor vehicles imparted into the Philippines,
NOTE: The old Anti-Carnapping law, R.A. 6539, that motor vehicle shall be considered to have a
as amended by R.A. 7659, has been superseded defaced or tampered with serial number. (Sec.
by R.A. 10883, otherwise known as the "New 2(b), RA 10883)
Anti-Camapping Act af2016.'
Repainting
CacnaoaioeCl993 2006 RABJ
Changing the color of a motor vehicle by means
The taking, with intent to gain, of a motor of painting. There is repainting whenever the
vehicle belonging to another without the latter's new color of a motor vehicle is different from its
consent. or by means of violence against or color as registered in the Land Transportation
intimidation of persons, or by using force upon Office. (Sec. 2(9), RA 10883)
things. (Sec. 3, RA 10883)
RodvhnUdine
PUNISHABLE ACTS
A job undertaken on a motor vehicle in order to
1. Carnapping (Sec. 3, RA 10883) replace its entire body with a new body. (Sec.
2. Concealment of Carnapping (Sec. 4, R.A. 2(a), RA 10883)
10883)
3. Defacing or Tampering with Serial Numbers Bemodeline
of Motor Vehicle Engines, Engine Blacks, and
Chassis (Se.c 14, RA 10883) The introduction of some changes in the shape
4. Identity Transfer (Sec. 15, RA 10883) ar form of the body of the motor vehicle. (Sec.
5. Transfer of Vehicle Plate without Securing 2(h), R.A. 10883)
the Proper Authority from the Land
Transportation Office (LTO) (Se.c 16, R.A. Pismantline
10883)
6. Sale of Second Hand Spare Parts Taken from The tearing apart, piece by piece or part by part,
a Carnapped Vehicle (Sec. 17, R.A. 10883) afa motor vehicle. (Sec. 2 (c), R.A. 10883)

MntocxebicJe Overbauline
Any vehicle propelled by any power other than The cleaning or repairing of the whole engine of
muscular power using the public highways, a motor vehicle by separating the motor engine
except road rollers, trolley cars, street-sweepers, and its parts from the body of the motor vehicle.
sprinklers, lawn mowers, bulldozers graders (Sec. 2(j), R.A. 10883)
fork-lifts, amphibian trucks, and cra�es if no�
used an public highways, vehicles, which run Commission nfrarnannine
only on rails or tracks, and tractors, trailers and
traction engines of all kinds used exclusively for 1. When carnapping is committed WITH
agricultural purposes. (Sec. 2(e), RA 10883) violence against or intimidation of persons,
or force upon things; or
NOTE: Trailers having any number of wheels,
when propelled or intended to be propelled by Illustration: Pedro is about to leave from
attachment to a motor vehicle, shall be classified UST. Upon boarding his car, he was poked
as separate motor vehicle with no power rating. by X with a gun. X, subsequently, took
(Sec. 2(e), R.A.10883) Pedro's car.

Defacing or tampering with a serial number 2. When carnapping is committed WITHOUT


violence against or intimidation of persons,
It is the altering, changing, erasing, replacing, ar or force upon things.
scratching of the original factory-inscribed serial
number on the motor vehicle engine, engine

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CRIMINAL LAW

Illustratlon: Pedro, a Jaw student, parked Presumption of unlawfully taking of the


his car somewhere. While attending his motnr vebide
Criminal 2 class, Pedro's car was taken.
In Litton Mills, Inc. v. Sales, we said that for such
NOTE: In either case, the taking is always presumption to arise, it must be proven that: (a)
unlawful from the beginning. the property was stolen; (b) it was committed
recently; (c) that the stolen property was found
Even if the car was taken by means of violence in the possession of the accused; and (d) the
or intimidation, the crime is carnapping and not accused is unable to explain his possession
robbery. (People v. Bustinera, G.R. No. 148233, satisfactorily. (People v. IAgat, G.R. No. 187044,
June 8, 2004) September 14, 2011)

Q: Pedro was hired a s a taxi driver under the Intent to gain


boundary system. One day, Pedro failed to
return the taxi since he was short of the In Bustinera, the Court elucidated that intent to
boundary fee. Is Pedro liable for carnapping? gain or animus Jucrandl is an internal act,
presumed from the unlawful taking of the motor
A: YES. While the nature of Pedro's possession of vehicle. Actual gain is irrelevant as the
the taxi was initially lawful as he was hired as a important consideration is the intent to
taxi driver and was entrusted possession gain. The term "gain" is not merely limited to
thereof, his act of not returning it to its owner pecuniary benefit but also includes the benefit
transformed the character of the possession into which in any other sense may be derived or
an unlawful one. (People v. Bustinera, G.R. No. expected from the act which is performed. Thus,
148233, June 8, 2004) the mere use of the thing which was taken
without the owner's consent constitutes gain.
NOTE: Qualified theft of a motor vehicle is the (People v. IAgat, G.R. No. 187044, September 14,
crime if only the material or physical possession 2011)
was yielded to the offender; otherwise, if
juridical possession was also yielded, the crime REGISTRATION
is estafa.
Beonirement of reeistcatlnn
Elements of carnapping
1. Registration of motor vehicle engine, engine
1. That there is an actual taking of the vehicle; block and chassis
2. That the vehicle belongs to a person other
than the offender himself; NOTE: Within one (1) year after the
3. That the taking is without the consent of approval of this Act. every owner or
the owner thereof; possessor of unregistered motor vehide or
4. That the taking was committed by means of parts thereof in knock down condition shall
violence against or intimidation of persons, register with the Land Transportation Office
or by using force upon things; and the following:
5. That the offender intends to gain from the
taking of the vehicle. (People v. Lago� G.R. a. Motor vehicle engine
No. 187044, September 14, 2011) b. Engine block
c. Chassis
llnlawfol takine
2. Registration of sale, transfer, conveyance,
In People v. 8ustinera, the Supreme Court substltutlon or replacement of a motor
defined unlawful taking, or apoderamiento, as vehicle engine, engine block or chassis.
the taking of the motor vehicle without the
consent of the owner, or by means of violence NOTE: Within twenty (20) working days
against or intimidation of persons, or by using upon purchase/acquisition of a motor
force upon things. It is deemed complete from vehicle and substitution or replacement of a
the moment the offender gains possession of the motor vehicle engine, engine block or
thing, even if he has no opportunity to dispose of chassis, every sale, transfer, conveyance of a
the same. (People v. lagat G.R. No. 187044, motor vehicle, substitution or replacement
September 14, 2011) of a motor vehicle engine, engine block or

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chassis of a motor vehide shall be registered 1. For assembly or rebuilding of motor vehicles.
with the LTO. • Any person who shall undertake to
assemble or rebuild or cause the assembly
Effecr if the momr vehifle eneines eneine or rebuilding of a motor vehicle shall first
blocks and chassis are NOT registered secure a certificate of clearance from the
Philippine National Police (PNP).
1. It shall be considered as:
a. Untaxed importation; NOTE: No such permit shall be issued unless
b. Coming from an illegal source; the applicant shall present a statement
c. Carnapped vehicle. under oath containing the type, make, and
serial numbers of the engine, chassis and
2. It shall be confiscated in favor of the body, if any, and the complete list of the
Government. spare parts of the motor vehicle to be
assembled or rebuilt together with the
Duty of collector of customs names and addresses of the sources thereof.

The Collector of Customs of a principal port of In the case of motor vehicle engines to be
entry where an imported motor vehicle, motor mounted on motor boats, motor bancas and
vehicle engine, engine block chassis or body is other light water vessels, the applicant shall
unloaded, shall, within seven (7) days after the secure a permit from the Philippine National
arrival of the imported motor vehicle or any of Police, which office shall in turn furnish the
its parts enumerated herein, report the Office the pertinent data concerning the
shipment to the Land Transportation Office, motor vehicle engines including their type,
specifying the make, type, and serial numbers, if make and serial numbers. (Sec. 12, R.A.
any, of the motor vehicle, motor vehicle engine, 10883)
engine block and chassis or body and stating the
names and addresses of the owner or consignee 2. For shipment of motor vehicles, motor vehicle
thereof. engines, engine blocks, chassis or body. - Any
person who shall undertake to ship motor
If the motor vehicle engine, engine block, chassis vehicles, motor vehicle engines, engine
or body does not bear any serial number, the blocks, chassis or body shall first secure a
Collettor of Customs concerned shall hold the certificate of clearance from the Philippine
motor vehicle engine, engine block, chassis or National Police.
body until it is numbered by the Land
Transportation Office; Provided, that a PN P NOTE: The PPA shall not allow the loading of
clearance shall be required prior to engraving motor vehicles in all interisland and
the engine or chassis number. (Sec. 9, R.A 10883) international shipping vessels without a motor
vehicle clearance from the PNP, except cargo
Duty of importers. distributors and sellers trucks and other trucks carrying goods. Land
Transportation Franchising and Regulatory
Any person engaged in the importation, Board (LTFRB)·accredited public utility vehicles
distribution, and buying and selling of motor (PUV) and other motor vehicles carrying
vehicles, motor vehicle engines, engine blocks, foodstuff and dry goods.
chassis or body, shall:
The Philippine Ports Authority shall, within
1. Keep a permanent record of his stocks, seven (7) days upon boarding, submit a report to
stating therein: the Philippine National Police of all motor
a. Their type, make, and serial numbers; vehicles loaded on board the "RORo·, ferry, boat,
and vessell or ship for interisland and international
b. The names and addresses of the persons shipment. (Sec. 13, R.A. 10883)
from whom they were acquired; and
c. The names and addresses of the persons Convicred fnreien nationals deonrted after
to whom they were sold service ofsentence
2. Render an accurate monthly report of his Foreign nationals convicted under this Act shall
transactions in motor vehicles to the Land be deported immediately after service of
Transportation Office. (Sec. 10, R.A. 10883) sentence without further proceedings by the
Bureau of Immigration. (Sec.18, R.A. 10883)
BeouicementofcJearaoce and necmit
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CRIMINAL LAW

e. Knowingly use or receive the direct


ANTI-ELECTRICITY AND ELECTRIC benefit of electric service obtained
TRANSMISSION LINES/MATERIALS through any of the acts mentioned in
PILFERAGE ACT OF 1994 subsections (a), (b), (c), and (d) above.
R.A. 7832 (Sec. 2, R.A 7832)

2. Theft of electric power transmission lines


PERSONS COVERED and materials

Any person, natural or juridical, public or a. Cut, saw, slice, separate, split. severe,
private. (Sec. 2, R.A. 7832) smelt. or remove any electric power
transmission line/material or meter from
PROHIBITED ACTS a tower, pole, any other installation or
place of installation or any other place or
1. Illegal use of electricity site where it may be rightfully or lawfully
stored, deposited, kept, stocked,
a. Tap, make, or cause to be made any inventoried, situated or located, without
connection with overhead lines, service the consent of the owner. whether or not
drops, or other electric service wires, the act is done for profit or gain;
without previous authority or consent of b. Take, carry away. or remove or transfer,
the private electric utility or rural electric with or without the use of a motor vehicle
cooperative concerned; or other means of conveyance, any
b. Tap, make, or cause to be made any electric power transmission line/material
connection to the existing electric service or meter from a tower, pole, any other
facilities of any duly registered consumer installation or place of installation, or any
without the latter's or the electric utility's place or site where it may be rightfully or
consent or authority; lawfully stored, deposited, kept, stocked,
c. Tamper, instaJI, or use a tampered inventoried, situated or located, without
electric.al meter, jumper, current the consent of the owner. whether or not
reversing transformer. shorting or the act is done for profit or gain;
shunting wire, loop connection, or any c. Store. possess or otherwise keep in his
other device which interferes with the premises, custody or control, any electric
proper or accurate registry or metering of power transmission line/material or
electric current or otherwise results in its meter without the consent of the owner,
diversion in a manner whereby electricity whether or not the act is done for profit
is stolen or wasted; or gain; and
d. Load, carry, ship, or move from one place
Tampering with the electric meter to another, whether by land, air or sea,
any electrical power transmission
Committed by the consumer to prevent line/material, whether or not the act is
the meter from registering the correct done for profit or gain, without first
amount of electric consumed; thus, while securing a clearance/permit for the said
using the same regular power supply, purpose from its owner or the National
they are billed for Jess than what they Power Corporation (NPC) or its regional
actually consumed. Tampering affects office concerned, as the case may be. (Sec.
only the registered usage as renected in 3, R.A. 7832)
the electric meter, not the amount of
electricity actually used, assuming a more Electrical PowerIcaosmiSsiootine/Marerial
or Jess uniform monthly usage of
electricity. (Manito Electric Company v. Electric power transmission steel towers,
Spouses Chua and Paqueo, G.R. No. 160422, woodpoles, cables, wires, insulators, line
July S, 2010) hardwares, electrical conductors, and other
related items with a minimum voltage of sixty­
d. Damage or destroy an electric meter, nine kilovolts (69 kv). (Sec. 3, R.A. 7832)
equipment, wire or conduit or allow any
of them to be so damaged or destroyed as PRIMA FACIE EVIDENCE
to interfere with the proper or accurate
metering of electric current: and

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To constitute prima facie evidence, discovery of Provided, however, that the discovery of
the circumstances must be personally witnessed any of the foregoing circumstances, in
and attested to by an officer of the law or a duly order to constitute prima facie evidence,
authorized representative of the Energy must be personally witnessed and
Regulatory Board (ERB). attested to by an officer of the law or a
duly authorized representative of the
The presence of government agents who may Energy Regulatory Board (ERB). (Sec. 4(o),
authorize immediate disconnections go into the R.A. 7832)
essence of due process. (Quisumbing v. Manila
Electric Company, G.R. No. 142943, April 3, 2002) In the case of Manila Electric Company v. Spouses
Indeed, we cannot allow respondent to act Chua and Paqueo, G.R. No. 160422,july 5,201, the
virtually as prosecutor and judge in imposing Supreme Court held that the inclusion of the
the penalty of disconnection due to alleged phrase "by the consumer concerned'" in the
meter tampering. discovery of any of the circumstances in the IRR
is invalid because it is in excess of what the law
Cica,msranres c.nnstln,rine orima furie being implemented provides. Only the presence
evidence of illegal use of electricity of an authorized government agent, either an
officer of the law or an authorized
Sections 4(a) and 4(b) of R.A. 7832 provide that representative of the ERB, during the MERALCO
the following circumstances shall constitute inspection would allow any of the circumstances
primo focie evidence of illegal use of electricity: enumerated in Section 4 of R.A. 7832 to be
considered prima facie evidence of illegal use of
1. The presence of a bored hole on the glass electricity by the benefited party. The law does
cover of the electric meter, or at the back or not include the consumer or the consumer's
any other part of said meter; representative in this enumeration.
2. The presence inside the electric meter of salt,
sugar and other elements that could result in 9. Possession, control, or custody of
the inaccurate registration of the meter's electric power transmission
internal parts to prevent its accurate line/material by any person, natural or
registration of consumption of electricity; juridical, not engaged in the
3. The existence of any wiring connec.tion which transformation, transmission or
affects the normal operation or registration distribution of electric power, or in the
of the electric meter; manufacture of such elec.tric power
4. The presence of a tampered, broken, or fake transmission line/material shall
seal on the meter, or mutilated, altered, or be prima facie evidence that such
tampered meter recording chart or graph, or line/material is the fruit of the offense
computerized chart, graph or log; defined in Section 3 and therefore such
5. The presence in any part of the building or its line/material may be confiscated from
premises which is subject to the control of the person in possession. control or
the consumer or on the electric meter. of a custody. (Sec. 4(b), R.A. 7832)
current reversing transformer, jumper,
shorting and/or shunting wire, and/or loop The presence of a broken seal and a shunting
connection or any other similar device; wire in petitioner's electric meter will not suffice
6. The mutilation, alteration, reconnection, to support a finding that petitioner was in
disconnec.tion, bypassing or tampering of flagrante delicto. Such circumstances merely
instruments, transformers, and accessories; operate as prima facie evidence of illegal use of
7. The destruction of, or attempt to destroy, any electricity under Section 4 of R.A. No. 7832. (Go
integral accessory of the metering device box v. Leyte II Electric Cooperative, Inc., G.R. No.
which encases an electric meter, or its 176909, February 18, 2008)
metering accessories; and
8. The acceptance of money and/or other DISCONNECTION OF ELECTRIC SERVICE
valuable consideration by any officer or
employee of the electric utility concerned or Wbeo shall there be discoooecrino
the making of such an offer to any such
officer or employee for not reporting the The private elec.tric utility or rural elec.tric
presence of any of the circumstances cooperative concerned have the right and
enumerated in subparagraphs (i), (ii), (iii), authority to disconnett immediately the electric
(iv), (v), (vi), or (vii) hereof. service after serving a written notice or warning

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to that effect. without the need of a court or referred to in this section as differential
administrative order, and deny restoration of billing. (Sec. 6, R.A. 7832)
the same when:
Beonisites fnr an electric service orov'ider ro
1. Owner of the house or establishment be authorized ro disconnecr a,sromer's
concerned or someone acting in his eJectric serv'ife on the basis of alleeed
behalf shall have been caught in elecrricitv oilferaee
flagrante delicto doing any of the acts
enumerated in Section 4(a); or 1. An officer of the Jaw or an authorized ERB
representative must be present during the
In Flaerante Delicrn inspection of the electric facilities; and
2. Even if there is prima facie evidence of
Implies positive identification by an illegal use of electricity and the customer is
eyewitness or eyewitnesses to the act of caught in flagrante delitto committing the
tampering so that there is '"direct acts under Section 4(a), the customer must
evidence· of culpability, or "that which still be given due notice prior to the
proves the fact in dispute without the disconnection. (Manila Electric Company v.
aid of any inference or presumption." Navarro-Domingo, G.R. No. 161893, June 27,
(Manila Electric Company v. Spouses 2006)
Chua and Paqueo, G.R. No.160422, July 5,
2010) PRESUMPTION OF BAO FAITH

2. Any of the circumstances so Failure to comply with the stritt requirements


enumerated shall have been discovered under Sections 4 and 6 of R.A. 8732 gives the
for the second time. Provided, a written electric utility or rural cooperative no authority
notice or warning shall have been to immediately disconnect electric services.
issued upon the first discovery. Immediate disconnection is a presumption of
bad faith. (Manila Electric Company v. Spouses
Rules in djsconnection of electric service Ramos, G.R.No.195145, February 10, 2016)

1. Upon deposit of the amount representing Electricity is a basic necessity, the generation
the differential billing by the person denied and distribution of which is imbued with public
the service, with the private electric utility interest, and its provider is a public utility
or rural elec.tric cooperative concerned or subject to strict regulation by the State in the
with the competent court electric service exercise of police power. Failure to comply with
shall not be immediately disconnected or these regulations will give rise to the
shall be immediately restored. presumption of bad faith or abuse of right
2. If the court finds that illegal use of (Samar II Electric Cooperative, Inc., and Dacula v.
electricity has not been committed by the Quijano, G.R.No.144474, April 27, 2007)
same person, the amount deposited shall be
credited against future billings, with legal BREACH OF CONTRACT
interest chargeable against the private
utility or rural elec.tric cooperative, and the The Supreme Court held that MERALCO's
utility or cooperative shall be made to contractual right to disconnect electric service
immediately pay such person double the arises only after the customer has been notified
value of the payment or deposit with legal of his adjusted bill and has been afforded the
interest, which amount shall likewise be opportunity to pay the differential billing.
creditable against immediate future MERALCO breached its contract of service with
billings, without prejudice to any criminal, the respondents as it disconnected the
civil, or administrative action that such respondent's electric service before they were
person may be entitled to file under ever notified of the differential billing. (Manila
existing laws, rules and regulations. Electric Company v. Spouses Ramos, G.R. No.
3. If the court finds the same person guilty of 195145, February 10, 2016)
such illegal use of electricity, he shall, upon
final judgment, be made to pay the electric DIFFERENTIAL BILLING
utility or ruraJ electric cooperative
concerned double the value of the Differential billing
estimated electricity illegally used which is

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Amount to be charged to the person concerned (Manila Electric Company v. MACRO Textile
for the unbilled electricity illegally consumed by Mills Corporation, G.R. No. 126243, January
him. 18, 2002)

How differential billing i s determined INCENTIVES

It is determined through the use of Any person who shall report to the NPC or police
methodologies which utilize, among others, as authorities any ac.t which may constitute a
basis for determining the amount of monthly violation of Section 3 (Theft of Elet1:ric Power
electric consumption in kilowatt-hours to be Transmission Lines and Materials) shall be given
billed, either: incentive by way of a monetary award in the
minimum of PS,000.
1. The highest recorded monthly consumption
within the five-year billing period preceding The Department of Energy (DOE), in
the time of the discovery; consultation with the NPC, shall issue the
2. The estimated monthly consumption as per necessary guidelines for the proper
the report of load inspection conducted implementation of this incentive scheme. (Sec. 5,
during the time of discovery; RA 7832)
3. The higher consumption between the
average consumptions before or after the IMPOSITION OF SURCHARGES
highest drastic drop in consumption within
the five-year billing period preceding the Private electric utility or rural elec.tric
discovery; cooperative may impose surcharges, in addition
4. The highest recorded monthly consumption to the value of the electricity pilfered, on the bills
within four (4) months after the time of of any consumer apprehended for tampering
discover; or with his electric meter/metering facility
5. The result of the ERB test during the time of installed on his premises, as well as other
discovery and, as basis for determining the violations of contract like direct connection, use
period to be recovered by the differential of jumper, and other means of illicit usage of
billing, either: (1) the time when the elet1:ric electricity found installed in the premises of the
service of the person concerned recorded an consumer.
abrupt or abnormal drop in consumption, or
(2) when there was a change in his service 1. First apprehension Twenty-five
connection such as a change of meter, percent (25%) of the current bill as
change of seal or reconnection, or in the surcharge;
absence thereof, a maximum of sixty (60)
billing months, up to the time of discovery, 2. Second apprehension - Fifty percent
but shall not be less than one (1) year (50%) of the current bill as surcharge;
preceding the date of discovery of the illegal and
use of electricity. (Sec. 6, R.A. 8732)
3. Third and subsequent apprehension
Three methods in computing differential - One hundred percent (100%) of the
hillines current bill as surcharge.

1. Average method - used when the defect Private electric utility or rural elec.tric
discovered was intermittent or on and off; cooperative is authorized to discontinue the
electric service in case the consumer is in
2. Percentage method as found b y the arrears in the payment of the above imposed
meter laboratory - used when the meter surcharges. (Sec. 8, R.A. 8732)
laboratory had been able to arrive at the
percentage registration of the meter when RESTRICTION ON THE ISSUANCE OF
the defect was more or less permanent in RESTRAINING ORDERS OR WRITS OF
nature; and INJUNCTION

3. Registration of the totalizer meter - No writ of injunc.tion or restraining order shall


employed when the registration of the be issued by any court against any private
meter was not affected and was able to electric utility or rural elec.tric cooperative
register the full amount of consumption. exercising the right and authority to disconnect

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CRIMINAL LAW

electric service as provided in this Act, unless 1. Fact of recovery;


there is prima facie evidence that the 2. Date;
disconnection was made with evident bad faith 3. Name of the consumer concerned;
or grave abuse of authority. 4. Amount recovered;
5. Amount of pilferage Joss claimed;
If a court issues an injunction or restraining 6. Explanation for the failure to recover the
order, such injunction or restraining order shall whole amount claimed; and
be effective only upon the filing of a bond with 7. Such other particulars as may be required
the court which shall be in the form of cash or by the ERB.
cashier's check equivalent to the "differential
billing," penalties and other charges, or to the If there is a case pending in court for the
total value of the subject matter of the attion: recovery of a pilferage Joss, no private electric
Provided, however, that such injunction or utility or rural electric cooperative shall accept
restraining order shall automatically be refused payment from the consumer unless so provided
or, if granted, shall be dissolved upon filing by in a compromise agreement duly executed by
the public utility of a counter board similar in the parties and approved by the court. (Sec. 12,
form and amount as that above required: R.A. 8732)
Provided, finally, That whenever such injunction
is granted, the court issuing it shall, within ten
(10) days from its issuance, submit a report to THE FISHERIES CODE
the Supreme Court setting forth in detail the R.A. 8550, AS AMENDED BY R.A. 10654
grounds or reasons for its order.

Two excentinns ro the restriction on the SCOPE OF THE LAW


issuance of Besrrainine Ordecs or Weirs of
ln;unction 1. All Philippine waters including other waters
over which the Philippines has sovereignty
1. When there is prima facie evidence that the and jurisdiction, and the country's 200·
disconnection was made with evident bad nautical mile Exclusive Economic Zone
faith or grave abuse of authority; and (EEZ) and continental shelf;
2. When, even in the absence of bad faith or 2. All aquatic and fishery resources whether
grave abuse of authority, the electric inland, coastal or offshore fishing areas,
consumer deposits a bond with the court in including, but not limited to, fishponds, fish
the form of cash or a cashier's check pens/cages;
equivalent to the differential billing. (Go v. 3. All lands devoted to aquaculture, or
Leyte II Electric Cooperative, Inc., G.R. No. businesses and activities relating to fishery,
176909, February 18, 2008) whether private or public lands; and
4. All Philippine flagged fishing vessels
Issuance of an injunction or restraining order. operating in areas governed by a Regional
even in the absence of bad faith and grave abuse Fisheries Management Organization
of authority, provides ample protection to both (RFMO), in the high seas, or in waters of
the consumer and the electric company. It does other coastal states. (Sec. 3 of R.A. 8550 as
not render the Jaw toothless because the amended by Sec. 2 ofR.A. 10654)
required bond, in the form of cash or cashier's
check and in the amount of the differential PROHIBITED ACTS
billing and other charges, protetts the interest of (Chapter YI, Sections 86 to 128 of R.A. 10654)
the private electric utility or rural electric
cooperative concerned. (Go v. Leyte II Electric
1. Unauthorized Fishing
Cooperative, Inc., ibid)
2. Engaging in Unauthorized Fisheries
Activities
RECOVERY OF PILFERAGE LOSSES
3. Failure to Secure Fishing Permit Prior to
Engaging in Distant Water Fishing
Private electric utility or rural electric
4. Unreported Fishing
cooperative which recovers any amount of
5. Unregulated Fishing
pilferage losses shall, within thirty (30) days
6. Poaching in Philippine Waters
from said recovery, report in writing and under
7. Fishing Through Explosives, Noxious or
oath to the ERB:
Poisonous Substance, or Electricity
8. Use of Fine Mesh Net

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9. Fishing in Overexploited Fishery 38. Noncompliance with the Requirements for


Management Areas the Introduction of Foreign or Exotic
10. Use of Active Gear in Municipal Waters, Bays Aquatic Species
and Other Fishery Management Areas 39. Failure to Comply with Standards and
11. Ban on Coral Exploitation and Exportation Trade-Related Measures
12. Ban on Muro-ami, Other Methods and Gear 40. Possessing, Dealing in or Disposing Illegally
Destructive to Coral Reefs and Other Marine Caught or Taken Fish
Habitat 41. Unauthorized Disclosure of Sensitive
13. Illegal Use of Superlights or Fishing Light Technical Information
Attractor 42. Other Violations (Violation of Fishery
14. Conversion of Mangroves Administrative Orders and Regulations)
15. Fishing During Closed Season
16. Fishing in Marine Protected Areas, Fishery UNAUTHORIZED FISHING
Reserves, Refuge and Sanctuaries Sectwn 86, R.A. 8550
17. Fishing or Taking of Rare, Threatened or
Endangered Species Formsofllnauthnrized Eisbine
18. Capture of Sabala and Other
Breeders/Spawners 1. Capturing or gathering or to cause the
18. Exportation of Breeders, Spawners, Eggs or capture or gathering of fish, fry, or
Fry fingerlings of any fishery species or fishery
19. Importation or Exportation of Fish or products without license or permit from the
Fishery Species Department of Agriculture or LGU.
20. Violation of Harvest Control Rules
21. Aquatic Pollution 2. Fishing in municipal waters by any
22. Failure to Comply with Minimum Safety commercial fishing vessel except in cases
Standards provided by the law.
23. Failure to Submit a Yearly Report on All
Fishponds, Fish Pens and Fish Cages Prima fade Presumntlon that a Person iS
24. Gathering and Marketing of Shell Fishes or Eoeaeed in lloauthnri:zed Fishine
Other Aquatic Species
25. Obstruction to Navigation or Flow or Ebb of GR: There is a prima facie presumption that a
Tide in any Stream, River, Lake or Bay person in possession of a fishing gear or
26. Noncompliance with Good Aquaculture operating a fishing vessel in a fishing area where
Practices he has no license or permit is engaged in
27. Commercial Fishing Vessel Operators unauthorized fishing.
Employing Unlicensed Fisherfolk,
Fishworker or Crew XPN: The presumption will not arise if:
28. Obstruction ofOefined Migration Paths
29. Obstruction to Fishery Law Enforcement 1. The fishing is done for daily food
Officer sustenance; or
30. Noncompliance with Fisheries 2. For leisure which is not for commercial,
Observer Coverage occupation or livelihood purposes.
31. Noncompliance with Port State Measures
32. Failure to Comply with Rules and ENGAGING IN UNAUTHORIZED
Regulations on Conservation and FISHERIES ACTIVITIES
Management Measures Sectwn 87 R.A. 8550
33. Noncompliance with Vessel Monitoring
Measures Unauthorized Fisheries Activities; Prima
34. Constructing, Importing or Converting Facie Pcesumntinn
Fishing Vessels or Gears Without Permit
from the Department A person is engaged in unauthorized fisheries
35. Use of Unlicensed Gear activities when he/she exploits, occupies,
36. Falsifying.Concealing or Tampering with produces, breeds, or cultures fish, fry, or
Vessel Markings, Identity or Registration fingerlings of any fishery species or fishery
37. Concealing, Tampering or Disposing of products or constructs and operates fish corrals,
Evidence Relating to an Investigation of a fish traps, fish pens, and fish cages or fishponds
Violation without a license, lease, or permit.

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The discovery of any person engaging in any of that organization and further elaborated by
the above activities without a lease, license, or regulations to be promulgated by the
permit shall constitute a pr;ma Department of Agriculture. (Sec. 3, R.A. 10654)
facie presumption that the person is engaged in
unauthorizedfisheries activity. Beoortorial Beonirement nuder Sec 36
FAILURE TO SECURE FISHING PERMIT PRIOR Each commercial fishing vessel shall keep a daily
TO ENGAGING IN DISTANT WATER FISHING record offish catch and spoilage, landing points,
Sel"lion BB, R.A. 8550 and quantity and value of fish caught, and off­
loaded for transhipment, sale and/or other
It shall be unlawful for any person tofish in the disposal. Detailed information shall be duly
high seas, in the territorial seas, archipelagic certified by the vessel's captain and transmitted
waters, and Exclusive Economic Zones of other to BFAR within the period prescribed in the
states using a Philippine flagged fishing vessel implementing rules and regulations
without first securing a fishing permit from the promulgated by the Department of Agriculture.
Department of Agriculture and authorization Failure to comply shall result to administrative
from the coastal state. and penal sanctions. (Sec.12, R.A.10654)

The discovery of any person in possession of a UNREGULATED FISHING


fishing gear or operating a fishing vessel in the Sel"lion 90, R.A. 8550
high seas, in the territorial seas, archipelagic
waters, and Exclusive Economic Zones of other It shall be unlawful for any person to engage in
states without a fishing permit from the unregulatedfishing in waters within and beyond
Department of Agriculture or authorization from national jurisdittion.
the coastal state shall constitute a prima
facie presumption that the person is engaged in Unregulated Fishing refers to fishing activities
distant water fishing without first securing a conducted by:
fishing permit.
1. Vessels without nationality but operated by
Arrs in Contravention of the Terms of the Filipino and/or Filipino corporation;
fishine Permit 2. Philippine flagged fishing vessels operating
in areas managed by RFMOs to which the
It shall be unlawful for an owner or operator, Philippines is not a party to; or
and the three (3) highest officers, of a 3. Philippine flagged fishing vessels operating
commercial fishing vessel to commit acts that in areas or fish stocks where there are no
are in contravention of the terms and conditions applicable conservation and management
stated in the fishing permit or as may be measures. (Sec. 3, R.A.10654)
promulgated by the Department of Agriculture.
POACHING IN PHILIPPINE WATERS
UNREPORTED FISHING Sel"lion 91, R.A. 8550
Sel"lion 89, R.A. 8550
It shall be unlawful for any foreign person,
It shall be unlawful for any person to engage in corporation, or entity to fish or operate any
unreported fishing or to fail to comply with the fishing vessel in Philippine waters.
reportorial requirements in Section 38 of the
Code. The entry of any foreign fishing vessel in
Philippine waters shall constitute a prima
lloceoorted fisbioe facie presumption that the vessel is engaged in
fishing in Philippine waters.
Fishing activities which have not been reported,
or have been misreported to the Department of FISHING THROUGH EXPLOSIVES, NOXIOUS
Agriculture, in contravention of national laws OR POISONOUS SUBSTANCE, OR ELECTRICITY
and regulations of the Philippines, or Sel"lion 92 R.A. 8550
undertaken in the area of competence of a
relevant Regional Fisheries Management GR: It is unlawful for any person to catch, take or
Organization (RFMO) which have not been gather or cause to be caught. taken, or gathered
reported or have been misreported, in fish or any fishery species in Philippine waters
contravention of the reporting procedures of with the use of explosives, noxious or poisonous

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substance such as sodium cyanide, which wiJI mature, as identified in the implementing rules
kill, stupefy, disable, or render unconscious fish and regulations by the Department of
or fishery species. Agriculture.

XPNs: NOTE: The discovery of a fine mesh net in a


fishing vessel shall constitute a prima
1. The Department of Agriculture may allow, facie presumption that the person or fishing
for research, educational, or scientific vessel is engaged in fishing with the use of fine
purposes only, the use of poisonous or mesh net.
noxious substances to catch, take, or gather
fish or fishery species subject to such USE OF ACTIVE GEAR IN MUNICIPAL WATERS,
safeguards and conditions deemed BAYS ANO OTHER FISHERY
necessary and with the endorsement from MANAGEMENT AREAS
the concerned LGUs. Sectwn 95, R.A. 8550
2. When the use of poisonous or noxious
substances is for purposes of eradicating It shall be unlawful to engage in fishing in
predators and pests in fishponds in municipal waters and in all bays as well as other
accordance with accepted scientific fishery management areas using ac.tive fishing
practices and without causing adverse gears.
environmental impact in neighboring
waters and grounds. Munifiaal waters
Prima Facie Presumption that Explosives, Include not only streams, lakes, inland bodies of
Noxious or PoiSonons Subsraoce or water, and tidal waters within the municipaJity
Elettricitx were llsed fnr fishine which are not included within the protected
areas as defined under R.A. 7586 (The NIPAS
1. The discovery of dynamite, other explosives Law), public forest, timber lands, forest reserves
and chemical compounds which contain or fishery reserves, but also marine waters
combustible elements, or noxious or included between two lines drawn
poisonous substances, or equipment or perpendicular to the general coastline from
device for electrofishing in any fishing vessel points where the boundary lines of the
or in the possession of any fisherfolk, municipality touch the sea at low tide and a third
operator, fishing boat official or fishworker line parallel with the general coastline including
shall constitute a prima facie presumption offshore islands and fifteen kilometers from
that any of these devices was used for such coastline. Where two municipalities are so
fishing. situated on opposite shores that there is less
2. The discovery in any fishing vessel of fish than thirty kilometers of marine waters between
caught or killed with the use of explosives, them, the third line shall be equally distant from
noxious or poisonous substances, or by opposite shore of the respective municipalities.
electricity shall constitute a prima (Sec. 4, R.A. 8550)
facie presumption that the fisherfolk,
operator, boat official or fishworker is Active Fishing Gear
fishing with the use thereof.
A fishing device characterized by the pursuit of
NOTE: It is unlawful for any person to possess the target species by towing, pushing the gears,
explosives, and noxious or poisonous substances surrounding, covering, dredging, and scaring the
for illegal fishing. target species to impoundments; such as, but not
limited to, trawl, purse seines, Danish
USE OF FINE MESH NET seines, pooling and drift gill net. (Sec. 4, R.A. 8550
Sectwn 9.1, R.A. 8550 as amended by Sec. 3 of R.A. 10654)

GR: It is unlawful to engage in fishing using nets BAN ON CORAL EXPLOITATION


with mesh smaller than that which may be ANO EXPORTATION
determined by the Department of Agriculture. Sectwn 96, R.A. 8550

XPN: If it is for the purpose of gathering fry, It shall be unlawful for any person or
glass eels, elvers, tabios, and a/among and other corporation to gather, possess, commercially
species that by their nature are small but already transport, sell or export ordinary, semi-precious

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and precious corals, whether raw or in Fishing Light Attractor


processed form, except for scientific or research
purposes. A fishing aid which employs lights using, among
others, mercury vapor, high pressure sodium
It is also unlawful for any person, corporation or vapor, standard tungsten, tungsten halogen,
entity to commit any activity that damage coral fluorescent or light-emitting diode, that are
reefs. attached to a structure above water or
suspended underwater to attract both fish and
BAN ON MURO-AMI, OTHER METHODS AND members of their food chain to specific areas in
GEAR DESTRUCTIVE TO CORAL REEFS AND order to harvest them. (Sec. 3, R.A. 10654)
OTHER MARINE HABITAT
Sel"lion 97, R.A. 8550 CONVERSION OF MANGROVES
Sel"lion 99, R.A. 8550
It shall be unlawful for any person, natural or
juridical, to fish with gear or method that It shall be unlawful for any person to convert
destroys coral reefs, seagrass beds, and other mangroves into fishponds or for any other
fishery marine life habitat as may be determined purpose.
by the Department of Agriculture.
Conversion
'Muro-amt and any of its variation, and such
similar gears and methods that require diving. The act or process of changing from one form,
other physical or mechanical atts to pound the state, etc., to another. The atts of cutting
coral reefs and other habitat to entrap, gather or mangrove trees, constructing a dike. installing
catch fish and other fishery species are also an outlet [prinsa), and excavating in the
prohibited. mangrove forest constitute conversion because
it altered the natural structure and form of the
It is also unlawful for any person, natural or mangrove forest.
juridical, to gather, possess, commercially
transport, sell or export coral sand, coral What the Jaw prohibits is not only the
fragments, coral rocks, silica, and any other conversion of the mangrove forest into
substances which make up any marine habitat fishponds, but its conversion into any other
except in cases allowed by law. purpose. (Leynes v. People, C.R. No. 224804,
September 21, 2016)
ILLEGAL USE OF SUPERLIGHTS OR FISHING
LIGHT ATTRACTOR Elements of Conversion of Mangrove
Sel"lion 98 R.A. 8550
1. The site of the fishpond is a mangrove
It shall be unlawful to engage in fishing with the forest;
use of superlight in municipal waters, or to fish 2. There was a conversion of the mangrove
with fishing light attrattor using candlelight area into a fishpond; and
power or intensity beyond the standards set by 3. The appellant made the conversion. (Leynes
the Department of Agriculture in consultation v. People, C.R. No. 224804; September 21,
with the LGUs for fishing in municipal waters, or 2016)
in violation of the rules promulgated by the
Department of Agriculture for fishing with the Good Faith is notaDefense
use of superlight or fishing light attractor
outside municipal waters. The Fisheries Code, as a special law, failure to
comply with the same being ma/um prohibitum,
s,mecHeht intent to violate it or good faith is immaterial.
(Leynes v. People, C.R. No. 224804, September 21,
Also called magic light. refers to a type of light 2016)
using halogen or metal halide bulb which may be
located above the sea surface or submerged in FISHING OR TAKING OF RARE, THREATENED
the water. It consists of a ballast, regulator, OR ENDANGERED SPECIES
electric cable and socket. The source of energy Sectwn 102, R.A. 8550
comes from a generator. battery or dynamo
coupled with the main engine. (Sec. 3, RA Punishable ActS
10654)

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1. It is unlawful to fish or take, catch, gather, spawners, eggs, or fry are discovered or seized
sell, purchase, possess, transport. export, to fully cooperate in the investigation conducted
fonvard, or ship out aquatic species listed in by concerned government authorities on the
Appendix I of the Convention on the matter shaJI create a presumption that there is
International Trade in Endangered Species connivance or conspiracy between the company
of Wild Flora and Fauna (CITES], or those and the shipper to violate the provisions of RA.
categorized by the International Union for 8550 as amended by R.A. 10654.
Conservation of Nature and Natural
Resources (IUCN) as threatened and IMPORTATION OR EXPORTATION OF FISH OR
determined by the Department of FISHERY SPECIES
Agriculture as such. Sertwn 105, R.A. 8550

2. It is unlawful to fish, take, catch, gather, sell, Any importation or exportation of fish or fishery
purchase. possess, transport. export, species in violation of R.A. 8550 as amended by
fonvard, or ship out aquatic species listed in R.A. 10654 is unlawful.
CITES Appendices II and Ill if scientific
assessments show that population of the Failure on the part of the shipping or forwarding
species in the wild cannot remain viable company from whose possession the fish or
under pressure of collec.tion and trade fishery species imported or exported are
except if the taking or fishing of these discovered or seized to fully cooperate in the
species from the wild is for scientific investigation conducted by concerned
research, or conservation breeding government authorities shall create a
simultaneous with commerciaJ breeding. presumption that there is connivance or
conspiracy between the shipping company and
3. It is unlawful to gather, take, possess, the shipper to perpetrate the aforementioned
transport, or export. fonvard, or ship out offense.
captive-bred species that have been
transplanted to the wild. FAILURE TO COMPLY WITH MINIMUM
SAFETY STANDARDS
CAPTURE OF SABALO AND OTHER Se,·twn 108 R.A. 8550
BREEDERS/SPA\VNERS
Se,·twn 10.1, R.A. 8550 The owner and captain of a commercial fishing
vessel engaged in fishing who, upon demand by
GR: It is unlawful for any person to catch, gather, proper authorities, fails to exhibit or show proof
capture, or possess mature milkfish of compliance with the safety standards
or saba/o and other breeders or spawners of provided in RA. 8550 shall be liable
other fishery species as may be determined by administratively and criminally.
the Department of Agriculture.
FAILURE TO SUBMIT A YEARLY REPORT ON
XPN: For local breeding purposes or scientific or ALL FISHPONDS, FISH PENS AND FISH CAGES
research purposes subject to guidelines that Se,·twn 109, R.A. 8550
shall be promulgated by the Department of
Agriculture. It shall be unlawful for owners and operators of
fishponds, fishpens and fish cages to fail to
EXPORTATION OF BREEDERS, SPAWNERS, submit an annual report to the Department of
EGGS OR FRY Agriculture pursuant to Section 57 of R.A. 8550.
Se,·twn 104, R.A. 8550
Registration of Fish Hatcheries and Private
GR: Exportation of breeders, spawners, eggs or Fishnonds ere
fry is unlawful.
All fish hatcheries, fish breeding facilities, and
XPN: Export of hatchery-bred or captive-bred private fishponds must be registered with the
breeder, spawner, egg or fry, may be allowed LGUs which shall prescribe minimum standards
subject to the regulations to be promulgated by for such facilities in consultation with the
the Department of Agriculture. Department of Agriculture.

Failure on the part of the shipping or forwarding


company from whose possession the breeders,

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Provided, that the Department shall conduct a OBSTRUCTION TO FISHERY LAW


yearly inventory of all fishponds, fish pens, and ENFORCEMENT OFFICER
fish cages whether in public or private lands. Sectwn 115, R.A. 8550

Provided, further, That all fishpond, fish pens, The fishing vessel owner, master or operator or
and fish cage operators shall annually report to any other person acting on behalf of any fishing
the Department the type of species and volume vessel who assaults, resists, intimidates,
of production in areas devoted to aquaculture. harasses, seriously interferes with, or unduly
(Sec. 57 ofR.A. 8550) obstructs or delays a fishery Jaw enforcement
officer, authorized inspector or observer, the
NONCOMPLIANCE WITH GOOD deputized fishwarden of the LGU, or any
AQUACULTURE PRACTICES lawfully·boarding government officers, in the
Sectwn llZ, R.A. 8550 exercise of their duties will be penalized.

Fishery operations involving the breeding and Any person who does not allow any authorized
farming of fish and other fishery species shall officer or an observer to exercise any of the legal
comply with good aquaculture practices and the duties shall be deemed to be obstructing that
guidelines for environmentally-sound design officer or person.
and operation for the sustainable development
of the aquaculture industry which shall be NONCOMPLIANCE WITH FISHERIES
promulgated by the Department of Agriculture. OBSERVER COVERAGE
Sectwn 116, R.A. 8550
COMMERCIAL FISHING VESSEL OPERATORS
EMPLOYING UNLICENSED FISHERFOLK, Vessels ProbihUed from samne without a
FISHWORKER OR CREW fisheries Obseryer
Sectwn 113 R.A. 8550
1. Philippine distant water fishing vessel;
Persons Prohibited from Employing 2. Commercial fishing vessels.
lloliceosedFisberfnlk /Eisberwocker/Ccew
NONCOMPLIANCE WITH PORT STATE
1. Owner or operator of a commercial fishing MEASURES
vessel; Sectwn 117, R.A. 8550
2. Philippine flagged fishing vessels engaged in
distant water fishing. 24·hour Prior Notice Beauicement
OBSTRUCTION OF DEFINED No foreign fishing vessel shall be allowed entry
MIGRATION PATHS without providing at least twenty-four (24)-hour
Sectwn 114 R.A. 8550 prior notice. When a foreign fishing vessel is
granted entry, failure to provide a catch report
It shall be unlawful for any person to obstruct shall be deemed unlawful. It is likewise unlawful
any defined migration path of anadromous, for any person to fail to comply with other rules
catadromous, and other migratory species. on port state measures promulgated by the
Department of Agriculture in coordination with
MieratorySorries port state authorities.

Any fishery species which in the course of their Failure to comply with the 24-hour period may
life could travel from freshwater to marine result in denial of permission to enter or use of
water or vice versa. or any marine species which port facilities and the vessel may be subject to
travel over great distances in waters of the onboard inspection and/or impoundment.
ocean as part of their behavioral adaptation for
survival and speciation: NONCOMPLIANCE WITH VESSEL
MONITORING MEASURES
1. Anadromous species - marine fishes which Sectwn 119, R.A. 8550
migrate to freshwater areas to spawn;
No municipal, commercial, or distant water
2. Catadromous species - freshwater fishes fishing vessel shall engage in fishing activity
which migrate to marine areas to spawn. without complying with the vessel monitoring
(Sec. 4, R.A. 8550)

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measures promulgated by the Department of


Agriculture in coordination with the LGUs.
ANTI-FENCING LAW
Provided, That for vessels operating in Philippine P.D.1612
waters, only the catcher vessel shall be covered
by this requirement. It is also unlawful to
intentionally tamper with, switch off or disable FencineC2013 2014RABl
the vessel monitoring system.
The act of any person who, with intent to gain
POSSESSING, DEALING IN OR DISPOSING for himself or for another, shall buy, receive,
ILLEGALLY CAUGHT OR TAKEN FISH possess, keep, acquire, conceal, sell or dispose of,
Se,·twn 1Z6 R.A. 8550 or shall buy and sell, or in any other manner deal
in any article, item, object or anything of value
It shall be unlawful to ship, commercially which he knows, or should be known to him, to
transport, offer for sale, sell, import. export, or have been derived from the proceeds of the
have custody, control, or possession of, or to crime of robbery or theft. (Sec. 2(a), P.D. 1612)
deal in or in any manner dispose of any fish or
species caught, taken or retained in violation of NOTE: To be liable for fencing, the offender buys
R.A. 8550 as amended by R.A.10654. or otherwise acquires and then sells or disposes
of any object of value which he knows or should
NOTE: The discovery of any fish or species be known to him to have been derived from the
caught with the use of explosives or noxious or proceeds of the crime of robbery or theft. (Caoili
poisonous substances shall constitute a pr;ma v. CA, G.R. No. 128369, December 22, 1997)
{ocie presumption that the possessor, seller, fish
dealer, transporter, importer, or exporter Nan,ce nfthe crime offenrine
thereof has knowledge that the fish or species
was caught or taken in violation of R.A. 8550 as Fencing is a crime involving moral turpitude.
amended by RA. 10654. Actual knowledge of the fact that the property
received is stolen displays the same degree of
UNAUTHORIZED DISCLOSURE OF SENSITIVE malicious deprivation of one's rightful property
TECHNICAL INFORMATION as that which animated the robbery or theft
Se,·twn 1Z7, R.A. 8550 which by their very nature, are crimes of moral
turpitude. (Delo Torre v. COMELEC, G.R. No.
Data from the vessel monitoring system or 121592,July 5, 1996)
vessel monitoring measure and other related
data arising therefrom shall be considered as .Et.IW:.
sensitive technical information. Any
unauthorized disclosure of said data by any It includes any person, firm, association,
person will be penalized. corporation or partnership or other organization
who/which commits the att of fencing. (Sec.
OTHER VIOLATIONS 2(b), P.D. 1612)
Se,·twn lZB, R.A. 8550
Offirecs of iuridiral necsons are liable nuder
Violation of Fishery Administrative Orders thislaw
and Regulations
If the fence is a partnership, firm. corporation or
In addition to the prohibitions under R.A. 8550 association, the president or the manager or any
as amended by RA. 10654, the Department of of any officers thereof who knows or should
Agriculture, in consultation with the LGUs, local have known the commission of the offense shall
Fisheries and Aquatic Resources Management be liable. (Sec. 4, P.D.1612)
Councils (FARMCs) and National Fisheries and
Aquatic Resources Management Council Elements
(NFARMC), shall issue fishery administrative
orders or regulations for the conservation, 1. A robbery or theft has been committed;
preservation, management and sustainable (1990, 1992, 1995, 2009, 2010 BAR)
development of fisheries and aquatic resources. 2. The accused, who took no part in the
robbery or theft, "buys. receives. possesses,
keeps, acquires, conceals. sells or disposes,

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CRIMINAL LAW

or buys and sells, or in any manner deals in evidence to the defense. Burden of proof is upon
any article or object taken• during that the fence to overcome the presumption.
robbery or theft;
3. The accused knows or should have known Clearance/Permit to Sell/Use Second Hand
that the thing is derived from that crime; Articles
and (1998 BAR)
4. He intends by the deal he makes to gain for All stores, establishments or entities dealing in
himself or for another. (Dimat v. People, G.R. the buy and sell of any good, article item, object
No. 181184,Jonuo,y 25, 2012) or anything of value obtained from an
unlicensed dealer or supplier thereof, shall
Fencing under P.O. 1612 is a distinct crime from before offering the same for sale to the public,
theft and robbery. secure the necessary clearance or permit from
the station commander of the Integrated
Eendne vis-A-viS Bnhhecxand Theft National Police in the town or city where such
store, establishment or entity is located.
The Jaw on fencing does not require the accused
to have participated in the criminal design to The Chief of Constabulary/Director General,
commit, or to have been in any wise involved in Integrated National Police shall promulgate such
the commission of, the crime of robbery or theft. rules and regulations to carry out the provisions
Neither is the crime of robbery or theft made to of this section. Any person who fails to secure
depend on an act of fencing in order that it can the clearance or permit required by this section
be consummated. (People v. Hon. De Guzman, G.R. or who violates any of the provisions of the rules
No. 77368, October 5, 1993) and regulations promulgated thereunder shall
upon conviction be punished as a fence. (Sec. 6,
Eendne is notacontinnine offense P.D. 1612)

Fencing is not a continuing offense. Jurisdiction Q: Arlene i s engaged in the buy and sell of
is with the court of the place where the personal used garments, more popularly known as
property subject of the robbery or theft was "ukay-ukay." Among the items found by the
possessed, bought, kept, or dealt with. The place police in a raid of her store in Baguio City
where the theft or robbery was committed is were brand-new Louis Feraud blazers.
inconsequential. (People v. Hon. De Guzman, G.R. Arlene was charged with "fendng." Will the
No. 77368, October 5, 1993) charge prosper? Why or why not? (2010
BAR)
Required proof in the prosecution of anti­
fenfine law A: NO. The charge of "fencing" will not prosper.
For a charge of fencing to prosper, it must first
Presidential Decree 1612 is a special law and, be established that the article subject of the
therefore, its violation is regarded as ma/um alleged "fencing• has been derived from the
prohlbitum, requiring no proof of criminal intent. proceeds of the crime of theft or robbery-a fact
which is wanting in this case.
The prosecution must prove that the offender
knew or should have known that the subject of It should be noted that the suspett is engaged in
the offense he acquired and later sold was the buy and sell of used garments, which are in
derived from theft or robbery and that he the nature of personal property.
intended to obtain some gain out of his acts.
(Di mot v. People, ibid.) In civil law, possession of personal or movable
property carries with it a pr;ma fade
Presumotion nffencine presumption of ownership. The presumption of
"fencingN arises only when the article or item
Mere possession of any good, article, item, involved is the subject of a robbery or thievery.
object. or anything of value which has been the (Sec. 5, P.D.1612)
subject of robbery or thievery shall be primo
focie evidence of fencing.

NOTE: The presumption does not offend the


presumption of innocence enshrined in the
fundamental Jaw. It only shifted the burden of

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does not have sufficient funds in or credit


with the drawee bank for the payment of
BOUNCING CHECKS LAW such check in full upon its presentment; and
B.P.22 4. At the time the check was presented for
payment at due date, the same was
dishonoured for insufficiency of funds or
JJIUli credit or would have been dishonoured for
the same reason had not the drawer,
A bill of exchange drawn on a bank payable on without any valid reason, ordered the bank
demand. (Sec. 18S, Act No. 2031) to stop payment.

Q: Does B.P.22 cover manager's check? NOTE: Knowledge of insufficiency of funds is a


state of mind, hence, the hardest element to
A: NO. B.P. 22 does not cover manager's check prove.
bee.ause of its peculiar character and general use
in the commercial world. It is as good as the Elements fnr violation ofRP 22 Coar 21
money it represents and is therefore deemed as
cash. (Festin, pp. 14S) 1. That a person has sufficient funds in or
credit with the drawee bank when he makes
PERSONS LIABLE (2013,2014 BAR) or draws and issues a check;
2. That he fails to keep sufficient funds or to
1. Any person who makes or draws and issues maintain a credit to cover the full amount of
any check to apply on account or for value, the check if presented within a period of 90
knowing at the time of issue that he does not days from the date appearing thereon; and
have sufficient funds in or credit with the 3. That the check is dishonored by the drawee
drawee bank for the payment of such check bank.
in full upon its presentment, which check is
subsequently dishonored by the drawee Q: A and B agreed to meet at the latter's
bank for insufficiency of funds or credit or house to discuss B's financial problems. On
would have been dishonored for the same his way, one of A's car tires blew up.Before A
reason had not the drawer. without any left the meeting, he asked B to lend him
valid reason, ordered the bank to stop money to buy a new spare tire. B had
payment; (Sec. 1, par. 1, B.P. 22) temporarily exhausted his bank deposits
leaving a zero balance. Antidpating, however
2. Any person who, having sufficient funds in a replenishment of his account soon, B,
or credit with the drawee bank when he issued a postdated check with which A
makes or draws and issues a check. shall fail negotiated for the new tire.
to keep sufficient funds or to maintain a
credit to cover the full amount of the check if When presented, the check bounced for lack
presented within a period of 90 days from of funds. The tire company filed a criminal
the date appearing thereon, for which case against A and B. What would be the
reason it is dishonored by the drawee bank. criminal liability, if any, of each of the two
(Sec. 1, par. 2, B.P. 22) accused? Explain.

NOTE: Where the check is drawn by a A: A, who negotiated the unfunded check ofB in
corporation, company, or entity. the person buying a new tire for his car, may only be
or persons who actually signed the check in prosecuted for est.afa if he was aware at the time
behalf of such drawer shall be liable under of such negotiation that the check has no
this AcL (Sec.1, par. 3, B.P. 22) sufficient funds in the drawee bank; otherwise,
he is not criminally liable.
Elements for violation of B.P.22 Cpar.11
B, who accommodated A with his check, may
1. That a person makes or draws and issues nevertheless be prosecuted under B.P. 22 for
any check; having issued the check, knowing at the time of
2. The check is drawn or issued to apply on issuance that he has no funds in the bank and
account or for a vaJuable consideration; that A will negotiate it to buy a new tire, i.e. for
3. The person who makes or draws and issues value. B may not be prosecuted for estafa
the check knows at the time of issue that he because the fat-ts indicate that he is not actuated

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CRIMINAL LAW

by intent to defraud in issuing the check check, that he did not have sufficient funds or
negotiated. Obviously, B issued the postdated credit with the drawee bank for the payment of
check only to help A Criminal intent or dolo is such check in full upon its presentment.
absent.
This knowledge of insufficiency of funds or
Effea when the check was ocesented fnr credit at the time of the issuance of the check is
oavment on the Q6t11 davafter itsdue dare the second element of the offense. In as much as
this element involves a state of mind of the
If the payee presented the check and it bounced, person making, drawing or issuing the check,
even if the payee sends a written notice of which is difficult to prove, Sec. 2 of B.P. 22
dishonor to the drawer, the payee would not be creates a prima facie presumption of such
entitled to a presumption that the drawer had knowledge.
knowledge that he has no funds when the check
was issued. Under Sec. 2 of B.P. 22, the said For this presumption to arise, the prosecution
presumption can only be utilized during the 90· must prove the following: (a) the check is
day period. presented within ninety (90) days from the date
of the check; (b) the drawer or maker of the
Sroleo check cannot rive risetnavinlatlnn of check receives notice that such check has not
B.P.22 been paid by the drawee; and (c) the drawer or
maker of the check fails to pay the holder of the
A stolen check cannot give rise to a violation of check the amount due thereon, or make
B.P. 22 because the check is not drawn for a arrangements for payment in full within five (5)
valuable consideration. Such checks were not banking days after receiving notice that such
made to apply to a valid, due, and demandable check has not been paid by the drawee.
obligation. This, in effett, is a categorical ruling
that the fact from which the civil liability of In other words, the presumption is brought into
respondent may arise does not exist (Ching v. existence only after it is proved that the issuer
Nicdaa, GR 141181, April 27, 2007) had received a notice of dishonor and that
within five days from receipt thereof, he failed to
EVIDENCE OF KNOWLEDGE OF pay the amount of the check or to make
INSUFFICIENT FUNDS arrangements for its payment. A notice of
dishonor received by the maker or drawer of the
Necessitv of actual knnwledee Qf check is thus indispensable before a conviction
insuffieiencx offundsinRP 22 can ensue. (Dica v. CA, G.R. Na. 141669, February
28, 2005; Resteria v. People, G.R. No. 177438,
Knowledge of insufficiency of funds or credit in September 24, 2012)
the drawee bank for the payment of a check
upon its presentment is an essential element of NOTE: The presumption or prima facie evidence
the offense. as provided in this section cannot arise, if such
notice of nonpayment by the drawee bank is not
There is a prima facie presumption of the sent to the maker or drawer, or if there is no
existence of this element from the fact of proof as to when such notice was received by the
drawing, issuing or making a check, the payment drawer, since there would simply be no way of
of which was subsequently refused for reckoning the crucial 5-day period. (Lim Laa v.
insufficiency of funds. It is important to stress, CA, G.R. Na. 119178, June 20, 1997; Resterio v.
however, that this is not a conclusive People, G.R. Na.177438, September 24, 2012.
presumption that forecloses or precludes the
presentation of evidence to the contrary. (Lim Josufficieocx of verbal notice nfdiShnoor
Lao v. CA, G.R.Na.119178,June 20, 1997)
Verbal notice of dishonor is NOT sufficient. The
Notice of dishnonr is ao iodiSoensable notice of dishonor must be in writing. A mere
rem,isUe tor orosea,rinn oral notice or demand to pay would be
insufficient for conviction under the law.
To hold a person liable under B.P. 22, the (Marigamen v. People, G.R. No. 153451, May 26,
prosecution must not only establish that a check 2005; Damagsang v. CA, G.R. No. 139292,
was issued and that the same was subsequently December 5, 2000)
dishonored. It must further be shown that
accused knew, at the time of the issuance of the

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If the drawer or maker is an officer of a payment, the same was dishonored for the
corporation, the notice of dishonor to the said reason "Account Closed". She was then
corporation is not notice to the employee or convicted of three counts of violation of B.P.
officer who drew or issued the check for and in 22.
its behalf. It is axiomatic that notice to the
corporation, which has a personality distinct and On appeal, she contended that the
separate from the officer of the corporation, prosecution failed to prove that she received
does not constitute notice to the latter. (Lao v. any notice of dishonor of the subject checks
CA, G.R. No. 119178,June 20, 1997) from the drawee bank. Thus, according to
her, in the absence of such notice, her
Receipt of notice from the drawee bank by conviction under B.P. 22 was not warranted
theoavee for there was no bad faith or fraudulent
intent that may be inferred on her part.
The notice of dishonor may be sent by the
offended party or the drawee bank. (Lim Lao v. May Evangeline be held liable for violation of
CA, G.R. No. 119178, June 20, 1997; Azarcon v. B.P. 22 even in the absence of notice of
People, G.R. No. 185906, June 29, 2010; Resterio v. dishonor?
People, G.R. No.177438, September 24, 2012)
A: NO. In order to create the prima facie
Probative value of the unpaid or presumption that the issuer knew of the
,1i�hnnn11r1>cl rh1>rk with sramoed insufficiency of funds, it must be shown that he
inCOcmatlon "'re· refusalmnax" or she received a notice of dishonor and within
five banking days thereafter, failed to satisfy the
Such is prima facie evidence of: amount of the check or arrange for its payment.
It is only then that the drawer may be held liable
1. The making or issuance of the check; for violation of the subject law.
2. The due presentment to the drawee for
payment and the dishonour thereof; and In order to be punished for the acts committed
3. The fatt that the check was properly under B.P. 22, it is required that not only should
dishonored for the reason stamped on the the accused issue a check that is dishonored but
check (Sec. 3, 8.P. 22) likewise the accused has actually been notified
in writing of the fact of dishonor. (Cabrera v.
Primo foeic evidence of knnwledee of People, G.R. No. 150618,July24, 1989)
insufficientfunds
Dishonor of the check due to a stop payment
GR: There is a prima facie evidence of .ai:w:.
knowledge of insufficient funds when the check
was presented within 90 days from the date Under Sec. 1, Par. 1 of B.P. 22, it is implied that
appearing on the check and was dishonored. when the stop payment order is with a valid
reason, there can be no violation ofB.P. 22.
XPNs:
NOTE: Notwithstanding receipt of an order to
1. When the check was presented after 90 days stop payment, the drawee shall state in the
from date; notice that there were no sufficient funds in or
2. When the maker or drawer: credit with such bank for the payment in full of
such check. if such be the fact. (Sec. 3, BP 22)
a. Pays the holder of the check in cash, the
amount due within five banking days Liability of drawer i n cases of checks issued
after receiving notice that such check in navment nfinsrallmenrs
has not been paid by the drawee;
b. Makes arrangements for payment in full When checks are issued in payment of
by the drawee of such check within five installments covered by promissory notes and
banking days after notice of non· said checks bounced, the drawer is liable if the
payment. checks were drawn against insufficient funds,
especially when the drawer, upon signing of the
Q: Evangeline issued checks to accommodate promissory note, closed his account Said check
and to guarantee the obligations of Boni in is still with consideration. (Caram Resources v.
favour of another creditor. When the checks
issued by Evangeline were presented for

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CRIMINAL LAW

Hon. Contreras, AM.No. MTJ-93-849, October 26, merely guarantee an the offender has
1994) obligation. no funds in the
The issuance of a bank or his funds
Liability of a person who issues guarantee check and not the non- deposited therein
checks whifh were dishonored in violation of payment of obligation were not sufficient
rhe ournose nfthe Jaw is punished. to cover the
amount of the
The mere issuance of any kind of check check.
regardless of the intent of the parties, i.e. Violated if check is Not violated if
whether the check is intended merely to serve as issued in payment of a check is issued in
guaranty or deposit, but which check is pre-existing obligation payment of a pre-
subsequently dishonored makes the person who existinJ? obligation
issued the check liable for BP 22. (Lazaro v. CA, Damage not required There must be
eta/., G.R. Na.105461, November 11, 1993) damaoe
Drawer is given 5 Drawer is given 3
Q: Suppose guarantee checks were issued for banking days to make days to make
the lease of certain equipment but later their arrangements of arrangements of
equipment was pulled out. Is the drawer payment after receipt payment after
liable? of notice of dishonour receipt of notice of
dishonour
A: NO. In the case of Magno v. CA, G.R. No. 96132,
June 26, 1992, the accused issued a check of Recovery from civil action arising from 8.P.
warranty deposit for lease of certain equipment. 22 ncedudes recovery tcom corcesnondine
Civil action arisine from escoc«
Even knowing that he has no funds or
insufficient funds in the bank, he does not incur Double recovery is not allowed by the Jaw.
any liability under B.P. 22, if the lessor of the Settled is the rule that the single act of issuing a
equipment pulled out the loaned equipment. The bouncing check may give rise to two distinct
drawer has no obligation to make good the criminal offenses: estafo and violation ofB.P. 22.
check because there is no more deposit or
guaranty. However, the recovery of the single civil liability
arising from the single act of issuing a bouncing
Violation ofRP 22 in case ofacheck dcawn check in either criminal case bars the recovery of
aeainstadollaraccount the same civil liability in the other criminal
action. While the law allows two simulataneous
The Jaw does not distinguish the currency civil remedies for the offended party, it
involved underB.P. 22. Foreign checks, provided authorizes recovery in only one. In short, while
they are either drawn or issued in the two crimes arise from a single set of facts, only
Philippines, though payable outside thereof, are one civil liability attaches to it (Rodriguez v. Hon.
within the coverage of said law. (De Vi/lo v. CA, Ponferrodo, G.R. Nos. 155531-34, July 29, 2005)
G.R. No. 87416, April 8, 1991)
PREFERENCE OF IMPOSITION OF FINE
Violation ofRP 22 vis-ta-vis Bsrafq
Penaltv that the iudee max imaose for
VIOLATION OF
ESTAFA
xiolatlon ofRP 22
B.P. 22
Malum □rohibitum Malum in se SC-AC No. 12-2000, as clarified by SC-AC No. 13-
2001, established a rule on preference in
Crime against public Crime against
imposing the penalties. When the circumstances
interest property
of the case clearly indicate good faith or clear
Deceit not required Deceit is an
mistake of fact without taint of negligence, the
element
imposition of fine alone may be considered as
Punishes the making The act
the preferred penalty. The determination of the
or drawing of any constituting the
circumstances that warrant the imposition of
check that is offense is
fine rests upon the trial judge only. Should the
subsequently postdating or
judge deem that imprisonment is appropriate,
dishonoured, whether issuing a check in
such penalty may be imposed.
issued in payment of payment of an
an obli•ation or to oblioation when

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Reine a first time offender iS not the sole ElementsCEEMJ


ractnr fnr the oreferential nenaltx of fine
al.l2w:. 1. E,tafa or other forms of swindling as
defined in Arts. 315 and 316 of the Revised
This circumstance is not the sole factor in Penal Code is committed;
determining whether he deserves the preferred 2. The estafa or swindling is committed by a
penalty of fine alone. The penalty to be imposed syndicate of.five (5) or more persons; and
depends on the peculiar circumstances of each 3. Defraudation results in the
case. It is the trial court's decision to impose any misappropriation of moneys contributed by
penalty within the confines of the law. (SC-AC No. stockholders, or members of rural banks,
13-2001) cooperatives, "samahang nayan(s),' or
farmers' associations, or of funds solicited
NOTE: In Administrative Circular No. 12-2000, by corporations/associations from the
the SC modified the sentence imposed for general public. (People v. Timbayan and
violation of B.P. 22 by deleting the penalty of Puerta, G.R. No. 209655-60,January 14, 2015)
imprisonment and imposing only the penalty of
fine in an amount double the amount of the Syndicate; When Considered [5-ln-Fo)
check. However, by virtue of the passage of
Administrative Circular No. 13-2001, the SC 1. Purported swindlers must at least be fj3'C,
explained that the clear tenor of Administrative (5) in number;
Circular No. 12-2000 is not to remove 2. They must have Jll.rmed or managed a rural
imprisonment as an alternative penalty but to bank, cooperative, "samahang nayon,"
lay down a rule of preference in the application farmer's association or any other
of the penalties provided for in B.P. 22. (Vaca v. corporation or association that solicits funds
CA, G.R. Na. 131714, November 16, 1998; Lim v. from the general public; or
People, G.R. No. 130038, September 18, 2000) 3. They formed or managed such association
with the jntention of carrying out an
Prescrintlxe oerind fnr violation ofRP 22 unlawful or illegal act, transaction,
enterprise, or scheme. (Remo v. Secretary af
Since BP Big. 22 is a special law that imposes a Justice, G.R. No. 192925, December 9, 2016)
penalty of imprisonment of not less than thirty
(30) days but not more than one (1) year or by a PENALTY
fine for its violation, it therefor prescribes in
four (4) years in accordance with the Act No. Any person or persons who shall commit estafa
3326. The running of the prescriptive period, or other forms of swindling as defined in Arts.
however, should be tolled upon the institution of 315 and 316 of the Revised Penal Code, as
proceedings against the guilty person. (People v. amended, shall be punished by life
Pangilinan, G.R. No. 152662,June 13, 2012) imprisonment to death if the swindling
(estafa) is committed by a syndicate consisting
NOTE: Commencement of the proceedings for of five or more persons formed with the
the prosecution of the accused before the Office intention of carrying out the unlawful or illegal
of the City Prosecutor effectively interrupts the act. transaction, enterprise or scheme, and the
prescriptive period for the offenses under B.P defraudation results in the misappropriation of
22. (People v. Pangilinan, ibid) moneys contributed by stockholders, or
members of rural banks, cooperatives,
"samahang nayon(s)," or farmers' associations,
SWINDLING BY SYNDICATE - INCREASING or of funds solicited by
THE PENALTY FOR CERTAIN FORMS OF corporations/associations from the general
SWINDLING OR ESTAFA public.
P.D.1689
When not committed by a syndicate as above
defined, the penalty imposable shall be
A special law enacted for the specific purpose of reclusion temporal to reclusion perpetua if the
defining syndicated estafa and imposing a amount of the fraud exceeds 100,000 pesos. (Sec.
specific penalty for the commission of the said 1, P.O. No. 1689)
offense; no manifest intent to repeal or alter the
penalty for syndicated estafa. (People v. Mateo, Q: The president, treasurer, and secretary of
G.R. No. 210612, October 9, 2017) ABC Corporation were charged with

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CRIMINAL LAW

syndicated estafa under the following A person who is to be engaged, is engaged, or


information: has been engaged in an remunerated activity in a
state of which he or she is not a legal resident.
That on or about the 1" week of January
2010, the above-named accused, conspired It is to be used interchangeably with Overseas
with one another to defraud Virna, Lana, Filipino Worker (OFW).
Deborah, and several other persons by
falsely or fraudulently pretending or DEPLOYMENT OF MIGRANT WORKERS
representing a transaction or series of
transactions. The accused made it appear The State shall deploy overseas Filipino workers
that they were in a legitimate business of only in countries where the rights of Filipino
foreign exchange trading successively or migrant workers are protected.
simultaneously operating under the name
and style of ABC Corporation and DEF Guaranrees on Deolnvment CR-E-Sl
Management Philippines. The said
corporations are not licensed nor authorized
1. The receiving country has £)<isling labor
to engage in foreign exchange trading. They and sodal Jaws protecting the rights of
induced and succeeded in indudng
migrant workers;
complainants and several other persons to
2. It is a .s,ignatory to multilateral
give and deliver the amount of at least
conventions, declaration or resolutions
P 20,000,000. Will the case for syndicated
relating to the protection of migrant
estafa prosper? Explain. (2010 BAR)
workers; and
3. It has concluded a !!)lateral agreement or
A: NO. A case for syndicated estafa will not
arrangement with the government
prosper because a syndicate for such crime
protecting the rights of overseas Filipino
under P.O. 1689 must be comprised of five (5) or
workers.
more persons committing the estafa or other
forms of swindling defined in Arts. 315 and 316
of the Revised Penal Code; whereas the case NOTE: Provided, That the receiving country
given involved only three (3) accused who are is taking positive, concrete measures to
alleged to have conspired in the commission of protect the rights of migrant workers in
the swindling. But because the amount furtherance of any of the aforementioned
defrauded exceeds Pl00,000, the case is still guarantees. (Sec. 4, R.A. 8042 os amended by
under the same P.O. 1689 with a lower penalty RA 10022)
than syndicated estafa.
Termination or Ban on Deploy-ment

MIGRANT WORKERS AND OVERSEAS The POEA Governing Board, after consultation
FILIPINOS ACT OF 1995 with the Department of Foreign Affairs, at any
RA. 8042, AS AMENDED BY RA. 10022 time, may terminate or impose a ban on the
deployment of migrant workers:

1. In pursuit of national interest


POLICY OF THE STATE ON OVERSEAS
EMPLOYMENT 2. When public welfare so requires

ILLEGAL RECRUITMENT
While recognizing the significant contribution of
Filipino migrant workers to the national RPC-CETCHUP
economy through their foreign exchange
Illegal recruitment consists of any of the
remittances, the State does not promote
overseas employment as a means to sustain following act. whether for profit or not, when
undertaken by a non-license or non-holder of
economic growth and achieve national
authority:
development. (Sec. 2(c), RA 8042, as amended
by R.A. 10022)
1. Referring;
MIGRANT WORKER 2. E,rocuring workers;
3. .C,anvassing;
4. .C,ontracting;
5. Enlisting;
6. I,ransporting;

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7. ,Contract services; Elements CN-B-AGAINSI 3)·


8. Hiring;
9. lltilizing; 1. The offender has 110 valid license or
10. .E,romising or advertising for authority to enable him to lawfully engage
employment abroad. in recruitment and placement of workers;
2. He undertakes any of the activities within
NOTE: Whether for profit or not, when the meaning of "i:,ecruitment and
undertaken by a non-license or non-holder of placement" under Article 13 (b) of the
authority. Labor Code or any prohibited practices
enumerated under Article 34 of the Labor
Such non-license or non-holder, who, in any Code (now Section 6 ofR.A. 8042); and
manner, offers or promises for a fee employment 3. He commits the same aeaiost three (3) or
abroad to two or more persons shall be deemed more persons, individually or as a group.
so engaged. (Sec. 6, R.A 8042, as amended by R.A (People v. Somera, G.R. No. 227505, October
10022) 2, 2017)

ECONOMIC SABOTAGE PRESCRIPTIVE PERIODS

Illegal recruitment when committed by a Illegal recruitment shall prescribe in 5 years.


syndicate or in large scale shall be considered an However, illegal recruitment cases involving
offense involving economic sabotage. (People v. economic sabotage shall prescribe in 20 years.
Somera, G.R. No. 227505, October 2, 2017) (Sec. 12, R.A. 8042 as amended by R.A. 10022)

Illegal Recruitment by Syndicate PROHIBITED ACTS

When carried out by a group of three (3) or 1. To charge or accept directly or indirectly
more persons conspiring or confederating with any amount greater than that specified
one another. in the schedule of allowable fees
prescribed by the Secretary of Labor and
Elements [NoR-By-31 Employment, or to make a worker pay or
acknowledge any amount greater than that
1. The offender has .I1J2 valid license or actually received by him as a loan or
authority required by law to engage in advance;
recruitment and placement of workers; 2. To furnish or publish any false notice or
2. The offender undertakes any of the information or document in relation to
"recruitment and placement" activities recruitment or employment;
defined in Article 13(b) of the Labor Code, 3. To give any false notice, testimony,
or engages in any of the prohibited information or document or commit any act
practices enumerated under now Section 6 of misrepresentation for the purpose of
of R.A. 8042; and securing a license or authority under the
3. The illegal recruitment is carried out .bx a Labor Code, or for the purpose of
group of three (3) or more persons documenting hired workers with the POEA;
conspiring and/or confederating with one 4. To induce or attempt to induce a worker
another in carrying out any unlawful or already employed to quit his
illegal transaction, enterprise or scheme. employment in order to offer him
(People v. Sison, G.R. No. 187160, August 9, another
2017)
XPN: the transfer is designed to liberate
NOTE: It is not essential that there be actual a worker from oppressive terms and
proof that all the conspirators took a direct part conditions of employment;
in every act. It is sufficient that they acted in
concert pursuant to the same objective. (People 5. To influence or attempt to influence any
v. Sison, G.R. No. 187160, August 9, 2017) person or entity not to employ any
worker who has not applied for
HleealRern,itment in 1.aree Scale employment through his agency;
6. To engage in the recruitment or
When committed against three (3) or more placement of workers in jobs harmful to
persons individually or as a group.

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public health or morality or to the dignity 4. Imposing a compulsory and exclusive


of the Republic of the Philippines; arrangement whereby an overseas Filipino
7. To fail to submit reports on the status of worker is required to undergo health
employment, placement vacancies, examinations only from specifically
remittance of foreign exchange earnings, designated medical clinics, institutions,
separation from jobs, departures and such entities or persons;
other matters or information as may be
required by the Secretary of Labor and XPN: Medical examination cost is
Employment; shouldered by the principal/shipowner.
8. To substitute or alter to the prejudice of
the worker, employment contracts 5. Imposing a compulsory and exclusive
approved and verified by the Department of arrangement whereby an overseas Filipino
Labor and Employment without the worker is required to undergo training.
approval of the Department of Labor and seminar, instruction or schooling of any
Employment; kind only from specifically designated
9. For an officer or agent of a recruibnent institutions, entities or persons.
or placement agency to become an
officer or member of the Board of any XPN: for recommendatory trainings
corporation engaged in travel agency or mandated by principals/shipowners
to be engaged direttly or indirectly in the where the latter shoulder the cost of
management of travel agency; such trainings.
10. To withhold or deny travel documents
from applicant workers before 6. For a suspended recruibnent/manning
departure for monetary or financfal agency to engage in any kind of
considerations; recruibnent activity including the
11. Failure to actually deploy a contracted processing of pending workers'
worker without valid reason; applications; and
12. Failure to reimburse expenses incurred 7. For a recruitment/manning agency or a
by the worker in connection with his foreign principal/employer to pass on the
documentation and processing for overseas Filipino worker or deduct from
purposes of deployment, in cases where the his or her salary the payment of the cost
deployment does not actually take place of insurance fees, premium or other
without the worker's fault; and insurance related charges, as provided
13. To allow a non-Filipino citizen to head or under the compulsory worker's insurance
manage a licensed recruitment/manning coverage. (Sec. S, R.A. 10022)
agency. (Sec. 6, R.A. 8042 as amended by R.A.
10022) PROHIBITION ON
OFFICIALS AND EMPLOYEES
PROHIBITED PRACTICES
It shall be unlawful for any official or employee,
1. Granting a Joan to an overseas Filipino and their relatives within the fourth civil degree
worker with interest exceeding 8% per of consanguinity or affinity, to engage, directly
annum, which will be used for payment of or indirectly, in the business of recruiting
legal and allowable placement fees and migrant workers. (Sec. 8, R.A. 8042 as amended
make the migrant worker issue, either by R.A. 10022)
personally or through a guarantor or
accommodation party, postdated checks in 1. Department of Labor and Employment
relation to the said loan; 2. Philippine Overseas Employment
2. Imposing a compulsory and exclusive Administration
arrangement whereby an overseas Filipino 3. Overseas Workers Welfare Administration
worker is required to avail of a Joan only 4. Department of Foreign Affairs
from specifically designated institutions, 5. Other government agencies involved in the
entities or persons; implementation of this Act
3. Refusing to condone or renegotiate a
loan incurred by an overseas Filipino VENUE
worker after the latter's employment
contract has been prematurely terminated A criminal action arising from illegal recruitment
through no fault of his or her own; shall be filed with the Regional Trial Court:

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1. Of the province or city where the shall be incorporated in the contract for
offense was committed; or overseas employment and shall be a condition
2. Where the offended party actually precedent for its approval. Such liabilities shall
resides at the same time of the continue during the entire period or duration of
commission of the offense. (Sec. 9, R.A. the employment contract and shall not be
8042, os amended by RA 10022) affected by any substitution, amendment or
modification made locally or in a foreign country
MONEY CLAIMS of the said contract.

Labor Arbiters of the NLRC shall have the Q: A was an able seaman contracted by ABC
original and exclusive jurisdiction to hear and Recruitment Agency for its foreign principal,
decide, within 90 calendar days after the filing of Seaworthy Shipping Company (SSC). His
the complaint, the claims arising out of an employment contract provided that he would
employer-employee relationship or by virtue of serve on board the Almieda II for eight (8)
any law or contract involving Filipino workers months with a monthly salary of US$450.
for overseas deployment including claims for
actual, moral, exemplary and other forms of In connection with his employment, he
damage. signed an undertaking to observe the drug
and alcohol policy which bans possession or
The liability of the principal/employer and the use of all alcoholic beverages, prohibited
recruitment/placement agency for any and all substances and unprescribed drugs on board
claims under this section shall be joint and the ship. The undertaking provided that: (1)
several. (Sec. 10, RA 8042) disciplinary action including dismissal would
be taken against anyone in possession of the
Waees ro he recovered hv an meeallv prohibited substances or who is impaired by
diSmissed OverseasFilioioo Worker the use of any of these substances, and (2) to
enforce the policy, random test sampling
Section 10 of R.A. 8042 states that overseas would be done on all those on board the ship.
workers who were terminated from
employment without just. valid, or authorized On his third month of service while the
cause shall be entitled to the full reimbursement Almieda II was docked at a foreign port, a
of his placement fee with interest of 12% per random drug test was conducted on all
annum, plus his salaries for the unexpired members of the crew and A tested positive
portion of his employment contract or for 3 for marijuana. He was given a copy of the
months for every year of the unexpired term, drug test result. In compliance with the
whichever is less. (Sameer Overseas Placement company's directive, he submitted his
Agency, Inc. v. Cabiles, G.R. No. 170139, August 5, written explanation which the company did
2014, as penned by/. Leonen) not find satisfactory.

Q: Andrew Manning Agency (AMA) recruited A month later, he was repatriated to the
Feliciano for employment by lnvictus Philippines. Upon arrival in the Philippines,
Shipping, its foreign principal. Meantime, A filed with the National Labor Relations
AMA and Invictus Shipping terminated their Commission (NLRC) a complaint against the
agency agreement. Upon his repatriation agency and the principal for illegal dismissal
following his premature termination, with a claim for salaries for the unexpired
Feliciano claimed from AMA and lnvictus portion of his contract. Is his claim for
Shipping the payment of his salaries and salaries for the unexpired portion of his
benefits for the unserved portion of the contract tenable? Explain. (2010 BAR)
contract. AMA denied liability on the ground
that it no longer had any agency agreement A: YES. Section 10 of R.A. No. 8042 (as amended
with lnvictus Shipping. Is AMA correct? by R.A No. 10022) provides that in case of
Explain your answer. (2017 BAR) termination of overseas employment without
just. valid or authorized cause as defined by law
A: NO. AMA is not correct. Section 10 of Republic or contract, or any unauthorized deductions
Act 10022 provides that the liability of the from the migrant worker's salary, the worker
principal/employer and the shall be entitled to the full reimbursement of his
recruitment/placement agency for any and all placement fee with interest at 12% per annum�
claims shall be joint and several. This provision plus his salaries for the unexpired portion of his

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CRIMINAL LAW

employment contract or for 3 years for every 4. Establishment of Re-Placement and


year of the unexpired term, whichever is less. Monitoring Center
(Serrano v. Got/ant Maritime, G.R. No. 167614,
March 24, 2009) A replacement and monitoring center is
created in the Department of Labor and
SERVICES Employment for returning Filipino migrant
workers which shall provide a mechanism
1. Travel Advisory/Information for their reintegration into the Philippine
Dissemination society. serve as a promotion house for their
local employment, and tap their skills and
To give utmost priority to the establishment potentials for national development (Sec. 17,
of programs and services to prevent illegal R.A 8042, as amended by R.A. 10022)
recruitment. fraud, and exploitation or abuse
of Filipino migrant workers, all embassies 5. Establishment of a Migrant Workers and
and consular offices, through the POEA, shall other Overseas Filipinos Resource Center
issue travel advisories or disseminate
information on labor and employment Within the premises and under the
conditions, migration realities and other administrative jurisdiction of the Philippine
facts. (Sec. 14, R.A. 8042, as amended by R.A. Embassy in countries where there are large
10022) concentrations of Filipino migrant workers,
there shall be established a Migrant Workers
2. Repatriation of Workers and Other Overseas Filipinos Resource
Center. (Sec. 19, R.A 8042, as amended by R.A.
The repatriation of the worker and the 10022)
transport of his personal belongings shall be
the primary responsibility of the agency
which recruited or deployed the worker ANTI-ILLEGAL NUMBERS GAMES LAW -
overseas. Likewise, the repatriation of INCREASING THE PENALTIES FOR
remains and transport of the personal ILLEGAL NUMBERS GAME
belongings of a deceased worker and all costs P.O. 1602, AS AMENDED BY R.A. 9287
attendant thereto shall be borne by the
principal and/or local agency.
GAMBLING
XPN: In cases where the termination of
employment is due solely to the fault of the Any game or scheme, whether upon chance or
worker skill, wherein wagers consisting of money,
articles, or value, or representative of value are
OWWA, in coordination with appropriate at stake or made. (Reyes, 2017)
international agencies, shall undertake the
repatriation of workers in cases of war. It is committed by:
epidemic, disasters or calamities, without
prejudice to reimbursement by the 1. Any person, directly or indirettly, taking
responsible principal or agency. (Sec. 15, R.A part in any illegal or unauthorized activities
8042, as amended by R.A 10022) or games of -

3. Mandatory Repatriation of Underage a. Cockfighting, jueteng, jai alai, or


Migrant Workers horse racing to include bookie
operations and game fixing,
Upon discovery or being infonned of the numbers, bingo and other forms of
presence of migrant workers whose actual lotteries;
ages fall below the minimum age b. Cara y cruz, pompiang, and the like;
requirement for overseas deployment, the c. 7·11 and any game using dice;
responsible officers in the foreign service d. Black jack. lucky nine, poker and its
shall without delay repatriate said workers derivatives, monte, baccarat,
and advise the Department of Foreign Affairs cuajao, pangguingue_. and other
through the fastest means of communication card games;
available. (Sec. 16, R.A 8042, as amended by
R.A 10022)

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e. Paik que, high and low, mahjong, persons enumerated under Sec. l(a) of P.D.
domino, and other games using 1602
plastic tiles and the likes; 2. Pn'sion correccional in its maximum period
f. Slot machines, roulette, pinball, and OR a fine of Php 6,000 · imposed upon the
other mechanical contraptions and maintainer or conductor
devices; 3. Pn'sion mayor in its medium period with
g. Dog racing, boat racing, car racing, temporary absolute disqualification OR a
and other forms of races; fine of Php 6,000 · imposed if the
h. Basketball, boxing, volleyball, maintainer, conductor or banker of said
bowling, ping pong, and other gambling schemes is a government official,
forms of individual or team or where such government official is the
contests to include game fixing, player, promoter. referee, umpire, judge or
point shaving, and other coach in case of game fixing, point shaving
machinations; and machination
i. Banking or percentage game, or 4. Pn'sion correccional in its medium period or
any other game or scheme, a fine ranging from Php 400 - Php 2,000 ·
whether upon chance or skill, imposed upon any person who shall,
wherein wagers consisting of knowingly and without lawful purpose in
money, articles of value, or any hour of any day, possess any lottery list,
representative of value are at stake paper or other matter containing letters,
or made. figures, signs or symbols pertaining to or in
any manner used in the games of jueteng,
2. Any person who knowingly permits any jai-alai or horse racing bookies, and similar
form of gambling to be carried on in games of lotteries and numbers which have
inhabited or uninhabited place or in any taken place or about to take place
building, vessel, or other means of 5. Temporary absolute disqualifications
transportation owned or controlled by him. imposed upon any barangay official who,
If the place where gambling is carried on has with knowledge of the existence of a
a reputation of a gambling place or that gambling house or place in his jurisdiction
prohibited gambling is frequently carried on fails to abate the same or take action in
therein, or the place is a public or connection therewith
government building or barangay hall, the 6. Prision correccional in its maximum period
malefactor shall be punished by prision or a fine ranging from Php 500 - Php 2,000
correccional in its maximum period and a imposed upon any security officer, security
fine of six thousand pesos. (Sec. l(a}, P.D. guard, watchman, private or house detective
1602) of hotels, villages, buildings, enclosures and
the like which have the reputation of a
Elements gambling place or where gambling activities
are being held (Sec. 1, P.D.1602)
1. A gambling game was carried on in an
inhabited or uninhabited place or in any Basis of Prohibition Against Gambling
building, vessel, or other means of
transportation; To repress an evil that undermines the social,
2. The place, building, vessel, or other means of moral, and economic growth of the nation.
transportation is owned and controlled by (People v. Punta, C.R. No. 46170, September 20,
the offender; and 1939)
3. The offender permitted the carrying on of
such game, knowing that it is a gambling Gambling is an act beyond the pale of good
game. (Reyes, 2017) morals which, for the welfare of the people,
should be exterminated. It has the effect of
Penalties causing poverty, dishonesty, fraud, and deceit.
Many men have neglected their business and
1. Prison correcclonal in its medium period OR mortgaged their integrity to follow the fickle
a fine ranging from Php 1,000 - 6,000, and Goddess of the cards. Many women have wasted
in case of recidivism� the penalty of prlsion their hours and squandered their substance at
mayor in its medium period or a fine ranging the gambling board while home and children
from Php 5,000 - 10,000 -imposed upon the were forgotten. (U.S. v. Sa/averia, C.R. No. L-
13678, November 12, 1918)

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CRIMINAL LAW

Use of Money i s not an Element in Any and All and perpetual absolute disqualification from
GamesMentioned inPP 1602 public office · if the collector, agent,
coordinator, controller. supervisor,
The purpose of the law was to prohibit maintainer, manager, operator, financier or
absolutely the game of monte in the Philippine capitalist of any illegal numbers game is a
Islands. The mere fact that money was or was government employee and/or public official,
not used in no way constitutes a necessary whether elected or appointed.
element of the game. Any representative of value
or of any valuable consideration or thing used in NOTE: In addition, the accessory penalty of
playing the prohibited game of monte, perpetual disqualification from public office
constitutes a violation of the law. (11.S. v. Rafael, shall be imposed upon any local government
G.R. No. 7380, September 18, 1912) official who, having knowledge of the
existence of the operation of any illegal
Snecratncsare not liable in eamhline numbers game in his/her jurisdiction. fails
to abate or to take action, or tolerates the
A mere bystander or spectator in a gambling same in connection therewith. (Sec. 5, R.A.
game is not criminally liable because he does not 9287}
take part therein, directly or indirectly. The Jaw
does not make the mere presence in a gambling 9. Imprisonment from 6 months and 1 day to 1
house an offense. (U.S. v. Palma, G.R. No. 2188, year OR fine ranging from Php 100,000 ·
May 5, 1905.) 400,000 shall be imposed upon any parent,
guardian or person exerc1smg moral
ILLEGAL NUMBERS GAMES authority or ascendancy over a minor, ward
or incapacitated person, and not othenvise
Any form of illegal gambling attivity which uses falling under any of the foregoing
numbers or combinations thereof as factors in subsec.tions, who induces or causes such
giving out jackpots. (Sec. 2, RA 9287) minor, ward or incapacitated person to
commit any of the offenses punishable in
Penalties this Act.

1. Imprisonment from 30 days to 90 days · if NOTE: Upon conviction, the parent,


the person acts as a bettor; guardian. or person exerc1smg moral
2. Imprisonment from 6 years and 1 day to 8 authority or ascendancy over the minor,
years- ward or incapacitated person shall be
deprived of his/her authority over such
a. If the person acts as a personnel or person in addition to the penalty imposed.
staff of an illegal numbers game (Sec. 6, RA 9287)
operation or
b.Allows his vehicle, house, building or NOTE: In the case of failure to apprehend
land to be used in such operation; perpetrators of any illegal numbers game, any
law enforcer shall suffer an administrative
3. Imprisonment from 8 years and 1 day to 10 penalty of suspension or dismissal, as the case
years · if the person ac.ts as a collector or may be, to be imposed by the appropriate
agent; authority. (Sec. 5, R.A. 9287)
4. Imprisonment from 10 years and 1 day to 12
years · if the person acts as a coordinator, NOTE: The penalty next higher in degree as
controller or supervisor; provided for under Section 3 shall be imposed
5. Imprisonment from 12 years and 1 day to 14 upon a recidivist who commits any of the
years · if the person acts as a maintainer. offenses punishable in this Att. (Sec. 7, R.A. 9287)
manager or operator;
6. Imprisonment from 14 years and 1 day to 16 POSSESSION OF GAMBLING
years · if the person acts as a financier or PARAPHERNALIA OR MATERIALS
capitalist;
7. Imprisonment from 16 years and 1 day to 20 The possession of any gambling paraphernalia
years · if the person acts as protector or and other materials used in the illegal numbers
coddler. (Sec. 3, RA 9287) game operation shall be deemed prima facie
8. Imprisonment of 12 years and 1 day to 20 evidence of any offense covered by this Act. (Sec.
years AND a fine ranging from Php3M · SM 4, RA 9287)

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IMMUNITY FROM PROSECUTION

Any person who serves as a witness for the COMPREHENSIVE LAW ON FIREARMS
government or provides evidence in a criminal AND AMMUNITION
case involving any violation of this Ac.t, or who P.O. 1866, AS AMENDED BY
voluntarily or by virtue of a subpoena RA. 8294 AND R.A. 10591
testificandum or duces tecum, produces,
identifies, or gives testimony shall be immune
from any criminal prosecution, subject to the Srandacdsand reauisires fnr issuance of and
compliance with the provisions of P.O. 1732, ohtainine a license ro own and nossess
otherwise known as Decree Providing Immunity firearms
from Criminal Prosecution to Government
Witnesses and the pertinent provisions of the 1. Applicant must be a Filipino citizen;
Rules of Court. (Sec. 8, R.A 9287) 2. He must be at least 21 years old;
3. Has gainful work. employment, occupation,
PROSECUTION, JUDGMENT AND FORFEITURE or business or has filed an Income Tax
OF PROPERTY Return for the preceding year as proof of
income, profession, business, or occupation;
Confiscated Prooertv or Income shall he in and
Custodia Legis During the Pendency of the 4. He shall submit the following certification
� issued by appropriate authorities attesting
the following:
During the pendency of the case, no property or
income used or derived therefrom which may be a. The applicant has not been convicted of
confiscated and forfeited shall be disposed, any crime involving moral turpitude;
alienated, or transferred and the same shall be in b. The applicant has passed the psychiatric
custodia /egis and no bond shall be admitted for test administered by a PNP·accredited
the release of the same. psychologist or psychiatrist;
c. The applicant has passed the drug test
Eorfein,ce oftheProceeds ofthe Crime condutted by an accredited and
authorized drug testing laboratory or
Upon convittion, all proceeds, gambling clinic;
paraphernalia, and other instruments of the d. The applicant has passed a gun safety
crime including any real or personal property seminar which is administered by the
used in any illegal numbers game operation shall PNP or a registered and authorized gun
be confiscated and forfeited in favor of the State. club;
e. The applicant has filed in writing the
All assets and proeprties of the accused either application to possess a registered
owned or held by him/her in his/her name or in firearm which shall state the personal
the name of another person found to be circumstances of the applicant;
manifestly out of proportion to his/her lawful f. The applicant must present a police
income shall be prima facie presumed to be clearance from the city or municipality
proceeds of the offense and shall likewise be police office; and
confiscated and forfeited in favor of the State.
g. The applicant has not been convicted or
(Sec. 9, R.A 9287) is currently an accused in a pending
criminal case before any court of law for
Any person who, having knowledge or a crime that is punishable with a penalty
information of any offense committed under this of more than 2 years. (Sec. 4, R.A 10591)
Act and who shall disclosed the same which may
lead to the arrest and final conviction of the NOTE: An acquittal or permanent dismissal of a
offender, may be rewarded a certain percentage criminal case before the courts of law shall
of the cash money or articles of value confiscated qualify the accused thereof to qualify and
or forfeited in favor of the government, which acquire a license. (Sec. 4, R.A. 10S91)
shall be determined through a policy guideline
promulgated by the Department of Justice in Cacaine of firearms ontSide of residence or
coordination with the Department of Interior olace ofhuSiness
and Local Government and the National Police
Commission. (Sec.11 R.A 9287)

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CRIMINAL LAW

A permit to carry firearms outside of residence 2. Class-B Light weapons • referring to


shall be issued by the Chief of the PNP or his weapons designed for use by two (2) or
duly authorized representative to any qualified more persons serving as a crew, or rifles and
person whose life is under actuaJ threat or machine guns exceeding caliber 7.62MM
his/her life is in imminent danger due to the such as heavy machine guns, handheld
nature of his/her profession. occupation or under barrel, and mounted grenade
business. The burden is on the applicant to launchers, portable anti-aircraft guns,
prove that his/her life is under actual threat by portable anti·tank guns, recoilless rifles,
submitting a threat assessment certificate portable launchers of anti·tank missile and
from the PNP. (Sec. 7, R.A 10591) rocket systems, portable launchers of anti·
aircraft missile systems, and mortars of a
Professionals that ace conSideced ro he in caliber of Jess than lOOMM. (Sec. 3(t), R.A
imminent danger due to the nature of their 10591)
ocofession oco,oarion or business
NOTE: However, private individuals who
1. Members of the Philippine Bar; already have licenses to possess Class-A light
2. Certified Public Accountants; weapons upon the effectivity of R.A. 10591 shall
3. Accredited Media Practitioners; not be deprived of the privilege to continue
4. Cashiers, Bank Tellers; possessing the same and renewing the licenses
5. Priests, Ministers, Rabbi, Imams; therefor, for the sole reason that these firearms
6. Physicians and Nurses; are Class "A" light weapons.
7. Engineers; and
8. Businessmen, who by the nature of their Types of license
business or undertaking, are exposed to
high risk of being targets of criminal A qualified individual may be issued the
elements. (Sec. 7, R.A 10591) appropriate license under the following
categories:
firearms that max he reeistered
1. Type 1 Ucense - allows a citizen to own and
Only small arms may be registered by licensed possess a maximum of two (2) registered
citizens or licensed juridical entities for firearms;
ownership, possession, and concealed carry. 2. Type 2 license - allows a citizen to own and
possess a maximum of five (5) registered
Small arms firearms;
3. Type 3 license - allows a citizen to own and
Firearms intended primarily designed for possess a maximum of ten (10) registered
individual use or that which is generally firearms;
considered to mean a weapon intended to be 4. Type 4 Ucense - allows a citizen to own and
fired from the hand or shoulder, which are not possess a maximum of fifteen (15)
capable of fully automatic bursts of discharge. registered firearms; and
(Sec. 3(dd), R.A. 10591) 5. Type 5 Ucense - allows a citizen, who is a
certified gun collector, to own and possess
Possession ofUehtweaoon more than fifteen (15) registered firearms.

A light weapon shall be lawfully acquired or For Types 1 to S licenses, a vault or a container
possessed exclusively by the AFP, PNP, and secured by Jock and key or other security
other law enforcement agencies authorized by measures for the safekeeping of firearms shall
the President in the performance of their duties. be required.

Light weapons For Types 3 to 5 licenses, the citizen must


comply with the inspection and bond
1. Class A Light weapons - referring to self· requirements. (Sec. 9, R.A 10591)
loading pistols, rifles, and carbines,
submachine guns, assault rifles, and light Acquisition or purchase and sale of firearms
machine guns not exceeding caliber 7.62MM andammunition
which have fully automatic mode; and
Firearms and ammunition may only be acquired
or purchased from authorized dealers,

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SPECIAL PENAL LAWS

importers, or local manufacturers and may be parts thereof, machinery, tool, or instrument
transferred or sold only from a licensed citizen used or intended to be used in the
or licensed juridical entity to another licensed manufacture of firearms, ammunition, or
citizen or licensed juridical entity. parts thereof. (Sec. 32, R.A. 10S91)
5. Arms smuggling (it refers to the import,
During elettion periods, the sale and registration export. acquisition, saJe, delivery,
of firearms and ammunition and the issuance of movement. or transfer of firearms, their
the corresponding licenses to citizens shall be parts and components, and ammunition,
allowed on the condition that the transport or from or across the territory of one country
delivery thereof shall strittly comply with the to that of another country which has not
issuances, resolutions, rules and regulations been authorized in accordance with
promulgated by the Commission on Elections. domestic law in either or both
(Sec.21, R.A. 10S91) country/countries). (Sec. 33, R.A.10S91)
6. Tampering, obliteration, or alteration of
nearb or disahilitv of the holder ofa firearm firearms identification. (Sec.34, R.A.10S91)
licensee 7. Use of an imitation firearm - This refers to a
replica of a firearm or other device that is so
Upon the death or legal disability of the holder of substantially similar in coloration and
a firearm license, it shall be the duty of his/her overall appearance to an existing firearm as
next of kin, nearest relative, legal representative, to lead a reasonable person to believe that
or other person who shall knowingly come into such imitation firearm is a real firearm. An
possession of such firearm or ammunition, to imitation firearm used in the commission of
deliver the same to the FEO of the PNP or Police a crime shall be considered as a real firearm
Regional Office, and such firearm or ammunition and the person who committed the crime
shall be retained by the police custodian pending shall be punished in accordance with R.A.
the issuance of a license and its registration. 10591 (Sec.35, R.A. 10S91)
(Sec.26, R.A.10S91) 8. Violating the procedure regarding firearms
in custodia Jegis · During the pendenty of
NOTE: The failure to deliver the firearm or any case filed in violation of RA. 10519,
ammunition within six (6) months after the seized firearm, ammunition, or parts
death or legal disability of the licensee shall thereof, machinery, tools, or instruments
render the possessor liable for illegal possession shall remain in the custody of the court. If
of the firearm. the court decides that it has no adequate
means to safely keep the same, the court
PUNISHABLE ACTS shall issue an order to turn over to the PNP
Crime Laboratory such firearm,
1. Unlawful acquisition or possession of ammunition, or parts thereof, machinery,
firearms and ammunition. (Sec. 28, R.A. tools, or instruments in its custody during
10591) the pendency of the case and to produce the
2. Use of loose firearm in the commission of a same to the court when so ordered. No bond
crime. (Sec. 29, R.A. 10S91) shall be admitted for the release of the
firearm, ammunition, or parts thereof,
..Loose firearm" refers to an unregistered machinery, tool, or instrument. (Sec. 36, R.A.
firearm, an obliterated or altered firearm, 10591)
firearm which has been lost or stolen, 9. Planting evidence - Willfully and maliciously
illegally manufactured firearms, registered inserting, placing, and/or attaching directly
firearms in the possession of an individual or indirec.tly, through any overt or covert
other than the licensee and those with ac.t, any firearm, or ammunition or parts
revoked licenses in accordance with the thereof in the person, house, effects, or in
rules and regulations (Sec.3(v), R.A. 10591) the immediate vicinity of an innocent
individual for the purpose of implication or
3. Carrying the registered firearm outside incriminating the person or imputing the
his/her residence without any legal commission of any violation of the provision
authority therefore or absence of permit to of R.A. 10591 to said individual. (Sec.38, R.A.
carry outside of residence. (Sec. 31, R.A. 10591)
10591) 10. Failure to notify lost or stolen firearm or
4. Unlawful manufacture, importation, sale, or light weapon. (Sec. 40, R.A. 10S91)
disposition of firearms or ammunition or

UNIVERSITY OF SANTO TOMAS


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CRIMINAL LAW

11. Illegal transfer/registration of firearms - OMNIBUS ELECTION CODE


transferring possession of any firearm to B.P. 881
any person who has not yet obtained or
secured the necessary license or permit Gun Ban
thereof. (Sec. 41, RA 10591)
An election offense is committed by any person
Grounds fnr revocation cancellation or who, although possessing a permit to carry
susoension of Hcense or oecmit hx the Chief firearms, carries any firearms outside his
of PNP or his/beeauthorized ceoreseorarive residence or place of business during the
election period, unless authorized in writing by
1. Commission of a crime or offense involving the Commission: Provided, that a motor vehicle,
the firearm, ammunition, of major parts water or air craft shall not be considered a
thereof; residence or place of business or extension
2. Conviction of a crime involving moral hereof.
turpitude or any offense where the penalty
carries an imprisonment of more than six NOTE: This prohibition shall not apply to
(6) years; cashiers and disbursing officers while in the
3. Loss of the firearm, ammunition, or any performance of their duties or to persons who
parts thereof through negligence; by nature of their official duties, profession,
4. Carrying of the firearm, ammunition, or business, or occupation habitually carry large
major parts thereof outside of residence or sums of money or valuables. (Sec. 261(q), B.P.
workplace without. the proper permit to 881)
carry the same;
5. Carrying of the firearm, ammunition, or Elements
major parts thereof in prohibited places;
6. Dismissal for cause from the service in case 1. The person is bearing, carrying, or
of government official and employee; transporting firearms or other deadly
7. Commission of any of the acts penalized weapons;
under Republic Att No. 9165, otherwise 2. Such possession occurs during the election
known as the "Comprehensive Dangerous period; and
Drugs Act of 2002"; 3. The weapon is carried in a public place. (Sec.
8. Submission of falsified documents or 32, Par. 1, R.A. 7166)
misrepresentation in the application to
obtain a license or permit; NOTE: Only regular members or officers of the
9. Noncompliance of reportorial requirements; Philippine National Police, the Armed Forces of
and the Philippines, and other enforcement agencies
10. By virtue of a court order. (Sec. 39, RA of the Government who are duly deputized in
10591) writing by the Commission for election duty may
be authorized to carry and possess firearms
ELEMENTS during the election period: Provided, that, when
in the possession of firearms, the deputized law
1. The existence of the subject firearm; and enforcement officer must be:
2. The fact that the accused who possessed the
same does not have the corresponding 1. In full uniform showing clearly and legibly
license for it. (Evangelista v. People, G.R. No. his name, rank. and serial number which
163267, May 5, 2010; People v. £ling, G.R. No. shall remain visible at all times; and
178546, April 30, 2008) 2. In the actual performance of his election
duty in the specific area designated by the
Ownecsbin is not essentif1I Commission. (Sec. 32, par. 2, RA 7166)

The rule is that ownership is not an essential Penalties


element of illegal possession of firearms and
ammunition. What the law requires is merely Any person found guilty of any election offense
possession which includes not only actuaJ shall be punished with imprisonment of not Jess
physical possession but also constructive than one (1) year but not more than six (6) years
possession or the subjection of the thing to one's and shall not be subject to probation. In
control and management. (People v. De Gracia, G. addition, the guilty party shall be sentenced to
R. Nos. 102009-10 July 6, 1994)

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SPECIAL PENAL LAWS

suffer disqualification to hold public office and


deprivation of the right of suffrage.

If he is a foreigner, he shall be sentenced to


deportation which shall be enforced after the
prison term has been served. Any political party
found guilty shall be sentenced to pay a fine of
not less than ten thousand pesos, which shall be
imposed upon such party after criminal action
has been instituted in which their corresponding
officials have been found guilty. (Sec. 264, 8.P.
881)

Accused can be simultaneously charged for


vinlation OCRA 10591 andRP 661
NOTE: In R.A. 10591, the burden to prove the
negative allegation that the accused has no
license or permit to carry a firearm lies with the
prosecution. In BP 881, the burden to adduce
evidence that the accused is exempt from
COMELEC Gun Ban lies with the accused.
(Abenes v. CA, G.R. No. 156320, February 14,
2007)

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351 FACULTY OF CIVIL LAW
CRIMINAL LAW

P.D. 1866 {as amended by R.A. 82941 vis-a­ the penalty of prision
visBA 10591 mayor in its minjmum
period shall be
P.D. 1866, AS imposed in addition
AMENDED BY R.A. R.A. 10591 to the penalty for the
8294 crime punishable
In Section 1, a In Section 29, the use of under the RPC or other
person is not liable a loose firearm, when special laws of which
for the violation of inherent in the s/he is found guilty.
the old firearms law commission of a crime
if he also punishable under the
committed another RPC or other special
crime. What is laws, shall be The acts Acts punishable:
punished is the considered as an penalized are as
·other crime• aggravating follow: 1. Unlawful acquisition,
regardless if the circumstance. or possession of
use or possession I.Unlawful firearms, and
of firearms is manufacture, sale ammunition;
inherent or Otherwise, the use or acquisition, 2. Use of loose firearm
necessary in the possession of loose disposition or in the commission of
commission of that firearms and violation possession of a crime;
·other crime.• of other penal law shall firearms or 3.Absence of permit to
be treated as distinct ammunition or carry outside of
If homicide or crimes and will thus be instruments used residence;
murder is punished separately. or intended to be 4.Unlawful
committed with the used in the
use of unlicensed manufacture of manufacture,
firearm, such use of firearms of importation, sale or
an unlicensed ammunition; disposition of
firearm shall be 2. Unlawful firearms or
considered as an manufacture, sale, ammunition or parts
aggravating acquisition, thereof;
circumstance. disposition or 5. Arms smuggling;
If there was no If the crime committed possession of 6. Tampering,
other crime with the use of a loose explosives; obliteration, or
committed, the firearm is penalized by 3. Tampering of alteration of firearms
penalty under the law with a firearm's serial identification;
Section 1 shall be maximum penalty number; 7. Use of imitation
imposed. which is LOWER THAN 4.Repacking or firearm;
that prescribed in the altering the 8.Violation of the
new law for illegal composition of procedure for
possession of firearm, lawfully firearms in custodla
the penalty for illegal manufactured legis;
possession of firearm explosives; 9. Planting evidence;
shall be imposed in Unauthorized 10. Failure to
lieu of the penalty for issuance of notify lost or stolen
the other crime authority to carry firearm or light
charged. firearm and/or weapon
ammunition Illegal transfer/
-If the crime committed outside of registration of firearms.
with the use of a loose residence.
firearm is penalized by IN BOTH LAWS, if the violation is in
the law with a furtherance of or incident to or in connection
maximum penalty with the crime of rebellion or insurrection, or
which is EQUAL to that attempted coup d'etat, such violation shall be
imposed under the new absorbed as an element of the crime of
law for illegal rebellion or insurrection or attempted coup
oossession of firearms, d'etat.

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SPECIAL PENAL LAWS

PROHIBITION ON HAZING

ANTI-HAZING LAW 1. All forms of hazing shall be prohibited in


RA.11053 fraternities, sororities, and organizations
in schools, including citizens' military
training and citizens' army training.
Hazine 2. The prohibition shall apply to all other
fraternities, sororities, and organizations
Any act that results in physical or psychological that are not school-based, such as
suffering, harm, or injury inflic.ted on a recruit. community·based and other similar
neophyte, applicant, or member as part of an fraternities, sororities and organizations.
initiation rite or practice made as a prerequisite 3. In no case shall hazing be made a
for admission or a requirement for continuing requirement for employment in any
membership in a fraternity, sorority, or business or corporation.
organization including. but not limited to
paddling, whipping, beating, branding, forced NOTE: The physical, mental, and practices to
calisthenics, exposure to the weather, forced determine and enhance the physic.al, mental,
consumption of any food, liquor, beverage, drug and psychological fitness of prospettive regular
or other substance, or any other brutal members of the AFP and the PNP as approved
treatment or forced physical activity which is by the Secretary of National Defense and
likely to adversely affect the physical and National Police Commission, duly
psychological health of such recruit, neophyte, recommended by the Chief of Staff of the AFP
applicant, or member. This shall also include and Director General of the PNP, shall not be
any activity, intentionaJly made or otherwise, considered as hazing purposes of this Act.
by one person alone or acting with others, that
tends to humiliate or embarrass, degrade, The exemption provided herein shall likewise
abuse, or endanger, by requiring a recruit, apply to similar procedures and practices
neophyte, applicant, or member to do menial, approved by the respective heads of other
silly, or foolish tasks. (Sec. 2, R.A. 11053) uniformed learning institutions as to their
prospective members. nor shall this provision
Initiationorlnitlatinn Bires apply to any customary athletic events or other
similar contests or competitions or any activity
Ceremonies, practices, rituals, or other acts. or conduct that furthers a legal and legitimate
whether formal or informal, that a person must objective, subject to prior submission of a
perform or take part in order to be accepted medical clearance or certificate. (Sec. 3, R.A.
into fraternity, sorority, organization as a full· 11053)
fledged member. It includes ceremonies
practices, rituals, and other acts in all stages of REGULATION OF SCHOOL BASED
membership in a fraternity, sorority, or INITIATION RITES
organization. (Sec. 2, RA 11053).
1. A written application to conduct initiation
Organization rites shall be made to the proper
authorities of the school not later than
An organized body of people which includes, seven (7) days prior to scheduled initiation
but it is not limited to, any club, association. date;
group, fraternity, and sorority. This term shall 2. The written application shall indicate the
include the Armed Forces of the Philippines place and date of the initiation rites and the
(AFP), the Philippine National Police (PNP), the names of the recruits, neophytes. or
Philippine Miltary Academy (PMA), the applicants to be initiated and the manner
Philippine National Police Academy (PNPA), by which they will conduct the initiation
and other similar uniformed service learning rites;
institutions. (Sec. 2, R.A. 11053) 3. The initiation rites shall not last more than
three (3) days;
Schools 4. The application shall contain the names of
the incumbent officers of the fraternity,
Colleges, universities, and other educational sorority, or organization and any person or
institutions. (Sec. 2, R.A. 11053) persons who will take charge in the
conduct of the initiation rites;

UNIVERSITY OF SANTO TOMAS ..


353 FACULTY OF CIVIL LAW
CRIMINAL LAW

5. The application shall be under oath with a representatives of the school to be present
declaration that it has been posted in the during the initiation.
official school bulletin board, the bulletin 2. It is the duty of the school representatives to
board of the office of the fraternity, see to it that no hazing is conducted during
sorority, or organization, and two (2) other the initiation rites and to document the
conspicuous places in the school or in the entire proceedings.
premises of the organization; and 3. Representatives who were present during
6. The application shall be posted from the the initiation shall make a report of the
time of submission of the written notice to initiation rites to the appropriate officials of
the school authorities or head of the school regarding the conduct of the said
organization and shall only be removed initiation: Provided, That if hazing is still
from its posting three (3) days after the committed despite their presence, no
conduct of the initiation rites. liability shall attach to them unless it is
7. The appropriate school authorities shall proven that they failed to perform an overt
have the obligation to disapproved the act to prevent or stop the commission
application to conduct initiation rites that thereof. (Sec. 5, R.A 11053)
do not conform with any of the
requirements of this section, and in REGISTRATION OF FRATERNITIES,
unequivocal terms in a formal advice to the SORORITIES, ANO OTHER ORGANIZATIONS
fraternity sorority, or organization
concerned, taking into consideration the All existing fraternities, sororities, and other
safety and security of participants in the organizations otherwise not created or
activity. organized by the school but has existing
8. School officials shall have the authority to members who are students or plans to recruit
impose after due notice and summary students to be its member shall be required to
hearing. disciplinary sanctions, in register with the proper school authorities
accordance with the school's guidelines before it conducts activities whether on or off·
and regulations on the matter, which shall campus, including recruitment of members.
include, but shall not be limited to,
reprimand, suspension, exclusion, or Upon registration, all fraternities, sororities, or
expulsion, to the head and all other officers organizations shall submit a comprehensive list
of the fraternity, sorority and organization of members, which shall be updated not later
which conducts an initiation without first than thirty (30) days from the start of every
securing the necessary approval of the semester or trimester, depending on the
school as required under this section. All academic calendar of the school.
members of the fraternity, sorority, or
organization, who participated in the School official shall have the authority to
unauthorized initiation rites, even if no impose. after due notice and summary hearings,
hazing was conducted, shall also be disciplinary penalties in accordance with the
punished accordingly. school's guidelines and regulations on the
9. In case the written application for the matter including suspension to the head and
conduct of initiation rites contains false or other officers of the fraternity, sorority, or
inaccurate information, appropriate organization who fail to register or update their
disciplinary sanctions in accordance with roster of members as required under this
the school's guidelines and regulations on section.
the matter ranging from reprimand to Failure to comply with any of the requirements
expulsion shall be imposed, after due notice shall result in the cancellation of the
and summary hearing, against the person registration of the fraternity, sorority, or
who prepared the application or supplied organization. (Sec. 6, R.A 11053)
the false and inaccurate information and to
the head and other officers of the fraternity, FACULTY ADVISER
sorority, or organization concerned. (Sec. 4�
R.A 11053) Faculty Adviser

MONITORING OF INITIATION RITES The person who is responsible for monitoring


the activities of the fraternity, sorority. or
1. The head of the school or an authorized organization established or registered.
representative must assign at least two (2)

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In case of violation of any of the provisions of NOTE: Upon registration, all community-based
this Act, it is presumed that the faculty adviser fraternities, sororities, or organizations
has knowledge and consented to the including their respective local chapters, shall
commission of any of the unlawful acts stated submit a comprehensive list of members and
therein. officers which shall be updated yearly from the
date of registration. (Sec. 9, R.A. 110S3)
NOTE: Schools shall require all fraternities,
sororities, or organizations, as a condition to REGULATION OF INITIATION RITES FOR
the grant of accreditation or registration, to COMMUNITY BASED AND OTHER SIMILAR
submit the name or names of their respective FRATERNITIES, SORORITIES, OR
faculty adviser or advisers who must not be ORGANIZATIONS
members of the respective fraternity, sorority.
or organization. The submission shall also 1. A written application to conduct the same
include a written acceptance or consent on the shall be made to the punong barangay in
part of the selected faculty adviser or advisers. the barangay or municipal or city mayor in
(Sec. 7, R.A. 110S3) the municipality or city where the
community·based fraternity, sorority, or
ROLE OF EDUCATIONAL INSTITUTION organization is based, not later than seven
(7) days prior to the scheduled initiation
1. The responsibility of schools to exercise date;
reasonable supervision in loco parentis 2. The written initiation shall indicate the
over the conduct of its students requires place and date of the initiation rites and the
the diligence that prudent parents would names of the recruits, neophytes, or
employ in the same circumstances when applicants to be initiated;
discriminating and protecting their 3. Such written application shall further
children. contain an undertaking that no harm or any
2. It shall be the duty of schools to take more kind shall be committed by anybody during
proactive steps to protect its students from the initiation rites;
the dangers of participating in activities 4. A medical certificate of the recruit,
that involve hazing. neophyte, or applicant must be attached to
3. Schools shall implement an information the application to ensure fitness to undergo
dissemination campaign at the start of initiation when it involves physical activity
every semester or trimester to provide not failing under the definition of hazing as
adequate information to students and used in this Att;
parents or guardians regarding the 5. The initiation rites shall not last more than
consequences of conducting and three (3) days;
participating in hazing. 6. The application shall contain the names of
4. An orientation program relating to the incumbent officers of the community­
membership in a fraternity, sorority. or based fraternity, sorority, or organization
organization shall also be conducted by and any person or persons who will take
schools at the start of every semester or charge in the conduct of initiation rites;
trimester. 7. The application shall be under oath with a
5. Schools shall encourage fraternities, declaration that it has been posted on the
sororities, and organizations to engage in official bulletin board of the barangay hall
undertakings that foster holistic personal or the municipal or city hall where the
growth and development and attivities that community-based fraternity, sorority or
contribute to solving relevant and pressing organization is based, and the bulletin
issues of society. (Sec. 8, R.A. 110S3) board of the office of the community-based
fraternity. sorority or organization; and
REGISTRATION OF COMMUNITY BASED AND 8. The application shall be posted from the
OTHER SIMILAR FRATERNITIES, time of submission of the written notice to
SORORITIES, OR ORGANIZATIONS the punong barangay or municipal or city
mayor and shall only be removed from its
GR: All new and existing community-based posting three (3) days after the conduct of
fraternities, sororities, or organizations, the initiation rites." (Sec.10, R.A.110S3)
including their respective local chapters, shall
register with the barangay, municipality, or city MONITORING OF INITIATION RITES
wherein they are primarily based.

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1. The punong barangay of the barangay or the owner or lessee has actual knowledge of the
municipal or city mayor of the municipality hazing conducted therein but failed to take
or city where community-based fraternity, any action to prevent the same from
sorority or organization is based must occurring or failed to promptly report the
assign at least two (2) barangay or same to the law enforcement authorities if
municipal or city officials to be present they can do so without peril to their person
during the initiation and document the or their family.
entire proceedings.
2. Representatives who are present during the 2. If the hazing is held in the home of one of the
initiation shall make a report of the officers or members of the fraternity,
initiation rites to the punong barangay, or sorority, or organization, the parents shall
the municipal or the city mayor regarding be held liable as principals and penalized
the conduct of the initiation. Provided, that with the penalty of reclusion perpetua and a
if hazing is still committed despite their fine of Three million pesos (P3,000,000) .W:
presence, no liability shall attach to them with the penalty of reclusion perpetua and a
unless it is proven that they failed to fine of Two million pesos (P2,000,000)
perform an overt act prevent or stop the when they have actual knowledge of the
commission. (Sec. 11, R.A. 11053) hazing conducted therein but failed to take
any action to prevent the same from
NULLITY OF WAIVER AND CONSENT occurring or failed to promptly report the
same to the law enforcement authorities if
Any form of approval, consent, or agreement, such parents can do so without peril to their
whether written or otherwise, or of an express person or their family.
waiver of the right to object to the initiation rite
or proceeding which consists of hazing, as Other Accomnlice
defined in this Act, made by a recruit, neophyte,
or applicant prior to an initiation rite that The school authorities including faculty
involves inflicting physical or psychological members as well as barangay, municipal, or city
suffering, harm, or injury, shall be void and officials shall be liable as an accomplice and
without any binding effect on the parties. likewise be held administratively accountable
for hazing conducted by the fraternities,
NOTE: The defense that the recruit, neophyte, sororities, other organiz.ations, if it can be
or applicant consented to being subjected to shown that the school or barangay, municipal,
hazing shall not be available to persons or city officials allowed or consented to the
prosecuted under this Act." (Sec.11, R.A 11053) conduct of hazing, but such officials failed to
take an action to prevent the same from
ADMINISTRATIVE SANCTIONS occurring or failed to promptly report to the
law enforcement authorities if the same can be
The responsible officials of the school, the done without peril to their person or their
uniformed learning institutions, the AFP, or the family.
PNP may impose the appropriate
administrative sanctions, after due notice and Prima Carie evidence ofnactifinarino
summary hearing, on the person or the persons
charged under this Act even before their The presence of any person, even if such person
conviction. (Sec.12, R.A 11053) is not a member of the fraternity, sorority, or
organization, during the hazing is prima facie
PERSONS LIABLE AND THE evidence of participation therein as a principal
CORRESPONDING PENALTIES unless such person or persons prevented the
commission of the ac.ts punishable herein or
Other Principals: promptly reported the same to the law
enforcement authorities if they can do so
1. The owner or lessee of the place where without peril, to their person or their family.
hazing is conducted shall be liable as
principal and penalized with the penalty of Joint liability
reclusion perpetua and a fine of Three
million pesos (P3,000,000) !!!. with the The incumbent officers of the fraternity,
penalty of reclusion perpetua and a fine of sorority, or organization concerned shall be
Two million pesos (P2,000,000) when such

II UNIVERSITY OF SANTO TOMAS


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jointly liable with those members who actually Paraphernalia for Dangerous Drugs and/or
participated in the hazing. Controlled Precursors and Essential
Chemicals (Sec.10, RA 9165);
NOTE: Any person charged under this Act shall 8. Possession of Dangerous Drugs (Sec. 11,
,!!21 be entitled to the mitigating circumstances R.A. 9165) (2015 BAR);
that there was no intention to commit so grave 9. Possession of Equipment, Instrument,
a wrong. Apparatus, and Other Paraphernalia for
Dangerous Drugs (Sec.12, RA 9165);
NOTE: The same shall apply to the president. 10. Possession of Dangerous Drugs During
manager, director, or other responsible officer Parties, Social Gatherings, or Meetings (Sec.
of businesses or corporations engaged hazing 13, R.A. 9165);
as a requirement for employment in the 11. Possession of Equipment. Instrument,
manner provided herein. Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social
Gatherings, or Meetings (Sec.14, R.A. 9165);
COMPREHENSIVE DANGEROUS 12. Use of Dangerous Drugs (Sec.15, R.A. 9165);
DRUGS ACT (R.A. 9165) WITH 13. Cultivation or Culture of Plants Classified as
IMPLEMENTING RULES AND REGULATIONS Dangerous Drugs or are Sources Thereof
(Sec.16, R.A. 9165);
14. Maintenance and Keeping of Original
Dangerous Drugs (2007 BAR) Records of Transactions on Dangerous
Drugs and/or Controlled Precursors and
Include those listed in the Schedules annexed to Essential Chemicals (Sec. 17, RA 9165);
the 1961 Single Convention on Narcotic Drugs, 15. Unnecessary Prescription of Dangerous
as amended by the 1972 Protocol and in the Drugs (Sec.18, R.A. 9165); and
Schedules annexed to the 1971 Single 16. Unlawful Prescription of Dangerous Drugs
Convention on Psychotropic Substances. (Sec. 3 (Sec.19, R.A. 9165);
(j), R.A. 9165) 17. Misappropriation, misapplication or failure
to account for confiscated, seized or
Controlled Pren,csnrs and Essential surrendered dangerous drugs, plant
ChemiCals sources of dangerous drugs, controlled
precursors and essential chemicals,
Includes those listed in Tables I and II of the instruments/paraphernalia and/or
1988 UN Convention Against Illicit Traffic in laboratory equipment including the
Narcotic Drugs and Psychotropic Substances. proceeds or properties obtained from the
unlawful at'tS by any public officer or
PUNISHABLE ACTS employee (Sec. 27, R.A. 9165);
18. Benefiting from the proceeds of the
1. Importation of Dangerous Drugs and/or trafficking of dangerous drugs, or have
Controlled Precursors and Essential received any financial or material
Chemicals (Sec. 4, R.A. 9165); contributions or donations from natural or
2. Sale, Trading, Administration, juridical persons found guilty of trafficking
Dispensation, Delivery, Distribution, and dangerous drugs by any elective local or
Transportation of Dangerous Drugs and/or national official (Sec. 27, R.A. 9165);
Controlled Precursors and Essential 19. Planting of dangerous drugs, controlled
Chemicals (Sec. 5, R.A. 9165); precursors, or essential chemicals as
3. Maintenance of a Den, Dive, or Resort. (Sec. evidence (Sec. 29, R.A. 9165);
6, R.A. 9165); 20. Consenting to or knowingly tolerating any
4. Employees and Visitors of a Den, Dive, or violation of this Att by a partnership,
Resort (Sec. 7, RA 9165); corporation, association, or any juridic.al
5. Manufacture of Dangerous Drugs and/or entity, the partner, president. director,
Controlled Precursors and Essential manager, trustee, estate administrator, or
Chemicals (Sec. 8, R.A. 9165); officer (Sec.30, par, 1, R.A. 9165).
6. Illegal Chemical Diversion of Controlled 21. Knowingly authorizing, tolerating, or
Precursors and Essential Chemicals (Sec. 9, consenting to the use of a vehicle, vessel,
R.A. 9165); aircraft:, equipment or other facility, as an
7. Manufacture or Delivery of Equipment, instrument in the importation, sale, trading,
Instrument. Apparatus, and Other administration, dispensation, delivery,

UNIVERSITY OF SANTO TOMAS ..


357 FACULTY OF CIVIL LAW
CRIMINAL LAW

distribution, transportation, or NOTE: Where the offense of sale was not


manufacture of dangerous drugs, or consummated, the accused should not be
chemical diversion, if such vehicle, vessel, prosecuted under mere possession, but under
aircraft. equipment, or other instrument is Sec. 26 for attempt or conspiracy.
owned by or under the control or
supervision of the partnership, corporation, mnstrafive case fnr Attemated Sale of
association, or juridical entity to which they Oaneernns Denes
are affiliated by a partner, president,
director, manager, trustee, estate The policemen conducted a buy·bust operation.
administrator, or officer (Sec. 30, par.2, R.A. After showing the substance, the sale was
9165); interrupted when the poseur·buyers
22. Violating any rule or regulation issued by immediately introduced themselves as police
the Dangerous Drugs Board in relation to officers; hence, the crime was not
R.A. 9165 (Sec. 32, R.A. 9165); consummated.
23. Issuance of False or Fraudulent Drug Test
Results (Sec. 37, R.A. 9165); In such case, the accused already commenced
24. Violation of confidentiality rule on records by overt acts the commission of the intended
of drug dependents under voluntary crime by showing the substance to both of the
sunmission (Sec. 72, R.A. 9165); policemen but did not perform all the acts of
25. Failure or refusal, intentionally or execution which would produce such crime by
negligently, to appear after due notice as a reason of some cause or accident other than his
witness for the prosecution in any own spontaneous desistance.
proceedings, involving violations of this
Act, without any valid reason by any Such cause or accident is when the policemen
member of law enforcement agencies or introduced themselves and the sale was
any other government official and immediately aborted. Hence, accused is guilty
employee (Sec. 91, R.A. 9165); of attempted sale of dangerous drugs. (People v.
26. Causing the unsuccessful prosecution Layla, G.R. No.192235,july 6, 2011)
and/or dismissal of the said drug·related
cases, deliberately or through patent laxity, Aoareciatinn of cnnsoicacx in case of
inexcusable neglett, or unreasonable delay nnssession nfdaneeronsdrnes
by any government officer or employee
tasked with the prosecution of said cases The crime of conspiracy to commit possession
under this Act. (Sec. 92, R.A. 9165) of dangerous drugs does not exist. Simply put.
the circumstance of conspiracy is not
ATTEMPT OR CONSPIRACY appreciated in the crime of possession of
dangerous drugs under Sec. 11, Article II of R.A.
Effect of attempt or conspiracy on the 9165. (Posiquit v. People, G.R. No. 193943,
criminal Hahmtx January 16, 2012)

The accused shall be penalized by the same IMPORTATION OF DANGEROUS DRUGS


penalty prescribed for the commission of the AND/OR CONTROLLED PRECURSORS AND
same as provided under: ESSENTIAL CHEMICALS

1. Importation of any dangerous drug and/or Any person who, unless authorized by law, shall
controlled precursor and essential import or bring into the Philippines any
chemical dangerous drug, regardless of the quantity and
2. Sale, trading, administration, dispensation, purity involved, including any and all species of
delivery, distribution, and transportation of opium poppy or any part thereof or substances
any dangerous drug and/or controlled derived there from even for floral, decorative,
precursor and essential chemical and culinary purposes. (1990, 1992, 2006
3. Maintenance of a den, dive, or resort where BAR)
any dangerous drug is used in any form
4. Manufacture of any dangerous drug and/or DRUG PUSHING
controlled precursor and essential
chemical SALE, TRADING, ADMINISTRATION,
5. Cultivation or culture of plants which are DISPENSATION, DELIVERY, DISTRIBUTION.
sources of dangerous drugs. AND TRANSPORTATION OF DANGEROUS

II UNIVERSITY OF SANTO TOMAS


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SPECIAL PENAL LAWS

DRUGS AND/OR CONTROLLED PRECURSORS Can Mirondo be convicted of selling illegal


AND ESSENTIAL CHEMICALS drugs under R.A. 9165 even though the drug
substance was not presented in court?
The maximum nenaltx shall he imoosed
upon: A: NO. Mirondo cannot be convicted of the said
crime. It is necessary to prove that the
1. Any person who organizes, manages, or transaction or sale actually took place, coupled
at"tS as a "financier" of any of the illegal with the presentation in court of the
at1:ivities (Sec. 5, par. 6, RA9165); and confiscated prohibited or regulated drug as
2. Any person, who acts as a evidence. The narcotic substance itself
"protector/coddler" of any violator of the constitutes the very corpus delicti of the offense
provisions under this Section. (Sec. 5, par. 7, and the fact of its existence is vital to sustain a
R.A. 9165) judgment of conviction. (People v. Mirando, G.R.
No. 210841, October 14, 2015)
NOTE: Law enforcement agents who do not
arrest the drug pushers or illegal possessors In the crime of illegal sale of dangerous drugs,
may be held liable as protectors or coddlers. the delivery of the illicit drug to the poseur
buyer and the receipt by the seller of the
SPlline meeal drues marked money consummate the illegal
transaction. What matters is the proof that the
Any act of giving away any dangerous drug transaction or sale actually took place, coupled
and/or controlled precursor and essential with the presentation in court of the prohibited
chemical whether for money or any other drug, the corpus delicti, as evidence. (People v.
consideration. (Sec. 3 (ii), R.A. 9165) Amaro, GR No. 207517,June 1, 2016)

Elements CJ-P-Pl Q: Around 5:40 p.m., the buy-bust team


proceeded to the target area. The informant
1. The ,identity of the buyer and seller, object, singled out alias Rico Enriquez, who was in
and consideration; and an alley conversing with his male
2. The 11,elivery of the thing sold and 12ayment companions, and approached him while his
thereof. (People v. Buenaventura, G.R. No. male companions left. Enriquez and the
184807, November 23, 2011) informant went over to where P02 Cruz
remained standing. The informant
Elements that musr he ocoxen in a introduced P02 Cruz to Enriquez as a friend
prosecution for illegal sale of dangerous in need of shabu. Enriquez asked bow much
drues CS-C-R-Sl be needed and P02 Cruz replied, "kasang
kinyentos lang" or P500. Enriquez asked
1. That the transaction or iale took place; them to wait, withdrew into an alley, and
2. That the £_orpus delicti or the illicit drug returned shortly to hand P02 Cruz a heat•
was presented as evidence; and sealed plastic sachet containing a white
3. That the !!,uyer and ieller were identified. crystalline substance believed to be shabu.
(People v. Fermin, G.R. No. 179344, August 3, After giving Enrique,, five (5) pieces of One
2011) Hundred Peso (PIOO) bills in exchange for
the item, P02 Cruz lit a cigarette, the
NOTE: If a person is caught selling or pushing previously arranged signal for the buy-bust
dangerous drugs and after his arrest, they team to effect arrest upon consummation of
found SIMILAR dangerous drugs in his body, the transaction. P02 Cruz grabbed
the person may be charged and convicted of Enriquez's shirt, identified himself as a
two offenses: one for illegal sale and one for police operative and informed Enriquez of
illegal possession. the nature of his arrest. After examination,
Forensic Officer Mangalip found the
Q: Mirando was accused of selling illegal specimen submitted positive for
drugs. During trial, the testimonies of the Methylamphetamine Hydrochloride.
police who conducted the buy-bust
operation were used as evidence against Is Enriquez guilty of violating Sections 5 and
Mirondo. The illegal substance that was 15 of Article II of R.A. 9165 or the
confiscated during the buy-bust operation Comprehensive Dangerous Drugs Act of
was never presented in court as evidence. 2002?

UNIVERSITY OF SANTO TOMAS


359 FACULTY OF CIVIL LAW

CRIMINAL LAW

A: YES. The presence of the following elements is likewise immateriaJ in the distribution of
required for all prosecutions for illegal sale of illegal drugs. (People v. Yang G.R. 148077,
dangerous drugs has been duly established in February 16, 2004)
the instant case: (1) proof that the transat1:ion
or sale took place; and (2) the presentation in Icansnoaine sbabn molum orohihitum
court of the corpus delicti or the illicit drug as
evidence. Enriquez was caught red-handed The act of transporting methamphetamine
delivering one heat sealed plastic sachet hydrochloride is malum prohibitum since it is
containing white crystalline substance to P02 punished as an offense under a special law. The
Cruz, the poseur buyer, in exchange for 500.00. fact of transportation of the sacks containing
P02 Cruz positively identified Enriquez in open dangerous drugs need not be accompanied by
court to be the same person who sold to him proof of criminal intent, motive, or knowledge.
the item which upon examination was (People v. Morillo, G.R. No. 189833, February 5,
confirmed to be methylamphetamine 2014)
hydrochloride or shabu. Upon presentation
thereof in open court P02 Cruz duly identified it No transportation of dangerous drugs if the
to be the same object sold to him by Enriquez. caris srarionarv
(People v. Enriquez, G.R. No. 214503, June 22,
2016) "Transport" as used under the Dangerous
Drugs Act is defined to mean ·10 carry or
Q: Is the presentation of informant convey from one place to another."
necessary in the prosecution for illegal sale
of dangerous drugs? The essential element of the charge is the
movement of the dangerous drug from one
A: As a general rule, NO. In People v. Andaya, place to another. Since the accused was
the confidential informant was not a police arrested inside a car. when the car was not in
officer but he was designated to be the poseur transit such that the car was parked and
buyer himself. The State did not present the stationary, then there is no transportation. The
confidential informant/poseur buyer during the conclusion that the accused transported the
trial to describe how exactly the transat1:ion drugs merely because he was in a motor vehicle
between him and Andaya had taken place. when he was accosted with the drugs has no
There would have been no issue against failure basis and is mere speculation. It is the
to present the confidential informant/poseur­ responsibility of the prosecution to prove the
buyer except that none of the members of the element of transport of dangerous drugs,
buy-bust team had directly witnessed the namely, that transportation had taken place, or
transat1:ion, if any, between Andaya and the that the accused had moved the drugs some
poseur buyer due to their being positioned at a distance. (San Juan v. People G.R. 177191, May
distance at the moment of the supposed 30, 2011)
transac.tion. The presentation of the
confidential informants as witnesses for the MAINTENANCE OF A DEN, DIVE .OR RESORT
Prosecution in those instances could be excused SEC. 6, R.A. 9165
because there were poseur buyers who direc.tly
incriminated the accused. In this case, however, 1. Any person or group of persons who sail
it was different, because the poseur buyer and maintain own or operate a den, dive, or
the confidential informant were one and the resort where any dangerous drug is used or
same. Without the poseur buyer's testimony, sold in any form or where any controlled
the State did not credibly incriminate Andaya. precursor and essential chemic.al is used or
(People v. Andaya, G.R. No. 183700, October 13, sold in any form.
2014) 2. Any person who organizes. manages, or
at1:S as a "financier" of any of the illegal
Consnmmalion of crime of meeal sale of activities prescribed in this Section.
da,es max be snffirienrlv established even 3. Any person who acts as a
in the absence of an exchange of money "protector/coddler" of any violator of the
provisions under this Section.
The absence of actual or completed payment is
irrelevant, for the law itself penalizes the very If a den. dive. or resort is owned by a third
act of delivery of a dangerous drug, regardless person
of any consideration. Payment of consideration

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If such den, dive, or resort is owned by a third teaching, and chemical analysis of dangerous
person, the same shall be confiscated and drugs or such substances that are not intended
escheated in favor of the government. for sale or for any other purpose. (Sec. 3(u), R.A.
9165)
Requisites:
Prima tarie oroof of mannfacn,ce of anv
1. That the criminal complaint shall daneernns drnes
specifically allege that such place is
intentionally used in the furtherance of the Mere presence of any controlled precursor and
crime; essential chemical or laboratory equipment in
2. That the prosecution shall prove such the clandestine laboratory is prima facie proof
intent on the part of the owner to use the of manufacture of any dangerous drugs.
property for such purpose;
3. That the owner shall be included as an ILLEGAL CHEMICAL DIVERSION OF
accused in the criminal complaint. CONTROLLED PRECURSORS
AND ESSENTIAL CHEMICALS
EMPLOYEES AND VISITORS OF A SEC. 9, R.A. 9165
DEN, DIVE. OR RESORT
SEC. 7, R.A. 9165 "'Chemiral Dixecsion"'
1. Any employee of a den, dive, or resort. who The sale, distribution, supply, or transport of
is aware of the nature of the place as such; legitimately imported, in-transit. manufat1:ured,
and or procured controlled precursors and essential
2. Any person who, not being included in the chemicals. in diluted, mixtures or in
provisions of the next preceding paragraph, concentrated form. to any person or entity
is aware of the nature of the place as such engaged in the manufacture of any dangerous
and shall knowingly visit the same drug, and shall include packaging, repackaging,
labeling, relabeling, or concealment of such
MANUFACTURE OF DANGEROUS DRUGS transaction through fraud, destruction of
AND/OR CONTROLLED PRECURSORS AND documents, fraudulent use of permits,
ESSENTIAL CHEMICALS; EQUIPMENT, misdeclaration, use of front companies, or mail
INSTRUMENT, APPARATUS, AND OTHER fraud. (Sec. 3(d), R.A. 9165)
PARAPHERNALIA FOR DANGEROUS DRUGS
AND/OR CONTROLLED PRECURSORS AND POSSESSION OF:
ESSENTIAL CHEMICALS A. Dangerous drugs (Set.·. 11, R.A. 9165)
SEC. 8, R.A. 9165 B. Equipment, instrument, apparJtus, and
other paraphernalia for
"Manufacture" dangerous drugs (Sec lZ, R.A. 9165)
C. Dangerous drugs during parties, social
The production, preparation, compounding, or gatherings. or meetings (Sec 13, R.A. 9165)
processing of any dangerous drug and/or D. Equipment, instrument, apparatus, and
controlled precursor and essential chemical. other paraphernalia for dangerous drugs
either directly or indirectly, or by extraction during parties, social gatherings, or
from substances of natural ongm, or meetings (Sec14, R.A. 9165)
independently by means of chemical synthesis,
or by a combination of extraction and chemical Evidence in ornsecntinn nfilleeal nnssession
synthesis, and shall include any packaging or nfdaoeerons dnies
repackaging of such substances, design, or
configuration of its form, or labeling, or Requisites:
relabeling of its container
1. The accused is in possession of an item or
NOTE: ·Manufacture· does not include an object identified to be a prohibited or a
preparation, compounding, packaging, or regulated drug;
labeling of a drug or other substances by a duly 2. Such possession is not authorized by law;
authorized practitioner as an incident to and
his/her administration or dispensation of such 3. The accused freely and consciously
drug or substance in the course of his/her possessed the said drug. (People v.
professional practice including research. Mendoza, G.R. No. 186387, August 31, 2011)

UNIVERSITY OF SANTO TOMAS


361 �
FACULTY OF CIVIL LAW
CRIMINAL LAW

NOTE: The act of throwing away the sachet, the convicted of a single offense of possession of
contents of which were later determined to dangerous drugs if he or she was caught in
be shabu, presupposes that accused-appellant possession of different kinds of dangerous
had prior possession of iL (Castro v. People, G.R. drugs in a single occasion. If convicted, the
No. 193379, August 15, 2011) higher penalty shall be imposed, which is still
lighter if the accused is convicted of two (2)
Cora11s ctelicci in the crime of meeal offenses having two (2) separate
oossession ofdaneerons denes penalties. This interpretation is more in
keeping with the intention of the legislators as
The dangerous drug itself constitutes the very well as more favorable to the accused. (David v.
corpus dellcti of the offense and in sustaining a People, G.R. No. 181861, October 17, 2011)
conviction under R.A. 9165, the identity and
integrity of the corpus delicti must definitely be Q: If Paolo Ollero was caught in possession
shown to have been preserved. This of any equipment, instrument, apparatus
requirement necessarily arises from the illegal and other paraphernalia for Dangerous
drug's unique characteristic that renders it Drugs, what is his offense?
indistinct, not readily identifiable, and easily
open to tampering, alteration, or substitution A: He is liable for Possession of Equipment,
either by accident or otherwise. Thus, to Instrument, Apparatus and Other Paraphernalia
remove any doubt or uncertainty on the for Dangerous Drugs under Sec. 12 of R.A. 9165
identity and integrity of the seized drug, and may also be liable for Use of Dangerous
evidence must definitely show that the illegal Drugs under Sec. 15 of the same law since
drug presented in court is the same illegal drug possession of equipment, instrument.
actually recovered from the accused-appellant; apparatus and other paraphernalia for
otherwise, the prosecution for possession dangerous drugs is prlma fade evidence that
under R.A. 9165 fails. (People v. Alcuizar, G.R. the possessor has smoked, consumed,
No.189980, April 6, 2011) administered to himself, injected, ingested, or
used a dangerous drug and shall be presumed
Constructive possession under R.A. 9165 to have violated Sec. 15 of R.A. 9165.

While it is not necessary that the property to be Q: Chuck and Kenneth were walking along
searched or seized should be owned by the Sampaloc when they saw a group of
person against whom the search warrant is policemen approaching them. Chuck
issued, there must be sufficient showing that immediately handed to Kenneth, the sachet
the property is under the accused"s control or of shabu he was carrying inside his pocket.
possession. Constructive possession exists The police saw Kenneth pladng the shabu
when the drug is under the dominion and inside his bag. If Kenneth was unaware that
control of the accused or when he has the right what was inside the sachet given to him was
to exercise dominion and control over the place shabu, i s he nonetheless liable under the
where it is found. The prosecution must prove Dangerous Drugs Act? (2002 BAR)
that the accused had knowledge of the
existence and presence of the drugs in the place A: NO. Kenneth will not be criminally liable if
under his control and dominion and the he can show any proof of the absence of animus
charatter of the drugs. (Del Castillo v. People, possldendi or present any evidence that would
G.R. No. 185128,Jonuory 30, 2012) show that he was duly authorized by law to
possess them. Possession of dangerous drugs
Q: If an accused was caught in possession of constitutes prima focie evidence of knowledge
shabu and marijuana in one occasion, or animus possidendi sufficient to convict an
should he be charged with, and convicted of, accused in the absence of a satisfactory
one offense only? explanation of such possession. Thus, the
burden of evidence is shifted to the accused to
A: YES. The law does not address a case explain the absence of knowledge or an;mus
wherein an individual is caught in possession of possidendi. (Buenaventura v. People, G.R. No.
different kinds of dangerous drugs. However, it 171578, August 8, 2007; People v. 8untuyan, G.R.
is a well-known rule of legal hermeneutics that No. 206912, September 10, 2014)
penal or criminal laws are strictly construed
against the State and liberally in favor of the USE OF DANGEROUS DRUGS
accused. Thus, an accused may only be SEC.15, R.A. 9165

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Elements of this crime C2005 RABJ escheated in favor of the State, unless the
owner can prove that he has no knowledge of
1. The accused was apprehended for the use such cultivation or culture despite the exercise
of dangerous drugs; of due diligence on his part.

NOTE: "Use" is any act of injecting, MAINTENANCE AND KEEPING OF ORIGINAL


intravenously, or intramuscularly, of RECORDS OF TRANSACTIONS ON
consuming, either by chewing, smoking, DANGEROUS DRUGS AND/OR CONTROLLED
sniffing, eating, swallowing. drinking, or PRECURSORS AND ESSENTIAL CHEMICALS
otherwise introducing into the SEC.17, R.A. 9165
physiological system of the body, and of the
dangerous drugs (Sec. 3(kk), R.A. 9165). Persons Hable

2. He was found to be positive for use of any Any practitioner, manufacturer, wholesaler,
dangerous drugs; and importer, distributor. deaJer, or retailer who
violates or fails to comply with the maintenance
3. No other dangerous drug was found in his and keeping of the original records of
possession. transactions on any dangerous drug and/or
controlled precursor and essential chemical in
NOTE: Use of Dangerous Drugs under Sec. 15 of accordance with Sec. 40 of this Act.
R.A. 9165 shall not be applicable where the
person tested is also found to have in his/her UNNECESSARY PRESCRIPTION OF
possession such quantity of any dangerous drug DANGEROUS DRUGS
provided for under Section 11 of the same Act. SEC. 18, R.A. 9165
in which case the provisions stated therein shall
apply. (Sec. 15, R.A. 9165) Persons Hable

Q: Does Section 15 cover unlawful acts other Any practitioner, who shall prescribe any
than those provided for under Article II of dangerous drug to any person whose physical
R.A. 9165? or physiological condition does not require the
use or in the dosage prescribed therein, as
A: NO. The drug test in Section 15 does not determined by the Board in consultation with
cover persons apprehended or arrested for any recognized competent experts who are
other unlawful act, but only for unlawful acts authorized representatives of professional
listed under Article II of R.A. 9165. To make the organizations of prac.titioners, particularly
provision applicable to all persons arrested or those who are involved in the care of persons
apprehended for any crime not listed under with severe pain.
Article II is tantamount to unduly expanding its
meaning, given that a drug testing will turn out UNLAWFUL PRESCRIPTION
to be mandatory for all persons apprehended OF DANGEROUS DRUGS
or arrested for any crime. (Dela Cruz v. People, SEC. 19, R.A. 9165
G.R. No. 200748,July 23, 2014)
Persons Hable
CULTIVATION OR CULTURE OF PLANTS
CLASSIFIED AS DANGEROUS DRUGS OR Any person who, unless authorized by law, shall
SOURCES THEREOF make or issue a prescription or any other
SEC.16, R.A. 9165 writing purporting to be a prescription for any
dangerous drug.
Cultlvatlonas contemnlared underBA 9165
PENALTY
Any act of knowingly planting, growing, raising,
or permitting the planting, growing, or raising Addirional nenaltx imonsed ifanx nfthe acrs
of any plant which is the source of a dangerous mmiShable under this Acr iS committed bx
drug. (Sec. 3(i), R.A. 9165) an alien

NOTE: The land or portions thereof and/or After service of sentence, he shall be deported
greenhouses on which any of said plants is immediately without further proceedings. (Sec.
cultivated or cultured shall be confiscated and 31, R.A. 9165)

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Accessory penalties imposed c. Any clandestine laboratory was


secured or protet1:ed with booby traps.
Civil interdiction, suspension of political rights d. Any clandestine laboratory was
such as the right to vote and be voted for. (Sec. concealed with legitimate business
3S, R.A. 9165) operations.
e. Any employment of a practitioner,
Aeeravafine cica,msrances which max he chemical engineer, public official or
considered in orosea,rine cases of foreigner (Sec. 8, R.A. 9165);
Daneecm,s Drues
8. In case the person uses a minor or a
1. If the importation or bringing into the mentally incapacitated individual to deliver
Philippines of any dangerous drugs and/or equipment, instrument, apparatus, and
controlled precursor and essential other paraphernalia use for dangerous
chemicals was done through the use of drugs (Sec.10, R.A. 9165);
diplomatic passport. diplomatic facilities, 9. Any person found possessing any
or any other means involving his/her dangerous drug during a party, or a social
official status intended to facilitate the gathering, or meeting, or in the proximate
unlawful entry of the same (Sec. 4, R.A. company of at least two (2) persons (Sec.
9165); 13, R.A. 9165); and
2. The sale trading, administration, 10. Possession or having under his/her control
dispensation, delivery, distribution, or any equipment, instrument, apparatus, and
transportation of any dangerous drug other paraphernalia fit of intended for
and/or controlled precursor and essential smoking, consuming. administering,
chemical transpired within 100 meters injecting, ingesting, or introducing any
from the School (Sec. 5, R.A. 9165); dangerous drug into the body, during
3. The drug pusher uses minors or mentally parties, social gatherings, or meetings, or in
incapacitated individuals as runners, the proximate company of at least 2
couriers and messenger, or in any other persons. (Sec.14, R.A. 9165)
capacity diret1:ly connected to the
dangerous drug and/or controlled Nan,ce ofa hux-hust naecation
precursor and essential chemical trade
(Sec. 5, R.A. 9165); In People v. Sembrono, citing People v.
4. The victim of the offense is a minor or Aguloy, this Court held that a buy-bust
mentally incapacitated individual, or operation is a form of entrapment which in
should a dangerous drug and/or controlled recent years has been accepted as a valid and
precursor and essential chemicals involved effective mode of apprehending drug
'in any offense be the proximate cause of pushers. Moreover, in a buy·bust operation, the
death of a vit1:im (Sec. 5, R.A. 9165); violator is caught in flagrante de/icto and the
5. Any dangerous drug is administered, police officers conducting the same are not only
delivered, or sold to a minor who is allowed authorized but also duty-bound to apprehend
to use the same in a den, dive, or resort the violator and consequently search him for
(Sec. 6, R.A. 9165); anything that may have been part of or used in
6. Any dangerous drug be the proximate the commission of the tTime. (People v. Cruz,
cause of the death of a person using the G.R. No.187047,June 15, 2011)
same in such den, dive, or resort (Sec. 6, R.A.
9165); Q: Is there a valid warrantless arrest in buy
7. In case the clandestine laboratory is bust operations?
undertaken or established under the
following circumstances: A: YES. There is a valid warrantless arrest
when a crime is actually being committed in the
a. Any phase of the manufat1:uring presence of the police officer, more known as
process was conducted in the presence crimes in flagrante delicu,. A buy-bust
or with the help of minor/s. operation is considered an entrapment in
b. Any phase of manufacturing process which the violator is caught in flagrante delicto
was established or undertaken within and the officers conducting such search has not
100 meters of a residential, business, only the authority but the duty to apprehend
church or school premises. the violator and to search him for anything that
may have been part of or used in the

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commission of the crime. (People v. Dela Cruz, coordination with the PDEA. (People v. Unisa,
G.R. No. 205414, April 4, 2016) G.R. No.185721, September 28, 2011)

The delivery of the contraband to the poseur­ NOTE: The Internal Rules and Regulations is
buyer and the receipt of the marked money silent as to the consequences of the failure on
consummate the buy-bust transaction between the part of the law enforcers to seek the
the entrapping officers and the accused. (People authority of the PDEA prior to conducting a
v. Fermin, G.R. Na.179344, August 3, 2011) buy-bust operation. This silence cannot be
interpreted as a legislative intent to make an
Purpose of using ultra violet powder arrest without the participation of PDEA illegal
or evidence obtained pursuant to such an arrest
The only purpose for treating with ultra-violet inadmissible. (People v. Sabad/ab, G.R. No.
powder the buy-bust money to be used in the 186392, January 18, 2012 reiterating People v.
actual buy-bust operation is for identification, Berdadera)
that is, to determine if there was receipt of the
buy-bust money by the accused in exchange for Q: Gabuya was caught selling illegal drugs
the illegal drugs he was selling. (People v. Unisa, through a buy-bust operation. He contends
G.R.No.18572, September 28, 2011) that be cannot be held guilty because the
failure of the buy-bust team to coordinate
The failure of the police officers to use with the Philippine Drug Enforcement
ultraviolet powder on the buy-bust money is Agency (PDEAJ, among others. Is bis
not an indication that the buy-bust operation contention meritorious?
was a sham. "The use of initiaJs to mark the
money used in a buy-bust operation has been A: NO. Coordination of the buy-bust operation
accepted by the courts.• (People v. Amansec, G.R. with the PDEA is not an indispensable element
No. 186131, December 14, 2011) of the crimes of illegal sale and possession of
dangerous drugs such as shabu; thus, it is not a
Priorsurveillance in huv-hust oneration nm fatal flaw. (People v. Gabuya, G.R. No. 195245,
anreceouisUe February 16, 2015)

Prior surveillance is not a prerequisite for the Presenratinn nfrhe infnrmanr fnr rnnviction
validity of an entrapment or a buy-bust underBA 9165 not essential
operation, there being no fixed or textbook
method for condut1:ing one. It is enough that The presentation of an informant in an illegal
the elements of the crime are proven by drugs case is not essential for the conviction
credible witnesses and other pieces of evidence. nor is it indispensable for a successful
(People v. Vil/ahermosa, G.R. No. 186465, June 1, prosecution because his testimony would be
2011) merely corroborative and cumulative. The
informant's testimony is not needed if the sale
Coordination with PPEA not an of the illegal drug has been adequately proven
indispensable requirement by the prosecution. In People v. Nicolas, the
Court ruled that "police authorities rarely, if
Absence of coordination with PDEA does not ever, remove the cloak of confidentiality with
render the buy bust operation invalid. In People which they surround their poseur-buyers and
v. Roa, the Supreme Court held that informers since their usefulness will be over
coordination with the PDEA is not an the moment they are presented in court.
indispensable requirement before police Moreover, drug dealers do not look kindly upon
authorities may carry out a buy-bust squealers and informants. It is understandable
operation. While it is true that Section 86 of why, as much as permitted, their identities are
Republic At1: No. 9165 requires the National kept secret." (People v. Amansec, G.R. No.
Bureau of Investigation, PNP, and the Bureau of 186131, December 14, 2011)
Customs to maintain "close coordination with
the PDEA on all drug related matters; the Ohiective restin ncovinehuv·hnst nnecatlnn
provision does not, by so saying, make PDEA's
participation a condition sine qua non for every In People v. Doria, the Court laid down the
buy-bust operation. After all, a buy-bust is just "objective test" in determining the credibility of
a form of an inflagrante arrest. A buy-bust prosecution witnesses regarding the conduct of
operation is not invalidated by mere non· buy-bust operations. It is the duty of the

UNIVERSITY OF SANTO TOMAS


365 FACULTY OF CIVIL LAW

CRIMINAL LAW

prosecution to present a complete picture and Essential Chemicals), Sec. 10


detailing the buy-bust operation- ·from the (Manufat1:ure or Delivery of
initial contact between the poseur·buyer and Equipment, Instrument, Apparatus,
the pusher, the offer to purchase, the promise and Other Paraphernalia for Dangerous
or payment of the consideration until the Drugs and/or Controlled Precursors
consummation of the sale by the delivery of the and Essential Chemicals), Sec. 13
illegal drug subject of sale." (People v. De la (Possession of Dangerous Drugs
Cruz, C.R. No.185717,June 8, 2011) During Parties, Social Gatherings or
Meetings), and Sec. 16 (Cultivation or
Failure to establish corpus delicti under R.A. Culture of Plants Classified as
il6S. Dangerous Drugs or are Sources
Thereof), Article II of R.A. 9165;
It is settled that the State does not establish the b. About any violation of the offenses
corpus delicti when the prohibited substance mentioned if committed by a drug
subject of the prosecution is missing or when syndicate; or
substantial gaps in the chain of custody of the c. Leading to the whereabouts, identities
prohibited substance raise grave doubts about and arrest of all or any of the members
the authenticity of the prohibited substance thereof.
presented as evidence in court. Any gap renders
the case for the State less than complete in 3. Willingly testifies against such persons as
terms of proving the guilt of the accused described above; Provided, that the
beyond reasonable doubt. (People v. Relato, C.R. following conditions concur:
No.173794,January 18, 2012)
a. The information and testimony are
IMMUNITY FROM PROSECUTION necessary for the conviction of the
AND PUNISHMENT persons described above;
b. Such information and testimony are
Pecsnns exemot kom nrosecutinn and not yet in the possession of the State;
punishment under R.A. 9165 c. Such information and testimony can be
corroborated on its material points;
Any person who: d. The informant or witness has not been
previously convicted of a crime
1. Has violated Sec. 7 (Employees and Visitors involving moral turpitude, except when
of a Den, Dive or Resort), Sec. 11 there is no other direct evidence
(Possession of Dangerous Drugs), Sec. 12 available for the State other than the
(Possession of Equipment, Instrument, information and testimony of said
Apparatus and Other Paraphernalia for informant or witness; and
Dangerous Drug), Sec. 14 (Possession of e. The informant or witness shall strictly
Equipment, Instrument, Apparatus and and faithfully comply without delay,
Other Paraphernalia for Dangerous Drugs any condition or undertaking, reduced
During Parties, Social Gatherings or
into writing, lawfully imposed by the
Meetings), Sec. 15 (Use of Dangerous
Drugs), and Sec. 19 (Unlawful Prescription State as further consideration for the
of Dangerous Drugs), Article II ofR.A. 9165. grant of immunity from prosecution
and punishment
2. Voluntarily gives information:
a. About any violation of Sec. 4 NOTE: Provided,further, that this immunity
(Importation of Dangerous Drugs may be enjoyed by such informant or
and/or Controlled Precursors and witness who does not appear to be most
Essential Chemicals), Sec. 5 (Sale, guilty for the offense with reference to
Trading, Administration, Dispensation, which his/her information or testimony
Delivery, Distribution and was given: Provided, finally, that there is no
Transportation of Dangerous Drugs direct evidence available for the State
and/or Controlled Precursors and except for the information and testimony of
Essential Chemicals), Sec. 6 the said informant or witness.
(Maintenance of a Den, Dive or Resort),
Sec. 8 (Manufacture of Dangerous Applicability ofRPC to R.A. 9165
Drugs and/or Controlled Precursors

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GR: The RPC shall NOT apply to this Act. moment of seizure until it is finally adduced in
evidence. (Castro v. People, G.R. No. 193379,
XPN: In cases of minor offenders where the August 15, 2011)
offender is a minor, the penalty for acts
punishable by life imprisonment to death shall Links that must be established in the chain
be reclusion perpetua to death. oca,stodv inahnx-hnst sinmrion

Plea-bargaining provision is In People v. Kamad (G.R. Na.174198,January 19,


HDCQ0S[ih1tlonal 2010), the Court acknowledged that the
following links must be established in the chain
Sec. 23 of RA. 9165 was declared of custody in a buy- bust situation:
unconstitutional for being contrary to the rule­
making authority of the Supreme Court. 1. The seizure and marking, if practicable, of
(Estipona v. Han. Labriga, G.R. No. 226679, the illegal drug recovered from the accused
AugustlS, 2017) by the apprehending officer;
2. The turnover of the illegal drug seized by
Prohibition on avamng the benefits of the apprehending officer to the
nrohafion law bx those roovicred fnr drue investigating officer;
traffiekineor nushine 3. The turnover by the investigating officer of
the illegal drug to the forensic chemist for
Any person convicted for drug trafficking or laboratory examination; and
pushing under R.A. 9165, regardless of the 4. The turnover and submission of the
penalty imposed by the court, cannot avail of marked illegal drug seized from the
the privileges granted by the Probation Law. forensic chemist to the court. (People v.
Marcelino, G.R. Na.189325,June 15, 2011)
CUSTODY AND DISPOSITION OF
CONFISCATED, SEIZED AND/OR What the law requires is "substantial" and not
SURRENDERED DANGEROUS DRUGS necessarily "perfect adherence" to the chain of
SEC. 21, R.A. 9165 custody rule as long as it can be proven that the
integrity and the evidentiary value of the seized
Person in-charee of confisrared �f'oi7:Ptt items were preserved as the same would be
and/orsurrendered daoeerons drues utilized in the determination of the guilt or
innocence of the accused. (People v. Piad, et al,
The PDEA shall take charge and have custody of G.R.Na.213607,January 25, 2016)
all dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential Q: Noah arrived at NAIA Terminal 1 from
chemicals, as well as Kenya. Upon inspection, Customs Examiner
instruments/paraphernalia and/or laboratory Landicho noticed that while the smaller bag
equipment so confiscated, seized and/or was empty, its Oap was hard and thick and
surrendered, for proper disposition. its sidings were suspidously padded and
had tampered stitches.
Chain of custody
In the exclusion room, Landicho examined
Dangerous Drugs Board Regulation No. 1, the bag before: (1) Noah; (2) three airport
Series of 2002, which implements R.A. 9165, employees; (3) Bureau of Customs Narcotics
defines chain of custody as "the duly recorded Group; (4) agents of the Philippine Drug
authorized movements and custody of seized Enforcement Agency; and (5) other
drugs or controlled chemicals or plant sources government officers. The inspection
of dangerous drugs or laboratory equipment of revealed seven rectangular packages,
each stage, from the time of wrapped in vacuum-sealed aluminum foil,
seizure/confiscation to receipt in the forensic on which Landicho affixed his initials and
laboratory to safekeeping to presentation in signature. Landicho then prepared an
court for destruction." (People v.Alejandra, G.R. Inventory Report with several witnesses
No.176350, August 10, 2011) including the Anti-Narcotics Group.
Landicho then turned over the Inventory
NOTE: Ideally, the custodial chain would Report, along with Noah's personal
include testimony about every link in the chain b elongings, to the Philippine Drug
or movements of the illegal drug from the

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Enforcement Agency and Customs Task Crucial stage in the chain or custody under
Force. BA 9165
In addition, there were pictures showing Crucial in proving chain or custody is the
Noah with Landicho and other witnesses marking or the seized drugs or other related
were taken during the field-testing. items immediately after they are seized from
marking. and inventory. The seized items the accused. Marking after seizure is the
were brought to a forensic chemist for starting point in the custodial link; thus, it is
laboratory examinations. The test results vital that the seized contrabands are
showed that the seized items contained immediately marked because succeeding
shabu. Is there an unbroken chain or handlers or the specimens will use the markings
custody or the drug seized from the accused? as reference. The marking of the evidence
serves to separate the marked evidence from
A: YES. The four links or chain or custody or the corpus or all other similar or related
evidence were proven: (1) Landicho seized and evidence from the lime they are seized from the
marked the shabu obtained from accused­ accused until they are disposed or at the end or
appellant; (2) he turned them over to Agent criminal proceedings, obviating switching,
Fajardo; (3) Agent Fajardo delivered them to "planting,.. or contamination of evidence.
Forensic Chemist Arcos; and (4) from the (People v. Manta/aha, G.R. No. 186227, July 20,
Philippine Drug Enforcement Agency, the drugs 2011)
were presented in court. There was an
unbroken chain or custody or the seized shabu Marking
from the time or its discovery up to its
presentation in court. (Peoples v. Noah, G.R. No. The placing by the apprehending officer or the
228880, March 6, 2019, as penned by/. Leanen) poseur-buyer or his/her initials and signature
on the items seized. Long before Congress
Q: After laboratory examination or the passed R.A. 9165, the Supreme Court has
seized sachets or marijuana by the forensic consistently held that failure or the authorities
chemist, the PNP Crime Laboratory agreed to immediately mark the seized drugs casts
to turn over custody or the seized items to reasonable doubt on the authenticity or the
an unnamed receiving person at the City corpus delicti. Marking after seizure is the
Prosecutor's Office before they were starting point in the custodial link; hence, it is
submitted as evidence to the trial court. Is vital that the seized contraband be immediately
there compliance to the fourth link in the marked because succeeding handlers or the
chain or custody? specimens will use the markings as reference.
(People v. Dela Cruz, G.R. No. 176350, August 10,
A: NO. The fourth link is the turnover and 2011)
submission or the marked illegal drug seized
from the forensic chemist to the court. It should NOTE: In Sanchez, the Court explained that
be emphasized that the City Prosecutor's Office consistency with the chain or custody rule
is not. nor has it ever been, a part of the chain of requires that the marking or the seized items be
custody or seized dangerous drugs. It has done:
absolutely no business in taking custody or
dangerous drugs before they are brought 1. In the presence or the apprehended
before the court. (People v. De Guzman, G.R. No. violator; and
219955, February 5, 2018) 2. Immediately upon confiscation.

While the procedure on the chain or custody In People v. Resurreccion� it was ruled that
should be perfect and unbroken, in reality, it is "marking upon immediate confiscation" does
almost always impossible to obtain an not exclude the possibility that marking can be
unbroken chain. Thus, failure to strictly comply at the police station or office or the
with Section 21(1), Article II or R.A. No. 9165 apprehending team. (People v. Dela Cruz, G.R.
does not necessarily render an accused No.176350, August 10, 2011)
person's arrest illegal or the items seized or
confiscated from him inadmissible. (Saraum v. Q: Bombasi was caught selling illegal drugs
People, GR No. 205472,January 25, 2016) through a buy-bust operation. Police
marked the sachet subject or the sale with
"MB," corresponding to Bomabasi's initials.

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However, the spedmen brought to PNP Comprehensive Dangerous Drugs Act, cannot
Crime Laboratory was marked "MB-8." be the basis of a finding of guilt. By failing to
Bombasi claims that the integrity of the establish identity of corpus delicti, non­
subject shabu was not ensured and its compliance with Section 21 indicates a failure
identity was not established with moral to establish an element of the offense of illegal
certainty. Can he be held liable of sale of sale of dangerous drugs. It follows that this
illegal drugs? non-compliance suffices as a ground for
acquittal. (Lescano v. People, GR Na. 214490,
A: NO. The prosecution failed to establish the January 13, 2016)
identity of the prohibited drug which
constitutes the corpus delicti of the offense, an Strict compliance with Section 21
essential requirement in a drug-related case.
The Court therefore finds that the prosecution Q: Two informations were filed charging
has not been able to prove the guilt of appellant Castillo for violation of R.A. 9165, Article II,
beyond reasonable doubt. The presumption of Sections 5 and 11, for the illegal sale and
regularity in the performance of official duty illegal possession of dangerous drugs. The
invoked by the prosecution and relied upon by information alleged that in a buy-bust
the courts a quo cannot by itself overcome the operation, four (4) plastic sachets
presumption of innocence nor constitute proof containing suspected shabu were retrieved
of guilt beyond reasonable doubt. (People v. from castillo/ The officers then brought the
Bombasi G.R. Na. 211608, September 7, 2016) items inside their vehicle, which was still
parked near the place of arrest.
Persons who must be present during
ohvsiral ioveorocx and nb01oeraohx of the There, SP02 Yema marked the plastic sachet
seized items subject of the buy-bust Afterwards, the
officers brought Castillo to the Police
1. Accused or the person/s from whom such Station. There, the seized items were
items were confiscated and/or seized; OR photographed along with the marked money
2. His/her representative or counsel; WITH and Castillo. The seized items were also
3. An elected public official AND inventoried, as witnessed by the
4. A representative of the National Department of Justice representative,
Prosecution Service OR the media. (Sec. Barangay Chair, SP02 Yema, and Castillo,
21(1), R.A 9165 as amended by R.A.10640) who all signed the Certificate of lnventory.

Q: In a buy-bust operation, Lescano was In his defense, Castillo pointed out supposed
caught dealing marijuana. He was then gaps in the chain of custody, including.
brought to the City Anti-Illegal Drug Spedal among others, irregularities in the seized
Operation Team (CAIDSOT) office for items' marking and the belated presence of
investigation. Inside the CAIDSOT office, an the Department of Justice representative,
inventory was allegedly conducted and only arriving at the police station when the
photographs of the marked money and the inventory had already been prepared. The
sachet were taken. Was Section 21 (1) of the RTC nevertheless convicted Jayson as
Comprehensive Dangerous Drugs Act charged. Has Castillo's guilt for violation of
complied with? R.A. 9165 been established beyond
reasonable doubt?
A: NO. While an inventory was supposed to
have been conducted, this was done neither in A: NO. There remains reasonable doubt on
the presence of Lescano, the person from whom Castillo's guilt for the crimes charged. Section
the drugs were supposedly seized, nor in the 21 plainly requires the apprehending team to
presence of his counsel or representative. conduct a physical inventory of the seized items
and the photographing of the same immediately
Likewise, not one of the persons required to be after seizure and confiscation, the inventory
present (an elected public official, and a must be done in the presence of the accused, his
representative of the National Prosecution counsel, or representative, a representative of
Service or the media) was shown to have been the DOJ, the media, and an elected public
around during the inventory and official, who shall be required to sign the copies
photographing. The mere marking of seized of the inventory and be given a copy thereof.
items, done in violation of the safeguards of the The presence of the three witnesses must be

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secured not only during the inventory but more accomplished at the place of arrest. When
importantly at the time of the warrantless this is impracticable, the Implementing Rules
arrest. and Regulations of Republic Act No. 9165
allows for two (2) other options: at the nearest
It is at this point in which the presence of the police station or at the nearest office of the
three witnesses is most needed, as it is their apprehending officer/team, whichever is
presence at the time of seizure and confiscation practicable, in case of warrantless seizures.
that would belie any doubt as to the source, To sanction non·compliance, the prosecution
identity, and integrity of the seized drug. Here, must prove that the inventory was condutted in
the absence of witnesses during seizure and either practicable place.
marking casts reasonable doubt on the actual
origin and identity of the drugs introduced in The physical inventory and photographing of
evidence as those allegedly seized from the drugs seized was not done in the place of
accused-appellant. Ultimately, this same arrest, but was done in Camp Karingal, which
absence casts reasonable doubt on accused· was impractical since it was 17 kilometers car
appellant's guilt for the offenses with which he ride away from the place of arrest. The clerical
is charged. (People v. Castillo, C.R. No. 238339, errors and discrepancies in the inventory
August 7, 2019, as penned by/. Leanen) receipt and the chemistry report cannot be
dismissed since they cast doubt as to the origin
Q: Banding was arrested at Mercury Drug of the drug seized. (People v. Banding, C.R. No.
Store Lagro branch in Quezon City for illegal 2333470, August 14, 2019, as penned by /.
sale of dangerous drugs (Section 5, RA. Leanen)
9165). The dangerous drugs sachets
containing white crystalline substance were In the case of People of the Philippines v. Ramos,
marked by PO2 lnway with AB-20-09-10. To the Supreme Court ruled that the witnesses'
avoid the on-going commotion in the area, absence at the time of seizure is not a justifiable
the team proceeded to Camp Karingal which ground for not immediately marking the items,
is 17 kilometers car ride away from the since they should have, at the onset, been
place of arrest. present or near the place of seizure. Since the
law requires the apprehending team to conduct
There, physical inventory and the inventory in front of the required witnesses
photographing required under Sec. 21 of and immediately after seizure, this necessarily
R.A. 9165 was conducted in the presence of means that. in buy·bust operations, the
Banding, the buy-bust team, and a media required witnesses must be present at the time
representative. After the inventory, P03 of seizure. (G.R. No. 225335, August 28, 2019, as
Corona prepared the inventory receipt for penned by/. Leanen)
•a sachet containing marijuana fruiting
tops." This was submitted to the QCPD Crime "Immediately after seizure and confiscation"'
Laboratory. Banding was later on charged
with violation of Section 5 of R.A. 9165. It means that the physical inventory and
Banding argues that he cannot b e convicted photographing of the drugs were intended by
due to lapses in the chain of custody of the the law to be made immediately alter or at the
drugs seized. can Banding be held place of apprehension. It is only when the same
criminally liable under Section 5 of RA. is not practicable that the law allows the
9165? inventory and photographing to be done as
soon as the buy-bust team reaches the nearest
A: NO. Banding cannot be convicted under police station or the nearest office of the
Section 5 of RA. 9165 due to the lapses in the apprehending team/officer.
chain of custody procedure required under
Section 21 of the same law. Section 21 requires Q: In the morning of July 26, 2003, an
strict compliance. The accuracy it requires goes informant reported that a person identified
into the covertness of buy-bust operation and as "Joshua," later identified as Que, was
the very nature of narcotic substance. selling shabu. Acting on this report, P/C
lnsp. Muksan organized a buy-bust
From the language of Section 21, the mandate operation with PO3 Lim as poseur-buyer.
to conduct inventory and take photographs PO3 Lim and the informant then left for the
"immediately after seizure and confiscation· area of Fort Pilar. There, the informant
necessarily means that these shall be introduced PO3 Lim to Que. PO3 Lim then

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told Que that he intended to purchase Pl00 Citing People v. Que, what is critical in drug
worth of shabu. Que then handed him shabu cases is not the bare conduct of the inventory,
inside a plastic cellophane. In turn, P03 Um marking, and photographing. Instead, it is the
handed Que the marked Pl00 bill and gave certainty that the items allegedly taken from
the pre-arranged signal to have Que the accused retain their integrity, even as they
arrested. After the arrest, the marked bill make their way from the accused to a officer
and another sachet of shabu were recovered effecting the seizure, to an investigating officer
from Que. The marking of the sachets of to a forensic chemist, and ultimately. to courts
shabu supposedly obtained from accused­ where they are introduced as evidence. Sec.
appellant was conducted at a police station 21(1)'s requirements are designed to make the
without accused-appellant, or any person first and second links foolproof. Condutting the
representing him, around. There was not inventory and photographing immediately after
even a third person, whose presence was seizure, exactly where the seizure was done, or
required b y Section 21 (1) prior to its at a location as practicably close to it,
amendment - "a representative from the m1mm1zes, if not eliminates, room for
media and the Department of Justice (DOI), adulteration or planting of evidence. (People v.
and any elected public official." Banding, supra)

Que was then brought to the police station Justifiable reasons fnr non-comaHance on
where the sachets of shabu and the marked the Chain of Custody Rule
bill were turned over to the investigator,
SP04 Tubo, who then marked these items Minor deviations from the chain of custody rule
with his initials. This case merely involves is justified when;
0.0157 grams and 0.0783 grams of alleged
shabu. He also prepared the letter request 1. Lapses in procedure were recognized and
for laboratory examination of the sachets' explained in terms of their justifiable
contents. P/C lnsp. Diestro recounted their grounds; AND
office's receipt of a request for laboratory 2. There is showing that the police officers
examination of the contents of two (2) intended to comply with the procedure, but
plastic sachets. She noted that these were thwarted by some justifiable
contents tested positive for shabu. Did the consideration or reasons. (People v.
law enforcers ensure the integrity of Umipang, C.R. No. 190321, April 25, 2012)
the corpus delicti?
Q: In the crime of illegal possession of
A: NO. The prosecution here failed to account dangerous drugs, is the failure of the
for the intervening period between the policemen to make a physical inventory and
supposed handover of the sachet from accused­ to photograph the two plastic sachets
appellant to P03 Lim, to the marking of the containing shabu render the confiscated
sachets by SP04 Tubo. Likewise, it absolutely items inadmissible in evidence?
failed to identify measures taken during transit
from the target area to the police station to A: NO. In People v. Bralaan, it was ruled that
ensure the integrity of the sachets allegedly non-compliance by the apprehending/buy-bust
obtained and to negate any possibility of team with Sec. 21 is not fatal as long as there is
adulteration or substitution. justifiable ground therefore, and as long as the
integrity and the evidentiary value of the
Well-entrenched in jurisprudence is the rule confiscated/seized items, are properly
that the conviction of the accused must rest, not preserved by the apprehending officer/team.
on the weakness of the defense, but on the Its non-compliance will not render
strength of the prosecution. Since, there is no an accused's arrest illegal or the items
showing that a proper inventory and taking of seized/confiscated from him inadmissible.
pictures was done by the apprehending officers,
the Court is left with absolutely no guarantee of What is of utmost importance is the
the integrity of the sachets other than the self­ preservation of the integrity and the
serving assurances of P03 Lim and SPOl evidentiary value of the seized items, as the
jacinto. (People v. Que, C.R. No. 212994,Jonuary same would be utilized in the determination of
31, 2018, as penned by]. Leonen) the guilt or innocence of the accused. (lmson v.
People, C.R. No.193003,July 13, 2011)

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In cases of dangerous drugs, what is important established to have not been broken and the
and necessary is for the prosecution to prove prosecution did not fail to identify properly the
with moral certainty ·that the dangerous drug drugs seized, it is not indispensable that each
presented in court as evidence against the and every person who came into possession of
accused be the same item recovered from his the drugs should take the witness stand.
possession." (People v. Bautista, G.R. No. 191266, (People v. Amonsec, G.R. No. 186131, December
June 6, 2011) 14, 2011)

Q: As a rule, non-compliance by the Q: SP01 Calupit and P02 Lobrin acted as key
apprehending/buy-bust team with Sec. 21 of persons to the search conducted at the
R.A. 9165 is not fatal as long as there is house of accused Derilo. The testimonies
justifiable ground therefore, and a s long as given by them are bereft of any evidence
the integrity and the evidentiary value of the that show that the plastic sachets
confiscated/seized items, are properly supposedly containing the shabu were ever
preserved by the apprehending marked, whether at the scene or at the
officer/team. When will this provision not police station, and that they were marked in
apply? the presence of the petitioner. Additionally,
the Chemistry Report and the Certification
A: If there were not merely trifling lapses in the of Laboratory Examination show
handling of the evidence taken from the inconsistencies with regard to the
accused but the prosecution could not even referenced markings on the plastic sachets
establish what procedure was followed by the and to the weight of the drug spedmens.
arresting team to ensure a proper chain of Thus, Derilo contended that he should not
custody for the confiscated prohibited drug, be convicted for the manifest
(People v. Ulot G.R. No. 180504,October 5, 2011) inconsistencies in the testimonies and
failure to preserve the links in the unbroken
The madsioeolace heinea"Mndimarea"' chain of custody. Is he correct?
notainstifiahle ernnnd fnr non-comoliance
A: YES. To show an unbroken link in the chain
In the case of People v. Abduloh, the marking of of custody, the prosecution's evidence must
the seized drugs was not done immediately include testimony about every link in the chain,
after accused-appellant's arrest. In his own from the moment the item was seized to the
words, PO3 Temporal revealed that the team time it is offered in court as evidence, such that
decided to mark and inventory the items at the every person who handled the evidence would
barangay hall after deeming the target area to acknowledge how and from whom it was
be unsafe, it being '"a Muslim area". To sustain received, where it was and what happened to it
the police officers' equating of a so-called while in the witness' possession, the condition
"Muslim area'" with dangerous places does not in which it was received and the condition in
only approve of a hollow justification for which it was delivered to the next link in the
deviating from statutory requirements, but chain. The same witness would then describe
reinforces outdated stereotypes and blatant the precautions taken to ensure that there had
prejudices. lslamophobia, the hatred against the been no change in the condition of the item and
Islamic community, can never be a valid reason no opportunity for someone not in the chain to
to justify an officer's failure to comply with have its possession.
Section 21 of Republic Act No. 9165. (G.R. No.
243941, Morch 11, 2020, as penned by J. It is from the testimony of every witness who
Leanen) handled the evidence from which a reliable
assurance can be derived that the evidence
No need fnr evervone who came intn rnnracr presented in court is one and the same as that
with the seized drugs to testify in court seized from the accused. (Deri/o v. People, G.R.
No. 190466, April 18,2016)
There is no need for everyone who came into
contact with the seized drugs to testify in court. Q: Pamela, a high school student, was caught
There is nothing in R.A. 9165 or in its using shabu inside the campus of the school
implementing rules which requires that each she is attending. Who shall have the
and everyone who came into contact with the authority to apprehend her?
seized drugs to testify in court. As long as the
chain of custody of the seized drug was clearly

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A: All school heads, supervisors and teachers duty required by law; where the official act is
are deemed persons in authority and irregular on its face_. the presumption cannot
empowered to apprehend, arrest or cause the arise. (People v. Ho/gado, C.R. No. 207992,
apprehension or arrest of any person who shall August 11, 2014, as penned by]. Leanen)
violate any of the said provisions of Article II of
Dangerous Drugs Act, pursuant to Section 5, tnstaoces when the school beads
Rule 113 of the Rules of Court. (Sec. 44, IRR of snoervisocs and reacbecs deemed to he
R.A. 9165) persons in authority in the apprehension,
arrest or cause of arrest of necson violarine
Q: POl Aure (poseur-buyer) and an the Act
informant, approached Holgado. Holgado
asked the informant if be was buying drugs. They shall be deemed persons in authority if
The informant introduced POl Aure as a they are in the school or within its immediate
drug user. POl Aure then banded Holgado vicinity, or even beyond such immediate
two marked Php 100 bills. Holgado called vicinity if they are in attendance at any school
Misarez. Misarez stepped out of the or class function in their official capacity as
restroom and banded a plastic sachet school heads, supervisors, and teachers. (Sec.
containing a white crystalline substance to 44, IRR of R.A. 9165)
POl Aure. POl Aure examined the sachet's
contents and took out bis cellphone which Duties of school heads. supervisors, and
was the pre-arranged signal that the sale of teachers if rhev caneht a nersno xinlatioe
drugs bad been consummated. The police the ncnvisinosnfRA 9165
op eratives then approached POl Aure and
apprehended Holgado and Misarez. PO3 1. They shall affett the arrest of any person
Abuyme prepared an inventory of the seized violating Article II of the Act and turn over
items. POl Aure supposedly marked the the investigation of the case to the PDEA;
plastic sachet banded to him by Misarez at 2. They may summon the services of other
the site of the buy-bust operation. Following law enforcement agencies to arrest or
their arrest, Holgado and Misarez were cause the apprehension or arrest of
charged with violating Secs. 5 (sale of persons violating Article II of the Act;
dangerous drugs), 11 (possession of 3. They shall be trained on arrest and other
dangerous drugs), and 12 (possession of legal procedures relative to the conduct of
drug paraphernalia) ofR.A. No. 9165. arrest of violators of the Act along with
student leaders and Parents Teachers
RTC found Holgado and Misarez guilty of Association (PTA) officials; and
illegal sale of dangerous drugs and 4. They shall refer the students or any other
acquitted them of the charges pertaining to violators found to be using dangerous
Sec. 11 as the drugs supposedly seized were drugs to the proper agency/office. (Sec. 44,
not introduced in evidence. Holgado, was IRRofR.A. 9165)
also acquitted of the charges relating to Sec.
12 of as the paraphernalia to which PO2 Promotion of "'drug-free workplaces"'
Castulo testified to in court were different
from those indicated in the inventory The drug-free workplaces are promoted by:
supposedly made. CA affirmed the
conviction. Is the presumption of regularity 1. A National Drug-Free Workplace Abuse
in the performance of duties applicable in Prevention Program shall be formulated by
this case? a tripartite Task Force composed of
representatives from the DOLE, workers'
A: NO. The presumption of regularity in the and employers' groups.
performance of duties cannot be applied in this 2. The Secretary of the DOLE shall issue a
case. Given the flagrant procedural lapses the Department Order creating a Task Force
police committed in handling the seized shabu consisting of tripartite and other agencies
and the obvious evidentiary gaps in the chain of to formulate policies and strategies for the
its custody, a presumption of regularity in the purpose of developing a National Action
performance of duties cannot be made in this Agenda on drug abuse prevention in the
case. The presumption applies when nothing in workplace. Pursuant to the declared policy
the record suggests that the law enforcers of the State and the national workplace
deviated from the standard conduct of official policy, the DOLE shall issue a Department

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Order (DO) requiring all private companies It is required that all labor unions, federations,
to adopt and implement drug abuse associations, or organizations in cooperation
prevention programs in the workplace, with the respective private sector partners shall
including the formulation of company include in their collective bargaining or any
policies. similar agreements, joint continuing programs
3. Pursuant to the functions of the Board and information campaigns for the laborers
under Section 81 (a) of the Act, the existing similar to the programs provided under Section
Civil Service rules and policies needed to 47 of the Act with the end in view of achieving a
respond to drug abuse in the public sector drug-free workplace. (Sec. 49, /RR ofR.A. 9165)
shall be adopted. (Sec.47, /RR ofR.A. 9165)
Procedure to he followed in abatement of
Guidelines toe the National Dn,e-fcee drne related nnhJicmlisaoces
Workplace Program to be formulated by the
Board and the DOl:E Any place or premises which have been used on
two or more occasions as the site of the
1. All private sector organizations with ten unlawful sale or delivery of dangerous drugs, or
(10) or more personnel shall implement a used as drug dens for pot sessions and other
drug abuse prevention program. similar activities, may be declared to be a public
nuisance, and such nuisance may be abated,
a The workplace program shall include pursuant to the following procedures:
advocacy and capability building and
other preventive strategies including 1. Any city or municipality may, by ordinance,
but not limited to: company policies, create an administrative board to hear
training of supervisors/managers, complaints regarding the nuisances, to be
employee education, random drug composed of the following:
testing, employee assistance program,
and monitoring and evaluation; a. City/Municipal Health Officer as
b. The workplace program shall be chairperson;
integrated in the safety and health b. City/Municipal Legal Officer as
programs. member, provided that in
cities/municipalities with no Legal
2. DOLE and labor and employers' groups Officer, the City/Municipal
shall also encourage drug-free policies and Administrator shall act as member; and
programs for private companies with nine c. The Local Chief of Police as member.
(9) workers or less.
3. Any officer or employee found positive for 2. Any employee, officer, or resident of the
use of dangerous drugs shall be dealt with city or municipality may bring a complaint
administratively which shall be a ground before the administrative board after
for suspension or termination, subjec.t to giving not less than three (3) days written
the provisions of Article 282 of Book VI of notice of such complaint to the owner of
the Labor Code. the place or premises at his/her last known
4. Private sector organizations may extend address;
the drug education program to the 3. Within three (3) days from receipt of the
employees/personnel and immediate complaint, a hearing shall then be
families to contribute in the promotion of a conducted by the administrative board,
healthy drug-free family, community and with notice to both parties, and the
society. administrative board may consider any
5. All private sector organizations shall evidence submitted, including evidence of
display in a conspicuous place a billboard general reputation of the place or premises;
or streamer with a standard message of 4. The owner/manager of the premises or
"THIS IS A DRUG-FREE WORKPLACE: LET'S place shall also be given an opportunity to
KEEP IT THIS WAY!" or such other present any evidence in his/her defense;
messages of similar import. (Sec. 48, IRR of 5. After hearing, the administrative board
R.A. 9165) may declare the place or premises to be a
public nuisance; and
Inclusion of workplace drug abuse policies 6. The hearing shall be terminated within ten
and programs as part of CBA (10) days from commencement. (Sec. 52,
/RR ofR.A. 9165)

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Persons sbarine the cnsr of treatment and shall be signed within sixty (60) days after
rehahmtation of a dn,e deoendent who approval of this IRR. (Sec. 75, /RR of R.A
volnnrarilv submitted himself 9165)

The parent. spouse, guardian, or any relative PROGRAM FOR TREATMENT AND
within the fourth degree of consanguinity of REHABILITATION OF
any person who is confined under the voluntary DRUG DEPENDENTS
submission program or compulsory submission (ARTICLE VIII)
program shall share the cost of treatment and
rehabilitation of a drug dependent. (Sec. 74, /RR Submission for treatment and rehabilitatjon
ofR.A 9165) of a drug dependent who is found guilty of
the use nfdn,es
If the deoendent bas no nacent soonse
guardian or relative within fourth deg·ree of A drug dependent who is found guilty of the use
cnosaneuinitv of dangerous drugs may voluntarily submit
himself for treatment and rehabilitation. The
In case a dependent has no parent. spouse, drug dependent may, by himself/herself or
guardian or relative within the fourth degree of through his/her parent, spouse, guardian or
consanguinity, his/her rehabilitation shall be relative within the fourth degree of
through the auspices of any government consanguinity or affinity, apply to the Board or
rehabilitation center. (Sec. 74, /RR ofR.A 9165) its duly recognized representative. for
treatment and rehabilitation of the drug
Factors in determining costs for the sharing dependency.
in cost nftreatmeotand rehabilitation
Upon such application, the Board shall bring
1. Family income; forth the matter to the Court which shall order
2. Capacity of the province/city/municipality that the applicant be examined for drug
based on their income classification; and dependency. (Sec. 54, R.A 9165)
3. The cost of treatment and rehabilitation
based on a center's facilities, programs and Comnulsncx confinement
services (Sec. 74, /RR ofR.A 9165).
Notwithstanding any law, rule and regulation to
If rhe famHx income is within the oovertv the contrary, any person determined and found
threshold to be dependent on dangerous drugs shall,
upon petition by the Board or any of its
A family whose income is within poverty authorized representative. be confined for
threshold shall be fully subsidized by the treatment and rehabilitation in any Center duly
government. (Sec. 74, /RR of R.A 9165) designated or accredited for the purpose.

Duties of OOH in the treatment and A petition for the confinement of a person
rehabilitation of drug dependent alleged to be dependent on dangerous drugs to
a Center may be filed by any person authorized
1. Formulate standards and guidelines for the by the Board with the Regional Trial Court of
operation and maintenance of all treatment the province or city where such person is
and rehabilitation centers nationwide; found. (Sec. 61, R.A 9165)
2. Develop a system for monitoring and
supervision of all drug rehabilitation Ienerh of confinement fnr rceatment and
centers nationwide; rehabilitation by the drug dependent
3. Create programs which will advocate for
the establishment of LGU-assisted Confinement in a Center for treatment and
rehabilitation facilities in each province; rehabilitation shall not exceed one (1) year,
4. Submit to the Department of Budget and after which time the Court, as well as the Board,
Management (DBM) a budget for the shall be apprised by the head of the treatment
establishment, and operation of drug and rehabilitation center of the status of said
rehabilitation centers; and drug dependent and determine whether further
5. Facilitate the turn-over of all the confinement will be for the welfare of the drug
rehabilitation centers from the PNP and dependent and his/her family or the
NBI thru a Memorandum of Agreement that community. (Sec. 54, R.A 9165)

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Exemption from criminal liability of a drug material interest in any transaction


deuendent who is under the volunracx requiring the approval of their office. (Sec.
submission nroecam and ,moo release from 7, R.A 6713)
confinement in the center
2. Outside employment and other
1. He/she has complied with the rules and activities related thereto
regulations of the center, the applicable
rules and regulations of the Board, a. Own, control, manage, or accept
including the after-care and follow-up employment as officer, employee,
program for at least eighteen (18) months consultant, counsel, broker, agent,
following temporary discharge from trustee, or nominee in any private
confinement in the Center; enterprise regulated, supervised, or
2. He/she has never been charged or licensed by their office unless expressly
convicted of any offense punishable under allowed by law;
this Att, the Dangerous Drugs Act of 1972 b. Engage in the private practice of their
or Republic Act No. 6425, as amended; the profession unless authorized by the
Revised Penal Code, as amended, or any Constitution or law, provided, that such
special penal laws; practice will not conflict or tend to
3. He/she has no record of escape from a conflict with their official functions; or
Center; or c. Recommend any person to any
4. He/she poses no serious danger to position in a private enterprise which
himself/herself, his/her family or the has a regular or pending official
community by his/her exemption from transaction with their office.
criminal liability. (Sec. 55, R.A 9165)
These prohibitions shall continue to apply for a
period of one (1) year after resignation,
retirement. or separation from public office,
CODE OF CONDUCT AND FfHICAL
except in the case of subparagraph ii. (Sec. 7,
STANDARDS FOR PUBLIC
RA 6713)
OFFICIALS AND EMPLOYEES
R.A.6713
3. Disclosure and/or misuse of
confidential information

PuhHcOfficial Public officials and employees shall not use or


divulge, confidential or classified information
Includes elective and appointive officials and officially known to them by reason of their
employees, permanent or temporary, whether office and not made available to the public,
in the career or non-career service, including either:
military and police personnel, whether or not
they receive compensation, regardless of a. To further their private interests, or
amount. (Sec. 3, R.A 6713) give undue advantage to anyone; or
b. To prejudice the public interest. (Sec. 7,
NORMS OF CONDUCT RA 6713)
1. Commibnent to public interest; 4. Solicitation or acceptance of gifts
2. Professionalism;
3. Justness and sincerity; Public officials and employees shall not solicit
4. Political neutrality; or accept. directly or indirectly, any gift.
5. Responsiveness to the public; gratuity. favor, entertainment. loan, or anything
6. Nationalism and patriotism; of monetary value from any person in the
7. Commibnent to democracy; and course of their official duties or in connection
8. Simple living. (Sec.4, R.A 6713) with any operation being regulated by, or any
transaction which may be affected by the
PROHIBITED ACTS functions of their office. (Sec. 7, R.A. 6713)

1. Financial and material interest Elements

Public officials and employees shall not, a. Accused is a public official or employee;
directly or indirectly, have any financial or

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b. Accused solicited or accepted any loan or than nominal vaJue if such acceptance is
anything of monetary value from any appropriate or consistent with the interests
person; and of the Philippines, and permitted by the
c. Said act was done in the course of the head of office, branch or agency to which he
accused's official duties or in connection belongs. (Sec. 7, R.A. 6713)
with any operation being regulated by, or
any transaction which may be affected by STATEMENTS AND DISCLOSURE
the functions of his office. (Villanueva v.
People, G.R. No. 237738,June 10, 2019) GR: All public officials and employees shall file
under oath their Statement of Assets, Liabilities
Q: Commissioner Marian Torres of the and Net Worth and a Disclosure of Business
Bureau of Internal Revenue wrote Interests and Financial Connections and those
solicitation letters addressed to the Filipino­ of their spouses and unmarried children under
Chinese Chamber of Commerce and Industry eighteen (18) years of age living in their
and to certain CEOs of various multinational households. (Sec. 8, R.A. 6713)
corporations requesting donations of gifts
for her office Christmas party. She used the XPNs:
Bureau's official stationery. The response 1. Those who serve in an honorary
was prompt and overwhelming so much so capacity; and
that Commissioner Torres' office was 2. Laborers and casual or temporary
overcrowded with rice cookers, radio sets, workers. (Sec. 8, R.A. 6713)
freezers, electric stoves and toasters. Her
staff also received several envelopes Statements of Assets and Liabilities and
containing cash money for the employees' Financial Pisdnsnre
Christmas luncheon. Has Commissioner
Torres committed any impropriety or The two documents shall contain information
irregularity? What laws or decrees did she on the following:
violate? (2006 BAR)
1. Real property, its improvements,
A: YES Commissioner Torres committed an acquisition costs, assessed value and
impropriety. She violated Sec. 7(d) ofR.A. 6713 current fair market value;
otherwise known as the "Code of Condutt and 2. Personal property and acquisition cost;
Ethical Standards for Public Officials and 3. All other assets such as investments, cash
Employees.• Sec. 7(d) mandates that public on hand or in banks, stocks, bonds, and the
officials and employees shall not solicit or like;
accept directly or indirectly any gift. favor, 4. Liabilities; and
entertainment, loan or anything of monetary 5. All business interests and financial
value from any person in the course of her connections. (Sec. 8, R.A. 6713)
official duties or any transaction which may be
affected by the functions of their office. Q: X was charged for violation of Section 8 of
R.A. 6713 for failure to disclose in her SALN
Gift/Grant from Foreig·n Governments for the years 2004 and 2005 certain time
deposits with ABC Credit Corporation. In her
Congress consents to: defense, while X admitted that the imputed
amounts on the subject time deposits were
1. The acceptance and retention by a public not specifically stated in her SALN for the
official or employee of a gift of nominal years 2004 and 2005, she nonetheless
value tendered and received as a souvenir declared the initial capital thereof as an
or mark of courtesy; asset in the SALN. She honestly believed
2. The acceptance by a public official or then that the interest on said deposits may
employee of a gift in the nature of a only be declared when the certificates of
scholarship or fellowship grant or medical time deposit were converted into cash. Is X
treatment; or liable for violating pertinent provisions on
3. The acceptance by a public official or SALN submission?
employee of travel grants or expenses for
travel taking place entirely outside the A: YES. Section 8 ofR.A. 6713 provides that "all
Philippine (such as allowances, other assets such as investments, cash on hand
transportation, food, and lodging) of more or in banks, stocks, bonds, and the like," should

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be declared by the public official in his or her 7. All other public officials and employees,
SALN. In this case, however, it was established, defined in R.A. 3019, as amended, with the
through X's admission, that she only declared Civil Service Commission. (Sec. 8, R.A
the original amount of her time deposits in her 6713)
SALN for the years 2004 and 2005, and did not
disclose the interests which had eventually Jdeotificationand diSflosure of relatives
accrued on the same. Accordingly, X fell short of
the legal requirement under Settion 8 of RA It shall be the duty of every public official or
6713 and thus should be held administratively employee to identify and disclose, to the best of
liable for said infraction. (Morquez, eta/. v. his knowledge and information, his relatives in
Ovejera, AM. Na. P-11-2903, February 5, 2014) the Government in the form, manner and
frequency prescribed by the Civil Service
When documents are to be filed: Commission. (Sec. 8, R.A 6713)

1. Within thirty (30) days after assumption Probihifed Acrs


of office;
2. On or before April 30, of every year It shall be unlawful for any person to obtain or
thereafter; and use any statement filed under this Act for:
3. Within thirty (30) days after separation
from the service. (Sec. 8, R.A. 6713) 1. Any purpose contrary to morals or public
policy; or
Not applicable to the separate property of 2. Any commercial purpose other than by
public official's spouse news and communications media for
dissemination to the general public. (Sec. 8,
The requirement under R.A. 6713 and similar R.A. 6713)
laws that the sworn statement of assets,
liabilities, and net worth (SALN) to be filed by DIVESTMENT
every government official must include assets,
liabilities, and net worth of the spouse of the The transfer of title or disposal of interest in
filer is construed not to include the assets, property by voluntarily, completely and
liabilities, and net worth of spouses whose actually depriving or dispossessing oneself of
property regime during the marriage is by law his right or title to it in favor of a person or
or by agreement prior to the marriage one of persons other than his spouse and relatives.
complete separation of property. (Abid-Abana v. (Sec. 3, R.A. 6713)
Exec. Secretary, C.R. 201176, August 28, 2019)
Conma ofInterest
Who shall file
Arises when a public official or employee is a
1. Constitutional and national elective member of a board, an officer, or a substantial
officials, with the national office of the stockholder of a private corporation or owner
Ombudsman; or has a substantial interest in a business, and
2. Senators and Congressmen, with the the interest of such corporation or business, or
Secretaries of the Senate and the House of his rights or duties therein, may be opposed to
Representatives, respectively; or affected by the faithful performance of
3. Justices, with the Clerk of Court of the official duty. (Sec. 2, R.A. 6713)
Supreme Court; judges, with the Court
Administrator: A public official or employee shall avoid
4. All national executive officials with the conflicts of interest at all times. When a conflict
Office of the President. of interest arises, he shall resign from his
5. Regional and local officials and position in any private business enterprise
employees, with the Deputy Ombudsman within thirty (30) days from his assumption of
in their respective regions; office and/or divest himself of his
6. Officers of the armed forces from the rank shareholdings or interest within sixty (60) days
of colonel or naval captain, with the Office from such assumption. (Sec. 9, R.A 6713)
of the President, and those below said
ranks, with the Deputy Ombudsman in XPNs:
their respective regions; and 1. Those who serve in an honorary capacity;
and

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2. Laborers and casual or temporary workers. compensation, even nominal from the
(Sec. 8, R.A. 6713) government. (Sec. 2(b), R.A. 3019)

Q: Robert Sy, a well-known businessman Government includes:


and a founding member of the Makati 1. NationaJ government;
Business Club, aside from being a classmate 2. Local government;
of the newly-elected President of the 3. GOCCs;
Philippines, had investments consisting of 4. Other instrumentalities or agencies; and
shares of stocks in the Urban Bank, the PNB, 5. Their branches. (Sec. 2(a), R.A. 3019)
the Rural Bank of Caloocan City and his
privately-owned corporation, the RS PUNISHABLE ACTS
Builders Corporation and Trans-Pacific Air.
After the President had taken bis oath and 1. (a) Persuading. inducing. or influencing
assumed bis office, he appointed Robert as another public officer to:
Honorory Consul to the Republic of Vietnam.
Robert took bis oath before the President i. Perform an ac.t constituting a
and after furnishing the Department of violation of the Rules and
Foreign Affairs with bis appointment Regulations duly promulgated by
papers, be flew to Ho Chi Minh City, where competent authority. or
be organized bis staff, put up an office and ii. An offense in connection with
stayed there for 3 months attending to trade the official duties of the latter.
opportunities and relations with local
businessmen. On the fourth month, be (b) Allowing himself to be persuaded,
returned to the Philippines to make bis induced or influenced to commit
report to the President. However, the Anti­ such violation or offense. (Sec 3
Graft League of the Philippines filed a (a), R.A. 3019)
complaint against Robert for (1) failing to
file his Statement of Assets and Liabilities 2. Directly or indiret1:ly requesting or
within thirty (30) days from assumption of rece1vmg any gift, present, share,
office; (2) failing to resign from his percentage, or benefit, for himself or for
businesses, and (3) failing to divest bis any other person, in connection with any
shares and investments in the banks and contract or transaction between the
corporations owned by him, as required by Government and any other party, wherein
the Code of Conduct and Ethical Standards the public officer in his official capacity has
for Public Officials and Employees. Will the to intervene under the law. (Sec. 3 (b), R.A.
complaint prosper? (2001 BAR) 3019; 2010 BAR)

A: NO. The complaint will not prosper because Elements:


the Code of Conduct and Ethical Standards for a. The offender is a public officer;
Public Officials and Employees (RA. 6713) b. He requested and/or received, directly
expressly exempts those who serve the or indirectly, a gift. present or
Government in an honorary capacity from filing consideration;
Statements of Assets and Liabilities, and from c. The gift, present or consideration was
resigning and divesting themselves of interest for the benefit of the said public officer
from any private enterprise. (Secs. 8 (A) and 9, or for any other person;
R.A. 6713) d. It was requested and/or received in
connection with a contract or
transaction with the Government; and
ANTI-GRAFT AND CORRUPT PRACTICES ACT e. The public officer has the right to
R.A. 3019, AS AMENDED intervene in such contract or
transaction in his official capacity.

Persons coveredunderthisacr CRAB 20001 3. Directly or indiret1:ly requesting or


receiving any gift, present or other
All public officers which include elective and pecuniary or material benefit. for himself
appointive officials and employees, permanent or for another. from any person for whom
or temporary, whether in the dassified or the public officer, in any manner or
unclassified or exempt service, receiving capacity, has secured or obtained, or will

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secure or obtain, any Government permit corporations charged with the grant of
or license, in consideration for the help licenses or permits or other concessions.
given or to be given. (Sec. 3 (c), R.A. 3019)
Q: Olympic Mines and Platinum Group
NOTE: This is a special form of bribery. applied and granted by the Provincial
Mining Regulatory Board (the Board) a
4. Accepting or having any member of his small-scale mining permit which allowed
family accept employment in a private them to extract 50,000 dry metric tons of
enterprise which has pending official laterite ore. The DENR also granted Olympic
business with him during the pendenty Mines and Platinum Group with their
thereof or within one year after its separate Environmental Compliance
termination. (Sec. 3 (d), R.A. 3019) Certificate (ECC) which allows them to
extract 50,000 dry metric tons of nickel/ore
Elements: mineral per year.
a. The public officer accepted, or having
any of his family member accept any Platinum Group transported, for itself and
employment in a private enterprise; on behalf of Olympic Mines, a total of
b. Such private enterprise has a pending 203,399.135 dry metric tons of nickel ore.
official business with the public officer; Olympic Mines applied for the renewal of its
and small-scale mining permit before the Board.
c. It was accepted during: The Board recommended to Reyes,
i. The pendency thereof; or provincial governor, to grant the renewal,
ii. Within 1 year after its which he did.
termination.
Subsequently, Olympic Mines and Platinum
5. Causing any undue injury to any party, Group's ECC were cancelled due to over­
including the Government, or giving any extraction. Later on, Reyes was charged with
private party any unwarranted benefits, violation of Section 3(e) of R.A 3019 or the
advantage or preference in the discharge of Anti-Graft and Corrupt Practices Act when
his official, administrative or judicial he allegedly gave unwarranted benefits,
functions through manifest partiality, preference, and advantage to Olympic Mines
evident bad faith, or gross inexcusable in the renewal of its permit. Is Reyes guilty
negligence. (Sec. 3 (e), RA 3019) (1990, of violating Section 3(e) of R.A. 3019?
1991, 1997, 2005, 2009 BAR)
A: YES. Reyes committed gross inexcusable
Elements: negligence when he approved Olympic Mines'
a. The accused must be a public officer renewal of its small-scale mining permit.
considering that Olympic Mines violated the
discharging administrative, judicial, or
terms and conditions of the permit. From May
official functions; 30, 2005 to April 3, 2006, Platinum Group
b. He must have acted with manifest transported a total of 203,399.135 dry metric
partiality, evident bad faith, or tons of nickel ore under Olympic Mines' and
inexcusable negligence; and Platinum Group's permit. This is clearly beyond
c. That his action caused: the 100,000-dry metric ton threshold of the
i. Any undue injury to any party, combined permits, a fact that Reyes does not
dispute. His act of renewing Olympic Mines'
including the government; or
Small-Scale Mining Permits, despite a blatant
ii. Giving any private party violation of the terms of the permit, was
unwarranted benefits, advantage correctly charac.terized as gross inexcusable
or preference in the discharge of negligence. (Reyes v. People, C.R. No. 237172,
his functions. September 18, 2019, as penned by]. Leonen)

NOTE: Since bad faith is an element, good Q: Abubakar, Baraguir, and Farouk were
faith or lack of malice is a valid defense. public offidals of the DPWH-ARMM at the
time of the commission of the offense. After
NOTE: This provision shall apply to officers the creation of the ARMM, the national
and employees of offices or government government allotted funds for the
implementation of infrastructure projects of

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SPECIAL PENAL LAWS

the region, and a portion of the funds were entered by Guiani with Arce Engineering gave
transferred to DPWH-ARMM. the latter the right to secure 30% of the
contract cost as advance payment or
The Office of the President received reports mobilization fee upon the contract's execution.
of irregularities attending the This is clearly contrary to the implementing
implementation of the infrastructure rules and regulations of Presidential Decree No.
projects, Thus, the COA conducted an 1594 on advance payment allowing only 15%
investigation and yielded the following for the payment of advance payment.
findings: (1) Overpayment; (2) Excessive (Abubakar v. People, G.R. No. 202408, June 27,
advance payments; and (3) Improper 2018, as penned by]. Leonen}
conduct of public bidding. The report found
out that DPWH-ARMM officials awarded 6. Neglecting or refusing. after due demand or
several contractors certificate of request, without sufficient justification, to
mobilization a week before the conduct of act within a reasonable time on any matter
the public bidding. The contractors were pending before him for the purpose of
also allowed to mobilize their equipment on obtaining, directly or indirectly, from any
the site. DPWH-ARMM officials also granted person interested in the matter some
and allowed disbursement of 30% advance pecuniary or material benefit or advantage,
pay·ment to one contractor, with amount or for the purpose of favoring his own
was beyond the 15% limit set by law. Based interest or giving undue advantage in favor
on the report, Abubakar, Baraguir, and of or discriminating against any other
Guiani were charged with violation of Sec. interested party. (Sec. 3 (/), R.A. 3019)
3(e), R.A. 3019. Are the DPWH-ARMM
officials guilty of the crime charged? Elements:
a. Offender is a public officer;
A: YES. Abubakar, Baraguir, and Guiani are b. Public officer neglected or refused to
guilty of violating Sec. 3(e), RA. 3019. Baraguir act without sufficient justification
and Guiani gave unwarranted benefits and after due demand or request has been
advantage to several contractors by allowing made on him;
them to deploy their equipment ahead of the c. Reasonable time has elapsed from
scheduled public bidding. The certificates of such demand or request without the
mobilization, which were issued at least one (1) public officer having acted on the
week before the date of public bidding. matter pending before him; and
identified seven (7) entities as contractors. The d. Such failure to act is for the purpose
acts of identifying certain contractors ahead of of.
the scheduled public bidding and of allowing i. Obtaining (directly or indirectly)
the advanced deployment of their equipment from any person interested in the
through the issuance of certificates of matter some pecuniary or
mobilization are glaring irregularities in the material benefit or advantage;
bidding procedure that engender suspicion of ii. Favoring his own interest; or
favoritism and partiality towards the seven (7) iii. Giving undue advantage in favor
contractors. These irregularities create a of; or
reasonable, if not conclusive, presumption that iv. Discriminating against any other
the concerned public officials had no intention interested party. (Coronado v.
of complying with the rules on public bidding Sandiganbayan, G.R. Na. 94955,
and that the results were already August 18, 1993)
predetermined. Baraguir also gave
unwarranted benefits and advantage to the 7. Entering, on behalf of the Government, into
contractors through gross inexcusable any contract or transaction manifestly and
negligence. Admittedly, he failed to check the grossly disadvantageous to the same,
dates on the certificates of mobilization when whether or not the public officer profited
they were presented to him for his signature. or will profit thereby. (Sec. 3 (g), R.A. 3019)

Moreover, P.O. 1594 allows contractors to Elements:


obtain advance payment from the government a. Accused is a public officer;
during the contract's implementation stage. The b. The public officer entered into a
rules limit the amount of advance payment to contract or transaction on behalf of
15% of the total contract price. The Contract the government; and

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CRIMINAL LAW

c. Such contract or transaction is grossly A: YES. Private persons acting in conspiracy


and manifestly disadvantageous to the with public officers may be indit'ted and if
government. found guilty, be held liable for the pertinent
offenses under Section 3 of R.A. 3019. This
Private necsons as offenders supports the "polit-y of the anti-graft law to
repress certain acts of public officers and
Q: Public officers Solicitor General Galvez, private persons alike [which constitute) graft or
NAMRIA officials Solis, Fabian, Bonnevie, corrupt practices act or which may lead
Valencia, and Viernes, and private person thereto." (Cronoda v. People, C.R. No. 184092,
Garcia-Diaz were charged for violating February 22, 2017, as penned by J. Leonen)
Section 3(g) of the Anti-Graft and Corrupt
Practices Act before the Sandiganbayan. 8. Directly or indirectly having financial or
Garcia-Diaz filed a Motion to pecuniary interest in any business, contract
Dismiss/Quash Information, contending or transaction in which he:
that private persons cannot be charged
under the Anti-Graft and Corrupt Practices a. Intervenes or takes part in his official
Act. capacity;

May a private person be charged and NOTE: Intervention must be actual and
convicted of violating the provisions of the in the official capacity of the public
Anti-Graft and Corrupt Practices Act? officer.

A: YES. A private person may be charged and b. Is prohibited by the constitution or by


convicted of violating the provisions of the law from having any interest. (Sec. 3(h),
Anti-Graft and Corrupt Practices Act. It is true RA 3019)
that Section 3 of the Anti-Graft and Corrupt
Practices Act speaks of corrupt practices of 9. Directly or indirectly becoming interested,
public officers. "However. if there is an for personal gains, or having a material
allegation of conspiracy, a private person may interest in any transaction or act which:
be held liable together with the public
officer." This is consistent with the polity a. Requires the approval of a board, panel
behind the statute, which, as provided in its or group of which he is a member and
first section, is "to repress certain acts of public which exercises discretion in such
officers and private persons alike which may approval; or
constitute graft or corrupt practices or which b. Even if he votes against the same or
may lead thereto." does not participate in the action of the
board, committee, panel or group.
The reason that private persons may be
charged with public officers under the Anti­ NOTE: Interest for personal gain shall be
Graft and Corrupt Prat'tices Act is "to avoid presumed against those public officials
repeated and unnecessary presentation of responsible for the approval of manifestly
witnesses and exhibits against conspirators in unlawful, inequitable, or irregular
different venues, especially if the issues transaction or acts by the board, panel or
involved are the same. It follows, therefore, that group to which they belong. (Sec. 3 (i), RA
if a private person may be tried jointly with 3019)
public officers, he or she may also be convicted
jointly with them." (Corcia-Diaz v. 10. Knowingly approving or granting any
Sond(qanbayan, C.R. No. 193236, September 17, license, permit, privilege or benefit in favor
2018, as penned by J. Leanen) of:

Q: Accused Dela Cruz contends that he a. Any person not qualified for or not
cannot be held guilty of violation of Section legally entitled to such license, permit,
3 (g) of R.A. 3019 as the law only mentioned privilege or benefit; or
that public officials are offenders of such b. A mere representative or dummy of
provision. Can a private person be held one who is not so qualified or entitled.
guilty under R.A. 3019? (Sec. 3 U), R.A. 3019)

11. (a) Divulging valuable infonnation of a:

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SPECIAL PENAL LAWS

i. Confidential character elements, not all the essentiaJ elements of one


ii. Acquired by his office or by him on offense are included among or form part of
account of his official position to those enumerated in the other. Whereas the
unauthorized person mere request or demand of a gift, present,
share, percentage or benefit is enough to
(b) Releasing such information in advance constitute a violation of Set1:ion 3(b) of R.A.
of its authorized released date. (Sec. 3 3019, acceptance of a promise or offer or
(k), R.A. 3019) receipt of a gift or present is required in direct
bribery.
The following persons shall also be punished
with the public officer and shall be permanently Moreover, the ambit of Section 3(b) of RA.
or temporarily disqualified, in the discretion of 3019 is specific. It is limited only to contracts or
the Court, from transacting business in any transactions involving monetary consideration
form with the Government: where the public officer has the authority to
intervene under the law. Direc.t bribery, on the
1. Person giving the gift, present, share, other hand, has a wider and more general
percentage or benefit in par. 2 and 3. scope: (a) performance of an act constituting a
2. Person offering or giving to the public crime; (b) execution of an unjust act which does
officer the employment mentioned in par. not constitute a crime; and (c) agreeing to
4. refrain or refraining from doing an act which is
3. Person urging the divulging or untimely his official duty to do.
release of the confidential information in
par. 11. Although the two charges against petitioner
stemmed from the same transaction, the same
Q: May a public officer charged under act gave rise to two separate and distinct
Section 3(b) of Republic Act No. 3019 offenses. No double jeopardy attached since
("directly or indirectly requesting or there was a variance between the elements of
receiving any gift, present, share, the offenses charged. The constitutional
percentage or benefit, for himself of for any protet1:ion against double jeopardy proceeds
other person, in connection with any from a second prosecution for the same offense,
contract or transaction between the not for a different one. (Merencillo v. People, G.R.
government and any other party, wherein Nos. 142369-70, April 13, 2007)
the public officer in his official capacity has
to intervene under the law'1 also be Q: Mayor Adalim was charged with murder.
simultaneously or successively charged with He was transferred from the provindal jail
direct bribery under Article 210 of the and detained him at the residence of Ambil,
Revised Penal Code? Explain. (2010 BAR) Jr. Considering that Sec. 3(e) of R.A. No. 3019
punishes the gjving by a public officer of
A: YES. A public officer charged under Sec. 3 (b) unwarranted benefits to a private party,
of R.A. 3019 may also be charged does the fact that a Mayor was the recipient
simultaneously or successively for the crime of of such benefits take petitioners' case
direct bribery under Art. 210 of the Revised beyond the ambit of said law?
Penal Code because two crimes are essentially
different and are penalized under distinct legal A: NO. In drafting the Anti-Graft Law, the
philosophies. Violation of Sec. (b) of R.A. 3019 lawmakers opted to use "private party• rather
is a ma/um prahibitum, the crime under Art. 210 than "private person" to describe the recipient
of the Code is a ma/um in se. of the unwarranted benefits, advantage or
Q: Differentiate Section 3(b) of RA. 3019 preference for a reason. A private person
and Direct Bribery under Article 210 of the simply pertains to one who is not a public
Revised Penal Code. Will there be double officer while a private party is more
jeopardy if a person is charged comprehensive in scope to mean either a
simultaneously or successively for violation private person or a public officer ac.ting in a
of Section 3 of R.A. 3019 and the Revised private capacity to protec.t his personal interest.
Penal Code?
When Mayor Adalim was transferred from the
A: The violation of Section 3(b) of R.A. 3019 is provincial jail and was detained at Ambil, ]r.'s
neither identical nor necessarily inclusive of residence, they accorded such privilege to
direct bribery. While they have common Adalim, not in his official capacity as a mayor,

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but as a detainee charged with murder. Thus, to any party," has a meaning akin to that of
for purposes of applying the provisions of the civil law concept of actual damage.
Section 3(e), R.A. No. 3019, Adalim was a (Guodines v. Sandiganboyan and People, G.R. No.
private party. (Ambit Jr. v. People, G.R. No. 164891,June 6, 2011)
175457,July 6, 2011)
Q: In violation of Sec. 3(e) ofR.A. No. 3019, is
NOTE: The requirement before a private it n ecessary that the circumstances of: (1)
person may be indicted for violation of Section "causing any undue injury to any party,
3 of R.A. 3019 is that such private person must including the Government"; and (2) •g1vlng
be alleged to have acted in conspiracy with a any private party any unwarranted
public officer. The law, however, does not b enefits," both be present to convict the
require that such person must, in all instances, accused of the said crime?
be indicted together with the public officer. If
circumstances exist where the public officer A: NO. The Supreme Court has clarified that the
may no longer be charged in court, as in the use of the disjunctive word ..or" connotes that
present case where the public officer has either act of (a) ·causing any undue injury to
already died, the private person may be any party, including the Government'' and (b)
indicted alone. (People v. Go, G.R. No. 168539, "giving any private party any unwarranted
March 25, 2014) benefits, advantage or preference," qualifies as
a violation of Sec. 3(e) of R.A. No. 3019, as
Manifest PactiaHtx amended. The use of the disjunctive "oi"
connotes that the two modes need not be
There is a clear, notorious, or plain inclination present at the same time. In other words, the
or predilection to favor one side or person presence of one would suffice for conviction.
rather than another. (Alvizo v. Sandiganbayon, (Alvarez v. People, G.R. No. 192591, June 29,
G.R. Nos. 98494-98692/uly 17, 2003; Webster, 2011)
Third New International Dictionary, p. 1646;
Bouvier's Low Dictionary, Third Edition, p. 2083) Q: Is proof of the extent of damage n ecessary
to prove the crime?
Gross inexcusable oeelieeoce
A: NO. The Supreme Court held in Fonocier v.
Refers to negligence characterized by the want Sandiganboyan, that proof of the extent or
of even the slightest care, acting or omitting to quantum of damage is not essential. It is
act in a situation where there is a duty to act, sufficient that the injury suffered or benefits
not inadvertently but willfully and received can be perceived to be substantial
intentionally, with conscious indifference to enough and not merely negligible. Under the
consequences insofar as other persons may be second mode of the crime defined in Section
affected. (Sistozo v. Desierto, G.R. No. 144784. 3(e) of R.A. No. 3019, damage is not
September 3, 2002) required. In order to be found guilty under the
second mode, it suffices that the accused has
Evident bad faith given unjustified favor or benefit to another, in
the exercise of his official, administrative or
It connotes not only bad judgment but also judicial functions. (Alvarez v. People, ibid)
palpably and patently fraudulent and dishonest
purpose to do moraJ obliquity or conscious PROHIBITED ACTS FOR PRIVATE
wrongdoing for some perverse motive or ill will INDIVIDUALS
(Sistoza v. Desierto, ibid). It also contemplates a
state of mind affirmatively operating with 1. For any person having family or close
furtive design or with some motive or self­ personal relation with any public official to
interest or ill will or for ulterior purposes Air. capitalize or exploit or take advantage of
(Fronce v. Corrascoso, G.R. No. L-21438, such family or personal relation by directly
September 28, 1966) or indirectly requesting or receiving any
present, gift, or material or pecuniary
Undue iniury advantage from any person having some
business, transaction, application, request
The term "undue injury" in the context of Sec. 3 or contract with the government, in which
(e) of the Anti-Graft and Corrupt Practices such public officer has to intervene. (Sec. 4,
Act punishing the act of ·causing undue injury R.A. 3019)

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NOTE: Family relations include the spouse conspiracy with any other person or public
or relatives by consanguinity or affinity official to commit any violations of said Act.
within third (3"') civil degree. (Sec. 14, R.A. 3019)

Close Personal relations include close STATEMENT OF ASSETS ANO LIABILITIES


personal friendship, social and fraternal
relations, and professional employment, all Every public officer shall prepare and file with
giving rise tointimacy which assures free the office of the corresponding Department
access to such public officer. Head, or in the case of a Head of Department or
chief of an independent office, with the Office of
2. For any person to knowingly induce or the President, or in the case of members of the
cause any public official to commit any of Congress and the officials and employees
the offenses defined in Sec. 3. thereof, with the Office of the Secretary of the
corresponding House, a true detailed and
Other orobihired atts fnc the relatives sworn statement of assets and liabilities,
including a statement of the amounts and
GR: It shall be unlawful for the spouse or sources of his income, the amounts of his
relative by consanguinity or affinity within the personal and family expenses and the amount
third civil degree of the President, Vice of income taxes paid for the next preceding
President, Senate President, or Speaker of the calendar year:
House to intervene, directly or indirectly, in any
business, transaction, contract, or application I. Within thirty days (30) after the approval
with the government. of this Act or after assuming office; and
2. Within the month of January of every other
XPNs: year thereafter, as well as upon the
expiration of his term of office, or upon his
1. Any person who, prior to the assumption of resignation or separation from office:
office of any of the above officials to whom Provided, that public officers assuming
he is related, has been already dealing with office less than two months before the end
the Government along the same line of of the calendar year, may file their
business; statements in the following months of
2. Any transaction, contract, or application january. (Sec. 7, R.A 3019)
already existing or pending at the time of
such assumption of public office; DISMISSAL DUE TO UNEXPLAINED WEALTH
3. Any application filed by him the approval of
which is not discretionary on the part of the
A public official found to have acquired during
official or officials concerned but depends
his incumbency, whether in his name or in the
upon compliance with requisites provided
name of other persons, an amount of property
by law, or rules or regulations issued
and/or money manifestly out of proportion to
pursuant to law; or
his salary and to his other lawful income, that
4. Any act lawfully performed in an official
fact shall be a ground for dismissal or removal.
capacity or in the exercise of a profession.
(Sec. 8, R.A 3019)
(Sec. 5, R.A. 3019)

EXCEPTIONS
Cana af camoeteot inrisdictlao aver
offenses punishable under this act

1. Unsolicited gifts or presents of small or It is the Sandiganbayan that has jurisdiction to


insignificant value offered or given as a try cases for violation of R.A. 3019 if the public
mere ordinary token of gratitude or officer is occupying a position corresponding to
friendship according to local customs and salary grade '27' or higher. Those that are
usage; and classified as salary grade '26' or below may still
2. Practice of any profession, lawful trade or fall within the jurisdiction of the
occupation by any private persons or by Sandiganbayan, provided that they hold the
any public officer who under the law may positions enumerated by the law. Otherwise,
legitimately practice his profession, trade jurisdiction shall be vested in the Regional
or occupation during his incumbency Trial Court. (Sec. 4, P.D. No. 1606)
except where the practice of such
profession, trade or occupation involves

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CRIMINAL LAW

Private Individuals are tried jointly with Length ofpreventive suspension


orincioais
Under Section 63 (b) of the Local Government
In case private individuals are charged as co­ Code, "any single preventive suspension of
principals, accomplices, or accessories with the local elective officials shall not extend beyond
public officers or employees, including those sixty (60) days.• (Rios v. Sandiganbayan, C.R.
employed in government-owned or controlled No.129913, September 26, 1997)
corporations, they shall be tried jointly with
said public officers and employees in the Prescriative Period
proper courts which shall exercise exclusive
jurisdiction over them. (Sec. 4, RA 3019 as 20 years. (Sec. 11, R.A. 3019 as amended by RA
amended by RA 8249) 10910)

Necessitv ofPreventive S11snensinn


ANTI-PLUNDER ACT
It is mandatory for the court to place under RA. 7080, AS AMENDED
preventive suspension a public officer accused
before it. Imposition of suspension, however. is
not automatic or self-operative. A pre­ Public nfficecs
condition therefor is the existence of a valid
information, determined at a pre-suspension Any person holding any public office in the
hearing. Such a hearing is in accord with the Government of the Republic of the Philippines
spirit of the law, considering the serious and by virtue of an appointment, election or
far-reaching consequences of a suspension of a contract. (Sec. 1 (a), RA 7080)
public official even before his conviction, and
the demands of public interest for a speedy "Government" under R.A. 7080
determination of the issues involved in the
case. Once a proper determination of the It includes the National Government, and any of
validity of the information has been made, it its subdivisions, agencies or instrumentalities,
becomes the ministerial duty of the court to including government-owned or controlled
issue the order of preventive suspension. corporations and their subsidiaries. (Sec. 1 (b),
(Segovia v. Sandiganbayan, C.R. No. 124067, RA 7080)
March 27, 1998)
ILL-GOTTEN WEALTH
No hard and fast rule exists in regulating
conduct of pre-suspension hearing. (Ludano v. Any asset, property, business enterprise, or
Mariano, C.R. No. L·32950,July 30, 1971) material possession of any person, acquired by
a public officer, directly or indirectly, through
Q: What pre-conditions are necessary to b e dummies, nominees, agents, subordinates,
met o r satisfied before preventive and/or business associates. (Sec. 1 (d), RA
suspension may be ordered? (1999 BAR) 7080)

A: The pre-conditions necessary to be met or Presnmationunderthis law


satisfied before a suspension may be ordered
are: (1) there must be proper notice requiring When a public officer or employee acquires
the accused to show cause at a specific date of during his incumbency an amount of property
hearing why he should not be ordered which is manifestly out of proportion of his
suspended from office pursuant to R.A. 3019; salary and to his other lawful income, such
and (2) there must be a determination of a amount of property is then presumed prima
valid information against the accused that facie to have been unlawfully acquired. Thus, if
warrants his suspension. However, no specific the public official is unable to show to the
rules need be laid down for pre-suspension satisfat1:ion of the court that he has lawfully
hearing. Suffice it to state that the accused acquired the property in question, then the
should be given a fair and adequate court shall declare such property forfeited in
opportunity to challenge the validity of the favor of the State, and by virtue of such
criminal proceedings against him. (Luciano v. judgment, the property aforesaid shall become
Mariano, ibid) property forfeited in favor of the State. (Garcia
v. Republic, C.R. No. 170122, October 12, 2009)

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PLUNDER any business enterprise or


undertaking;
A crime committed by a public officer by e. By establishing agricultural,
himself or in connivance with members of his industrial, or commercial
family, relatives by affinity or consanguinity, monopolies or other combinations
business associates, subordinates or other and/or implementation of decrees
persons, by amassing, accumulating, or and orders intended to benefit
acqumng ill-gotten wealth through a particular persons or special
combination or series of overt acts in the interests;
aggregate amount or total value of at least PSO f. By taking undue advantage of
million. (Sec. 2, R.A. 7080, as amended by R.A. official position, authority,
7659) (2014 BAR) relationship, connection, or
influence to unjustly enrich himself
There must be at least two (2) predicate crimes or themselves at the expense and
committed before one can be convitted of to the damage and prejudice of the
plunder. Filipino people and the Republic of
the Philippines; and
Elements of Pinndee g. That the aggregate amount or total
value of the ill-gotten wealth
1. That the offender is a public officer who amassed, accumulated, or acquired
acts by himself or in connivance with is at least PS0,000,000.00. (Enrile
members of his family, relatives by affinity v. People, C.R. 213455, August 11,
or consanguinity, business associates, 2015)
subordinates, or other persons;
NOTE: The corpus delicti of plunder is the
2. That he amassed, accumulated or acquired amassment, accumulation, or acquisition of
ill-gotten wealth through a combination or ill-gotten wealth valued at not less than
series of the following overt or criminal PS0,000,000.00. The failure to establish the
acts: corpus delicti should lead to the dismissal
of the criminal prosecution. (Macapagal­
a. Through misappropriation, Arroya v. People, C.R. No. 220598, July 19,
conversion, misuse, or 2016)
malversation of public funds, or
raids on the public treasury; Q: Is the crime of plunder ma/um prohibitum
b. By receiving, directly or indirectly, or malum in se?
any comm1ss1on, gift. share,
percentage, kickback. or any other A: The legislative declaration in R.A. No. 7659
form of pecuniary benefits from that plunder is a heinous offense implies that it
any person and/or entity in is a malum in se. For when the acts punished
connection with any government are inherently immoral or inherently wrong.
contract or project or by reason of they are ma/a in se and it does not matter that
the office or position of the public such acts are punished in a special law,
officer concerned. especially since in the case of plunder the
c. By the illegal or fraudulent predicate crimes are mainly ma/a in se. Indeed,
conveyance or disposition of assets it would be absurd to treat prosecutions for
belonging to the National plunder as though they are mere prosecutions
Government or any of its for violations of the Bouncing Check Law (B.P.
subdivisions, agencies or Big. 22) or of an ordinance against jaywalking,
instrumentalities of government· without regard to the inherent wrongness of
owned or -controlled corporations the acts. (Estrada v. Sandiganbayan, C.R. No.
or their subsidiaries; 148560, November 19, 2001)
d. By obtaining, rece,vong, or
accepting, directly or indirectly, COMBINATION SERIES
any shares of stock, equity, or any
other form of interest or Cnmhinarinn
participation including the
promise of future employment in At least two (2) acts falling under different
categories of enumeration provided in Sec. 1,

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CRIMINAL LAW

par. (d). (Estrada v. Sandiganbayan, G.R. No. Q: Senator X, with the help of his
148560. November 19, 2001) subordinates, acquired the amount of
Pl00,000,000 through a misappropriation
of public funds in just a single transaction. Is
plunder committed? Senator X, with the
Two (2) or more overt or criminal acts falling help of his subordinates, acquired the
under the same category of enumeration found amount of Pl00,000,000 through a
in Sec. 1, par. (d). (Estrada v. Sandiganbayan, misappropriation of public funds in just a
ibid). single transaction. Is plunder committed?

Buie ofevidence A: NO. There must be combination or series of


the means or similar schemes in Sec. 1 (d) of
It is not necessary to prove each and every RA. 7080. As defined in Estrada v.
criminal act done by the accused to commit the Sandiganbayan (2001), a combination and a
crime of plunder. It is sufficient to establish series require at least two overt criminal acts
beyond reasonable doubt a pattern of overt or in the aggregate amount or total value of at
criminal acts indicative of the overall unlawful least PS0,000,000. Thus, if there is only one
scheme or conspiracy. (Sec. 4, RA 7080) transaction, the crime of plunder is not
committed, regardless of the amount amassed
by the public officer.
PATTERN
Q: The Prosecution failed to prove that GMA
Pattern and Aguas benefited in the act of raids of the
public treasury. The Prosecution asserts
Pattern consists of at least a combination or that personal benefit is not a requirement
series of overt or criminal acts enumerated in for plunder. Is the Prosecution correct?
subsections (1) to (6) of Sec. 1 (d) directed
towards a common purpose or goal, which is to A: NO. In order to prove the predicate act of
enable the public officer to amass, accumulate raids of the public treasury, there is a
or acquire ill-gotten wealth, indicative of the requirement of personal benefit on the part of
overall unlawful scheme or conspiracy to the main plunderer or his co-conspirators by
achieve said common goal. As commonly virtue of their plunder. As a result, not only did
understood, the term 'overall unlawful scheme' the Prosecution fail to show where the money
indicates a 'general plan of action or method' went but, more importantly, it failed to prove
which the principal accused and public officer that GMA and Aguas had personally benefited
and others conniving with him follow to from the same. Hence, the Prosecution did not
achieve the aforesaid common goal. (Estrada v. prove the predicate act of raids on the public
Sandiganbayan, supra) treasury beyond reasonable doubt. (Macapaga/­
Arroyo v. People, G.R. No. 220598,July 19, 2016)
The said acts are mentioned only as predicate
acts of the crime of plunder and the allegations
relative thereto are not to be taken or to be ANTI-MONEY LAUNDERING ACT OF 2001
understood as allegations charging separate RA. 9160, AS AMENDED
criminal offenses punished under the RPC, the
Anti-Graft and Corrupt Practices Act and Code
of Conduct and Ethical Standards for Public MONEY LAUNDERING OFFENSE
Officials and Employees. It bears stressing that
the predicate acts merely constitute acts of Refers to a crime whereby the proceeds of an
plunder and are not crimes separate and unlawful activity are transatted, thereby
independent of the crime of plunder. (Serapio v. making them appear to have originated from
Sandiganbayan, G.R. No. 148468, January 28, legitimate sources.
2003)
PERSONS LIABLE
NOTE: Under Sec. 4 of the RPC, "in furtherance
of the scheme or conspiracy" implies that 1. Any person knowing that any monetary
plunder cannot be committed by just one instrument or property represents, involves,
person. or relates to, the proceeds of any unlawful

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activity, transacts or attempts to transact Person knowing that a monetary instrument


said monetary instrument or property. involves proceeds from any unlawful activlty,
2. Any person knowing that any monetary but who fails to perform ony act as o result of
instrument or property involves the which he facilitates the offense of money
proceeds of any unlawful activity, performs laundering
or fails to perform any act as a result of
which he facilitates the offense of money a. Imprisonment from 4 to 7 years
laundering. b. AND a fine of not less than
3. Any person knowing that any monetary Phpl,500,000 but not more than
instrument or property is required under Php3,000,000
this Act to be disclosed and filed with the
Anti-Money Laundering Council (AMLC), Person who knowin_q(y foils to disclose ond {lie
fails to do so. any monetary ;nstrument, required under the
rules, with AMLC
Q: Don Gabito, a philanthropist, offered to
fund several projects of the Mayor. He a. Imprisonment from 6 months to 4
opened an account in the Mayor's name and years
regularly deposited various amounts b. OR a fine of not less than Phpl00,000
rangjng from PS00,000.00 to Pl Million. but not more than PhpS00,000
From this account, the Mayor withdrew and c. OR both
used the money for constructing feeder
roads, barangay clinics, repairing schools 2. Penalties for Failure to Keep Records
and for all other municipal projects. It was
subsequently discovered that Don Gabito a. Imprisonment from 6 months to 1 year
was actually a jueteng operator and the b. OR a fine of not less than Phpl00,000
amounts he deposited were proceeds from but not more than PhpS00,000
his jueteng operations. What crime/s were c. OR both
committed? Who are criminally liable?
Explain. (2005 BAR) 3. Malicious Reporting

A: BOTH. Don Gabito violated the Anti-Money Any person who, with malice, or in bad
Laundering Act (Sec. 4, RA 9160) for knowingly faith, reports or files a completely
transacting money. as property which involves unwarranted or false information relative
or relates to the proceeds of an unlawful to money laundering transaction against
activity such as jueteng. In addition, he may be any person
prosecuted for liability as a jueteng operator.
The mayor who allowed the opening of an a. Imprisonment of 6 months to 4 years
account in his name is likewise guilty for b. AND a fine of not less than PhplOO, 000
violation of the AMLA. He, knowing that the but not more than Php500, 000, at the
money instrument or property involves the discretion of the court: Provided, That
proceeds of an unlawful activity, performs or the offender is not entitled to avail the
fails to perform any act which results in the benefits of the Probation Law.
facilitation of money laundering.
Offender is a corporation, assaciation,
PENAL PROVISIONS partnership or any juridical persan

1. Penalties for the Crime of Money The penalty shall be imposed upon the
Laundering responsible officers, as the case may be, who
participated in the commission of the crime
Person who knowingly transacts using or who shall have knowingly permitted or
monetary instrument from ony unlowful failed to prevent its commission. The court
activity may suspend or revoke its license.

a. Imprisonment ranging 7 to 14 years Offender is an alien


b. AND a fine of not less than Php
3,000,000 but not more than twice the In addition to the penalties herein
value of the monetary instrument or prescribed, he shall be deported without
property involved in the offense.

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CRIMINAL LAW

further proceedings after serving the Money Laundering Law. Can Rudy move to
penalties herein prescribed. dismiss the case on the ground that he has
no criminal record? (2006 BAR)
Offender is a public official or employee
In addition to the penalties prescribed A: NO. Under the Anti-Money Laundering Law,
herein, suffer perpetual or temporary Rudy would be guilty of a "money laundering
absolute disqualification from office, as the crime'" committed when the proceeds of an
case may be. Any public official or employee "unlawful activity," like jueteng operations, are
who is called upon to testify and refuses to made to appear as having originated from
do the same or purposely fails to testify shall legitimate sources. The money laundering
suffer the same penalties prescribed herein. crime is separate from the unlawful activity of
being a jueteng operator, and requires no
4. Breach of Confidentiality previous convic.tion for the unlawful ac.tivity.
(Sec. 3, R.A. 9160)
a. Imprisonment ranging from 3 to 8 years
b. AND a fine of not less than PhpS00,000 Q: To raise funds for his defense, Rudy sold
but not more than Php 1,000,000. (Sec. the houses and lots to a friend. can Luansing
14, R.A. 9160) Realty, Inc. be compelled to transfer to the
buyer ownership of the houses and lots?
COVERED INSTITUTIONS
A: YES. Luansing Realty, Inc. is a real estate
1. Banks, non-banks, quasi-banks, trust company, hence it is not a covered institution
entities, and all other institutions and their under Section 3 of the Anti-Money Laundering
subsidiaries and affiliates supervised or Act. Only banking institutions, insurance
regulated by the BSP; companies, securities dealers and brokers, pre­
2. Insurance companies and all other need companies and other entities
institutions supervised or regulated by the administering or otherwise dealing in currency,
Insurance Commission; commodities or financial derivatives are
3. covered institutions. Hence, Luansing Realty,
a. Securities dealers, brokers, salesmen, Inc. may not use the Anti-Money Laundering
investment houses and other similar Act to refuse to transfer to the buyer ownership
entities of the houses and lots.
b. Mutual funds, closed-end investment
companies, common trust funds, pre­ Q: Did the bank violate any law in disclosing
need companies and other similar Rudy's bank accounts to the AMLC?
entities
c. Foreign exchange corporations, money A: NO, the bank did not violate any law. The
changers, money payment. remittance, bank being specified as a "covered institution"
and transfer companies and other under the Anti-Money Laundering Law, is
similar entities obliged to report to the AMLC covered and
d. Other entities administering or susp1c1ous transactions, without thereby
otherwise dealing in currency, violating any law. This is one of the exceptions
commodities or financial derivatives. to the Secrecy of Bank Deposit Act.

Q: Rudy is jobless but is reputed to be a Q: Suppose the titles of the houses and lots
jueteng operator. He has never been are in possession of the Luansing Realty,
charged or convicted of any crime. He Inc., is it under the obligation to deliver the
maintains several banks bank accounts and titles to Rudy?
has purchased S houses and lots for his
children from the Luansing Realty, Inc. since A: YES, it has an obligation to deliver titles to
Since he does not have any visible job, the Rudy. As Luansing Realty, Inc. is not a covered
company reported his purchases to the institution under Settion 3 of the Anti-Money
AMLC. Thereafter, AMLC charged him with Laundering Ac.t, it may not invoke this law to
violation of the Anti-Money Laundering Law. refuse delivery of the titles to Rudy.
Upon request of the AMLC, the bank
disclosed to it Rudy's bank deposits COVERED TRANSACTIONS
amounting to PlOO M. Subsequently, he was
charged in court for violation of the Anti·

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SPECIAL PENAL LAWS

Covered transacrions nuderRA 9160 xis-ta­ Transaction in cash or


xisBA 9194 vis-ta-visRA 10927 other equivalent monetary
instrument involving a total
Comparison of R.A. 9160, R.A. 9194, and R.A.10927 amount in excess of Five
R.A. 10927 (An Act hundred thousand pesos
Designatin (PS00,000.00) within one
g Cosinos (1) banking day; for
a. Single, series, or as Covered covered persons under
combination of Persons Section 3(a)(8), a single
transac.tions involving a Under casino transaction
total amount in excess of Republic involving an amount in
Php4,000,000 or an Act No. excess of Five million
equivalent amount in 9160) pesos (PS,000,000) or its
foreign currency based on equivalent in any other
the prevailing exchange currency. (Sec. 2, R.A.
rate withjn 5 consecutive 10927)
banking days. (Sec. 3, RA
9160)
SUSPICIOUS TRANSACTIONS
XPN: Those between a
covered institution and a Transac.tions with covered institutions,
person who, at the time of regardless of the amounts involved, with
the transaction was a attendant circumstances.
properly identified client
and the amount is Ciccumsraoces Existioe io Susoirinus
commensurate with the Transactions
R.A.9160
business or financial
capacity of the client; or 1. There is no underlying legal or trade
those with an underlying obligation, purpose or economic
legal or trade obligation, justification;
purpose, origin or 2. The client is not properly identified;
economic justification. (Sec. 3. The amount involved is not commensurate
3, R.A. 9160) with the business or financial capacity of
the client;
b. Single, series or 4. Taking into account all known
combination or pattern of circumstances, it may be perceived that the
unusually large and client's transaction is structured in order to
complex transactions in avoid being the subject of reporting
excess of Php4,000,000 requirements under the Act;
especfally cash deposits 5. Any circumstance relating to the
and investments having transaction which is observed to deviate
no credible purpose or from the profile of the client and/or the
origin, underlying trade client's past transactions with the covered
obligation or contract. (Sec. institution;
3, R.A. 9160) 6. The transaction is in any way related to an
unlawful activity or offense under this Act
Transaction in cash or that is about to be, is being or has been
other equivalent monetary committed; or
instrument involving a 7. Any transaction that is similar or analogous
R.A. 9194 total amount in excess of to any of the foregoing. (Sec. 2, R.A. 9194)
PS00,000 within 1
banking day. (Sec. 1, RA REPORTING OF COVERED AND
9194) SUSPICIOUS TRANSACTIONS

Covered institutions shall report to the AMLC


all covered transactions and susp1c1ous
transactions within five (5) working days from
occurrence thereof, unless the Supervising

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FACULTY OF CIVIL LAW
CRIMINAL LAW

Authority prescribes a longer period not transactions, and closed accounts for 5 years
exceeding ten (10) working days. from dates they were closed.

Should a transaction be determined to be both a 3. Reporting of Covered Transactions


covered transaction and a suspicious
transac.tion, the covered institution shall be Covered institutions shall report to the
required to report the same as a suspicious AMLC all covered transactions within 5
transattion. (Sec. 9, R.A. 9194) working days from occurrence thereof,
unless the Supervising Authority concerned
JURISDICTION prescribes a longer period not exceeding
10 working days. (Sec. 9, R.A. 9160)
1. RTCs;
2. Sandiganbayan, if committed by public AUTHORITY TO FREEZE
officers and private persons who are in
conspiracy with such public officers. Aurhncitx to freeze underBA 9160 tiS-ta-vis
R.A. 9194-vis-a-vis R.A.10927
ANTI-MONEY LAUNDERING COUNCIL (AMLC)
Comparison of R.A. 9160, R.A. 9194, and
Comnosition R.A.10927

1. Governor of the Bangko Sentral ng Upon determination that


Pilipinas as chairman; probable cause exists that any
2. Commissioner of the Insurance deposit or similar account is in
Commission; any way related to an unlawful
3. Chairman of the Securities and Exchange activity, the AMLC may issue a
Commission. freeze order, which shall be
effective immediately, on the
lnvesriearion ofMonevlaunderine Offenses R.A. 9160 account for a period not
exceeding 15 days.
The AMLC shall investigate:
Notice to the depositor that his
1. Suspicious transactions; account has been frozen shall
2. Covered transactions deemed suspicious be issued simultaneously with
after an investigation conducted by the the issuance of the freeze
AMLC; order. (Sec. JO, R.A. 9160)
3. Money laundering activities; and
4. Other violations of the AMLA, as amended
(Rule S.b., /RR o/R.A. 9160) The Court of Appeals, upon
application ex parte by the
The AMLC does not exercise quasi-judicial AMLC and after determination
powers and is simply an investigatory body. that probable cause exists that
(Shu v. Dee, as cited in Subido Pa_qente Certeza any monetary instrument or
Mendoza and Binay Law Offices v. CA, G.R. No. property is in any way related
216914, December 6, 2016) to an unlawful activity as
R.A. 9194
defined in Section 3(i) hereof,
PREVENTION OF MONEY LAUNDERING may issue a freeze order which
shall be effettive immediately.
1. Customer Identification The freeze order shall be for a
period of 20 days unless
Covered institutions shall establish and extended by the court. (Sec.
record the true identity of its clients based 10, RA 9194)
on officiaJ documents.
Upon a verified ex parte petition
2. Record Keeping by the AMLC and after
determination that probable
All records of all transactions of covered R.A. 10927 cause exists that any monetary
institutions shall be maintained and safely instrument or property is in
stored for 5 years from the dates of any way related to an unlawful
activitv as defined in Section

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SPECIAL PENAL LAWS

3(i) hereof, the Court of rules of examination of the BSP. (Sec. 11, R.A.
Appeals may issue a freeze 9194)
order which shall be effective
immediately, for a period of Iurisdiffion of trial courts
twenty (20) days,
The issuance of a bank inquiry order, the power
Within the twenty (20)-day to determine the existence of probable cause is
period, CA shall conduct a lodged in the trial court. (AMLC v. Bofonte, et of,
summary hearing, with notice C.R. No.186717, April 17, 2017)
to the parties, to determine
whether or not to modify or Not violative of the Right to due process
lift the freeze order, or
extend its effectivity. R.A. 9160 provides safeguards before a bank
The total period of the freeze inquiry order is issued, ensuring adherence to
order issued by the Court of the general state policy of preserving the
Appeals under this provision absolutely confidential nature of Philippine
shall not exceed 6 months. bank accounts. (Subido Pagente Certezo
Mendoza ond Binay law Offices v. CA, C.R. No.
Provided, That if there is no 216914,December 6,2016)
case filed against a person
whose account has been Elements·
frozen within the period
determined by the Court of 1. Ex-porte application by the AMLC;
Appeals, not exceeding 6 2. Determination of probable cause by the CA;
months, the freeze order shall and
be seemed ipso facto lifted: 3. Exception of court order in cases involving
unlawful activities. (Subido Pogente Certezo
Provided, further, That this Mendoza ond Binoy Low Offices v. CA, C.R.
new rule shall not apply to No. 216914, December 6, 2016)
pending cases in the courts. In
any case, the court should act In the case of AMLC v. Bofonte, et of. (C.R. No.
on the petition to freeze 186717, April 17, 2017), the Court held that
within twenty-four (24) there is no such violation because the physical
hours from filing of the seizure of the targeted corporeal property is
petition. {Sec, 10, R.A 109271 not contemplated in any form by the law. The
AMLC may indeed be authorized to apply ex
AUTHORITY TO INQUIRE parte for an inquiry into bank accounts, but
INTO BANK DEPOSITS only in pursuance of its investigative functions
akin to those of the National Bureau of
The AMLC may inquire into or examine any Investigation. As the AMLC does not exercise
particular deposit or investment with any quasi-judicial functions, its inquiry by court
banking institution or non-bank financial order into bank deposits or investments cannot
institution upon order of any competent court be said to violate any person's constitutional
in cases of violation of this Act when it has been right to procedural due process.
established that there is probable cause that the
deposits or investments involved are in any FORFEITURE PROVISIONS
way related to a money laundering offense.
1. Civil Forfeiture
Provided, that this provision shall not apply to
deposits and investments made prior to the When there is a covered transaction report
effectivity of this Att. (Sec. 11, R.A. 9160) made, and the court has, in a petition filed
for the purpose ordered seizure of any
NOTE: Bangko Sentral ng Pilipinas (BSP) may monetary instrument or property, in
inquire into or examine any deposit or whole or in part, directly or indirectly,
investment with any banking institution or related to said report, the Revised Rules of
non-bank financial institution when the Court on civil forfeiture shall apply.
examination is made in the course of a periodic
or special examination, in accordance with the 2. Claim on Forfeited Assets

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Where the court has issued an order of the AMLC may execute the request or refuse
forfeiture of the monetary instrument or to execute the same and inform the foreign
property in a criminal prosecution for any State of any valid reason for not executing
money laundering offense, the offender or the request or for delaying the execution
any other person claiming an interest thereof. The principles of mutuality and
therein may apply, by verified petition, for reciprocity shall, for this purpose, be at all
a declaration that the same legitimately times recognized.
belongs to him and for segregation or
exclusion of the monetary instrument or 2. Powers of the AMLC to Act on a Request
property corresponding thereto. for Assistance from a Foreign State

The verified petition shall be filed with the The AMLC may execute a request for
court which rendered the judgment of assistance from a foreign State by:
conviction and order of forfeiture, within a. Tracking down, freezing, restraining
15 days from the date of the order of and seizing assets alleged to be
forfeiture, in default of which the said proceeds of any unlawful activity;
order shall become final and executory. b. Giving information needed by the
foreign State; and
3. Payment in Lieu ofForfeiture c. Applying for an order of forfeiture of
any monetary instrument or property
tostaoces when order of fnrfein,ce in the court.
cannot be enforced
NOTE: The court shall not issue such an
a. Any particular monetary instrument or order unless the application is
property cannot, with due diligence, be accompanied by an authenticated copy of
located; the order of a court in the requesting State
b. It has been substantially altered, ordering the forfeiture of said monetary
destroyed, diminished in value or instrument or property, and a certification
otherwise rendered worthless by any act or an affidavit of a competent officer of the
or omission, directly or indirectly, requesting State stating that the conviction
attributable to the offender; and the order of forfeiture are final.
c. It has been concealed, removed,
converted or otherwise transferred to 3. Obtaining Assistance from Foreign States
prevent the same from being found or to
avoid forfeiture thereof; The AMLC may make a request to any foreign
d. It is located outside the Philippines or State for assistance in:
has been placed or brought outside the
jurisdiction of the court: and a. Tracking down, freezing, restraining and
e. It has been commingled with other seizing assets alleged to be proceeds of
monetary instruments or property any unlawful activity;
belonging to either the offender himself b. Obtaining information that it needs
or a third person or entity, thereby relating to any covered transaction,
rendering the same difficult to identify or money laundering offense or any other
be segregated for purposes of forfeiture. matter directly or indirectly related
thereto;
The Court may instead accordingly order c. To the extent allowed by the law of the
the convitted offender to pay an amount foreign State, applying with the proper
equal to the value of said monetary court therein for an order to enter any
instrument or property. premises belonging to or in the
possession or control of, any or all of the
MUTUAL ASSISTANCE AMONG STATES persons named in said request, and/or
search any or all such persons named
1. Request for Assistance from a Foreign therein and/or remove any document,
State material or object named in said request;
d. Applying for an order of forfeiture of any
Where a foreign State makes a request for monetary instrument or property in the
assistance in the investigation or proper court in the foreign State.
prosecution of a money laundering offense,

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4. Limitations on Requests for Mutual oath or affirmation of a witness or sealed


Assistance with an official or public seal of a minister,
secretary of State, or officer in or of, the
GR: The AMLC may refuse to comply with government of the requesting State, or of
any request for assistance where the the person administering the government
action sought by the request contravenes or a department of the requesting
any provision of the Constitution or the territory, protec.torate or colony.
execution of a request is likely to prejudice
the national interest of the Philippines. The certificate of authentication may also
be made by a secretary of the embassy or
XPN: When there is a treaty between the legation, consul general, consul, vice
Philippines and the requesting State consul, consular agent or any officer in the
relating to the assistance in relation to foreign service of the Philippines stationed
money laundering offenses. in the foreign State in which the record is
kept, and authenticated by the seal of his
5. Requirements for Requests for Mutual office.
Assistance from Foreign States
7. Extradition
a. Confirm that an investigation or
prosecution is being conducted in The Philippines shall negotiate for the
respect of a money launderer named inclusion of money laundering offenses as
therein or that he has been convicted of herein defined among extraditable
any money laundering offense; offenses in all future treaties. (Sec. 13, R.A.
b. State the grounds on which any person 9160)
is being investigated or prosecuted for
money laundering or the details of his PROHIBITIONS AGAINST POLITICAL
conviction; HARASSMENT
c. Give sufficient particulars as to the
identity of said person; This Act shall not be used for political
d. Give particulars sufficient to identify persecution or harassment or as an instrument
any covered institution believed to to hamper competition in trade and commerce.
have any information, document, No case for money laundering may be filed
material or object which may be of against and no assets shall be frozen, attached
assistance to the investigation or or forfeited to the prejudice of a candidate for
prosecution; an electoral office during an election period.
e. Ask from the covered institution (Sec. 16, R.A. 9160)
concerned any information, document,
material or object which may be of RESTITUTION
assistance to the investigation or
prosecution; Restitution for any aggrieved party shall be
f. Specify the manner in which and to governed by the provisions of the New Civil
whom said information, document, Code. (Sec.17, R.A. 9160)
material or objec.t obtained pursuant to
said request, is to be produced;
g. Give all the particulars necessary for OBSTRUCTION OF JUSTICE
the issuance by the court in the P.D.1829
requested State of the writs, orders or
processes needed by the requesting
State; and Pnrnnse
h. Contain such other information as may
assist in the execution of the request. To discourage public indifference or apathy
towards the apprehension and prosecution of
6. Authentication of Documents criminal offenders. It is necessary to penalize
acts which obstructs or frustrates or tend to
A document is authenticated if the same is obstruct or frustrate the successful
signed or certified by a judge, magistrate apprehension and prosecution of criminal
or equivalent officer in or of, the offenders.
requesting State, and authenticated by the

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PUNISHABLE ACTS appearing in the investigation of or in


officiaJ proceedings in, criminal cases; and
Any person, who knowingly or willfully 9. Giving of false or fabricated information to
obstructs, impedes, frustrates, or delays the mislead or prevent the law enforcement
apprehension of suspects and the investigation agencies from apprehending the offender
and prosecution of criminal cases by or from protecting the life or property of
committing any of the following acts: the victim, or fabricating information from
the data gathered in confidence by
1. Preventing witnesses from testifying in any investigating authorities for purposes of
criminal proceeding or from reporting the background information and not for
commission of any offense or the identity of publication and publishing or
any offender/s by means of bribery, disseminating the same to mislead the
misrepresentation, deceit. intimidation, investigator or the courL (Sec. 1, P.O. 1829)
force, or threats;
2. Altering, destroying, suppressing, or NOTE: If any of the acts mentioned herein is
concealing any paper, record, document. or penalized by any other law with a higher
objec.t, with intent to impair its veracity, penalty, the higher penalty shall be imposed. If
authenticity, legibility, availability, or any of the foregoing acts are committed by a
admissibility as evidence in any public official or employee, he shall, in addition
investigation of or official proceedings in, to the penalties provided there under, suffer
criminal cases, or to be used in the perpetual disqualification from holding public
investigation of, or official proceedings in, office. (Sec. 2, P.D.1829)
criminal cases; (2005 BAR)
3. Harboring or concealing, or facilitating the Q: Senator Juan Ponce Enrile was charged
escape of any person he knows, or has for rebellion. Subsequently, he was charged
reasonable ground to believe or suspect. under P.O. 1829 for allegedly
has committed any offense under existing accommodating Col. Gregorio Honasan by
penal laws in order to prevent his arrest. giving him food and comfort in 1989. The
prosecution and conviction; complaint states that "knowing that Col.
4. Publicly using a fictitious name for the Honasan is a fugitive from justice, Sen.
purpose of concealing a crime, evading Enrile did not do anything to have Honasan
prosecution or the execution of a judgment. arrested and apprehended.· While the
or concealing his true name and other complaint was filed, a charge of rebellion
personal circumstances for the same against Sen. Enrile was already instituted. Is
purpose or purposes; Sen. Juan Ponce Enrile liable under P.O.
5. Delaying the prosecution of criminal cases 1829?
by obstructing the service of process or
court orders or disturbing proceedings in A: NO. Sen. Enrile could not be separately
the fiscal's offices, in Tanodbayan, or in the charged under P.O. 1829, as this is absorbed in
courts; the charge of rebellion already filed against Sen.
6. Making, presenting, or using any record, Enrile. (Enrile v. Hon. Admin., G.R. No. 9333S,
document. paper, or object with knowledge September 13, 1990)
of its falsity and with intent to affect the
course or outcome of the investigation of.
or official proceedings in criminal cases; ANTI-TORTURE ACT
7. Soliciting, accepting, or agreeing to accept R.A9745
any benefit in consideration of abstaining
from. discounting. or impeding the
prosecution of a criminal offender; Torture
8. Threatening directly or indirectly another
with the infliction of any wrong upon his An act by which severe pain or suffering.
person, honor, or property or that of any whether physical or mental, is intentionally
immediate member or members of his inflicted on a person for such purposes as
family in order to prevent such person obtaining from him/her or a third person
from appearing in the investigation of, or information or a confession; punishing him/her
official proceedings in criminal cases, or for an act he/she or a third person has
imposing a condition, whether lawful or committed or is suspected of having
unlawful, in order to prevent a person from committed; or intimidating or coercing him/her

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or a third person; or for any reason based on vomit and/or blood until the brink of
discrimination of any kind, when such pain or suffocation;
suffering is inflicted by or at the instigation of 6. Being tied or forced to assume fixed and
or with the consent or acquiescence of a person stressful bodily position;
in authority or agent of a person in authority. 7. Rape and sexual abuse, including the
(Sec. 3 (o), RA 9745) insertion of foreign objects into the sex
organ or rectum, or electrical torture of
NOTE: It does not include pain or suffering the genitals;
arising only from inherent in or incidental to 8. Mutilation or amputation of the essential
lawful sanctions. (Sec. 3 (a), RA 9745) parts of the body such as the genitalia,
ear, tongue, etc.;
Other cruel inhuman and dercadioe 9. Dental torture or the forced extraction of
rcearment or nnnishment the teeth;
10. Pulling out offingernails;
A deliberate and aggravated treatment or 11. Harmful exposure to the elements such
punishment, not enumerated under Section 4 of as sunlight and extreme cold;
this Act, inflicted by a person in authority or 12. The use of plastic bag and other materials
agent of a person in authority against a person placed over the head to the point of
under his/her custody which attains a level of asphyxiation;
severity causing suffering, gross humiliation or 13. The use of psychoactive drugs to change
debasement to the latter. (Sec. 3(b), R.A. 9745) the perception, memory. alertness or will
of a person, such as:
NOTE: The assessment of the level of severity i. The administration or drugs to
shall depend on all the circumstances of the induce confession and/or reduce
case, including the duration of the treatment or mental competency; or
punishment, its physical and mental effects, ii. The use of drugs to induce extreme
and, in some cases, the sex, religion, age, and pain or certain symptoms of a
state of health of the victim. (Sec. 5, R.A. 9745) disease; and
14. Other analogous acts of physical torture.
PUNISHABLE ACTS
B. Mental/psychological torture refers to acts
I Aas oCTortuct calculated to affett or confuse the mind
and/or undermine a person's dignity, and
Torture, as punished under the law, may either morale, such as:
be physical or mental/psychological. 1. Blindfolding;
2. Threatening a person(s) or his/her
A. Physical torture is a form of treatment or relative(s) with bodily harm, execution,
punishment that causes severe pain, or other wrongful acts;
exhaustion, disability, or dysfunction of one 3. Confinement in solitary cells or secret
or more parts of the body, such as: detention places;
4. Prolonged interrogation;
1. Systematic beating, head-banging, 5. Preparing a prisoner for a ..show trial,"
punching, kicking, striking with public display, or public humiliation of a
truncheon or riHe butt or other similar detainee or prisoner;
objects, and jumping on the stomach; 6. Causing unscheduled transfer of a person
2. Food deprivation or forcible feeding with deprived of liberty from one place to
spoiled food, animaJ or human excreta. another creating the belief that he/she
and other stuff or substances not will be summarily executed;
normally eaten; 7. Maltreating a member/s of a person's
3. Electric shock; family;
4. Cigarette burning, burning by electrically 8. Causing the torture sessions to be
heated rods, hot oil or acid, or by the witnessed by the person's family,
rubbing of pepper or other chemical relatives, or any third party;
substances on mucous membranes, or 9. Denial of sleep/rest;
acids or spices directly on the wound; 10. Shame infliction such as stripping the
5. The submersion of the head in water or person naked, parading him/her in
water polluted with excrement, urine, public places, shaving the victim's head
or putting marks on his/her body against

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his/her will;Deliberately prohibiting the a. Any person who actually participated


victim to communicate with any member or induced another in the commission
of his/her family; and of torture or other cruel, inhuman, and
11. Other analogous acts of degrading treatment or punishment, or
mental/psychological torture. (Sec. 4, R.A. who cooperated in the execution of the
9745) act of torture or other cruel, inhuman,
and degrading treatment or
II Aas coosfiu1tiae cn1tl inhuman and punishment by previous or
deeradioe trtanueat or mrnisbmeot simultaneous acts;
b. Any superior military, police or law
AoolicahletnAI I, rircnmstances enforcement officer, or senior
government official who issued an
A state of war or a threat of war, internal order to any lower ranking personnel
political instability, or any other public to commit torture for whatever
emergency, or a document or any purpose;and
determination comprising an "order of battle" c. The immediate commanding officer of
shall not and can never be invoked as a the unit concerned of the AFP or the
justification for torture and other cruel, immediate senior public official of the
inhuman, and degrading treatment or PNP and other law enforcement
punishment. (Sec. 6, R.A 9745) agencies, if:

Applicability of Exclusionary Rule i. By his act or om1ss1on, or


negligence, he has led, assisted,
GR: Any confession, admission, or statement abetted, or allowed, whether
obtained as a result of torture shall be directly or indirectly, the
inadmissible in evidence in any proceedings. commission of torture by his/her
subordinates; or
XPN: If the same is used as evidence against a ii. He/she has knowledge of or, owing
person or persons accused of committing to the circumstances at the time,
torture. (Sec. 8, R.A 9745) should have known that acts of
torture or other cruel, inhuman,
Torture as a Separate and Independent and degrading treatment or
l:i:.i.wJ:. punishment will be committed, is
being committed, or has been
Torture as a crime shall not absorb or shall not committed by his/her
be absorbed by any other crime or felony subordinates or by others within
committed as a consequence or as a means in his/her area of responsibility and,
the conduct or commission thereof. In which despite such knowledge, did not
case, torture shall be treated as a separate and take preventive or corrective
independent criminal act whose penalties shall action either before, during. or
be imposable without prejudice to any other immediately after its commission,
criminal liability provided for by domestic and when he/she has the authority to
international laws. (Sec. 15, R.A. 9745) prevent or investigate allegations
of torture or other cruel, inhuman,
Aoalirahilitv nfBefnnlec and degrading treatment or
punishment but failed to prevent
No person shall be expelled, returned, or or investigate allegations of such
extradited to another State where there are act, whether deliberately or due to
substantial grounds to believe that such person negligence.
shall be in danger of being subjected to torture.
(Sec. 17, R.A 9745) 2. Any public officer or employee will be
liable as an accessory if he/she has
PERSONS LIABLE knowledge that torture or other cruel,
inhuman, and degrading treatment or
1. As principals for the crime of torture or punishment is being committed and
other cruel or inhuman and degrading without having participated in its
treatment or punishment: commission, either as principal or

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accomplice, takes part subsequent to its family, shall have the right to immediate access
commission: to proper and adequate medical treatment

a. By profiting from or assisting the The physical examination and/or psychological


offender to profit from the effects evaluation of the victim shall be contained in a
of the act of torture or other cruel, medical report, duly signed by the attending
inhuman, and degrading treatment physician, which shall include in detail his/her
or punishment; or medical history and findings, and which shall he
b. By concealing the act of torture or attached to the custodial investigation report
other cruel, inhuman, and Such report shall be considered a public
degrading treatment or document (Sec. 12, R.A. 9745)
punishment and/or destroying the
effects or instruments of torture in NOTE: Any person who does not wish to avail
order to prevent its discovery; or of the rights may knowingly and voluntarily
c. By harboring, concealing, or waive such rights in writing, executed in the
assisting in the escape of the presence and assistance of his/her counsel.
principal/s in the act of torture or (Sec. 12, R.A. 9745)
other cruel, inhuman, and
degrading treatment or RIGHTS OF A VICTIM
punishment, provided the
accessory acts are done with the 1. To have a prompt and impartial
abuse of the official's public investigation by the CHR and other
functions. (Sec. 13, R.A. 9745) concerned government agencies such as
the DOJ, the PAO, the PNP, the NBI, and the
Prohibited Detention AFP;

Secret detention places, solitary confinement. NOTE: A prompt investigation shall mean a
incommunicado, or other similar forms of maximum period of sixty (60) working
detention, where torture may be carried out days from the time a complaint for torture
with impunity are prohibited. (Sec. 7, R.A. 9745) is filed within which an investigation report
and/or resolution shall be completed and
AonHcahilitx ofrbe BPC made available. An appeal, whenever
available, shall be resolved within the same
The provisions of the Revised Penal Code period prescribed herein.
insofar as they are applicable shall be
suppletory to this Act. Moreover, if the 2. To have sufficient government protection
commission of any crime punishable under against all forms of harassment. threat,
Title Eight (Crimes Against Persons) and Title and/or intimidation as a consequence of
Nine (Crimes Against Personal Liberty and the filing of a complaint for torture or the
Security) of the Revised Penal Code is attended presentation of evidence for such
by any of the acts constituting torture and other complaint; and
cruel, inhuman, and degrading treatment or
punishment as defined herein, the penalty to be NOTE: The protection extends to other
imposed shall be in its maximum period. (Sec. persons involved in the
22, R.A. 9745) investigation/prosecution such as his/her
lav.,yer, witnesses and relatives.
RIGHTS TO PHYSICAL, MEDICAL, AND
PSYCHOLOGICAL EXAMINATION 3. To be given sufficient protection in the
manner by which he/she testifies and
Before and after interrogation, every person presents evidence in any forum to avoid
arrested, detained, or under custodial further trauma. (Sec. 9, R.A. 9745)
investigation shall have the right to he informed
of his/her right to demand physical Cnmnensatinn rn Yietlms nfiom,ce
examination by an independent and competent
doctor of his/her own choice. Furthermore, any Any person who has suffered torture shall have
person arrested, detained, or under custodial the right to claim for compensation as provided
investigation, including his/her immediate for under R.A. 7309: Provided, that in no case

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shall compensation be any lower than Ten information or other formal charge sufficient in
thousand pesos (Pl0,000). form and substance to sustain a conviction and
after the accused had pleaded to the charge, the
NOTE: Victims of torture shall also have the acquittal of the accused or the dismissal of the
right to claim for compensation from such other case shall be a bar to another prosecution for
financial relief programs that may be made any offense or felony which is necessarily
available to him/her under existing law and included in the offense charged under this Act.
rules and regulations. (Sec. 18, R.A. 9745) (Sec. 49, R.A. 9372)

PUNISHABLE ACTS
HUMAN SECURITY ACT
R.A. 9372 1. Terrorism (Sec. 3, R.A 9372);
2. Conspiracy to commit terrorism (Sec. 4, R.A.
9372);
PUNISHABLE ACTS 3. Accomplice (Sec. 5, R.A. 9372);
4. Accessory (Sec. 6, R.A. 9372);
5. Unauthorized or malicious interceptions
Any act punishable under any of the following
and/or recording (Sec. 16, R.A. 9372);
provisions of the:
6. Failure to deliver suspect to the proper
judicial authority within three days (Sec.
RPC SPECIAL PENAL LAWS
20, R.A. 9372);
7. Violation of the rights of detainee bya
1. Piracy in 1. Anti-Hijacking Law police officer or his superior if the police
General and 2. Anti-Piracy and
officer is not identified (Sec. 22, R.A. 9372);
Mutiny in the Anti-Highway 8. Threat, intimidation, coercion, or torture in
High Seas or in Robbery Law of the investigation and interrogation of a
the Philippine 1974 (P.O. 532)
detained person (Sec. 25, R.A 9372);
Waters 3. Decree Codifying
9. Unauthorized or malicious examination of a
2. Rebellion or the Laws on Illegal bank or a financial institution (Sec. 36, R.A.
Insurrection and Unlawful
9372);
3. Coup d'etat, Possession,
10. Defiance by the bank office or employee of
including acts Manufacture, court authorization (Sec. 37, R.A. 9372);
committed by Dealing In,
11. False, untruthful statement or
private persons Acquisition or
misrepresentation of material fact in joint
4. Murder Disposition of affidavits (Sec. 38, R.A. 9372);
5. Kidnapping and Firearms,
12. Unjustified refusal to restore or delay in
Serious Illegal Ammunitions or restoring seized, sequestered, and frozen
Detention Explosives bank deposits, placements, trust accounts,
6. Crimes 4. The Law on Arson
assets, and records (Sec. 42, R.A. 9372);
Involving 5. Toxic Substances 13. Loss, misuse, diversion, or dissipation of
Destruc.tion and Hazardous and seized, sequestered, and frozen bank
Nuclear Waste
deposits (Sec. 43, R.A. 9372);
Control Att of 1990 14. Infidelity in the custody of detained
6. Atomic Energy persons (Sec. 44, R.A. 9372);
Regulatory and
15. Unauthorized revelation of classified
Liabili Att of 1968
materials (Sec. 46, R.A. 9372); and
16. Furnishing false evidence, forged
The abovementioned ac.t must: document, or spurious evidence (Sec. 47,
R.A. 9372).
1. Sow and create a condition of widespread
and extraordinary fear and panic among PERSONS LIABLE
the populace;
2. Coerce the government to give in to an As Principal - Any person who commits any of
unlawful demand. (Sec. 3, R.A. 9372) the acts under Sec. 3 and 4.
Absorption Principle in Terrorism As Accomplice - any person who not being a
principal under Art. 17 of the RPC or a
When a person has been prosecuted under a conspirator as defined under Sec. 4 hereof,
provision of this Act. upon a vaJid complaint or

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cooperates in the execution of either the crime correspondence shall not be authorized. (Sec. 7,
of terrorism or conspiracy to commit terrorism R.A. 9372)
by previous or simultaneous acts. (Sec. 5, R.A.
9372)
THE TERRORISM FINANCING PREVENTION
As Accessory - AND SUPPRESSION ACT OF 2012
R.A.10168
GR: Any person who, having knowledge of the
commission of the crime of terrorism or
conspiracy to commit terrorism and without PERSONS LIABLE
having participated therein either as principal
or accomplice under Art. 17 and 18 of the RPC, Terrorist
takes part subsequent to its commission in any
of the following manner: Any natural person who:

1. By profiting himself or assisting the 1.


Commits, or attempts, or conspires to
offender to profit by the effects of the commit terrorist acts by any means,
crime; directly or indirectly, unlawfully, and
2. By concealing or destroying the body of the willfully;
crime or the effects or instruments thereof 2. Participates, as a principal or as an
in order to prevent its discovery; accomplice_. in terrorist acts;
3. By harboring, concealing, or assisting in the 3. Organizes or directs others to commit
escape of the principal or conspirator of the terrorist acts; or
crime. (Sec. 6, por. 1, R.A. 9372) 4. Contributes to the commission of terrorist
acts by a group of persons acting with a
XPN: Spouses, ascendants, descendants, common purpose where the contribution is
legitimate, natural and adopted brothers and made intentionally and with the aim of
sisters, or relatives by affinity within the same furthering the terrorist act or with the
degree. knowledge of the intention of the group to
commit a terrorist act (Sec. 3(i), R.A.
XPN to the XPN: Those falling under (a). (Sec. 6, 10168)
par. 2, R.A. 9372)
Ieccorist oreaoizatioo assoeiatloo or a
SuJYemance of Susoecrs and tntercentinn eronn ofoecsoos
and Recording of Communications
Any entity owned or controlled by any terrorist
GR: The provisions of R.A. 4200 (Anti•Wire or group of terrorists that:
Tapping Law) to the contrary notwithstanding,
a police or law enforcement official and the 1.
Commits, or attempts to commit. terrorist
members of his team may, upon a written order acts by any means, directly or indiret1:ly,
of the Court of Appeals, listen to, intercept, and unlawfully and willfully;
record, with the use of any mode, form, kind, or 2. Participates as an accomplice in terrorist
type of electronic, or other surveillance acts;
equipment or intercepting and tracking devices, 3. Organizes or directs others to commit
or with the use of any other suitable ways and terrorist acts; or
means for that purpose, any communication. 4. Contributes to the commission of terrorist
message. conversation, discussion, or spoken or acts by a group of persons at1:ing with
written words between members of a judicially common purpose of furthering the terrorist
declared and outlawed terrorist organization. act where the contribution is made
association, or group of persons or of any intentionally and with the aim of furthering
person charged with or suspected of the crime the terrorist act or with the knowledge of
of terrorism or conspiracy to commit terrorism. the intention of the group to commit a
terrorist at1:. (Sec. 3(k}, R.A. 10168)
XPN: Surveillance, interception, and recording
of communications between lawyers and Extra-tecritnrial Aoalicatloo
clients, doctors and patients, journalists and
their sources, and confidential business The criminal provisions of this act shall apply:

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CRIMINAL LAW

1. To individual persons who, although Republic of the Philippines is a State party.


physically outside the territorial limits of (Sec. 3U), R.A. 10168)
the Philippines:
PUNISHABLE ACTS
a. Commit, conspire, or plot to commit
any of the crimes defined and 1. Financing terrorism
punished in this Act inside the
territorial limits of the Philippines; Possessing, providing, collec.ting or using
b. Commit any of the said crimes on property or funds or making available
board Philippine ship or Philippine property, funds or financial service or
airship; other related services, by any means, with
c. Commit any of said crimes within the unlawful and willful intention that they
any embassy, consulate, or should be used or with the knowledge that
diplomatic premises belonging to or they are to be used, in full or in part:
occupied by the Philippine
government in an official capacity; a. To carry out or facilitate the
d. Commit said crimes against commission of any terrorist act;
Philippine citizens or persons of b. By a terrorist organization, association
Philippine descent, where their or group; or
c. By an individual terrorist. (Sec. 4, R.A.
citizenship or ethnicity was a factor
in the commission of the crime; 10168)
e. Commit said crimes directly against
the Philippine government NOTE: For an act to constitute a crime
under this Act, it shall not be necessary
2. To Filipino national who, although outside that the funds were actually used to carry
the territorial jurisdiction of the out a crime referred to in Section 3(i). (Sec.
Philippines: 4, R.A. 10168)

a. Commit, conspire or plot to commit 2. Dealing with property or funds of


any of the crimes defined and designated persons
punished in this Act. (Sec. 19, R.A.
10168) Any person who, not being an accomplice
under or accessory in relation to any
NOTE: This is subjett to the provision of an property or fund:
existing treaty, including the International
Convention for the Suppression of the a. Deals directly or indirectly, in any way
Financing of Terrorism of which the Philippines and by any means, with any property
is a State Party, and to any contrary provision of or fund that he knows or has
any law of preferential application. (Sec. 19, R.A. reasonable ground to believe is owned
10168) or controlled by a designated person,
organization, association or group of
TERRORIST ACTS persons, including funds derived or
generated from property or funds
1. Any act in violation of Section 3 or Section owned or controlled, directly or
4 of the Human Security Act of2007; indirectly, by a designated person,
2. Any other act intended to cause death or organization, association or group of
serious bodily injury t o a civilian, or to any persons; or
other person not taking an active part in b. Makes available any property or funds,
the hostilities in a situation of armed or financial services or other related
conflitt, when the purpose of such act, by services to a designated and/or
its nature or context, is to intimidate a identified person, organization,
population, or to compel a government or association, or group of persons. (Sec.
an international organization to do or to 8, R.A.10168)
abstain from doing any act; or
3. Any ac.t which constitutes an offense under Knowledge or tnrent
this Att, that is within the scope of any of
the following treaties of which the Established by direct evidence or inferred from
the attendant circumstances.

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Predifare Offenses Anti-Terrorism Council (ATC) is authorized to


investigate or inquire:
Finance terrorism under Sec. 4, dealing with
property or funds of designated persons or 1. Any property or funds that are in any way
attempt or conspiracy to commit said crimes related to financing of terrorism or acts of
shall be predicate offenses to money laundering terrorism;
as defined under the Anti-Money Laundering 2. Property or funds of any person or persons
Act of 2001. (Sec. 17, RA 10168) in relation to whom there i s probable cause
to believe that such person or persons are
Appropriation and Use of Funds of Public committing or attempting or conspiring to
Attorney's Office {PAO) commit. or participating in or facilitating
the financing of terrorism or acts of
Any appropriation and use of funds of PAO to terrorism; or
provide free legal assistance or services to 3. Deposits and investments with any banking
persons charged of the offenses defined and institution or non-bank financial institution
penalized herein shall not be construed as a and their subsidiaries and affiliates without
violation of this Act, thereby exempting PAO a court order notwithstanding the
from any liability. (Sec.14, RA 10168) provisions of the The General Banking Law
and other laws. (Sec.10, R.A.10168)
Essentially, the PAO is exempt from liability
under Section 8, which punishes any person The AMLC, either upon its initiative or at the
who, not being an accomplice or accessory. request of the ATC, is authorized to issue an ex
makes available any property or funds, or parte order to freeze without delay:
financial services or other related services to a
designated and/or identified person, 1. Property or funds that are in any way
organization, association, or group of persons. related to financing of terrorism or acts of
terrorism; or
ATTEMPT OR CONSPIRACY TO COMMIT 2. Property or funds of any person, group of
FINANCING TERRORISM AND DEALING persons, terrorist organization. or
WITH PROPERTY OR FUNDS DESIGNATED association, in relation to whom there is
PERSONS probable cause to believe that they are
committing or attempting or conspiring to
Attemnt commit. or participating in or facilitating
the commission of financing of terrorism or
Any attempt to commit any crime under Sec. 4 acts of terrorism.
or Sec. 8 of this Att shall be penalized by a
penalty two degrees lower than that prescribed XPN: Such sums as the court determines to
for the commission of the same. (Sec. 5, RA be reasonably needed for monthly family
10168) needs and sustenance including the
services of counsel and the family medical
Consoiracx needs of such person. (Sec. 13, par. 1, RA
10168)
When two (2) or more persons come to an
agreement concerning the commission of the Freeze
punishable acts under Sec. 4 and Sec. 8 and
decided to commit it. (Sec. 5, R.A.10168) Blocking or restraining of specific property or
funds from being transacted, converted,
Any conspiracy to commit any crimes conceaJed, moved or disposed without affecting
punishable under this Act shall be penalized by the ownership. (Sec. 3(9), R.A.10168)
the same penalty prescribed for the
commission of such crime under the said Freeze Order
sections. (Sec. 5, R.A.10168)
Effective for a period not exceeding twenty (20)
AUTHORITY TO INVESTIGATE AND days. Upon a petition filed by the AMLC before
AUTHORITY TO FREEZE the expiration of the period, the effectivity of
the freeze order may be extended up to a
The Anti-Money Laundering Council (AMLC), period not exceeding six (6) months upon order
upon its own initiative or at the request of the of the Court of Appeals: Provided, That the

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CRIMINAL LAW

twenty-day period shall be tolled upon filing of requesting or granting extradition in respect of
a petition to extend the effectivity of the freeze the offenses set forth under this Act. (Sec. 20,
order. R.A. 10168)

The AMLC, consistent with the Philippines'


international obligations, shall be authorized to ANTI-WIRE TAPPING ACT
issue a freeze order with respect to property or R.A4200
funds of a designated organization, association,
group or any individual to comply with binding
terrorism·related Resolutions, including PUNISHABLE ACTS
Resolution No. 1373, of the UN Security Council
pursuant to Article 41 of the Charter of the UN. 1. Tap any wire or cable, or by using any
Such order shall be effective until the basis for other device or arrangement. to secretly
the issuance thereof shall have been lifted. (Sec. overhear. intercept. or record such
11, R.A.10168) communication or spoken word by using a
device commonly known as a Dictaphone
However, if the property or funds subject of the or dictograph or detectaphone or walkie­
freeze order under the immediately preceding talkie or tape recorder. (Sec. 1, par. 1, R.A.
paragraph are found to be in any way related to 4200)
financing of terrorism or acts of terrorism 2. Knowingly possess any tape record, wire
committed within the jurisdiction of the record, disc record. or any other such
Philippines, said property or funds shall be the record, or copies thereof, of any
subject of civil forfeiture proceedings. (Sec. 11, communication or spoken word secured
R.A. 10168) either before or after the effective date of
this At1:.
Upon receipt of the notice of a freeze order, the 3. Replay the said tape record, wire record or
covered institutions and/or relevant disc record for any other person or
government agencies shall: persons.
4. Communicate the contents of the said tape
1. Immediately preserve the subject record, wire record or disc record, either
property or funds; verbally or in writing.
2. Serve a copy of the notice of the freeze 5. Furnish transcriptions of the said tape
order upon the owner or holder of the record. Wire record or disc record,
property or funds (Sec. 16, R.A. 10168) whether complete or partial, to any other
person. (Sec. 1, par. 2, R.A. 4200)
Enrfein,ce 6. Knowingly does or aid, permit or cause to
de done any of the acts declared unlawful
Court order transferring in favor of the in Sec. 1. (Sec. 2, R.A. 4200)
government, after due process, ownership of
property or funds representing, involving. or XPN: Any peace officer, who is authorized by a
relating to financing of terrorism, dealing with written order of the Court, to execute any of
property or funds of designated persons or the acts declared to be unlawful in cases
attempt or conspiracy to commit the said involving the crimes of treason, espionage,
crimes. provoking war and disloyalty in case of war,
piracy, mutiny in the high seas, rebellion,
Civil forfeiture shall be made in accordance conspiracy and proposal to commit rebellion,
with the Anti-Money Laundering Act (AMLA), inciting to rebellion, sedition, conspiracy to
as amended, its Revised Implementing Rules commit sedition, inciting to sedition,
and Regulations and the Rules of Procedure kidnapping and violations of Commonwealth
promulgated by the Supreme Court. (Sec. 18, Act No. 616, punishing espionage and other
R.A. 10168) offenses against national security. (Sec. 3, par.
1, R.A. 4200)
Extradition
Written Order
The Philippines may, at its option, subject to the
principle of reciprocity, consider the Issued only upon written application and the
International Convention for the Suppression of examination under oath or affirmation of the
the Financing of Terrorism as a legal basis for

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applicant and the witnesses he may produce case dismissed provided that L pays PS,000
and a showing that: and makes a public apology. Ltold Atty. T to
call him up the following day as he would
1. There are reasonable grounds to believe consult his lawyer.
that any of the crimes enumerated
hereinabove exception has been The following day when Atty. T called up t.
committed or is being committed or is the latter requested his lawyer Atty. X, who
about to be committed. Provided, that in was in his (L's) office at that time, to secretly
cases involving the offenses of rebellion, listen to the telephone conversation through
conspiracy and proposal to commit a telephone extension.
rebellion, inciting to rebellion, sedition,
conspiracy to commit sedition, and When the PS,000 agreed upon on the
inciting to sedition, such authority shall telephone was delivered to Atty. T at the
be granted only upon prior proof that a appointed place and time, he (Atty. T) was
rebellion or acts of sedition, as the case arrested by the police for
may be, have actually been or are being Robbery/Extortion on complaint of L who
committed; was accompanied by his lawyer, Atty. X. Atty.
2. There are reasonable grounds to believe X executed an affidavit stating that he beard
that evidence will be obtained essential Atty. T demanding PS,000 for the
to the conviction of any person for, or to withdrawal of the criminal complaint
the solution of, or to the prevention of, through a telephone extension. On the basis
any of such crimes; and of this affidavit, Atty. T filed a criminal
3. There are no other means readily complaint against Atty. X and L for violation
available for obtaining such evidence. of sec. 1 of RA. No. 4200, otherwise known as
(Sec. 3, par. 1, R.A. 4200) the Anti-Wire Tapping Act. which says:

Period ofAuthorization ofWritten Order "It shall be unlawful for any person not
being authorized by all the parties to any
Effective for the period specified in the Order, private conversation or spoken word to tap
but shall not exceed sixty (60) days from the any wire or cable or b y using any other
date of issuance. (Par. 2, Sec. 3, R.A 4200) device or arrangement, to secretly overhear,
intercept or record such communication or
After the expiration of such period, all spoken word by using a device commonly
recordings made under court authorization known as Dictaphone or dictograph or
shall, within forty-eight (48) hours after the detectaphone, walkie-talkie or tape
expiration of the period fixed in the order, be recorder, or however otherwise described."
deposited with the court in a sealed envelope or If you were the Judge, would you convict or
sealed package. Such package shall not be acquit Land his lawyer, Atty. X? Explain.
opened, or the recordings replayed, or used in
evidence, or their contents revealed. (Sec. 3, par. A: NO. It is a telephone extension and those
3, R.A 4200) enumerated by law means an extension with
permanent recording of which a telephone
XPN: Upon motion, with due notice and extension is not.
opportunity to be heard to the person or
persons whose conversation or An extension telephone cannot be placed in the
communications have been recorded. (Sec. 3, same category as a dictaphone, dictagraph or
par. 3, R.A. 4200) the other devices enumerated in Section 1 of
R.A. 4200 as the use thereof cannot be
The court referred shall be understood to mean considered as "' tapping'" the wire or cable of a
the Regional Trial Court within whose telephone line. The telephone extension in this
territorial jurisdiction the acts for which case was not installed for that purpose.
authority is applied is for are executed. (Sec. 3,
par. 3, R.A. 4200) A person should safely presume that the party
he is calling at the other end of the line
Q: C told his lawyer, Atty. T, to settle the probably has an extension telephone and he
criminal case he filed against t. and so Atty. runs the risk of a third party listening as in the
T called up through telephone L, and case of a party line or a telephone unit which
informed him that C is willing to have the

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CRIMINAL LAW

shares its line with another. (Gaanan v. /Al; G.R 2. That the tape played in the court was the
No. L-69809, October 16, 1986) one he recorded; and
3. That the voices on the tape are those of
Q: From an extension line, Ricardo the persons such are claimed to belong.
overheard a telephone conversation
between Julito and Atty. Hipolito. The latter In the given facts, it is dear that jalbuena was
(Atty. Hipolito) was asking money from able to comply with the aforementioned
Julito in exchange for dropping the extortion requisites. Hence, there is no question that his
charge filed against Julito. Ricardo was voice recording is admissible. (Novarro v. CA
charged of violating the Anti-Wire Tapping ond People, G.R. No. 121087, August 26, 1999)
Act or RA. 4200. Under these facts, was
there a violation as charged? (2013 BAR) NON-ADMISSIBILITY IN EVIDENCE

A: NO, because a telephone extension line is not Any communication or spoken word, or the
the device or arrangement contemplated by the existence, contents, substance, purport. effect.
law and the use of an extension line cannot be or meaning of the same or any part, or any
considered as wire tapping. information therein contained obtained or
secured by any person in violation of the
Q: Lingan and Jalbuena, who were reporters provisions of the Att shall not be admissible in
in a radio station, went to a police station to evidence in any judicial, quasi-judicial,
report an offense while they were legislative or administrative hearing or
investigating an entertainment house. The investigation. (Sec. 4, R.A. 4200)
stationed police officers, who were having a
drinking spree, aggressively dismissed Q: In an annulment proceeding, among the
them. exhibits offered by private respondent were
three (3) cassette tapes of alleged telephone
During an altercation, Navarro hit Lingan conversations between petitioner and
with the back of his pistol and thereafter hit unidentified persons. Will the tapes be
the latter's head on concrete. Lingan died admissible as evidence?
from his wounds, thus Navarro was charged
of murder. Jalbuena was able to produce a A: NO. Absent a clear showing that both parties
voice record of the altercation and used it as to the telephone conversations allowed the
part of his testimony. He testified that: he recording of the same, the inadmissibility of the
personally made the voice recording, the subject tapes is mandatory under R.A. 4200.
tape played in the court was the one he (Sa/cedo-Ortanez v. CA, G.R. No. 110662, August
recorded, and the speakers were petitioner 4, 1994)
Navarro and Lingan. Is his voice recording
valid and admissible as evidence under R.A. PERSONS LIABLE
4200?
1. Any person not being authorized by all the
A: YES. The voice recording was made in the parties to any private communication or
police station where policemen were spoken word, be he a participant or not in
discharging their public functions. R.A. 4200 the acts penalized. (Sec. 1, R.A. 4200)
prohibits only the overhearing, intercepting, or
recording of private communications. Since the Q: Will RA. 4200 apply to tapping of a
exchange between Navarro and Lingan was private conversation by one of the parties to
made while the former was in the exercise of a conversation?
his public functions, the communic.ation is
public and hence not prohibited. A: YES. The law makes no distinction as to
whether the party sought to be penalized by the
Furthermore, his voice recording is admissible statute ought to be a party other than or
as evidence since it was duly authenticated. A different from those involved in the private
voice recording is authenticated by the communication. The statute's intent to penalize
testimony of the witness: all persons unauthorized to make such
recording is underscored by the use of the
1. That he personally recorded the qualifier "any". Consequently, "even a (person)
conversations; privy to a communication who records his
private conversation with another without the

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knowledge of the latter will qualify as a Computer program refers to a set of


violator" under this provision of R.A. 4200. instructions executed by the computer to
(Ramirez v. CA, G.R. No. 93833, September 25, achieve intended results. (Sec. 3(/), R.A.10175)
1995)
Computer system refers to any device or group
2. Any person who wilfully or knowingly of interconnected or related devices, one or
does or who shall aid, permit, or cause to more of which, pursuant to a program,
be done any of the acts declared to be performs automated processing of data. It
unlawful or violates the provisions of this covers any type of device with data processing
Act or of any order issued thereunder, or capabilities including, but not limited to,
aids, permits, or causes such violation. computers and mobile phones. The device
(Sec. 2, R.A. 4200) consisting of hardware and software may
include input. output and storage components
which may stand alone or be connected in a
CYBERCRIME PREVENTION ACT network or other similar devices. It also
RA.10175 includes computer data storage devices or
media. (Sec. 3(g), R.A. 10175)

DEFINITION OF TERMS Cyber refers to a computer or a computer


network, the electronic medium in which online
Access refers to the instruction. communication communication takes place. (Sec. 3(i), R.A.
with, storing data in, retrieving data from, or 10175)
otherwise making use of any resources of a
computer system or communication network. Critical infrastructure refers to the computer
(Sec. 3(a), R.A.10175) systems, and/or networks, whether physical or
virtual, and/or the computer programs,
Alteration refers to the modification or change, computer data and/or traffic data so vital to
in fonn or substance, of an existing computer this country that the incapacity or destruction
data or program. (Sec. 3(b), R.A.10175) of or interference with such system and assets
would have a debilitating impact on security,
Communication refers to the transmission of national or economic security. national public
information through ICT media, including voice, health and safety, or any combination of those
video, and other forms of data. (Sec. 3(c), R.A. matters. (Sec. 3(j), R.A.10175)
10175) Cybersecurity refers to the collection of tools,
Computer refers to an electronic, magnetic. policies, risk management approaches, actions,
optical, electrochemical, or other data training. best practices, assurance, and
processing or communications device, or technologies that can be used to protect the
grouping of such devices, capable of performing cyber environment and organization and user's
logical, arithmetic, routing, or storage functions assets. (Sec. 3(k), R.A. 10175)
and which includes any storage facility or
equipment or communications facility or Database refers to a representation of
equipment directly related to or operating in information, knowledge, facts, concepts, or
conjunction with such device. It covers any type instructions which are being prepared,
of computer device including devices with data processed, or stored or have been prepared,
processing capabilities like mobile phones, processed, or stored in a formalized manner
smart phones, computer networks and other and which are intended for use in a computer
devices connected to the internet. (Sec. 3(d), systemJSec. 3(/), R.A.10175)
R.A.10175)
Interception refers to listening to, recording.
Computer data refers to any representation of monitoring, or surveillance of the content of
facts, information, or concepts in a form communications, including procuring of the
suit.able for processing in a computer system content of data, either directly, through access
including a program suitable to cause a and use of a computer system, or indirectly,
computer system to perform a function and through the use of electronic eavesdropping or
includes electronic documents and/or tapping devices, at the same time that the
electronic data messages whether stored in communication is occurring. (Sec. 3(m), R.A.
local computer systems or online. (Sec. 3(e), R.A. 10175)
10175)

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Service provider refers to: including electromagnetic em1ss1ons


from a computer system carrying such
1. Any public or private entity that provides to computer data
users of its service the ability to
communicate by means of a computer c. Data Interference - The intentional
system; and or reckJess alteration, damaging.
2. Any other entity that processes or stores deletion or deterioration of computer
computer data on behalf of such data. electronic document. or
communication service or users of such electronic data message, without right,
service. (Sec.3(n), RA 10175) including the introduction or
transmission of viruses.
Subscriber's information
d. System Interference The
Any information contained in the form of intentional alteration or reckJess
computer data or any other form that is held by hindering or interference with the
a service provider, relating to subscribers of its functioning of a computer or
services other than traffic or content data and computer network by inputting,
by which identity can be established: transmitting, damaging, deleting,
deteriorating, altering, or suppressing
1. The type of communication service used, computer data or program, electronic
the technical provisions taken thereto, and document. or electronic data message,
the period of service; without right or authority, including
2. The subscriber's identity, postal or the introduction or transmission of
geographic address, telephone and other viruses.
access numbers, any assigned network
address, billing and payment information, e. Misuse of Devices:
available on the basis of the service
agreement or arrangement; and i. The use, production, sale,
3. Any other available information on the site procurement, importation,
of the installation of communication distribution. or otherwise making
equipment, available on the basis of the available, without right of a
service agreement or arrangement. (Sec. device. including:
3(o), R.A.10175) a. A computer program,
designed or adapted
Traffic data or non-content data refers to any primarily for the purpose of
computer data other than the content of the committing any of the
communication including, but not limited to, offenses under this Act; or
the communication's origin, destination, route, b. A computer password, access
time, date, size, duration, or type of underlying code, or similar data by which
service. (Sec. 3(p), RA 10175) the whole or any part of a
computer system is capable of
PUNISHABLE ACTS being accessed with intent
that it be used for the purpose
Cvhercrime Offenses fS'er 5BA 101751 of committing any of the
offenses under this Act.
1. Offenses against the confidentiality,
integrity, and availability of computer ii. The possession of an item
data and systems: referred to in the preceding
paragraph with intent to use said
a. Illegal access - The access to the devices for the purpose of
whole or any part of a computer committing any of the offenses
system without right. under this section 4 ofR.A. 10175.

b. Illegal Interception The f. Cyber-squattlng - The acquisition of


interception made by technical means a domain name over the internet in
without right of any non-public bad faith to profit, mislead, destroy
transmission of computer data to, reputation, and deprive others from
from, or within a computer system

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registering the same, if such a domain 3. Content-Related Offenses


name is:
a. Similar. identical, or confusingly a. Cybersex - The willful engagement,
similar to an existing trademark maintenance, control, or operation,
registered with the appropriate directly or indirectly, of any lascivious
government agency at the time exhibition of sexual organs or sexual
of the domain name activity, with the aid of a computer
registration, system, for favor or consideration.
b. ldenticaJ or in any way similar
with the name of a person other b. Child Pornography - The unlawful
than the registrant, in case of a or prohibited acts defined and
personal name; and punishable by R.A 9775 or the Anti­
c. Acquired without right or with Child Pornography Act of 2009,
intellet1:ual property interests in committed through a computer
it. system: Provided, That the penalty to
be imposed shall be (1) one degree
2. Computer-Related Offenses higher than that provided for in R.A.
9775.
a. Computer-related Forgery
i. The input, alteration, or NOTE: Child pornography committed
deletion of any computer data online as to which, charging the
without right resulting in offender under both Section 4(c)(2) of
inauthentic data with the R.A. 10175 and R.A. 9775 or the Anti­
intent that it be considered or Child Pornography Act of 2009 is void
acted upon for legal purposes and unconstitutional. (Dlsim' v.
as if it were authentic. Secretary of Justice, G.R. No. 203335,
regardless whether or not the February 18, 2014)
data is diret1:ly readable and
intelligible. C. Unsolidted Commercial
ii. The at1: of knowingly using Communjcations The
computer data which is the transmission of commercial electronic
product of computer-related communication with the use of
forgery as defined herein, for computer system which seek to
the purpose of perpetuating a advertise, sell, or offer for sale
fraudulent or dishonest products and services are prohibited
design unless:

b. Computer-related Fraud - The i. There is prior affirmative consent


unauthorized input, alteration, or from the recipient: or
deletion of computer data or program ii. The primary intent of the
or interference in the functioning of a communication is for service
computer system� causing damage and/or administrative
thereby with fraudulent announcements from the sender
intent: Provided, that if no damage has to its existing users, subscribers or
yet been caused, the penalty customers; or
imposable shall be one (1) degree iii. The following conditions are
lower. present:

c. Computer-related Identity Theft - 1. The commercial electronic


The intentional acquisition, use, communication contains a
misuse, transfer, possession, simple, valid, and reliable
alteration or deletion of identifying way for the recipient to
information belonging to another, reject. receipt of further
whether natural or juridical, without commercial electronic
right: Provided, that if no damage has messages (opt-out) from the
yet been caused, the penalty same source;
imposable shall be one (1) degree 2. The commercial electronic
lower. communication does not

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CRIMINAL LAW

purposely disguise the messages. For example, when ·Google procures,


source of the electronic stores, and indexes child pornography and
message; and facilitates the completion of transactions
3. The commerciaJ electronic involving the dissemination of child
communication does not pornography," does this make Google and its
purposely include misleading users aiders and abettors in the commission of
information in any part of the child pornography crimes?
message in order to induce
the recipients to read the With respect to online libel, its vagueness raises
message. apprehension on the part of internet users
because of its obvious chilling effect on the
d. Libel - The unlawful or prohibited freedom of expression, especially since the
acts of libel as defined in Article 355 of crime of aiding or abetting ensnares all the
the RPC, as amended, committed actors in the cyberspace front in a fuzzy way.
through a computer system or any What is more, as the petitioners point out.
other similar means which may be formal crimes such as libel are not punishable
devised in the future. (Sec. 4, R.A. unless consummated.
10175)
CORPORATE LIABILITY
Other Offenses {Sec.S1 R.A.1017SI
When any of the punishable acts herein defined
1. Aiding or Abetting in the Commission of are knowingly committed on behalf of or for the
Cybercrime - Any person who willfully benefit of a juridical person, by a natural person
abets or aids in the commission of any of acting either individually or as part of an organ
the offenses enumerated in this Act shall be of the juridical person, who has a leading
held liable. position within, based on:

2. Attempt in the Commission of 1. A power of representation of the juridical


Cybercrime - Any person who willfully person provided the act committed falls
attempts to commit any of the offenses within the scope of such authority;
enumerated in this Act shall be held liable 2. An authority to take decisions on behalf of
(Sec. 5, R.A. 10175). the juridical person: Provided, That the act
committed falls within the scope of such
NOTE: The Supreme Court declared void for authority; or
being unconstitutional the following: 3. An authority to exercise control within the
juridical person, the juridical person shall
1. Section 4(c)(3) ofR.A.10175 that penalizes be held liable for a fine equivalent to at
posting of unsolicited commercial least double the fines imposable in Section
communications; 7 up to a maximum of Ten million pesos
2. Section 1 2 ofR.A.10175 that authorizes the (PhPl0,000,000).
collection or recording of traffic data in
real-time; If the commission of any of the punishable acts
3. Section 19ofR.A.10175 that authorizes the herein defined was made possible due to the
Department of Justice to restritt or block lack of supervision or control by a natural
access to suspected Computer Data; person referred to and described in the
4. Section 4(c)(4) with respett to persons preceding paragraph, for the benefit of that
who simply receive the post and reac.t to it; juridical person by a natural person acting
and under its authority, the juridical person shall be
5. Section 5 of R.A. 10175 with respect to held liable for a fine equivalent to at least
Sections 4(c)(2) on Child Pornography, double the fines imposable in Section 7 up to a
4(c)(3) on Unsolicited Commercial maximum ofFive million pesos (PhP5,000,000).
Communications, and 4(c)(4) on online
Libel. (Disini v. Secretary afJustice, GR No. The liability imposed on the juridical person
203335, February 18, 2014) shall be without prejudice to the criminal
liability of the natural person who has
The terms ·aiding or abetting· constitute committed the offense (Sec. 9, R.A. 10175).
broad sweep that generates chilling effett on
those who express themselves through SEARCH, SEIZURE AND EXAMINATION OF
cyberspace posts, comments, and other

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COMPUTER DATA 2. To coordinate the preparation of


appropriate and effective measures to
Where a search and seizure warrant is properly prevent and suppress cybercrime activities
issued, the law enforcement authorities shall as provided for in this Act;
likewise have the following powers and duties. 3. To monitor cybercrime cases being bandied
by participating law enforcement and
Within the time period specified in the warrant. prosecution agencies;
to conduct interception, as defined in this Act. 4. To facilitate international cooperation on
and: intelligence, investigations, training and
capacity building related to cybercrime
1. To secure a computer system or a prevention, suppression and prosecution;
computer data storage medium; 5. To coordinate the support and
2. To make and retain a copy of those participation of the business sector, local
computer data secured; government units and nongovernment
3. To maintain the integrity of the relevant organizations in cybercrime prevention
stored computer data; programs and other related projects;
4. To conduct forensic analysis or 6. To recommend the enactment of
examination of the computer data storage appropriate laws, issuances, measures and
medium; and policies;
5. To render inaccessible or remove those 7. To call upon any government agency to
computer data in the accessed computer or render assistance in the accomplishment of
computer and communications network. the CICC's mandated tasks and functions;
and
The law enforcement authorities may order any 8. To perform all other matters related to
person who has knowledge about the cybercrime prevention and suppression,
functioning of the computer system and the including capacity building and such other
measures to protec.t and preserve the computer functions and duties as may be necessary
data therein to provide, as is reasonable, the for the proper implementation of R.A.
necessary information, to enable the 10175. (Sec. 26, RA 10175)
undertaking of the search, seizure and
examination. Besrrittine or Rlockine Access ro Comnntec
llata.
Law enforcement authorities may request for When a computer data is prima facie found to
an extension of time to complete the be in violation of the provisions of this Ac.t, the
examination of the computer data storage DOJ shall issue an order to restrict or block
medium and to make a return thereon but in no access to such computer data. (Sec. 19, R.A.
case for a period longer than thirty (30) days 10175)
from date of approval by the court. (Sec. JS, RA
10175) Court having jurisdiction over offenses in
violation ofthiSAa
Exdnsionarv Buie
The Regional Trial Court shall have jurisdiction
Any evidence procured without a valid warrant over any violation of the provisions of this Act
or beyond the authority of the same shall be including any violation committed by a Filipino
inadmissible for any proceeding before any national regardless of the place of commission.
court or tribunal. (Sec. 18, RA 10175)
Jurisdiction shall lie if any of the elements was
CYBERCRIME INVESTIGATION AND committed within the Philippines or committed
COO RDINATING CENTER (CICCJ with the use of any computer system wholly
orpartly situated in the country, or when by
The CICC shall have the following powers and such commission any damage is caused to a
functions: natural or juridicaJ person who, at the time the
offense was committed, was in the Philippines
1. To formulate a national cybersecurity plan
and extend immediate assistance for the There shall be designated special cybercrime
suppression of real·time commission of courts manned by specially trained judges to
cybercrime offenses through a computer handle cybercrime cases. (Sec. 21, RA 10175)
emergency response team (CERT);

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Purposes which will fulfill all the following


conditions:
ANTI-CHILD PORNOGRAPHY LAW
R.A. 9775 1. The average person applying contemporary
community standards would find the work
taken as a whole appealing to prurient
Child as r.nntemolaredunderBA 9775 interest and satisfying only the market for
gratuitous sex and violence;
Child refers to a person: 2. The work depicts or describes sexual
conduct in a patently offensive way; and
1. BELOW 18 years of age; or 3. The work taken as a whole imbued within
2. OVER 18 years of age but is unable to fully its context, manner or presentation,
take care of himself/herself from abuse, intention and culture, lascivious, literary,
neglect, cruelty, exploitation or artistic, political and scientific value. (Sec.
discrimination because of a physical or 3(k), R.A. 9775)
mental disability or condition. (Sec. 3(a),
par. 1, R.A.9775) Child onrnoecanhvmaterials
A child shall also refer to: It refers to the means and methods by which
child pornography is carried out:
1. A person, regardless of age, who is
presented, depicted or portrayed as a child 1. Ast.oform
as defined herein a. Visual depiction - which includes not
2. Computer-generated, digitally or manually only images of real children but also
crafted images or graphics of a person who digital image, computer image or
is represented or who is made to appear to computer-generated image that is
be a child as defined herein. (Sec. 3(a), par. indistinguishable from that of real
2, R.A. 9775) children engaging in an explicit sexual
activity. Visual depiction shall include:
Child nocnneranhv
i. Undeveloped film and
Any representation, whether visual, audio, or videotapes
written combination thereof, by electronic, ii. Data and/or images stored on
mechanical, digital, optical, magnetic or by any a computer disk or by
other means, of a child engaged or involved in electronic means capable of
real or simulated explicit sexual activities. (Sec. conversion into a visual image
3(b), R.A. 9775) iii. Photograph, film, video,
picture, digital image or
Emlieitsexual activitx picture, computer image or
picture, whether made or
Includes actual or simulated: produced by electronic,
mechanical or other means
1. Sexual intercourse or lascivious ac.t iv. Drawings, cartoons, sculptures
including, but not limited to, contatt or paintings depicting children
involving genital to genital, oral to genital, v. Other analogous visual
anal to genital, or oral to anal, whether depiction
between persons of the same or opposite b. Audio representation of a person
sex; who is or is represented as being a
2. Bestiality; child and who is engaged in or is
3. Masturbation; represented as being engaged in
4. Sadistic or masochistic abuse; explicit sexual activity, or an audio
5. Lascivious exhibition of the genitals, representation that advocates,
buttocks, breast, pubic area and/or anus; or encourages or counsels any sexual
6. Use of any object or instrument for activity with children which is an
lascivious acts. (Sec. 3(c), R.A. 9775) offense under this Act.

Primarily sexual purposes NOTE: Such representation includes


audio recordings and live audio

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SPECIAL PENAL LAWS

transmission conveyed through 1. To hire, employ, use, persuade, induce or


whatever medium including real·time coerce a child to perform in the creation or
internet communications. production of any form of child
pornography;
c. Written text or material that 2. To produce, direct, manufacture or create
advocates or counsels' explicit sexual any form of child pornography;
activity with a child and whose 3. To publish offer, transmit, sell, distribute,
dominant characteristic is the broadcast, advertise, promote, export or
description, for a sexual purpose. of an import any form of child pornography;
explicit sexual at1:ivity with a child. 4. To possess any form of child pornography
(Sec. 3(c)(l), RA 9775) with the intent to sell, distribute, publish,
or broadcast:
2. As to content - It includes representation
of a person who is, appears to be, or is NOTE: Possession of three (3) or more
represented as being a child, the dominant articles of child pornography of the same
characteristic of which is the depiction, for form shall be prima fade evidence of the
a sexual purpose, of the: intent to sell, distribute, publish or
broadcast.
a. SexuaJ organ or the anal region, or a
representation thereof; or 5. To knowingly, willfully and intentionally
b. Breasts, or a representation of the provide a venue for the commission of
breasts, of a female person. (Sec. prohibited acts as, but not limited to, dens,
3(c)(2), R.A. 9775) private rooms, cubicles, cinemas, houses or
in establishments purporting to be a
Groomine legitimate business;
6. For film distributors, theaters and
The act of preparing a child or someone who telecommunication companies, by
the offender believes to be a child for sexual themselves or in cooperation with other
activity or sexual relationship by entities, to distribute any form of child
communicating any form of child pornography. pornography;
(Sec. 3(h), R.A. 9775) 7. For a parent, legal guardian or person
having custody or control of a child to
Grooming includes online enticement or knowingly permit the child to engage,
enticement through any other means. participate or assist in any form of child
pornography;
Lwill2 8. To engage in the luring or grooming of a
child;
The act of communicating, by means of a 9. To engage in pandering of any form of child
computer system, with a child or someone who pornography;
the offender believes to be a child for the 10. To willfully access any form of child
purpose of facilitating the commission of sexual pornography;
activity or production of any form of child 11. To conspire to commit any of the
pornography. (Sec. 3(i), R.A. 9775) prohibited acts stated in Sec. 4;

Pandering NOTE: Conspiracy to commit any form of


child pornography shall be committed
The act of offering, advertising, promoting, when two (2) or more persons come to an
representing, or distributing through any agreement concerning the commission of
means any material or purported material that any of the said prohibited at1:s and decide
is intended to cause another to believe that the to commit it.
material or purported material contains any
form of child pornography, regardless of the 12. To possess any form of child pornography
actual content of the material or purported (Sec. 4, R.A. 9775);
material. (Sec. 3(j), R.A. 9775) 13. Syndicated child pornography (Sec. 5, R.A.
9775);
PUNISHABLE ACTS
NOTE: Syndicated child pornography is
committed when it is carried out by a group

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CRIMINAL LAW

of three (3) or more persons conspiring or which such person/s has/have a


confederating with one another. (Sec. S, R.A. reasonable expectation of privacy; or
9775) 2. The act of selling, copying, reproducing,
broadcasting, sharing. showing, or
14. Willfully and knowingly failing to comply exhibiting the photo or video coverage or
with the notice and installation recordings of such sexual act or similar
requirements of an internet service activity through VCD/DVD, internet,
provider (Sec. 9, R.A. 9775); cellular phones, and similar means or
15. Willfully and knowingly failing to comply device without the written consent of the
with the notice requirements by any mall person/s involved, notwithstanding that
owner-operator and owner or lessor of consent to take photo or video coverage of
other business establishments (Sec. 10, R.A. same was given by such person. (Sec. 3,
9775); R.A. 9995)
16. Knowingly, willfully and intentionally
violating duties of an internet content host Reasonable Emecration of Privacx
(Sec. 11, R.A. 9775); and
17. Violation of the right to privacy of the child 1. Circumstances under which a person
at any stage of the investigation, believes that he/she could disrobe in
prosecution and trial of an offense under privacy, without being concerned that an
this Act. (Sec. 13, R.A. 9775) image or a private are of the person was
being captured; or
Child Pornography as a Transnational Crime 2. Circumstances in which a reasonable
person would believe that a private area of
The Department of Justice may execute the the person would not be visible to the
request of a foreign state for assistance in the public, regardless of whether that person
investigation or prosecution of any form of is in a public or private place. (Sec. 3, R.A.
child pornography by: 9995)

1. Conducting a preliminary investigation PROHIBITED ACTS (T•CuPS)


against the offender and, if appropriate,
to file the necessary charges in court; 1. Take photo or video coverage of a person or
2. Giving information needed by the foreign group of persons performing sexual act or
state; and any similar activity or to capture an image of
3. Applying for an order of forfeiture of any the private area of a person/s such as the
proceeds or monetary instrument or naked or undergarment clad genitals, public
properly located in the Philippines used area, buttocks or female breast without the
in connection with child pornography in consent of the person/s involved and under
the court. (Sec. 22, R.A. 9775) circumstances in which the person/s
has/have a reasonable expectation of
NOTE: The principles of mutuality and privacy;
reciprocity shall be at all times recognized. (Sec.
22, R.A. 9775) 2. Copy or cepcadnce or to cause to be copied
or reproduced, such photo or video or
recording of sexual act or any similar
ANTI-PHOTO AND VIDEO VOYEURISM activity with or without consideration;
ACTOF2009
R.A. 9995 3. Sell or distribute or cause to be sold or
distributed, such photo or video or
recording of sexual act, whether it be the
PHOTO OR VIDEO VOYEURISM original copy or reproduction thereof; or

1. The act of taking photo or video coverage 4. Publish or broadcast or cause to be


published or broadcast. whether in print or
of a person or group of persons
performing sexual act or any similar broadcast media, or show or exhibit the
activity or capturing an image of the photo or video coverage or recordings of
private person or persons without the such sexual act or any similar activity
latter's consent, under circumstances in through VCD/DVD, internet, cellular phones

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and other similar means or device. (Sec. 4, In a work, education, or training·related


R.A. 9995) environment, sexual harassment may be
committed by an:
NOTE: The prohibition under paragraphs
(2), (3) and (4) shall apply notwithstanding 1. Employer, Employee, Manager, Supervisor,
that consent to record or take photo or Agent of the Employer;
video coverage of the same was given by 2. Teacher, Instructor, Professor, Coach,
such person/s. (Sec. 4, R.A. 9995) Trainor; or
3. Any other person who, having authority,
XPN: Any peace officer, who is authorized by a influence or moral ascendancy over
written order of the court. to use the record or another in a work or training or education
any copy thereof as evidence in any civil, environment:
criminal investigation or trial of the crime of a. Demands;
photo or video voyeurism. b. Requests; or
c. Requires.
Bem,isites no the Issnanre or Geant of
written order NOTE: Any sexual favor from the other,
regardless of whether the demand, request,
1. Upon written application and the or requirement for submission, is accepted
examination under oath or affirmation of by the object ofR.A. 7877. (Sec. 3 R.A 7877)
the applicant and the witnesses he/she may
produce; and Iiahmtx of the emnlnxec head of office
2. Upon showing that there are reasonable educational or training institution
grounds to believe that photo or video
voyeurism has been committed or is about They shall be solidarily liable for damages
to be committed, and that the evidence to be arising from the acts of sexual harassment
obtained is essential to the conviction of any committed in the employment, education or
person for, or to the solution or prevention training environment provided:
of such, crime. (Sec. 6, R.A 9995)
1. They are informed of such acts by the
INADMISSIBILITY OF EVIDENCE offended party; and
2. No immediate action is taken thereon.
Any record, photo or video, or copy thereof, (Sec. 5, R.A. 7877)
obtained or secured by any person in violation
of the preceding set1:ions shall not be Gravamen of the crime
admissible in evidence in any judicial, quasi­
judicial, legislative or administrative hearing or The gravamen of the offense in sexual
investigation. (Sec. 7, R.A 9995) harassment is not the violation of the
employee's sexuality but the abuse of power
employed by the employer. (Philippine Aeolus
Automotive United Corporation v. NLRC, G.R. No.
ANTI-SEXUAL HARASSMENT
124617, April 28, 2000)
R.A 7877
Categorial demand or request for sexual
favor is not required
Stue nnHcx
While the provision states that there must be a
1. Value the dignity of every individual; "demand, request, or requirement of a sexual
2. Enhance the development of its human
favor," it is not necessary that the said demand,
resources;
request. or requirement of a sexual favor be
3. Guarantee full respect for human rights; articulated in a categorical manner. It may be
and
discerned, with equal certitude, from the acts of
4. Uphold the dignity of workers,
the offender.
employees, applicants for employment,
students or those undergoing training,
Likewise. it is not essential that the demand,
instruction or education. (Sec. 2, R.A
request. or requirement be made as a condition
7877) for continued employment or for promotion to
PERSONS LIABLE a higher position. It is enough that the

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respondent's acts result in creating an NOTE: Any person who directs or induces
intimidating, hostile, or offensive environment another to commit any act of sexual harassment
for the employee. (Domingo v. Raya/a, G.R. No. as herein defined or who cooperates in the
155831, February 18, 2008) commission thereof by another without which
it would not have been committed, shall also be
NOTE: The laws are applicable to both sexes. held liable under this Act.

When sexual bacassmentis committed Ontv of the emnlnver or bead of office in a


work-related education or tcainine
1. In a work-related or emp/ayment environment
environment:
1. Prevent or deter the commission of acts of
a. The sexual favor is made as a Sexual Harassment; and
condition: 2. Provide the procedures for the resolution,
i. In the hiring or in the employment, settlement or prosecution of acts of sexual
r e -employment, or continued harassment. (Sec. 4, R.A. 7877)
employment of said individual; or
ii. In granting said individual Inwardsthis end the emnlnvec or bead of
favorable compensation, terms, office shall·
conditions, promotions, or
privileges; or 1. Promulgate appropriate rules and
iii. Where the refusal to grant the regulations in consultation with and jointly
sexual favor results in limiting, approved by the employees, or students or
segregating, or classifying the trainees, through their duly designated
employee which in a way would representatives, prescribing the procedure
discriminate, deprive. or diminish for the investigation of Sexual Harassment
employment opportunities or cases and the administrative sanctions
othenvise adversely affec.t said therefor.
employee (Quid Pra Quo Sexual
Harassment); NOTE: Administrative sanctions shall not
be a bar to prosecution in the proper courts
b. The above acts would impair the for unlawful acts of Sexual Harassment. The
employee's rights or privileges under said rules and regulations issued shall
existing labor laws; or include, among others, guidelines on
c. The above at'ts would result in an proper decorum in the workplace and
intimidating, hostile, or offensive educational or training institutions.
environment for the employee. (Hostile
Environment Harassment) (Sec. 3 (a), 2. Create a committee on decorum and
R.A. 7877) investigation of cases on Sexual
Harassment.
2. In an educatfon or training environment
sexual harassment is employed: NOTE: The committee shall
conduct meetings, as the case may be, with
a. Against one who is under the care, officers and employees, teachers,
custody or supervision of the offender: instructors, professors, coaches, trainors,
b. Against one whose education, training, and students or trainees to increase
apprenticeship, or tutorship is understanding and prevent incidents of
entrusted to the offender; sexual harassment. It shall also conduct the
c. When sexual favor is made a condition investigation of alleged cases constituting
to the giving of a passing grade, or the sexual harassment.
granting of honors and scholarships, or
the payment of a stipend, allowance or 3. The employer or head of office, education
other benefits, privileges, or or training institution shall disseminate or
considerations: or post a copy of this R.A. 7877 for the
d. When sexual advances result in an information of all concerned. (Sec. 4, R.A.
intimidating, hostile, or offensive 7877)
environment for the student. trainee,
or apprentice. (Sec. 3 (b), R.A. 7877) NOTE: The victim of work, education or
training-related sexual harassment is not

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SPECIAL PENAL LAWS

precluded from instituting a separate and Q: Pedrito Masculado, a college graduate


independent action for damages and other from the province, tried bis luck in the city
affirmative relief. (Sec. 6, R.A. 7877) and landed a job as a utility/maintenance
man at the warehouse of a big shopping
Three-fold liability rule mall. After working as a casual employee for
6 months, be signed a contract for
An act of sexual harassment may give rise to probationary employment for 6 months.
civil, criminal, and administrative liability on
the part of the offender. Each proceeding can Being well-built and physically attractive,
proceed independently of the others. (Domingo his supervisor, Mr. Hercules Barak, took
v. Raya/a, G.R. No. 1S5831, February 18, 2008) special interest to befriend him, When bis
probationary period was about to expire, be
Prescrintlnn neriod was surprised when one afternoon after
working hours, Mr. Barak followed him to
The civil, criminal, and administrative action the men's comfort room. After seeing that no
shall prescribe in 3 years. one else was around, Mr. Barak placed bis
arm over Pedrito's shoulder and softly said:
Q: A Personnel Manager, while interviewing "You have great potential to become a
an attractive female applicant for regular employee and I think I can give you
employment, stared directly at her for a favorable recommendation. Can you come
prolonged periods, albeit in a friendly over to my condo unit on Saturday evening
manner. After the interview, the manager so we can have a little drink? I'm alone, and
accompanied the applicant to the door, I'm sure you want to stay longer with the
shook her band and patted her on the company."
shoulder. He also asked the applicant if be
could invite her for dinner and dancing at ls Mr. Barak liable for Sexual Harassment
some future lime. Did the Personnel committed in a work-related or
Manager, by the above acts, commit Sexual employment environment? (2000 BAR)
Harassment? Reason, (2000 BAR)
A: YES. The elements of Sexual Harassment are
A: YES. The personnel manager is in a position all present. The act of Mr. Barak was committed
to grant or not to grant a favor (a job) to the in a workplace. Mr. Barak, as supervisor of
applicant. Under the circumstances, inviting the Pedrito Masculado, has authority, influence and
applicant for dinner or dancing creates a moral ascendancy over Masculado.
situation hostile or unfriendly to the applicant's
chances for a job if she turns down the Given the specific circumstances mentioned in
invitation. (Sec. 3(a)(3), R.A. 7877) the question like Mr. Barak following
Masculado to the comfort room, etc. Mr. Barak
Q: In the course of an interview, another was requesting a sexual favor from Masculado
female applicant inquired from the same for a favorable recommendation regarding the
Personnel Manager if she bad the physical latter's employment. It is not impossible for a
attributes required for the position she male, who is a homosexual, to ask for a sexual
applied for. The Personnel Manager replied: favor from another male.
"You will be more attractive if you will wear
micro-mini dresses without the Liability
undergarments that ladies normally wear.·
Did the Personnel Manager, by the above The employer or head of office, educational or
reply, commit an act of sexual harassment? training institution shall be solidarily liable for
Reason. damages arising from the acts of sexual
harassment committed in the employment,
A: YES. The remarks would result in an education or training environment if the
offensive or hostile environment for the employer or head of office, educational or
employee. Moreover, the remarks did not give training institution is informed of such acts
due regard to the applicant's feelings and it is a by the offended party and no immediate action
chauvinistic disdain of her honor, justifying the is taken. (Sec. 5, RA 7877)
finding of Sexual Harassment. (Vil/aroma v.
NLRC, G.R. No. 106341, September 2, 1994)

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CRIMINAL LAW

accused, and informed her of her


constitutional rights. The police confiscated
ANTI-TRAFFICKING IN PERSONS ACT the marked money from accused.
RA. 9208, AS AMENDED BY R.A. 10364 Meanwhile, AAA and BBB were brought to
Room 25 and placed in the custody of the
representatives from the IJM and the DSWD.
Stare onlicx AAA described that her job as a prostitute
required her to display herself, along with
It is the State's Policy to give highest priority to other girls. She received money for every
the enac.tment of measures and development of customer who selected her. Is Casio
programs that will promote human dignity, properly convicted of trafficking in persons,
protect the people from any threat of violence considering that AAA admitted that she
and exploitation, eliminate trafficking in works as a prostitute?
persons, and mitigate pressures for involuntary
migration and servitude of persons, not only to A: YES. Casio is properly convicted of trafficking
support trafficked persons but more in persons, considering that AAA admitted that
importantly, to ensure their recovery, she works as a prostitute._Knowledge or
rehabilitation, and reintegration into the consent of the minor is not a defense under
mainstream of society. (Sec. 2, R.A. 9208, as Republic Act No. 9208. Accused claims that AM
amended) admitted engaging in prostitution even before
May 2, 2008. She concludes that MA was
PUNISHABLE ACTS predisposed to having sex with '"customers" for
money. For liability under our law, this
1. Acts of Trafficking in Persons committed by argument is irrelevant. As defined under
any person, natural or juridical Section 3(a) of Republic Act No. 9208,
trafficking in persons can still be committed
a. To recruit, obtain, hire, provide, offer, even if the victim gives consent.
transport, transfer, maintain, harbor,
or receive a person by any means, AM and BBB were recruited by Casio when
including those done under the pretext their services were peddled to the police who
of domestic or overseas employment acted as decoys. AAA was a child at the time
or training or apprenticeship, for the that accused peddled her services, AM also
purpose of prostitution, pornography, stated that she agreed to work as a prostitute
or sexual exploitation; (2014 BAR) because she needed money. Accused took
advantage of AAA's vulnerability as a child and
Q: International Justice Mission (IJM), a as one who need money, as proven by the
nongovernmental organization, coordinated testimonies of the witnesses. AM's consent is
with the police in order to entrap persons rendered meaningless due to the coercive.
engaged in human trafficking in Cebu City. abusive, or deceptive means employed by Casio
The team went to Queensland Motel and of human trafficking. (People v. Cosio, G.R. No.
rented Rooms 24 and 25. These rooms were 211465, December 3, 2014, as penned by J.
adjacent to each other. Room 24 was Leonen)
designated for the transaction while Room
2 S was for the rest of the police team. Q: TVS segment producer Melvin Espenida
and his crew went to Plaza Morga and Plaza
P01 Luardo and P01 Veloso proceeded to D. Moriones in Tondo, Manila to investigate the
Jakosalem Street in Barangay Kamagayan, alleged prostitution operations in the
Cebu City's red-light district. Accused area. They had earlier designated a
noticed them and called their attention by confidential asset, "Romeo David", on whom
saying "Chicks mo dong?" (Do you like girls, a lapel microphone was clipped, to pose as a
guys?). P01 Veloso and P01 Luardo customer and transact with the alleged
convinced accused to come with them to pimps for a night with a minor. During the
Queensland Motel. Upon proceeding toRoom transaction, the pimps allegedly asked for
24, P01 Veloso handed the marked money PSOO. Espenida, who was on board a TVS
to accused. As accused counted the money, vehicle located about a hundred meters
P01 Veloso gave PSI Ylanan a missed call. away from where David and the pimps were,
This was their pre-arranged signal. The rest heard the transaction through the
of the team proceeded to Room 24, arrested microphone. Espenida and his crew filed a

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Complaint reporting about the rampant cost P600 as payment for sexual services.
human trafficking in Plaza Morga and Plaza After Ramirez provided the four girls, the
Moriones. Acting on the complaint, the group left and hailed a taxi heading for a
police operatives conducted an entrapment Motel. Ramirez had told the girls to accept
operation, the pimps were eventually caught the money that they would be given.
and arrested. According to AAA, she was
about to buy coffee at Plaza Moriones when While in the taxi, one of the men handed her
Santiago called her, offering to pay her to P2,400. BBB received the money and told
spend a night with a customer. He allegedly her companions to set aside P400 as their
promised to pay AAA P350 out of the PS00 pimp's share. Ramirez denied the
that the customer would pay for the allegations and claimed that it was BBB who
transaction. AAA later confirmed during negotiated with the customers and received
trial that Santiago was the pimp, but said the supposed payment. Is Ramirez guilty of
that sbe only saw Castillo and Legazpi for qualified trafficking of persons?
the first lime upon getting into the van
bound for the police station. RTC and CA A: YES. The elements for crimes prosecuted
convicted Santiago of committing trafficking under RA. No. 9208, as amended by R.A. No
in persons punished under Section 4(a) of 10364 are: (1) The att of "recruitment,
R.A. 9208, or the Anti-Trafficking in Persons obtaining, hiring, providing, offering,
Act. However, Santiago points out that the transportation transfer, maintainlng, harboring,
lack of testimony from the confidential or receipt of persons with or without the
informant, David, raises doubts on whether victim's consent or knowledge, within or across
"petitioner truly offered AAA to him." Is national borders; (2) The means used include
Santiago guilty beyond reasonable doubt for "by means of threat, or use of force, or other
violaling Section 4(a) of the Anti-Trafficking forms of coercion, abduction, fraud, deception,
in Persons Act, despite the lack of testimony abuse of power or of position, taking advantage
from the confidential informant? of the vulnerability of the person, or, the giving
or receiving of payments or benefits to achieve
A: YES. Santiago is guilty beyond reasonable the consent of a person having control over
doubt for violating Section 4(a) of the Anti­ another person"; and (3) The purpose of
Trafficking in Persons Act, despite the lack of trafficking includes "the exploitation or the
testimony from the confidential informant. The prostitution of others or other forms of sexual
testimony of the confidentiaJ informant is not exploitation, forced labor or services, slavery,
relevant for conviction nor is it indispensable servitude, or the removal or sale of organs."
for a successful prosecution of this case because
his testimony would merely be corroborative In the instant case, the accused-appellant
and cumulative. The testimonies of the cannot use as a valid defense either BBB's and
trafficked person, AAA, clearly narrating what AM's consent to the transaction or that BBB
transpired on the trafficking incident and the received the payment on her behalf. The
police officers regarding the entrapment victim's consent is rendered meaningless due to
operation were sufficient to prove appellant's the coercive, abusive, or deceptive means
guilt of the crime charged. (Santiago v. People, employed by perpetrators of human trafficking.
G.R. No. 213760, July 1, 2019, as penned by/. Even without the use of coercive, abusive, or
Leanen) deceptive means, a minor's consent is not given
out of his or her own free will. Trafficking in
Q: The Regional Anli-Human Trafficking persons may be committed also by means of
Task Force conducted an entrapment taking advantage of the persons' vulnerability
operation in Lapu-Lapu City. At the bar, two as minors. Accused-appellant hired children to
women approached POl Nemenzo and POl engage in prostitution, taking advantage of
Llanes and introduced themselves as AAA their vulnerability as minors. AAA's and BBB's
and BBB, minors. Upon hearing that they acquiescence to the illicit transactions cannot
would need two more girls, another woman be considered as a valid defense. (People v.
approached them and introduced herself as Ramirez, G.R. No. 217978, January 30, 2019, as
Nancy, who was later identified as Ramirez. penned by/. Leonen)
She told the police officers that she could
provide the girls. Then, BBB and Ramirez b. To introduce or match for money,
left, and after a while, returned with two profit, or material, economic or other
more girls. They agreed that each girl would consideration, any person or, as

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provided for under Republic Act No. i. To believe that if the person did
6955, any Filipino woman to a foreign not perfonn such labor or
national, for marriage for the purpose services, he or she or another
of acquiring, buying, offering, selling, or person would suffer serious harm
trading him/her to engage in or physical restraint; or
prostitution, pornography. sexual ii. To abuse or threaten the use of
exploitation, forced labor, slavery, law or the legal processes; and
involuntary servitude, or debt
bondage; k. To recruit. transport. harbor, obtain,
c. To offer or contract marriage, reaJ or transfer, maintain, hire, offer, provide,
simulated, for the purpose of acquiring, adopt, or receive a child for purposes
buying, offering, selling, or trading of exploitation or trading them,
them to engage in prostitution, including but not limited to, the act of
pornography, sexual exploitation, baring and/or selling a child for any
forced labor or slavery, involuntary consideration or for barter for
servitude, or debt bondage; purposes of exploitation.
d. To undertake or organize tours and
travel plans consisting of tourism Trafficking for purposes of exploitation
packages or at1:ivities for the purpose of children shall include:
of utilizing and offering persons for
prostitution, pornography, or sexual i. All forms of slavery or practices
exploitation; similar to slavery, involuntary
e. To maintain or hire a person to engage servitude, debt bondage and
in prostitution or pornography; forced labor, including
f. To adopt persons by any form of recruitment of children for use in
consideration for exploitative purposes armed conflict:
or to facilitate the same for purposes of ii. The use, procuring or offering of a
prostitution, pornography. sexual child for prostitution, for the
exploitation, forced labor, slavery, production of pornography, or for
involuntary servitude, or debt pornographic performances;
bondage; iii. The use, procuring, or offering of a
g. To adopt or facilitate the adoption of child for the production and
persons for the purpose of prostitution, trafficking of drugs; and
pornography, sexual exploitation, iv. The use, procuring, or offering of a
forced labor, slavery, involuntary child for illegal at1:ivities or work
servitude, or debt bondage; which, by its nature or the
h. To recruit, hire, adopt. transport. circumstances in which it is
transfer, obtain, harbor, maintain, carried out. is likely to harm their
provide, offer, receive, or abduct a health, safety or morals; and
person, by means of threat. or use of
force, fraud, deceit, violence, coercion, I. To organize or direct other persons to
or intimidation for the purpose of commit the offenses defined as acts of
removal or sale of organs of said trafficking under R.A. 9208. (Sec. 4, R.A
person;
9208, as amended)
i. To recruit, transport, obtain, transfer,
harbor, maintain, offer, hire, provide, 2. Attempted Trafficking
receive, or adopt a child to engage in
armed activities in the Philippines or Where there are acts to initiate the commission
abroad; and
of a trafficking offense but the offender failed to
j. To recruit, transport, transfer, harbor,
or did not execute all the elements of the crime,
obtain, maintain, offer, hire, provide, or by accident or by reason of some cause other
receive a person by means defined in
than voluntary desistance, such overt acts shall
Section 3 of this Act for purposes of
be deemed as an attempt to commit an act of
forced labor, slavery, debt bondage,
trafficking in persons. As such, an attempt to
and involuntary servitude, including a
commit any of the offenses enumerated in
scheme, plan, or pattern intended to
Section 4 shall constitute attempted trafficking
cause the person either:
in persons. (Sec. 4-A, par. 1, R.A 9208)

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Aas that constibne auemoted tcaffickine in that are mandated to provide pre­
necsnns where thevittimiSacbild departure registration and services for
departing persons for the purpose of
1. Facilitating the travel of a child who travels promoting trafficking in persons;
alone to a foreign country or territory 5. To facilitate, assist, or help in the exit
without valid reason therefor and without and entry of persons from/to the
the required clearance or permit from the country at international and local
Department of Social Welfare and airports, territorial boundaries and
Development, or a written permit or seaports who are in possession of
justification from the child's parent or legal unissued, tampered, or fraudulent
guardian; travel documents for the purpose of
2. Executing. for a consideration, an affidavit promoting trafficking in persons;
of consent or a written consent for 6. To confiscate, conceal, or destroy the
adoption; passport, travel documents, or
3. Recruiting a woman to bear a child for the personal documents or belongings of
purpose of selling the child; trafficked persons in furtherance of
4. Simulating a birth for the purpose of selling trafficking or to prevent them from
the child; and leaving the country or seeking redress
5. Soliciting a child and acquiring the custody from the government or appropriate
thereof through any means from among agencies;
hospitals, clinics, nurseries, daycare 7. To knowingly benefit from, financial or
centers, refugee or evacuation centers, and otherwise, or make use of, the labor or
low-income families, for the purpose of services of a person held to a condition
selling the child. (Sec. 4-A, par. 2, R.A. 9208) of involuntary servitude, forced labor,
or slavery;
Aas that oromote rraffkkioe in oecsons or 8. To tamper with, destroy, or cause the
racilitare rraffiekine in oecsons destruction of evidence, or to influence
or attempt to influence witnesses, in an
1. To knowingly lease or sublease, use, or investigation or prosecution of a case
allow to be used any house, building, or under R.A. 9208;
establishment for the purpose of 9. To destroy, conceal, remove, confiscate
promoting trafficking in persons; or possess, or attempt to destroy,
2. To produce, print and issue, or conceal, remove, confiscate, or possess,
distribute unissued, tampered, or fake any at1:ual or purported passport or
counseling certificates, registration other travel, immigration or working
stickers, overseas employment permit or document, or any other
certificates, or other certificates of any actual or purported government
government agency which issues these identification, of any person in order to
certificates, decals, and such other prevent or restrict, or attempt to
markers as proof of compliance with prevent or restrict, without lawful
government regulatory and pre­ authority, the person's liberty to move
departure requirements for the or travel in order to maintain the labor
purpose of promoting trafficking in or services of that person; or
persons; 10. To utilize his or her office to impede
3. To advertise, publish, print, broadcast the investigation, prosecution or
or distribute, or cause the execution of lawful orders in a case
advertisement, publication, printing, under R.A. 9208. (Sec. 4, RA 9208, as
broadcasting or distribution by any amended)
means, including the use of
information technology and the 3. Any person who buys or engages the
internet, of any brochure, flyer, or any services of trafficked persons for
propaganda material that promotes prostitution. (Sec. 11, R.A. 9208, as
trafficking in persons; amended)
4. To assist in the conduct of
misrepresentation or fraud for PERSONS LIABLE
purposes of facilitating the acquisition
of clearances and necessary exit Principal
documents from government agencies

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1. Any person, natural or juridical, who 4. When the offender is a spouse, an


commits any of the punishable acts of ascendant, parent. sibling, guardian, or a
trafficking; person who exercises authority over the
2. Any person who promote or facilitate the trafficked person or when the offense is
acts of trafficking; or committed by a public officer or employee;
3. Any person who buys or engages the 5. When the trafficked person is recruited to
services of trafficked persons for engage in prostitution with any member of
prostitution shall be penalized. the military or law enforcement agencies;
6. When the offender is a member of the
Accomplice military or law enforcement agencies;
7. When by reason or on occasion of the act of
Whoever knowingly aids, abets, or cooperates trafficking in persons, the offended party
in the execution of the offense by previous or dies, becomes insane, suffers mutilation or
simultaneous acts defined under R.A. 9208, as is afflicted with Human Immunodeficiency
amended. (Sec. 4-8, R.A. 9208) Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS);
Accessories 8. When the offender commits one or more
violations of Section 4 over a period of sixty
Whoever has the knowledge of the commission (60) or more days, whether those days are
of the crime, and without having participated continuous or not; and
therein, either as principal or as accomplices, 9. When the offender directs or through
take part in its commission in any of the another manages the trafficking victim in
following manners: carrying out the exploitative purpose of
trafficking. (Sec. 6, R.A. 9208)
1. By profiting themselves or assisting the
offender to profit by the effects of the Trafficked persons are not penalized
crime;
2. By concealing or destroying the body of the Trafficked persons shall be recognized as
crime or effects or instruments thereof, in victims of the act or acts of trafficking and as
order to prevent its discovery; such, shall not be penalized for unlawful acts
3. By harboring, concealing, or assisting in the committed as a direct result of, or as an incident
escape of the principal of the crime, or in relation to, being trafficked based on the
provided the accessory acts with abuse of acts of trafficking enumerated in this Act or in
his or her public functions or is known to obedience to the order made by the trafficker in
be habitually guilty of some other crime. relation thereto. In this regard, the consent of a
(Sec. 4-C, R.A. 9208) trafficked person to the intended exploitation
set forth in this Act shall be irrelevant. (Sec. 17,
QUALIFIED TRAFFICKING IN PERSONS R.A. 9208 as amended by R.A. 10364)

1. When the trafficked person is a child; NOTE: Vittims of trafficking for purposes of
2. When the adoption is effected through prostitution as defined under Section 4 of this
Republic Act No. 8043 and said adoption is Act are not covered by Article 202 of the RPC
for the purpose of prostitution, and as such, shall not be prosecuted, fined, or
pornography, sexual exploitation, forced otherwise penalized under the said law. (Sec.
labor, slavery, involuntary servitude, or 17, R.A. 9208 as omended by R.A. 10364)
debt bondage;
3. When the crime is committed by a Q: Ronnie was able to convince Lolita to
syndicate, or in large scale. work as a restaurant entertainer in
Malaysia, When they were already at the
NOTE: Trafficking is deemed committed by restaurant, a Filipina woman working there
a syndicate if carried out by a group of said that the place is a prostitution den and
three (3) or more persons conspiring or the women there are used as prostitutes.
confederating with one another. It is Lolita was forced to work as entertainer.
deemed committed in large scale if
committed against three (3) or more Several customers used Lolita many times,
persons, individually or as a group. (2015 Some even had sexual intercourse with her
BAR) every hour. Ronnie was then sued for
Trafficking in Persons, He claims that he

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cannot be convicted of !be crime charged 2. Trafficking cases committed by a syndicate


because he was not part of !be group that or in a large scale or against a child
transported Lolita from the Philippines to twenty (20) years. (Sec. 12, R.A. 9208)
Malaysia. Is he correct?
The prescriptive period shall commence to run
A: NO. Trafficking in Persons under Sec. 3(a) from the day on which the trafficked person is
and 4 of R.A. 9208 is not only limited to delivered or released from the conditions of
transportation of victims, but also includes the bondage, or in the case of a child victim, from
act of recruitment of victims for trafficking. The the day the child reaches the age of majority.
crime of recruitment for prostitution also (Sec. 12, RA 9208)
constitutes trafficking. (People v. Lalli et al., C.R.
No.19S419, October 12, 2011)
ANTI-VIOLENCE AGAINST WOMEN AND
Inadmissibility of past sexual behavior or THEIR CHILDREN ACT
nredisonSitlnn as evidence R.A.9262

The past sexual behavior or the sexual


predisposition of a trafficked person shall be Violence against women and their children
considered inadmissible in evidence for the
purpose of proving consent of the victim to Any act or a series of acts committed by ANY
engage in sexual behavior, or to prove the PERSON against a woman who is his wife,
predisposition, sexual, or otherwise, of a former wife, or against a woman with whom
trafficked person. (Sec. 17-8, R.A. 9208 as the person has or had a sexual or dating
amended by R.A. 10364) relationship, or with whom he has a common
child, or against her child whether legitimate or
NOTE: The consent of a victim of trafficking to illegitimate, within or without the family abode,
the intended exploitation shall be irrelevant which result in or is likely to result in physical,
where any of the means set forth in Section 3(a) sexual, psychological harm or suffering, or
of this Act has been used. (Sec. 17-8, R.A. 9208 economic abuse including threats of such acts,
osomended by R.A.10364) battery, assault. coercion, harassment, or
arbitrary deprivation of liberty. (Sec. 3(o), RA.
Exercise nfExtra-Iecritncialb1risdittinn 9262)
GR: The State shall exercise jurisdiction over NOTE: A man cannot be a victim under this Act.
any act defined under RA. 9208 even if He should resort to the appropriate provisions
committed outside the Philippines and whether of the RPC.
or not such ac.t or acts constitute an offense at
the place of commission, the crime being a Children
continuing offense, having been commenced in
the Philippines and the other elements having Those below eighteen (18) years of age or older
been committed in another country, if the but are incapable of taking care of themselves.
suspec.t or accused: It includes the biological children of the vittim
and other children under her care. (Sec. 3 (h),
1. Is a Filipino citizen; or R.A. 9262)
2. Is a permanent resident of the Philippines;
or PUNISHABLE ACTS
3. Has committed the act against a citizen of
the Philippines. The crime of violence against women and their
children is committed through any of the
XPN: If the foreign government has prosecuted following acts:
or is prosecuting such person for the conduct
constituting the offense. 1. Causing physical harm to the woman or her
child.
XPN to the XPN: Upon approval of the 2. Threatening to cause the woman or her
Secretary of Justice. (Sec.26-A, R.A. 9208) child physical harm.
3. Attempting to cause the woman or her
Prescriative Period child physical harm.
4. Placing the woman or her child in fear of
1. Trafficking cases· ten (10) years; and imminent physical harm.

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5. Attempting to compel or compelling the b. Peering in the window or lingering


woman or her child to engage in condutt outside the residence of the
which the woman or her child has the right woman or her child;
to desist from or conduct which the woman c. Entering or remaining in the
or her child has the right to engage in, or dwelling or on the property of the
attempting to restrict or restricting the woman or her child against her/his
woman's or her child's freedom of will;
movement or conduct by force or threat of d. Destroying the property and
force, physical or other harm or threat of personal belongings or inflicting
physical or other harm, or intimidation harm to animals or pets of the
directed against the woman or child. This woman or her child;
shall include, but not limited to, the e. Engaging in any form of
following acts committed with the purpose harassment or violence.
or effect of controlling or restrit1:ing the
woman's or her child's movement or 9. Causing mental or emotional anguish,
conduct: public ridicule, or humiliation to the
woman or her child, including, but not
a. Threatening to deprive or actually limited to, repeated verbal and emotional
depriving the woman or her child abuse, and denial of financial support or
of custody to her/his family; custody of minor children of access to the
b. Depriving or threatening to woman's child/children. (Sec. 5, R.A. 9262)
deprive the woman or her children
of financial support legally due her Prescriptive Period
or her family, or deliberately
providing the woman's children 1. Acts falling under Nos. 1 · 6 shall prescribe
insufficient financial support; in twenty (20) years.
c. Depriving or threatening to 2. Acts falling under Nos. 7 • 9 shall prescribe
deprive the woman or her child of in ten (10) years. (Sec. 24, R.A. 9262)
a legal right;
d. Preventing the woman in engaging NOTE: VAWC shall be considered a public
in any legitimate profession, offense which may be prosecuted upon the
occupation, business, or activity or filing of a complaint by any citizen having
controlling the victim's own money personal knowledge of the circumstances
or properties, or solely controlling involving the commission of the crime. (Sec. 25,
the conjugal or common money, or R.A. 9262)
properties.
The elements of the crime of violence
6. Inflicting or threatening to inflict physical against women through harassment are:
harm on oneself for the purpose of
controlling her actions or decisions. 1. The offender has or had a sexual or dating
7. Causing or attempting to cause the woman relationship with the offended woman;
or her child to engage in any sexual activity 2. The offender, by himself or through
which does not constitute rape, by force or another, commits an act or series of acts of
threat of force, physical harm, or through harassment against the woman; and
intimidation directed against the woman or 3. The harassment alarms or causes
her child or her/his immediate family. substantial emotional or psychological
8. Engaging in purposeful, knowing. or distress to her. (Ang v. CA, G.R. No. 182835,
reckless conduct, personally or through April 20, 2010)
another, that alarms or causes substantial
emotional or psychological distress to the NOTE: Section 3(a) of R.A. 9262 punishes any
woman or her child. This shall include, but act or series of acts that constitutes violence
not limited to, the following at1:s: against women. This means that a single act of
harassment, which translates into violence,
a. Stalking or following the woman or would be enough. The object of the law is to
her child in public or private protect women and children. Punishing only
places; violence that is repeatedly committed would
license isolated ones. (Ang v. CA, ibid)

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Patine relatinnshin vis-a-vis Sexual Ernnnmicabuse C201ORABl


Relations
Acts that make or attempt to make a woman
DATING SEXUAL financially dependent which includes, but is not
RELATIONSHIP RELATIONS limited to, the following:
It refers to a situation It refer to a single
wherein the parties sexual ac.t which may 1. Withdrawal of financial support or
live as husband and or may not result in preventing the victim from engaging in any
wife without the the bearing of a legitimate profession, occupation, business,
benefit of marriage or common child. (Sec. or activity, except in cases wherein the
are romantically 3(f), R.A. 9262) other spouse/partner objet'tS on valid,
involved over time serious, and moral grounds as defined in
and on a continuing Article 73 of the Family Code;
basis during the 2. Deprivation or threat of deprivation of
course of the financial resources and the right to the use
relationship. (Sec. and enjoyment of the conjugal, community
3(e), R.A. 9262) or property av.med in common;
3. Destroying household property;
NDTE: A casual 4. Controlling the victims' own money or
acquaintance or properties or solely controlling the
ordinary socialization conjugal money or properties. (Sec. 3(a)(D),
between two R.A. 9262)
individuals in a
business or social Q: AAA had a romantic relationship with
context is not a Melgar, which resulted in the birth of BBB,
dating relationship. an illegitimate child. Melgar freely
acknowledged the paternity of BBB.
However, AAA's relationship with Melgar
Prohibited Defense turned sour as the latter had an affair with a
younger woman. When BBB was just about
1. Being under the influence of alcohol, any one year old, Melgar stopped giving support,
illicit drug, or any other mind-altering prompting AAA to file a case for support,
substance (Sec. 27, R.A. 9262) which was eventually granted. This,
2. End of dating relationship prior to the notwithstanding. Melgar still refused t o give
violence. support for her and BBB. As such, AAA was
constrained to file the instant criminal case
NOTE: It is immaterial whether the relationship against Melgar. Is Melgar liable for violation
had ceased for as long as there is sufficient of Section S(e) ofR.A. 9262?
evidence showing the past or present existence
of such relationship between the offender and A: YES. Melgar is liable for the violation of
the victim when the physical harm was Section 5(e) of R.A 9262 for his refusal to
committed. (Daba/as v. RTC, Branch S9, Angeles provide support to his child.
City, Pampanga, G.R. No. 193960 January 7,
2013) RA. 9262 is a landmark legislation that defines
and criminalizes acts of violence against
Four (41 Acrs included 1mdecSec 3· CPEPSl women and their children (VAWCJ perpetrated
by women's intimate partners, i.e., husband,
1. Physical violence (Sec. 3(a)(A), R.A. 9262); former husband, or any person who has or had
2. Economic abuse (Sec. 3(a)(D), R.A. 9262); a sexual or dating relationship, or with whom
3. Psychological violence (Sec. 3(a)(C), R.A. the woman has a common child, or against her
9262);and child whether legitimate or illegitimate, within
4. Sexual violence (Sec. 3(a)(B), R.A. 9262). or without the family abode, which result in or
is likely to result in, inter alia, economic abuse.
PhvSicalViolence As may be gathered from the foregoing,
'"
economic abuse'" may include the deprivation
Acts that include bodily or physical harm (Sec. of support of a common child of the man·
3(a)(A), R.A. 9262). accused and the woman·victim, whether such

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common child is legitimate or not. (Melgar v. An ac.t, which is sexual in nature, committed
People, GR No. 223477, February 14, 2018) against a woman or her child. It includes, but is
not limited to:
Psychological violence
1. Rape, sexual harassment, acts of
Acts or omissions causing or likely to cause lasciviousness, treating a woman or her
mental or emotional suffering of the victim such child as a sex object, making demeaning
as but not limited to intimidation, harassment, and sexually suggestive remarks, physically
stalking, damage to property, public ridicule or attacking the sexual parts of the victim's
humiliation, repeated verbal abuse, and maritaJ body, forcing her/him to watch obscene
infidelity. It includes causing or allowing the publications and indecent shows or forcing
victim to witness the physical, sexual, or the woman or her child to do indecent at'tS
psychological abuse of a member of the family and/or make films thereof, forcing the wife
to which the victim belongs, or to witness and mistress/lover to live in the conjugal
pornography in any form, or to witness abusive home or sleep together in the same room
injury to pets, or to unlawful or unwanted with the abuser;
deprivation of the right to custody and/or 2. Acts causing or attempting to cause the
visitation of common children. (Sec. 3(a)(C), R.A victim to engage in any sexual activity by
9262) force, threat of force, physical or other
harm or threat of physical or other harm or
Q: AAA had a romantic relationship with coercion.
Melgar, which resulted in the birth of BBB, 3. Prostituting the woman or child. (Sec.
an illegitimate child. Melgar freely 3(a)(B), RA 9262)
acknowledged the paternity of BBB.
However, AAA's relationship with Melgar Protectlnn Order
turned sour as the latter had an affair with a
younger woman. When BBB was just about An order issued for the purpose of preventing
one-year-old, Melgar stopped giving further acts of violence against a woman or her
support, prompting AAA to file a case for child. (Sec. 8, R.A 9262)
support, which was eventually granted. This
notwithstanding. Melgar still refused to give Kinds ofnrntectinn ocdecs
support for her and BBB. As such, AAA was
constrained to file the instant criminal case 1. Barangay Pratectian Orders (BPO)
against Melgar. Is Melgar liable for violation 2. Temporary Protection Orders (TPO)
of Section S(i) ofR.A. 9262? 3. Permanent Protection Orders (PPO)

A: NO. Melgar is not liable for violation of lWl.


Section S(i) of R.A. 9262 since it cannot be
proven that his deprivation of support caused A protection order issued by the Punong
mental and emotional anguish. In this case, Barangay ordering the perpetrator to desist
while the prosecution had established that from committing at'tS under Settion 5 (a) and
MELGAR indeed deprived AM and BBB of (b). (Sec.14, RA 9262)
support, no evidence was presented to show
that such deprivation caused either AM or BBB Who issues a BPO
any mental or emotional anguish.
The Punong Barangay may issue a BPO. If he is
Section 5 (i) of R.A. 9262, a form of unavailable, the application shall be acted upon
psychological violence, punishes the act of by any available Barangay Kagawad. (Sec. 14,
"causing mental or emotional anguish, public RA 9262)
ridicule or humiliation to the woman or her
child, including, but not limited to, repeated NOTE: If the BPO is issued by a Barangay
verbal and emotional abuse, and denial of Kagawad, the order must be accompanied by an
financial support or custody of minor children attestation by the Barangay Kagawad that
or denial of access to the woman's the Punong Barangay was unavailable at the
child/children." (Melgar v. People, GR No. time for the issuance of the BPO.
223477, February 14, 2018)
Period of effectivity ofBPO
Sexual violence

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The period of effectivity of a BPO shall be 15 3. Ascendants, descendants, or collateral


days. (Sec.14, R.A. 9262) relatives within the fourth civil degree of
consanguinity or affinity;
:wl. 4. Officers or social workers of the DSWD or
social workers of local government units
A protection order issued by the court on the (LGUs);
date of filing of the application after ex 5. Police officers, preferably those in charge of
porte determination that such order should be women and children's desks;
issued. (Sec. 15, R.A. 9262) 6. Punong Barangay or Barangay Kagawad;
7. Lawyer, counselor, therapist, or healthcare
Period of effectivity ofTPO provider of the petitioner; or
8. At least two (2) concerned responsible
The period of effectivity of a TPO shall be 30 citizens of the city or municipality where
days. (Sec.15, R.A. 9262) the violence against women and their
children occurred and who has personal
NOTE: The court shall schedule a hearing on knowledge of the offense committed. (Sec.
the issuance of a PPO prior to or on the date of 9, R.A 9262)
the expiration of the TPO. (Sec. 15, R.A 9262)
If the applicant is not the victim, the application
must be accompanied by an affidavit of the
applicant attesting to:
A protection order issued by the court after
notice and hearing. (Sec.16, R.A 9262) 1. The circumstances of the abuse suffered by
the vittim; and
NOTE: The court shall not deny the issuance of 2. The circumstances of consent given by the
protection order on the basis of the lapse of victim for the filing of the application.
time between the act of violence and the filing
of the application. (Sec. 16, R.A. 9262) When disclosure of the address of the victim
will pose danger to her life, it shall be so stated
Period ofeffectivitv ofPPO in the application. In such a case, the applicant
shall:
It shall be effective until revoked by a court
upon application of the person in whose favor 1. Attest that the victim is residing in the
the order was issued. (Sec. 16, R.A. 9262) municipality or city over which court has
territorial jurisdiction; and
Where tofile IPQ and PPO 2. Provide a mailing address for the purpose
GR: TPO and PPO are filed in the Family court of service processing. (Sec. 11, R.A. 9262)
at the place of residence of petitioner.
NOTE: A TPO cannot be issued in favor of a man
XPN: In the absence of the Family court. with against his wife under R.A. 9262. (Ocampo v.
the RTC, MeTC, MTC, or MCTC with territorial Judge Arcaya-Chua, AM. OCA IP/ No. 07-2630·
jurisdiction over the place of residence of the RT}, April 23, 2010)
petitioner. (Sec. 10, R.A 9262).
BATTERED WOMAN SYNDROME
The issuance of a BPO or the pendency of
application for BPO shall not preclude a Bauery
petitioner from applying for, or the court from
granting a TPO or PPO. (Sec. 8, R.A 9262). An act of inflicting physical harm upon the
woman or her child resulting to the physical
Who maxfile Petition toe Pcorecfion Orders and psychological or emotional distress. (Sec.
3(b), R.A. 9262)
A petition for protection order may be filed by
any of the following: Raueced Woman Sxndrnme
1. The offended party; A scientifically defined pattern of psychological
2. Parents or guardians of the offended party; and behavioraJ symptoms found in women
living in battering relationships as a result of
cumulative abuse. (Sec. 3(c), R.A. 9262)

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NOTE: In order to be classified as a battered and EEE. Is the case a proper subject of a
woman, the couple must go through the compromise agreement?
battering cycle at least twice. (People v. Genosa,
G.R. No. 135981,January 15, 2004) A: NO. The instant petition is not a proper
subject of a compromise agreement. The law
3PhasesnfCvde nfVinlenre explicitly prohibits compromise on any act
constituting the crime of violence against
1. Tension-Building Phase - minor battering women. Thus, in Garcia v. Drilon, the Court
occurs - it could be verbal or slight physical declared that: Violence is not a subject for
abuse or another form of hostile behavior. compromise. A process which involves parties
mediating the issue of violence implies that the
2. Acute battering incident - characterized by victim is somehow at fault.
brutality, destructiveness and, sometimes,
death. The battered woman deems this NOTE: While AAA filed her application for a
incident as unpredictable, yet also Temporary Pratettion Order (TPO) and a
inevitable. Permanent Protection Order (PPO) as an
independent action and not as an incidental
3. Tranquil, loving or (at least nonviolent) relief prayed for in a criminal suit, the instant
phase - the couple experience profound petition cannot be taken outside the ambit of
relief. On one hand, the batterer may show a cases falling under the provisions of R.A. 9262.
tender and nurturing behavior towards his Perforce, the prohibition against subjecting the
partner. On the other hand, the battered instant petition to compromise applies. (BBB,•
woman tries to convince herself that the v. AAA� G.R. Na.193225, February 9, 2015)
battery will never happen again. (People v.
Genosa, G.R. No.135981,january 15, 2004)
ANTI-CHILD ABUSE LAW
Battered Woman Sxndcome as a nrooer R.A. 7610, AS AMENDED
defense
Victim-survivors who are found by the courts to Children as understood underBA 761O
be suffering from battered woman syndrome
DO NOT incur any criminal and civil liability Children refer to:
notwithstanding the absence of any of the
elements for justifying circumstances of self­ 1. Persons below eighteen (18) years of age;
defense under the RPC. (Sec.26, RA 9262) or
2. Those over but are unable to fully take care
Q: BBB and AAA had a relationship when the of themselves or protect themselves from
latter was still raising her first child borne abuse, neglect, cruelty, exploitation, or
CCC from a previous relationship. During the discrimination because of a physical or
relationship with BBB, AAA bore two more mental disability or condition. (Sec. 3(a),
children namely, DOD and EEE. To legalize R.A. 7610)
their relationship, BBB and AAA married in
civil rights and thereafter, the birth Child abuse (2004 BAB)
certificates of the children, including CCC's,
was amended to change their civil status to The maltreatment, whether habitual or not, of
be legitimated by virtue of the said the child which includes any af the following:
marriage. However, there were fights and
arguments which caused them to have 1. Psychological and physical abuse, neglect,
strained relationship that lead them to the cruelty, sexual abuse, and emotional
filing of a case under the VAWC. Pending the maltreatment; (2002, 2005 BAR)
Court's deliberation of the instant case, BBB 2. Any att by deeds or wards which debases,
filed a Manifestation and Motion to Render degrades or demeans the intrinsic worth
Judgment Based on a Memorandum of and dignity of a child as a human being;
Agreement (MOA). BBB alleges that on July 3. Unreasonable deprivation of his basic
29, 2013, he and AAA had entered into a needs for survival, such as food and shelter;
compromise anent the custody, exercise of or
parental authority over, and support of DDD 4. Failure to immediately give medical
treatment to an injured child resulting in

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SPECIAL PENAL LAWS

serious impairment of his growth and to be children exploited in prostitution and


development or in his permanent other sexual abuse. (Sec. 5, R.A7610)
incapacity or death. (Sec. 3(b), R.A 7610)
(2002 BAR) NOTE: R.A.7610 recognizes the existence of a
male prostitute as a victim and not just as an
Q: When Garingarao touched the breasts offender.
and private parts of the minor, AAA, is it
correct to say that the accused should have Q: One evening in September 2002, AAA,
been convicted only of acts of lasciviousness then 12 years old, drank alcoholic beverages
and not of violalion of R.A. 7610 since the with Udang's children, her neighbors: Betty
incident happened only once? Udang and Bienvlnido Udang, Jr. at their
house in Lumbia, Cagayan de Oro City. After
A: NO. The Court has already ruled that it is drinking, AAA became intoxicated. Udang
inconsequential that sexual abuse under R.A carried her into a dark room where he laid
7610 occurred only once. Sec. 3(b) of RA. 7610 her on the bed, undressed her, and started
provides that the abuse may be habitual or not. kissing her. Udang then went on top of AAA
Hence, the fact that the offense occurred only and inserted his penis into her vagina. After
once is enough to hold Garingarao liable for the incident, Udang went out to report for
acts of lasciviousness under R.A. 7610. duty as barangay tanod while AAA remained
(Garingarao v. People, G.R. No. 192760, July 20, inside his house as she was slill too weak to
2011) move.

PUNISHABLE ACTS One (1) year and three (3) months after, in
December 2003, AAA, who by then was
1. Child proslitulion and other sexual abuse already 13 years old, again had some drinks
(Sec. S, R.A 7610); at Udang's house. This lime, she was with
2. Attempt to commit child prostitution (Sec. Bienvlnido, Jr. and Udang himself. When
6, R.A 7610); AAA felt sleepy, she went into one (1 ) of the
3. Child trafficking (Sec. 7, R.A. 7610); rooms inside the house. While AAA was
4. Attempt to commit child trafficking (Sec. 8, lying in bed, Udang, who had followed her
R.A.7610); into the room, went on top of her, undressed
5. Obscene publications and indecent shows her, and inserted his penis into her vagina
(Sec. 9, R.A7610); unlil he ejaculated. After having sexual
6. Other acts of neglect, abuse, cruelty or intercourse with AAA, Udang went out to
exploitation and other conditions report for duty as barangay tanod. AAA, too
prejudicial to the child's development tired, remained lying in bed. Bienvinido
(Sec. 10, R.A7610); claims that AAA welcomed his kisses and
7. Establishments or enterprises promoling, touches and consented to have sexual
facilitating, or conducting activities intercourse with him. They engaged in these
conslituting child prostitution and other acts out of mutual love and affeclion.
sexual abuse, child trafficking, obscene (sweetheart theory) Is Bienvinido Udang, Sr.
publications and indecent shows, and y Sevilla liable for Two (2) counts of sexual
other acts of abuse (Sec.11, R.A.7610); abuse under Seclion S(b) of Republic Act No.
8. Employment of children (Sec. 12, 7610 or under Arlicle 266-A (1) of the
R.A.7610); Revised Penal Code?
9. Discrimination of children of indigenous
cultural communities (Sec. 20, R.A. 7610); A: The trial court was wrong in ruling that
and charging Udang with both rape, under under
10. Confidentiality. (Sec. 29, R.A.7610) Article 266-A(l) of the RPC, and sexual abuse
under Sec. S(b), of R.A. 7610, would violate his
Child proslitulion and other sexual abuse right against double jeopardy.

Children, whether male or female, who for The "force, threat or intimidation" or
money, profit, or any other consideration or deprivation of reason or unconsciousness
due to the coercion or influence of any adult. elements under Art. 266-A (1) is not the same
syndicate or group, indulge in sexual as the "coercion or influence" required under
intercourse or lascivious conduct, are deemed the Sec. 5 (b), R.A. 7610. Consent is immaterial
in the crime of sexual abuse because the mere

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act of having sexual intercourse with a child 2. Those who commit the act of sexual
exploited in prostitution or subjected to sexual intercourse or lascivious conduct with a
abuse is already punishable by the law. child exploited in prostitution or subjett to
However, consent exonerates an accused from a other sexual abuse; Provided, that when
rape charge. (People v. Udong, G.R. No. 210161, the victim is under twelve (12) years of age,
January 10, 2018, as penned by J. Leonen) the perpetrators shall be prosecuted under
Article 335, paragraph 3, for rape and
NOTE: The ruling in the case of People v. Udang Article 336 of the Revised Penal Code, for
as regards the non-application of double rape or lascivious condutt, as the case may
jeopardy overturned the 2009 People v. Abay be; and
ruling wherein the Supreme Court ruled that
charging an accused with both rape, under 3. Those who derive profit or advantage
Article 266-A (1) of the RPC, and sexual abuse therefrom, whether as manager or owner
under Sec. S(b), of R.A. 7610 would constitute a of the establishment where the prostitution
violation of the right of the accused against takes place, or of the sauna, disco, bar,
double jeopardy. resort. place of entertainment or
establishment serving as a cover or which
Nnn-aonlifahilirv of Sweerbeaa Iheocx engages in prostitution in addition to the
attivity for which the license has been
In the case of People v. Udang (ibid.), the issued to said establishment. (Sec. S,
sweetheart theory applies in acts of R.A.7610)
lasciviousness and rape, felonies committed
against or without the consent of the victim. It Q: CCC, AA.A's uncle, filed a complaint for
operates on the theory that the sexual act was malicious mischief against Torres, who
consensual. It requires proof that the accused allegedly caused damage to his
and the victim were lovers and that she multicab. AA.A witnessed the alleged
consented to the sexual relations. For purposes incident and was brought by CCC to
of sexual intercourse and lascivious conduct in testify. At the barangay, CCC, CCC's wife and
child abuse cases under R.A. 7610, the AA.A were waiting for the conciliation
sweetheart defense is unacceptable. A child proceedings to begin when they chanced
exploited in prostitution or subjected to other upon Torres. CCC's wife, persuaded Torres
sexual abuse cannot validly give consent to to attend the proceedings to answer for his
sexual intercourse with another person. liability which he vehemently denied. In the
middle of the brewing argument, AA.A
Persons liable for child prostitution and suddenly interjected that Torres damaged
other sexual abuse CCC's multicab and accused him of stealing
CCC's fish nets. Torres told AA.A not to pry in
1. Those who engage in or promote, facilitate the affairs of adults and warned AA.A that he
or induce child prostitution which include, would whip him if he did not stop. However,
but are not limited to the following: AA.A refused and continued the accusations.
a. Acting as a procurer of a child Infuriated, Torres whipped AA.A on the neck
prostitute; using a wet t-shirt three times causing the
b. Inducing a person to be a client of latter to fall down from the stairs. CCC came
a child prostitute by means of to AA.A's defense and punched Torres. They
written or oral advertisements or engaged in a fistfight until they were
other similar means; separated by Brngy. Captain. Based on the
c. Taking advantage of influence or physical examination, AA.A sustained a
relationship to procure a child as contusion. The RTC and CA convicted Torres
prostitute; guilty of Other Acts of Child Abuse under Sec
d. Threatening or using violence 10, par A ofR.A. 7610. ls Torres liable under
towards a child to engage him as a Other Acts of Child Abuse under Section 10,
prostitute; or paragraph A ofRepublic Act No. 7610?
e. Giving monetary consideration
goods or other pecuniary benefit to A: YES. Torres is liable under Other Acts of
a child with intent to engage such Child Abuse under Section 10, paragraph A of
child in prostitution. RA. 7610. The victim, AAA, was a child when
the incident occurred. Therefore, AAA is
entitled to protection under Republic Act No.
7610 the primary purpose of which has been

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SPECIAL PENAL LAWS

defined by previous jurisprudence as a measure justification from the child's parents or


geared towards the implementation of a legal guardian;
national comprehensive program for the 2. When a person, agency, establishment or
survival of the most vulnerable members of the child-caring institution recruits \VOmen or
population, the Filipino children, in keeping couples to bear children for the purpose of
with the Constitutional mandate under Article child trafficking;
XV, Section 3, paragraph 2, that "The State shall 3. When a doctor, hospital or clinic official or
defend the right of the children to assistance, employee, nurse, midwife, local civil
including proper c.are and nutrition, and special registrar or any other person simulates
protection from all forms of neglect, abuse, birth for the purpose of child trafficking; or
cruelty, exploitation, and other conditions 4. When a person engages in the act of finding
prejudicial to their development." children among low-income families,
hospitals, clinics, nurseries, day-care
Although it is true that not every instance of centers, or other child-caring institutions
laying of hands on the child constitutes child who can be offered for the purpose of child
abuse, petitioner's intention to debase, degrade, trafficking. (Sec. 8, R.A. 7610)
and demean the intrinsic worth and dignity of a
child can be inferred from the manner in which Pecsons liable toe obscene m1bHrations and
he committed the act complained of. (Torres v. indecent shows
People, G.R. No. 206627, Jonuory 18. 2017, as
penned byJ. Leonen) Any person who shall hire, employ, use,
persuade, induce, or coerce a child to perform
Instances when there is an attempt to in obscene exhibitions and indecent shows,
commit cbiJd ncostltuJion whether live or in video, or model in obscene
publications or pornographic materials or to
1. Any person who, not being a relative of a sell or distribute the said materials. (Sec. 9,
child, is found alone with the said child R.A.7610)
inside the room or cubicle of a house, an
inn, hotel, motel, pension house, apartelle Pecsons liable toe other aas of neelect
or other similar establishments, vessel, abuse cn,eltx or exnloitatlon and ntber
vehicle or any other hidden or secluded conditions nr.,.intlitfal to the child's
area under circumstances which would develnnment
lead a reasonable person to believe that
the child is about to be exploited in 1. Any person who shall commit any other
prostitution and other sexual abuse. acts of child abuse, cruelty or exploitation
2. Any person is receiving services from a or to be responsible for other conditions
child in a sauna parlor or bath, massage prejudicial to the child's development;
clinic, health club and other similar 2. Any person who shall keep or have in his
establishments. (Sec. 6, R.A.7610) company a minor, twelve (12) years or
under or who is ten (10) years or more his
Persons liable for child trafficking junior in any public or private place, hotel,
motel, beer joint, discotheque, cabaret,
Any person who shall engage in trading and pension house, sauna or massage parlor,
dealing with children including, but not limited beach and/or other tourist resort or similar
to, the act of buying and selling of a child for places. Provided, that this provision shall
money, or for any other consideration, or not apply to any person who is related
barter. (Sec. 7, R.A.7610) within the fourth degree of consanguinity
or affinity or any bond recognized by law,
Attemnt to commit rhUd traffickine local custom and tradition or ac:ts in the
performance of a social, moral or legal
There is an attempt to commit child trafficking: duty;
3. Any person who shall induce, deliver or
1. When a child travels alone to a foreign offer a minor to any one prohibited by this
country without valid reason therefor and Act to keep or have in his company a minor
without clearance issued by the as provided in the preceding paragraph;
Department of Social Welfare and 4. Any person, owner. manager or one
Development or written permit or entrusted with the operation of any public
or private place of accommodation,

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CRIMINAL LAW

whether for occupancy, food, drink or child's parent or guardian, with the express
otherwise, including residential places, agreement of the child concerned, if
who allows any person to take along with possible, and the approval of the
him to such place or places any minor Department of Labor and Employment:
herein described; or Provided, that the following requirements
5. Any person who shaJI use, coerce, force or in all instances are strictly complied with:
intimidate a street child or any other child
to: a. The employer shall ensure the
protection, health, safety and morals of
a. Beg or use begging as a means of living; the child;
b. Att as conduit or middlemen in drug b. The employer shall institute measures
trafficking or pushing; or to prevent the child's exploitation or
c. Conduct any illegal activities. (Sec. 10, discrimination taking into account the
R.A. 7610) system and level of remuneration, and
the duration and arrangement of
Sanctions of Establishments or Enterprises working time; and;
c. The employer shall formulate and
All establishments and enterprises which implement, subject to the approval and
promote or facilitate child prostitution and supervision of competent authorities, a
other sexual abuse, child trafficking, obscene continuing program for training and
publications and indecent shows, and other ac.ts skill acquisition of the child. (Sec. 12,
of abuse shall be immediately closed and their RA 7610J
authority or license to operate cancelled,
without prejudice to the owner or manager NOTE: In the above exceptional cases where
thereof being prosecuted under this Act and/or any such child may be employed, the employer
the Revised Penal Code, as amended, or special shall first secure, before engaging such child, a
laws. (Sec.11, R.A. 7610J work permit from the Department of Labor and
Employment which shall ensure observance of
NOTE: An establishment shall be deemed to the above requirement. (Sec.12, R.A. 7610J
promote or facilitate child prostitution and
other sexual abuse, child trafficking, obscene Prohibition on the Emnlovment of Children
publications and indecent shows, and other ac.ts in Certain Advertisements
of abuse if the acts constituting the same occur
in the premises of said establishment. (Sec. 11, No person shall employ child models in all
R.A. 7610J commercials or advertisements promoting:

EmolnvmentofChildren 1. Alcoholic beverages;


2. Intoxicating drinks;
GR: No child below fifteen (15) years of age 3. Tobacco and its byproducts; and
may be employed. 4. Violence. (Sec.14, RA 761 OJ

XPNs: Discrimination of children of indjgenous


1. When a child works directly under the sole culn,cal communities
responsibility of his parents or legal
guardian and where only members of the Children of indigenous cultural communities
employer's family are employed: Provided, shall not be subjected to any and all forms of
however, that his employment neither discrimination. (Sec. 20, R.A. 761 OJ
endangers his life, safety and health and
morals, nor impairs his normal Who maxfileacomolaint
development: Provided, further, That the
parent or legal guardian shall provide the 1. Offended party;
said minor child with the prescribed 2. Parents or guardians;
primary and/or secondary education; or 3. Ascendant or collateral relative within the
2. When a child's employment or third degree of consanguinity;
participation in public entertainment or 4. Officer, social worker or representative of a
information through cinema. theater, radio licensed child·caring institution;
or television is essential: Provided, the 5. Officer or social worker of the Department
employment contract concluded by the of Social Welfare and Development;
6. Barangay chairman; or

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7. At least three (3) concerned responsible UnderSec 11 Calnot em,merated underSec


citizens where the violation occurred. 4CC!II-PAll,l
"Cnmncehensive oroecam arainst rhUd 1. Cursing;
abuse, exploitation and djscrimination" 2. Use of sexual names, comments, and
demands;
This refers to the coordinated program of 3. Taunting;
services and facilities to protec.t children 4. Persistent telling of sexual jokes;
against: 5. Any statement that has made an invasion
on a person's personal space or threatens
1. Child Prostitution and other sexual abuse; the person's sense of personal safety;
2. Child trafficking; 6. Intrusive gazing; and
3. Obscene publications and indecent shows; 7. Leering.
4. Other acts of abuses; and
5. Circumstances which threaten or endanger
the survival and normal development of UnderSec 11 Chl not em,menned underSec
children. (Sec. 3(d), R.A. 7610) .i
Making offensive body gestures at
1.
SAFE SPACES ACT someone; and
RA.11313 2. Exposing private parts for the sexual
gratification of the perpetrator with the
effect of demeaning, harassing, threatening
PUNISHABLE ACTS or intimidating the offended party
including flashing of private parts, public
1. Gender-based streets and masturbation, groping, and similar lewd
sexual actions.
public spaces sexual harassment

How committed UnderSec 11 Cci notennmerared underSec


.!
Through any unwanted and uninvited sexual
actions or remarks against any person 1. Stalking, and any acts mentioned in Sec. 11
(a) and (b), when accompanied by
regardless of the motive.
touching, pinching or brushing against the
body of the offended person; or
Elements· 2. Any touching, pinching, or brushing against
1. Unwanted and has threatened one's sense the genitalia. face, arms, anus, groin,
of personal space and physical safety; and breasts, inner thighs, face, buttocks or any
2. Committed in public spaces. part of the victim's body even when not
accompanied by acts mentioned in Section
11 paragraphs (a) and (b).
tinder Sec 4 oar 2 BA 11313 CCBAMPS­
WUG)
2. Gender-based online
1. Catcalling; sexual harassment
2. Relentless requests for personal details;
a. Use of information and communications
3. Any advances, whether verbal or physical;
4. Misogynistic, transphobic, homophobic, technology in terrorizing and intimidating
and sexual slurs; victims through -
5. Persistent uninvited comments or gestures
i. Physical, psychological, and
on a person's appearance;
emotional threats, unwanted sexual
6. Statement of sexual comments and misogynistic, transphobic,
suggestions, Public masturbation or
homophobic and sexist remarks and
flashing of private parts;
comments online whether publicly
7. Wolf-whistling;
or through dirett and private
8. Unwanted invitation; and
messages;
9. Groping.
ii. Invasion of victim's privacy through
cyberstalking and incessant
messaging;

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iii. Uploading and sharing without b. A conduct of sexual nature and other
the consent of the victim, any form conduct-based on sex affecting the dignity
of media that contains photos, voice, of a person, which is unwelcome,
or video with sexual content; unreasonable, and offensive to the
iv. Any unauthorized recording and recipient. whether done verbally,
sharing of any of the victim's physically or through the use of
photos, videos, or any information technology such as text messaging or
online; electronic mail or through any other forms
v. Impersonating identities of of information and communication
victims online or posting lies about systems; or
victims to harm their reputation; or c. A condutt that is unwelcome and
vi Filing false abuse reports to pervasive and creates an intimidating,
online platforms to silence victims. hostile or humiliating environment for the
(Sec.12, RA 11313) recipient:

3. Qualified gender-based street, Provided, That the crime of gender-based


public, and online sexual harassment sexual harassment may also be committed
between peers and those committed to a
a. The act takes place in a common superior officer by a subordinate, or to a
carrier or PUV, including, but not teacher by a student, or to a trainer by a
limited to, jeepneys, taxis, tricycles, or trainee. (Sec.16, R.A.11313)
app-based transport network vehicle
services, where the perpetrator is the S. Gender-based sexual harassment in
driver of the vehicle and the offended educational and training institution
party is a passenger;
b. The offended party is a minor, a senior GENDER-BASED STREETS AND PUBLIC
citizen, or a person with disability SPACES SEXUAL HARASSMENT
(PWD), or a breastfeeding mother
nursing her child; Public Spaces
c. The offended party is diagnosed with a
mental problem tending to impair 1. Alleys
consent; 2. Roads
d. The perpetrator is a member of the 3. Sidewalks
uniformed services, such as the PNP 4. Parks
and the Armed Forces of the 5. Buildings
Philippines (AFP), and the act was 6. Schools
perpetrated while the perpetrator was 7. Churches
in uniform; or 8. Restaurants
e. The act takes place in the premises of a 9. Malls
government agency offering frontJine 10. Public washrooms
services to the public and the 11. Bars
perpetrator is a government employee. 12. Internet shops
(Sec. 15, R.A. 11313) 13. Public markets
14. Transportation terminals
4. Gender-based sexual 15. Public utility vehicles (Sec. 4, RA
harassment in workplace 11313)
a. Any unwelcome sexual advances, requests Obligations of Establishments fASSOCSl
or demand for sexual favors or any act of
sexual nature, whether done verbally,
1. Provide ,assistance to victims of gender­
physically or through the use of based sexual harassment by coordinating
technology (text messaging or electronic
with local police authorities immediately
mail) or through any other forms of
after gender·based sexual harassment is
information and communication systems,
reported;
that has or could have a detrimental effett
2. Making ,C,CTV footage available when
on the conditions of an individual's
ordered by the court;
employment or education, job
3. Providing a 1afe gender-sensitive
performance or opportunities;
environment to encourage victims to

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report gender -based sexual harassment at The LGU shall disseminate or post in
the first instance; conspicuous places a copy of this Act and the
4. Install in clearly-visible warning S)gns corresponding ordinance. (Sec. 8 (b), R.A.
against gender-based public spaces sexual 11313)
harassment, including the anti-sexual
harassment hotline number in bold letters; 3. Preventive Measures
5. Designate at least 1 Anti-Sexual
Harassment Qfficer to receive gender­ Provide measures to prevent gender-based
based sexual harassment complaints; sexuaJ harassment in educational institutions,
6. �ecurity guards in these places may be such as information campaigns and anti·
deputized to apprehend perpetrators sexual harassment seminars. (Sec. 8 (c), R.A.
caught in flanronte de/icto and are required 11313)
to immediately coordinate with local
authorities. (Sec.5, RA 11313) 4. Create Anti-Sexual-Hotline (Sec. 8 (e),
R.A.11313)
Breach ofContcacroffarriaee
The MMDA. PNP. and the Women and
In case of Gender-Based Sexual Harassment in Children's Prnrea:inn Desk
PUV's, when the perpetrator is the driver of the
vehicle, the offense shall also constitute a Given the authority to apprehend perpetrators
breach of contract of carriage. and enforce the law: Provided, that they have
undergone prior Gender Sensitivity Training
There is presumption of negligence on the part (GST).
of the owner or operator of the vehicle in the
selection and supervision of employees thus the For gender-based streets and public spaces
owner or operator shall be solidarily liable for sexual harassment, the MMDA and the local
the offense of the employee. (Sec. 6, v 11313) units of the PNP for the provinces shall
deputize its enforcers to be Anti· Sexual
NOTE: The Land Transportation Office (LTO) Harassment Enforcers (ASHE). They shall be
may cancel the license of perpetrators. The deputized to receive complaints on the street
Land Transportation Franchising and and immediately apprehend a perpetrator if
Regulatory Board (LTFRB) may suspend or caught in flagrante delitto. The perpetrator
revoke the franchise of transportation shall be immediately brought to the nearest
operators. (Sec. 6, RA 11313) PNP station to face charges of the offense
committed. (Sec. 10, RA 11313)
Committed bx Minor
GENDER-BASED ONLINE
If the offense is committed by a minor, the SEXUAL HARASSMENT
Department of Social Welfare and Development
(DSWD) shall take necessary disciplinary Exemntlnos to Acrs Coostlturive as Gender­
measures as provided for under R.A. 9344, Based Online Sexual Harassment
otherwise known as the ..Juvenile Justice and
Welfare Act of 2006". (Sec. 7, RA 11313) Exemption to acts constitutive and penalized as
gender-based online sexual harassment are
DUTIES OF THE IMPLEMENTING BODIES authorized written orders of the court for any
peace officer to use online records or any copy
The LGII thereof as evidence in any civil, criminal
investigation or trial of the crime.
1. Passage and Dissemination
NOTE: Any record, photo or video, or copy
The LGU shall pass an ordinance which shall thereof of any person that is in violation of the
localize the applicability of this Act within sections preceding Sec. 14 of this Act shall not
sixty (60) days of its effectivity. (Sec. 8 (a), be admissible in evidence. (Sec.14, RA 11313)
R.A.11313)
QUALIFIED GENDER-BASED STREET, PUBLIC
2. Dissemination SPACES AND ONLINE HARASSMENT

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Acts that are legitimate expressions of 3. Establishment of an independent


indigenous culture and tradition, as well as committee
breastfeeding in public shall not be penalized
(Sec. 31, R.A. 11313) Create an independent internal
mechanism or a committee on decorum
GENDER-BASED SEXUAL HARASSMENT and investigation to investigate and
IN THE WORKPLACE address complaints of gender-based
sexual harassment.
loCOcmation and Communication svstem
Duties of Employees and Co-workers (Re-Di­
A system for generating, sending, receiving, .B&a.s.l.
storing or otherwise processing electronic data
messages or electronic documents and includes 1. J!tfrain from committing acts of gender­
the computer system or other similar devices based sexual harassment;
by or in which data are recorded or stored and 2. Jllscourage the conduct of gender-based
any procedure related to the recording or sexual harassment in the workplace;
storage of electronic data messages or 3. Provide emotional or social s;upport to
electronic documents. (Sec 16(d), R.A. 11313) fellow employees, co-workers, colleagues
or peers who are victims of gender-based
Duties of Employers sexual harassment: and
4. BJ:port acts of gender-based sexual
Employers or other persons of authority, harassment witnessed in the workplace.
influence or moral ascendancy in a workplace (Sec.18, R.A.11313)
shall have the duty to prevent, deter, or punish
the performance of acts of gender-based sexual Uahilitv nfEmolnvecs
harassment in the workplace. (Sec. 17, R.A.
11313) In addition to liabilities for committing gender­
based sexual harassment, employers may also
The employer or person of authority, inHuence be held responsible for:
or moral ascendancy shall:
1. Non-Implementation of the duties of the
1. Dissemination/Notice employer under Sec. 17; or
2. Not taking action on reported acts of
Disseminate or post in a conspicuous gender-based sexual harassment
place a copy of R.A. No. 11313 to all committed in the workplace. (Sec. 19, R.A.
persons in the workplace (Sec. 17 (a}, R.A. 11313)
11313)
GENDER-BASED SEXUAL HARASSMENT IN
Provide and disseminate, in consultation EDUCATIONAL AND TRAINING INSTITUTION
with all persons in the workplace, a code
of conduct or workplace policy which Duties of Educational and Training
shall: Jostltutinos

a. Expressly reiterate the prohibition on 1. Designation ofan officer-in-charge


gender·based sexual harassment;
b. Describe the procedures of the To receive complaints regarding
internal mechanism created under violations of this Act and ensure that the
Section 17(c) of this Act; and victims are provided with a gender­
c. Set administrative penalties. (Sec. sensitive environment that is both
17(d), R.A.11313) respectful to the victims' needs and
conducive to truth-telling. (Sec. 21, par. 1,
2. Preventive measures R.A. 11313)

Provide measures to prevent gender­ 2. Grievance procedure


based sexual harassment in the
workplace, such as the conduct of anti­ Adopt and publish grievance procedures
sexual harassment seminars (Sec 17(b), to facilitate the filing of complaints by
R.A.11313) students and faculty members.

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Even if an individual does not want to file c. Set administrative penalties. (Sec.
a complaint or does not request that the 22(d}, RA 11313)
school take any action on behalf of a
student or faculty member and school 2. Preventive measures
authorities have knowledge or
reasonably know about a possible or Provide measures to prevent gender­
impending act of gender-based sexual based sexual harassment in educational
harassment or sexual violence, the school institutions, like information campaigns.
should promptly investigate to determine (Section 22(b), RA No.11313)
the veracity of such information or
knowledge and the circumstances under
which the act of gender-based sexual DATA PRIVACY ACT OF 2012
harassment or sexual violence were R.A.10173
committed, and take appropriate steps to
resolve the situation. If a school knows or
reasonably should know about acts of PUNISHABLE ACTS
gender-based sexual harassment or
sexual violence being committed that I. Unauthorized processing of personal
creates a hostile environment, the school information and sensitive personal
must take immediate action to eliminate information. (Sec. 25, R.A. 10173)
the same acts, prevent their recurrence, 2. Accessing personal information and
and address their effects. sensitive personal information due to
negligence. (Sec. 26, R.A. 10173)
Once a perpetrator is found guilty, the 3. Improper disposal of personal information
)educational institution may reserve the and sensitive personal information. (Sec.
right to strip the diploma from the 27, RA 10173)
perpetrator or issue an expulsion order. 4. Processing of personal information and
(Sec. 21, par. 2, R.A. 11313) sensitive personal information for
unauthorized purposes. (Sec. 28, R.A.
3. Committee on Decorum and 10173)
Investigation (CODI) 5. Unauthorized access or intentional breach
- Persons who knowingly and unlawfully,
The CODI of all educational institutions or violating data confidentiality and
shall address gender-based sexual security data systems, breaks in any way
harassment and online sexual into any system where personal and
harassment in accordance with the rules sensitive personal information is stored.
and procedures contained in their CODI (Sec. 29, R.A. 10173)
manual. (Sec. 21, par. 4, RA 11313) 6. Concealment of security breaches
involving sensitive personal information.
Duties of School Heads (Sec. 30, R.A. 10173)
7. Malicious disclosure - Any personal
1. Dissemination/notice information controller or personal
information processor or any of its
Disseminate or post a copy of this Act in a officials employees or agents, who, with
conspicuous place in the educational malice or in bad faith, discloses
institution. (Sec. 22(a}, R.A. 11313) unwarranted or false information relative
to any personal information or personal
Provide and disseminate, in consultation sensitive information obtained by him or
with all persons in the educational her. (Sec. 31, RA 10173)
institution, a code of condutt or school 8. Unauthorized disclosure - Any personal
policy which shall: information controller or personal
information processor or any of its
a. Expressly reiterate the prohibition on officials, employees or agents, who
gender-based sexual harassment; discloses to a third party personal
b. Prescribe the procedures of the information or sensitive personal
internal mechanism created under this information not covered by Section 30
Act; and without the consent of the data subject.
(Sec. 32, R.A. 10173)

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9. Combination or series of acts as defined in 5. Information necessary in order to carry


Sections 25 to 32. (Sec. 33, R.A. 10173). out the functions of public authority
which includes the processing of personal
SCOPE OF APPLICATION data for the performance by the
independent. central monetary authority
1. Any natural and juridical person involved and law enforcement and regulatory
in personal information processing agencies of their constitutionally and
2. Personal information controllers and statutorily mandated functions;
processors, although not found or 6. Information necessary for banks and
established in the Philippines: other financial institutions under the
jurisdiction of the independent. central
a. Use equipment that are located in monetary authority or Bangko Sentral ng
the Philippines or; Pilipinas to comply with Republic Act No.
b. Those who maintain an office, 9510, otherwise known as the Credit
branch or agency in the Information System Act [CISA), and
Philippines. (Sec. 4, R.A. 10173) Republic Act No. 9160, as amended,
otherwise known as the Anti-Money
EXCEPTIONS Laundering Act and other applicable laws;
or
The provisions of the Data Privacy Att are not 7. Personal information originally collected
applicable in the following cases: from residents of foreign jurisdictions in
accordance with the laws of those foreign
1. Information about any individual who is jurisdictions, including any applicable
or was an officer or employee of a data privacy laws, which is being
government institution that relates to the processed in the Philippines. (Sec. 4, R.A.
position or functions of the individual, 10173)
including:
EXTRATERRITORIAL APPLICATION
a. The fact that the individual is or
was an officer or employee of the This Act applies to an act done or practice
government institution; engaged in and outside of the Philippines by an
b. The title, business address and entity if:
office telephone number of the
individual; 1. The act, practice or processing relates to
c. The classification, salary range and personal information about a Philippine
responsibilities of the position held citizen or a resident:
by the individual; and 2. The entity has a link with the Philippines,
d. The name of the individual on a and the entity is processing personal
document prepared by the information in the Philippines or even if the
individuaJ in the course of processing is outside the Philippines as
employment with the government; long as it is about Philippine citizens or
residents such as, but not limited to, the
2. Information about an individual who is or following:
was performing service under contract
for a government institution that relates a. A contract is entered in the
to the services performed, including the Philippines;
terms of the contract, and the name of the b. A juridical entity unincorporated in
individual given in the course of the the Philippines but has central
performance of those services. management and control in the
3. Information relating to any discretionary country; and
benefit of a financial nature such as the c. An entity has a branch, agency, office
granting of a license or permit given by or subsidiary in the Philippines and
the government to an individual, the parent or affiliate of the
including the name of the individual and Philippine entity has access to
the exact nature of the benefit; personal information; and
4. Personal information processed for
journalistic, artistic, literary or research 3. The entity has other links in the Philippines
purposes; such as, but not limited to:

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a. The entity carries on business in the processing of personal information, kept up


Philippines; and to date; inaccurate or incomplete data must
b. The personal information was be rectified, supplemented, destroyed or
collected or held by an entity in the their further processing restritted;
Philippines. (Sec. 6, RA 10173) 4. Adequate and not excessive in relation to
the purposes for which they are collected
Nothing in this Act shall be construed as to have and processed;
amended or repealed the provisions of Republic 5. Retained only for as long as necessary for
Act No. 53, which affords the publishers, the fulfillment of the purposes for which
editors, or duly accredited reporters of any the data was obtained or for the
newspaper, magazine or periodical of generaJ establishment. exercise or defense of legal
circulation protection from being compelled to claims, or for legitimate business purposes,
reveal the source of any news report or or as provided by law; and
information appearing in said publication 6. Kept in a form which permits identification
which was related in any confidence to such of data subjects for no longer than is
publisher, editor, or reporter. (Sec. 5, RA necessary for the purposes for which the
10173) data were collected and processed:
Provided, that personal information
PERSONAL INFORMATION collected for other purposes may be
processed for historical, statistical or
Any information whether recorded in a scientific purposes, and in cases laid down
material form or not, from which the identity of in law may be stored for longer periods:
an individual is apparent or can be reasonably Provided, further, That adequate
and directly ascertained by the entity holding safeguards are guaranteed by said laws
the information, or when put together with authorizing their processing. (Sec. 11, R.A.
other information would directly and certainly 10173)
identify an individual. (Sec. 3(9), R.A. 10173)
NOTE: The personal infonnation controller
PROCESSING OF PERSONAL INFORMATION must ensure implementation of personal
information processing principles set out
Prncessine herein. (Sec.11, R.A.10173)

Any operation or any set of operations Pecsonal lnfncmatlon Coorcollec


performed upon personal information
including, but not limited to, the collection, A person or organization who controls the
recording, organization, storage, updating or collection holding, processing or use of
modification, retrieval, consultation, use, personal information, including a person or
consolidation, blocking. erasure or destruction organization to collect, hold, process, use,
of data. (Sec. 3(j), R.A. 10173) transfer or disclose personaJ information on his
The processing of personal information shall be or her behalf. The term excludes:
allowed, subject to compliance with the
requirements under R.A. 10173 and other laws 1. A person or organization who
allowing disclosure of information to the public performs such functions as instructed
and adherence to the principles of by another person or organization; and
transparency, legitimate purpose and 2. An individual who collects, holds,
proportionality. processes or uses personal information
in connection with the individual's
Personal information must be: personal, family or household affairs.
(Section 3(h), RA 10173)
1. Collected for specified and legitimate
purposes determined and declared before, Criteria for Lawful Processing of Personal
or as soon as reasonably practicable after lnfncmatlon
collection, and later processed in a way
compatible with such declared, specified The processing of personal information shall be
and legitimate purposes only; permitted only if:
2. Processed fairly and lawfully;
3. Accurate, relevant and, where necessary for 1. Not otherwise prohibited by law; and
purposes for which it is to be used the

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2. When at least one of the following 1. Implement reasonable and appropriate


conditions exists: organizational, physical and technical
measures intended for the protection of
a. The data subjett has given his or her personal information;
consent; 2. Implement reasonable and appropriate
b. The processing of personal measures to protect personal information
information is necessary and is against natural dangers such as accidental
related to the fulfillment of a contratt loss or destruction, and human dangers;
with the data subjett or in order to 3. The determination of the appropriate level
take steps at the request of the data of security under this section must take
subjec.t prior to entering into a into account the nature of the personal
contract; information to be protected, the risks
c. The processing is necessary for represented by the processing, the size of
compliance with a legal obligation to the organization and complexity of its
which the personal information operations, current data privacy best
controller is subject; practices and the cost of security
d. The processing is necessary to implementation. It must include:
protect vitally important interests of
the data subject, including life and a. Safeguards to protect its computer
health; network against accidental,
e. The processing is necessary in order unlawful or unauthorized usage or
to respond to national emergency, to interference with or hindering of
comply with the requirements of their functioning or availability;
public order and safety, or to fulfill b. A process for identifying and
functions of public authority which accessing reasonably foreseeable
necessarily includes the processing of vulnerabilities in its computer
personal data for the fulfillment of its networks, and for taking
mandate; or preventive, corrective and
f. The processing is necessary for the mitigating action against security
purposes of the legitimate interests incidents that can lead to a
pursued by the personal information security breach; and
controller or by a third party or c. A process for identifying and
parties to whom the data is disclosed, accessing reasonably foreseeable
except where such interests are vulnerabilities in its computer
overridden by fundamental rights networks, and for taking
and freedoms of the data subjett preventive, corrective and
which require protection under the mitigating action against security
Philippine Constitution. (Sec. 12, R.A incidents that can lead to a
10173) security breach; and
d. Regular monitoring for security
NOTE: Personal information controller may breaches and a process for taking
subcontract the processing of personal preventive, corrective and
information, Provided Thot, the personal mitigating action against security
information controller shall be responsible for incidents that can lead to a
ensuring that proper safeguards are in place to security breach.
ensure the confidentiality of the personal
information processed, prevent its use for 4. Further ensure that third parties
unauthorized purposes, and generally, comply processing personaJ information on its
with the requirements of R.A. 10173, and other behalf shall implement the security
laws for processing of personal information. measures required by this provision;
The personal information processor shall or
comply with all the requirements of this law 5. Promptly notify the Commission and
and other applicable laws. (Sec.14, R.A.10173) affected data subjects when sensitive
personal information or other
SECURITY OF PERSONAL INFORMATION information that may, under the
Sec ZO, R.A.10173 circumstances, be used to enable
identity fraud are reasonably believed
Iask nfoecsonal intocmationconrcoller to have been acquired by an

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unauthorized person, and the personal internationally. subject to cross-border


information controller or the arrangement and cooperation.
Commission believes that such
unauthorized acquisition is likely to 1. The personal information controller is
give rise to a real risk of serious harm accountable for complying with the
to any affected data subjet1:. The requirements of this Act and shall use
notification shall at least describe the contractual or other reasonable means to
nature of the breach, the sensitive provide a comparable level of protection
personal information possibly while the information are being processed
involved, and the measures taken by by a third party.
the entity to address the breach. 2. The personal information controller shall
Notification may be delayed only to the designate an individual or individuals who
extent necessary to determine the are accountable for the organization's
scope of the breach, to prevent further compliance with this Act The identity of the
disclosures, or to restore reasonable individual(s) so designated shall be made
integrity to the information and known to any data subject upon request.
communications system. (Sec. 21, R.A.10173)

Task ofrbeCommission SENSITIVE PERSONAL INFORMATION AND


PRIVILEGED INFORMATION
1. In evaluating if notification is unwarranted,
the Commission may take into account Privileeed Iofnrmarinn
compliance by the personal information
controller with this section and existence of
Any and all forms of data which under the Rules
good faith in the acquisition of personal
of Court and other pertinent laws constitute
information. privileged communication. (Sec. 3(k), R.A.
2. The Commission may exempt a personal 10173)
information controller from notification
where, in its reasonable judgment, such
notification would not be in the public SenSitive Pecsonal lofnrmatino
interest or in the interests of the affected
data subjects. Personal information:
3. The Commission may authorize
postponement of notification where it may 1. About an individual's race, ethnic origin,
hinder the progress of a criminal marital status, age, color, and religious,
investigation related to a serious breach. philosophical or political affiliations.
2. About an individual's health, education,
genetic or sexual life of a person. or to any
Task of the emnlnvees aeents or proceeding for any offense committed or
rencesenrarives of a necsonal iofncmatinn alleged to have been committed by such
rootrnller who are involved io the
person, the disposal of such proceedings,
nrocessioe nfoecsooal iofnrmarinn or the sentence of any court in such
Operate and hold personal information under proceedings.
strict confidentiality if the personal information 3. Issued by government agencies peculiar to
are not intended for public disclosure. This an individual which includes, but not
obligation shall continue even after leaving the limited to, social security numbers,
public service, transfer to another position or previous or current health records,
upon termination of employment or contractual licenses or its denials, suspension or
relations. revocation, and tax returns.
4. Specifically established by an executive
ACCOUNTABILITY FOR TRANSFER OF order or an act of Congress to be kept
PERSONAL INFORMATION classified. (Sec. 3(/), R.A. 10173)

Each personal information controller is PROCESSING OF SENSITIVE PERSONAL


responsible for personal information under its INFORMATION AND PRIVILEGED
control or custody, including information that INFORMATION
have been transferred to a third party for
processing, whether domestically or

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GR: The processing of sensitive personal natural or legal persons in court


information, as well as those considered proceedings, or the establishment, exercise
privileged, is prohibited by law. or defense of legal claims, or when
provided to government or public
XPNs: authority. (Sec. 13, R.A. 10173)

1. The data subject has given his or her Personal information controllers may
consent, specific to the purpose prior to the invoke the principle of privileged
processing, or in the case of privileged communication over privileged
information, all parties to the exchange information that they lawfully control or
have given their consent prior to process. Subject to existing laws and
processing; regulations, any evidence gathered on
privileged information is inadmissible. (Sec.
2. The processing of the same is provided for 15, R.A. 10173)
by existing laws and regulations, Provlded
That. SECURITY OF SENSITIVE PERSONAL
INFORMATION IN GOVERNMENT
a. Such regulatory enactments
guarantee the protection of the All sensitive personal information maintained
sensitive personal information and by the government. its agencies and
the privileged information instrumentalities shall be secured, as far as
b. The consent of the data subjects practicable, with the use of the most
are not required by law or appropriate standard recognized by the
regulation permitting the information and communications technology
processing of the sensitive industry, and as recommended by the
personal information or the commission.
privileged information;
The head of each government agenty or
3. The processing is necessary to protect the instrumentality shall be responsible for
life and health of the data subject or complying with the security requirements
another person, and the data subject is not mentioned in Section 23 of this Att while the
legally or physically able to express his or Commission shall monitor the compliance and
her consent prior to the processing; may recommend the necessary action in order
to satisfy the minimum standards. (Sec. 22, R.A.
4. The processing is necessary to achieve the 10173)
lawful and noncommercial objectives of
public organizations and their associations, Bem,icemenrs relarine tnaccess hx aeencx
Provided That: personnel to sensitive personal information

a. Such processing is only confined A. On-site and Online Access


and related to the bona fide
members of these organizations or GR: No employee of the government shall have
their associations access to sensitive personal information on
b. The sensitive personal information government property or through online
are not transferred to third parties facilities
c. Consent of the data subject was
obtained prior to processing; XPNs:

5. The processing is necessary for purposes of 1. As may be allowed through guidelines to be


medical treatment, is carried out by a issued by the Commission
medical practitioner or a medical treatment 2. The employee has received a security
institution, and an adequate level of clearance from the head of the source
protection of personal information is agency. (Sec. 23(a), R.A.10173)
ensured; or
B. Off-site Access
6. The processing concerns such personal
information as is necessary for the GR: Sensitive personal information maintained
protection of lawful rights and interests of by an agency may not be transported or

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accessed from a location off government Any freely given, specific, informed indication
property. of will, whereby the data subject agrees to the
collection and processing of personal
XPNs: information about and/or relating to him or
her. Consent shall be evidenced by written,
1. Unless otherwise proved in guidelines electronic or recorded means. It may also be
issued by the Commission; given on behalf of the data subjett by an agent
specifically authorized by the data subject to do
2. A request for such transportation or access so. (Sec. 3(b), R.A. 10173)
is submitted and approved by the head of
the agency in accordance with the following RIGHTS OF DATA SUBJECT
guidelines:
1. Be informed whether personal information
a. Deadline for Approval or Disapproval - pertaining to him or her shall be, are being
In the case of any request submitted to or have been processed;
the head of an agency, such head of the 2. Be furnished the infonnation indicated
agency shall approve or disapprove hereunder before the entry of his or her
within two (2) business days after the personal information into the processing
date of submission of the request. In system of the personal information
case there is no action by the head controller, or at the next practical
agency, then such request is opportunity:
considered disapproved;
b. Limitation to One thousand (1,000) a. Description of the personal information
Records - If a request is approved, the to be entered into the system;
head of the agency shall limit the b. Purposes for which they are being or
access to not more than one thousand are to be processed;
(1,000) records at a time; and c. Scope and method of the personal
c. Encryption - Any technology used to information processing;
store, transport or access sensitive d. The recipients or classes of recipients
personal information for purposes of to whom they are or may be disclosed;
o t f ·site access approved under this e. Methods utilized for automated access,
subsection shall be secured by the use if the same is allowed by the data
of the most secure encryption standard subject, and the extent to which such
recognized by the Commission. (Sec. access is authorized;
23(b), R.A. 10173) f. The identity and contact details of the
personal information controller or its
NOTE: In entering into any contract that may representative;
involve accessing or requmng sensitive g. The period for which the information
personal information from one thousand will be stored; and
(1,000) or more individuals, an agenty shall h. The existence of their rights, i.e., to
require a contractor and its employees to access, correction, as well as the right
register their personal information processing to lodge a complaint before the
system with the Commission in accordance Commission.
with this Act and to comply with the other
provisions of this Act including the immediately NOTE: Any information supplied or
preceding section, in the same manner as declaration made to the data subject on
agencies and government employees comply these matters shall not be amended
with such requirements. (Sec. 24, R.A. 10173) without prior notification of data subject:
Provided, That the notification under this
DATA SUBJECT right shall not apply should the personal
information be needed pursuant to a
Dara Suhiecr subpoena or when the collection and
processing are for obvious purposes,
An individual whose personal information is including when it is necessary for the
processed. (Sec. 3(c), R.A. 10173) performance of or in relation to a contract
or service or when necessary or desirable
Consent of the Data Subject in the context of an employer-employee
relationship, between the collector and the

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CRIMINAL LAW

data subject, or when the information is which they were collected. In this case, the
being collected and processed as a result of personal information controller may notify
legal obligation (Sec. 16(b), R.A. 10173). third parties who have previously received
suc:h processed personal information; and
3. Reasonable access to, upon demand, the
following: 6. Be indemnified for any damages sustained
due to suc:h inaccurate, incomplete,
a. Contents of his or her personal outdated, false, unlawfully obtained or
information that were processed; unauthorized use of personal information.
b. Sources from which personal (Section 16, R.A. 10173)
information were obtained;
c. Names and addresses of recipients of IcaosmiSsihilitv nfBiehts ofDara Suhiecr
the personal information;
d. Manner by which such data were The lawful heirs and assigns of the data subject
processed; may invoke the rights of the data subject for,
e. Reasons for the disclosure of the which he or she is an heir or assignee at any
personal information to recipients; time after the death of the data subject or when
f. Information on automated processes the data subject is incapacitated or incapable of
where the data will or likely to be exercising the rights as enumerated herein.
made as the sole basis for any (Section 17, R.A. 10173)
decision significantly affecting or will
affett the data subject; Right to Data Portability
g. Date when his or her personal
information concerning the data The data subject shall have the right, where
subject were last accessed and personal information is processed by electronic
modified; and means and in a structured and commonly used
h. The designation, or name or identity format, to obtain from the personal information
and address of the personal controller a copy of data undergoing processing
information controller. in an electronic or structured format. which is
commonly used and allows for further use by
4. Dispute the inaccuracy or error in the the data subjett. The Commission may specify
personal information and have the the
personal information controller correct it electronic format referred to above, as well as
immediately and accordingly, unless the the technical standards, modalities, and
request is vexatious or otherwise procedures for their transfer. (Sec. 18, R.A.
unreasonable. If the personal information 10173)
have been corrected, the personal
information controller shall ensure the Exception to the applicability of the rights of
accessibility of both the new and the the data suhiecr-
retracted information and the
simultaneous receipt of the new and the Sections 16 to 18 of this Att are not applicable:
retracted information by recipients
thereof: Provided, That the third parties 1. If the processed personal information are
who have previously received such used only for the needs of scientific and
processed personal information shall be statistical research and, on the basis of
informed of its inaccuracy and its such, no activities are carried out and no
rectification upon reasonable request of decisions are taken regarding the data
the data subject; subject. Provided:

5. Suspend, withdraw, or order the blocking, a. That the personal information


removal or destruction of his or her shall be held under strict
personal information from the personal confidentiality; and
information controller's filing system upon b. Shall be used only for the declared
discovery and substantial proof that the purpose.
personal information are incomplete,
outdated, false, unlawfully obtained, used 2. To processing of personal information
for unauthorized purposes or are no gathered for the purpose of investigations
longer necessary for the purposes for in relation to any criminal, administrative

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or tax liabilities of a data subject. (Sec. 19, with her, but the same was thwarted.
R.A.10173) Frustrated and incensed, Nestor set fire on
both the plastic partition of the room and
Honey's clothes in the cabinet. After
ANTI-ARSON LAW realizing what be did, Nestor attempted to
P.D.1613 p u t out the names, but it was too late. This
resulted in the burning of their home and
the neighboring houses. Nestor was
Simple arson is governed by P.O. 1613, while forthwith convicted of destructive arson.
destructive arson is governed by Article 320 of Was Nestor's conviction for the crime of
the RPC. destructive arson proper?

PUNISHABLE ACTS A: NO. The crime committed by Nestor is


simple arson penalized under Sec. 3, par. 2 of
P.D. 1613 as the properties burned by him are
Punishable acrs underPD 1613 specifically described as houses, contemplating
1. Burning or setting fire to the property of inhabited houses or dwellings under the
another; and aforesaid law. Simple Arson contemplates
2. Setting fire to his own property under crimes with less significant social, economic,
circumstances which expose to danger the political, and national security implications
life or property of another. (Sec. 1, P.D. than Destructive Arson. Destructive arson
1613) under Article 320 of the RPC, on the other hand,
contemplates the burning of buildings and
edifices. (People v. Soriano, C.R. No. 142S65, July
S'imolearson (2015RABJ 29, 2003)
When the property burned is:
Ciccumsraoces whifh shall c-0nstln1te as
1. Any building used as offices of the orimo focie evidence nfacsnn
government or any of its agencies;
2. Any inhabited house or dwelling; 1. If the fire started simultaneously in more
3. Any industrial establishment. shipyard, oil than one part of the building or
well or mine shaft, platform, or tunnel; establishment.
4. Any plantation, farm, pastureland, growing 2. If substantial amount of flammable
crop, grain field, orchard, bamboo grove, or substances or materials are stored within
forest; the building not of the offender nor for
5. Any rice mill, sugar mill, cane mill, or mill household use.
central; or 3. If gasoline, kerosene, or other flammable or
6. Any railway or bus station, airport, wharf, combustible substances or materials
or warehouse. (Sec. 3, P.D.1613) soaked therewith or containers thereof, or
any mechanical, electrical, chemical, or
Special aggravating circumstances under electronic contrivance designed to start a
fire or ashes or traces of any of the
PP 1613 foregoing are found in the ruins or
1. If committed with intent to gain. premises of the burned building or
2. If committed for the benefit of another. property.
3. If the offender is motivated by spite or 4. If the building or property is insured for
hatred towards the owner or occupant of substantially more than its actual value at
the property burned. the time of the issuance of the policy.
4. If committed by a syndicate.
a If during the lifetime of the
NOTE: If the foregoing circumstance(s) are corresponding fire insurance policy.
present, the penalty shall be imposed in its more than two fires have occurred in
maximum period. (Sec. 4, P.D.1613) the same or other premises owned or
under the control of the offender
Q: Nestor had an argument with his live-in and/or insured.
partner, Honey, concerning their son. b. If shortly before the fire, a substantial
During their heated discussion, Nestor portion of the effects insured and
intimated to Honey his desire to have sex stored in a building or property had

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CRIMINAL LAW

been withdrawn from the premises 2. To compel an aircraft of foreign registry to


except in the ordinary course of land in Philippine territory or to seize or
business. usurp the control thereof while it is within
the said territory. (Sec. 1, R.A. 6235)
5. If a demand for money or other valuable
consideration was made before the fire in Aaarovotinafiro,msconcesm nos l and
exchange for the desistance of the offender Z;.
or for the safety of the person or property
of the victim. (Sec. 6, P.O. 1613) a. When the offender has fired upon the
pilot, member of the crew, or
Q: What crime was perpetrated in cases passenger of the aircraft;
where b oth burning and death occur? b. When the offender has exploded or
attempted to explode any bomb or
A: It depends. In order to determine the crime explosive to destroy the aircraft; or
committed, the main objective of the malefactor c. Whenever the crime is accompanied by
must be ascertained: (a) if the main objective is murder, homicide, serious physical
the burning of the building or edifice, but death injuries or rape. (Sec. 2, R.A. 6235)
results by reason or on the occasion of arson,
the crime is simple arson, and the resulting 3. To ship, load, or carry in any passenger
homicide is absorbed; (b) if, on the other hand, aircraft operating as a public utility within
the main objective is to kill a particular person the Philippines, any explosive, flammable,
who may be in a building or edifice, when fire is corrosive or poisonous substance or
resorted to as the means to accomplish such material. (Sec. 3, R.A. 6235)
goal the crime committed is murder only;
lastly, (c) if the objective is, likewise, to kill a 4. By shipping, loading or carrying of any
particular person, and in fact the offender has explosive, flammable, corrosive or
already done so, but fire is resorted to as a poisonous substance or material in any
means to cover up the killing, then there are cargo aircraft operating as a public utility in
two separate and distinct crimes committed - the Philippines in a manner not in
homicide/murder and arson. (People v. accordance with the rules and regulations
Malngan, G.R. No.170470, September 26, 2006) of the Civil Aviation Authority of the
Philippines. (Sec. 4, R.A. 6235)
CONFISCATION OF OBJECT OF ARSON IN
FAVOR OF THE STATE Death QC inincx tn necsQns QC damaee rn
property resulting from a violation of the 3"'
GR: The building which is the object of arson, and 4tti aas
including the land on which it is situated, shall
be confiscated and escheated to the State. The person responsible therefore may be held
liable in accordance with the applicable
XPN: The owner can prove that he has no provisions of the Revised Penal Code. (Sec. 7,
participation in nor knowledge of such arson R.A. 6235)
despite the exercise of due diligence on his part.
(Sec. 8, P.O. 1613) Neressarx remlisites before the Anti­
Hijacking Law or R.A. 6235 may apply

ANTI-HIJACKING LAW 1. If it is a Philippine registered aircraft. it


llA.6235 must be in flight even if not within the
Philippine territory.
2. If it is a foreign registered aircraft and the
PUNISHABLE ACTS offender seizes or usurps the control
thereof, it is required that the aircraft must
1. To compel a change in the course or be within Philippine territory.
destination of an aircraft of Philippine 3. If the offender compels the foreign
registry, or to seize or usurp the control registered aircraft to land in any Philippine
thereof, while it is in flight_ (Sec. 1, R.A. territory, the offender may also be held
6235) (2013 BAR) liable even if the aircraft is outside the
Philippine territory.

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NOTE: A crime committed while in a Philippine Middle East, the offenders were subdued
registered airship is an exception to the and the aircraft landed. What crime was
principle of territoriality under the RPC. committed?

When an aircraft is considered in Oight A: Grave coercion. Considering that the


stewardess was still waiting for the passenger
An aircraft is in flight from the moment all its manifest, the doors were still open. The aircraft
external doors are closed following was not yet in flight.
embarkation until any of such doors is opened
for disembarkation. (Sec. 1, R.A. 6235) Hence, the Anti-Hijacking Law is not applicable.
Instead, the Revised Penal Code shall govern.
Q: If the offender seized the control of a The crime committed was grave coercion as the
Philippine-registered aircraft but it is not in pilot was ordered to immediately fly the
flight, will the Anti-Hijacking Law apply? aircraft by the use of threat.

A: NO. The Anti-Hijacking Law will not apply. Q: In the course of the hi-jack of an aircraft
Under Sec. 1 of R.A. 6235, "it shall be unlawful of Philippine registry in flight, a passenger
for any person to compel a change in the course or complement was shot and killed. What
or destination of an aircraft of Philippine crime or crimes were committed?
registry, or to seize or usurp the control
thereof, while it is in flight." Since the aircraft is A: The crime is a violation of the Anti Hi­
not in flight, the Jaw will not apply. Jacking Law. However, the penalty imposable
shall be higher because the crime is
Q: The pilots of the ABC aircraft, which is an accompanied by murder or homicide, a
aircraft of foreign registry, were accosted by qualifying circumstance. (Sec. 2, R.A. 6235)
some armed men and were told to proceed
to the aircraft to Oy it to a foreign Q: The hi-jackers of an aircraft of Philippine
destination. registry threatened to detonate a bomb in
the course of the bi-jack. What crime or
The armed men walked with the pilots and crimes were committed?
went on board the aircraft But before they
could do anything on the aircraft, alert A: The crime is a violation of the Anti Hi­
marshals arrested them. What crime was Jacking Law. There is no separate and distinct
committed? crime of grave threat committed. This is
considered as a qualifying circumstance that
A: Violation of Anti-Hijacking Law. The Anti· shall serve to increase the penalty. (Sec. 2, R.A.
Hijacking Law is applicable in this case. The 6235)
requirement that the aircraft be in flight does
not hold true when it comes to an aircraft of
foreign registry. Under the law, simply usurping ANTI-PIRACY AND
or seizing control of the aircraft is enough. ANTI-HIGHWAY ROBBERY
provided that the aircraft is within Philippine P.O. 532 (2001 BAR)
territory. This is because aircraft of foreign
registry are considered in transit while they are
in foreign countries. (Sec. 1, R.A. 6235).

NOTE: The Anti-Hijacking Law is a special Jaw Any vessel or watercraft used for transport of
where the attempted stage is not punishable. passengers and cargo from one place to another
through Philippine waters. It shall include all
Q: While the stewardess of a Philippine Air kinds and types of vessels or boats used in
Lines plane bound for Cebu was waiting for fishing. (Sec. 2 (b), P.D. 532)
the passenger manifest, two of the PAL
passengers seated near the pilot Philiooioe ware rs
surreptitiously entered the pilot cockpit
All bodies of water, such as but not limited to
At gunpoint, they directed the pilot to Oy the seas, gulfs, bays around, between and
aircraft to the Middle EasL However, before connecting each of the Islands of the Philippine
the pilot could Dy the aircraft towards the Archipelago, irrespettive of its depth, breadth,

UNIVERSITY OF SANTO TOMAS


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CRIMINAL LAW

length or dimension, and all other waters 4. Qualified Highway Robbery/Brigandage ·


belonging to the Philippines by historic or legal when any of the following crimes is
title, including territorial sea, sea-bed, the committed as a result or on the occasion of
insular shelves, and other submarine areas over Highway Robbery/Brigandage:
which the Philippines has sovereignty or
jurisdiction. (Sec. 2 (a), P.D. 532) a. Physical injuries or other crimes; or
b. Kidnap for ransom, extortion, murder,
Philiooine Hiehwav homicide, or rape. (Sec. 3 (b), P.D. 532)

It shall refer to any road, street, passage, 5. Aiding ar protecting pirates or highway
highway and bridges or other parts thereof, or robbers/brigands in any of the following
railway or railroad within the Philippines used manner shall be considered accomplice of
by persons, or vehicles, or locomotives, or the principal offenders and be punished in
trains for the movement or circulation of accordance with the Rules prescribed by
persons or transportation of goods, articles, or the RPC:
property, or both. (Sec. 2 (c), P.D. 532) a. Giving them information about the
movement of the police or other peace
NOTE: A river is considered part of Philippine officers of the government:
waters. (People v. Dela Pena, G.R. No. 219581, b. Acquiring or receiving property taken
January 31, 2018) by such pirates or brigands or in any
manner derives any benefit therefrom:
PUNISHABLE ACTS or
c. Directly or indirectly abetting the
1. Piracy · Any attack upon or seizure of any comm1ss1on of piracy or highway
vessel, or the taking away of the whole or robbery or brigandage. (Sec. 4, P.D.
part thereof or its cargo, equipment. or the 532)
personal belongings of its complement or
passengers, irrespective of the value NOTE: It shall be presumed that any person
thereof, by means of violence against or who does any of the abovementioned acts has
intimidation of persons or force upon performed them knowingly unless the contrary
things committed by any person, including is proven. (Sec. 4, P.D. 532)
a passenger or member of the complement
of said vessel, in Philippine waters. (Sec. 2 Elements nfhiehwax rnhhecxunderPP 532
(d), P.D. 532)
1. That there is unlawful taking of property of
2. Qualified Piracy- When any of the following another;
crimes is committed as a result or on the 2. That said taking is with intent to gain;
occasion of piracy: 3. That said taking i s done with violence
against or intimidation of persons or force
a. Physical injuries or other crimes; upon things or other unlawful means; and
b. Rape, murder or homicide; 4. That it was committed on any Philippine
c. Offender abandoned the victims highway.
without means of saving themselves; or
d. When the seizure is accompanied by NOTE: To sustain a conviction for highway
firing upon or boarding a vessel (Sec. 3 robbery, the prosecution must prove that the
(a), P.D. 532). accused were organized for the purpose of
committing robbery indiscriminately. If the
3. Highway robbery/brigandage • The seizure purpose is only a particular robbery, the crime
of any person for ransom, extortion or is only robbery, or robbery in band if there are
other unlawful purposes, or the taking at least four armed men. (People v. Mendoza,
away of the property of another by means G.R. No. 104461, February 23, 1996; Filoteo, Jr. v.
of violence against, or intimidation of Sandiganbayan, G.R. Na. 79543, October 16,
persons or force upon things or other 1996)
unlawful means, committed by any person
on any Philippine Highways. (Sec. 2 (e), P.D.
532)

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Picacx underPP 532 vis-a-v;s Piracyunder Any t w o -wheeled motor vehicle having one (1)
Art 122 viS-A-visBnhhfrv or two (2) riding saddles. (Sec. 3 (a), R.A. 10666)

PIRACY
PIRACY Pnhlif rnads
Art 122, ROBBERY
p.D. 532
RPC Roads designed by the national government or
Committed by Committed Committed local government units as roads for public use
strangers, or by persons by the such as, but not limited to, national highways,
by the who are not members of provincial roads, city, municipal, and barangay
members of members of the vessel's streets. (Sec. 3 (b), R.A.10666)
the vessel's the vessel's complement
complement. complement, or passengers Font nee
or passengers nor by of the vessel
of the vessel in passengers of in the high Flat form attached to the motorcycles on which
Philippine the vessel, in seas to stand or brace the feet. (Sec. 3 (c), R.A 10666)
waters the high seas
or in .!ll!!.£.!:
Philippine
waters Driver of a motort-ycle. (Sec. 3 (d), R.A. 10666)

Highway Robbery vis-a-vis Brigandage Elements


1. He drove a two-wheeled motorcycle;
HIGHWAY 2. He drove with a child on board;
ROBBERY/ BRIGANDAGE 3. He drove on public roads where:
BRIGANDAGE Art. 306, RPC
P.D. 532 a. there is heavy volume of vehicles;
It refers to the It refers to the b. there is a high density of fast moving
seizure of any person formation of a band vehicles; OR
for ransom, extortion of robbers by more c. a speed limit of more than 60/kph is
or for any other than three armed imposed.
lawful purpose, or persons for the
the taking away of purpose of 4. There is an ABSENCE of ANY of the following
the property of committing robbery circumstances:
another by means of in the highway,
violence against or kidnapping for the a. The child passenger can comfortably
intimidation of purpose of extortion reach his/her feet on the standard foot
persons or force or ransom, or for any peg of the motorcycle;
upon things or other other purpose to be b. The child's arms can reach around and
unlawful means attained by force and grasp the waist of the motorcycle rider;
committed by any violence AND
person on any c. The child is wearing a standard
Philinnine hiehwav protective helmet. (Sec. 4, R.A.10666)
Denotes the actual The mere forming of
commission of the a band, which NOTE: Concurrence of all the
robbery on the requires at least four circumstances would exempt the rider
highway and can be armed persons, if for from criminal liability under the Act.
committed by one any of the criminal
person alone purposes stated in EXCEPTION
Article 306, gives rise
to brieandaee The prohibition shall not apply to cases where
the child to be transported requires immediate
medical attention. (Sec. 5, R.A. 10666)
CHILDREN'S SAFETY ON MOTORCYCLES ACT
RA.10666 NOTE: Even if the aforementioned
circumstances are not complied with, when the
child being transported requires immediate
Motorcycle

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CRIMINAL LAW

medical attention, the prohibition shall not be In case of doubt, the interpretation of any of the
applied. prov1s1ons of this Act, including its
implementing rules and regulations (IRRs),
QUALIFYING CIRCUMSTANCE shall be construed liberally in favor of the child
in conflict with the law. (Sec. 3, R.A. 9344)
If, in violation of the prohibition, death shall
have resulted or serious or less serious MINIMUM AGE OF CRIMINAL
injuries shall have been inflicted upon the child RESPONSIBILITY AND TREATMENT OF
or any other person, a penalty of one (1) year CHILD BELOW AGE OF RESPONSIBILITY
imprisonment shall be imposed upon the
motorcycle rider or operator of the motorcycle AGE CRIMINAL
involved. (Sec. 8, R.A. 10666) TREATMENT
BRACKET LIABILITY
15 years old Exempt The child shall be
NOTE: The imposition of the penalty is without or below subjected to an
prejudice to the penalties provided under The intervention
Revised Penal Code, as amended. (Sec. 8, R.A. program.
10666)
Above 15 Exempt The child shall be
AUTHORITY GRANTED TO THE LTO but below subjected to an
18, who intervention
1. To increase or adjust the amounts of fines acted program.
herein imposed, provided, thot: wlthout
discernment
a. The increase or adjustment is
made after public consultation
Above 15 Not Such child shall be
once every three (3) years from
but below exempt subjected to the
the effectivity of this Act and in the 18, who appropriate
amount not exceeding twenty
acted with proceedings in
percent (20%) of the amounts
discernment accordance with
sought to be increased or adjusted; R.A 9344.
b. A thorough study has been
conducted indicating that the
NOTE: The exemption from criminal liability in
existing amounts are no longer an
the cases specified above does not include
effective deterrent;
exemption from civil liability, which shall be
c. Current relevant economic indices,
enforced in accordance with existing laws.
such as the Consumer Price Index
(CPI), have been considered in the
determination of the increase or Neeleaed child
adjustment; and
A child who is above twelve (12) years of age
d. The increases or adjustment shall up to fifteen (15) years of age and who commits
only become effective fifteen (15)
parricide, murder, infanticide, kidnapping, and
days after its publication in two (2)
serious illegal detention where the victim is
newspapers of general circulation.
killed or raped, robbery, with homicide or rape,
(Sec. 7, R.A. 10666)
destructive arson, rape, or carnapping where
2. To deputize members of the Philippine the driver or occupant is killed or raped or
National Police (PNP), the Metropolitan offenses under R.A. 9165 (Comprehensive
Manila Development Authority (MMDA) Dangerous Drugs Act of 2002) punishable by
and the LGUs to carry out enforcement more than twelve (12) years of imprisonment.
functions and duties. (Sec. 9, R.A. 10666) shall be deemed a neglected child under
Presidential Decree No. 603, as amended, and
shall be mandatorily placed in a special facility
within the youth care faculty or 'Bahoy Pag-osa'
JUVENILE JUSTICE AND WELFARE ACT
called the Intensive Juvenile Intervention and
RA. 9344, AS AMENDED BY R.A. 10630
Support Center (IJISC). (Sec. 20-A, R.A.10630)
IN RELATION TO P.D. 603
A child who is above twelve (12) years of age
up to fifteen (15) years of age and who commits
Liberal Construction of the Rules an offense for the second time or

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SPECIAL PENAL LAWS

oftener: Provided, That the child was previously The parents shall be liable for damages unless
subjected to a community-based intervention they prove, to the satisfaction of the court, that
program, shall be deemed a neglected child they were exercising reasonable supervision
under Presidential Decree No. 603, as amended, over the child at the time the child committed
and shall undergo an intensive intervention the offense and exerted reasonable effort and
program supervised by the local social welfare utmost diligence to prevent or discourage the
and development officer: Provided, further, that, child from committing another offense. (Sec. 20·
if the best interest of the child requires that D, R.A 10630)
he/she be placed in a youth care facility or
'Bahay Pag-asa', the child's parents or Diversion Program
guardians shall execute a written authorization
for the voluntary commitment of the The program that the child in conHict with the
child: Provided, finolly, that if the child has no law is required to undergo after he/she is found
parents or guardians or if they refuse or fail to responsible for an offense without resorting to
execute the written authorization for voluntary formal court proceedings (Sec. 4(j), R.A 9344).
commitment. the proper petition for It is subject to the following conditions:
involuntary commitment shall be immediately
filed by the DSWD or the LSWDO pursuant to 1. Where the imposable penalty for the crime
P.O. 603, as amended. (Sec. 20-8, R.A 10630) committed is not more than six (6) years of
imprisonment. the law enforcement officer
EXPLOITATION OF CHILDREN FOR or Punong Barangay with the assistance of
COMMISSION OF CRIMES the local social welfare and development
officer or other members of the LCPC shall
Any person who, in the commission of a crime. conduct mediation, family conferencing,
makes use, takes advantage of, or profits from and conciliation;
the use of children, including any person who 2. In victimless crimes where the imposable
abuses his/her authority over the child or who, penalty is not more than six (6) years of
with abuse of confidence, takes advantage of imprisonment, the locaJ social welfare and
the vulnerabilities of the child and shall induce, development officer shall meet with the
threaten, or instigate the commission of the child and his/her parents or guardians for
crime, shall be imposed the penalty prescribed the development of the appropriate
by law for the crime committed in its maximum diversion and rehabilitation program; and
period. (Sec. 20-C, R.A 10630) 3. Where the imposable penalty for the crime
committed exceeds six (6) years of
JOINT PARENTAL RESPONSIBILITY imprisonment, diversion measures may be
resorted to only by the court.
The court may require the parents of a child in
conflict with the law to undergo counseling or I ntervention
any other intervention that. in the opinion of
the court, would advance the welfare and best A series of activities which are designed to
interest of the child based on the address issues that caused the child to commit
recommendation of the multi-disciplinary team an offense. It may take the form of an
of the IJISC, the LSWDO or the DSWD. A court individualized treatment program which may
exercising jurisdiction over a child in conflict include counseling, skills training, education,
with the law may require the attendance of one and other activities that will enhance his/ her
or both parents of the child at the place where psychological, emotional, and psycho-social
the proceedings are to be conducted. (Sec. 20-D, well-being. (Sec. 4(Q, R.A. 9344)
R.A. 10630)
NOTE: An intervention program covering at
NOTE: "Parents" shall mean any of the least a 3-year period shall be instituted in LGUs
following: from the barangay to the provincial level.

1. Biological parents of the child; or


2. Adoptive parents of the child; or AUTOMATIC SUSPENSION OF SENTENCE
3. Individuals who have custody of the 2013 BAR)
child. (Sec. 20-D, R.A 10630)
Once the child who is under 18 years of age at
the time of the commission of the offense is

UNIVERSITY OF SANTO TOMAS


451 �
FACULTY OF CIVIL LAW
CRIMINAL LAW

found guilty of the offense charged, the court Nevertheless, the accused may be made to
shall determine and ascertain any civil liability serve his sentence, in lieu of confinement in a
which may have resulted from the offense regular penal institution, in an agricultural
committed. However, instead of pronouncing camp and other training facilities that may be
the judgment of conviction, the court shall place established, maintained, supervised, and
the child in conflict with the law under controlled by the BUCOR, in coordination with
suspended sentence, without need of the OSWD as provided by Sec. 51. (People v.
application: Prov;ded, however, that suspension Montolobo, G.R. No. 186227, July 20, 2011
of sentence shall still be applied even if the reiterating People v. Sorcia)
juvenile is already eighteen years (18) of age or
more at the time of the pronouncement of RIGHTS OF CHILDREN IN
his/her guilt. (Sec. 38, R.A. 9344) CONFLICT WITH THE LAW

Aoolifatlnn nfSusnensinn ofSentence Every child in conflict with the law shall have
the following rights, including but not limited
The benefits of the suspended sentence shall to:
not apply to a child in conflict with the law who
has once enjoyed suspension of sentence, but 1. The right not to be subjected to torture or
shall nonetheless apply to one who is convicted other cruel, inhuman, or degrading
of an offense punishable by reclusion perpetua treatment or punishment:
or life imprisonment pursuant to the provisions 2. The right not to be imposed a sentence of
of Rep. Act No. 9346 prohibiting the imposition capital punishment or life imprisonment,
of the death penalty and in lieu thereof, without the possibility of release;
reclusion perpetua, and after application of the 3. The right not to be deprived, unlawfully
privileged mitigating circumstance of minority. or arbitrarily, of his/her liberty; detention
(A.M. No. 02·1-lB·SC, November 24, 2009) or imprisonment being a disposition of
last resort, and which shall be for the
NOTE: If the child in conflict with the law shortest appropriate period of time;
reaches eighteen (18) years of age while under 4. The right to be treated with humanity and
suspended sentence, the court shall determine respett, for the inherent dignity of the
whether to discharge the child in accordance person, and in a manner which takes into
with the provisions of R.A. 9344, or to extend account the needs of a person of his/her
the suspended sentence for a maximum period age. In particular, a child deprived of
of up to the time the child reaches twenty-one liberty shall be separated from adult
(21) years of age, or to order service of offenders at all times. No child shall be
sentence. (A.M. No. 02-1-18-SC, November 24, detained together with adult offenders.
2009) He/She shall be conveyed separately to or
from court. He/She shall await hearing of
No susoension of sentence when the aca,sed his/her own case in a separate holding
wasa minor durine the commission of the area. A child in conflict with the law shall
crime and is already beyond the age of 21 have the right to maintain contact with
xeacs aid at the time of ornnmrncement of his/her family through correspondence
his enilt and visits, save in exceptional
circumstances;
While Sec. 38 of R.A. No. 9344 provides that 5. The right to prompt access to legal and
suspension of sentence can still be applied even other appropriate assistance, as well as
if the child in conflict with the law is already the right to challenge the legality of the
eighteen (18) years of age or more at the time deprivation of his/her liberty before a
of the pronouncement of his/her guilt, Section court or other competent, independent,
40 o f the same law limits the said suspension of and impartial authority, and to a prompt
sentence until the child reaches the maximum decision on such action;
age of 21. Hence, the accused, who is now 6. The right to bail and recognizance, in
beyond the age of twenty-one (21) years can no appropriate cases;
longer avail of the provisions of Sections 38 and 7. The right to testify as a witness in his/her
40 of R.A. 9344 as to his suspension of own behalf under the rule on examination
sentence, because such is already moot and of a child witness;
academic.

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SPECIAL PENAL LAWS

8. The right to have his/her privacy 1. Status offenses- Any conduct not
respetted fully at all stages of the considered an offense or not penalized if
proceedings; committed by an adult shall not be
9. The right to diversion if he/she is considered an offense and shall not be
qualified and voluntarily avails of the punished if committed by a child. (Sec. 57,
same; R.A. 9344)
10. The right to be imposed a judgment in
proportion to the gravity of the offense Example: Curfews for minors
where his/her best interest, the rights of
the victim and the needs of society are all 2. Offenses not applicable to children-Persons
taken into consideration by the court, below eighteen (18) years of age shall be
under the principle of restorative justice; exempt from prosecution for the crime of:
11. The right to have restrictions on his/her
personal liberty limited to the minimum, a. Vagrancy and prostitution under Sec.
and where discretion is given by law to 202 ofRPC
the judge to determine whether to impose
fine or imprisonment, the imposition of NOTE: Under R.A. 10158, Vagrancy has
fine being preferred as the more been decriminalized but prostitution is
appropriate penalty; still a crime. It was excluded from
12. In general, the right to automatic decriminalization underR.A. 10158.
suspension of sentence;
13. The right to probation as an alternative to b. Sniffing of rugby under P.O. 1619
imprisonment. if qualified under the c. Mendicancy (P.O. 1536; Sec. 58, R.A.
Probation Law; 9344)
14. The right to be free from liability for
perjury. concealment, or 3. Exemption from the application of death
misrepresentation; and penalty (Sec. 59, R.A. 9344)
15. Other rights as provided for under
existing laws, rules and regulations. (Sec. NOTE: R.A 9346 prohibits the imposition
5, R.A 9344) of the death penalty in the Philippines.

DETERMINATION OF AGE PUNISHABLE ACTS

NOTE: The child in conHict with the law shall The following and any other similar acts shall
enjoy the presumption of minority. be considered prejudicial and detrimental to
the psychological, emotional, social, spiritual,
HowaeeiSderewined moral, and physical health and well-being of the
child in conflict with the law and therefore
1. Birth certificate; prohibited:
2. Baptismal certificate; and
3. Any other pertinent documents. 1. Employment of threats of whatever kind
and nature;
NOTE: In the absence of these documents, age 2. Employment of abusive, coercive, and
may be based on information from the child punitive measures such as cursing. beating,
himself/herself, testimonies of other persons, stripping. and solitary confinement;
the physical appearance of the child, and other 3. Employment of degrading, inhuman, and
relevant evidence. cruel fonns of punishment such as shaving
the heads, pouring irritating, corrosive, or
In case of doubt as to the age of the child, it harmful substances over the body of the
shall be resolved in his/her favor. child in conflitt with the law, or forcing
him/her to walk around the community
EXEMPTION FROM CRIMINAL LIABILITY: wearing signs which embarrass, humiliate,
STATUS OFFENSES AND OFFENSES NOT and degrade his/her personality and
APPLICABLE TO CHILDREN dignity; and
4. Compelling the child to perform
Exemntine nrovisioosunder thisacr involuntary servitude in any and all forms
under any and all instances. (Sec. 61, R.A
9344)

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453 �
FACULTY OF CIVIL LAW
CRIMINAL LAW

Prohibited actS of competent authorities title to the goods on which the lien is to be
uoderBA 9344 constituted, and not having possession over the
same since possession thereof remains in the
In the conduct of the proceedings beginning borrower, lends him money to the borrower on
from the initial contatt with the child, the security of the goods which borrowe is
competent authorities must: privileged to sell, clear of the lien, and with an
agreement to pay all or part of the sale
1. Refrain from branding or labeling children proceeds to the lender. (Metropolitan Bonk v.
as young criminals, juvenile delinquents, Go, C.R. No. 1S5647, November 23, 2007)
prostitutes, or attaching to them in any
manner any other derogatory names; and Uahilitv nfenrn,sree in case oflnss
2. Make no discriminatory remarks
particularly with respect to the child's class The risk of loss shall be borne by the entrustee.
or ethnic origin. (Sec. 60, R.A. 9344) Loss of goods, documents, or instruments
which are the subject of a trust receipt. pending
their disposition, irrespective of whether or not
TRUST RECEIPTS LAW it was due to the fault or negligence of the
P.D.115 entrustee, shall not extinguish his obligation to
the entruster for the value thereof. (Sec. 10, P.O.
llS)
In,st Beceiat CIBl transarnon ELEMENTS OF ESTAFA IN TRUST RECEIPT
It is any transaction between the entruster and
entrustee: In order that the entrustee may be validly
prosecuted for estafa under Art. 315, paragraph
1. Whereby the entruster who owns or holds l(b) of the RPC, in relation with Sec. 13 of P.D.
title or security interests over certain 115, the following elements must be
specified goods, documents, or instrument established
(GDI), releases the same to the possession (R-MAD):
of entrustee upon the latter's execution and
delivery of a TR. 1. The entrustee .Received the subject goods
2. In the TR, the entrustee binds himself to in trust or under the obligation to sell the
hold the GD/ in trust for the entruster and, same and to remit the proceeds thereof to
in case of default: the entruster, or to return the goods if not
sold;
a. To sell or otherwise dispose such GD/ 2. The entrustee ,Misappropriated or
with the obligation to turn over to the converted the goods and/or the proceeds
entruster the proceeds to the extent of of the sale;
the amount owing to it; or 3. The entrustee performed such acts with
b. To turn over the GD/ itself if not sold or 4,buse of confidence to the damage and
otherwise disposed of in accordance prejudice of the entruster; and
with the terms and conditions specified 4. A .D,emand was made on the entrustee by
in the TR. the entruster for the remittance of the
proceeds or the return of the unsold goods.
In,stBereiat CTBl (Land Bank of the Philippines v. Perez, GR
No.166884,June 13, 2012)
A TR is a commercial document whereby the
bank releases the goods in the possession of the NOTE: If proof as regards the delivery of GDI to
entrustee but retains ownership thereof while the accused (entrustee) is insufficient. estafo
the entrustee shall sell the goods and apply the cannot lie. (Romos v. CA, C.R. No. L-39922-25,
proceeds for the full payment of his liability August 21, 1987)
with the bank. It is a security arragement to
which a bank acquires ownership of the Compliance with the obligation under the
imported personal property. (Garcia v. CA, C.R. Trust Receipt ag·reement vis-3-vis criminal
No. 119845, July S, 1996) liahilitv

It is a document which expresses a security 1. If compliance occurred before the criminal


transac.tion where the lender, having no prior charge, there is no criminal liability.

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SPECIAL PENAL LAWS

2. If compliance occurred after the charge involved sales. (Ng v. People, C.R. No. 173905,
even before conviction, the criminal action April 23, 2010)
will not be extinguished.
In another case, it was held that when both
P.O. 115 does not violate the prohibition in parties enter into an agreement knowing that
the Constih1tlon aeainst imorisonment for the return of the goods subject of the trust
non-oaxment ofa debt receipt is not possible even without any fault on
the part of the entrustee, it is not a trust receipt
What is being punished is the dishonesty and transaction penalized under Section 13 of P.D.
abuse of confidence in the handling of money or 115; the only obligation actually agreed upon
goods to the prejudice of another regardless of by the parties would be the return of the
whether the latter is the owner or not. It does proceeds of the sale transaction. The
not seek to enforce payment of the loan. Thus, transaction becomes a mere loan, where the
there can be no violation of a right against borrower is obligated to pay the bank the
imprisonment for non-payment of a debt. amount spent for the purchase of the goods.
(People v. Hon. Nita/on, C.R. No. 81559, April 6, (LBP v. Perez, C.R. No. 166884,June 13, 2012)
1992)
PENAL SANCTION WHEN THE OFFENDER IS
Q: Is lack of intent to defraud a bar to the A CORPORATION
prosecution of these acts or omissions?
(BAR 2006) Though the entrustee is a corporation,
nevertheless, the Jaw specifically makes the
A: NO. The mere failure to account or return officers, employees or other officers, or persons
gives rise to the crime which is ma/um responsible for the offense, without prejudice
prohib;tum. There is no requirement to prove to the civil liabilities of such corporation and/or
intent to defraud. (Ching v. Secretary ofJustice, board of direc.tors, officers, or other officials or
C.R. No. 164317, February 6, 2006) employees responsible for the offense.

Penal sanrnon iS not available if the roods If the crime is committed by a corporation or
ace not intended fnr sale or resale other juridical entity. the directors, officers,
employees or other officers thereof responsible
To be a TR transaction, the goods must be for the offense shall be charged and penalized
intended for sale or resale. The Supreme Court, for the crime, precisely because of the nature of
in one case, held that the trial court erred in the crime and the penalty therefor. A
ruling that the agreement in the case was a TR corporation cannot be arrested and
transaction because the goods involved were imprisoned; hence, cannot be penalized for a
intended to be used in the fabrication of steel crime punishable by imprisonment. (Chin_q v.
communication towers. Secretory ofJustice, C.R. No. 164317, February 6,
2006)
The Court further ruled that, "the true nature of
a trust receipt transaction can be found in the Rationale behind the accountability of the
'whereas' clause of P.D. 115 which states that a officers of the corporation
trust receipt is to be utilized 'as a convenient
business device to assist importers and Such officers or employees are vested with the
merchants solve their financing authority and responsibility to devise means
problems.' Obviously, the State, in enacting the necessary to ensure compliance with the law
law, sought to find a way to assist importers and, if they fail to do so, are held criminally
and merchants in their financing in order to accountable; thus, they have a responsible
encourage commerce in the Philippines." share in the violations of the Jaw.

The principle is, of course, not limited in its NOTE: An officer of a corporation who signed a
application to financing importations, since the TR cannot hide behind the cloak of the separate
principle is equally applicable to domestic corporate personality of the corporation, where
transactions. Regardless of whether the "he is the actual, present, and efficient actor."
transaction is foreign or domestic. it is Corporate officers or employees, through
important to note that the transactions whose ac.t, default, or omission the corporation
discussed in relation to trust receipts mainly commits a crime, are individually guilty of the
crime. The principle applies whether or not the

UNIVERSITY OF SANTO TOMAS


455 �
FACULTY OF CIVIL LAW
CRIMINAL LAW

crime requires the consciousness of 3. No person having been baptized with a


wrongdoing. (Ching v. Secretary afjustice, ibid) name different from that with which he
was registered at birth in the local civil
registry, or in case of an alien, registered in
the bureau of immigration upon entry, or
ANTI-ALIAS LAW any person who obtained judicial authority
CA. 142, AS AMENDED to use an alias, or who uses a pseudonym
shall:

GR: No person shall use any name different a. Represent himself in any public or
from the one with which he was registered at private transaction; or
birth in the office of the local civil registry, or b. Sign or execute any public or private
with which he was baptized for the first time, document without stating or affixing
or, in case of an alien, with which he was his real or original name and all names
registered in the bureau of immigration upon or aliases or pseudonym he is or may
entry. or such substitute name as may have have been authorized to use (Sec. 3, C.A.
been authorized by a competent court. 142 as amended by R.A. 6085).

NOTE: The name shall comprise the 4. All persons who have used any name
patronymic name and one or two surnames. and/or names and alias or aliases different
from those authorized in Sec. 1 and duly
XPN: A pseudonym solely for literary, cinema, recorded in the local civil registry, shall be
television, radio, or other entertainment prohibited to use such other name or
purposes and in athletic events where the use names and/or alias or aliases. (Sec. 4, C.A.
of pseudonym is a normally accepted practice. 142 os amended by R.A. 6085)
(Sec. 1, C.A 142 as amended by R.A. 6085)

PROCESS

I. Any person desiring to use an alias shall


apply for authority therefor in proceedings
like those legally provided to obtain judicial
authority for a change of name.
2. The petition for an alias shall set forth the
person's baptismal and family name and
the name recorded in the civil registry, if
different, his immigrant's name, if an alien,
and his pseudonym, if he has such names
other than his original or real name,
specifying the reason or reasons for the use
of the desired alias.
3. The judicial authority for the use of alias
the Christian name and the alien
immigrant'sname shall be recorded in the
proper local civil registry. (Sec. 2, C.A. 142
as omended by R.A. 6085)

PROHIBITIONS
1. No person shall be allowed to secure such
judicial authority for more than one alias
(Sec. 2, C.A. 142 os omended by R.A. 6085).
2. No person shall use any name or names
other than his original or real name unless
the same is or are duly recorded in the
proper local civil registry. (Sec. 2, C.A. 142
as omended by R.A. 6085)

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