Criminal Law Book 2
Criminal Law Book 2
Criminal Law Book 2
Summary of Titles
1 Crimes Against the Against National Security and Laws Page 1
of Nations
2 Crimes Against The Fundamental Laws of the State Page 17
3 Crimes Against Public Order Page 29
4 Crimes Against Public Interest Page 38
5 Crimes Relative To Opium and Prohibited Drugs Page 45
6 Crimes Against Public Morals Page 54
7 Crimes Committed By Public Officers Page 56
8 Crimes Against Persons Page 69
9 Crimes Against Personal Liberty and Security Page 82
10 Crimes Against Property Page 100
11 Crimes Against Chastity Page 147
12 Crimes Against Civil Status of Persons Page 163
13 Crimes Against Honor Page 167
14 Quasi Offenses Page 175
15 Final Provisions Page 178
Elements:
1. The offender owes allegiance to the Government of the
Philippines;
2. There is a war in which the Philippines is involved;
3. The offender either:
a. Levies war against the Government; or
b. Adheres to the enemies, giving them aid or comfort.
TWO-WITNESS RULE
Under Art.114 of the RPC, no person shall be convicted of
treason except upon the testimony of at least 2 witnesses by the
same overt act or upon his confession in open court. The 2-witness
Example:
Supposing during the World War, A had cooperated with the
Enemy soldiers and A was seen by it in the company of such soldiers
burning a certain barrio. A is again seen by C in the company of the
same enemy soldiers burning again another barrio. Under these sets
of facts, if B and C would testify of what they have respectively
witnessed, may A be convicted of treason?
Answer:
No, it is not only the number of witnesses or the substance but
at least 2 witnesses should testify on the same overt act, commission
of the same treasonous act at the same place and at almost the
same time. It is not enough that there be witnesses. It is necessary
that the 2 witnesses have testified to the same overt act.
POINTS TO CONSIDER:
The co-conspirators or those persons involved in the proposal
will be criminally liable to that extent only as long as none among
them has committed treasonous acts.
Elements:
1. There is war in which the Philippines is not involved;
2. Competent authorities have issued regulations to enforce
neutrality; and
3. The offender violates any of said regulations.
Neutrality, defined- a nation which does not take part in the contest
of arms (war) among other nations is practicing neutrality.
There must be a war going on, but the Philippines is not a part
of the war. It cannot be committed as a crime if the government has
not promulgated rules and regulations for the observance of
neutrality. It is the violation of such rules that brings about the crime
of violation of neutrality.
ELEMENTS OF PIRACY
1. A vessel is on the high seas or in Philippine waters;
2. The offenders are not members of its complement or
passengers of the vessel;
3. The offenders either: a. attack or seize that vessel or b.
seize the whole or part of the cargo of said vessel, its
equipment or personal belongings of its complement or
passengers
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MUTINY
If any of the acts described in Art. 122 and 123 are committed
in Philippine waters, the same shall be considered as piracy under
PD 532.
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Example:
If in the course of the voyage of an inter-island vessel, a
passenger at the point of a knife divested another passenger of his
valuables, the former will be liable for piracy in Philippine waters, not
for robbery.
Under the decree, when these acts are committed the crime
is ABETTING PIRACY. These persons who participate by any of
the acts mentioned above will be charged not for the crime of
piracy but for a crime of abetting piracy under PD 532.
On the other hand, if the piracy falls under the RPC because it
was committed in the high seas, persons who participated in the loot
of the piracy or who harbor or conceal or help the pirates escape will
be accessories to the crime of piracy. The crime committed by them is
not abetting piracy but piracy itself.
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NOTE: Under the RPC, use of force upon things does not bring
about piracy unless it is an attack or seizure of the vessel
or of the passenger and their belongings or of the
complement of the vessel.
NOTE: The essence of piracy under the decree is not alone the
seizure or attack of the vessel but robbery committed on
board a vessel while this is in Philippine waters.
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R.A. 6235
PROHIBITED ACTS:
AIRCRAFT IS IN FLIGHT
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Elements:
a.) That the offender is a public officer or employee
b.)that there is a judicial or executive order for the release of a
prisoner or detention prisoner, or that there is a proceeding upon a
petition for the liberation of such person
c.) that the offender without good reason delays (1) the service of
the notice such order to the prisoner or (2) the performance of such
judicial or executive order for the release of the prisoner, or (3) the
proceedings upon a petition for the release of such person.
Elements:
1
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Elements:
a.) That the offender is a public officer or employee
b.) That he is authorized by judicial order to enter the dwelling
and/or to make a search therein for papers or other effects.
Elements:
a.) That the offender is a public officer or employee;
b.) That he is armed with search warrant legally procured;
c.) That he searches the domicile, papers or other belongings of
any person; and
d. That the owner, or any member of his family, or two witnesses
residing in the same locality are not present.
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Elements:
a.) That the offender is a public officer or employee; and
b.) That he performs any of the acts mentioned above.
Elements:
a.) That the offender is a public officer;
b.) That religious ceremonies or manifestations of any religion are
about to take place or are going on; and
c.) That the offender prevents or disturbs the same.
Elements:
a.) That the acts complained of were performed (1) in a place
devoted to religious worship, or (2) during the celebration of any
religious ceremony.
b.) That the acts must be notoriously offensive to the feelings of
the faithful.
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1. Article 122 (Piracy in General and Mutiny in the High Seas or in the
Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup d’ etat), including acts committed by private
persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction,
or under
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residence of the judge nearest the place where the accused was
arrested.
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of the Council are: (1) the Executive Secretary, who shall be its
chairperson; (2) the Secretary of Justice, who shall be its Vice
Chairperson; and (3) the Secretary of Foreign Affairs; (4) the
Secretary of National Defense; (5) the Secretary of the Interior and
Local Government; (6) the Secretary of Finance; and (7) the National
Security Advisor, as its other members.
The Council shall implement this Act and assume the responsibility
for the proper and effective implementation of the anti-terrorism
policy of the country
(1) to individual persons who commit any of the crimes defined and
punished in this Act within the terrestrial domain, interior waters,
maritime zone, and airspace of the Philippines;
(4) to individual persons who commit any of said crimes within any
embassy, consulate, or diplomatic premises belonging to or occupied
by the Philippine government in an official capacity;
RA 9745
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1. blindfolding;
2. threatening a person(s) or his/her relative(s) with bodily
harm, execution or other wrongful acts;
3. confinement in solitary cells or secret detention places;
4. prolonged interrogation;
5. preparing a prisoner for a “show trial”, public display or public
humiliation of a detainee or prisoner;
6. causing unscheduled transfer of a person deprived of liberty
from one place to another, creating the belief that he/she shall
be summarily executed;
7. maltreating a member/s of a person’s family;
8. causing the torture sessions to be witnessed by the person’s
family, relatives or any third party;
9. denial of sleep/rest;
10. shame infliction such as stripping the person naked,
parading him/her in public places, shaving the victim’s head or
putting marks on his/her body against his/her will;
11. deliberately prohibiting the victim to communicate with
any member of his/her family; and
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ELEMENTS:
1. There is public uprising and taking up arms against the
government;
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Art. 134-A Coup d’etat - The crime of coup d'etat is a swift attack
accompanied by violence, intimidation, threat, strategy or stealth,
directed against duly constituted authorities of the Republic of the
Philippines, or any military camp or installation, communications
network, public utilities or other facilities needed for the exercise and
continued possession of power, singly or simultaneously carried out
anywhere in the Philippines by any person or persons, belonging to
the military or police or holding any public office of employment with
or without civilian support or participation for the purpose of seizing or
diminishing state power. (As amended by R.A. 6968).
Elements:
a. That the offender is a person or persons belonging to the military
of police of holding any public office or employment;
b. That it is committed by swift attack accompanied by violence,
intimidation or threat, or stealth,
c. That the attack is directed against duly constituted authorities of
the Republic of the Philippines or any military camp or
installation, communications network or public utilities or other
facilities needed for the exercise and continued possession of
power;
d. That the purpose of attack is to seize or diminish state power.
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Elements:
a. That the offender does not take arms or is not in open hostility
against the Government.
b. That he incites others to the execution of any of the acts of
rebellion.
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Elements;
a. That the offender does not take direct part in the crime of
sedition.
b. That he incites others to the accomplishment of any of the acts
which constitute sedition.
c. That the inciting is done by means of speeches, proclamations,
writings, emblems, cartoons, banners, or other representations
tending to the same end.
Elements:
a. That there be a projected or actual meeting of the National
Assembly or any of its committees or subcommittees, constitutional
committees or divisions thereof, or of any provincial board or city or
municipal council or board.
b. That the offender who may be any person such meeting by
force or fraud.
Elements:
a. That there be a meeting of the National assembly or any of its
committees or subcommittees, constitutional committees or
divisions thereof, or of any provincial board or city or municipal
council or board.
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Acts Punishable:
1. Without legal excuse, refusing to obey summons of the National
Assembly, its special or standing committees and
subcommittees or divisions, or by any commission or committee
chairman or member authorized to summon witnesses.
2. Refusing to be sworn or placed under affirmation while being
before such legislative or constitutional bodies or official.
3. By refusing to answer any legal inquiry
4. By refusing to produce any books, papers, documents or
records in his possession, when required by them to do so in
the exercise of their functions
5. By restraining another from attending as a witness in such
legislative or constitutional body
6. By inducing disobedience to a summon or refusal to be sworn
by the above mentioned bodies or officials.
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Acts Punishable:
1. Causing any serious disturbance in a public place, office or
establishment
2. Interrupting or disturbing performances, functions, or gatherings, or
peaceful meetings, if the act does not fall under Articles 131 and 132.
3. Making any outcry tending to incite rebellion or sedition in any
meeting, association or public place;
4. Displaying placards or emblems which provoke a disturbance of a
public order in such place;
5. Burying with pomp the body of a person who has been legally
executed.
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Acts Punishable:
1. Publishing or causing to be published either by printing,
lithography, or any means of publication, as news any false news
which may endanger public order, or cause damage to the interest or
credit of the State.
2. By the same means, or by utterances or words or speeches
encouraging disobedience to the law or to the authorities, or praising,
justifying, or extolling any act punished by law
3. By maliciously publishing or causing to be published any official
resolution or document without proper authority, or before they have
been published officially
4. By printing, publishing, or distributing or causing to be printed,
published or distributed pamphlets, periodicals, or leaflets which do
not bear the real printer’s name, or which are classified as
synonymous.
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Acts Punishable:
1. Possession of coins, with knowledge that it is false or mutilated
and with intent to utter the same- and the same coin was
counterfeited or mutilated by another person
2. Utterances of such false or mutilated coins, knowing them to be
false or mutilated
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Elements:
1. There is court proceeding criminal in nature;
2. The offender falsely testifies under oath against the defendant
therein;
3. The offender knows that the testimony is false.
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Elements:
1. The accused made a statement under oath or executed an
affidavit upon a material matter;
2. This statement or affidavit was made before a competent officer
authorized to receive and administer oath;
3. In his statement or affidavit, the accused made a willful and
deliberate assertion of falsehood; and
4. The sworn statement or affidavit containing the falsity is required
by law.
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Sec. 1. No person shall use any name different from the one with
which he was registered at birth. Exceptions:
a. pseudonym for literary, cinema, television, radio, or other
entertainment purposes and in athletic events where use of
pseudonym is an accepted practice.
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2. That any person who shall violate this Decree shall, upon
conviction, be punished by a fine of not more than twenty thousand
pesos and/or by imprisonment of not more than five years.
Section 1. Short Title. – This Act shall be known and cited as the
"Comprehensive Dangerous Drugs Act of 2002".
ARTICLE II
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(8) 10 grams or more of other dangerous drugs such as, but not
limited to, methylenedioxymethamphetamine (MDA) or
"ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine
(LSD), gamma hydroxyamphetamine (GHB), and those
similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the
quantity possessed is far beyond therapeutic requirements, as
determined and promulgated by the Board in accordance to
Section 93, Article XI of this Act.
(2) Imprisonment of twenty (20) years and one (1) day to life
imprisonment and a fine ranging from Four hundred thousand
pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantities of dangerous drugs are five (5)
grams or more but less than ten (10) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana
resin or marijuana resin oil, methamphetamine hydrochloride or
"shabu", or other dangerous drugs such as, but not limited to,
MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly
designed or newly introduced drugs and their derivatives,
without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or three
hundred (300) grams or more but less than five (hundred) 500)
grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from Three hundred thousand
pesos (P300,000.00) to Four hundred thousand pesos
(P400,000.00), if the quantities of dangerous drugs are less
than five (5) grams of opium, morphine, heroin, cocaine or
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In the case of minors under fifteen (15) years of age at the time of the
commission of any offense penalized under this Act, Article 192 of
Presidential Decree No. 603, otherwise known as the Child and
Youth Welfare Code, as amended by Presidential Decree No. 1179
shall apply, without prejudice to the application of the provisions of
this Section.
Upon the dismissal of the proceedings against the accused, the court
shall enter an order to expunge all official records, other than the
confidential record to be retained by the DOJ relating to the case.
Such an order, which shall be kept confidential, shall restore the
accused to his/her status prior to the case. He/she shall not be held
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The Director of the NBI and the Chief of the PNP shall be the
permanent consultants of the Board, and shall attend all the meetings
of the Board.
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Acts Punishable:
1. An attorney causing damage to his client by malicious breach of
professional duty or by inexcusable negligence or tolerance.
2. An attorney revealing any of the secrets of his client learned by
him in his professional capacity.
3. An attorney undertaking the defense of the opposing party in the
same case, without the consent of his first client, after having
undertaken the defense of the first client or after having received
confidential information from said client.
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Elements:
1. The offender is a public officer;
2. He accepts an offer or a promise or receives a gift or present by
himself or through another;
3. Such offer or promise be accepted, or gift or present received by
him:
a. with a view to committing some crime; or
b. in consideration of the execution of an unjust act which does not
constitute a crime
c. to refrain from doing something which it is his official duty to do.
4. The act which the offender agrees to perform or which he
executes be connected with the performance of his official duties
Art. 211. Indirect bribery- committed by any public officer who shall
accept gifts offered to him by reason of his office.
Elements
1. The offender is a public officer;
2. Gifts are offered to him by reason of his office; and
3. He accepts the gift.
Elements:
1. The offender is a public officer entrusted with law enforcement;
2. He refrains from arresting or prosecuting an offender who has
committed a crime punishable by reclusion perpetua and/or death;
and
3. He does so because of consideration of any promise, gift or
present.
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Elements:
1. The offender makes offers or promises or gives gift or presents to
a public officer;
2. They are given under circumstances that will make the public
officer liable for direct or indirect bribery.
Art. 213. Frauds against the public treasury and similar offenses.
Committed by a public officer who shall:
1. Enter into an agreement with any party or speculator or make use
of scheme, to defraud the government, in dealing with any person
with regard to furnishing of supplies, the making of contracts or the
adjustment or settlement of accounts.
2. Demand, the payment of sums different from or larger than those
authorized by law, in the collection of taxes, licenses, fees or
outposts.
3. Voluntarily failed to issue a receipt, for any sums of money
collected by him officially, in the collection of taxes, fees, licenses,
outposts.
4. Collecting or receiving, directly or indirectly, things or objects of a
nature different from that provided by law, in the collection of taxes,
fees, licenses and other imposts.
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Elements:
1. The offender is a public officer;
2. He had control or custody of funds or property by reason of the
duties of his office;
3. These funds or property are public in character for which he is
accountable; and
4. He appropriated, misappropriated, took, or consented, or through
abandonment or negligence, permitted another person to take them.
Note: Under Art 222, even private individuals may be held liable
under the provisions of Articles 217 to 221 if:
1. He is in charge of any national, provincial, municipal funds,
revenue or property.
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Elements:
1. The offender is a public officer;
2. He had in his custody a detention prisoner or a prisoner convicted
by final judgment;
3. The prisoner escaped from his custody; and
4. He was in connivance with the prisoner in the latter’s escape.
Acts punishable:
1. Revealing any secrets known to the public officer by reason of his
official duty.
2. Delivering wrongful papers or copies of papers which he may have
charge and which should not be published.
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(e) Causing any undue injury to any party, including the Government,
or giving any private party any unwarranted benefits, advantage or
preference in the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporations charged with the
grant of licenses or permits or other concessions.
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For violation of this Decree, the penalty of imprisonment for not less
than one (1) year nor more than five (5) years and perpetual
disqualification from public office shall be imposed.
Art. 246. Parricide. – Any person who shall kill his father, mother or
child, whether legitimate or illegitimate, or any of his ascendants, or
descendants, or his spouse, shall be guilty of parricide and shall be
punished by the penalty of reclusion perpetua to death.
Elements:
1. A person is killed;
2. Accused killed the deceased; and
3. The deceased is the legitimate or illegitimate father, mother or
child, or legitimate ascendant or legitimate descendant or
legitimate spouse of the accused.
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Art. 248. Murder - Any person, who, not falling within the provisions
of Article 246, shall kill another, shall be guilty of murder and shall be
punished by reclusion perpetua to death if committed with any of the
following attendant circumstances.
a. With treachery
b. Taking advantage of superior strength
c. With the aid of armed men
d. Employing means to weaken defense
e. Employing means or persons to insure or afford impunity
f. In consideration of price reward or promise
g. By means of inundation
h. By means of fire
i. By means of poison
j. By means of explosion
k. By means of shipwreck
l. By means of stranding of a vessel
m. By means of derailment or assault upon a railroad
n. By means of fall of an airship
o. By means of motor vehicle
p. By the use of other means involving great waste and ruin
q. On the occasion of any of the calamities enumerated in letters g-
p.
r. On the occasion of an earthquake
s. On the occasion of eruption of volcano
t. On the occasion of destructive cyclone
u. On the occasion of epidemic
v. On the occasion of any other public calamity
w. With evident premeditation
x. With cruelty (by deliberately and inhumanly augmenting the
suffering of the victim)
y. By outraging or scoffing at the person or corpse of a person.
Elements:
1. A person was killed;
2. The accused killed the deceased;
3. The killing was attended by any of the qualifying circumstance
mentioned in article 248; and
4. The killing is not parricide, infanticide or homicide.
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Art. 249. Homicide- is a crime committed by any person who shall kill
another without the attendance of any of the circumstances
mentioned in article 248.15
Elements:
1. A person was killed;
2. The accused killed the deceased;
3. The accused had the intent to kill;
4. The killing was attended by any of the qualifying circumstances
mentioned in article 248; and
5. The killing is not infanticide or parricide.
In People vs. Pugay 167 SCRA 439, the accused set on fire a
retard victim out of frolic and merrymaking. The Supreme Court
convicted him of Homicide thru Reckless Imprudence
Tumultuous affray
It is one which takes place when a quarrel occurs among several
persons not composed of organized groups, and these persons
assault each other in a confused and tumultuous manner. It takes
place when a quarrel occurs between several persons who engaged
in a confused and tumultuous manner, in the course of which a
person is killed or wounded and the author thereof cannot be
ascertained.
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Art. 255. Infanticide- is the killing of a child less than three (3) days
old.
Elements of infanticide:
1. A child less than 3 days old (72 hours old or less) is killed; and
2. The accused killed said child.
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other
descendant, or
the legitimate
spouse of the
accused.
The killing is That the killing
not parricide was not
nor attended by any
infanticide. of the
qualifying
circumstances
of murder, or
by that of
parricide or
infanticide.
Elements:
1. Violence is exerted, or any drugs or beverages be administered or
the accused acts upon a pregnant woman;
2. As a result thereof, the fetus dies, in the womb or after having
been expelled therefrom; and
3. The act is intended.
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LIABILITIES IN A DUEL
If the adversary is killed Reclusion temporal
Physical Injuries Consult Article 263 -266
No physical injuries whatsoever Both combatants shall suffer
was committed arresto mayor
Liability of seconds They are considered as
accomplices
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Elements:
1. Offender inflicted any serious physical injuries;
2. By knowingly administering any injurious substances or
beverages; and
3. Accused had no intent to kill.
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RA 9775
AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY,
PRESCRIBING PENALTIES THEREFOR AND FOR
OTHER PURPOSES
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For the purpose of this Act, a child shall also refer to:
(1) As to form:
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(2) As to content:
(2) Bestiality;
(3) Masturbation;
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The term organization shall include any club or the Armed Forces of
the Philippines, Philippine National Police, Philippine Military
Academy, or cadet corps of the Citizens Military Training, or Citizens
Army Training. The physical, mental and psychological testing and
training procedure and practices to determine and enhance the
physical, mental and psychological fitness of prospective regular
members of the Armed Forces of the Philippines and the Philippine
National Police as approved by the secretary of National Defense
and the National Police Commission duly recommended by the Chief
of Staff, Armed Forces of the Philippines and the Director General of
the Philippine National Police shall not be considered as hazing for
the purpose of this act.
The owner of the place where the hazing is conducted shall be liable
as an accomplice, when he/she has actual knowledge of the hazing
conducted therein but failed to take any action to prevent the same
from occurring. If the hazing is held in the home of one of the officers
or members of the fraternity, sorority, group, or organization, the
parent shall be held liable as principals when they have actual
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Any person charged under this provision should not be entitled to the
mitigating circumstances that there was no intention to commit so
grave a wrong.
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Elements:
1. Offender is a private individual
2. He kidnaps or detains another, or in any other manner deprives
the latter of his liberty
3. The act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the following
circumstances are present (becomes serious)
a. that the kidnapping/detention lasts for more than 3 days
b. that it is committed simulating public authority
c. that any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made, or
d. that the person kidnapped or detained is a minor (except if
parent is the offender), female or a public officer
Illustration:
If a private person commits the crime of kidnapping or
serious illegal detention, even though a public officer conspires
therein, the crime cannot be arbitrary detention. As far as that
public officer is concerned, the crime is also illegal detention.
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1. If the seizure is only to facilitate the killing of the victim the crime
committed would either be homicide or murder and the crime of
kidnapping is absorbed.
2. If the seizure or deprivation of liberty is only to compel the victim
to perform an act, be it right or wrong, the crime committed would
only be grave coercion. (People vs. Astorga, 283 SCRA 420).
3. If the deprivation of liberty is to take away the victim to satisfy the
lewd design of the offender, the crime would only be forcible
abduction.
4. If the seizure of the victim is solely to deprive him of his liberty, the
crime is illegal detention.
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If the victim was not kidnapped or taken away but was restrained
and deprived of his liberty, like in the case of a hostage incident
where the accused, who was one of the occupants of the house,
grabbed a child, poked a knife on the latter’s neck, called for media
people and demanded a vehicle from the authorities which he could
use in escaping, as it turned out that there was an unserved arrest
warrant against him, the proper charge is Serious Illegal Detention
(without kidnapping anymore) but likewise under Article 267 of the
Revised Penal Code.
Where after taking the victim with her car, the accused called the
house of the victim asking for ransom but upon going to their
safehouse saw several police cars chasing them, prompting them to
kill their victim inside the car, there were two crime committed –
Kidnapping for Ransom and Murder, not a complex crime of
Kidnapping with Murder as she was not taken or carried away to be
killed, killing being an afterthought . (People vs. Evanoria, 209 SCRA
577).
Elements:
1. Offender is a private person;
2. He kidnaps or detains another or in any other manner deprives
him of his liberty / furnished place for the perpetuation of the
crime;
3. That the act of detention or kidnapping must be illegal; and
4. That the crime is committed without the attendant of any of the
circumstances enumerated in Art. 267.
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One who furnishes the place where the offended party is being
held generally acts as an accomplice. But the criminal liability in
connection with the kidnapping and serious illegal detention, as well
as the slight illegal detention, is that of the principal and not of the
accomplice.
Ransom Defined
It is the money, price or consideration paid or demanded for
redemption of a captured person or persons, a payment that releases
a person from captivity.
Elements:
1. That the offender arrests or detains another person;
2. That the purpose of the offender is to deliver him to the proper
authorities; and
3. That the arrest or detention is not authorized by law or there is no
reasonable ground therefor.
Notes:
1. Offender is any person, so either a public officer or private
individual
The offended party may also be detained but the crime is not
illegal detention because the purpose is to prosecute the person
arrested. The detention is only incidental; the primary criminal
intention of the offender is to charge the offended party for a crime he
did not actually commit.
84
Elements:
1. That the offender is entrusted with the custody of a minor
person (whether over or under 7 but less than 18 yrs old)
2. That he deliberately fails to restore the said minor to his parents
If any of the foregoing elements is absent, the kidnapping of the
minor will then fall under Article 267.
If the accused is any of the parents, Article 267 does not apply;
Articles 270 and 271 apply.
85
Elements:
1. That the minor (whether over or under 7) is living in the home of
his parents or guardians or the person entrusted with his
custody
2. That the offender induces a minor to abandon such home
Notes:
The inducement must be actually done with malice and a
determined will to cause damage. (People vs. Paalam, C.A., O.G.
8267-8268). But where the victims abandoned their respective homes
out of an irresponsible spirit of restlessness and adventure, the crime
is not committed.
1. Minor should not leave his home of his own free will
2. Mitigating if by father or mother
The article also punishes the father or mother who commits the
act penalized under the law. This arises when the custody of the
minor is awarded by the court to one of them after they have
separated. The other parent who induces the minor to abandon his
home is covered by this article.
Elements:
1. That the offender purchases, sells kidnaps or detains a human
being.
2. That the purpose of the offender is to enslave such human
being.
86
Elements:
1. That the offender retains a minor in his service.
2. That it is against the will of the minor.
3. That it is under the pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or person entrusted with
the custody of such minor.
Elements:
1. That the offender compels a debtor to work for him, either as
household servant or farm laborer.
2. That it is against the debtor’s will.
3. That the purpose is to require or enforce the payment of a debt.
Acts punishable:
1. By failing to render assistance to any person whom the offender
finds in an inhabited place wounded or in danger of dying, when
he can render such assistance without detriment to himself, unless
such omission shall constitute a more serious offense
Elements
a. That place is not inhabited.
b. The accused found there a person wounded or in danger of
dying.
87
Elements:
1. That the offender has the custody of a child.
2. That the child is under seven years of age.
3. That he abandons such a child.
4. That he has no intent to kill the child when the latter is
abandoned.
Acts punished:
1. By delivering a minor to a public institution or other persons w/o
consent of the one who entrusted such minor to the care of the
offender or, in the absence of that one, without the consent of the
proper authorities.
Elements:
a. That the offender has been charged with the rearing or
education of a minor.
b. That he delivers said minor to a public institution or other
persons.
c. That the one who entrusted such a child to the offender has
not consented to such an act, or if the one who entrusted
such child to the offender is absent; the proper authorities
have not consented to it.
2. By neglecting his (offender’s) children by not giving them
education which their station in life requires and financial condition
permits.
Elements:
88
89
Elements:
1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the latter’s will.
Notes:
Dwelling – This is the place that a person inhabits. It includes
the dependencies which have interior communication with the house.
It is not necessary that it be the permanent dwelling of the person.
So, a person’s room in a hotel may be considered a dwelling. It also
includes a room where one resides as a boarder.
1. Qualifying circumstance: if the offense is committed by means
of violence or intimidation, the penalty is higher
2. There must be an opposition to the entry of the accused
If the entry is made in a way not intended for entry, that is
presumed to be against the will of the occupant (example, entry
through a window). It is not necessary that there be a break.
90
hour of the night or at an unholy hour of the day. (U. S. vs. Mesina, 21
Phil. 615)
Elements:
1. That the offender enters the closed premises or the fenced estate
of another.
2. That the entrance is made while either of them is uninhabited.
3. That the prohibition to enter be manifest.
4. That the trespasser has not secured the permission of the owner
or the caretaker thereof.
91
Acts punishable:
1. By threatening another with the infliction upon his person, honor or
property that of his family of any wrong amounting to a crime and
demanding money or imposing any other condition, even though
not unlawful and the offender (Note: threat is with condition)
Elements
a. That the offender threatens another person with the infliction
upon the latter’s person, honor or property, or upon that of
the latter’s family, of any wrong.
b. That such wrong amount to a crime.
c. That there is a demand for money or that any other condition
is imposed, even though not unlawful.
d. That the offender attains his purpose.
Elements
a. That the offender threatens another person with the infliction
upon the latter’s person, honor or property, or upon that of
the latter’s family, of any wrong.
b. That such wrong amount to a crime.
c. That the threat is not subject to a condition
Notes:
Intimidation is an indispensable element in the crime of
threat. The very essence of threat is to sow fear, anxiety and
insecurity in the mind of the offended party. It is done by threatening
to commit the crime upon the person, honor and property of the
offended party. There is a promise of some future harm or injury.
92
93
Elements:
1. That the offender makes a threat to commit a wrong.
2. That the wrong does not constitute a crime.
3. That there is a demand for money or that other condition is
imposed, even though not unlawful
4. That the offender has attained his purpose or, that he has not
attained his purpose
The law imposes the penalty of bond for good behavior only in
case of grave and light threats. If the offender can not post the bond,
he will be banished by way of destierro to prevent him from carrying
out his threat.
Bond of good behavior means the posting of bond on the part of the
accused in order to guarantee that he will not molest the offended
party. It is in the nature of an additional penalty.
Bond to keep peace under Article 35 is applicable to all cases
and is treated as a distinct penalty. If the sentenced prisoner fails to
give the bond, he shall be detained for a period not exceeding six
months if the crime for which he was convicted is classified as a
grave felony or for a period not exceeding thirty days if convicted for a
light felony.
Elements:
1. Person shall threaten another with a weapon, or draw weapon in a
quarrel unless in self-defense.
2. In the heat of anger, a person orally threatens another with some
harm constituting a crime, without persisting in the idea involved in
the threat. Subsequent acts did not persist.
3. Person orally threatens another with harm not constituting a
felony.
94
Elements:
1. That a person prevented another from doing something OR not to
do something against his will, be it right or wrong;
2. That the prevention or compulsion be affected by violence, of
force as would produce intimidation and control the will.
3. That the person that restrained the will and liberty by another had
not the authority of law or the right to do so, or, in other words, that
the restraint shall not be made under authority of law or in the
exercise of any lawful right.
Acts punished
1. Preventing another, by means of violence, threats or intimidation,
from doing something not prohibited by law;
2. Compelling another, by means of violence, threats or intimidation,
to do something against his will, whether it be right or wrong.
Elements:
1. That the offender must be a creditor.
2. That he seizes anything belonging to his debtor.
3. That the seizure of the thing be accomplished by means of
violence or a display of material force producing intimidation;
4. That the purpose of the offender is to apply the same to the
payment of the debt.
95
UNJUST VEXATION
In unjust vexation, any act committed without violence, but
which unjustifiably annoys or vexes an innocent person amounts to
light coercion.
As a punishable act, unjust vexation should include any human
conduct which, although not productive of some physical or material
harm would, however, unjustifiably annoy or vex an innocent person.
It is distinguished from grave coercion under the first paragraph
by the absence of violence.
ELEMENTS OF NO. 1
Forcing or compelling, directly or indirectly, or knowingly permitting
the forcing or compelling of the laborer or employee of the offender to
purchase merchandise of commodities of any kind from him;
1. That the offender is any person, agent or officer of any association
or corporation.
2. That he or such firm or corporation has employed laborers or
employees.
3. That he forces or compels, directly or indirectly, or knowingly
permits to be forced or compelled, any of his or its laborers or
employees to purchase merchandise or commodities of any kind
from his or from said firm or corporation.
ELEMENTS OF NO. 2
Paying the wages due his laborer or employee by means of tokens or
objects other than the legal tender currency of the Philippines, unless
expressly requested by such laborer or employee.
1. That the offender pays the wages due a laborer or employee
employed by him by means of tokens or objects.
2. That those tokens or objects are other than the legal tender
currency to the Philippines.
3. That such employee or laborer does not expressly request that he
be paid by means of tokens or objects.
Under the Republic Act No. 602, known as the Minimum Wage Law,
wages of laborers must be paid in legal tender. Accordingly, it is
unlawful to pay the wages of the laborers in the form of promissory
notes, vouchers, coupons, tokens, or any other forms alleged to
represent legal tender.
96
Elements:
1. That the offender employs violence or threats, in such a degree as
to compel or force the laborers or employers in the free and legal
exercise of their industry or work
2. The purpose is to organize, maintain or prevent coalitions of
capital or labor, strike of laborers or lockout of employees.
Elements:
1. That the offender is a private individual or even a public officer
not in the exercise of his official function,
2. That he seizes the papers or letters of another.
3. That the purpose is to discover the secrets of such another
person.
4. That offender is informed of the contents or the papers or
letters seized.
Elements:
1. That the offender is a manager, employee or servant.
2. That he learns the secrets of his principal or master in such
capacity.
3. That he reveals such secrets.
Elements:
1. That the offender is a person in charge, employee or workman
of a manufacturing or industrial establishment.
2. That the manufacturing or industrial establishment has a secret
of the industry which the offender has learned.
3. That the offender reveals such secrets.
4. That the prejudice is caused to the owner.
97
98
Elements:
1. That there be personal property belonging to another.
2. That there is unlawful taking of that property.
3. That the taking must be with intent to gain, and
4. That there is violence against or intimidation of any person, or
force upon anything.
Notes:
Robbery – This is the taking or personal property belonging to
another, with intent to gain, by means of violence against, or
intimidation of any person, or using force upon anything.
99
The other kind of robbery is one that is committed with the use
of force upon anything in order to take with intent to gain, the
personal property of another. The use of force here must refer to the
force employed upon things in order to gain entrance into a building
or a house. (People vs. Adorno, C. A. 40 O. G. 567)
100
Problem:
A, B, C and D robbed a bank. When they were
about to flee, policemen came, and they traded
shots with them. If one of the policemen was killed,
the offense is Robbery with Homicide. If one of the
robbers was the one killed, the remaining robbers
shall be charged also with Robbery with Homicide.
If a bank employee was the one killed either by the
robbers or by the policemen in the course of the
101
As long as the criminal intent is to rob, that is, robbery was the
real motive, the offense would still be classified as Robbery with
Homicide even if the killing preceded or was done ahead of the
robbing. (People vs. Tolentino, 165 SCRA 490). Thus, as a member
of the “agaw-armas” gang whose plan and design is to rob a
policeman of his service revolver, but because he fears that said
policeman may beat him to the draw, first shoots the policeman fatally
and only after when the latter lies dead, does he get the gun – the
crime is still considered Robbery with Homicide.
Illustration 1:
The robbers enter the house. While entering through the
window, one of the robbers stepped on a child less than three days
old. The crime is not robbery with infanticide because there is no
such crime. The word homicide as used in defining robbery with
homicide is used in the generic sense. It refers to any kind of death.
When two or more persons are killed during the robbery, such should
be appreciated as an aggravating circumstance.
102
Illustration 2:
Robbers decided to commit robbery in a house, which
turned out to be a boarding house. Thus, there were different
boarders who were offended by parties in the robbery. There is only
one count of robbery. If there were killings done to different boarders
during the robbery being committed in a boarder’s quarter, do not
consider that as separate counts of robbery with homicide because
when robbers decide to commit robbery in a certain house, they are
only impelled by one criminal intent to rob and there will only be one
case of robbery. If there were homicide or death committed, that
would only be part of a single robbery. That there were several
killings done would only aggravate the commission of the crime of
robbery with homicide.
Illustration 3:
On the occasion of a robbery, one of the offenders placed
his firearm on the table. While they were ransacking the place, one
of the robbers bumped the table. As a result, the firearm fell on the
floor and discharged. One of the robbers was the one killed. Even
though the placing of the firearm on the table where there is no safety
precaution taken may be considered as one of negligence or
imprudence, you do not separate the homicide as one of the products
of criminal negligence. It will still be robbery with homicide, whether
the person killed is connected with the robbery or not. He need not
also be in the place of the robbery.
Note that the person killed need not be one who is identified
with the owner of the place where the robbery is committed or one
who is a stranger to the robbers. It is enough that the homicide was
committed by reason of the robbery or on the occasion thereof.
Illustration 4:
There are two robbers who broke into a house and carried
away some valuables. After they left such a house these two
robbers decided to cut or divide the loot already so that they could go
after them. So while they were dividing the loot the other robber
noticed that the one doing the division was trying to cheat him and so
he immediately boxed him. Now this robber who was boxed then
pulled out his gun and fired at the other one killing the latter. Would
that bring about the crime of robbery with homicide? Yes. Even if the
robbery was already consummated, the killing was still by reason of
the robbery because they quarreled in dividing the loot that is the
subject of the robbery.
103
Illustration 5:
If a person had an enemy and killed him and after killing
him, saw that he had a beautiful ring and took this, the crime
would not be robbery with homicide because the primary
criminal intent is to kill. So, there will be two crimes: one for the
killing and one for the taking of the property after the victim was killed.
Now this would bring about the crime of theft and it could not be
robbery anymore because the person is already dead.
104
105
If rape was the primary objective of the accused and the taking
of her jewelries was not done with intent to gain but as a token of her
supposed consent to the sexual intercourse, the accused is guilty of
two distinct crimes: rape and unjust vexation. (People vs. Villarino, C.
A. G. R. No. 6342-R, Nov. 26, 1951)
Illustration 1:
After the robbery had been committed and the robbers were
already fleeing from the house where the robbery was
committed, the owner of the house chased them and the robbers
106
But if after the robbery was committed and the robbers were already
fleeing from the house where the robbery was committed, the owner
or members of the family of the owner chased them, and they fought
back and somebody was killed, the crime would still be robbery with
homicide. But if serious physical injuries were inflicted and the
serious physical injuries rendered the victim impotent or insane or the
victim lost the use of any of his senses or lost a part of his body, the
crime would still be robbery with serious physical injuries. The
physical injuries (serious) should not be separated regardless of
whether they were retorted in the course of the commission of the
robbery or even after the robbery was consummated.
So, if the robbery was by the use of force upon things and
therewith arson was committed, two distinct crimes are committed.
107
Notes:
ROBBERY BY A BAND
Notes:
Band is defined as consisting of at least four armed
malefactors organized with the intention of carrying out any unlawful
design. Their participation in the commission of the crime must be
actual. The offender must be principal by direct participation, so that,
a principal by inducement cannot be convicted of this crime where the
aggravating circumstance of band shall be appreciated against him,
since the law requires as a condition to its commission the actual
participation of the offender in the execution of the crime. In such a
case, the conviction of a principal by inducement will only be limited
to his criminal liability as a co-conspirator.
108
Elements:
1. That the offender has intent to defraud another.
2. That the offender compels him to sign, execute, or deliver any
public instrument or document.
3. That the compulsion is by means of violence or intimidation.
109
Elements:
1. That the offender entered (a) an inhabited house, or (b) public
buildings, or (c) edifice devoted to religious worship.
2. That the entrance was affected by any of the following means:
a. Through an opening not intended for entrance or egress.
b. By breaking any wall, roof, or floor or breaking any door or
window.
c. By using false keys, picklocks or similar tools or.
d. By using any fictitious name or pretending to exercise public
authority.
3. Once inside the building, the offender took personal property
belonging to another with intent to gain.
Notes:
In this kind of Robbery, no violence or intimidation against
persons is ever used.
110
In other words, the offender must have entered the premises where
the robbery was committed. If no entry was effected, even though
force may have been employed actually in the taking of the property
from within the premises, the crime will only be theft.
The term force upon things has a legal meaning. It means the
employment of force to effect entrance into the house or building by
destroying the door, window, roof, wall or floor of the aforesaid house
or building. In other words, the force upon things has no reference to
personal property but to a house or building which is ordinarily
classified as real property.
Illustration 1:
The entry was made through a fire escape. The fire escape was
intended for egress. The entry will not characterize the taking as one
of robbery because it is an opening intended for egress, although it
may not be intended for entrance. If the entering were done through
the window, even if the window was not broken, that would
characterize the taking of personal property inside as robbery
because the window is not an opening intended for entrance.
Illustration 2:
At a sari-sari store, a vehicle bumped the wall. The wall
collapsed. There was a small opening there. At night, a man
entered through that opening without breaking the same. The
111
Note that in the crime of robbery with force upon things, what should
be considered is the means of entrance and means of taking the
personal property from within. If those means do not come within the
definition under the Revised Penal Code, the taking will only give rise
to theft.
Illustration 3:
A found B inside his (A’s) house. He asked B what the latter was
doping there. B claimed he is an inspector from the local city
government to look after the electrical installations. By the time
B was chanced upon by A, he had already entered. So anything
he took inside without breaking any sealed or closed receptacle
will not give rise to robbery because the simulation of public
authority was made not in order to enter but when he has
already entered.
If the accused entered the house through a door, and it was while
escaping that he broke any wall, floor or window after taking personal
property inside the house – there is no Robbery committed, only
Theft.
112
Before, if the door was not damaged but only the lock attached to the
door was broken, the taking from within is only theft. But the ruling is
now abandoned because the door is considered useless without the
lock. Even if it is not the door that was broken but only the lock, the
breaking of the lock renders the door useless and it is therefore
tantamount to the breaking of the door. Hence, the taking inside is
considered robbery with force upon things.
False keys – genuine keys stolen from the owner or any keys
other than those intended by the owner for use in the lock
113
If A and B told the occupant of the house that they were the
nephews of the spouse of the owner of the house, and because of
that, the closed door was opened, or that they were NBI agents
executing a warrant of arrest, and so the occupant opened the door,
any taking personal property thereat with intent to gain, would be
Robbery.
114
Elements:
1. That the offender entered an uninhabited place or a building which
was not a dwelling house, not a public building, or not an edifice
devoted to religious worship.
2. that any of the following circumstances was present:
a. That entrance was effected through an opening not intended for
entrance or egress.
b. A wall, roof, floor, or outside door or window was broken.
115
Nota Bene:
1. Second kind of robbery with force upon things
It must be taken note of, that the entrance by using any
fictitious name or pretending the exercise of public authority is not
among those mentioned in Article 302 because the place is
Uninhabited and therefore without a person present. Likewise, in this
class of Robbery, the penalty depends on the amount taken
disregarding the circumstances of whether the robbers are armed or
not as in the case in Robbery in Inhabited Place.
2. Uninhabited place – is an uninhabited building (habitable, not
any of the 3 places mentioned)
3. Ex. warehouse, freight car, store. Exception: pigsty
A store may or may not be an inhabited place depending upon
the circumstances of whether or not it is usually occupied by any
person lodging therein at night. Although it may be used as a
dwelling to sustain a conviction under Article 299, the information
must allege that the same was used and occupied as a dwelling
(People vs. Tubog, 49 Phil. 620), otherwise Art. 302 is applicable.
116
the crime committed would only be theft even though the taking was
done in an uninhabited place.
Elements:
1. That the offender has in his possession picklocks or similar tools.
2. That such picklocks or similar tools are specially adapted to the
commission of robbery.
3. That the offender does not have lawful cause for such possession.
Nota Bene:
1. Possession of false keys here not punishable
2. If key was entrusted and used to steal, not robbery (not
stolen)
BRIGANDAGE
Brigandage – This is a crime committed by more than three armed
persons who form a band of robbers for the purpose of committing
robbery in the highway or kidnapping persons for the purpose of
extortion or to obtain ransom, or for any other purpose to be attained
by means of force and violence.
Elements of brigandage:
1. There are least four armed persons;
2. They formed a band of robbers;
117
Presumption of Brigandage:
a. if members of lawless band and possession of unlicensed
firearms (any of them)
b. possession of any kind of arms (not just firearm)
118
Elements:
1. That there is a band of brigands.
2. That the offender knows the band to be of brigands.
3. That the offender does any of the following acts:
a. he in any manner aids, abets or protects such band of
brigands, or
b. he gives them information of the movements of the police or
other peace officers of the government or
c. He acquires or receives the property taken by such brigands.
PD 532 – Brigandage.
1. Seizure of any person for:
(a) ransom;
(b) extortion or other unlawful purpose;
(c) taking away of property by violence or intimidation or force
upon things or other unlawful means
Elements:
1. That there be taking of personal property.
2. That said property belongs to another.
119
PERSONS LIABLE:
1. Those who:
a) with intent to gain
b) But without violence against or intimidation of persons nor force
upon things
c) take personal property of another
d) without the latter’s consent
Nota Bene:
Hidden Treasure
120
Under Article 438 and 439 of the Civil Code, the finder of
hidden treasure on the property of another and by chance is entitled
to one-half of the treasure that he found. His duty is to tell the owner
about the treasure. If he appropriates the other half pertaining to the
owner of the property, he is liable for theft as to that share. (People
vs. Longdew, C. A. G. R. No. 9380-R, June 4, 1953)
3. Those who
a) after having maliciously damaged the property of another
b) remove or make use of the fruits or object of the damage
caused by them
4. Those who
a) enter an enclosed estate or a field where
b) trespass is forbidden or which belongs to another and, without
the consent of its owner
c) hunts or fish upon the same or gather fruits, cereals or other
forest or farm products
Nota Bene:
In the crime of theft, the law makes only the term “taking”
and not “taking away.” The non-inclusion of the word “away” is
significant because it means that as soon as the culprit takes
possession of the things taken by him, the crime of theft is already
consummated since the law does not require that the thief be able to
carry away the thing taken from the owner. (People vs. Jaranilla, 55
SCRA 563)
121
Personal Property
122
9. If the offender claims property as his own (in good faith) – not
theft (though later found to be untrue. If in bad faith – theft)
123
Presumption:
A person found in possession of a thing taken in the recent
doing of a wrongful act is the taker of the thing and the doer of
the whole act.
124
the killing or taking the meat or hide of large cattle without the
consent of the owner.
If the property has some value but is not proven with reasonable
certainty, the minimum penalty shall be imposed under par. 6 of
Art. 309 (People vs. Reyes, 58 Phil. 964).
When the resulting penalty for the accessory to the crime of theft has
no medium period, the court can impose the penalty which is
found favorable to the accused. (Cristobal vs. People, 84 Phil.
473).
125
c. large cattle
d. coconut from plantation
e. fish from fishpond or fishery, or
4. On occasion of calamities and civil disturbance.
Nota Bene:
126
the property would constitute estafa. When the material and juridical
possession of the thing transfers ownership of the property to the
possessor, any misappropriation made by the possessor will not
result in the commission of any crime, either for theft of estafa.
127
ELEMENTS:
1. That the offender takes possession of any real property or usurps
any real rights in property.
2. That the real property or real rights belong to another.
3. That violence against or intimidation of persons is used by the
offender in occupying real property or usurping real rights in
property.
4. That there is intent to gain.
128
On squatting
According to the Urban Development and Housing Act, the following
are squatters:
1. Those who have the capacity or means to pay rent or for legitimate
housing but are squatting anyway;
2. Also the persons who were awarded lots but sold or lease them
out;
3. Intruders of lands reserved for socialized housing, pre-empting
possession by occupying the same.
Elements:
1. That there be boundary marks or monuments of towns, provinces,
or estates, or any other marks intended to designate the
boundaries of the same.
2. That the offender alters said boundary marks.
ELEMENTS
1. That the offender is a debtor; that is, he has obligations due and
payable.
2. That he absconds with his property.
3. That there be prejudice to his creditors.
129
The accused does not receive the goods but delivers a thing
under an onerous obligation which is not in accordance with the
substance, quantity or quality agreed upon. It is the altering of the
substance, quality or quantity of the thing delivered which makes the
offender liable for the crime of estafa.
The word “onerous” means that the offended party has fully
complied with his obligations to pay. So, if the thing delivered whose
substance was altered is not yet fully or partially paid, then the crime
of estafa is not committed.
130
Nota Bene:
1. Unfaithfulness or Abuse of Confidence
a. by altering the substance
b. existing obligation to deliver – even if it is not a subject of lawful
commerce
c. thing delivered has not been fully or partially paid for – not
estafa
d. no agreement as to quality – No estafa if delivery is
unsatisfactory
131
132
Nota Bene:
1. False pretenses or fraudulent acts – executed prior to or
simultaneously with delivery of the thing by the complainant
133
134
135
136
137
Syndicated Estafa
A syndicate of five or more persons formed with intent to carry
out an unlawful or illegal act, transaction or scheme and defraudation
which results in misappropriation of money contributed by
stockholders or members of rural banks, cooperatives, samahang
nayon or former’s association; or funds contributed by corporations or
associations for the general welfare.
DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY
ESTIMATION: (315) (second element of any form of estafa)
138
2. That the offender knew that the real property was encumbered,
whether the encumbrance is recorded or not.
3. That there must be express representation by the offender that the
real property is free from encumbrance.
4. That the act of disposing of the real property be made to the
damage of another.
139
ELEMENTS:
1. That personal property is already pledged under the terms of the
chattel mortgage law.
2. That the offender, who is the mortgagee of such property, sells or
pledges the same or any part thereof.
3. That there is no consent of the mortgagee written on the back of
the mortgage and noted on the record thereof in the office of the
register of deeds.
ELEMENTS:
1. that personal property is mortgaged under the chattel mortgage
law.
2. That the offender knows that such property is so mortgaged.
3. That he removes such mortgaged personal to any province or city
other than the one in which it was located at the time of the
execution of the mortgage.
4. that the removal is permanent.
5. That there is no written consent of the mortgagee or his executors,
administration or assigns to such removal.
140
D. ELEMENTS OF ARSON
1. That the property burned is the exclusive property of the offender
2. That (a) the purpose of the offender is burning it is to defraud or
cause damage to another or (b) prejudice is actually caused, or (c)
the thing burned is a building in an inhabited place
Nota Bene:
If the crime of arson was employed by the offender as a
means to kill the offended party, the crime committed is murder. The
burning of the property as the means to kill the victim is what is
contemplated by the word “fire” under Article 248 which qualifies the
crime to murder. (People vs. Villarosa, 54 O. G. 3482)
141
ELEMENTS
1. That the offender deliberately caused damage to the property of
another.
2. That such act does not constitute arson or other crimes involving
destruction.
3. That the act damaging another’s property be committed merely for
the sake of damaging it.
Nota Bene:
1. Malicious mischief – willful damaging of another’s property for
the sake of causing damage due to hate, revenge or other evil
motive
2. No negligence
3. Example. Killing the cow as revenge
4. If no malice – only civil liability
142
143
Notes:
1. Exemption is based on family relations
144
ELEMENTS
1. That the woman is married (even if marriage subsequently
declared void)
2. That she has sexual intercourse with a man not her husband.
3. That as regards the man with whom she has sexual intercourses,
he must know her to be married.
Nota Bene:
There are two reasons why adultery is made punishable by law.
Primarily, it is a violation of the marital vow and secondarily, it paves
the way to the introduction of a spurious child into the family.
Adultery is a crime not only of the married woman but also of
the man who had intercourse with a married woman knowing her to
be married. Even if the man proves later on that he does not know
the woman to be married, at the beginning, he must still be included
in the complaint or information. This is so because whether he knows
the woman to be married or not is a matter of defense and it's up to
him to ventilate that in formal investigations or a formal trial.
145
Illustration 1:
Madame X is a married woman residing in Pasay City. He met a
man, Y, at Roxas Boulevard. She agreed to go with Baguio City,
supposedly to come back the next day. When they were in Bulacan,
they stayed in a motel, having sexual intercourse there. After that,
they proceeded again and stopped at Dagupan City, where they went
to a motel and had sexual intercourse.
146
In the case of People vs. Pontio Guinucud, et al., (58 Phil. 621), a
private agreement was entered into between the husband and wife
for them to separate from bed and board and for each of them to go
his and her own separate way. Thereafter, the wife Rosario Tagayum
lived with her co-accused Pontio Guinucud in a nearby barangay.
Their love affair ultimately embroiled the spouses’ conservative and
reputable families in a human drama exposed in legal battles and
whispers of unwanted gossip. In dismissing the complaint, the Court
ruled that while a private agreement between the husband and wife
was null and void, the same was admissible proof of the express
consent given by the condescending husband to the prodigal wife, a
license for her to commit adultery. Such agreement bars the husband
from instituting a criminal complaint for adultery.
After filing the complaint for adultery and while the case is pending
trial and resolution by the trial court, the offended spouse must not
have sexual intercourse with the adulterous wife since an act of
intercourse subsequent to the adulterous conduct is considered as
implied pardon. (People vs. Muguerza, et al., 13 C.A. Rep. 1079)
Art 334-CONCUBINAGE
ELEMENTS:
1. That the man must be married.
2. That he committed any of the following acts:
147
It has been asked why the penalty for adultery is higher than
concubinage when both crimes are infidelity to the marital vows. The
reason given for this is that when the wife commits adultery, there is a
probability that she will bring a stranger into the family. If the
husband commits concubinage, this probability does not arise
because the mother of the child will always carry the child with her.
So even if the husband brings with him the child, it is clearly known
that the child is a stranger. Not in the case of a married woman who
may bring a child to the family under the guise of a legitimate child.
This is the reason why in the former crime the penalty is higher than
the latter.
148
The rule is that, if a married man’s conduct with a woman who is not
his wife was not confined to occasional or transient interview for
carnal intercourse but is carried on in the manner of husband and
wife and for some period of time, then such association is sufficient to
constitute cohabitation. (People vs. Zuniga, CA 57 O.G. 2497)
Note that there are two kinds of acts of lasciviousness under the
Revised Penal Code: (1) under Article 336, and (2) under Article
339.
Under this article, the offended party may be a man or a woman. The
crime committed, when the act performed with lewd design was
perpetrated under circumstances which would have brought about
149
150
SEDUCTION
Elements:
1. That the offended party is a virgin, (presumed if she is unmarried
and of good reputation.)
2. That she must be over 12 and under 18 years of age.
3. That the offender has sexual intercourse with her.
4. That there is abuse of authority, confidence or relationship on the
part of the offender ( person entrusted with education or custody
of victim; person in public authority, priest; servant)
Persons liable:
1. Those who abuse their authority:
a. persons in public authority
b. guardian
c. teacher
d. person who, in any capacity, is entrusted with the education
or custody of the woman seduced
151
Illustration:
If a person goes to a sauna parlor and finds there a descendant
and despite that, had sexual intercourse with her, regardless of
her reputation or age, the crime of qualified seduction is
committed.
The fact that the offended party gave her consent to the sexual
intercourse is not a defense. Lack of consent on the part of the
complainant is not an element of the crime.
152
The term domestic refers to a person usually living under the same
roof with the offended party. It includes all those persons residing with
the family and who are members of the same household, regardless
of the fact that their residence may only be temporary or that they
may be paying for their board and lodging.
If the offended party is married and over 12 years of age, the crime
committed will be adultery.
Even if the woman has already lost her virginity because of rape, in
the eyes of the law, she remains a virtuous woman even if physically
she is no longer a virgin.
ELEMENTS:
1. That the offended party is over 12 and under 18 years of age.
2. That she must be of good reputation, single or widow.
3. That the offender has sexual intercourse with her.
4. That it is committed by means of deceit.
Where the accused failed to have sex with this sweetheart over
twelve (12) but below eighteen (18) years old because the latter
refused as they were not yet married, and the accused procured the
performance of a fictitious marriage ceremony because of which the
girlfriend yielded, he is guilty of Simple Seduction. (U.S. vs.
153
Hernandez, 29 Phil. 109). Here, there was deceit employed. This act
may now be considered Rape under R.A. 8353, Sec. 2 par. 6.
ELEMENTS:
1. That the offender commits acts of lasciviousness or lewdness.
2. That the acts are committed upon a woman who is virgin or single
or widow of good reputation, under 18 years of age but over 12
years, or a sister or descendant regardless of her reputation or
age.
3. That the offender accomplishes the acts by abuse of authority,
confidence, relationship, or deceit.
154
Act punishable:
By promoting or facilitating the prostitution or corruption of persons
underage to satisfy the lust of another
It is not required that the offender be the guardian or custodian
of the minor.
It is not necessary that the minor be prostituted or corrupted as
the law merely punishes the act of promoting or facilitating the
prostitution or corruption of said minor and that he acted in order to
satisfy the lust of another.
A single act of promoting or facilitating the corruption or
prostitution of a minor is sufficient to constitute violation of this article.
The person liable under Article 341 is the one who maintains or
engages in the trade of prostitution. A white slave is a woman held
unwillingly for purposes of commercial prostitution. A white slaver on
the other hand is one engaged in white slave traffic, procurer of white
slaves or prostitutes.
155
ABDUCTION
156
If the main object of the offender is to rape the victim, and the
forcible abduction was resorted to by the accused in order to facilitate
the commission of the rape, then the crime committed is only rape.
(People vs. Toledo, 83 Phil. 777)
Where the victim was taken from one place to another, solely
for the purpose of killing him and not detaining him for any legal
length of time, the crime committed is murder. (People vs. Ong, 62
SCRA 174)
True intention of the offender should be ascertained. If the
detention is only incidental, the same should be considered as
157
Virginity may be presumed from the fact that the offended party
is unmarried and has been leading a moral life. Virginity or
maidenhood should not be understood in such a matter of fact as to
completely exclude a woman who has had previous sexual
intercourse. If the previous sexual intercourse was the result of the
crime of rape, the intercourse committed with her against he will and
over her violent objection should not render her unchaste and a
woman of bad reputation.
158
159
160
not mention the adulteress in the crime of adultery such that only the
adulterer shall be held civilly liable.
There is likewise no mention of the offender in the crime of acts
of lasciviousness, as being held liable for civil damages under Article
345, the law only mentioned the crimes of rape, seduction and
abduction.
Under Article 2219 of the Civil Code, moral damages may be
recovered in seduction, abduction, rape or other lascivious acts. The
crimes of adultery and concubinage are also included.
In the crimes of rape, abduction and seduction, if the offended
woman had given birth to the child, among the liabilities of the
offender is to support the child. This obligation to support the child
may be true even if there are several offenders. As to whether all of
them will acknowledge the child, that is a different question because
the obligation to support here is not founded on civil law but is the
result of a criminal act or a form of punishment.
It has been held that where the woman who was the victim of
the said crime could not possibly conceive anymore, the trial court
should not provide in its sentence that the accused, in case a child is
born, should support the child. This should only be proper when
there is a probability that the offended woman could give birth to an
offspring.
Requisites:
1. The child must be legitimate;
2. The offender conceals or abandons such child; and
3. The offender has the intent to cause the child to lose its civil
status.
161
The term "civil status" includes one's public station, or the rights,
duties, capacities and incapacities which determine a person to a
given class. It seems that the term "civil status" includes one's
profession.
Nota Bene:
1. The crime does not fall within the category of private crimes that
can be prosecuted only at the instance of the offended party
PUBLIC CRIME
162
163
The law further provides that for accused to be liable under this
article, he should not be guilty of bigamy because otherwise, the
crime punished under Article 350 is deemed absorbed in the bigamy.
164
Malice has been defined as a term used to indicate the fact that
the defamer is prompted by personal ill or spite and speaks not in
response to duty but merely to injure the reputation of the person
defamed.
Kinds of Malice.
Malice in law – This is assumed and is inferred from the defamatory
character of an imputation. The presumption of malice attaches to
the defamatory statement especially if it appears to be insulting
165
per se. The law presumes that the defamer made the imputation
without good intention or justifiable motive.
166
167
Note:
Even though made in connection with or under the pretext that
it is necessary in the narration of any judicial or administrative
proceedings wherein such facts have been mentioned.
With its provisions, Article 357 has come to be known as the
“Gag Law.” It prohibits reporters, editors or managers of newspapers
from publishing articles containing facts connected with the private
life of an individual; facts which are offensive to the honor, virtue and
reputation of persons. But these must refer to facts which are
intimately related to the offended party’s family and home.
Occasionally, it involves conjugal troubles and quarrels because of
infidelity, adultery or crimes involving chastity.
Notes:
168
Notes:
Slander by deed is a defamation committed by the offender
against the complainant through the performance of any act which
casts dishonor, discredit or contempt upon another person.
Slander by deed refers to performance of an act, not use of
words.
169
Distinctions:
a. Unjust Vexation-irritation or annoyance/anything that annoys or
irritates without justification.
b. Slander by Deed-irritation or annoyance + attendant publicity
and dishonor or contempt.
c. Acts of lasciviousness-irritation or annoyance + any of 3
circumstance provided in Art335 of RPC on rape
i. use of force or intimidation
ii. deprivation of reason or rendering the offended unconscious
iii. offended party under 12 yrs of age+lewd designs
INCRIMINATORY MACHINATIONS
ELEMENTS:
1. That the offender performs an act.
2. That by such act he directly incriminates or imputes to an
innocent person the commission of a crime.
3. That such act does not constitute perjury.
Two Kinds:
a. making a statement which is
i. defamatory or
ii. perjurious (if made under oath and is false)
b. planting evidence
170
Notes:
The crime is committed by resorting to any form of scheme or
plot designed to blemish the reputation of a person. The offender
does not employ written or spoken words, pictures or caricatures to
ridicule the victim. Rather, he uses some ingenious, crafty and secret
ploy which produces the same effect.
Intriguing against honor is referred to as gossiping. The
offender, without ascertaining the truth of a defamatory utterance,
repeats the same and passes it on to another, to the damage of the
offended party. Who started the defamatory news is unknown.
Where the source of polluted information can be traced and
pinpointed, and the accused adopted as his own the information he
obtained, and passed it to another in order to cause dishonor to the
complainant’s reputation, the act is Slander and not Intriguing Against
Honor. But where the source or the author of the derogatory
information can not be determined and the accused borrows the
same, and without subscribing to the truth thereof, passes it to others,
the act is one of Intriguing Against Honor.
171
Notes:
Peace officer is exempt if acts done under lawful order of the
court. You can only use the recording for the case for which it was
validly requested.
Information obtained in violation of the Act is inadmissible in
evidence in any hearing or investigation.
172
Quasi-offenses punished:
1. Committing through reckless imprudence any act which, had it
been intentional, would constitute a grave or less grave felony or
light felony;
2. Committing through simple imprudence or negligence an act which
would otherwise constitute a grave or a less serious felony;
3. Causing damage to the property of another through reckless
imprudence or simple imprudence or negligence;
4. Causing through simple imprudence or negligence some wrong
which, if done maliciously, would have constituted a light felony.
173
Nota Bene:
Test of Negligence.
Did the defendant, in doing the alleged negligent act, use the
reasonable care and caution which an ordinary prudent person would
have used in the same situation? If not, then he is guilty of
negligence.
The penalties under Article 365 has no application in the
following cases:
1. When the penalty provided for the offense is equal or lower than
that provided in pars.1 and 2 of Article 365. In this case, the
penalty shall be that which is next lower in degree than that which
should be imposed, in the period which the court may deem
proper to apply.
2. When by imprudence or negligence and with violation of the
Automobile Law, the death of a person is caused, the penalty is
prision correccional in its medium and maximum periods.
174
In the case of People vs. Desalis, et al., C.A., 57 O.G. 8689, the two
accused were drivers of two speeding vehicles which overtook
vehicles ahead of them and even encroached on the other’s lane
without taking due precaution as required by the circumstances. The
court found the concurrent or successive negligent act or omission of
the two drivers as the direct and proximate cause of the injury caused
to the offended party. The court could not determine in what
proportion each driver contributed to the injury. Both were declared
guilty for the injury suffered by the third person.
Emergency rule
An automobile driver, who, by the negligence of another, is
suddenly placed in an emergency and compelled to act instantly to
avoid a collision or injury is not guilty of negligence if he makes a
choice which a person of ordinary prudence placed in such a position
might make even though he did not make the wisest choice.
Doctrine of Preemption
It is a rule in collision cases for the driver of a motor vehicle to make a
full stop when crossing a thru-street. Any accident therefore which
takes place in said corner gives rise to the presumption of negligence
on the part of the driver of the motor vehicle running thru-street has
already reached the middle part of the intersection. In such a case,
the other driver who has the right of way has the duty to stop his
motor vehicle in order to avoid a collision. (People vs. Taradji, 3 C.A.
Rep. [25] 460)
175
176
177