Finals Criminal Law

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Title I: General Principles 3.

Gambling: Regulations pertaining to illegal


gambling activities, including betting, wagering,
1. Principles of Criminal Liability: Definitions of
and operating unlicensed gambling
key legal concepts such as actus reus, mens
establishments.
rea, and legal capacity.
2. Criminal Responsibility: Provisions outlining
when individuals can be held criminally
Title VI: Miscellaneous Offenses
responsible for their actions, including principles
of complicity and accomplice liability. 1. Traffic and Motor Vehicle Offenses:
3. Justification and Excuse: Explanation of Regulations concerning violations of traffic laws,
circumstances under which criminal conduct including speeding, reckless driving, and driving
may be justified or excused, such as self- under the influence of alcohol or drugs.
defense, necessity, or duress. 2. Environmental Offenses: Provisions
addressing acts that harm the environment,
Title II: Crimes Against Persons
such as pollution, illegal dumping, and
1. Homicide: Definitions and penalties for various destruction of natural habitats.
forms of unlawful killing, including murder, 3. Computer and Internet Crimes: Regulations
manslaughter, and negligent homicide. pertaining to offenses involving computer
2. Assault and Battery: Provisions regarding the hacking, cyber fraud, identity theft, and other
unlawful threat or use of force against another forms of online criminal activity.
person, ranging from simple assault to
Title VII: Penalties and Sentencing
aggravated assault.
3. Sexual Offenses: Regulations concerning 1. Classification of Offenses: Categorization of
sexual assault, rape, statutory rape, sexual crimes into different classes or degrees based
abuse, and related offenses. on their severity.
2. Penalties: Prescribed punishments for each
Title III: Crimes Against Property
class of offense, including fines, imprisonment,
1. Theft: Definitions and penalties for offenses probation, community service, and restitution.
involving the unlawful taking or appropriation of 3. Sentencing Guidelines: Guidelines for judges
another person's property, including theft, to consider when imposing sentences, taking
robbery, burglary, and embezzlement. into account factors such as the nature and
2. Fraud and Deception: Regulations pertaining severity of the offense, the defendant's criminal
to offenses involving deceit, misrepresentation, history, and mitigating or aggravating
forgery, and other fraudulent activities. circumstances.
3. Property Damage: Provisions regarding
Crimes Against Persons:
vandalism, arson, and other acts causing
damage to property. • Homicide: The killing of a human being by
another, whether through direct assault,
Title IV: Crimes Against Public Order
unintentional harm, or reckless disregard for
1. Public Order Offenses: Regulations human life.
concerning offenses that disrupt public peace • Murder: The unlawful killing of another person
and order, such as disorderly conduct, rioting, with malice aforethought.
and public intoxication. • Parricide: The killing of one's parent, child, or
2. Weapons Offenses: Prohibitions on the spouse.
unlawful possession, use, or trafficking of • Infanticide: The killing of an infant by the
firearms and other dangerous weapons. mother who gave birth to it, provided that the
3. Terrorism and Related Offenses: Provisions mother is still in a state of lactation.
addressing acts of terrorism, including the • Physical Injuries: The infliction of harm or
financing, planning, and execution of terrorist injury upon another person, resulting in physical
activities. pain or impairment.
Title V: Crimes Against Morality and Decency Crimes Against Property:
1. Prostitution and Vice: Regulations concerning • Theft: The taking of someone else's property
activities related to prostitution, solicitation, and without consent and with the intent to
the operation of brothels or other permanently deprive the owner of it.
establishments for immoral purposes. • Robbery: The taking of property from another
2. Obscenity and Pornography: Prohibitions on person's possession through force or
the production, distribution, or possession of intimidation.
obscene materials, including child pornography.
• Estafa (Swindling): The deceitful taking of detained persons to proper judicial authorities
another person's property or money by means within specific timeframes.
of false pretenses or fraudulent acts. • Delaying release: Penalties are imposed for
• Malicious Mischief: The willful destruction or delaying the release of a prisoner or detention
damage to another person's property. prisoner as ordered by the judiciary.
• Arson: The willful and malicious burning of • Expulsion: Penalties are imposed upon any
another person's property or any public or public officer who expels or compels a person to
private structure. change residence without authorization.
Section Two: Violation of Domicile
Crimes Against Public Order: • Violation of domicile: Penalties are imposed
upon any public officer who enters a dwelling
• Treason: The betrayal of one's country by
without judicial authorization or refuses to leave
giving aid or comfort to its enemies.
when required.
• Rebellion: The uprising against the government
• Search warrants maliciously obtained and
or its authority.
abuse in the service of those legally
• Sedition: The incitement of resistance or obtained: Penalties are imposed upon public
rebellion against the government or lawful officers who maliciously obtain search warrants
authority. or abuse their authority in executing such
• Illegal Possession of Firearms and warrants.
Ammunition: The possession of firearms or • Searching domicile without witnesses:
ammunition without the necessary licenses or Penalties are imposed upon a public officer who
permits. searches a domicile in the absence of
• Public Disorder: Disturbances of the peace, witnesses when such presence is required.
riots, and other acts that disrupt public order.
Section Three: Prohibition, Interruption, and
Crimes Against Chastity: Dissolution of Peaceful Meetings
• Rape: The act of sexual intercourse with a • Prohibition, interruption, and dissolution of
person without their consent, often through peaceful meetings: Penalties are imposed
force, intimidation, or deception. upon any public officer who prohibits, interrupts,
• Acts of Lasciviousness: Lewd or lascivious or dissolves peaceful meetings without legal
acts committed upon the person of another grounds. Section Four: Crimes Against
without their consent. Religious Worship
• Adultery and Concubinage: Marital infidelity • Interruption of religious worship: Penalties
committed by a married person or the keeping are imposed upon any public officer who
of a mistress by a married man. prevents or disturbs religious ceremonies.
Crimes Against Morals: • Offending the religious feelings: Penalties
are imposed upon anyone who performs acts
• Prostitution: Engaging in sexual activity for offensive to the faithful during religious worship.
money or other forms of compensation.
• Vagrancy: The state of being idle, wandering,
or without visible means of support in public
places.
TITLE I. CRIMES AGAINST NATIONAL
------------------------------------------------------------------ SECURITY AND THE LAW OF NATIONS
------------
Title II. Crimes against Fundamental Laws of
the State 1. Crimes against National Security

Section One: Arbitrary Detention and


Expulsion • Treason – is basically a war crime, it is
• Arbitrary detention: Any public officer punished by the state as a measure of self-
detaining a person without legal grounds shall defense and self-preservation.
face penalties ranging from arresto mayor to • Allegiance – the first element of treason.
reclusion temporal, depending on the duration. This is the obligation of fidelity and
• Delay in the delivery of detained persons: obedience which the individuals owe to the
Penalties are imposed for failure to deliver government under which they live or to
their sovereign, in return for the protection crime not against any particular State but against
they receive. all mankind. It may be punished in the competent
• Adherence – to the enemy means an tribunal of any country where the offender may be
intent to betray. found or into which he may be carried.
• Aid or comfort – means an act which
• Mutiny – It is the unlawful resistance to a
strengthens or tends to strengthen the
superior officer, or the raising of Commotions and
enemy in the conduct of war against the disturbances on board a ship against the
traitor’s country and an act which weakens authority of its Commander.
or tends to weaken the power of the
traitor’s country to resist or to attack the
enemy. Philippine Waters – All bodies of water.
• Espionage – is the offense of gathering,
transmitting, or losing Information Vessel – Any vessel or watercraft used for
respecting the national defense with intent transport of passengers and cargo from one
or reason to Believe that the information place to another through Philippine Waters. It
shall include all kinds and types of vessels or
boats used in fishing.
2. Crimes against the Law of Nations
• Inciting to War or Giving Motives for Any person who aids or protects pirates or abets
Reprisals – This crime is committed in the commission Of piracy shall be considered as
times of peace. The intention of the an accomplice.
offender is immaterial. The law considers
the effects produced by the acts of the Double Jeopardy – When a person has been
accused. prosecuted under a provision of this Act, upon a
• Neutrality – The crime of inciting to war or valid complaint or information or other formal
giving motives for reprisals is committed In charge sufficient in form and substance to sustain
a conviction and after the accused had pleaded to
time of peace.
the charge, the acquittal of the accused or the
• Correspondence with hostile country. dismissal of the case shall be a bar to another
— Any Person, who in time of war, shall prosecution for any offense or felony which is
have correspondence with An enemy necessarily included in the offense charged under
country or territory occupied by enemy this Act.
troops .

ARBITRARY DETENTION – They are called


• Treason Correspondence – This is crimes against the fundamental laws of the State,
communication by means of letters which pass because they violate certain provisions of the Bill
between those who have friendly or business of Rights (Article III) of the 1987 Constitution.
relations.
Arbitrary detention. — Any public officer or
• High Seas – It does not mean that the crime be Employee who, without legal grounds, detains a
committed beyond the three-mile Limit of any person
state.

• Piracy – This is robbery or forcible depredation The commission of a crime, or violent insanity or
on the high seas, without lawful authority and any other ailment requiring the compulsory
done with animo furandi and in the spirit and confinement of the patient in a hospital, shall be
intention of universal hostility. considered legal grounds for the detention of any
person.
Is qualified piracy when the crime was
accompanied by rape and The offenders Detention is defined as the actual confinement of
abandoned their victims without means of saving a person in an enclosure, or in any manner
Themselves. detaining and depriving him of his liberty.

• Qualified piracy – is a special complex crime Arrest without warrant is the usual cause of
punishable by reclusion Perpetua to death, arbitrary detention.
regardless of the number of victims. Warrantless arrest may be legal:
1. In-Flagrante Delicto Arrests
• Jurisdiction – The jurisdiction of piracy unlike 2. Hot Pursuit Arrests:
all other crimes has no territorial limits. Pirates 3. Arrests of Escaped Prisoners:
are in law hostes humani generis. Piracy is a
4. Arrest of a Person who Voluntarily directed against duly constituted authorities of the
Surrendered: Republic of the Philippines.
5. Lawful Arrests during Checkpoints:
DISLOYALTY OF PUBLIC OFFICERS OR
Probable cause can be defined as such facts EMPLOYEES
and circumstances which could lead a reasonable
discreet and prudent man to believe that an Organizing a group of soldiers, soliciting
offense has been committed and that the object membership in, and soliciting funds from the
sought in connection with the offense are in the people for, the organization, show conspiracy to
place sought to be searched. overthrow the Government.

Sedition — How committed. — The crime of


Arbitrary detention thru imprudence – The sedition is committed by persons who rise publicly
crime of arbitrary detention can be committed and tumultuously in order to attain by force,
through imprudence. (Unwise, fail) intimidation, or by other means outside of legal
methods, is the raising of commotions or
Expulsion. — The penalty of prision correccional. disturbances in the State.
Shall be imposed upon any public officer or
employee who, not being thereunto authorized by Direct assaults. — Any person or persons who,
law, shall expel any person from the Philippine without a public uprising, shall employ force or
Islands or shall compel such person to change intimidation for the attainment of any of the
his residence. purposes enumerated in defining the crimes of
rebellion and sedition, or shall attack, employ
force, or seriously intimidate or resist any person
Violation of domicile by entering a dwelling in authority or any of his agents, while engaged in
against the will of the owner thereof or making the performance of official duties, or on occasion
search without previous consent of the owner. of such performance,

A search warrant is an order in writing issued in Indirect assaults. — shall be imposed upon any
the name of the people of the Philippines, signed person who shall make use of force or
by a judge and directed to a peace officer, intimidation upon any person coming to the aid of
commanding him to search for personal property the authorities or their agents on occasion of the
described therein and bring it before the court. commission of any of the crimes defined in the
next preceding article.

Validity of search warrant – A search warrant


shall be valid for ten (10) days from its date. Any person directly vested with jurisdiction,
whether as an individual Or as a member of some
Rebellion or insurrection – The crime of court or governmental corporation, board, or
rebellion or insurrection is committed by rising Commission, shall be deemed a person in
publicly and taking arms against the Government authority.
for the purpose of removing from the allegiance to
said Government or its laws. Tumultuous – The disturbance or interruption
shall be deemed to be tumultuous if caused by
more than three persons who are armed or
The term “rebellion” is more frequently used provided with means of violence.
where the object of the movement is completely
to overthrow and supersede the existing
government; while the term “insurrection” is more The term “charivari” includes a medley of
commonly employed in reference to a movement discordant voices, a mock serenade of discordant
which seeks merely to effect some change of noises made on kettles, tins, horns, etc.,
minor. designed to annoy and insult.

The crime of rebellion or of inciting it is by nature Evasion of service of sentence – shall be


a crime of masses, of a multitude. It is a vast imposed upon any convict who shall evade
movement of men and a complex net of intrigues service of his sentenc e by escaping during the
and plots. term of his imprisonment by reason of final
judgment.

Coup d’etat — How committed. — The crime of


coup d’etat is a swift attack, accompanied by Quasi-recidivism – is a special aggravating
violence, intimidation, threat, strategy or stealth, circumstance where a Person, after having been
convicted by final judgment, shall commit a new
Felony before beginning to serve such sentence, Unless the act Be one of those coming under the
or while serving the same. He shall be punished provisions of any of the Preceding articles, any
by the maximum period of the penalty prescribed person who shall knowingly us e or Have in his
by Law for the new felony. possession, with intent to us e any of the false or
Falsified instruments referred to in this section,
Counterfeiting the great seal of the shall suffer The penalty next lower in degree than
Government Of the Philippine Islands, forging that prescribed in said Articles.
the signature or stamp of the Chief Executive
— Shall Be imposed upon any person who shall Falsification of legislative documents. — shall be
forge the Great Seal Signature Of the imposed upon any Person who, without proper
Government of the Philippine Islands or the authority therefor, alters any Bill, resolution, or
signature Or stamp of the Chief Executive. ordinance enacted or approved or pending
Approval by either House of the Legislature or
any provincial Board or municipal council.
Using forged signature or counterfeit seal or
Stamp. — Any person who shall knowingly make
us e of the counterfeit Seal or forged signature or Falsification by public officer, employee or Notary
stamp mentioned in the preceding Article. or ecclesiastical minister.

Making and importing and uttering false coins – Falsification by private individuals and use of
Any person who makes, imports, or utters false Falsified documents. — shall be imposed upon:
coins, in Connivance with counterfeiters or Any private individual who shall commit any of the
importers, Falsifications enumerated in the next preceding
article in Any public or official document or letter
of exchange or any Other kind of commercial
Mutilation of coins — Importation and utterance document;
Of mutilated coins. — shall be Imposed upon any
person who shall mutilate coins of the legal
Currency of the (United States or of the) Public document — a document created,
Philippine Islands Or import or utter mutilated executed or issued by a public Official in
current coins, in connivance With the mutilator or response to the exigencies of the public service,
importer. or in the Execution of which a public official
intervened.
Selling of false or mutilated coin, without
Connivance. — Any person who knowingly, Official document — a document which is
although without The connivance mentioned in issued by a public official In the exercise of the
the preceding articles, shall Possess false or functions of his office. An official document is Also
mutilated coin with intent to utter the same, Or a public document. It falls within the larger class
shall actually utter such coin, shall suffer a called public Documents.
penalty lower By one degree than that prescribed
in said articles.
Private document – a deed or instrument
Forging treasury or bank notes or other executed by a private person Without the
documents payable to bearer; importing, and intervention of a notary public or other person
uttering such false Or forged notes and legally Authorized, by which document some
documents. — The forging or falsification Of disposition or agreement is Proved, evidenced or
treasury or bank notes or certificates or other set forth.
obligations And securities payable to bearer and
the importation and Uttering in connivance with
forgers or importers of such false or forged Commercial document — any document
obligations or notes, shall be punished as defined and regulated by the Code of Commerce.
Follows: Commercial documents are documents or
instruments used by Merchants or businessmen
Counterfeiting, importing, and uttering to promote or facilitate trade.
Instruments not payable to bearer. — Any person
who shall Forge, import, or utter, in connivance Manufacturing and possession of instruments
with the forgers Or importers, any instrument Or implements for falsification. —shall be
payable to order or other Document of credit not imposed upon any person Who shall make or
payable to bearer, introduce into the Philippine Islands any Stamps,
dies, marks, or other instruments or implements
Intended to be used in the commission of the
Illegal possession and use of false treasury or offenses of Counterfeiting or falsification
Bank notes and other instruments of credit. —
mentioned in the preceding Sections of this false testimony and shall suffer the Respective
chapter. penalties provided in this section.

Usurpation of authority or official functions.


Any person who shall knowingly and falsely Machinations in public auctions. — Any person
represent Himself to be an officer, agent, or Who shall solicit any gift or promise as a
representative of any Department or agency of consideration for Refraining from taking part in
the Philippine Government or of Any foreign any public auction, and any Person who shall
government, or who, under pretense of official attempt to caus e bidders to stay away from An
Position, shall perform any act pertaining to any auction by threats, gifts, promises, or any other
person in Authority or public officer of the artifice, With intent to cause the reduction of the
Philippine Government or Of any foreign price of the thing Auctioned,
government, or any agency thereof, without Being
lawfully entitled to do so,

Using fictitious name and concealing true


name. Pesos shall be imposed upon any person GENERAL PRINCIPLES
who shall publicly Use a fictitious name for the
purpose of concealing a crime, Evading the Principles of Criminal Liability: Definitions of
execution of a judgment, or causing damage. Any key legal concepts such as actus reus, mens rea,
person who conceals his true name and other and legal capacity.
Personal circumstances shall be punished by
arresto menor Or a fine not to exceed 200 pesos. Criminal Responsibility: Provisions outlining
when individuals can be held criminally
Illegal use of uniforms or insignia. — Who responsible for their actions, including principles
shall publicly and improperly make use of of complicity and accomplice liability.
insignia, Uniforms, or dress pertaining to an office
not held by such Person or to class of persons of
which he is not a member. Justification and Excuse: Explanation of
circumstances under which criminal conduct may
be justified or excused, such as self-defense,
False testimony against a defendant. — Any necessity, or duress.
Person who shall give false testimony against the
defendant In any criminal case CRIMES AGAINST PERSONS

False testimony favorable to the defendant. Homicide: Definitions and penalties for various
Any person who shall give false testimony in favor forms of unlawful killing, including murder,
of the Defendant in a criminal case, manslaughter, and negligent homicide.

Assault and Battery: Provisions regarding the


False testimony in civil cases. — Any person unlawful threat or use of force against another
Found guilty of false testimony person, ranging from simple assault to
aggravated assault.
False testimony in other cases and perjury in
Solemn affirmation. — Shall be imposed upon
any person who, knowingly Making untruthful Sexual Offenses: Regulations concerning sexual
statements and not being included in the assault, rape, statutory rape, sexual abuse, and
Provisions of the next preceding articles, shall related offenses.
testify under Oath, or make an affidavit, upon any
material matter before a Competent person CRIMES AGAINST PROPERTY
authorized to administer an oath in cases In
which the law so requires. Theft: Definitions and penalties for offenses
involving the unlawful taking or appropriation of
another person’s property, including theft,
An affidavit Is a sworn statement in writing; a robbery, burglary, and embezzlement.
declaration in writing, Made upon oath before an
authorized magistrate or officer. Fraud and Deception: Regulations pertaining to
offenses involving deceit, misrepresentation,
Offering false testimony in evidence. — Any forgery, and other fraudulent activities.
Person who shall knowingly offer in evidence a
false witness Or testimony in any judicial or
official proceeding, shall be Punished as guilty of
Property Damage: Provisions regarding Penalties: Prescribed punishments for each class
vandalism, arson, and other acts causing damage of offense, including fines, imprisonment,
to property. probation, community service, and restitution.

CRIMES AGAINST PUBLIC ORDER


Sentencing Guidelines: Guidelines for judges to
Public Order Offenses: Regulations concerning consider when imposing sentences, taking into
offenses that disrupt public peace and order, account factors such as the nature and severity of
such as disorderly conduct, rioting, and public the offense, the defendant’s criminal history, and
intoxication. mitigating or aggravating circumstances.

Weapons Offenses: Prohibitions on the unlawful CRIMES AGAINST PERSONS:


possession, use, or trafficking of firearms and
other dangerous weapons. Homicide: The killing of a human being by
another, whether through direct assault,
unintentional harm, or reckless disregard for
Terrorism and Related Offenses: Provisions human life.
addressing acts of terrorism, including the
financing, planning, and execution of terrorist Murder: The unlawful killing of another person
activities. with malice aforethought.

CRIMES AGAINST MORALITY AND DECENCY


Parricide: The killing of one’s parent, child, or
Prostitution and Vice: Regulations concerning spouse.
activities related to prostitution, solicitation, and
the operation of brothels or other establishments Infanticide: The killing of an infant by the mother
for immoral purposes. who gave birth to it, provided that the mother is
still in a state of lactation.
Obscenity and Pornography: Prohibitions on
the production, distribution, or possession of
obscene materials, including child pornography. Physical Injuries: The infliction of harm or injury
upon another person, resulting in physical pain or
Gambling: Regulations pertaining to illegal impairment.
gambling activities, including betting, wagering,
and operating unlicensed gambling CRIMES AGAINST PROPERTY:
establishments.
Theft: The taking of someone else’s property
without consent and with the intent to
MISCELLANEOUS OFFENSES permanently deprive the owner of it.

Traffic and Motor Vehicle Offenses: Robbery: The taking of property from another
Regulations concerning violations of traffic laws, person’s possession through force or intimidation.
including speeding, reckless driving, and driving
under the influence of alcohol or drugs.
Estafa (Swindling): The deceitful taking of
Environmental Offenses: Provisions addressing another person’s property or money by means of
acts that harm the environment, such as pollution, false pretenses or fraudulent acts.
illegal dumping, and destruction of natural
habitats. Malicious Mischief: The willful destruction or
damage to another person’s property.

Computer and Internet Crimes: Regulations


pertaining to offenses involving computer Arson: The willful and malicious burning of
hacking, cyber fraud, identity theft, and other another person’s property or any public or private
forms of online criminal activity. structure.

PENALTIES AND SENTENCING CRIMES AGAINST PUBLIC ORDER:

Classification of Offenses: Categorization of Treason: The betrayal of one’s country by giving


crimes into different classes or degrees based on aid or comfort to its enemies.
their severity.
Rebellion: The uprising against the government
or its authority.
• Sedition: The incitement of resistance or
rebellion against the government or lawful
authority. VIOLATION OF DOMICILE

• Illegal Possession of Firearms and • Violation of domicile: Penalties are


Ammunition: The possession of firearms imposed upon any public officer who
or ammunition without the necessary enters a dwelling without judicial
licenses or permits. authorization or refuses to leave when
required.
• Public Disorder: Disturbances of the
• Search warrants maliciously obtained
peace, riots, and other acts that disrupt
public order. and abuse in the service of those
legally obtained: Penalties are imposed
CRIMES AGAINST CHASTITY: upon public officers who maliciously obtain
search warrants or abuse their authority in
• Rape: The act of sexual intercourse with a executing such warrants.
person without their consent, often through
force, intimidation, or deception.
• Searching domicile without witnesses:
• Acts of Lasciviousness: Lewd or Penalties are imposed upon a public officer
lascivious acts committed upon the person who searches a domicile in the absence of
of another without their consent. witnesses when such presence is required.

• Adultery and Concubinage: Marital PROHIBITION, INTERRUPTION, AND


infidelity committed by a married person or DISSOLUTION OF PEACEFUL MEETINGS
the keeping of a mistress by a married
man. • Prohibition, interruption, and
dissolution of peaceful meetings:
CRIMES AGAINST MORALS: Penalties are imposed upon any public
officer who prohibits, interrupts, or
• Prostitution: Engaging in sexual activity dissolves peaceful meetings without legal
for money or other forms of compensation. grounds. Section Four: Crimes Against
Religious Worship
• Vagrancy: The state of being idle,
wandering, or without visible means of • Interruption of religious worship:
support in public places. Penalties are imposed upon any public
officer who prevents or disturbs religious
ceremonies.
ARBITRARY DETENTION AND EXPULSION
• Offending the religious feelings:
Penalties are imposed upon anyone who
• Arbitrary detention: Any public officer
performs acts offensive to the faithful
detaining a person without legal grounds
during religious worship.
shall face penalties ranging from arresto
mayor to reclusion temporal, depending on
the duration.

• Delay in the delivery of detained


persons: Penalties are imposed for failure
to deliver detained persons to proper
judicial authorities within specific
timeframes.

• Delaying release: Penalties are imposed


for delaying the release of a prisoner or
detention prisoner as ordered by the
judiciary.

• Expulsion: Penalties are imposed upon


any public officer who expels or compels a
person to change residence without
authorization.

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