FINAL EXAM COVERAGE

SUBJECT COVERAGE
CRIMLAW II -CRIMINAL NEGLIGENCE (ARTICLE 365)

ELEMENTS (RECKLESS IMPRUDENCE):

1. That the offender does or fails to do an act.
2. That the doing of or the failure to do that act is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of precaution on the part of the
person performing or failing to perform such act taking into
consideration –
a. Employment or occupation.
b. Degree of intelligence, physical condition. And
c. other circumstances regarding persons, time and place.

ELEMENTS (SIMPLE IMPRUDENCE):

1. That there is lack of precaution on the part of the offender.
2. That the damage impending to be caused is not immediate nor
the danger clearly manifest.

• Art 64 relative to mitigating and aggravating circumstances is

not applicable to crimes committed through negligence.

-MURDER (ARTICLE 248)

Unlawful killing of any person which is not parricide or infanticide,

provided. that any of the following circumstances is present:
1. With treachery, taking advantage of superior strength, with the
aid of armed men, or employs means to weaken the defense, or
of means or persons to insure or afford impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, shipwreck, stranding of a
vessel, derailment, or assault upon a railroad, fall of an airship,
by means of motor vehicles, or with the use of any other means
involving great waste and ruin.
4. On occasion of any calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic, or any other public calamity.
5. With evident premeditation.
MOBINA A. CASANGOAN, JD-1C
 6. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim or outraging or scoffing at his person or
corpse. (As amended by R.A. no. 7659)

-HOMICIDE (ARTICLE 249)

• The unlawful killing of any person, which is neither parricide,

murder nor infanticide.
• Intent to kill is conclusively presumed when death results;
evidence of intent to kill is important only in attempted or
frustrated homicide.

ELEMENTS:
1. That a person was killed.
2. That the accused killed him without any justifying circumstance.
3. That the accused had the intention to kill, which is presumed.
4. That the killing was not attended by any of the qualifying
circumstances of murder, or by that of parricide or infanticide.

ACCIDENTAL HOMICIDE - is the death of a person brought about by

a lawful act performed with proper care and skill and without
homicidal intent.
• In all crimes against persons in which the death of the victim is
an element of an offense, there must be satisfactory evidence
of (1) the fact of death and (2) the identity of the victim.

-THEFT (ARTICLE 308 – WHO ARE LIABLE FOR THEFT)

ELEMENTS:
1. That there be taking of personal property
2. That said property belongs to another.
3. That the taking be done with intent to gain
4. That the taking be done without the consent of the owner
5. That the taking be accomplished without the use of violence
against or intimidation of persons or force upon things

THE FOLLOWING ARE LIABLE FOR THEFT:

1. Those who (a) with intent to gain, (b) without violence or
intimidation of persons nor force upon things, (c) take (d)
personal property (e) of another (f) without the latter’s consent.

MOBINA A. CASANGOAN, JD-1C

 2. Those who (a) having found lost property, (b) fail to deliver the
same to the local authorities or to its owner.
3. Those who (a) after having maliciously damaged the property of
another, (b) remove or make use of the fruits or objects of the
damaged caused by them.
4. Those who (a) enter an enclosed estate or a field where (b)
trespass is forbidden, or which belonged to another, and
without the consent of the owner, (c) hunt or fish upon the
same or gather fruits, cereals or other forest or farm products.

• Theft is not a continuing offense.

• What distinguishes THEFT from ROBBERY is that in theft the
offender does not use violence or intimidation or does not enter
a house or building through any of the means specified in Art.
299 or Art. 302 in taking personal property. of another with
intent to gain
• Theft is not limited to an actual finder of lost property who does
not return or deposit it with the local authorities but includes a
policeman to whom he entrusted it and who misappropriated
the same, as the latter is also a finder in law.
• Theft of electricity is also punishable. under RA 7832, the Anti-
Electricity and Electric Transmission Lines/Materials Pilferage Act
of 1994.

-BATTERED WOMAN SYNDROME (RA 9262)

BATTERY- Refers to an act of inflicting physical harm upon the

woman or her child resulting to the physical and psychological or
emotional distress.

BATTERED WOMAN SYNDROME – Refers to a scientifically defined

pattern of psychological and behavioral symptoms found in women
living in battering relationships as a result of cumulative abuse.

BATTERED WOMAN SYNDROME AS A DEFENSE – Victim survivors

who are found by the courts to be suffering from battered woman
syndrome do not incur any criminal and civil liability notwithstanding
the absence of any of the elements for justifying circumstances of
self-defense under the Revised Penal Code.

MOBINA A. CASANGOAN, JD-1C

 -ADULTERY (ARTICLE 333)

ELEMENTS:
1. That the woman is married
2. That she has sexual intercourse with a man not her husband
3. That as regards the man with whom she has sexual intercourse,
he must know her to be married.

• The gist of the crime of adultery is the danger of introducing

spurious heirs into the family, where the rights of the real heirs
may be impaired, and a man may be charged with the
maintenance of a family not his own.
• Adultery is committed even if the marriage is subsequently
declared void.
• Abandonment of the wife by the husband without justification is
only a mitigating circumstance.

REQUIREMENTS OF PARDON
1. must come before the institution of the criminal prosecution.
2. Both offenders must be pardoned.

• Adultery is more severely punished than concubinage.

REASON: Because adultery makes possible the introduction of
another man’s blood into the family so that the offended husband
may have another man’s son bearing his (husband’s) name and
receiving support from him.

-ARSON (ARTICLE 320-326-B REPEALED BY PD 1613 PD

1613-AMENDING THE LAW ON ARSON)

ARSON – when any person burns or sets fire to the property of

another, or his own property under circumstance which expose to
danger the life or property of another.

KINDS OF ARSON
1. Arson (Sec. 1, PD No. 1613)
2. Destructive arson (Art. 320, as amended by RA No. 7659)
3. Other cases of arson (Sec. 3, PD No. 1613)

MOBINA A. CASANGOAN, JD-1C

 DESTRUCTIVE ARSON
Burning of:
1) Any ammunition factory and other establishment were
explosives, inflammable or combustible materials are stored.
2) Any archive, museum, whether public or private, or any edifice
devoted to culture, education, or social services.
3) Any train, airplane, or any aircraft, vessel of watercraft, or
conveyance for transportation of persons or property
4) Any church or place of worship or other building where people
usually assemble.
5) Any building where evidence is kept for use in any legislative,
judicial, administrative, or other official proceeding.
6) Any hospital, hotel, dormitory, lodging house, housing
tenement, shopping center, public or private market, theater or
movie house or any similar place or building.
7) Any building, whether used as a dwelling or not, situated in a
populated or congested area.

OTHER CASES OF ARSON

Burning of:
1. Any building used as offices of the Government or any of its
agencies.
2. Any inhabited house or dwelling
3. Any industrial establishment, shipyard, oil, well or mine shaft,
platform, or tunnel
4. Any plantation farm, pastureland, growing crop or grain field,
orchard, bamboo grove or forest.
5. Any rice mill, sugar mill, cane mill, or mill central.
6. Any railway or bus station, airport, wharf, or warehouse.

SPECIAL AGGRAVATING CIRCUMSTANCES IN ARSON

1. If committed with intent to gain
2. If committed for the benefit of another
3. If the offender be motivated by spite or hatred towards the
owner or occupant of the property burned
4. If committed by a syndicate.

• The offense is committed by a syndicate if it is planned or

carried out by a group of three or more persons.
• If a part of the building commences to burn, the crime is

MOBINA A. CASANGOAN, JD-1C

 consummated arson, however small is the portion burned.
• When there is fire, the crime committed is either frustrated or
consummated arson, never attempted.
• Mere conspiracy to commit arson is punishable.
• There is no complex crime of arson with homicide.

-DIRECT BRIBERY (ARTICLE 210)

PUNISHABLE ACTS:
1. By agreeing to perform, or by performing in consideration of
any offer, promise, gift or present, an act constituting a crime,
in connection with the performance of official duties.
2. By accepting a gift in consideration of the execution of an act
which do not constitute a crime, in connection with the
performance of his official duty.
3. By agreeing to refrain, or by refraining, from doing something
which it is his official duty to do, in consideration of a gift or
promise.

ELEMENTS OF DIRECT BRIBERY:

1. That the offender be a public officer
2. That the offender accepts an offer or a promise or receives a
gift or present by himself or through another
3. That such an offer or promise be accepted, or gift or present
received by the public officer.
a) with a view to committing some crime; or
b) in consideration of the execution of an act which does not
constitute a crime, but the act must be unjust; or
c) to refrain from doing something which it is his official duty to
do.
4. That the act which the offender agrees to perform or which he
executes be connected with the performance of his official
duties.

• For the purpose of punishing bribery, the temporary

performance of public functions is sufficient to constitute a
person a public officer.

MOBINA A. CASANGOAN, JD-1C

 -RAPE BY SEXUAL ASSAULT (ARTICLE 266-A. THE ANTI-RAPE
LAW. RA 8353)

CLASSIFICATION OF RAPE
1. Traditional Rape under Art. 335
2. Sexual Assault under R.A. 8353

HOW RAPE IS COMMITTED:

1. By a man who shall have carnal knowledge of a woman under
any of the following circumstances:
a. Through force, threat, or intimidation.
b. When the offended party is deprived of reason or otherwise
unconscious
c. By means of fraudulent machinations or grave abuse of
authority
d. When the offended party is under twelve (12) years of age or is
demented, even though none of the circumstances mentioned
above be present.
2. By any person who, under any of the circumstances mentioned
in paragraph 1 hereof, shall commit an act of sexual assault by
inserting his penis into another person’s mouth or anal orifice of
another person.

• Under R.A. 8353, the crime of rape can now be committed by a

male or a female.
• There is no crime of frustrated rape. The slightest penetration
or mere touching of the genitals consummates the crime of
rape.

-ART. 266-B QUALIFIED RAPE:

PUNISHABLE BY DEATH

1. . When the victim is under 18 years of age and the offender is a

parent, ascendant, stepparent, guardian, relative by
consanguinity or affinity within the third civil degree, or the
common law spouse of the parent of the victim.
2. When the victim is under the custody of the police or military
authorities or any law enforcement or penal institution.
3. When the rape is committed in full view of the spouse, parent,

MOBINA A. CASANGOAN, JD-1C

 or any of the children or other relatives within the third civil
degree of consanguinity.
4. When the victim is a religious engaged in legitimate religious
vocation or calling and is personally known to be such by the
offender before or at the time of the commission of the crime.
5. When the victim is a child below 7 years old.
6. When the offender knows that he is afflicted with HIV/AIDS, or
any other sexually transmissible disease and the virus or
disease is transmitted to the victim.
7. When committed by any member of the AFP or para-military
units thereof of the PNP or any law enforcement agency or
penal institution, when the offender took advantage of his
position to facilitate the commission of the crime.

-RAPE (RA 11648)

-CASE (BONUS QUESTION)

CRIMES AGAINTS PERSONS (PARRICIDE)

QUESTION:
Belle saw Gaston stealing the prized cock of a neighbor and reported
him to the police. Thereafter, Gaston, while driving a car, saw Belle
crossing the street. Incensed that Belle had reported him, Gaston
decided to scare her by trying to make it appear that he was about to
run her over. He revved the engine of his car and drove towards her,
but he applied the brakes. Since the road was slippery at that time,
the vehicle skidded and hit Belle causing her death. What is the
liability of Gaston? Why? (2005 BAR)

ANSWER:
Gaston is criminally liable for homicide in doing the felonious act
which caused Belle’s death, although the penalty therefor shall be
mitigated by lack of intention to commit so grave a wrong as that
committed (Art. 13 [3], RPC). The act having been deliberately done
with malice, is felonious and being the proximate cause of Belle’s
death, brings about criminal liability although the wrong done.
CONSTILAW II -SECTION 12 TO SECTION 22, ARTICLE 3 OF THE BILL OF
RIGHTS

MOBINA A. CASANGOAN, JD-1C

 -THE PEOPLE OF THE PHILIPPINES VS. WILLY OBSANIA, G.R.
NO. L-24447, JUNE 29, 1968

RULING OF THE COURT:

A rape case is remanded to the Court of First Instance of Pangasinan
after the trial court dismisses it for failure to allege "lewd designs,"
but the Supreme Court rules that such allegation is not necessary and
overturns the dismissal, remanding the case for further proceedings.

"Lewd designs" is not necessary to allege in a complaint for rape. The

accused is estopped from pleading double jeopardy due to the
dismissal being ordered by the trial judge upon the motion of the
accused.

-WHAT CRIMES CAN BE CHARGED IN A CORPPORATION?

QUESTION:
Corporation x was charged with illegal recruitment on a large scale
resolving to economic sabotage and they are deemed/asked to
present documents. can they invoke the right against self-
incrimination? What crimes can be charged in a corporation?

ANSWER:
RIGHT AGAINST SELF-INCRIMINATION:
o The right against self-incrimination allows individuals to
refuse to answer questions or provide evidence that may
implicate themselves in a crime.
o However, this right generally applies to natural
persons (individuals) rather than corporations.
o Corporations do not have personal rights like individuals
do, so they cannot invoke the right against self-
incrimination in the same way.
o Instead, corporations must comply with legal processes,
including presenting documents and cooperating with
investigations.

LEGAL RESEARCH -LEGAL OPINION ON BANGSAMORO ELECTORAL CODE

AND WRITING

MOBINA A. CASANGOAN, JD-1C

CIVPRO I -RULE 10 TO 39
OBLICON -ALL ABOUT CONTRACTS

CONTRACT – A contract is a meeting of minds between two persons

whereby one binds himself, with respect to the other, to give
something or to render some service. [Art. 1305]

3 ESSENTIAL REQUISITES/ ELEMENTS (ARTICLE 1318-1355)

1. Consent of the contracting parties.

REQUISITES:
• It must be manifested by the concurrence of the offer and
acceptance [Arts. 1319-1326]
• The contracting parties must possess the necessary legal
capacity [Arts. 1327-1329]
• It must be intelligent, free, spontaneous, and real (not vitiated)
[Arts.1330-1346] Vices of consent:
➢ Violence
➢ Intimidation
➢ Mistake
➢ Fraud
➢ Undue Influence

2. Object certain which is the subject matter of the contract.

REQUISITES:
• Lawful: Not contrary to law, morals, good customs, public
order, or public policy
• Actual or possible
• Transmissible: Within the commerce of man
• Determinate or determinable

3. Cause of the obligation which is established.

REQUISITES:
• Existing
• Lawful
• True

-BASIC PRINCIPLE/ CHARACTERISTICS

1. Mutuality of Contracts
2. Autonomy/Liberty of Contracts

MOBINA A. CASANGOAN, JD-1C

 3. Relativity of Contracts
4. Consensuality of Contracts
5. Obligatory Force of Contracts

-CLASSIFICATIONS
1. According to Perfection
2. According to relation to other contract
3. According to parties obliged.
4. According to name.
5. According to Risks
6. According to Cause
7. According to Binding Force

-DEFECTIVE CONTRACTS AND REMEDY (ARTICLE 1380-1422)

• RESCISSIBLE
• VOIDABLE
• UNENFORCEABLE
• VOID

-INTERPRETATION OF CONTRACTS (ARTICLE 1370-1379)

INTERPRETATION – is the act of making intelligible that was not

before understood, ambiguous, or not obvious.

INTENTION ALWAYS PREVAIL

• The intention of the parties always prevails over the words that
appear in the instrument of a contract. [Art. 1370]
• In judging the intention, subsequent acts of parties are
considered [Art. 1371]

ARTICLE 1372
• However general the terms of a contract may be, they shall not
be understood to comprehend things that are distinct and cases
that are different from those upon which the parties intended to
agree.

ARTICLE 1373
• If some stipulation of any contract should admit of several
meanings, it shall be understood as bearing that import which is

MOBINA A. CASANGOAN, JD-1C

 most adequate to render it effectual.

ARTICLE 1374
• The various stipulations of a contract shall be interpreted
together, attributing to the doubtful ones that sense which may
result from all of them taken jointly.

ARTICLE 1375
• Words which may have different significations shall be
understood in that which is most in keeping with the nature and
object of the contract.

ARTICLE 1376
• The usage or custom of the place shall be borne in mind in the
interpretation of the ambiguities of a contract and shall fill the
omission of stipulations which are ordinarily established.

ARTICLE 1377
• The interpretation of obscure words or stipulations in a contract
shall not favor the party who caused the obscurity.

ARTICLE 1378
• When it is absolutely impossible to settle doubts by the rules
established in the preceding articles, and the doubts refer to
incidental circumstances of a gratuitous contract, the least
transmission of rights and interests shall prevail. If the contract
is onerous, the doubt shall be settled in favor of the greatest
reciprocity of interests.
• If the doubts are cast upon the principal object of the contract
in such a way that it cannot be known what may have been the
intention or will of the parties, the contract shall be null and
void.

-STAGES
• PREPARATION/CONCEPTION – Preparatory steps to perfect
contract
• PERFECTION/BIRTH – meeting of minds between 2 contracting
parties
• CONSUMMATION/TERMINATION – terms of contract are
performed, and contract is fully executed.

MOBINA A. CASANGOAN, JD-1C

 -VICES OF CONSENT
• Fraud
• Intimidation
• Violence

-OPTION MONEY VS EARNEST MONEY

CATEGORY: CHAPTER 2: ESSENTIAL REQUISITES OF CONTRACTS

ARTICLE 1324 - When the offerer has allowed the offeree a certain
period to accept, the offer may be withdrawn at any time before
acceptance by communicating such withdrawal, except when the
option is founded upon a consideration, as something paid or
promised. (n)

OPTION – contract granting a person the privilege, to buy or not.

to buy, certain objects at any time within the agreed period, at a
fixed price.

OPTION CONTRACT – An option is preparatory contract in which one

party grants to another, for a fixed period and at a determined price,
the privilege to buy or sell, or to decide whether or not to enter into a
principal contract. It is a separate and distinct contract from that
which the parties may enter into upon the consummation of the
option. It must be supported by a consideration distinct from the
price.

GENERAL RULE: If the offerer has allowed the offeree a certain

period to accept, the offer may be withdrawn at any time before
acceptance by communicating such withdrawal.

EXCEPTION: When the option if found upon a consideration as

something paid or promised.

EXAMPLE:
B is interested in buying a particular car from S. S said the
price is P2000. B, however, could not make up his mind whether to
buy or not. S gave 1 week to B. Before the week is over, S withdraw
the offer. If B gave P500 to S in consideration for the option, S

MOBINA A. CASANGOAN, JD-1C

 cannot withdraw the offer to sell until after the expiration of the 1-
week period.

PERFECTED CONTRACT OF OPTION – it is not perfected unless there

is a meeting of minds on the option. Thus, an offer to grant an
option, even if founded on a discreet cause or consideration, may
itself be withdrawn before the acceptance of the offer of an option.

EXAMPLE: if S had offered TO GRANT B a week’s time if B would

give S P500, S can still withdraw the offer of option before B signifies
his acceptance to the offer option.

OPTION MONEY

WHAT IS THE EFFECT OF FAILURE TO DETERMINE THE PRICE?

• Where contract is executory – ineffective.
• Where the thing has been delivered to and appropriated by the
buyer – the buyer must pay a reasonable price therefore Note:
The fixing of the price cannot be left to the discretion of one of
the parties. However, if the price fixed by one of the parties is
accepted by the other, the sale is perfected.

WHAT IS AN OPTION MONEY?

• The distinct consideration in case of an option contract. It does
not form part of the purchase price; hence, it cannot be
recovered if the buyer did not continue with the sale.

WHEN IS PAYMENT CONSIDERED OPTION MONEY?

• Payment is considered option money when it is given as a
separate and distinct consideration from the purchase price.
Consideration in an option contract may be anything or
undertaking of value.

EARNEST MONEY

WHAT IS AN EARNEST MONEY OR “ARRAS”?

• This is the money given to the seller by the prospective buyer to
show that the latter is truly interested in buying the property,
and its aim is to bind the bargain. (Pineda, p. 75)

MOBINA A. CASANGOAN, JD-1C

 WHAT IS THE EFFECT OF GIVING AN EARNEST MONEY?
• It forms part of the purchase price which may be deducted from
the total price. It also serves as a proof of the perfection of the
contract of sale. The rule is no more than a disputable
presumption and prevails only in the absence of contrary or
rebuttable evidence. (PNB v CA, 262 SCRA 464, 1996)

Note: Option money may become earnest money if the parties so

agree.

WHEN IS PAYMENT CONSIDERED AN EARNEST MONEY?

• When the payment constitutes as part of the purchase price.
Hence, in case when the sale did not happen, it must be
returned to the prospective buyer.

MOBINA A. CASANGOAN, JD-1C