6 2020 Up Boc Criminal Law Reviewer.pdf

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TABLE OF CONTENTS CRIMINAL LAW I ...................................................... 1 I. PRINCIPLES OF CRIMINAL LAW ........................... 2 A. GENERAL PRINCIPLES ............................... 2 1. Mala in se and Mala prohibita ................... 2 2. Scope and Characteristics ........................ 3 a. Generality ............................................. 3 b. Territoriality ........................................... 5 c. Prospectivity ......................................... 7 3. Pro Reo Principle ...................................... 7 4. Interpretation of Penal Laws ..................... 7 5. Retroactive Application if Favorable to the Accused ....................................................... 7 B. FELONIES .................................................... 8 1. Criminal Liabilities ..................................... 8 a. Classification of Felonies ...................... 8 b. Aberratio Ictus, Error in Personae and Praeter Intentionem ............................ 13 c. Impossible Crimes .............................. 14 d. Stages of Execution ............................ 15 e. Continuing Crimes .............................. 17 f. Complex Crimes and Composite Crimes ............................................................ 18 2. Circumstances Affecting Criminal Liability .. ................................................................ 21 a. Justifying Circumstances [Art. 11] ...... 21 b. Exempting Circumstances [Art. 12] .... 27 c. Mitigating Circumstances [Art. 13] ...... 32 d. Aggravating Circumstances [Art. 14] .. 41 e. Alternative Circumstances [Art. 15] .... 61 f. Absolutory Causes .............................. 63 3. Persons Liable and Degree of Participation ................................................................ 65 b. Conspiracy and Proposal .................... 72 c. Multiple Offenders ............................... 75 4. Penalties ................................................. 79 a. Imposable Penalties ........................... 80 b. Classification ....................................... 80 c. Duration and Effects ........................... 81 d. Application .......................................... 86 e. Graduation of Penalties ...................... 91 f. Accessory Penalties ........................... 97 5. Execution and Service of Penalties ........ 99 a. Three-Fold Rule ................................ 100 b. Probation Law [P.D. 968, as amended by R.A. 10707] .................................. 101 c. Juvenile Justice and Welfare Act (R.A. 9344, as amended) ........................... 105 d. Republic Act No. 10951 .................... 110 6. Extinction of Criminal Liabilities ............ 112 a. Total Extinction ................................. 112 b. Partial Extinction ............................... 116 c. Compromise and Affidavit of Desistance .......................................................... 118 7. Civil Liabilities Arising from Criminal Cases .............................................................. 118 a. General Rule ..................................... 118 b. What Civil Liability Includes .............. 119 c. Persons Civilly Liable ........................ 122

d. Extinction of Civil Liability .................. 122 e. Special Cases ................................... 122 f. Subsidiary Liability of Other Persons 123 CRIMINAL LAW II ................................................. 125 II. CRIMES UNDER THE REVISED PENAL CODE ...... 126 A. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS [ARTS. 114-123] . 126 1. Chapter I: Crimes against National Security .............................................................. 126 a. Article 114 - Treason ......................... 126 b. Article 115 – Conspiracy and Proposal to Commit Treason ............................... 128 c. Article 116 – Misprision of Treason ... 128 d. Article 117 – Espionage .................... 129 e. Article 118 – Inciting to War or Giving Motives for Reprisals ........................ 129 f. Article 119 - Violation of Neutrality .... 130 g. Article 120 – Correspondence with Hostile Country ................................. 130 h. Article 121 – Flight to Enemy’s Country 130 i. Article 122 – Piracy in General and Mutiny on the High Seas or in Philippine Waters ............................................... 130 j. Article 123 – Qualified Piracy ............ 131 B. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE [ARTS. 124 - 133] .......... 131 1. Chapter I: Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition, Interruption, and Dissolution of Peaceful Meetings and Crimes Against Religious Worship ............ 131 a. Article 124 - Arbitrary Detention ........ 131 b. Article 125 - Delay in the Delivery of Detained Persons to the Proper Judicial Authorities ......................................... 132 c. Article 126 - Delaying Release .......... 133 d. Article 127 – Expulsion ..................... 133 e. Article 128 – Violation of Domicile .... 133 f. Article 129 - Search Warrants Maliciously Obtained and Abuse in the Service of those Legally Obtained .... 134 g. Article 130 - Searching Domicile Without Witnesses ......................................... 134 h. Article 131 - Prohibition, Interruption and Dissolution of Peaceful Meetings ...... 135 i. Article 132 - Interruption of Religious Worship ............................................. 135 j. .... Article 133 - Offending the Religious Feelings ............................................ 135 C. CRIMES AGAINST PUBLIC ORDER [ARTS. 134 - 160] ........................................................... 136 1. Chapter I: Rebellion, Coup d’etat, Sedition, and Disloyalty ................................................ 136 a. Article 134 - Rebellion or Insurrection136 b. Article 134-A - Coup d’État ............... 137 c. Art 135 - Penalty for Rebellion, Insurrection or Coup d’état ........................ 137

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d. Article 136 - Conspiracy and Proposal to Commit Coup d’état, Rebellion or Insurrection 138 e. Article 137 - Disloyalty of Public Officers or Employees ............................................ 138 f. Article 138 - Inciting to Rebellion or Insurrection ............................................... 138 g. Article 139 – Sedition ........................ 139 h. Art. 140 - Penalty for sedition ........... 140 i. Article 141 - Conspiracy to Commit Sedition ..................................................... 140 j. Article 142 - Inciting to Sedition ........ 140 2. Chapter II: Crimes against Popular Representation .............................................. 141 a. Article 143 - Acts Tending to Prevent the Meeting of the Assembly and Similar Bodies 141 b. Article 144 - Disturbance of Proceedings 141 c. Article 145 - Violation of Parliamentary Immunity .................................................... 141 3. Chapter III: Illegal Assemblies and Associations .................................................. 142 a. Article 146 - Illegal Assemblies ......... 142 b. Article 147 - Illegal Associations ....... 143 4. Chapter IV: Assault upon, and Resistance and Disobedience to Persons in Authority and Their Agents .................................................. 143 a. Article 148 - Direct Assaults .............. 143 b. Article 149 - Indirect Assaults ........... 144 c. Article 150 - Disobedience to summons issued by the National Assembly, its Committees or Subcommittees, or divisions 144 d. Article 151 - Resistance and Disobedience to a Person in Authority or the Agents of Such Person. ............................ 145 e. Article 152 - Persons in authority and agents of persons in authority ................... 145 5. Chapter V: Public Disorders .................. 146 a. Article 153 - Tumults and Other Disturbances of Public Order .................... 146 b. Article 154 - Unlawful Use of Means of Publication and Unlawful Utterances ........ 146 c. Article 155 - Alarms and Scandals .... 147 d. Article 156 - Delivering Prisoners from Jail 147 6. Chapter VI: Evasion of Service of Sentence 147 a. Article 157 - Evasion of Service of Sentence ................................................... 148 b. Article 158 - Evasion of Service of Sentence on the Occasion of Disorders, Conflagrations, Earthquakes, or Other Calamities ................................................. 148 c. Article 159 - Other Cases of Evasion of Service of Sentence .................................. 149 7. Chapter VII: Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense ........................................... 149

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a. Article 160 - Commission of another crime during service of penalty imposed for another previous offense - Penalty ............ 149 D. CRIMES AGAINST PUBLIC INTEREST [ARTS. 161-187] ............................................................. 150 1. Chapter I: Forgeries .............................. 150 a. Article 161 – Counterfeiting the Great Seal of the Government of the Philippine Islands, Forging the Signature or Stamp of the Chief Executive ......................................... 150 b. Article 162 – Using Forged Signature or Counterfeit Seal or Stamp ......................... 150 c. Article 163 – Making and Importing and Uttering False Coins .................................. 150 d. Article 164 – Mutilation of Coins ....... 151 e. Article 165 – Selling of False or Mutilated Coin, without Connivance .......... 151 f. Article 166 – Forging Treasury or Bank Notes or Other Documents Payable to Bearer; Importing and Uttering Such False or Forged Notes and Documents ............................... 152 g. Article 167 – Counterfeiting, Importing, and Uttering Instruments Not Payable to Bearer ........................................................ 153 h. Article 168 – Illegal Possession and Use of False Treasury or Bank Notes and Other Instruments of Credit ................................. 153 i. Article 169 – How Forgery is Committed 153 j. Article 170 – Falsification of Legislative Documents ................................................ 154 k. Article 171 – Falsification by Public Officer, Employee or Notary or Ecclesiastical Minister ...................................................... 154 l. Article 172 – Falsification by Private Individual and Use of Falsified Documents 156 m. Article 173 – Falsification of Wireless, Cable, Telegraph and Telephone Messages, and Use of Said Falsified Messages ......... 158 n. Article 174 – False Medical Certificates, False Certificates of Merits of Service, Etc. 158 o. Article 175 – Using False Certificates 158 p. Article 176 – Manufacturing and Possession of Instruments or Implements for Falsification ............................................... 159 2. Chapter II: Other Falsities ..................... 159 a. Article 177 – Usurpation of Authority or Official Functions ....................................... 159 b. Article 178 – Using Fictitious and Concealing True Name ............................. 159 c. Article 179 – Illegal Use of Uniforms and Insignia ...................................................... 160 d. Article 180 – False Testimony Against a Defendant .................................................. 160 e. Article 181 – False Testimony Favorable to the Defendant ........................................ 161 f. Article 182 – False Testimony in Civil Cases ........................................................ 161 g. Article 183 – False Testimony in Other Cases and Perjury in Solemn Affirmation .. 161

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h. Article 184 – Offering False Testimony in Evidence ................................................... 162 3. Chapter III: Frauds ................................ 162 a. Article 185 – Machinations in Public Auctions .................................................... 162 b. Article 186 – Monopolies and Combinations in Restraint of Trade ........... 162 c. Article 187 – Importation and Disposition of Falsely Marked Articles or Merchandise Made of Gold, Silver, or other Precious Metals or their Alloys ............................................ 163 E. CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS [ARTS. 190 TO 194] ......... 163 F. CRIMES AGAINST PUBLIC MORALS ...... 170 1. Chapter I: Gambling and Betting ........... 170 a. ANTI-GAMBLING LAW (PD. 1602 as amended by RA 9287 [ANTI-ILLEGAL NUMBERS GAMES LAW]) ....................... 170 b. INCREASING THE PENALTY FOR ILLEGAL NUMBERS GAMES (PD 9287) . 171 c. Article 196 – Importation, Sale and Possession of Lottery Tickets and Advertisements ......................................... 172 d. Article 197 – Betting in Sports Contests (Repealed by PD 483) ............................... 172 PENALIZING BETTING, GAME FIXING OR POINT-SHAVING AND MACHINATIONS IN SPORT CONTESTS (PD 483) .................. 172 e. Article 198 – Illegal Betting On Horse Races [Repealed by Act. 309, as amended by RA 983] ..................................................... 173 f. Article 199 – Illegal Cockfighting [amended by PD 449] ............................... 173 2. Chapter II: Offenses Against Decency and Good Customs .............................................. 174 a. Article 200 – Grave Scandal ............. 174 b. Article 201 – Immoral Doctrines, Obscene Publications and Exhibitions and Indecent Shows (as amended by PD 960 and 969) 175 c. Article 202 – Vagrants and Prostitutes (as amended by RA 10158) ...................... 175 G. CRIMES COMMITTED BY PUBLIC OFFICERS ........................................................ 176 1. Chapter I: Preliminary Provisions .......... 176 a. Article 203 – Who Are Public Officers176 2. Chapter II: Malfeasance and Misfeasance in Office ......................................................... 177 a. Article 204 – Knowingly Rendering Unjust Judgment; and ............................... 177 b. Article 205 – Judgment Rendered Through Negligence .................................. 177 c. Article 206 – Unjust Interlocutory Order 178 d. Article 207 – Malicious Delay in the Administration of Justice ........................... 178 e. Article 208 – Prosecution of Offenses; Negligence and Tolerance ........................ 179 f. Article 209 – Betrayal of Trust by an Attorney or a Solicitor – Revelation of Secrets 179

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g. Article 210 – Direct Bribery ............... 180 h. Article 211 – Indirect Bribery ............. 181 i. Article 211-A – Qualified Bribery ....... 182 j. Article 212 – Corruption of Public Officials ...................................................... 182 3. Chapter III: Frauds and Illegal Exactions and Transactions ........................................... 183 a. Article 213 – Fraud Against the Public Treasury and Similar Offenses .................. 183 b. Article 214 – Other Frauds ................ 184 c. Art. 215 – Prohibited Transactions .... 184 d. Article 216 – Possession of Prohibited Interest by a Public Officer ........................ 184 4. Chapter IV: Malversation of Public Funds or Property ..................................................... 184 a. Article 217 – Malversation of Public Funds or Property - Presumption of Malversation .............................................. 184 b. Article 218 – Failure of Accountable Officer to Render Accounts ....................... 186 c. Article 219 – Failure of a Responsible Public Officer to Render Accounts Before Leaving the Country .................................. 187 d. Article 220 – Illegal Use of Public Funds or Property ................................................. 187 e. Article 221 - Failure to Make Delivery of Public Funds or Property ........................... 187 f. Article 222 – Officers Included in the Preceding Provisions ................................. 188 5. Chapter V: Infidelity of Public Officers ... 188 a. Article 223 – Conniving With or Consenting to Evasion .............................. 188 b. Article 224 – Evasion through Negligence ................................................ 189 c. Article 225 – Escape of Prisoner under the Custody of a Person Not a Public Officer 189 d. Article 226 – Removal, Concealment, or Destruction of Documents ......................... 190 e. Article 227 – Officer Breaking Seal ... 190 f. Article 228 – Opening of Closed Documents ................................................ 190 g. Article 229 – Revelation of Secrets by an Officer ........................................................ 191 h. Article 230 – Public Officers Revealing Secrets of Private Individuals .................... 191 6. Chapter VI: Other Offenses or Irregularities by Public Officers ........................................... 192 a. Article 231 – Open Disobedience ..... 192 b. Article 232 – Disobedience to the Order of Superior Officer When Said Order Was Suspended by Inferior Officer .................... 192 c. Article 233 – Refusal of Assistance .. 192 d. Article 234 – Refusal to Discharge Elective Office ........................................... 192 e. Article 235 – Maltreatment of Prisoners 193 f. Article 236 – Anticipation of Duties of a Public Officer ............................................. 193 g. Article 237 – Prolonging Performance of Duties and Powers .................................... 194

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h. Article 238 – Abandonment of Office or Position ..................................................... 194 i. Article 239 – Usurpation of Legislative Powers ...................................................... 194 j. Article 240 – Usurpation of Executive Functions ................................................... 194 k. Article 241 – Usurpation of Judicial Functions ................................................... 195 l. Article 242 – Disobeying Request for Disqualification .......................................... 195 m. Article 243 – Orders or Request by Executive Officer to Any Judicial Authority 195 n. Article 244 – Unlawful Appointments 195 o. Article 245 – Abuses Against Chastity 195 H. CRIMES AGAINST PERSONS ................. 196 1. Chapter I: Destruction of Life ................ 196 a. Article 246 – Parricide ....................... 196 b. Article 247 – Death or Physical Injuries Under Exceptional Circumstances ............ 197 c. Article 248 – Murder ......................... 197 d. Article 249 – Homicide ...................... 198 e. Article 250 - Penalty for Frustrated Parricide, Murder or Homicide .................. 199 f. Article 251 - Death Caused in Tumultuous Affray ..................................... 199 g. Article 252 - Physical Injuries Caused in Tumultuous Affray ..................................... 200 h. Article 253 - Giving Assistance to Suicide ...................................................... 200 i. Article 254 - Discharge of Firearms .. 200 j. Article 255 – Infanticide .................... 201 k. Article 256 - Intentional Abortion ....... 202 l. Article 257 - Unintentional Abortion .. 202 m. Article 258 - Abortion Practiced by the Woman Herself or by Parents ................... 203 n. Article 259 - Abortion by a Physician or Midwife and Dispensing of Abortives ........ 203 o. Article 260 - Responsibility of Participants in a Duel ................................ 204 p. Article 261 - Challenging to a Duel ... 204 2. Chapter II: Physical Injuries .................. 204 a. Article 262 – Mutilation ..................... 204 b. Article 263 - Serious Physical Injuries 205 c. Article 264 - Administering Injurious Substances or Beverages ......................... 206 d. Article 265 - Less Serious Physical Injuries ....................................................... 206 e. Article 266 - Slight Physical Injuries and Maltreatment ............................................. 207 3. Chapter III : Rape .................................. 208 a. Article 266 - A – Rape (as amended by RA 8353) ................................................... 208 b. Article 266 - B – Qualified Rape ....... 210 c. Art. 266 - C - Effect of Pardon .......... 210 d. Art. 266 - D - Presumptions .............. 211 I. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY ................................................ 211 1. Chapter I: Crimes Against Liberty ......... 211

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a. Article 267 - Kidnapping and Serious Illegal Detention ......................................... 211 b. Article 268 - Slight Illegal Detention .. 212 c. Article 269 - Unlawful Arrest ............. 213 d. Article 270 - Kidnapping and Failure to Return a Minor ........................................... 213 e. Article 271 - Inducing a Minor to Abandon His Home ................................... 214 f. Article 272 – Slavery ......................... 214 g. Article 273 - Exploitation of Child Labor 214 h. Article 274 - Services Rendered Under Compulsion in Payment of Debt ................ 214 2. Chapter II: Crimes Against Security ...... 215 a. Article 275 - Abandonment of Persons in Danger and Abandonment of Own Victim . 215 b. Article 276 - Abandoning a Minor ...... 215 c. Article 277 - Abandonment of Minor by Person Entrusted With Custody; Indifference of Parents .................................................. 216 d. Article 278 - Exploitation of Minors ... 216 e. Article 279 – Additional Penalties for Other Offenses .......................................... 217 f. Article 280 - Qualified Trespass to Dwelling ..................................................... 217 g. Article 281 - Other Forms of Trespass 219 h. Article 282 - Grave Threats ............... 219 i. Article 283 - Light Threats ................. 220 j. Article 284 - Bond for Good Behavior 220 k. Article 285 – Other Light Threats ...... 221 l. Article 286 - Grave Coercions ........... 221 m. Article 287 - Light Coercions ......... 222 n. Article 288 - Other Similar Coercions 222 o. Article 289 - Formation, Maintenance, and Prohibition of Combination of Capital or Labor through Violence or Threats (repealed by Labor Code) .......................................... 223 3. Chapter III: Discovery and Revelation of Secrets .......................................................... 223 a. Article 290 - Discovering Secrets through Seizure of Correspondence ......... 223 b. Article 291 - Revealing Secrets with Abuse of Office .......................................... 223 c. Article 292 - Revelation of Industrial Secrets ...................................................... 224 J. CRIMES AGAINST PROPERTY ............... 224 1. Chapter I: Robbery in General .............. 224 a. Article 293 – Who Are Guilty of Robbery 224 b. Article 294 – Robbery with Violence or Intimidation of Persons .............................. 226 c. Art. 295 – Robbery with Physical Injuries Committed in an Uninhabited Place and by a Band or With the Use of a Firearm on a Street, Road or Alley ................................. 229 d. Art. 296 – Definition of a Band and Penalty Incurred by the Members thereof . 229 e. Article 297 – Attempted and Frustrated Robbery Committed under Circumstances 230

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f. Article 298 – Execution of Deeds by Means of Violence or Intimidation ............. 231 g. Article 299 – Robbery in an Inhabited House/Public Building or Edifice Devoted to Worship ..................................................... 231 h. Article 300 – Robbery in an Uninhabited Place and by a Band ................................. 232 i. Article 301 – What is an Inhabited House, Public Building or Building Dedicated to Religious Worship and Their Dependencies 233 j. Article 302 – Robbery in an Uninhabited Place or in a Private Building .................... 233 k. Article 303 – Robbery of Cereals, Fruits, or Firewood in an Uninhabited Place or Private Building ......................................... 234 l. Article 304 – Possession of Picklocks or Similar Tools ............................................. 234 m. Article 305 – False Keys ............... 234 2. Chapter II: Brigandage .......................... 234 a. Article 306 – Brigandage .................. 235 b. Article 307 – Aiding and Abetting a Band of Brigands ................................................ 235 3. Chapter III: Theft ................................... 236 a. Article 308 – Who are Liable for Theft 236 b. Article 309 – Penalties ...................... 237 c. Article 310 – Qualified Theft ............. 237 d. Article 311 – Theft of Property of the National Library and National Museum ..... 238 4. Chapter IV: Usurpation ......................... 239 a. Article 312 – Occupation of Real Property or Usurpation of Real Rights in Property ..................................................... 239 b. Article 313 – Altering Boundaries or Landmarks ................................................ 239 5. Chapter V: Culpable Insolvency ............ 239 a. Article 314 – Fraudulent Insolvency .. 239 6. Chapter VI: Swindling and Other Deceits 240 a. Article 315 – Swindling or Estafa ...... 240 b. Article 316 – Other Forms of Swindling 246 c. Article 317 – Swindling a Minor ........ 247 d. Article 318 – Other Deceits ............... 248 7. Chapter VII: Chattel Mortgage .............. 248 a. Article 319 - Removal, Sale, or Pledge of Mortgaged Property .................................. 248 8. Chapter VIII : Arson and Other Crimes Involving Destruction ..................................... 248 a. Articles 320-326B (Repealed by PD 1613, as amended by RA 7659) ............... 248 9. Chapter IX – Malicious Mischief ............ 250 a. Art. 327 - Who are Liable for Malicious Mischief ..................................................... 250 b. Art. 328 – Special Cases of Malicious Mischief ..................................................... 250 c. Art. 329 – Other Mischiefs ................ 251 d. Art. 330 – Damage and Obstruction to Means of Communication ......................... 251

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e. Art. 331 – Destroying or Damaging Statues, Public Monuments or Paintings ... 252 10. Chapter X – Exemption from Criminal Liability Against Property ............................... 252 a. Art. 332 – Persons Exempt from Criminal Liability ........................................ 252 K. CRIMES AGAINST CHASTITY ................. 252 1. Chapter I – Adultery and Concubinage . 252 a. Article 333 – Adultery ........................ 252 b. Article 334 – Concubinage ................ 254 2. Chapter II – Rape and Acts of Lasciviousness .............................................. 254 a. Article 335 – When and How Rape is Committed (repealed by RA No. 8353) ..... 254 b. Article 336 - Acts of Lasciviousness . 255 3. Chapter III – Seduction, Corruption of Minors and White Slave Trade ...................... 256 a. Article 337 - Qualified Seduction ....... 256 b. Article 338 - Simple Seduction .......... 257 c. Article 339 - Acts of Lasciviousness with the Consent of the Offended Party ............ 258 d. Article 340 - Corruption of Minors (as amended by BP Blg. 92) ........................... 258 e. Article 341 - White Slave Trade ........ 259 4. Chapter IV - Abduction .......................... 259 a. Article 342 - Forcible Abduction ........ 259 b. Article 343 - Consented Abduction ... 260 5. Chapter V: Provisions Relating to the Preceding Chapters of Title 11 ...................... 261 a. Article 344 - Prosecution of Private Offenses .................................................... 261 b. Article 345: Civil Liability of Persons Guilty of Crimes Against Chastity .............. 262 c. Article 346 – Liability of Ascendants, Guardians, Teachers and Other Persons Entrusted with the Custody of the Offended Party .......................................................... 262 L. CRIMES AGAINST THE CIVIL STATUS OF PERSONS ......................................................... 263 1. Chapter I: Simulation of Births and Usurpation of Civil Status .............................. 263 a. Article 347 - Simulation of Births, Substitution of One Child for Another, and Concealment or Abandonment of a Legitimate Child 263 b. Article 348 - Usurpation of Civil Status 264 2. Chapter II: Illegal Marriages .................. 264 a. Article 349 – Bigamy ......................... 264 b. Article 350 - Marriage Contracted against Provisions of Laws ........................ 266 c. Article 351 - Premature Marriage (Repealed by RA No. 10655) .................... 266 d. Article 352 - Performance of Illegal Marriage Ceremony ................................... 266 M. CRIMES AGAINST HONOR.................. 266 1. Chapter I – Libel .................................... 266 a. Article 353 - Libel .............................. 266 b. Art. 354 – Requirement of Publicity .. 268 c. Art. 355 – Libel by Means of Writings or Similar Means ............................................ 270

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d. Art. 356 – Threatening to Publish and Offer to Prevent such Publication for a Compensation ........................................... 271 e. Art. 357 – Prohibited Publication of Acts Referred to in the Course of Official Proceedings .............................................. 271 f. Art. 358 – Slander ............................. 271 g. Art. 359 – Slander by Deed .............. 272 h. Art. 360 – Persons Responsible for Libel 273 i. Art. 361 – Proof of Truth ................... 274 j. Art. 362 – Libelous Remarks ............ 274 2. Chapter II – Incriminatory Machinations 274 a. Art. 363 – Incriminating Innocent Persons ..................................................... 274 b. Art. 364 – Intriguing Against Honor ... 275 N. QUASI-OFFENSES .............................. 276 1. Sole Chapter ......................................... 276 a. Art. 365 – Criminal Negligence ......... 276

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4. Alters legal rules of Evidence and authorizes conviction upon less/different testimony 5. Assumes to regulate civil Rights and remedies only 6. Deprives accused of lawful Protection to which he is entitled [In Re: Kay Villegas Kami, G.R. No. L-32485 (1970)]

I. PRINCIPLES OF CRIMINAL LAW A. GENERAL PRINCIPLES Definition of Criminal Law That branch of public substantive law which defines crimes, treats of their nature, and provides for their punishment. [REYES, Book 1] Crime An act committed or omitted in violation of a public law forbidding or commanding it. It is a generic term used to refer to a wrongdoing punished by either the RPC or a special law. [ORTEGA] Nullum crimen nulla poena sine lege There is no criminal liability if the act is not punishable by a particular provision in penal law or special penal law. There is no crime when there is no law punishing it. [Potenciano Evangelista v. People, G.R. Nos. 108135-36, 14 (2000)] Sources of Criminal Law: 1. Revised Penal Code (Act No. 3815) 2. Special Penal laws 3. Penal Presidential Decrees issued during Martial Law 4. Local Ordinances LIMITATIONS ON POWER OF CONGRESS TO ENACT PENAL LAWS [Ex-DPP] 1. No Ex post facto law or bill of attainder shall be enacted. [Art. III, Sec. 22, 1987 Constitution] Ex post facto law [CA-PERP]: 1. Makes Criminal an act which was innocent when done 2. Aggravates a crime/makes it greater than when it was committed 3. Inflicts a greater Punishment than prescribed when committed

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Bill of Attainder – inflicts punishment without trial, substituting a legislative act for a judicial determination of guilt [People v. Ferrer, G.R. No. L-32613-14 (1972)] 2. No person shall be held to answer for a criminal offense without Due Process of law. [Art. III, Sec. 14(1), 1987 Constitution] 3. Excessive fines shall not be imposed, nor cruel, degrading or inhuman Punishment inflicted. [Art. III, Sec. 19(1), 1987 Constitution]

1. Mala in se and Mala prohibita Mala in Se Mala Prohibita (“Evil in Itself”) (“Prohibited Evil”) Definition An act that is A crime or an act considered a crime that is inherently because it is immoral, such as prohibited by murder, arson, or statute, although the rape [Black’s Law act itself is not Dictionary, 9th ed.] necessarily immoral [Black’s Law Dictionary, 9th ed.] As to Laws Violated General Rule: RPC Special Laws Exception: A crime is mala in se, even if punishable under a special law, when the acts are inherently immoral (e.g., plunder). [Estrada v. Sandiganbayan, G.R. No. 148560 (2001)]

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As to Use of Good Faith as a Defense Valid defense General Rule: Not a valid Defense Exceptions: 1. Civilian guards acting in good faith in carrying firearms with no intention of committing an offense were able to claim lack of intent as a defense. 2. Accused has a pending application for permanent permit to possess a firearm [People v. Mallari, G.R. No. L-58886 (1988)] As to Criminal Intent as an Element Criminal intent is Criminal intent is not necessary necessary As to Degree of Accomplishment Taken into account Not taken into in determining the account; the act is penalty to be punishable only imposed. when consummated As to Effect of Mitigating and Aggravating Circumstances Taken into account Not taken into in determining the account in imposable penalty determining the imposable penalty, unless provided for by special law As to Degree of Participation *Presupposes more than one (1) offender Degree of Degree of participation of each participation of each offender is not taken offender is taken into account and all into account. who participated in the act are punished to the same extent. As to Persons Criminally Liable

Principal, accomplice & accessory.

Only the principal is liable.

Penalty of offenders Penalty is computed is same whether based whether he is they acted as mere accomplices or a principal offender accessories or merely an accomplice or accessory As to Stages of Execution There are three No stages of stages: attempted, execution frustrated & consummated As to Division of Penalties Penalties may be There is no such divided into degrees division of penalties. and periods.

2. Scope and Characteristics a. Generality General Rule: Penal laws are obligatory on all persons who live or sojourn in Philippine territory, regardless of nationality, gender, or other personal circumstances, subject to the principles of public international law and to treaty stipulations. [Art. 14, NCC] Exceptions: 1. Treaty Stipulations 2. Laws of Preferential Application 3. Principles of Public International Law 4. Warship Rule i.

TREATY STIPULATIONS [Arts. 2 and 14, NCC]

The Visiting Forces Agreement (VFA) signed on Feb. 10, 1988 is an agreement between the Philippine and US Government regarding the treatment of US Armed Forces visiting the Philippines.

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Rules on Jurisdiction Under the VFA Crime

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Jurisdiction

Crime is punishable Philippines has under Philippine exclusive jurisdiction. laws, but not under US laws Crime is punishable US has exclusive under US laws, but jurisdiction. not under Philippine laws

Waiver of Jurisdiction The authorities of either government may request the authorities of the other government to waive their primary right to exercise jurisdiction in a particular case. General Rule: Philippine authorities will, upon request by the United States, waive their primary right to exercise jurisdiction. Exceptions: In cases of particular importance to the Philippines, for example, crimes punishable under: 1. R.A. 7659 (Heinous crimes) 2. R.A. 7610 (Child Abuse cases) 3. R.A. 9165 (Dangerous Drugs cases)

Crime is punishable Philippines has under both US and primary but Philippine laws concurrent jurisdiction with the US.

ii.

LAWS OF PREFERENTIAL APPLICATION [Art. 2, NCC]

Rules on Concurrent Jurisdiction [Art. V (3), VFA] General Rule: Philippine authorities shall have the primary right to exercise jurisdiction over offenses committed by United States personnel.

RA No. 75 penalizes acts which would impair the proper observance by the Republic and inhabitants of the Philippines of the immunities, rights, and privileges of duly accredited foreign diplomatic representatives in the Philippines.

Exceptions: 1. If the offense was committed solely against the property or security of the United States. 2. If the offense was solely against the property or person of United States personnel. 3. If the offense arose out of any act or omission done in performance of official duty.

Rules on Jurisdiction [Secs. 4 to 5, R.A. 75] General Rule: The following persons are exempt from arrest and imprisonment, and their properties exempt from distraint, seizure and attachment [AMS]: 1. Ambassadors 2. Public Ministers 3. Domestic Servants of ambassadors or ministers

NOTE: The authorities of the Philippines and the United States shall notify each other of the disposition of all cases in which both the authorities of the Philippines and the United States have the right to exercise jurisdiction.

Exceptions: If the writ or process sued out or prosecuted is [PhDS]: 1. Against a person who is a citizen or inhabitant of the Philippines, provided: a. The person is in the service of an ambassador or a public minister; and b. Process is founded upon a debt contracted before he entered upon such service 2. Against the Domestic Servant of an ambassador or a public minister, provided: a. The name of the servant has been registered in the Department of Foreign Affairs, (DFA) and transmitted by the

Offenses Relating to Security for purposes of the VFA [Art. V (2)(c), VFA] 1. Treason 2. Sabotage 3. Espionage 4. Violation of any law relating to national defense

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Secretary of Foreign Affairs to the Chief of Police of the City of Manila; but b. The registration was only made after the writ or process has been issued or commenced NOTE: RA No. 75 is not applicable when the foreign country adversely affected does not provide similar protection to our diplomatic representatives [Sec. 7, R.A. 75] iii.

PRINCIPLES OF PUBLIC INTERNATIONAL LAW

Who are Exempt [SCAMMP]: 1. Sovereigns and other heads of state 2. Charges d’ affaires 3. Ambassadors 4. Ministers 5. Minister resident 6. Plenipotentiary [REYES, Book 1] Who are not exempt [CVC]: 1. Consuls 2. Vice-consuls 3. Other Commercial representatives of foreign nations do not possess such status and cannot claim the privileges and immunities accorded to ambassadors and ministers. [Sec. 249, Wheaton, International Law] Condition for Immunity to Apply Diplomatic immunity only applies when the diplomatic officer is engaged in the performance of his official functions [Minucher v. Court of Appeals, G.R. No. 142396 (2003)] iv.

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cannot penalize crimes committed outside its territory. Scope of Territory The territory of the country is not limited to the land where its sovereignty resides but includes also its maritime and interior waters as well as its atmosphere. [Art. 2, RPC] Theory on Aerial Jurisdiction - Absolute Theory The subjacent state has complete jurisdiction over the atmosphere above it subject only to the innocent passage by aircraft of a foreign country. If the crime is committed in an aircraft, no matter how high, as long as it is within the Philippine atmosphere, Philippine criminal law will govern. The Philippines has complete and exclusive sovereignty over the airspace above its territory [Art. 1, Convention on International Civil Aviation]. Exceptions [SCIONS] [Art. 2, RPC]: 1. Crimes committed while on a Philippine Ship or airship 2. Forging/Counterfeiting of Coins or Currency Notes in the Philippines 3. Introduction of #2 into the country 4. Offenses committed by public officers or employees in the exercise of their functions. 5. Crimes against National Security and the law of nations, defined in Title One of Book Two of this Code i.

WARSHIP RULE

A warship of another country, even though docked in the Philippines, is considered an extension of the territory of its respective country. [Art. 27, United Nations Convention on the Laws of the Sea]

b. Territoriality General Rule: Penal laws of the country have force and effect only within its territory. It

CRIMES COMMITTED ABOARD A PHILIPPINE SHIP OR AIRSHIP [Art 2 (1), RPC]

Requisites [REYES, Book 1]: 1. Crime is committed while the ship is treading in: a. Philippine waters (intraterritorial), or b. The high seas (extraterritorial) 2. The ship or airship must not be within the territorial jurisdiction of another country 3. The ship or airship must be registered in the Philippines under Philippine laws

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Difference between Jurisdiction of Merchant Vessels and Foreign Warships Merchant Vessels (applying English Rule) Acts committed on a merchant vessel within the territorial limits of the Philippines are subject Philippine penal laws if they breach public order [People v. Wong Cheng, G.R. No. L-18924 (1922)] and local courts are not deprived of jurisdiction over offenses on board a merchant vessel if they disturb the order of the country. [US v. Bull, G.R. No. L-5270 (1910)] Foreign Warships - are reputed to be the territory of the country to which they belong and are not subject to the laws of another state. [US v. Fowler, G.R. No. L-496 (1902)] ● Nationality of Vessel – determined by the country of registry and not its ownership. ● Example: A Filipino-owned vessel registered in China must fly the Chinese flag. ii.

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FORGING/COUNTERFEITING OF COINS OR CURRENCY NOTES IN THE PHILIPPINES [Art. 2 (2), RPC]

Forgery Committed by giving a treasury or bank note or any instrument payable to bearer or to order the appearance of a true genuine document or by erasing, substituting, counterfeiting or altering, by any means, the figures, letters, words, or signs contained therein [Art. 169, RPC]. If forgery is committed abroad, it must refer only to Philippine coin, currency note, obligations and securities [REYES, Book 1].

counterfeited the items are criminally liable even if they did not introduce the counterfeit items. iv.

Crimes committee in the exercise of their functions 1. Direct bribery [Art. 210] 2. Qualified Bribery [Art. 211-A] 3. Indirect bribery [Art. 211] 4. Corruption [Art. 212] 5. Frauds against the public treasury [Art. 213] 6. Possession of prohibited interest [Art. 216] 7. Malversation of public funds or property [Art. 217] 8. Failure to render accounts [Art. 218] 9. Illegal use of public funds or property [Art. 220] 10. Failure to make delivery of public funds or property [Art. 221] 11. Falsification by a public officer or employee by abuse of his official position [Art. 171] 12. Crimes committed in relation to the performance of a public officer or employee of his/her duties in a foreign country. Embassy Embassy grounds are considered as extensions of the sovereignty of the country occupying them. [Minucher v. Court of Appeals, G.R. No. 142396 (1992)] v.

iii.

INTRODUCTION OF FORGED/ COUNTERFEITED OBLIGATIONS AND SECURITIES IN THE COUNTRY [Art. 2 (3), RPC]

Those who introduced the counterfeit items are criminally liable even if they were not the ones who counterfeited the obligations and securities. On the other hand, those who

WHEN PUBLIC OFFICERS OR EMPLOYEES COMMIT AN OFFENSE IN THE EXERCISE OF THEIR FUNCTIONS. [Art. 2 (4), RPC]

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS [Art 2 (5), RPC]

Crimes against national security 1. Treason [Art. 114] 2. Conspiracy and proposal to commit treason [Art. 115] 3. Misprision of treason [Art. 116] 4. Espionage [Art. 117] 5. Terrorism [R.A. 9372]

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Crimes against the law of nations 1. Inciting to war or giving motives for reprisals [Art.118] 2. Violation of neutrality [Art. 119] 3. Correspondence with hostile country [Art. 120] 4. Flight to enemy’s country [Art.121] 5. Piracy in general and mutiny on the high seas or in Philippine waters [Art. 122] 6. Terrorism [R.A. 9372] NOTE: Crimes against public order (e.g., rebellion, coup d’etat, sedition) committed abroad is under the jurisdiction of the host country. Human Security Act Sec. 58: Subject to the provision of an existing treaty of which the Philippines is a signatory and to any contrary provision of any law of preferential application, the provisions of this Act shall apply to individuals who although physically outside the territorial limits of the Philippines [TSCG]: 1. Commit, conspire or plot to commit any of the crimes defined and punished in this Act inside the Territorial limits of the Philippines; 2. Commit any of the said crimes on board Philippine Ship or Philippine airship; 3. Commit said crimes against Philippine Citizens or persons of Philippines descent, where their citizenship or ethnicity was a factor in the commission of the crime; and 4. Commit said crimes directly against the Philippine Government. [Sec. 58, R.A. 9372].

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3. Pro Reo Principle Applicability of Principle Penal statutes should be strictly construed against the State only when the law is ambiguous and there is doubt regarding its interpretation. Where the law is clear and unambiguous, there is no room for the rule to apply. [People v. Gatchalian, G.R. No. L12011-14 (1958)] In dubio pro reo. Cf. Rule of Lenity Between two potential interpretations of a penal law, one prejudicial and another favorable, the more lenient one must be adopted. [Ient v. Tullett, G.R. No. 189158 (2017)] Basis: All doubts shall be construed in favor of the accused and on the presumption of his innocence [Art. III, Sec. 14(2), 1987 Constitution]

4. Interpretation of Penal Laws Equipoise Doctrine When the evidence of the prosecution and the defense are equally balanced, the scale should be tilted in favor of the accused, according to the constitutional presumption of innocence. [Tin v. People, G.R. No. 126480 (2001)]

c. Prospectivity

Spanish Text of the RPC Prevails over its English Translation In the construction or interpretation of the provision of the RPC, the Spanish text is controlling, because it was approved by the Philippine Legislature in its Spanish text. [People v. Manaba, G.R. No. L-38725 (1933)]

No felony shall be punishable by any penalty not prescribed by law prior to its commission. [Art. 21, RPC]

5. Retroactive Application Favorable to the Accused

Without prejudice to Art. 22, felonies and misdemeanors, committed prior to the effectivity of the RPC, shall be punished in accordance with the Code or Acts in force at the time of their commission [Art. 366, RPC].

if

General Rule: No felony shall be punishable by any penalty not prescribed by law prior to its commission. [Art. 21, RPC]. Exception: Insofar as they favor the person guilty of a felony although at the time of the publication of such laws, a final sentence has

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been pronounced and the convict is serving the same. [Art. 22, RPC] Exceptions to the Exception: 1. The new law is expressly made inapplicable to pending actions or existing cause of actions 2. The offender is a habitual criminal. Rationale: The punishability of an act must be reasonably known for the guidance of society. [People v. Jabinal, G.R. No. L-30061 (1974)] Effects of Repeal [REYES, Book 1] Absolute/ Partial/ Total Repeal Relative Repeal Nature of Repeal Crime punished by Crime punished repealed law is under the repealed decriminalized/ no law continues to be longer punishable, a crime so it is obliterated

Effects of Amendment [REYES, Book 1] Amendment Effect Makes penalty New law applies lighter (see Exception above) Makes penalty Law in force at the heavier time of commission of the offense applies Increases fine but Not ex post facto, so decreases penalty of law and penalty is imprisonment retroactively applied [CRUZ]

B. FELONIES 1. Criminal Liabilities a. Classification of Felonies

Examples: When the repealing law fails to penalize the offense under the old law Effect as to Pending Cases Pending cases are If repeal is favorable dismissed and to the accused, unserved penalties repealing law must are remitted. be applied except when reservation in the law states it does not apply to pending cases Effect when Sentence is Already Being Served Offenders are The more lenient entitled to release. law must be applied except when: (1) reservation exists in law; or (2) when offender is a habitual criminal

Definition of Terms 1. Crime - an act committed or omitted in violation of a public law forbidding or commanding it. It is a generic term used to refer to a wrongdoing punished by either the RPC or a special law. [ORTEGA] 2. Felony – crime punishable under the Revised Penal Code (RPC). 3. Offense – crime punishable under special laws. 4. Misdemeanor - minor infraction of the law, such as a violation of an ordinance. How committed Art. 3. Definitions. – Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

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ELEMENTS OF A FELONY 1. An Act or Omission a. Act – Any kind of body movement which tends to produce some effect in the external world; includes possession b. Omission – The failure to perform a positive duty which one is bound to do under the law. There must be a law requiring the performance of an act, without such law, there is no liability. 2. Committed by means of: a. Dolo (i.e. willfully) or b. Culpa (i.e. negligently) 3. Punished by the Code

According to Commission

Degree of proof Proof beyond reasonable doubt [Villareal v. People, G.R. No. 151258 (2012)]. Specific Criminal Intent General Criminal Intent

Specific Criminal Intent

As to Intention The intention to do something wrong.

The intention to commit a definite act.

As to Presumption Presumed from the mere doing of a wrong act.

Classifications: 1. According to manner of commission 2. According to nature 3. According to stages of execution 4. According to gravity of penalties 5. According to plurality of crimes i.

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Existence is not presumed.

As to Burden of Proof

Manner

of

The burden is upon the wrongdoer to prove that he acted without such criminal intent.

A. INTENTIONAL FELONIES (Dolo) Crime committed with deliberate intent Actus Non Facit Reum, Nisi Mens Sit Rea An act does not make a defendant guilty without a guilty mind. [REYES] Mens rea A guilty mind, a guilty or wrongful purpose or criminal intent, and essential for criminal liability. [People v Valenzuela, G.R. No. 160188 (2007)] Requirements of Dolo or Malice [FID]: 1. Freedom – Voluntariness on the part of the person who commits the act or omission. 2. Intelligence – Capacity to know and understand the consequences of one’s act. 3. Dolo – Intent to commit the act with malice is a purely mental process, and is presumed from the proof of the commission of an unlawful act. Intent presupposes the exercise of freedom and the use of intelligence. [REYES, Book 1]

Since the specific intent is an element of the crime, the burden is upon the prosecution to establish its existence.

Examples of Crimes requiring Specific Criminal Intent 1. Robbery – intent to gain [Art. 293[ 2. Theft – intent to gain [Art. 308[ 3. Homicide – intent to kill [Art. 249[ 4. Forcible Abduction – intent of lewd designs [Art. 342[ Must be Alleged in Information Where the specific intent of the malefactor is determinative of the crime charged, such specific intent must be alleged in the information and proved by the prosecution. [People v. Delim, G.R. No. 142773 (2003)] How proven Specific intent may be proved by direct evidence or by circumstantial evidence (inferred from the circumstances of the actions of the accused as established by evidence). [People v. Delim, supra.]

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Intent to Commit the Crime v. Intent to Perpetrate the Act In cases of mala prohibita, there is a conclusive implication of a guilt, despite the honest mistake of the offender as to the meaning of the law he violates. In such a case, although the accused did not consciously intend to commit a crime, there is an intent to commit an act, and that act is by the very nature of things, the crime itself. The wording of the law is such that the intent and the act are inseparable. The act is the crime. [U.S. v. Go Chico, G.R. No. 4963 (1909)] Motive It is the moving power which impels one to action to achieve a definite result [REYES, Book 1]

Can be an element of a felony (if committed by means of dolo).

Mistake of Fact v. Mistake of Law Mistake of Fact

Intent v. Motive Intent

Motive As to Nature

State of mind accompanying the act

Moving power which impels one to action to achieve a definite result [REYES, Book 1]

As an Element

Mistake of Law

As to Definition Misapprehension of fact on the part of the person causing injury to another. There is no criminal intent. [REYES, at 44]

Motive is Not Considered as an Element General Rule: Not an essential element of a crime Exceptions: 1. When the act brings about variant crimes (e.g. kidnapping v. robbery [People v. Puno, G.R. No. 97471 (1993)] 2. When identity of perpetrator is in doubt [People v. Hassan, G.R. No. L-68969 (1988)] 3. When there is the need to ascertain the truth between two antagonistic versions of the crime. [People v. De Los Santos, G.R. No. 131588 (2001)] 4. When evidence on the commission of the crime is purely circumstantial

Not an essential element of a crime, except for certain instances.

Want of knowledge or acquaintance with the laws of the land insofar as they apply to the act, relation, duty, or matter under consideration [Black's Law Dictionary 435 (9th ed. 2009), at 589[

As to the Defense of Good Faith Good faith is a defense.

Good faith is not defense.

An honest mistake of fact destroys the presumption of criminal intent which arises upon the commission of a felonious act. [REYES, Book 1]

Ignorance of the law excuses no one from compliance therewith (ignorantia legis non excusat).

Requisites of Mistake of Fact as a Defense [LIM]: 1. The act done would have been Lawful had the facts been as the accused believed them to be. 2. The Intention of the accused in performing the act should be lawful. 3. That the Mistake must be without fault or carelessness on the part of the accused. B. CULPABLE FELONIES Crime resulting from negligence, reckless imprudence, lack of foresight or lack of skill.

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Rationale: A man must use his common sense and exercise reflection in all his acts. It is one’s duty to be cautious, careful and prudent, and not to expose other people’s lives and property at risk of injury or damage. The law penalizes thus the negligent or careless act, not the result thereof. [Ivler v. Modesto-San Pedro, G.R. No. 172716 (2010)] Requisites of Culpa [FINI]: 1. Freedom 2. Intelligence 3. Negligence or Imprudence

B. MALA PROHIBITA An act that is a crime because it is prohibited by statute, although the act itself is not necessarily immoral [Black’s Law Dictionary, 9th ed.] iii.

According to Stages of Execution

Art. 6. Consummated, frustrated and attempted felonies – Consummated felonies as well as those which are frustrated and attempted, are punishable.

Negligence – It indicates deficiency of perception. It is the failure of a person to pay proper attention and to use diligence in foreseeing the injury or damage impending to be caused. Often associated with lack of foresight. [REYES, Book 1] Imprudence – It indicates deficiency of action. A person fails to take the necessary precaution to avoid injury to another person or damage to property. Often associated with lack of skill. [REYES, Book 1]

Resulting harm or injury Unless the negligent or imprudent act results in harm or injury to another, there is no criminal liability. [REYES, Book 1] Rule of Negative Ingredient. This rule states that: 1. The prosecution must first identify what the accused failed to do. 2. Once this is done, the burden of evidence shifts to the accused. 3. The accused must show that the failure did not set in motion the chain of events leading to the injury [Carillo v. People, G.R. No. 86890 (1994)]. ii.

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According to Nature

A. MALA IN SE A crime or an act that is inherently immoral, such as murder, arson, or rape [Black’s Law Dictionary, 9th ed.]

A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly or over acts and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. Three (3) Stages of Acts of Execution are: 1. Attempted When the offender commences the commission of a felony directly by overt acts but does not produce the felony by reason of some cause or accident other than his own spontaneous desistance 2. Frustrated - When the offender performs all the acts of execution which would produce the felony but does not produce it by reason of causes independent of the will of the perpetrator 3. Consummated - When all the elements necessary for its execution and accomplishment are present; the felony is produced

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NOTE: To be extensively discussed in latter parts. iv.

According to Gravity of Penalties

Art. 9. Grave felonies, less grave felonies and light felonies. - Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of this Code. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned Art. Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both; is provided. Classification According to Penalties: 1. Grave Felonies 2. Less Grave Felonies 3. Light Felonies

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B. LESS GRAVE FELONIES Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional. It includes those punishable by: 1. Prision correccional 2. Arresto mayor 3. Suspension 4. Destierro 5. Fine not exceeding ₱1,200,000 but is not less than ₱40,000 C. LIGHT FELONIES It includes those punishable by: 1. Arresto menor; or 2. Fine not exceeding ₱40,000; or 3. Both of the above Art. 7. When light felonies are punishable – Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property. When Punishable General Rule: Only when consummated

Importance of Classification is to Determine: 1. Whether these felonies can be complexed 2. The prescription of the crime and of the penalty 3. Duration of subsidiary penalty to be imposed. A. GRAVE FELONIES Those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive. It includes those punishable by: 1. Reclusion perpetua 2. Reclusion temporal 3. Perpetual or Absolute Disqualification 4. Perpetual or Temporary Special Disqualification 5. Prision mayor 6. Fine more than ₱1,200,000.00

Exception: If It involves crimes committed against persons or property Rationale: They produce light, insignificant moral, and material injuries that public conscience is satisfied with providing a light penalty for their consummation. [REYES, Book 1] Who are Punished Principals and accomplices only. [Art. 16, RPC] Example of Light Felonies [MATHS]: 1. Malicious mischief when the value of the damage does not exceed ₱40,000 or cannot be estimated [Art. 328, RPC, as amended by R.A. 10951] 2. Alteration of boundary marks 3. Theft when the value of the thing stolen is less than ₱500 and theft is committed under the circumstances enumerated under Art. 308 (3) [Art. 309, (7) and (8), RPC, as amended by R.A. 10951]

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4. Intriguing against Honor 5. Slight physical injuries Reconciling Discrepancy in Treatment of a Fine Amounting to Exactly ₱40,000 ● Art. 9 in re: Art. 25 - light felony; use this article in determining prescription of crimes ● Art. 26 - correctional penalty; use this article in determining prescription of penalty v.

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According to Plurality of Crimes

Three (3) Groups: 1. Continuing Crimes 2. Complex Crimes in Art. 48 3. Special Complex Crimes NOTE: To be discussed extensively in latter parts

b. Aberratio Ictus, Error in Personae and Praeter Intentionem Art. 4. Criminal Liability – Criminal liability shall be incurred: 1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. WRONGFUL ACT DIFFERENT FROM THAT INTENDED IS PUNISHABLE Rationale : El que es causa de la causa es cause del mal causado. “He who is the cause of the cause is the cause of the evil caused.” The presumption is that a person intends the ordinary consequences of his voluntary act. [People v. Toling, G.R. No. L-27097 (1975)] One who commits an intentional felony is responsible for all the consequences which may naturally and logically result therefrom, whether foreseen or intended or not. [People v. Herrera, G.R. Nos. 140557-58 (2001)] Requisites [I-DC]: 1. An Intentional felony has been committed. 2. The wrong done to the aggrieved party is the Direct, natural and logical Consequence of the felony committed by the offender.

Proximate Cause Proximate cause has been defined as that which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces injury, and without which the result would not have occurred. [Abrogar v. Cosmos Bottling Company and INTERGAMES, Inc., G.R. No. 164749 (2017)] When not Considered as Proximate Cause: 1. There is an active force between the felony and resulting injury 2. Resulting injury is due to the intentional act of victim Efficient Intervening Cause An intervening cause, to be considered efficient, must be "one not produced by a wrongful act or omission, but independent of it, and adequate to bring the injurious result.” [Abrogar v. Cosmos Bottling Company and INTERGAMES, Inc, G.R. No. 164749 (2017)] For example, a cause which interrupts the natural flow of events leading to one’s death may relieve the offender from liability. [REYES, Book 1] Three (3) Modes under Art. 4 (1) Error in personae

Aberratio ictus

Praeter intentionem

Definition Mistake in identity.

Mistake in blow.

A felony is intended, but there is a mistake in the identity of the victim; injuring one person mistaken for another.

When an offender intending to do an injury to one person actually inflicts it on another.

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Penalty

No intention to commit a grave so wrong.

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Penalty for lesser crime in its maximum period [Art. 49]

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Penalty for graver offense in its maximum period [Art. 48 on complex crimes]

Mitigating circumstance of not intending to commit a grave so wrong [Art. 13]

In certain cases, the Court ruled that the mitigating circumstance of lack of intent to commit so grave a wrong cannot be appreciated where the acts employed by the accused were reasonably sufficient to produce the death of the victim. [People v. Sales, G.R. No. 177218(2011)] There is no felony in the following instances: 1. There is no law punishing the crime (i.e., attempting suicide is not a crime, per se). However, if death or injury results to another because of such attempt, then a liability arises. [REYES, Book 1] 2. There is a justifying circumstance (i.e., one acting in self-defense is not committing a felony). [REYES, Book 1]

3. Its accomplishment is inherently Impossible, or that the means employed is either Inadequate or Ineffectual. 4. Act performed does Not constitute a Violation of another provision of the RPC. Definition of Terms: 1. Inadequate - Insufficient (e.g. small quantity of poison). 2. Ineffectual - Means employed did not produce the result expected (e.g. pressed the trigger of the gun not knowing that it is empty). 3. Inherent Impossibility – Can pertain to: a. Legal impossibility – where the intended acts, even if completed, do not amount to a crime [Intod v CA, G.R. No. 103119 (1992)] Example: Killing a person who is already dead [Intod v CA, G.R. No. 103119 (1992)]. b. Physical or factual impossibility – Extraneous circumstances unknown to the actor or beyond his control prevent the consummation of the intended crime.

c. Impossible Crimes

Example: The alteration, or even destruction, of a losing sweepstakes ticket could cause no harm to anyone and would not constitute a crime were it not for the attempt to cash the ticket so altered as a prize-winning number. [People v. Balmores, G.R. No. L-1896 (1950)]

Art. 4. Criminal Liability – Criminal liability shall be incurred: By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. Rationale: To suppress criminal propensity or criminal tendencies. Objectively, the offender has not committed a felony, but subjectively, he is a criminal. Requisites [OPP- EI- III- NV]: 1. Act performed would be an Offense against Persons or Property. 2. Act was done with Evil Intent.

No Attempted or Frustrated Impossible Crime Since the offender in an impossible crime has already performed the acts for the execution of the same, there could be no attempted impossible crime. There is no frustrated impossible crime either, because the acts performed by the offender are considered as constituting a consummated offense.

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Not a Defense Impossibility of accomplishing the criminal intent is not a defense but an act penalized in itself. Impossible Crime v. Attempted v. Frustrated v. Consummated Impossible crime

Attempted

Frustrated

Consummated

Mens Rea

✓

✓

✓

✓

Concurrence

✓

✓

✓

✓

Result

✗ Not produced by reason of inherent impossibility or employment of inadequate means

✗ Not produced by reason of desistance

✗ Not produced by reason of causes independent of the will of the perpetrator

✓

Causation

✗

✗

✗

✓

d. Stages of Execution Three (3) Stages of Acts of Execution are: 1. Attempted When the offender commences the commission of a felony directly by overt acts but does not produce the felony by reason of some cause or accident other than his own spontaneous desistance 2. Frustrated - When the offender performs all the acts of execution which would produce the felony but does not produce it by reason of causes independent of the will of the perpetrator 3. Consummated - When all the elements necessary for its execution and accomplishment are present; the felony is produced Two (2) Phases of Felony 1. Subjective Phase - It is that portion of the act constituting the crime, starting from the point where the offender begins the commission of the crime to that point where he still has control over his acts, including their natural course. [REYES, Book 1] 2. Objective Phase- It is that portion of acts after the subjective phase, the result of the acts of execution [People v. Villanueva, G.R. No. 160188 (2007)]

Development of a Crime 1. Internal Acts - intent, ideas and plans; not punishable, even if, had they been carried out, they would constitute a crime [REYES, Book 1] 2. External Acts a. Preparatory Acts – acts tending toward the crime but with no direct connection with the crime. [REYES, Book 1] General Rule: Not punished since these acts do not yet constitute even the first stage of the acts of execution Exception: When considered by law as independent crimes (i.e. Art. 304 – possession of picklocks) b. Acts of Execution - Usually overt acts with a logical relation to a particular concrete offense and is already punishable under the RPC. [REYES, Book 1] FACTORS IN DETERMINING STAGE OF EXECUTION OF FELONY 1. Manner of Committing the Crime a. Formal Crimes - consummated in one instant, no attempt [ALBERT, cited in REYES, Book 1 at 120.]

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b.

c.

d.

e.

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Example: The mere act of selling or even acting as a broker to sell marijuana or other prohibited drugs consummates the crime. [People v. Marcos, G.R. No. 83325 (1990)] Crimes Consummated by Mere Attempt or Proposal by Overt Act Examples: Flight to enemy’s country [Art. 121] and Corruption of Minors [Art. 340] Felony by Omission There can be no attempted stage when the felony is by omission, because the offender does not execute acts, rather he omits to perform an act which the law requires him to do. [REYES, Book 1] Crimes Consummated by Mere Agreement Examples: In betting in sports contests and corruption of public officer [Art. 197 and Art. 212], the manner of committing the crime requires the meeting of the minds between the giver and the receiver. [US v. Basa, 8 Phil. 89 (1907)] Material Crimes Those committed with three (3) stages of execution.

2. Elements of the Crime The existence of certain elements is a factor in determining its consummation. [REYES, Book 1] 3. Nature of the Crime Itself There are certain crimes requiring a specific criminal intent. Examples: Robbery, Theft, Rape (See: Discussion on Specific Criminal Intent) THREE (3) STAGES OF EXECUTION: A. ATTEMPTED Elements [CNDO]: 1. The offender Commences the commission of the felony directly by overt acts. 2. He does Not perform all the acts of execution which should produce the felony. 3. The non-performance of all acts of execution was Due to cause or accident

Other than desistance.

his

own

spontaneous

When is a Crime Commenced: 1. There are external acts. 2. Such external acts have a direct connection with the crime intended to be committed. Definition of Terms: 1. Overt Act - Some physical activity or deed, indicating the intention to commit a particular crime. It is more than a mere planning or preparation. [REYES, Book 1] 2. Desistance: General Rule: An absolutory cause which negates criminal liability provided that the desistance was made when the acts done have not yet resulted in any felony. Desistance is recognized only in the attempted stage of the felony. Exemption: In certain cases, although negated at the attempted stage, but there may be other felonies arising from his act. Example: An attempt to kill that results in physical injuries still leads to liability for the injuries inflicted. B. FRUSTRATED Elements [AFN]: 1. Offender performs All the acts of execution 2. All the acts performed would produce the Felony as a consequence 3. But the felony is Not produced by reason of causes independent of the will of the perpetrator.

Not all crimes have a Frustrated Stage General Rule: Felonies that do not require any result do not have a frustrated stage. Crimes which do not admit of frustrated stage [RABT]: 1. Rape - Once there is penetration, no matter how slight it is, the offense is consummated. [People v. Orita, G.R. No. 88724 (1990)] 2. Arson – The crime of arson already consummated even if only a portion of the wall or any part of the house is burned. The

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consummation of the crime does not depend upon the extent of the damage caused. [People v. Hernandez, G.R. No. L31770 (1929)] 3. Bribery and Corruption of Public Officers - If there is a meeting of the minds, there is consummated bribery or consummated corruption. [US v. Basa, 8 Phil. 89 (1907)] 4. Theft - Once there is unlawful taking, theft is consummated. It does not matter how long the property was in the possession of the accused; it does not matter whether the property was disposed or not [Valenzuela v. People, G.R. No. 160188 (2007)]. C. CONSUMMATED Requisite: All the elements necessary for its execution and accomplishment are present. Indeterminate Offense It is one where the intent of the offender in performing an act is not certain. The accused may be convicted of a felony defined by the acts performed by him up to the time of desistance. The intention of the accused must be viewed from the nature of the acts executed by him and the attendant circumstances, and not from his admission. Attempted v. Frustrated v. Consummated Attempted Felony

Frustrated Felony

Consummate d Felony

All acts of execution are finished BUT Crime sought to be committed is not achieved

All acts of execution are finished

As to Why a Felony is Not Produced

Due to reasons other than the spontaneou s desistance of the perpetrator

Due to intervening causes independent of the will of the perpetrator

As to Position in the Timeline Offender is already in the Offender objective still in phase subjective because all phase acts of because he execution are still has already control of present and his acts, the cause of including its nontheir accomplishme natural nt is other than cause. the offender’s will

Offender is in the objective phase as all acts of execution are already present and a felony is produced

e. Continuing Crimes Continuing Crime Single crime consisting of a series of acts arising from a single criminal resolution or intent not susceptible of division. Requisites [PA- UP- UCIP]: 1. Plurality of Acts; 2. Unity of Penal provision infringed upon; and 3. Unity of Criminal Intent and Purpose

As to Acts Performed Overt acts of execution are started BUT Not all acts of execution are present

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One Larceny Doctrine For prosecution of theft cases, the one larceny doctrine provides that the taking of several things, whether belonging to the same or different owners, at the same time and place, constitutes one larceny only so long as there is a single criminal impulse. [Santiago v. People, G.R. No. 109266 (1993)]

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Examples: 1. Insurrection, Rebellion, Subversion, and other crimes and offenses committed in the furtherance, on the occasion thereof, or incident thereto [In the Matter of Petition for Habeas Corpus of Roberto Umil, G.R. No. 81567 (1990)] 2. Eight robberies as component parts of a general plan. [People v. De la Cruz, G.R. No. L-1745 (1950)] How Applied Whenever the Supreme Court concludes that the criminals should be punished only once, because they acted in conspiracy or under the same criminal impulse: ● It is necessary to embody these crimes under one single information. ● It is necessary to consider them as complex crimes even if the essence of the crime does not fit the definition of Art 48, because there is no other provision in the RPC. Application to Special Laws The concept is applicable to crimes under special laws. This is in line with Art. 10 which states that the RPC shall be supplementary to special laws, unless the latter provides the contrary. Real or Material Plurality v. Continuing Crime Real or Material Plurality

Continuing Crime

There is a series of acts performed by the offender. As to the Number of Crimes Committed Each act performed constitutes a separate crime because each act is generated by a criminal impulse

The different acts constitute only one crime because all of the acts performed arise from one criminal resolution.

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Examples on Real Plurality: 1. The act of firing one’s revolver twice in succession, killing one person and wounding another. [U.S. v. Ferrer, 1 Phil. 56 (1901)] 2. Two persons are killed one after another by different acts. [People v. Olfindo, 47 Phil. 1 (1924)] Transitory Crime v. Continuing Crime Offense where some acts material and essential to the crimes and requisite to their commission occur in one territory and some acts are done in another. [AAA v. BBB, G.R. No. 212448 (2018)] The theory is that a person charged with a transitory offense may be tried in any jurisdiction where the offense is in part committed. [Tuzon v. Cruz, G.R. No. L-27410 (1975)] Examples: 1. Estafa – its necessary elements (deceit and damage) may take place in different territorial jurisdictions [Gamboa v. CA, G.R. No. L-41054 (1975)] 2. Violation of BP No. 22 (Bouncing Checks Law) [Uy v. CA, G.R. No. 119000 (1997)]

f. Complex Crimes and Composite Crimes Art. 48. Penalty for complex crimes – When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period. 1. COMPOUND CRIME Requisites [S-S21]: 1. That only a Single act is performed by the offender 2. That the single act produces: a. 2 or more grave felonies, or b. 1 or more grave and 1 or more less grave felonies, or 2 or more less grave felonies

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Examples: 1. A single bullet killing two persons [People v. Pama, C.A., 44 O.G. 3339 (1992)] 2. The act of raping a girl, causing her physical injuries which required medical attention for about 20 days. This is a complex crime of rape with less serious physical injuries. [U.S. v. Andaya, 34 Phil. 690 (1916)] Light Felonies Light felonies produced by the same act should be treated and punished as separate offenses or may be absorbed by the grave felony. 2. COMPLEX CRIME Requisites [2-N-SS]: 1. That at least 2 offenses are committed 2. That one or some of the offenses must be Necessary to commit the other • Does not need to be “indispensable means” 3. That both or all the offenses must be punished under the Same Statute. When No Complex Crime Proper 1. Subsequent acts of intercourse, after forcible abduction with rape, are separate acts of rape 2. When trespass to dwelling is a direct means to commit a grave offense 3. When one offense is committed to conceal the other 4. Where one of the offenses is penalized by special law 5. There is no complex crime of rebellion with murder, arson, robbery, or other common 6. In case of continuous crimes. 7. When the other crime is an indispensable element of the other offense. General Rules in Complexing Crimes 1. Information – only one (1) shall be filed 2. Jurisdiction - When two crimes produced by a single act are respectively within the exclusive jurisdiction of two courts of different jurisdiction, the court of higher jurisdiction shall try the complex crime. 3. Penalty

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o Where both penalties provide for imprisonment - penalty to be imposed is the penalty for the most serious crime, applied in its maximum. o Where one of the penalties is imprisonment and the other is fine only the penalty of imprisonment should be imposed. 4. When the other offense is not proven accused can be convicted of the other. Art. 48 is Not Applicable in the following instances [ESTRADA, Book 1]: a. When the crimes have common elements; b. When the crimes involved are subject to the rule of absorption; c. Where the two offenses resulting from a single act are specifically punished as a single crime. Example: Less serious physical injuries with serious slander of deed, since this is punished under Art. 265 (2) d. Acts penalized under Art. 365 (those resulting criminal negligence) [Ivler v. Modesto-San Pedro, supra.] e. In special complex crimes or composite crimes. 3. SPECIAL COMPLEX CRIMES In substance, there is more than one crime; but from the eyes of the law, there is only one. The law treats it as a single crime for which it prescribes a single penalty. It is also called a composite crime. Requisites [2-SI-SCI]: 1. 2 or more crimes are committed 2. But the law treats them as a Single, Indivisible, and unique offense 3. Product of Single Criminal Impulse Examples: 1. Robbery with Homicide [Art. 294 (1)] 2. Robbery with Rape [Art. 294 (2)] 3. Kidnapping with serious physical injuries [Art. 267 (3)] 4. Rape with Homicide [Art. 335]

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Compound Crime v. Complex Crime Proper v. Special Complex Crime Compound Crime (delito compuesto)

Complex Crime Proper (delito complejo)

Special Complex Crime (delito especial complejo)

Definition Single act constitutes two or more grave or less grave felonies [Art. 48].

An offense is a necessary means to commit another offense [Art. 48].

The law fixes one penalty for two or more crimes committed.

Elements Requisites [S-S21]: 1. That only a Single act is performed by the offender 2. That the single acts produces: a. 2 or more grave felonies, or a. 1 or more grave and 1 or more less grave felonies, or 2 or more less grave felonies

Requisites [2-N-SS]: 1. That at least 2 offenses are committed 2. That one or some of the offenses must be Necessary to commit the other 3. That both or all the offenses must be punished under the Same Statute.

Requisites [2-SI-SCI]: 1. 2 or more crimes are committed 2. But the law treats them as a Single, Indivisible, and unique offense 3. Product of Single Criminal Impulse

Imposable Penalty Penalty for most serious crime shall be imposed in its maximum period [Art. 48]

Penalty for most serious crime shall be imposed in its maximum period [Art. 48]

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That which is indicated in the Revised Penal Code

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2. Circumstances Affecting Criminal Liability Circumstances Affecting Criminal Liability, Distinguished [Reyes, Book 1] As to lawfulness of act

Justifying

No Felony

Exempting

There is a Felony

As to presence of criminal liability

As to presence of civil liability

No Criminal Liability

No Civil Liability Except Par. 4 With Civil Liability Except Par. 4 & 7

Mitigating

Decreased Criminal Liability

With Civil Liability

Aggravating

Increased Criminal Liability

Alternative

Increased or Decreased Criminal Liability

a. Justifying Circumstances [Art. 11] Justifying Circumstances [REYES, Book 1] Where the act of the person is said to be in accordance with the law, so that such person is deemed not to have transgressed the law. ● Basis: Lack of dolo ● Criminal Liability: None; there is no crime committed, the act being justified. ● Civil Liability: None, except in par. 4, Art. 11 (avoidance of greater evil), where the civil liability is borne by the persons benefited by the act in proportion to the benefit they may have received [Art. 101, RPC]. ● Burden of Proof - rests on the accused [People v. Corecor, G.R. No. L-63155 (1988)] Requisites of Each Circumstance [D3AFS]: Requisites

Justifying circumstance

Defense of person, 1. Unlawful aggression; right, property, or 2. Reasonable necessity of means employed to prevent or repel it; and honor (URL) 3. Lack of sufficient provocation on the part of the person defending himself. Defense of relatives (URN)

Defense strangers (URI)

1. Unlawful aggression; 2. Reasonable necessity of means employed to prevent or repel it; and of 3. Lack of sufficient provocation on part of relative, or, in case provocation, the one making the defense had No part therein.

of 1. Unlawful aggression; 2. Reasonable necessity of the means employed to prevent or repel it; and

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3. The person defending was not Induced by revenge, resentment or other evil motive. Avoidance of greater evil (ENIM)

1. Evil sought to be avoided actually Exists. 2. Evil or injury must Not have been produced by the one invoking the justifying circumstances. 3. Injury feared be greater than that done to avoid it; and 4. There are no other practical and less harmful Means of preventing it.

Fulfillment of duty or 1. Offender acted in Performance of duty or in the lawful exercise of a right lawful exercise of or office; and right (PN) 2. The injury caused or the offense committed be the Necessary consequence of the due performance of duty or the lawful exercise of such right or office. Obedience Superior (OPM)

1.

to 1. Order must have been issued by a superior; order 2. The order is for some lawful Purpose; and 3. Means used to carry it out must be lawful.

DEFENSE OF PERSON, RIGHTS, PROPERTY, AND HONOR (SELFDEFENSE)

Requisites: [URL] 1. Unlawful aggression; 2. Reasonable necessity of means employed to prevent or repel it; and 3. Lack of sufficient provocation on the part of the person defending himself. Why Self-Defense is Lawful ● Impulse of self-preservation; ● State cannot provide protection for each of its constituents. [REYES, Book 1] No Accidental Self-Defense Self-defense implies a deliberate and positive overt act of the accused to prevent or repel an unlawful aggression of another with the use of reasonable means. The accused has freedom of action, and is aware of the consequences of his acts. From necessity, and limited by it, proceeds the right of self-defense. [People v. Toledo, G.R. No. L-28655 (2004)]

REQUISITES: a. Unlawful Aggression This is the single indispensable element in Self-Defense, Defense of Relatives, and Defense of Strangers [REYES, Book 1] Peril to one’s life, limb, or right is a. Actual; and b. Imminent It presupposes actual, sudden, and unexpected attack or imminent danger thereof, not merely threatening or intimidating attitude. [People v. Colinares, G.R. No. 182748 (2011)] Rules in Unlawful Aggression: a. Aggression must be unlawful [REYES, Book 1] b. The peril to one’s life, limb, [People v. Sumicad, G.R. No. 35524 (1932)] or right is actual and imminent. [REYES, Book 1] c. Unlawful aggression must be a continuing circumstance or must have been existing at the time the defense is made. [People v. Dijan, G.R. No. 142682 (2002)] d. Retaliation is not allowed when unlawful aggression ceases. [People v. Cajurao, G.R. No. 122767 (2004), cited in REYES, Book 1]

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Exception: When the aggressor retreats to obtain a more advantageous position to ensure the success of the initial attack, unlawful aggression is deemed to continue. [REYES, Book 1] e. Picking up a weapon is unlawful aggression if circumstances show that the intention is to harm the defendant. [People v. Javier, 46 O.G. No. 7 (1950), cited in REYES, Book 1] f. Mere belief of an impending attack is not sufficient but in relation to “mistake of fact,” the belief of the accused may be considered in determining the existence of unlawful aggression [People v. Bautista, G.R. No. L-8611 (1956)]. Considerations in Determining Existence of Unlawful Aggression: 1. Physical & objective circumstance (e.g. wound received by deceased) [People v. Dorico, G.R. No. L-31568 (1973)] 2. Lack of motive of person defending himself [People v. Berio, G.R. No. 40602 (1934)] 3. Conduct of accused immediately after the incident [People v. Boholst-Caballero, G.R. No. L-23249 (1974)] When in Retaliation When the killing of the deceased by the accused was after the attack made by the former, the accused must have no time nor occasion for deliberation and cool thinking. When unlawful aggression ceases, the defender has no longer any right to kill or wound the former aggressor, otherwise, retaliation and not self-defense is committed [People v. Bates, G.R. No. 139907 (2003)]. Lawful Aggression Aggression is lawful when it is done: 1. For the fulfillment of a duty [People v. Gayraina, G.R. Nos. 39270 & 29271 (1934), cited in REYES, Book 1] 2. In the exercise of a right in a more or less violent manner [U.S. v. Merced & Patron, G.R. No. 14170 (1918)]

No Unlawful Aggression There is no unlawful aggression in the following circumstances: a. When there is an agreement to fight and the challenge to fight was accepted. [People v. Navarro, G.R. No. L-1878 (1907)] Exception: When the aggression which is ahead of an agreed time or place is unlawful aggression. [Severino Justo v. CA, G.R. No. L-8611 (1956)] b. When the paramour kills the offended husband who was assaulting him because the husband’s aggression was lawful [Art. 247, RPC] [U.S. v. Merced, G.R. No. 14170 (1918)]. c. Reasonable force made by a police officer to arrest a suspect [People v. Calip, et al., 3 C.A. Rep. 808, cited in REYES, Book 1] b.

Reasonable Employed

Necessity

of

Means

Requisites: a. Necessity of the: b. course of action taken c. means employed d. The above must be reasonable [REYES, Book 1] Doctrine of Rational Equivalence Rational equivalence presupposes the consideration not only of the nature and quality of the weapons used by the defender and the assailant, but of the totality of circumstances surrounding the defense vis-à-vis the unlawful aggression. [Espinosa v. People, G.R. No. 181071 (2010)] As to whether the means employed is in proportion to the harm done does not depend on harm done, but the imminent danger of such injury. [People v. Gutual, G.R. No. 115233 (1996)] Perfect equality between the weapon used by the one defending himself and that of the aggressor is not required, nor is the material commensurability between the means of attack

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and defense. Rational equivalence is enough. [People v. Samson, G.R. No. 214883, (2015)] Test of Reasonableness [REYES, Book 1] Reasonableness depends upon the: 1. Nature and quality of the weapon used by the aggressor 2. Aggressor’s physical condition, character, size, and other circumstances 3. Circumstances of those of the person defending himself 4. Place and occasion of the assault When the Assault was Without Use of Weapon General Rule: A man is not justified in taking the life of one who assaults him with his fist only, without the use of a dangerous weapon. Exception: Where the person assaulted has retreated to the wall and uses in a defensive way the only weapon at his disposal. [People v. Sumicad, G.R. No. 35524 (1932)] NOTE: The general rule contemplates the situation where the contestants are in the open and the person can opt to run away. Rules in Use of Firearms 1. If the attacker is already disarmed - there is no need to further use violence. [People v. Masangkay, G.R. No. L-73461 (1988)] 2. If the attacker was disarmed but struggled to re-obtain the weapon violence may be justified. [People v. Rabandaban, G.R. No. L-2228 (1950)] 3. The one defending must aim at the defendant and not indiscriminately fire his deadly weapon. [People v. Galacgac, C.A., 54 O.G. 1027, cited in REYES, Book 1] Interpretation This element should be interpreted liberally in favor of the law-abiding citizen. [People v. So, 5 CAR [2s] 671, 674, cited in REYES, Book 1] c. Lack of Sufficient Provocation The accused who claims self-defense must not have provoked the aggression of the victim.

CRIMINAL LAW

Provocation is sufficient when it is proportionate to the aggression. [People v. Boholst-Caballero, supra] Requisite is Present when: [No PSDP] 1. No Provocation at all was given 2. Even if provocation was given, it was not Sufficient 3. Even if the provocation was sufficient, it was not given by the person Defending himself 4. Even if the provocation was given by the person defending himself, it was not Proximate and immediate to the act of aggression. [Cano v. People, G.R. No. 155258 (2003)] Insults General Rule: Verbal argument considered sufficient provocation.

is

not

Exception: Insults in vulgar language are. SUBJECTS OF SELF-DEFENSE 1. Defense of person 2. Defense of rights 3. Defense of property [REYES, Book 1] Defense of Property The defense of property rights can be invoked if there is an attack upon the property, although it is not coupled with an attack upon the person of the owner of the premises, so long as all the elements for justification must however be present. [People v. Narvaez, G.R. No. L33466-67 (1983)] Examples of Other Subjects of Self-Defense 1. Defense of Home Violent entry to another’s house at nighttime; by a person who is armed with a bolo; and forcing his way into the house, shows he was ready and looking for trouble. [People v. Mirabiles, 45 O.G., 5th Supp., 277, cited in REYES, Book 1] 2. Defense of Honor and Reputation Placing a hand by a man on the woman’s upper thigh is unlawful aggression. [People v. Jaurigue, C.A. No. 384 (1946)].

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A slap on the face is also considered as unlawful aggression since the face represents a person and his dignity. [Rugas v. People, G.R. No. 147789 (2004)] Stand Your Ground Principle A person is justified in the use of deadly force and does not have a duty to retreat if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself. [U.S. v Domen, G.R. No. L-12963 (1917)] ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 (R.A. 9262) Battered Woman Syndrome Scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. [Sec. 3(c), R.A. 9262] People v. Genosa doctrine Battered woman syndrome (BWS) is characterized by a “cycle of violence”, which is made up of three phases. For the BWS to be available as a defense, it must be proven that there has been more than one cycle. [People v. Genosa, G.R. No. 135981 (2004)] First Phase: Tension Building Phase 1. Where minor battering occurs, it could be a verbal or slight physical abuse or another form of hostile behavior. 2. The woman tries to pacify the batterer through a show of kind, nurturing behavior, or by simply staying out of the way. 3. But this proves to be unsuccessful as it only gives the batterer the notion that he has the right to abuse her. Second Phase: Acute Battering Incident 1. Characterized by brutality, destructiveness, and sometimes death. 2. The battered woman has no control; only the batterer can stop the violence.

CRIMINAL LAW

3. The battered woman realizes that she cannot reason with him and resistance would only worsen her condition. Third Phase: Tranquil Period 1. Characterized by guilt on the part of the batterer and forgiveness on the part of the woman. 2. The batterer may show a tender and nurturing behavior towards his partner and the woman also tries to convince herself that the battery will never happen again and that her partner will change for the better. [People v. Genosa, G.R. No. 135981 (2004)] Characteristics of BWS [FIFI] 1. The woman believes that the violence was her Fault; 2. She has an Inability to place the responsibility for the violence elsewhere; 3. She Fears for her life and/or her children’s life 4. She has an Irrational belief that the abuser is omnipresent and omniscient. [People v. Genosa, supra, cited in REYES, Book 1] Genosa Ruling is Abandoned by RA No. 9262 Under the Genosa ruling, BWS is valid as a defense only when all the requisites of selfdefense are present. Sec. 26 of RA No. 9262 abandons the precedent set by Genosa case, which states that “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 RPC”. 2. DEFENSE OF RELATIVES Requisites [URL] a. Unlawful aggression b. Reasonable necessity of means employee; and

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c. Lack of sufficient provocation on part of relative, or, in case of provocation, the one making the defense had no part therein. Rationale: This justifying circumstance is found not only upon a humanitarian sentiment, but also upon the impulse of blood which impels men to rush, on the occasion of great perils, to the rescue of those close to them by ties of blood. [REYES, Book 1] Relatives Covered by Par. 2 [SAD-SiRC] 1. Spouse 2. Ascendants 3. Descendants 4. Legitimate, natural, or adopted Siblings, or relatives by affinity in the same degrees (parents-in-laws, children-in-law, siblingsin-law) 5. Relatives by Consanguinity within 4th civil degree Person Being Defended Still in Danger Unlawful aggression can be made to depend on the honest belief of the one making a defense. However, one may no longer be exempt from criminal liability when he or the person being defended is no longer in danger of bodily harm by the aggressor. [US v. Esmedia, G.R. No. L-5740 (1910)] 3. DEFENSE OF STRANGER Requisites [URN] a. Unlawful aggression b. Reasonable necessity of the means employed; and c. Person defending was Not induced by revenge, resentment, or other evil motive NOTE: Motive is relevant only in this kind of defense. Rationale: What one may do in his defense, another may do for him. The ordinary man would not stand idly by and see his companion killed without attempting to save his life. [U.S. v. Aviado, G.R. No. 13397 (1918)]

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Stranger Any person not included in the enumeration of relatives under par. 2 of Art. 11. [REYES, Book 1] 4. STATE OF NECESSITY (AVOIDANCE OF A GREATER EVIL) Requisites [ENIM]: a. Evil to be avoided actually Exists b. Evil or injury is Not produced by the one invoking the justifying circumstance c. Injury feared by greater than that done to avoid it; and d. No other practical and less harmful Means of preventing it Civil Liability It is only in this paragraph that the person accused incurs civil liability despite the justifying circumstance. Said liability is borne by the person benefited by the act. State of Necessity There is necessity when the situation is of grave peril, actual or imminent. It is indispensable that the state of necessity is not brought about by intentional provocation on the part of the party invoking the same. [People v. Retubado, G.R. No. 1203058 (2003)] Kind of Evil The evil contemplated includes injury to persons and damage to property. This greater evil must not be brought about by the negligence or imprudence of the accused. [Ty v. People, G.R. No. 149275 (2004)] 5. FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE Requisites [PN]: a. The accused acted in the Performance of a duty or on the lawful exercise of a right or office; and b. The injury caused or offense committed be the Necessary consequence of the due performance of duty or the lawful exercise of such right or office.

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Police Officers The law does not clothe police officers with authority to arbitrarily judge the necessity to kill, but must be within reasonable limits [People v Ulep, G.R. No. 132547 (2000)]. Warning Shot To justify the killing by a policeman of a suspected robber as fulfillment of his lawful duty, he must have first fire a warning shot before shooting. [Mamangun v. People, G.R. No. 149152 (2007)] However, the directive to issue a warning contemplates a situation where several options are available to the officers. When the threat to the life of the law enforcer was imminent and there was no other option but to use force, a police officer conducted himself in the lawful exercise of a right. [People v Cabanlig, G.R. No. 148431 (2005)]. 6. OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE Requisites [OPM] a. An Order has been issued by a superior b. Such order must be for some lawful Purpose; and c. The Means used by the subordinate to carry out said order is lawful Examples: 1. Where the accused acted upon orders of superior officers that they, as military subordinates, could not question, and obeyed in good faith, without being aware of their illegality, without any fault or negligence on their part, the act is not accompanied by criminal intent. A crime is not committed if the mind of the person

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performing the act be innocent. [People. v. Beronilla, G.R. No. L-4445 (1955)] 2. One who prepared a falsified document with full knowledge of its falsity is not excused even if he merely acted in obedience to the instruction of his superior, because the instruction was not for a lawful purpose. [People. v. Barroga, G.R. No. L-31563 (1930)] 3. A soldier who tortured to death the deceased in obedience to the order of his sergeant is not exempt from liability because the order to torture the deceased was illegal, and the accused was not bound to obey it. [People. v. Margen, et al., G.R. No. L-2681 (1950)]

b. Exempting Circumstances [Art. 12] Exempting Circumstances [REYES, Book 1] Grounds for exemption from punishment because the agent of the crime is wanting any of the conditions which make the act voluntary or negligent.

The reason for the exemption lies on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused. Burden of Proof Prosecution has the burden of proof to establish the guilt of the accused. However, once the defendant admits the commission of the offense charged, but raises an exempting circumstance as a defense, the burden of proof is shifted to him. [People v. Concepcion, G.R. No. 148919 (2002)]

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Justifying v. Exempting Circumstances Justifying Circumstances [Art. 11, RPC]

It affects the act, not the actor.

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Exempting Circumstances [Art. 12, RPC]

As to Effect of Circumstance It affects the actor, not the act.

As to Lawfulness of Act The act is considered to have been done within The act complained of is actually wrongful, the bounds of law; hence, legitimate and lawful in but the actor is not liable. the eyes of the law. Since the act complained of is actually wrong, Since the act is considered lawful, there is no there is a crime but since the actor acted without voluntariness or negligence, there is crime. no dolo or culpa. As to Liability There is no criminal liability and no civil liability There is no criminal liability but there is civil (except: avoidance of greater evil where civil liability (except: accident; insuperable cause). liability is borne by persons for whose benefit the harm has been prevented.) Requisites of Each Circumstance [IMDAI-UI] Exempting Requisites Circumstance Insanity or imbecility Imbecile or insane person did not act during lucid interval Minority; Without 1. Accused is 15 years old and Below; and Discernment 2. Accused is Between 15 and 18 years old, and he (15B-Bet1518WD) acted Without Discernment Accident (LDAW) 1. A person is performing a Lawful act; 2. Act was done with Due care; 3. He causes an injury to another by mere Accident; and 4. Without fault or intention of causing it. 1. There is compulsion is by means of Physical force; Irresistible force 2. Physical force must be Irresistible; and (PIT) 3. Physical force must come from a Third person. 1. Existence of an uncontrollable fear Uncontrollable fear (ERIGE) 2. Fear must be Real and Imminent. 3. Fear of an injury is Greater than or Equal to that committed. Insuperable or lawful 1. That an act is Required by law to be done; 2. That a person Fails to perform such act; cause (RFLi) 3. That his failure to perform such act was due to some Lawful or insuperable cause

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Basis Absence of intelligence Absence of intelligence Lack of negligence and intent

Absence of freedom Absence of freedom

Lack of intent

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1. INSANITY OR IMBECILITY Imbecile One who, while advanced in age, has a mental development comparable to that of a child between 2 and 7 years of age. [REYES, Book 1] Feeblemindedness is not Imbecility For imbecility, it is necessary that there is a complete deprivation of intelligence in committing the act. Feeblemindedness may, however, be considered a mitigating circumstance. [People v. Formigones, G.R. No. L-3246 (1950)] Insanity A complete deprivation of intelligence in committing the act, but capable of having lucid intervals. Mere abnormality of mental faculties is not enough especially if the offender has not lost consciousness of his acts. [People v. Formigones, supra, cited in REYES, Book 1] General Rule: Insanity is an exempting circumstance Exception: During a lucid interval, the insane acts with intelligence, thus, is not exempt from criminal liability. Remission of Symptoms One suffering from psychosis who takes medication is “in remission of symptoms”; meaning, he would not actively exhibit the symptoms of psychosis and it is only when one fails to take his medication and/or drinks alcohol that the symptoms of psychosis may be triggered, depriving one of his will. However, that one is in remission of symptoms or has failed to take the prescribed medicine is not a conclusive finding as to the sanity of the accused at the time of the commission of the crime. Psychotic may have varying degrees of awareness of the consequences of his acts, which awareness would also depend on the degree of psychosis at the time of the commission of the act. [People v. Antonio, Jr., G.R. No. 144266 (2002)]

CRIMINAL LAW

Rules in Insanity 1. Presumption of Sanity Burden of proof of insanity is on the defense. [People v. Aquino, G.R. No. 87084 (1990)] 2. Insanity should exist before or at the moment of the act or acts under prosecution [People v. Aquino, supra] Insanity subsequent to commission of crime is not exempting. He is presumed to be sane when he committed it. [U.S. v. Guevara, G.R. No. 9265 (1914)] 3. There must be a complete deprivation of intelligence in committing the act. Mere abnormality of the mental faculties will not exclude imputability. [People v. Formigones, supra; Art. 13, par. 9, RPC, cited in REYES, Book 1] How Proven The state or condition of a person’s mind can only be measured and judged by his behavior. Opinion Testimony Establishing the insanity of an accused requires opinion testimony which may be given by a witness who is intimately acquainted with the accused, by a witness who has rational basis to conclude that the accused was insane based on the witness’ own perception of the accused, or by a witness who is qualified as an expert, such as a psychiatrist. The testimony or proof of the accused’s insanity must relate to the time preceding or coetaneous with the commission of the offense with which he is charged. [People v. Madarang, G.R. No. 132319 (2000)] Two (2) Tests: Test of: 1. Cognition - Whether the accused acted with complete deprivation of intelligence; and 2. Volition - Whether the accused acted in total deprivation of freedom of will. [People v. Rafanan, G.R. No. L-54135 (1991)]

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Mental Illnesses Covered Cases covered under this article are: [MEPSleD] 1. Malignant malaria, which affects the nervous system [People v. Lacena, G.R. No. 46836 (1940)] 2. Epilepsy [People v. Mancao and Aguilar, G.R. No. L-26361 (1927)] 3. Psychosis or schizophrenia, except when in remission of symptoms [People v. Antonio, Jr., G.R. No. 144266 (2002)] 4. Somnambulism: Sleep-walking [People v. Taneo, G.R. No. L-37673 (1933)] 5. Dementia praecox [People v. Bonoan, G.R. No. L-45130 (1937)] Conditions Not Considered as Insanity 1. Amnesia - in and of itself, it is no defense to a criminal charge unless it is shown by competent proof that the accused did not know the nature and quality of his action and that it was wrong. [People v. Tabugoca, G.R. No. 125334 (1998)] 2. Craziness – Unusual behaviors, such as smiling to oneself and calling a chicken late at night, are not proof of complete absence of intelligence because not every aberration of the mind or mental deficiency constitutes insanity. [People v. Miraña, G.R. No. 219113 (2018)] 3. Pedophilia – Despite his affliction, a pedophile could still distinguish between right and wrong. [People v. Diaz, G.R. No. 130210 (1999)]

After Judgment or while serving sentence

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Execution of judgment is suspended and the accused is committed to a Hospital. The period of confinement in the hospital is counted for the purpose of the prescription of the penalty.

2. MINORITY NOTE: Pars. 2 and 3 of Article 12, and Art. 80 of the RPC, have been amended/repealed by P.D. 603, as amended, and R.A. 9344. JUVENILE JUSTICE AND WELFARE ACT OF 2006 (R.A. 9344) Definition of Terms: a. Child - person under 18 years. b. Child in conflict with the law - child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws. [Sec. 4(e), R.A. 9344] c. Intervention – a series of activities designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional, and psychosocial well-being [Sec. 4(l), R.A. 9344]

Juridical Effects of Insanity [REYES, Book 1] When Insanity is Present

Effect on liability

At the time of the commission of the crime

Exempt from liability

During Trial

He is criminally liable but the proceedings will be suspended and the accused is committed to a hospital.

When Exempt from Criminal Liability: a. A child 15 years or under at the time of the commission of the offense shall be exempt from criminal liability. A child is deemed to be 15 years of age on the date of his/her 15th birthday. b. A child above 15 years but below 18 years of age who acted without discernment shall be exempt from criminal liability. [Sec. 6, R.A. 9344] In both cases, the child shall be subjected to an intervention program. [Sec. 6, R.A. 9344]

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Discernment Capacity of the child at the time of the commission of the offense to understand the differences between right and wrong and the consequences of the wrongful act. [Sec. 4, A.M. No. 01-1-18-SC, Revised Rule on Children in Conflict with the Law]

3. ACCIDENT

Presumption of Minority A child in conflict with the law enjoys the presumption of minority. [Sec. 5, A.M. No. 011-18-SC]. In case of doubt as to the age of the child, it shall be resolved in his/her favor. [Sec. 7, R.A. 9344]

Requisites [LDAW] a. A person is performing a Lawful act; b. Act was done with Due care; c. He causes injury by mere Accident; and d. Without fault or intention of causing it

Something that happens outside the sway of our will and, although coming about through some act of our will, lies beyond the bounds of humanly foreseeable consequences. [REYES, Book 1]

Accident v. Avoidance of greater evil Determination of Age 1. Child’s birth certificate 2. Baptismal certificate 3. Other pertinent documents 4. In the absence of such documents, age may be based on: a. Testimony of the child b. Testimony of a member of the family related by affinity or consanguinity c. Testimony of other persons d. Physical appearance of the child e. Other relevant evidence [Sec. 5, A.M. No. 01-1-18-SC]

Accident [Art. 12(4)]

Avoidance of Greater Evil [Art. 11(4)]

As to Type of Circumstance Exempting

Justifying

As to Cause of Damage Offender accidentally Offender deliberately caused the damage. caused the damage. 4. IRRESISTIBLE FORCE

Any person alleging the age of the child in conflict with the law has the burden of proving the age of such child. [REYES, Book 1] Civil Liability The exemption from criminal liability does not include exemption from civil liability, which shall be enforced in accordance with existing laws. [Sec. 6, R.A. 9344] General Rule: The parents shall be liable for damages. Exception: If they were able to prove that they were exercising reasonable supervision over the child at the time the child committed the offense and exerted reasonable effort and utmost diligence to prevent or discourage the child from committing another offense. [Sec. 20-D, R.A. 9344, as amended by R.A. 10630]

Requisites [PIT] a. There was compulsion by means of Physical force b. Physical force must be Irresistible c. Physical force comes from a Third person [REYES, Book 1] Actus me invite factus non est meus actus. An act done by me against my will is not my act. The person invoking this circumstance must show that the force exerted was such that it reduced him to a mere instrument who acted not only without his will but against it. [People v. Lising, G.R. No. 106210-11 (1998)] The duress, force, fear or intimidation must be present, imminent and impending, and of such nature as to induce a well-grounded

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apprehension of death or serious bodily harm if the act is not done. [People v. Villanueva, G.R. No. L-9529 (1958)] 5. UNCONTROLLABLE FEAR Requisites [ERIGE] a. Existence of an uncontrollable fear b. Fear must be Real and Imminent. c. Fear of an injury is Greater than or Equal to that committed [People v. Petenia, G.R. No. L-51256 (1986)] Fear should not be speculative, fanciful, or remote. Such compulsion must leave no opportunity to the accused for escape or selfdefense in equal combat. [People v. Moreno, G.R. No. L-64 (1946), cited in REYES, Book 1] In Treason In the eyes of the law, nothing will excuse that act of joining an enemy, but the fear of immediate death. [People v. Bagalawis, G.R. No. L-262 (1947), cited in REYES Book 1] Uncontrollable Fear v. Irresistible Force [REYES, Book 1] Irresistible Force Uncontrollable Fear As to Recipient of Force/Fear Irresistible force Uncontrollable fear must operate may be generated directly upon the by a threatened act person of the directly to a third accused. person. As to Type of Evil/Injury Feared Injury feared may be Evil feared must be a lesser degree than greater or at least the damage caused equal to the damage by the accused. caused to avoid it. As to Source of Force/Fear Offender uses Offender employs physical force or intimidation or threat violence to compel in compelling another person to another to commit a commit a crime. crime.

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6. INSUPERABLE OR LAWFUL CAUSE Insuperable It means insurmountable. A cause which has lawfully, morally or physically prevented a person to do what the law commands. [People v. Bandian, G.R. No. 45186 (1936)] Requisites [RFLi] a. An act is Required by law to be done b. The person Fails to perform such act c. His failure to perform such act was due to some Lawful or insuperable cause Examples: 1. A woman cannot be held liable for infanticide when she left her newborn child in the bushes without being aware that she had given birth at all. [People v. Bandian, supra] 2. A municipal president was exempt from liability in the arbitrary detention of a prisoner because it was impossible to deliver him to the nearest judicial authority within the period provided by law given the only means of transportation available. [U.S. v. Vincentillo, G.R. No. L-6082 (1911)]

c. Mitigating Circumstances [Art. 13] If present, these circumstances do not entirely free the actor from criminal liability but serve only to reduce the penalty. Ordinary v. Privileged Mitigating Circumstance (MC) Ordinary MC Privileged MC As to Offset May be offset by any Cannot be offset aggravating circumstance As to Effect Reduces the If not offset, reduces the penalty to its min penalty by one to two degrees than period, provided the that provided by penalty is divisible. law.

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Requisites of Each Mitigating Circumstance [ICN-SIP-VDIA] Mitigating Circumstance

Requisites

Basis

Incomplete justification/ exemption

A majority, but not all, elements of justifying and exempting circumstances are present

Conditional minority

Offender is above fifteen but below eighteen years of age.

Diminution of intelligence

No intention to commit so grave a wrong

[NED] There is Notable and Evident Disproportion between the means employed to execute the criminal act and its consequences.

Diminution of intent

Sufficient provocation or threat

[SOPDI] 1. Provocation must be Sufficient 2. It must Originate from the offended party 3. It must be Personal and Directed to the accused 4. It must be Immediate to the act, i.e., to the commission of the crime by the person who is provoked

Diminution of intelligence and intent

Immediate vindication of a grave offense

[G(CR)VN] 1. That there be a Grave offense done to the one Committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or Relatives by affinity within the same degree. 2. That the felony is committed in Vindication of such grave offense. A lapse of time is allowed between the vindication and the doing of the grave offense. 3. The vindication need Not be done by the person upon whom the grave offense was committed

Diminution of voluntariness

Passion or obfuscation

[IPA(US)L] 1. The accused acted upon an Impulse. 2. The impulse must be so Powerful that it naturally produces passion or obfuscation in him. 3. That there be an Act, both Unlawful and Sufficient to produce such condition of mind; and 4. That said act which produced the obfuscation was not far removed from the commission of the crime by a considerable Length of time, during which the perpetrator might recover his normal equanimity.

Diminution of intelligence and intent

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Voluntary surrender or Plea of Guilt

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Voluntary Surrender: [NA-SV] 1. Offender had Not been actually Arrested. 2. Offender Surrendered himself to a person in authority or to the latter’s agent. 3. Surrender was Voluntary.

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Lesser perversity of the offender

Plea of Guilt: [SOP] 1. Offender Spontaneously confessed his guilt. 2. Confession of guilt was made in Open court, that is, before the competent court that is to try the case; and 3. Confession of guilt was made Prior to the presentation of evidence for the prosecution. Physical defects

[DDBO ADCR] 1. The offender is: a. Deaf and Dumb b. Blind, or c. Otherwise suffering from some physical defect which thus restricts his means of: I. Action II. Defense, or III. Communication with his fellow beings 2. Physical defect must have a Relation to the commission of the crime

Diminution of voluntariness

Illness

Illness of the offender: [D(WP)ND(C)] 1. Must Diminish the exercise of his Will-Power. 2. Should Not Deprive the offender of Consciousness of his acts.

Diminution of intelligence and intent

1. INCOMPLETE EXEMPTION

JUSTIFICATION

OR

Art. 69. Penalty to be imposed when the crime committed is not wholly excusable. – A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article 11 and 12, provided that the majority of such conditions be present. The courts shall impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions of exemption present or lacking.

Applicability Applicable when not all the requisites necessary to justify the act or to exempt from criminal liability under articles 11 and 12 are attendant. Provided, the majority of such conditions are present. Effect The courts have the discretion of imposing the penalty lower by one or two degrees than that prescribed by law, in view of the number and nature of the conditions of exemption present or lacking. Rules on Incomplete Justification a. When the justifying or exempting circumstance has only two (2) requisites, the presence of one element is sufficient [REYES, Book 1]

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b. Incomplete justification is a privileged mitigating circumstance (it cannot be offset by aggravating circumstances). [People v. Ulep, supra.] Incomplete Self-Defense, Defense of Relatives and Strangers a. Unlawful Aggression - should always be present to be appreciated as a mitigating circumstance. b. Ordinary mitigating circumstance - if only unlawful aggression is present. c. Privileged mitigating circumstance - if two of the three requisites are present [People v. Oanis, G.R. No. L-47722 (1943)] Incomplete Accident a. If the “accident” is attended with fault (cf. fourth element of accident) and without due care (second element), - act becomes punishable under Art. 365. [REYES, Book 1] b. If the “accident” is intended (cf. fourth element) and unlawful (first element), then the act is covered by Art. 4 (1), RPC – intentional felony. [REYES, Book 1]

What Age to Consider a. In determining whether the penalty should be lowered – the age of the offender at the time of the commission of the crime [Boado Comprehensive Reviewer, p. 45] b. In suspending the service of sentence – the age of the offender at the time the sentence is to be promulgated. [Boado Comprehensive Reviewer, p. 45] Effect of Minority of the Offender When the offender is a minor under 18 years, the penalty next lower than that prescribed by law shall be imposed, but always in the proper period. [People v. Jacinto, G.R. No. 182239 (2011)] Effect of Minority of the Offender Age 15 and below

Exempting circumstance

Above 15 but under 18

Without discernment: Exempting circumstance

2. UNDER 18 OR OVER 70 YEARS OLD (CONDITIONAL MINORITY) Art. 68. Penalty to be imposed upon a person under eighteen years of age. – When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this Code, the following rules shall be observed: 1. A person aged fifteen years of age or under at the time of the commission of the offense shall be exempt from criminal liability. [R.A. 9344, Sec. 6, as amended by R.A. 10630, Sec. 3] 2. Upon a person over fifteen and under eighteen years of age, the penalty next lower than that prescribed by law shall be imposed, but always in the proper period.

How appreciated

With discernment: Privileged Mitigating Circumstance Over 70

Ordinary Mitigating Circumstance except when the penalty imposable is death, in such case, the penalty shall be reduced to reclusion perpetua. [Boado Comprehensive Reviewer, p. 47]

3. NO INTENTION TO COMMIT SO GRAVE A WRONG (PRAETER INTENTIONEM) Praeter Intentionem The offender had no intention to commit a grave so wrong as what was actually committed. [Art. 13(3), RPC].

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Requisites [NED] There is Notable and Evident Disproportion between the means employed to execute the criminal act and its consequences. [U.S. v. Reyes, G.R. No. 12635 (1917)] Applicability Only applicable to offenses resulting in death, physical injuries, or material harm (including property damage) [People v. Galang de Bautista, C.A., 40 O.G. 4473, cited in REYES, Book 1]. When Not Applicable a. Crime results from criminal negligence or culpa [Boado Comprehensive Reviewer] b. Where the acts were reasonably sufficient and did actually produce the death of the victim. [People v. Sales, G.R. No. 177218 (2011)] c. Cases involving defamation or slander. [People v. Galang de Bautista, supra] Considerations in Determining Existence of Praeter Intentionem The intention, as an internal act, is judged not only by the proportion of the means employed by him to the evil produced by his act, but also by the: a. Weapon used [People v. Reyes, G.R. No. 42117 (1935), People v. Datu Baguinda, G.R. No. L-14388 (1960)] b. Part of the body injured [People v. Banlos, G.R. No. L-3412 (1950)] c. Injury inflicted [People v. Flores, G.R. No. 27093 (1927)] d. Manner it is inflicted. [People v. Banlos, G.R. No. L-3412 (1950)] e. Subsequent acts of the accused immediately after committing the offense. [People v. Ural, G.R. No. L-30801 (1974)] 4. SUFFICIENT THREAT

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PROVOCATION

OR

Provocation Any unjust or improper conduct or act of the offended party capable of exciting, inciting, or irritating anyone. [REYES, Book 1, p. 274]

Threat Threat must not be offensive and positively strong, otherwise, it may result to unlawful aggression, justifying self-defense. See: discussion on self-defense. [People v. Guysayco, G.R. No. 4912 (1903)] Requisites [SOPDI] a. Provocation must be Sufficient b. It must Originate from the offended party c. It must be Personal and Directed to the accused d. It must be Immediate to the act. When there is an interval of time between the provocation and the commission of the crime, the perpetrator has time to regain his reason [People v Pagal, G.R. No. L-32040 (1977)] Provocation as a Requisite of Incomplete Self-Defense

Provocation as a Mitigating Circumstance

It pertains to its absence on the part of the person defending himself. [People v. CA, G.R. No. 103613 (2001)]

It pertains to its presence on the part of the offended party. [People v. CA, G.R. No. 103613 (2001)]

BAR TIP: The common set-up given in a bar problem is that of provocation given by somebody against whom the person provoked cannot retaliate; thus the person provoked retaliated on a younger brother or on the father. Although in fact, there is sufficient provocation, it is not mitigating because the one who gave the provocation is not the one against whom the crime was committed. Look at two criteria a. Element of time; consider: i. Material lapse of time, and ii. Effect of the threat of provocation. b. If at the time the offender committed the crime, he is still suffering from outrage of the threat or provocation done to him., then

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he will still get the benefit of this mitigating circumstance. 5. IMMEDIATE VINDICATION OF A GRAVE OFFENSE Requisites [G(CR)VN] a. That there be a Grave offense done to the one Committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or Relatives by affinity within the same degree. b. That the felony is committed in Vindication of such grave offense. A lapse of time is allowed between the vindication and the doing of the grave offense. c. The vindication need Not be done by the person upon whom the grave offense was committed

Provocation v. Vindication [CAMPANILLA] Provocation [Art. 13, Par. 6]

As to Offended Party It is made directly only to the person committing the felony.

The grave offense may be committed against the offender’s relatives mentioned by law.

As to Graveness of Offense The offense need not be a grave offense.

The offended party must have done a grave offense to the offender or his relatives.

As to Immediateness of Offense

Lapse of Time Allowed Although the grave offense which engendered the perturbation of mind was not so immediate, it was held that the influence thereof, by reason of its gravity, lasted until the moment the crime was committed. [People v. Parana, G.R. No. L45373 (1937)]

The provocation or threat must immediately precede the act.

However, this circumstance cannot be considered where sufficient time has elapsed for the accused to regain his composure. [People v Ventura, G.R. No. 148145-46 (2004)]

It is a mere spite against the one giving the provocation or threat.

Gravity of Personal Offense The question whether or not a certain personal offense is grave is dependent on the following must be decided by the court, having in mind: [TimPlaS] a. Time when the insult was made; b. Place; and c. Social standing of the person.

Vindication [Art. 13, Par. 5]

The grave offense may be proximate, which admits of an interval of time

As to Subject of Offense It concerns the honor of the person.

6. PASSION OR OBFUSCATION Requisites [IPA(US)L] a. The accused acted upon an Impulse [Art. 13 (6), RPC]; b. The impulse must be so Powerful that it naturally produces passion or obfuscation in him [Art. 13(6), RPC; People v. Danafrata, G.R. No. 143010 (2003)]; c. That there be an Act, both Unlawful and Sufficient to produce such condition of mind; [People v. Comillo, G.R. No. 186538 (2009)] and d. That said act which produced the obfuscation was not far removed from the

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commission of the crime by a considerable Length of time, during which the perpetrator might recover his normal equanimity. [Del Poso v. People, G.R. No. 210810 (2016)]

Must arise from lawful sentiments to be mitigating.

Irresistible force is unlawful.

Passion/Obfuscation vs. Provocation [CAMPANILLA] There is passion or obfuscation when there are causes naturally producing in a person the following: a. Powerful excitement b. Loss of reason and self-control c. Diminution the exercise of his will power. [U.S. v. Salandanan, G.R. No. 951 (1902)] When Not Applicable a. When the act is committed in a spirit of lawlessness or revenge. [People v. Bates, G.R. No. 139907 (2003)] b. If the cause of loss of self-control is trivial and slight, obfuscation is not mitigating. [U.S. v. Diaz, G.R. No. 5155 (1910)] c. Act causing obfuscation does not come from the offended party. [REYES, Book 1, p. 295] Passion/Obfuscation vs. Irresistible Force Passion or Obfuscation [Art. 13 (6)]

Irresistible force [Art. 12 (5)]

As to Type of Circumstance Mitigating Circumstance

Exempting Circumstance

As to Role of Physical Force Does not involve physical force.

Physical force is a condition sine qua non.

As to Source of Circumstance Passion/obfuscation comes from the offender himself.

Irresistible force comes from a third person.

As to Source of Sentiments

Passion or Obfuscation [Art. 13 (6)]

Provocation [Art. 13(4)]

As to Source of Provocation Provocation comes from the injured party. As to immediateness of commission The offense which engenders the perturbation of mind need not be immediate. It is only required that the influence thereof lasts until the moment the crime is committed.

Must immediately precede the commission of the crime.

In both, the effect is the loss of reason and self-control on the part of the offender. Passion and Obfuscation Considered Alongside Other Circumstances. Passion and obfuscation cannot be considered separately from: a. Treachery (Aggravating Circumstance). Passion cannot co-exist with treachery because in passion, the offender loses his control and reason while in treachery the means employed are consciously adopted. [People v. Germina, G.R. No. 120881 (1998)] b. Provocation (Mitigating Circumstance). They cannot be considered as two separate mitigating circumstances. If these two circumstances are based on the same facts, they should be treated together as one mitigating circumstance. [Romera v. People, G.R. No. 151978 (2004)]

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c. Vindication (Mitigating Circumstance). Vindication of a grave offense and passion or obfuscation cannot be counted separately and independently. If these two circumstances arise from one and the same incident, they should be considered as only one mitigating circumstance. [People v. Torpio, G.R. No. 138984 (2004)] 7. VOLUNTARY SURRENDER OR PLEA OF GUILT A. Voluntary Surrender Requisites [NA-SV] a. Offender has Not been actually Arrested Exception: Where a person, after committing the offense and having opportunity to escape, voluntarily waited for the agents of the authorities and voluntarily gave up, he is entitled to the benefit of the circumstance, even if he was placed under arrest by a policeman then and there. [People v. Parana, G.R. No. L45373 (1937)] b. Offender Surrendered himself to a person in authority or to the latter’s agent Person in authority – one directly vested with jurisdiction. [Art. 152] Agent of person in authority – person, who, by direct provision of law, or by election or by competent authority, is charged with the maintenance of public order and the protection and security of life and property and any person who comes to the aid of persons in authority. [Art. 152] Examples: i. When the accused surrenders himself to the commanding officer. [REYES, Book 1] ii. When the accused who first surrendered to the Municipal Court later surrenders himself to the Constabulary headquarters of the province. [People v. Casalme, G.R. No. L-18033 (1966)]

c. Surrender was Voluntary Surrender is voluntary if it is spontaneous either because he: i. Acknowledges his guilt., or ii. Wishes to save them the trouble and expenses that would be necessarily incurred in his search and capture. [Andrada v. People, G.R. No. 135222 (2005)] NOTE: Whether or not a warrant of arrest had been issued is immaterial and irrelevant. The RPC does not distinguish among the various moments when the surrender may occur. [REYES, Book 1] Not Considered Voluntary Surrender a. Merely requesting a policeman to accompany the accused to the police headquarters. [People v. Flores, G.R. No. 137497 (1994)] b. If the only reason for the supposed surrender is to ensure the safety of the accused whose arrest is inevitable, the surrender is not spontaneous and hence not voluntary. [People v. Pinca, G.R. No. 129256 (1999)] c. When the accused surrendered only 14 days after the commission of the offense, as this shows that his surrender was merely an afterthought. [People v. Agacer, G.R. No. 177751 (2011)] B. Plea of Guilt Requisites [SOP]: a. Offender Spontaneously confessed his guilt; b. Confession of guilt was made in Open court; and c. Confession of guilt was made Prior to the presentation of evidence. [People v. Crisostomo, G.R. No. L-32243 (1988)] Legal Effects General Rule: While the plea of guilty is mitigating, it is also considered an admission of all material facts alleged in the information, including aggravating circumstances. The admission covers both the crime and its attendant circumstances qualifying and/or

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aggravating. [People v Jose, G.R. No. L-28232 (1971)] Exception: Plea of guilty cannot be held to include treachery and evident premeditation where the evidence adduced does not adequately disclose its existence. [People v Gravino, G.R. No. L-31327-29 (1983)] When Mitigating a. Change of plea if made at the first opportunity when his arraignment was first set. [People v. Hermino, G.R. No. 45466 (1937)] b. Withdrawal of plea of not guilty before presentation of evidence by prosecution. [People v. Kayanan, G.R. No. L30355(1978)] c. A plea of guilty on an amended information will be considered as an attenuating circumstance if no evidence was presented in connection with the charges made therein. [People v. Ortiz, G.R. No. L-19585 (1965)] When Not Mitigating a. Conditional plea of guilty - It is when an accused admits his guilt provided that a certain penalty be imposed upon him. [People v. Moro Sabilul, G.R. No. L-3765 (1951)] b. Extrajudicial Confession – It is not voluntary confession because it was made outside the court. [People v. Pardo, G.R. No. L-562 (1947)] c. Plea of Guilt on Appeal - Plea must be made at the first opportunity. [People v. Hermino, G.R. No. 45466 (1937)] Plea to a Lesser Offense The accused may be allowed to plead guilty to a lesser offense which is necessarily included in the offense charged, with the consent of the offended party and prosecutor. This may be done at arraignment or after withdrawing his plea of not guilty. [Sec. 2, Rule 116, ROC]

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8. PHYSICAL DEFECTS Requisites: [DDBO ADCR] a. The offender is: i. Deaf and Dumb ii. Blind, or iii. Otherwise suffering from some physical defect which thus restricts his means of: 1. Action 2. Defense, or 3. Communication with his fellow beings b. Physical defect must have a Relation to the commission of the crime [REYES, Book 1] NOTE: Illness must only diminish and not deprive the offender of the consciousness of his acts. Otherwise, he will be exempted from criminal liability. [Boado Comprehensive Reviewer, p. 51] 9. ILLNESS Requisites [D(WP)ND(C)]: a. Illness of the offender must Diminish the exercise of his Will-Power. b. Illness should Not Deprive the offender of Consciousness of his acts. [REYES, Book 1, p. 320] Illness v. Insanity Illness Insanity [Art. 13 (9)] [Art. 12(1)] Definition Any mental disorder Refers only to severe enough that diseases of it prevents a person pathological state from having legal that trouble the capacity and conscience or will. excuses the person from criminal or civil responsibility. [Black’s Law Dictionary] As to Effect Diminution of Complete intelligence. deprivation of intelligence.

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How Appreciated Mitigating Exempting circumstance circumstance 10. ANALOGOUS MITIGATING CIRCUMSTANCES Any other circumstance of similar nature and analogous to the nine mitigating circumstances enumerated in Art. 13 may be mitigating. Examples: a. Stealing because of extreme poverty is considered as analogous to incomplete state of necessity. [People v. Macbul, G.R. No. 48976 (1943)] b. Over 60 years old with failing sight is considered as analogous to over 70 years of age mentioned in par. 2. [People v. Reantillo, G.R. No L-45685 (1938)] c. Voluntary restitution of stolen goods is considered as analogous to voluntary surrender. [People v. Luntao, 50 O.G. 1182] d. Impulse of jealous feelings is considered as analogous to passion and obfuscation. [People v. Libria, G.R. No. L-6585 (1954)] e. Testifying for the prosecution, without previous discharge is considered as analogous to a plea of guilty. [People v. Navasca, G.R. No. L-29107 (1977)] f. Voluntarily taking a stolen cow back to the authorities to save them the time and effort of looking for the cow is considered as analogous to voluntary surrender. [Canta v. People, G.R. No. 140937 (2001)]

2. SPECIFIC. Those that apply only to particular crimes. Nos. 3 (except dwelling), 15, 16, 17 and 21. 3. QUALIFYING. Those that change the nature of the crime (i.e. Art. 248 enumerate the qualifying AC which qualifies the killing of person to murder). If two or more possible qualifying circumstances were alleged and proven, only one would qualify the offense and the others would be generic aggravating. Examples of qualifying aggravating circumstances: a. Circumstance of treachery or evident premeditation qualifies the killing of a person to murder. [Art. 248] b. Circumstances of grave abuse of confidence and calamity qualifies the crime of theft to qualified theft. [Art. 310] c. Circumstances of minority or taking advantage of public office qualifies the crime of simple seduction to qualified seduction. [Art. 337] Generic v. Specific v. Qualifying [REYES, Book 1] Generic

Specific

Qualifying

As to Penalty Imposed Increases the penalty to the maximum period.

Increases the penalty to the maximum period.

d. Aggravating Circumstances [Art. 14] A. KINDS OF AGGRAVATING CIRCUMSTANCES

It places the author of the crime in such a situation as to deserve another penalty, as specially prescribed by law.

As to Applicability 1. GENERIC. Those that can generally apply to all crimes. Nos. 1, 2, 3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19, and 20 except “by means of motor vehicles”. A generic aggravating circumstance may be offset by a generic mitigating circumstance.

Applicable to all crimes.

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Applicable to particular crimes.

Applicable only to relevant provisions where such

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circumstances were specified (e.g. Art. 248Murder)

As to the Nature of the Circumstance It is not an ingredient of the crime. It only affects the penalty to be imposed.

It is not an ingredient of the crime. It only affects the penalty to be imposed.

Circumstance affects the nature of the crime itself such that the offender shall be liable for a more serious crime. Circumstance is actually an ingredient of the crime

As to being offset Can be offset by an ordinary mitigating circumstance

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Can be offset by ordinary mitigating circumstance

Cannot be offset by any mitigating circumstance

4. INHERENT. Those that are already elements of the felony and are thus no longer considered against the offender in the determination of the felony. [Boado Comprehensive Reviewer, p. 55] 5. SPECIAL. Those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances: a. Quasi-recidivism [Art. 160] b. Complex crimes [Art. 48] c. Error in personae [Art. 49] d. Taking advantage of public position [Art. 171] e. Membership in an organized/syndicated crime group [Art. 62]

f. Certain Circumstances in relation to Arson [Sec. 4, P.D. 1613] Penalty Not Increased Despite Presence of Aggravating Circumstances: a. Aggravating circumstances which are included by the law in defining a crime and prescribing the penalty. [Art. 62, par. 1]. b. Aggravating circumstances inherent in the crime to such a degree that it must of necessity accompany the commission thereof. [Art. 62, par. 2]. Aggravating Circumstances Personal to Offenders Aggravating circumstances which arise from: a. Moral attributes of offender (evident premeditation); b. His private relations with offended party (consanguinity and affinity); and c. Any other personal cause (recidivism). Effect: Above circumstances shall only serve to aggravate the liability of the principals, accomplices, and accessories as to whom such circumstances apply. [Art. 62, par. 3]. Aggravating Circumstances which Depend on the Knowledge for their Application The following circumstances shall serve to aggravate the liability of only the persons who had knowledge of them at the time of the execution of the act or their cooperation therein: a. Circumstances related to the material execution of the act; and b. Circumstances related to the means employed to accomplish it (e.g. nighttime) [Art. 62, par. 4] Aggravating/Qualifying Circumstance Must be Alleged in the Information Every Complaint or Information must state the qualifying and aggravating circumstances. [Sec. 8, Rule 110, Revised Rules of Criminal Procedure]. If not alleged, they may still be considered in the award for damages. [People v. Evina, G.R. Nos. 12430-31 (2003)]

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Requisites of Aggravating Circumstances [PuCoRDAOP NiCARHAP IECSTIU BUMOC] Basis

Requisites

Par. 1. Taking advantage of Public office

Personal circumstance of the offender and the means to secure the commission of the crime

[PIPAM] 1. Offender is a Public Officer 2. Such officer used the Influence, Prestige or Ascendancy which his office gives him 3. The same was used as Means by which he realizes his purpose.

Par. 2. In Contempt of or with insult to public authorities

Lack of respect for the public authorities

[ENOKP] 1. Public authority is Engaged in the exercise of his functions. 2. Public authority is Not the person against whom the crime is committed. 3. Offender Knows him to be a public authority. 4. His Presence has not prevented the offender from committing the criminal act.

Par. 3. With insult or lack of regard due to offended party by reason of Rank, age, or sex

Personal circumstances of the offended party

[RASD] 1. Insult or disregard was made on account of: a. Rank – designation or title used to fix the relative position of the offended party in reference to others. There must be a difference in the social condition of the offender and offended party b. Age - May refer to old age or tender age of the victim. c. Sex - Refers to the female sex [REYES, Book 1] 2. Such insult or disregard was Deliberately intended

Par. 3. Dwelling

Place of the commission of the crime

[BS(ReCo) + NP] 1. Act was committed in the dwelling, which may pertain to a: a. Building; or b. Structure, which is c. Exclusively used for Rest and Comfort. 2. Offended party must Not give Provocation.

Par. 4. Abuse of confidence

Means and ways employed in commission of the crime

[TAF] 1. Offended party had Trusted the offender. 2. Offender Abused such trust by committing a crime against the offended party. 3. The abuse of confidence Facilitated the commission of the crime.

Aggravating Circumstance

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Par. 4. Obvious ungratefulness

Means and ways employed in commission of the crime

[TAU] 1. Offended party Trusted the offender; 2. Offender Abused such trust; and 3. Act was committed with obvious Ungratefulness.

Par. 5. In the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a Place dedicated to religious worship

Place of the commission of the crime

Crime was committed: [PalPreDRW] 1. In the Palace of the Chief Executive, or 2. In his Presence, or 3. Where public authorities are engaged in the Discharge of their duties, or 4. In a place dedicated to Religious Worship

Par. 6. Nighttime, uninhabited place, by a band

Time, place, and means of the commission of the crime

Circumstances of nighttime, uninhabited place or band: [FES] 1. Facilitated the commission of the crime; [REYES, Book 1, p. 364]; and 2. Was Especially Sought for by the offender to insure the commission of the crime or for the purpose of impunity; [People v. Pardo, G.R. No. L-562 (1947)]

Par. 7. On occasion of a Calamity

Time and place of the commission of the crime

The offender must take advantage of the calamity or misfortune

Par. 8. Aid of Armed men or means to ensure impunity

Means and ways employed in commission of the crime

[ArMC AAA] 1. That the armed men or persons took part in the Commission of the crime, directly or indirectly; and 2. Accused Availed himself of their Aid or relied upon them when the crime was committed.

Par. 9. Recidivism

Inclination to commit crime

[TPCSC] 1. Offender is on Trial for an offense; 2. He was Previously Convicted by final judgment of another crime; 3. That both the 1st and 2nd offenses are embraced in the Same title of the Code; and 4. Offender is Convicted of the new offense.

Par. 10. Reiteracion or Habituality

Inclination to commit crime

[TP-SEG2-C] 1. Accused is on Trial for an offense; 2. He Previously Served sentence for another offense to which the law attaches: a. an equal or greater penalty, or b. For 2 or more crimes to which it attaches lighter penalty than that for the new offense; and

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3. That he is Convicted of the new offense.

Par. 11. Price, reward, or promise

Motivating power

[TOAI] 1. There must be Two or more principals a. One who gives or Offers price or promise b. One who Accepts it 2. Price, reward, or promise must be for the purpose of Inducing another to perform the deed. The price, reward or promise need not: [MAD] 1. Consist of or refer to Material things; or 2. Be Actually Delivered; it being sufficient that the offer made by the principal by inducement was accepted by the principal by direct participation before the commission of the offense.

Par. 12. Inundation, fire, poison, explosion, etc.

Means and ways employed in commission of the crime

Crime was committed by means of: [IFPESIDO] 1. Inundation 2. Fire 3. Poison 4. Explosion 5. Stranding of a vessel 6. Intentional damage to a vessel 7. Derailment of a locomotive 8. Any Other artifice involving great waste and ruin

Par. 13. Evident premeditation

Means and ways employed in commission of the crime

Prosecution must prove: [TAL] 1. Time when the offender determined to commit the crime; 2. An Act manifestly indicating that the culprit has clung to his determination; and 3. A sufficient Lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will.

Par. 14. Craft, fraud, or disguise

Means and ways employed in commission of the crime

That the crime was committed by means of: 1. Craft: Intellectual trickery and cunning on the part of the accused; 2. Fraud: Insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design; or 3. Disguise: Any device to conceal identity

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Par. 15. Superior strength or means to weaken defense

Means and ways employed in commission of the crime

[NIP] 1. There is a Notorious Inequality of forces between victim and aggressor. 2. Offender Purposely used excessive force out of proportion to the means of defense available to the persons attacked.

Par. 16. Alevosia (Treachery)

Means and ways employed in commission of the crime

[CAN] 1. Offender Consciously Adopts particular means, methods, or forms tending directly and specially to ensure the execution of the crime. 2. The employment of such means gave the offended party No opportunity to defend himself or retaliate.

Par. 17. Ignominy

Means and ways employed in commission of the crime

The means employed or the circumstances brought about must tend to make the effects of the crime more humiliating or to put the offended party to shame.

Par. 18. Unlawful entry

Means and ways employed in commission of the crime

Entrance is effected by a way not intended for the purpose.

Par. 19. Breaking wall, floor, roof

Means and ways employed in commission of the crime

[WaRFDWiE] 1. Breaking the Wall, Roof, Floor, Door, or Window is a means to the commission of the crime.; and 2. Breaking was used as a means to effect Entrance and not merely for escape.

Par. 20. With aid of persons Under 15

Means and ways employed in commission of the crime

Commission of the crime is committed with the aid of children under 15 years of age

Repress practice of criminals to avail of minors and take advantage of their irresponsibility

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Par. 20. By Motor vehicles, airships, or other similar means

Means and ways employed in commission of the crime To counteract the great facilities found by modern criminals as means to commit crime, and flee and abscond

Par. 21. Cruelty

Means and ways employed in commission of the crime

[MS-MC(GoCaF)] 1. That any of the following was used: a. Motorized vehicles; or, b. Other efficient means of transportation Similar to automobile or airplane. 2. The same was used as Means of Committing the crime, such as by using the same to: a. Go to the place of the crime b. Carry away the effects thereof; and c. Facilitate their escape [DIUE] 1. Injury caused be was Deliberately Increased by causing other wrong; 2. Other wrong was Unnecessary for the Execution of the purpose of the offender.

B. AGGRAVATING CIRCUMSTANCES 1. TAKING OFFICE

ADVANTAGE

Kind: Generic & Special Circumstance [R.A. 7659]

OF

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2. CONTEMPT OR INSULT TO PUBLIC AUTHORITIES

PUBLIC Kind: Generic Aggravating Circumstance

Aggravating

Requisites [PIPAM] a. Offender is a Public Officer b. Such officer used the Influence, Prestige or Ascendancy which his office gives him c. The same was used as Means by which he realizes his purpose. [U.S. v. Rodriguez, G.R. No. 6344 (1911)] Test: “Did the accused abuse his office in order to commit the crime?” [U.S. v. Rodriguez, G.R. No. 6344 (1911)]. If the accused could have perpetrated the crime even without occupying his position, there is no abuse of public position. [People v. Villamor, G.R. Nos. 140407-08 (2002)]

Requisites [ENOKP] a. Public authority is Engaged in the exercise of his functions b. Public authority is Not the person against whom the crime is committed c. Offender Knows him to be a public authority d. His Presence has not prevented the offender from committing the criminal act. NOTE: If the crime is committed against the public authority while in the performance of his duty, the offender commits direct assault instead. [Art. 148, RPC] Effect of Failure to Allege Knowledge in Information Failure to expressly allege in the Information that the accused had the knowledge that the person attacked was a person in authority does not render the information defective so long as there are facts therein from which it can be implied that the accused knew that the person attacked was a person in authority [People v. Balbar, G.R. Nos. L-20216-17 (1967)]

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3. INSULT OR DISREGARD OF THE RESPECT DUE THE OFFENDED PARTY ON ACCOUNT OF HIS: (a) RANK; (b) AGE; OR (c) SEX, OR THAT IT BE COMMITTED IN THE DWELLING OF THE OFFENDED PARTY Four circumstances are enumerated in this paragraph, which can be considered singly or together. If all the four circumstances are present, they have the weight of one aggravating circumstance only. [REYES, Book 1] These may be considered singly when their elements are distinctly perceived and can subsist independently. [People v. Santos, 91 Phil. 320, 327-328 (1952)] A. Insult or Disregard Kind: Specific Aggravating Circumstance Specific to crimes against persons or honor. [People v. Pagal, G.R. No. L-32040 (1977)] Requisites: [RASD] a. Insult or disregard was made on account of: i. Rank – designation or title used to fix the relative position of the offended party in reference to others. There must be a difference in the social condition of the offender and offended party ii. Age - May refer to old age or tender age of the victim. iii. Sex - Refers to the female sex [REYES, Book 1] b. Such insult or disregard was Deliberately intended Deliberately Intended There must be evidence that in the commission of the crime, the accused deliberately intended to offend or insult the sex or age of the offended party. [People v. Mangsat, G.R. No. L-34675]

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Not Considered as Aggravating Circumstance: a. When the offender acted with passion and obfuscation. [People v. Ibañez, G.R. No. 197813] b. When there exists a relationship between the offended party and the offender. [People v. Valencia, G.R. No. L-39864 (1993)] c. When the condition of being a woman is indispensable in the commission of the crime (e.g., rape, abduction, or seduction). [REYES, Book 1, p. 348] Guidelines to Prove Age The Court established the guidelines in appreciating age, either as an element of the crime or as a qualifying circumstance, as follows: 1. Best evidence - original or certified true copy of the certificate of live birth of such party. 2. In the absence of a certificate of live birth, similar authentic documents (e.g., baptismal certificate and school records which show the date of birth) 3. In the absence of the foregoing, testimony, if clear and credible, of the victim's mother or a member of the family either by affinity or consanguinity who is qualified to testify on matters respecting pedigree such as the exact age or date of birth of the offended party pursuant to Section 40, Rule 130 of the Rules on Evidence shall be sufficient under the following circumstances: a. If the victim is alleged to be below 3 years of age and what is sought to be proved is that she is less than 7 years old; b. If the victim is alleged to be below 7 years of age and what is sought to be proved is that she is less than 12 years old; c. If the victim is alleged to be below 12 years of age and what is sought to be proved is that she is less than 18 years old. 4. In the absence of the foregoing, the complainant's testimony will suffice provided that it is expressly and clearly admitted by the accused.

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NOTE: It is the prosecution that has the burden of proving the age of the offended party. The failure of the accused to object to the testimonial evidence regarding age shall not be taken against him. [People v. Arpon, G.R. No. 183563 (2011)] B. Act Committed in Dwelling Kind: Generic Aggravating Circumstance Requisites [BS(ReCo) + NP] a. Act was committed in the dwelling, which may pertain to a: i. Building; or ii. Structure, which is iii. Exclusively used for Rest and Comfort. b. Offended party must Not give Provocation. Dwelling Building or structure, exclusively used for rest and comfort. It is not necessary that the victim owns where she lives or dwells. A lessee, boarder, or bedspacer can consider such place as his home, the sanctity of which the law seeks to uphold. [People v Daniel, G.R. No. L40330 (1978)] Dwelling includes dependencies such as the foot of the staircase and enclosure under the house. [U.S. v. Tapan, G.R. No. 6504 (1911)] Dwelling cannot be appreciated as an aggravating circumstance when the rape is committed on the ground floor of a two-story structure, the lower floor being used as a video rental store and not as a private place of abode or residence. [People v. Tao, G.R. No. 133872 (2000)] Dwelling v. Domicile Dwelling should not be understood in the concept of a domicile. A person can have more than one dwelling. Considered as Aggravating Circumstances: a. Even without entry to dwelling - it is enough that the victim was attacked inside his own house. [People v. Ompaid, G.R. No. L-23513 (1969)]

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b. When crime was committed outside the dwelling - Dwelling is still aggravating if the commission of the crime began inside the dwelling. [U.S. v. Lastimosa, G.R. No. 9178 (1914)] Not Considered as an Aggravating Circumstance: a. When both offender and offended party are occupants of the same house [U.S. v. Rodriguez, supra.], and this is true even if offender is a servant of the house. [People v. Caliso, supra.] b. When the owner of the dwelling gave sufficient and immediate provocation. [REYES, Book 1] c. Crimes where Dwelling is Inherent: i. Trespass to Dwelling [Art. 280, RPC] ii. Robbery with force upon things [Art. 299, RPC] 4. ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS Kind: Generic Aggravating Circumstance Par. 4 provides two aggravating circumstances –abuse of confidence and obvious ungratefulness. If both are present in the same case, they must be independently appreciated. [REYES, Book 1] A. Abuse of Confidence Requisites: [TAF] a. Offended party Trusted the offender b. Offender Abused such trust c. Abuse of confidence Facilitated commission of the crime

the

Confidence Confidence between the offender and the offended party must be immediate and personal. If two persons just met for the first time, there can be no personal or immediate relationship upon which confidence might rest between them. [People v. Mandolado, G.R. No. L-51304-05 (1983)]

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Abuse Confidence is an Inherent Circumstance of: a. Qualified seduction [Art. 337, RPC] b. Qualified theft [Art. 310, RPC] c. Estafa by conversion or misappropriation [Art. 315, RPC] d. Malversation [Art. 217, RPC] B. Obvious Ungratefulness Requisites: [TAU]> a. Offended party Trusted the offender b. Offender Abused such trust c. Act was committed with obvious Ungratefulness 5. CRIME WAS COMMITTED IN THE PALACE OF THE CHIEF EXECUTIVE OR IN HIS PRESENCE, OR WHERE PUBLIC AUTHORITIES ARE ENGAGED IN THE DISCHARGE OF THEIR DUTIES, OR IN A PLACE DEDICATED TO RELIGIOUS WORSHIP Kind: Generic Aggravating Circumstance Four (4) Circumstances Contemplated Crime was committed: [PalPreDRW] a. In the Palace of the Chief Executive, or b. In his Presence, or c. Where public authorities are engaged in the Discharge of their duties, or d. In a place dedicated to Religious Worship Rules: 1. If committed in the Palace of the Chief Executive or in a Church (Place of Religious Worship - it is aggravating regardless of whether State or official or religious functions are being held. The President need not be in the palace. [REYES, Book 1, p. 361] 2. If committed in the Presence of the Chief Executive – it is aggravating regardless of the place where the crime is committed. It also applies even if he is not engaged in the discharge of his duties in the place where the crime was committed. [REYES, Book 1, p. 361] 3. Cemeteries - not places dedicated for religious worship. [REYES, Book 1, p. 362]

4. Offender must have the intention to commit a crime when he entered the place. [People v. Jaurigue, C.A. No. 384 (1946)] Where public authorities are engaged in the discharge of their duties (Par. 5) v. Contempt or insult to public authorities (Par. 2) Par. 5 Public Authorities Engaged in Discharge of Duties

Par. 2 Contempt or Insult to Public Authorities

Public authorities are engaged in the performance of their duties. As to Acts Punished Crime was committed in a place where public authorities are engaged in the discharge of their duties

Crime was committed in the presence of a public authority engaged in the performance of his function, regardless of the palace

As to Offended Party Offended party may or may not be the public authority

Public authority should not be the offended party

6. CRIME WAS COMMITTED (1) IN THE NIGHT TIME, OR (2) IN AN UNINHABITED PLACE, OR (3) BY A BAND, WHENEVER SUCH CIRCUMSTANCES MAY FACILITATE THE COMMISSION OF THE OFFENSE Kind: Generic Aggravating Circumstance Requisites: [FES] Circumstances of nighttime, uninhabited place or band: a. Facilitated the commission of the crime; b. Was Especially Sought for by the offender to insure the commission of the crime or for

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the purpose of impunity; [People v. Pardo, G.R. No. L-562 (1947)] Can be Considered Separately General Rule: If they concur in the commission of the crime, they are considered as one aggravating circumstance. Exception: When the following are present: a. When their elements are distinctly perceived b. When they can subsist independently. c. When it reveals a greater degree of perversity. [People v. Santos, G.R. No. L41-89 (1952)] A. Nighttime (Nocturnidad) The commission of the crime must begin and be accomplished in the nighttime (after sunset and before sunrise, cf. Art. 13, Civil Code). Two (2) Tests for Nocturnity a. Objective test - nighttime is aggravating because the darkness facilitated the commission of the offense; [People v. Pardo, G.R. No. L-562 (1947)] and b. Subjective test - nighttime is aggravating because the darkness was purposely sought by the offender. [People v. Ventura, supra.] Nighttime and Treachery General Rule: Nighttime is absorbed in treachery if it is part of the treacherous means to insure the execution of the crime. [People v. Ong, G.R. No. 34497 (1975)] Exception: Where both the treacherous mode of attack and nocturnity were deliberately chosen upon the same case. Both may be perceived distinct from one another. [People v. Berdida, G.R. No. L-20183 (1966)] Well-lit place When the place is illuminated by light, nighttime is not aggravating. [People v. Bato, G.R. No. L-23405 (1967)] B. Uninhabited Place It is determined not by the distance of the nearest house to the scene of the crime but

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whether or not in the place of the commission of the offense, there was a reasonable possibility of the victim receiving some help. [People v. Desalisa, G.R No. 95262 (1994)] Solitude must be sought to better attain the criminal purpose. [People v. Aguinaldo, G.R. No. 33843 (1931)] When place of crime could be seen and the voice of the victim could be heard from a nearby house, the place of the crime is not “uninhabited.” [People v. Laoto, G.R. No. 1928 (1928)] C. Band (Cuadrilla) Requisites: [4AAT] a. There should be at least be four (4) persons; b. Such persons are Armed; and c. They Acted Together in the commission of an offense. [REYES, Book 1] Abuse of superior strength and use of firearms are absorbed by the aggravating circumstance of by a band. [People v. Escabarte, G.R. No. L42964 (1988)] Not Considered as Aggravating Circumstance in Brigandage Brigandage is committed by more than three armed persons forming a band of robbers [Art. 306, RPC]. Thus, that the crime was committed by a band is inherent in the definition of the crime and is not aggravating. [REYES, Book 1, p. 374] 7. ON THE OCCASION OF A CONFLAGRATION, SHIPWRECK, EARTHQUAKE, EPIDEMIC OR OTHER CALAMITY OR MISFORTUNE Kind: Generic Aggravating Circumstance Rationale: The debased form of criminality of one who, in the midst of a great calamity, instead of lending aid to the afflicted, adds to their suffering by taking advantage of their misfortune and despoiling them. [U.S. v. Rodriguez, G.R. No. 6344 (1911)]

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Requisite: Offender must >take advantage of the calamity or misfortune. “Or Other Calamity or Misfortune” Refers to other conditions of distress similar to “conflagration, shipwreck, earthquake or epidemic.” 8. AID OF ARMED MEN OR PERSONS WHO INSURE OR AFFORD IMPUNITY Kind: Generic Aggravating Circumstance Requisites: [ArMC AAA] a. Armed men or persons took part in the commission of the crime, directly or indirectly; and b. Accused Availed himself of their Aid or relied upon them while the crime was committed Armed Men Persons equipped with weapons. It also covers armed women. [People v. Licop, G.R. No. L06061 (1954)] Not Considered as an Aggravating Circumstance: a. When both the attacking party and the party attacked were equally armed. [ALBERT] b. When the accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose. [People v. Piring, G.R. No. 45053 (1936)] c. Casual presence, or when the offender did not avail himself of their aid nor knowingly count upon their assistance in the commission of the crime. [U.S. v. Abaigar, G.R. No. 1255 (1903)] By a Band (Par. 6) v. Aid of Armed Men (Par. 8) Par. 6 By a Band

Par. 8 With Aid of Armed Men As to Number of Malefactors Requires more than 3 At least 2 armed men armed malefactors (at least 4)

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As to Degree of Participation Band members are all Armed men are mere principals [REYES, accomplices [REYES, Book 1, p. 372] Book 1, p. 376]

9. RECIDIVISM Kind: Generic Aggravating Circumstance Requisites [TPCSC] a. Offender is on Trial for an offense; b. He was Previously Convicted by final judgment of another crime; c. Both the first and second offenses are embraced in the Same title of the Code; d. Offender is Convicted of the new offense. See: Recidivism under Multiple Offenders for detailed discussion 10. REITERACION Kind: Generic Aggravating Circumstance Requisites: [TP-SEG2-C] a. Offender is on Trial for an offense. b. He was Previously Served sentence for: i. Another offense of Equal or Greater penalty than the new offense; or ii. 2 or more crimes of lighter penalty c. Offender is Convicted of the new offense. See: Reiteracion under Multiple Offenders for detailed discussion. 11. IN CONSIDERATION OF REWARD, OR PROMISE

A PRICE,

Kind: Generic Aggravating Circumstance Requisites: [TOAI] a. There must be Two or more principals: i. One who gives or Offers price or promise; and ii. One who Accepts it; [REYES, Book 1] b. Price, reward, or promise must be for the purpose of Inducing another to perform the deed. [REYES, Book 1] The price, reward or promise need not: [MAD] a. Consist of or refer to Material things; or

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b. Be Actually Delivered; it being sufficient that the offer made by the principal by inducement was accepted by the principal by direct participation before the commission of the offense. [REGALADO, pp. 100-101] When this circumstance is present, it affects not only the person who received the price or reward, but also the person who gave it. [REYES, Book 1] Voluntarily giving such price or reward without previous promise, as an expression of appreciation for the sympathy and aid, is not taken into consideration to increase the penalty. [U.S. v Flores, G.R. No. 9008 (1914)] 12. COMMITTED BY MEANS OF INUNDATION, FIRE, POISON, EXPLOSION, STRANDING OF A VESSEL OR INTENTIONAL DAMAGE THERETO, DERAILMENT OF A LOCOMOTIVE, OR BY THE USE OF ANY OTHER ARTIFICE INVOLVING GREAT WASTE AND RUIN Kind: Generic Aggravating Circumstance Requisites: [IFPESIDO] Crime was committed by means of: a. Inundation b. Fire c. Poison d. Explosion e. Stranding of a vessel f. Intentional damage to a vessel g. Derailment of a locomotive h. Any Other artifice involving great waste and ruin Use of Fire as to Arson and Murder a. If intent is to kill – crime is murder and fire is considered as a qualifying circumstance, even if the house is burned in the process. [Art. 248, RPC] b. If the intent is to destroy property - crime is arson even if someone dies as consequence. [People v. Paterno, et al., G.R. No. L-2665 (1950)]

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13. EVIDENT PREMEDITATION Kind: Generic Aggravating Circumstance Requisites [TAL] The prosecution must prove: a. The Time when the offender determined to commit the crime; b. An Act manifestly indicating that the culprit has clung to his determination; and c. Sufficient Lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will. [People v. Raquipo, G.R. No. 90766 (1990), cited in REYES, Book 1, p. 403] Evident premeditation implies a deliberate planning of the act before executing it. [REYES, Book 1] Essence of premeditation a. An opportunity to coolly and serenely think and deliberate i. On the meaning; and ii. Consequences of what he planned to do. b. An interval long enough for his conscience and better judgment to overcome his evil desire and scheme. [People v. Durante, G.R. No. L-31101 (1929)] NOTES: ● Premeditation must be based upon external facts, and must be evident, not merely suspected indicating deliberate planning. [People v. Mariano, G.R. No. 134847 (2000)] ● The date and time when the offender determined to commit the crime is essential, because the lapse of time for the purpose of the third requisite is computed from that date and time. [Rabor v. People, G.R. No. 140344 (2000)] ● Conspiracy presupposes premeditation [U.S. v. Cornejo, G.R. No. 9773 (1914), cited in REYES, Book 1, p.411] Exception: When conspiracy is merely implied.

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[People v. Upao Moro, G.R. No. L-6771 (1957), cited in REYES, Book 1] It is not necessary that the accused premeditated the killing of a particular individual. If the offender premeditated on the killing of any person (general attack), it is proper to consider as an aggravating circumstance because whoever was killed was contemplated in the premeditation. [US v. Manalinde, G.R. No. L-5292 (1909)]

Not Considered as Aggravating Circumstance: a. Anger or Grudge - The mere existence of ill-feeling or grudge between the parties is not sufficient to establish premeditated killing. There must be an outward act showing or manifesting criminal intent. [People v. Bernal, G.R. No. 113685 (2002)] b. Crimes Where Premeditation is Inherent: i. Preconceived act – where the accused would execute the preconceived act only after having thought out the method by which he intends to accomplish it (e.g. arson, theft, estafa, etc.) [People v. Cu, G.R. No. L-13413 (1977)] ii. Robbery; except in robbery with homicide if the premeditation includes the killing of the victim [People v. Valeriano, G.R. No. L-2159 (1951)] iii. Treason [People v. Racaza, G.R. No. L-365 (1942)] c. Error in personae – Premeditation is not aggravating when there is mistake of identity as the victim is not the object of premeditation. [People v. Dueño, G.R. No. L-31102 (1979)] d. Aberratio ictus – When the victim is different from that intended, premeditation is not aggravating [People v. Hilario, et al., G.R. No. 128083 (2001)] 14. CRAFT, FRAUD OR DISGUISE WAS EMPLOYED Kind: Generic Aggravating Circumstance

Crime was committed by means of: a. Craft - It is chicanery resorted to by the accused to aid in the execution of his criminal design. [People v. Zea, G.R. No. L23109 (1984)] b. Fraud - When there is a direct inducement by insidious words or machinations, fraud is present. [People v. Labuguen, G.R. No. 127849 (2000)] c. Disguise - Resorting to any device to conceal identity. [REYES, Book 1] TEST: Whether the device or contrivance was intended to or did make identification more difficult, such as the use of a mask, false hair or beard. [People v. Reyes, G.R. No. 118649 (1998)] If Disguise was Ineffective When in spite of the use of disguise, the culprits were recognized by the victim, disguise is not considered as an aggravating circumstance. [People v. Sonsona, G.R. No. L-8966 (1956)] Craft v. Fraud v. Disguise Craft

Fraud

Disguise

As to Purpose Done in order to not arouse suspicion

Done to induce someone through insidious words and machinations

Done to conceal identity

Craft and Fraud absorbed in Treachery Craft and fraud may be absorbed in treachery if they have been deliberately adopted as the means, methods or forms for the treacherous strategy. Otherwise, they may co-exist independently where they are adopted for a different purpose in the commission of the crime. [People v. Lab-eo, supra.] Not Considered as an Aggravating Circumstance a. Qualified theft [Art. 310, RPC] – Craft is an element of qualified theft [People v.

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Tiongson, C.A., 59 O.G. 4521, cited in REYES, Book 1] b. Crimes where Fraud is inherent: i. Preventing the meeting of Congress and similar bodies [Art. 143, RPC] ii. Violation of parliamentary immunity [Art. 145, RPC] iii. Crimes against public interest under Chapter Three iv. Crimes committed by public officers under Chapter Three v. Execution of deeds by means of violence or intimidation [Art. 298, RPC] vi. Crimes against property under Chapters 5 and 6 vii. Marriage contracted against the provisions of the law [Art. 350, RPC] viii. Rape through fraudulent machination [Art. 266-A (1)(c), RPC]

The means used must not totally eliminate possible defense of the victim, otherwise it will fall under treachery.

15. (a) TAKING ADVANTAGE OF SUPERIOR STRENGTH; OR (b) MEANS WAS EMPLOYED TO WEAKEN THE DEFENSE Kind: Specific Aggravating Circumstance Specific to crimes against persons and sometimes against person and property (e.g., robbery with rape committed by multiple persons or homicide committed by multiple persons) [REYES, Book 1]

By a Band v. Abuse of Superior Strength

A. Advantage of Superior Strength Requisites: [NIP] a. There is a Notorious Inequality of forces between victim and aggressor. [People v. Barcelon, G.R. No. 144308 (2002)] b. Offender Purposely used excessive force out of proportion to the means of defense available to the persons attacked. [People v. Sansaet, G.R. No. 139330 (2002)] Considerations in Determining Abuse of Superior Strength a. Age; b. Size; and c. Strength of the parties [People v. Cabato, G.R. No. L-37400 (1988)]

Not Considered as an Aggravating Circumstance: a. When one who attacks is overcome with passion and obfuscation [REYES, Book 1] b. When quarrel arose unexpectedly [U.S. v. Badines, G.R. No. 1951 (1905)] c. When treachery is present, superior strength is absorbed. [People v. Mobe, G.R. No. L-1292 (1948)] d. Crimes where Abuse of Superior Strength is Inherent: i. Parricide [People v. Galapia, G.R. Nos. L-39303-05 (1978)] ii. Rape [People v. de Leon, G.R. No. 128436 (1999)]

By a band

Abuse of superior strength

When the offense is committed by more than 3 armed malefactors regardless of the comparative strength of the victim.

The gravamen of abuse of superiority is the taking advantage by the culprits of their collective strength to overpower their weaker victims.

B. Means Employed to Weaken defense The offender employs means that materially weakens the resisting power of the offended party. [People v. Ducusin, G.R. No. 30724 (1929)] Where one, struggling with another, suddenly throws a cloak over the head of his opponent, and, while in this situation, wounds or kills him employs means to weaken the defense. [U.S. v. Devela, G.R. No. 1542 (1904)] This aggravating circumstance is appreciated where the accused intentionally intoxicated the victim. [People v. Ducusin, supra]

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16. TREACHERY (ALEVOSIA) Kind: Specific Aggravating Circumstance; Specific to crimes against persons Requisites: [CAN] a. Offender Consciously Adopts particular means, methods, or forms tending directly and specially to ensure the execution of the crime. b. The employment of such means gave the offended party No opportunity to defend himself or retaliate. [Art. 14, par. 16, RPC, cited in REYES, Book 1] The essence of treachery is that by virtue of the means, method or form employed by the offender, the offended party was not able to put up any defense. [People v. Tiozon, G.R. No. 89823 (1991)] Appreciation of Treachery Does Not Depend on the Results The treacherous character of the means employed in the aggression does not depend upon the result thereof but upon the means itself. Thus, frustrated murder could be aggravated by treachery. [People v. Parana, G.R. No. 45373 (1937)] Sudden Attack The mode of attack must be consciously adopted. The accused must make some preparation to kill the deceased in such manner as to insure the execution of the crime or to make it impossible or hard for the person attacked to defend himself or retaliate. [People v. Tumaob, G.R. Mo. 125690 (1998)] Treachery may still be appreciated even when the victim was forewarned of danger to his person. What is decisive is that the execution of the attack made it impossible for the victim to defend himself or to retaliate. [People v. Malejana, G.R. No. 145002 (2006)] Hence, a sudden attack by the assailant, whether frontally or from behind, is treachery if he deliberately adopted such mode of attack with the purpose of depriving the victim of a

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chance to either fight or retreat. [People v. Labeo, supra.] Example of Frontal Attack: There is treachery when the victim is shot, albeit frontally, with his hands raised to show that he would not fight, or because of fright, or to try to ward off the shots that were to come. [People v. Dulos, G.R. No. 107328 (1994)] Continuous and Non-continuous Aggression a. When aggression is continuous treachery must be present in the beginning of the assault. [U.S. v. Balagtas, G.R. No. 6432 (1911)] b. When aggression was not continuous in that there was an interruption, it is sufficient that treachery was present at the moment the fatal blow was given. [U.S. v. Baluyot, G.R. No. 14476 (1919)] Degree of Proof Treachery cannot be presumed. The suddenness of the attack does not, of itself, suffice to support a finding of alevosia, so long as the decision was made all of a sudden and the victim’s helpless position was accidental. [People v. Lubreo, G.R. No. 74146 (1991)]. Conspiracy When there is conspiracy in the commission of a crime, treachery can be appreciated against all conspirators. [People v. Ong, G.R. No. L34497 (1975)] No Aggravating Circumstance: a. When the offended party was able to put up a defense [People v. Butler, G.R. No. L50276 (1983)] b. When victim’s helpless position was accidental [People v. Cadag, G.R. No. L13830 (1961)] c. When there was no other witness to the offense or when such witness could not provide full details of the attack. [People v. Tiozon, G.R. No. 89823 (1991)] d. Crimes where treachery is inherent: i. Murder by poisoning [People v. Caliso, G.R. No. L-37271 (1933)]

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ii.

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Treason [People v. Racaza, supra]

Treachery Absorbs the Following Aggravating Circumstances: [CANAMBES] a. Craft [People v. Malig, G.R. No. L-2083 (1949), cited in REYES, Book 1, p.466] b. Abuse of superior strength [People v. Siaotong, G.R. No. L-9242 (1957), cited in REYES, Book 1, p.464] c. Nighttime [People v. Corpuz & Serquiña, G.R. No. L-12718 (1960), cited in REYES, Book 1, p.464] d. Aid of Armed men [People v. Siaotong, supra] e. Band [People v. Ampo-an, G.R. No. 75366 (1990), cited in REYES, Book 1, p.464] f. Employing means to weaken the defense [People v. Siaotong, supra] g. Disregard of Sex [People v. Clementer, G.R. No. L-33490 (1974)]

Evident premeditation

As to essence Swiftness and unexpectedness of the attack upon the unsuspecting and unarmed victim who does not give the slightest provocation

e. Less serious physical injuries [Art. 265, RPC] f. Rape Ignominy It is a circumstance pertaining to the moral order, which adds disgrace to the material injury caused by the crime. [People v. Acaya, G.R. No. L-72998 (1988), cited in REYES, Book One] When Appreciated Ignominy is appreciated when the offense is committed in a manner that tends to make its effect more humiliating, adding to the victim’s moral suffering. Thus, where the victim was already dead when his body or a part thereof was dismembered, ignominy cannot be taken against the accused. [People v. Cachola, G.R. No. 135047 (2004)] Examples: a. Raping a woman from behind. It is something which offends the morals of the offended woman because this is how animals do it. [People v. Siao, G.R. No. 126021 (2000)] b. Examining a woman’s genitals before raping her in the presence of her old father were deliberately done to humiliate her, thereby aggravating and compounding her moral sufferings. [People v. Bumidang, G.R. No. 130630 (2000)]

Treachery v. Evident Premeditation Treachery

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Cool thought and reflection

[People v. Rebamontan, G.R. No. 125318 (1999)] 17. IGNOMINY Kind: Specific Aggravating Circumstance; Specific to the following [C MaRia CLaRa] a. Coercion (light or grave) [People v. Cantong, C.A., 50 O.G. 5899, cited in REYES, Book 1] b. Murder [U.S. v de Leon, G.R. No. 522 (1902)] c. Wanton Robbery for personal gain [People v. Racaza, supra] d. Crimes against Chastity

18. UNLAWFUL ENTRY Kind: Generic Aggravating Circumstance Unlawful Entry There is unlawful entry when an entrance is effected by a way not intended for that purpose. [REYES, Book 1] There is no unlawful entry when the door was already broken and thereafter the accused made an entry through the broken door. The breaking of the door is covered by paragraph 19. [REYES, Book 1, p. 472]

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Inherent in the Following Crimes: a. Trespass to dwelling under Art. 280 [REYES, Book 1] b. Robbery with force upon things under Art. 299(a) and Art. 302 [REYES, Book 1] Effect if Dwelling and Unlawful Entry are Both Present Dwelling and unlawful entry are taken separately in murders committed in a dwelling. [People v. Barruga, G.R. No. 42744 (1935)] 19. AS A MEANS TO THE COMMISSION OF THE CRIME, A WALL, ROOF, FLOOR, DOOR, OR WINDOW BE BROKEN Kind: Generic Aggravating Circumstance Requisites: [WaRFDWiE] a. Any of the following be broken: i. Wall ii. Roof iii. Floor iv. Door v. Window b. Breaking was used as a means to effect Entrance and not merely for escape.

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is or is reasonably believed to be; [Rule 113, Sec. 11, Revised Rules of Criminal Procedure] b. To effect search in the place of directed search [Rule 126, Sec. 7, Revised Rules of Criminal Procedure] c. To liberate himself or any person lawfully aiding him when unlawfully detained in the place of directed search. [Rule 126, Sec. 7, Revised Rules of Criminal Procedure] For Entrance, Not Escape/Exit This circumstance is aggravating only when the offender resorted to any means in order to enter the place. [REYES, Book 1] No Aggravating Circumstance: Inherent in Robbery with force upon things under Art. 299(a) and Art. 302 20. CRIME WAS COMMITTED (a) WITH THE AID OF PERSONS UNDER FIFTEEN YEARS OF AGE OR (b) BY MEANS OF MOTOR VEHICLES, MOTORIZED WATERCRAFT, AIRSHIPS, OR OTHER SIMILAR MEANS Kind: Generic Aggravating Circumstance

Unlawful Entry v. Breaking Unlawful Entry [Art. 14 (18)]

A. With the Aid of Persons Under 15 Years Old Rationale: To repress the frequent practice resorted to by professional criminals of availing themselves of minors taking advantage of their lack of criminal responsibility (since minors are given leniency when they commit a crime) [[REYES, Book 1]

Breaking of Wall, Roof, etc. [Art. 14 (19)]

Actual Breaking of the Entrance No

Yes Entrance Actually Happened

Yes

No

Used As Means of Committing the Crime No

Yes

When Breaking of Door or Window is Lawful When an officer, after giving notice of his purpose and authority, is refused admittance: a. To make an arrest in any building or enclosure where the person to be arrested

B. By Means of a Motor Vehicle Requisites: [MS-MC(GoCaF)] a. That any of the following was used: i. Motorized vehicles; or, ii. Other efficient means of transportation Similar to automobile or airplane. b. That the same was used as Means of Committing the crime, such as by using the same to: i. Go to the place of the crime ii. Carry away the effects thereof; and

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iii.

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Facilitate their escape [People v. Espejo, G.R. No. L-27708 (1970)]

NOTE: If motor vehicles are used only in the escape of the offender, it is not aggravating. [REYES, Book 1] Rationale: To counteract the great facilities found by modern criminals in said means to commit crime and flee and abscond once the same is committed [REYES, Book 1] 21. CRUELTY Kind: Specific Aggravating Circumstance; Specific to crimes against persons Requisites [DIUE] a. That the injury caused be Deliberately Increased by causing the other wrong b. The other wrong was Unnecessary for the Execution of the purpose of the offender For cruelty to exist, there must be proof showing that the accused delighted in making their victim suffer slowly and gradually, causing him unnecessary physical and moral pain in the consummation of the criminal act. [People v. Catian, G.R. No. 139693 (2002)] Outraging the Corpse If the victim was already dead when the acts of mutilation were being performed, this would also qualify the killing to murder due to outraging of his corpse [Art. 248, par. 6, RPC]. There must be proof that the wounds inflicted on the victim were done while he was still alive in order to be considered cruelty [People v. Pacris, G.R. No. 69986 (1991)]. Ignominy

Cruelty

As to Type of Suffering Shocks the moral Physical conscience of man As to Whether Victim has to be Alive

It pertains to the moral order, whether or not the victim is dead or alive

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Refers to the physical suffering of the victim so victim has to be alive

C. SPECIAL AGGRAVATING AND QUALIFYING CIRCUMSTANCES OTHER SPECIAL AGGRAVATING AND QUALIFYING CIRCUMSTANCES [SELDA] a. Organized or Syndicated crime group b. Use of Explosives c. Use of Loose firearms d. Use of Dangerous drugs e. Arson under P.D. 1613 a. Organized or Syndicated Crime Group Organized/syndicated crime group A group of two or more persons collaborating, confederating, or mutually helping one another for purposes of gain committing any crime. [Art. 62, RPC as amended by R.A. 7659] Effect When a crime is committed by an organized/syndicated group, and the purpose of such crime was to gain, the maximum penalty shall be imposed. [Art. 62, RPC as amended by R.A. 7659] Crimes where Purpose is to Gain: [TERI] 1. Theft 2. Estafa 3. Robbery 4. Illegal recruitment b. Use of Explosives The Decree Codifying the Laws on Illegal/ Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition, of Firearms, Ammunition or Explosives [P.D. 1866, as amended by R.A. 8294] provides that the use of explosives or incendiary devices in the commission of a crime, resulting to death of a person, shall be considered an aggravating circumstance.

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Requisites [RS-HaREID] 1. Offender commits a crime in the RPC or in a Special law; 2. In its commission, the offender uses any of the following: a. Hand grenade/s b. Rifle grenade/s c. Other Explosives such as pillbox, Molotov cocktail bombs, and fire bombs d. Other Incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person 3. Results in the Death of a person [Sec. 3, P.D. 1866, as amended by R.A. 8294] c. Use of “loose firearms” Special Aggravating Circumstance RA 10591 or the Comprehensive Firearms and Ammunition Regulation Act (2013) expressly repealed Sec. 1 of P.D. 1866 as amended: Loose firearms: [UPI SOLAR] Pertains to firearms that are 1. Unregistered; 2. Possessed by non-licensee; 3. Illegally manufactured 4. Stolen; 5. Obliterated; 6. Lost; 7. Altered; or 8. With Revoked license [Sec. 3(v), R.A. 10591] Rules: ● To be considered as an aggravating circumstance – if the use of a loose firearm is inherent in the commission of a crime punishable under the RPC or other special laws [Sec. 29, R.A. 10883] If the crime committed is penalized with a maximum penalty lower than that prescribed for illegal possession of firearm - penalty for illegal possession of firearm shall instead be imposed. If the crime committed is penalized by the law with a maximum penalty equal to that

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imposed for illegal possession of firearms - penalty of prision mayor in its minimum period shall be imposed in addition to the penalty for the crime committed. ●

To be absorbed as an element of the crime - if the violation is in furtherance of, or incident to, or in connection with the crime of rebellion, insurrection, or attempted coup d’ etat, such violation shall be absorbed as an element of the said crimes [Sec. 29 (2), R.A. 10591]

●

To be considered as a separate and distinct offense - If the crime is committed by the person without using the loose firearm, the violation of this Act shall be considered as a distinct and separate offense. [Sec. 29 (3), R.A. 10591]

Special Aggravating Circumstance RA 8294 does not specify whether or not the use of an unlicensed firearm in murder or homicide is generic or special aggravating. It merely states that the use of the unlicensed firearm is appreciated as “aggravating.” In Palaganas v. People [G.R. No. 165483 (2006)], the Court interpreted this as making the use of unlicensed firearm in murder or homicide as special aggravating. Applying the logic of Palaganas by analogy, Section 29 in RA 10591 should be interpreted as assigning the use of loose firearms as special aggravating as well. d. Use of Dangerous Drugs Qualifying Aggravating Circumstance A positive finding for the use of dangerous drugs is a qualifying aggravating circumstance and the application of the penalty provided for in the RPC shall be applicable [Sec. 25, R.A. 9165] e. Arson under PD 1613 Special Aggravating Circumstance The following are considered special aggravating circumstances when the crime of

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Arson is committed; that the crime was committed: [BaHaGS] 1. For the Benefit of another 2. Because of Hatred towards owner/occupant 3. With Intent to Gain 4. By a Syndicate Syndicate Offense is committed by a syndicate if it is planned or carried out by a group of three (3) or more persons. [Sec. 4, P.D. 1613] Under art. 62 of RPC, a syndicate needs at least TWO persons. Under P.D. 1613, a syndicate needs at least THREE persons.

e. Alternative Circumstances [Art. 15] Alternative Circumstances These are circumstances which may be taken in consideration, as aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission. [REYES, Book 1]

protection [People v. Bersabal, G.R. No. 24532 (1925)] Other relatives included The relationship of stepfather or stepmother and stepson or stepdaughter is included by analogy as similar to that of ascendant and descendant. [People v. Bersabal, G.R. No. 24532 (1925); People v. Portento, C.A., 38 O.G. 46, cited in REYES, Book 1] Relationship as Exempting Circumstance: 1. When the accessory is related to the principal. General Rule: This includes spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article. [Art. 20, RPC] Exception: When said relatives profited themselves or assisted the offender to profit by the effects of the crime. [Art. 19 (1), RPC]

TYPES UNDER ART. 15. [RIE] 1. Relationship 2. Intoxication 3. Degree of Education/instruction 1. RELATIONSHIP The alternative circumstance of relationship shall be taken into consideration when the offended party is the: [SAD SiRA] a. Spouse b. Ascendant c. Descendant d. Legitimate, natural, or adopted brother or sister (Siblings) e. Relative by Affinity in the same degree of the offender [People v. Marco, G.R. No. 132392 (2001)] Relatives by Affinity Includes in-laws, stepfather, or stepmother, stepchild and the like. It is the duty of the stepparents to bestow upon their stepchildren a mother’s or father’s affection, care and

2. Death under exceptional circumstances. A legally married person who having surprised his spouse in the act of committing sexual intercourse with another person who shall inflict upon them physical injuries of any other kind (i.e. less serious and slight physical injuries). [Art. 247, RPC] 3. Select Crimes Against Property. For crimes of theft, swindling (estafa), and malicious mischief there is no criminal liability if they be caused by the following persons [SADRAS-WS-BS]: a. Spouses, Ascendants and Descendants, or Relatives by Affinity in the Same line. b. The Widowed Spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and

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c. Brothers and Sisters and brothers-inlaw and sisters-in-law, if living together. [Art. 322, RPC] Relationship as Mitigating Circumstance: 1. In crimes against property [RUFA] a. Robbery [Arts. 294-302, RPC] b. Usurpation [Art. 312, RPC] c. Fraudulent insolvency [Art. 314, RPC] d. Arson [Arts. 321-322, 325-326, RPC]. 2. When the crime is less serious or slight physical injuries – if the offended party is a relative of a lower degree than the offender. [Art. 263, RPC; REYES, Book 1]

Relationship Not Appreciated: 1. When relationship is an element of the offense: [PAC] a. Parricide b. Adultery c. Concubinage [REYES, Book 1] 2. For Persons Attached by Common-Law Relations. The law cannot be stretched to include such relations because there is no blood relationship or legal bond that links the parties. [People v Atop, G.R. Nos. 124303-05 (1998)]

3. In trespass to dwelling - Where a son-inlaw, believing his wife to be in her father's house, attempted to force an entry therein, the relationship is to be considered in mitigation. [U.S. vs. Ostrea, 2 Phil. 93, 95 (1903)]

3. For Relationships by Affinity. Relationships by affinity should not be deemed to aggravate the crime in the absence of evidence to show that the offended party is of a higher degree in the relationship than that of the offender. [People vs. Canitan, G.R. No. L-16498 (1963)]

Relationship as Aggravating Circumstance:

2.

Crimes Against Person General Rule: Higher degree; or Relatives of the same level [People v. Alisub, 69 Phil. 362 (1969) Exception: Always aggravating in the following: 1. Serious Physical Injuries [Reyes, Book 1] 2. Homicide or Murder [REYES, Book 1] 3. Rape [People v. Delen, G.R. No. 194446 (2014)]

Crimes Against Chastity Relationship is always aggravating [People v. Orilla, G.R. Nos. 148949-40 (2004)] Rationale: Because of the nature and effect of the crime committed. It is not shocking to our moral sense when we hear a father committed, for instance, the crime of slight physical injury against his daughter; but it certainly is very shocking when we hear that a father committed acts of lasciviousness on the person of his own daughter. [REYES, Book 1]

INTOXICATION

Requisites to be Considered as Mitigating Circumstance: [DSC-NHD-NWIR] a. Act was done due to alcoholic intake of the offender, he suffers from Diminished SelfControl. b. Offender is Not a Habitual Drinker. c. Offender did Not take the alcoholic drink With the Intention to Reinforce his resolve to commit crime. [Reyes, Book 1] When Aggravating Circumstance a. If intoxication is habitual; or b. If it is intentional to embolden offender to commit crime [REYES, Book 1] Meaning of Habitual Drunkard A habitual drunkard is one given to intoxication by excessive use of intoxicating drinks. The habit should be actual and confirmed. It is unnecessary that it be a matter of daily occurrence. [People v. Camano, G.R. Nos. L36662-6 (1982)]

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Accused’s State of Intoxication Must be Proved The defendant testified that before the murder, he took a bottle of wine and drank little by little until he got drunk. The policeman who arrested the accused testified that the latter smelled of wine and vomited. The Court held that the evidence presented was not satisfactory to warrant a mitigation of the penalty. [People v. Noble, supra] The person pleading intoxication must prove that he took such quantity of alcoholic beverage, prior to the commission of the crime, as would blur his reason. [People v. Bernal, G.R. No. 132791 (2002)] 3. DEGREE OF INSTRUCTION

EDUCATION

OR

Low Degree of Education Refers to the lack of sufficient intelligence of and knowledge of the full significance of one’s act. [REYES, Book 1] Requisite: To be considered mitigating, degree of instruction must have some reasonable connection to the offense. [REYES, Book 1] General Rule: Low degree of education is a mitigating circumstance. [U.S. v. Reguera, G.R. No. L-16639 (1921)] Exceptions [PT-RCM]: a. Crimes against Property (e.g., estafa, theft, and robbery) [U.S. v. Pascual, G.R. No. 3777 (1908)] b. Crimes against Chastity [Malesa v. Director, cited in REYES, Book 1] c. Treason [People v. Lansanas, G.R. No. L1622 (1948), cited in REYES, Book 1] d. Rape [REYES, Book 1] e. Murder or homicide; to kill is forbidden by natural law which every rational being is endowed to know and feel [People v. Laspardas, G.R. No. L-46146 (1979)]

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High degree of education May be appreciated as aggravating when the offender availed himself or took advantage of it in committing the crime. [REYES, Book 1]

f. Absolutory Causes Absolutory Causes Those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed. [People v. Talisic, G.R. No. 97961 (1997)] Types of Absolutory Causes [IPON]: 1. Instigation 2. Pardon by the offended party 3. Other absolutory causes 4. Acts Not covered by law and in case of excessive punishment. [Art. 5, RPC] 1. INSTIGATION Instigation It is the means by which the accused is lured into the commission of the offense charged in order to prosecute him. [People v. Bartolome, G.R. No 191726 (2013)] The involvement of a law officer in the crime itself in the following manner: a. He induces a person to commit a crime for personal gain. b. He doesn’t take the necessary steps to seize the instrument of the crime & to arrest the offenders before he obtained the profits in mind. c. He obtained the profits in mind, even though afterwards does take the necessary steps to seize the instrument of the crime and to arrest the offenders. Basis of Exemption from Criminal Liability A sound public policy requires that the courts shall condemn the practice by directing the acquittal of the accused. [REYES, Book 1] Instigation must be made by public officers or private detectives A criminal act may not be punishable if the accused was induced to commit it by active cooperation and instigation on the part of public

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detectives [State v. Hayes, 105 Mo. 76,16 S.W. 514, 24 Am. St. Rep. 360, cited in REYES, Book 1, p. 247] Entrapment is Different from Instigation Entrapment Trapping persons into crime for the purpose of instituting criminal prosecutions. It is a scheme or technique ensuring the apprehension of the criminals by being in the actual crime scene. [People v. Lua Chu and Uy Se Tieng, 56 Phil. 44 (1931)] In entrapment, a person has planned or is about to commit a crime and ways and means are resorted to by a public officer to trap and catch the criminal. Entrapment is not a defense. [REYES, Book 1] The law officers shall not be guilty to the crime if they have done the following: a. He does not induce a person to commit a crime for personal gain or is not involved in the planning of the crime. b. Does take the necessary steps to seize the instrument of the crime and to arrest the offenders before he obtained the profits in mind. Entrapment v. Instigation Entrapment Instigation As to Nature Ways and means The instigator are resorted to for practically induces the purpose of the would-be trapping and accused into the capturing the commission of the lawbreaker in the offense and himself execution of his becomes a cocriminal plan principal. As to Origin of the Crime The means originate The law enforcer from the mind of the conceives the criminal. commission of the crime and suggests to the accused who carries it into execution. As to Means

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A person has planned or is about to commit a crime and ways and means are resorted to by a public officer to trap and catch the criminal.

A public officer or a private detective induces an innocent person to commit a crime and would arrest him upon or after the commission of the crime by the latter. As to Conviction or Acquittal Not a bar to the The accused must prosecution and be acquitted conviction of the because the lawbreaker. offender simply acts as a tool of the law enforcers 2. PARDON BY OFFENDED PARTY Crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders. [Art. 344, RPC] See: Art. 344 for detailed discussion. 3. OTHER ABSOLUTORY CAUSES [DALS-PARTS] a. Death under exceptional circumstances [Art. 247, RPC] b. Accessories in light felonies [Art. 16, RPC] c. Light felonies not consummated [Art. 16, RPC] d. Spontaneous desistance [Art. 6, RPC] e. Prescription of crimes [Art. 89, RPC] f. Accessories exempt under Art. 20 [Art. 20, RPC] g. Exemptions from criminal liability for cases of theft, swindling and malicious mischief, by virtue of his Relationship to the offended party. [Art. 332, RPC] h. Trespass to dwelling to prevent serious harm to self [Art. 280, RPC]

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i.

Discovering secrets through Seizure of correspondence of the ward by their guardian [Art. 219, RPC]

Rationale: Only natural persons can act with personal malice or negligence. Moreover, penalties such as substitution of deprivation of liberty (subsidiary imprisonment) for pecuniary penalties in case of insolvency, or destierro can only be executed against individuals.

3. Persons Liable and Degree of Participation a. Principals, Accessories

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Accomplices,

and

Exception: Special laws where corporations are expressly penalized for their violations (e.g. Corporation Law, Public Service Law, Securities Law, Election Code, etc.).

Persons Criminally Liable [Art. 16, RPC] When more than one person participated in the commission of the felony, the law looks into their participation. The RPC classifies them as: 1. Principal 2. Accomplice 3. Accessory This classification is true only under the RPC and not under special laws, because the penalties under the latter are never graduated. If the crime is punishable under special laws, the more appropriate term would be “offender/s, culprit/s, accused”. Grave and Less Grave Felonies v. Light Felonies [Art. 16, RPC] Grave and Less Grave Felonies

Light Felonies

All participants (principal, accomplice, accessory) are criminally liable.

Only principal and accomplice are liable.

Officers of Corporation are Liable General Rule: Only officers of corporations acting in their official duties can be punishable. The offending officers answer criminally for their acts and not the corporation. [REYES, Book 1] 2. Passive Subject – the injured party.

1. PRINCIPALS Art. 17. Principals – The following are considered principals: 1. Those who take a direct part in the execution of the act; 2. Those who directly force or induce others to commit it; 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.

Parties to a Crime 1. Active Subject – the offender (e.g., principal, accomplice, accessory) General Rule: Only natural persons can be the active subjects of a crime due to the highly personal nature of criminal responsibility. Juridical persons cannot be active subjects.

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Requisites to be Considered as Principal Principal by Principal by Principal by Direct Indispensable Inducement Participatio Cooperation [IDC] n [PCP]

1. Offender Participate d in the criminal resolution; and

2.Offender Carried out their plan and Personally took part in its execution by acts which directly tended to the same end [People v. Ong Chiat Lay, G.R. No. L39086 (1934)]

[PAC-CI]

1.Inducement was made with the Intention of procuring the commissio n of the crime

2.Said inducement is the Determinin g Cause of the commissio n of the crime by the material executor [US v. Indanan, G.R. No. L8187 (1913)]

1. Offender Participated in the criminal resolution such that there is Anterior Conspiracy or unity of criminal purpose and intention before the commission of the crime. 2.Cooperation in the commission of the offense by performing another act which is Indispensab le, and without which it would not have been accomplish ed. [REYES, Book 1]

CRIMINAL LAW

a. Principal by Direct Participation [RPC, Art. 17(1)] Those that actually perform acts necessary in the commission of the offense. [REYES, Book 1] Requisites: [PCP] 1. Offender Participated in the criminal resolution; and 2. Offender Carried out their plan and Personally took part in its execution by acts which directly tended to the same end [People v. Ong Chiat Lay, supra] Presence During Commission of Crime General Rule: Principals by direct participation must be at the scene of the commission of the crime, personally taking part. [REYES, Book 1] Exception: When there is a conspiracy and the principal by direct participation has already performed his part prior to the commission of the crime. [People v. Santos, G.R. No. 117873 (1997)] b. Principal by Inducement [RPC, Art. 17(2)] Those who directly force or induce others to commit the offense. [REYES, Book 1] Requisites [IDC] 1. Inducement be made with the Intention of procuring the commission of the crime 2. Said inducement is the Determining Cause of the commission of the crime by the material executor [US v. Indanan, G.R. No. L-8187 (1913)] TWO (2) WAYS OF INDUCEMENT 1. By using irresistible force or causing uncontrollable fear a. Irresistible Force - Such physical force as would produce an effect upon the individual that despite all his resistance, it reduces him to a mere instrument.

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Force, fear, duress, or intimidation must be present, imminent, impending; and of such nature as to induce a wellgrounded apprehension of death or serious bodily harm if the act be done [People v. Anod, G.R. No. 186420 (2009]. b. Uncontrollable Fear – Such fear that must be grave, actual, serious and of such kind that majority of men would succumb to such moral compulsion. Mere threat of future injury is not sufficient. Compulsion must be such that it reduced the offender to a mere instrument acting not only without will but against his will as well. It must be of such character to leave the accused no opportunity for escape. [Ty v. People, G.R. No. 149275 (2004)] 2. By giving of price or offering of reward or promise or using words of command a. By giving of price or offering of reward or promise - The one giving the price or offering the reward or promise is a principal by inducement while the one committing the crime in consideration thereof is a principal by direct participation. There is collective criminal responsibility. b. By using words of command person who used the words of command is a principal by inducement while the person who committed the crime because of the words command is a principal by direct participation.

Requisites of Using Words of Command: [II-DPM] 1. The one who made the command must have: a. Intention of procuring the commission of the crime b. Ascendancy/Influence over the person who acted 2. Words used must be:

a. So Direct, efficacious, and powerful to amount to physical/moral coercion b. Uttered Prior to the commission of the crime 3. Material executor has no personal reason to commit the crime [REYES, Book 1] Principal by Inducement v. Proposal to Commit a Felony [REYES, Book 1] Principal by Inducement

Proposal to Commit a Felony

As to Purpose Inducement to commit a crime As to liability Liable only when crime is committed by principal by direct participation

Person to whom proposal is made should not commit the crime

As to Crimes Included Involves any crime

Proposal to be punishable must involve only treason/rebellion

Effect of Acquittal of Principal by Direct Participation General Rule: Conspiracy is negated by acquittal of co-defendant. One cannot be held guilty of having instigated the commission of a crime without first being shown that the crime has been actually committed by another. [People v. Ong Chiat Lay, supra] Exception: When principal actor is acquitted because he acted without malice or criminal intent. [People v. Po Giok To, G.R. No. L-7236 (1955)].

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c. Principal by Indispensable Cooperation [RPC, Art. 17(3)] Those who cooperate in the commission of the offense by another, without which it would not have been accomplished. [REYES, Book 1] Requisites [PAC-CI]: 1. Participation in criminal resolution such that there is Anterior Conspiracy or unity of criminal purpose and intention before the commission of the crime. 2. Cooperation in the commission of the offense by performing another act which is Indispensable and without which it would not have been accomplished. [REYES, Book 1] Cooperation To cooperate is to help, to aid, and presupposes knowledge of the ultimate purpose in view. [Samson v. CA, G.R. Nos. L10364 & L-10376 (1958)] 2. ACCOMPLICES Art. 18. Accomplices – Accomplices are the persons who, not being included in Article 17, cooperate in the execution of the offense by previous or simultaneous acts. An accomplice cooperates in the execution of the offense by previous or simultaneous acts, provided he has no direct participation in its execution or does not force or induce others to commit it, or his cooperation is not indispensable to its accomplishment. [People v. Mandolado, supra] Requisites: [CD-CR] a. Community of Design: Knowing and concurring with the criminal design of the principal by direct participation b. Cooperation in the execution of the offense by previous/simultaneous acts with the intent of supplying material/moral aid; and c. Relationship between acts of the principal and those attributed to the accomplice [REYES, Book 1]

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Knowledge of Actual Crime Not Required One can be an accomplice even if he did not know of the actual crime intended by the principal, provided he was aware that it was an illicit act. [People v. Doctolero, G.R. No. 34386 (1991)] Accomplice does Not Decide the Crime Accomplices do not decide whether the crime should be committed; they merely assent to the plan of the principal by direct participation and cooperate in its accomplishment. [People v. Pilola, G.R. No. 121828 (2003)] Accomplice in Bigamy A person, whether man or woman, who knowingly consents or agrees to be married to another already bound in lawful wedlock is guilty as an accomplice in the crime of bigamy. [Santiago v. People, G.R. No. 200233 (2015)] Liability of Accomplice The liability of accomplices is less than principals and they shall be meted with the penalty next lower in degree (1 degree) than that prescribed by law. [Arts. 52, 54, & 56, RPC] It is also possible for an accomplice to be liable as such for a different crime than what the principal committed, such as when he/she provides transport for someone committing robbery but does not participate in the killing committed by the latter. [People v. Doble, G.R. No. L-30028 (1982)] Conspirator v. Accomplice Conspirator Accomplice As to Criminal Design They know of and They know and join in the criminal agree with the design criminal design As to When Criminal Intention is Known From its inception, Only after the because they principals have themselves have reached the decision decided upon such to commit it course of action As to Who Decides to Commit the Crime

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Accomplices merely assent to the plan and cooperate in its accomplishment As to Authorship of the Crime Conspirators are the Accomplices are merely instruments authors of a crime who perform acts that are useful for, but not essential to, the perpetration of the offense, giving material/moral aid without conspiracy

NOTE: This must be with the consent of the principal, otherwise he is a principal of theft [REYES, Book 1]

Conspirators decide that a crime should be committed

b. Assisting the Offender to Profit by the Effects of the Crime - Knowingly receiving stolen property and selling it for the thief’s profit [US v. Galanco, G.R. No. 4440 (1908)] An accessory should not be in conspiracy with the principal [US v. Tan Tiap Co, G.R. No. 11643 (1916)] 2. Concealing/destroying the body of the crime to prevent its discovery Body of the Crime (“corpus delicti”) Fact of the commission of the crime, not the physical body of the deceased [Rimorin v. People, G.R. No. 146481 (2003)] Examples: a. Assisting in the burial of a homicide victim to prevent the discovery of the crime [US v. Leal, G.R. No. 432 (1902)] b. Making the victim appear armed to show the necessity of killing him [US v. Cuison, G.R. No. L-6840 (1911)] c. Concealing the effects/instruments of the crime, such as concealing a gun [REYES, Book 1]

3. ACCESSORIES Art. 19. Accessories – Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: 1. By profiting themselves or assisting the offender to profit by the effects of the crime. 2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. 3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime. PUNISHABLE ACTS OF ACCESSORIES [PACE]: 1. Profiting themselves or Assisting the offender to profit by the effects of the crime Examples: a. Profiting Themselves - Receiving stolen property knowing that it had been stolen [People v. Tanchoco, G.R. No. L-38 (1946)].

3. Harboring/concealing/assisting in the Escape of the principal of the crime committed by either a public officer or a private person Elements under the Two (2) Classes of Accessories Public Officer [PAHAL]

Private Person [PH-TPaMAPH]

Offender is a Public Offender is a Private officer who acts with person Abuse of his public functions Offender Harbors/conceals/assists in the escape of the principal

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is either Principal commits Any Crime crime except Light Treason, Parricide, Murder, Attempt felonies> against the life of the President, or principal is known to be Habitually guilty of another crime Liability of Accessories Liability is subordinate to the principal because their participation is subsequent to the commission of the crime. [US v. Mendoza, G.R. No. 7540 (1912)] The penalty to be imposed for accessories is two (2) degrees lower than that prescribed for the felony [Art. 53, 55, & 57 RPC]. Effect of Acquittal of Principal General Rule: If the facts alleged are not proven or do not constitute a crime, the legal grounds for convicting the accessory do not exist. [US v. Mendoza, G.R. No. 7540 (1912)] Exemption: If the principal was convicted but not held criminally liable for an exempting circumstance (i.e. insanity, minority, etc.) [Art. 12, RPC], the accessory may still be held criminally liable since the crime was still committed. [US v. Villaluz, G.R. No. 10726 (1915)]. Determination of the liability of the accessory can proceed independently of that of the principal. [Vino v. People, G.R. No. 84163 (1989)] Exemptions from Criminal Liability An accomplice is exempted from criminal liability when: 1. Crime is a light felony. [Art. 19 (c), RPC]; or 2. Principal is a relative under the exemptions in RPC Art. 20, except if said accessory has profited or assisted the principal in profiting from the crime Relatives Included Under Art. 20 [SADBSR] a. Spouse b. Ascendant

c. Descendant d. Legitimate/natural/adopted Brother or Sister e. Relative by affinity within the same degree Rationale: The ties of blood and the preservation of the cleanliness of one’s name, which compels one to conceal crimes committed by relatives so near as those mentioned in this article. [REYES, Book 1] Principal v. Accomplice v. Accessory Principal Accomplice Accessory [Art. 17] [Art. 18] [Art. 19] As to Acts Committed One who: One who One who: cooperated 1. Directly 1. Made a participate in the profit from d in the commission or assisted offense or of the the 2. Induced or offense offender in without forced profiting being others to from covered by commit effects of Art. 17 the crime; the crime; or or 3. Committed 2. Concealed acts which or are destroyed indispensa the body ble to the of the commissio crime; or n of the 3. Harbored, crime concealed or assisted in the escape of the principal As to Imposable Penalty Penalty 1 degree 2 degrees prescribed by lower [Arts. lower [Arts. law 52, 54, & 56, 53, 55, & 57, RPC] RPC] As to When Acts Were Committed During the Before or After the commission after the commission of of the offense commission the offense

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Except: When of the there is a offense conspiracy and the principal has already performed his part prior to its commission. [People v. Santos, G.R. No. 117873 (1997)] As to Necessity of Cooperation Indispensable to the commission of the crime

Not indispensable

CRIMINAL LAW

brings about the presumption of fencing. As to Imposable Penalty Higher than Penalty 2 degrees mere imposed for lower than accessory to the that of the robbery/theft accomplice principal [Sec. 3, P.D. [Sec. 4, P.D. [Art. 53 to 1612] 532] 55, RPC]

Not indispensable

4. SPECIAL LAWS Anti-Fencing Law v. Anti-Piracy and Highway Robbery Law of 1974 v. Accomplice Anti-Piracy Antiand Fencing Highway Accessory Law Robbery [Art. 19 (1)] [P.D. 1612] Law [P.D. 532] As to Punishable Act Knowingly Knowingly Profiting profiting or acquiring or themselves assisting the receiving or assisting principal to property the offender profit by the taken by to profit by effects of a pirates or the effects of robbery or brigands or the crime theft in any manner benefiting therefrom As to Crimes Applicable Robbery Robbery of Any Crime or Theft Theft Whether Possession Beings About Presumption of Committing the Crime Mere No such No such possession presumption. presumption.

Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders [P.D. 1829] Any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases, shall be punished: 1. Prision correccional in its maximum period, or 2. Fine ranging from PhP 1,000 – 6,000, or 3. Both Accessory v. Principal in Obstruction of Justice Law Penalizing Accessory “Obstruction of [Art. 19 (3)] Justice” [P.D. 1829] As to Acts Punished Harboring, Knowingly or willfully concealing, or obstructing, assisting in the impeding, frustrating escape of the or delaying the principal of the apprehension of crime suspects and the investigation and prosecution of criminal cases As to Liability of the Offender Offender is merely an accessory to the Offender is liable as crime charged and the principal of P.D. another person is 1829. charged as the principal As to Crimes Applicable

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If committed by private person - only applies to the specified crimes (e.g., treason, parricide, murder, attempt against the life of the President, or principal is habitually guilty of another crime)

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Applies to any crime

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A. CONSPIRACY AS A FELONY Exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. [Art. 8, RPC]. Agreement may be oral or written, express or implied. Requisites of Conspiracy [ACE]: 1. Two or more persons come to an Agreement. 2. Agreement pertains to a Commission of a felony; and 3. Execution of the felony was decided upon.

If committed by public officer – applies to any crime, except light felonies

b. Conspiracy and Proposal Art. 8. Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit felony are punishable only in the cases in which the law specifically provides a penalty therefor. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. Rule on When Conspiracy and Proposal Constitutes a Crime General Rule: conspiracy or proposal to commit a crime is not punishable because they are only preparatory acts and the law regards them as innocent or at least permissible except in exceptional cases. [REYES, Book 1] Exception: When the law specifically provides for a penalty thereof.

NOTE: Mere knowledge, acquiescence to or agreement to cooperate, is not enough to constitute one as party to conspiracy, absent any active participation in the commission of the crime. Conspiracy transcends companionship. [People v. Patano, G.R. No. 129306, (2003)] Examples of Felonious Conspiracy [METRICS DATA]: 1. Monopolies and combinations in restraint of trade [Art. 186, RPC] 2. Espionage [Sec. 3, C.A. 616] 3. Treason [Art. 115, RPC] 4. Rebellion [Art. 136, RPC] 5. Insurrection [Art. 136, RPC] 6. Coup d’état [Art. 136, RPC] 7. Sedition [Art. 141, RPC] 8. Selected acts under the Dangerous Drugs Act [Sec. 26, R.A. 9165] 9. Arson [Sec. 7, P.D. 1613] 10. Terrorism [Sec. 4, R.A. 9372] 11. Access device fraud [Sec. 11, R.A. 8484] Conspiracy as a Felony v. Conspiracy as a Manner of Incurring Criminal Liability Conspiracy as a felony refers to the mere agreement to commit the said acts and NOT the actual execution thereof. [People v. Fabro, G.R. No. 114261 (2000)]

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Conspiracy as Basis for Incurring Criminal Liability As to Stage Preparatory acts Executory acts How Incurred Commission of overt Mere agreement acts As to Legal Requirements Participants acted in concert or simultaneously or in any way which is indicative of a meeting of the minds RPC must towards a common specifically punish criminal goal or the act of criminal objective. conspiring (and proposing) The act of meeting together is not The act must not necessary as long as be accomplished, a common objective else the conspiracy can be discerned is absorbed and from the overt acts. the act itself is punished. The act must be accomplished, if there is only conspiracy or proposal, there is no crime to be punished. As to Quantum of Proof Conspiracy must be established by positive and conclusive evidence. [People v. Laurio, G.R. No. 181539 Conspiracy as a (1991)] crime must be established However, beyond reasonable circumstantial doubt evidence may also be used and it can be reasonably inferred from the acts of the offenders when such acts disclose or show Conspiracy as a Felony

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a common pursuit of the criminal objective. [People v. Pinto, G.R. No. 39519 (1991)] As to Crimes Applicable Only applies conspiracy to commit treason, coup d’état, Any crime rebellion, insurrection, and sedition B. CONSPIRACY AS A MANNER INCURRING CRIMINAL LIABILITY

OF

Liability When Conspiracy is Established General Rule: The act of one becomes the act of all. All who participated therein, irrespective of the quantity or quality of his participation is liable equally, whether conspiracy is preplanned or instantaneous [REYES, Book 1]. Exception – Unless one or some of the conspirators committed some other crime which is not part of the intended crime. Exception to the Exception – When the act constitutes a “single indivisible offense.” Collective Criminal Responsibility v. Individual Criminal Responsibility Collective Criminal Individual Criminal Responsibility Responsibility As to Definition When offenders are When each of the criminally liable in participants in an the same manner offense is and to the same responsible only for extent the consequences of his own acts in the absence of previous conspiracy, unity of criminal purpose and intention, or community of criminal design [US v. Magcomot, G.R. No. 4329 (1909)]

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consummated in a moment’s notice — through a single word of assent to a proposal or an unambiguous handshake. Yet it is more difficult to presume conspiracy in extemporaneous outbursts of violence; hence, the demand that it be established by positive evidence. [Li v. People, G.R. No. 127962 (2004)]

As to Liability Once conspiracy is Each of the proven, the act of participants is one is the act of all responsible only for [People v. Zafra, his own acts G.R. No. 225784 [Araneta, Jr. v. CA, (2019)] and they all G.R. No. 43527 share the same (1990)] liability as coprincipals [People v. Aliben, G.R. No. 140404 (2003)] Degree of Proof General Rule: Conspiracy must be established by positive and conclusive evidence, not by conjectures or speculations. [People v. Laurio, G.R. No. 181539 (1991)] Exceptions: 1. Circumstantial Evidence may be Used Conspiracy may be established through the collective acts of the accused before, during and after the commission of a felony that all the accused aimed at the same object, one performing one part and the other performing another for the attainment of the same objective; and that their acts, though apparently independent, were in fact concerted and cooperative, indicating closeness of personal association, concerted action and concurrence of sentiments. [People v. Talaogan, G.R. No. 178198 (2008)] 2. Presumption of Conspiracy (Band) Conspiracy need not be proved if the existence of the band is clearly established (e.g, crime of robbery with a band). The law presumes the attendance of conspiracy so much so that "any member of a band who is present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same." [People v. Peralta, supra.] NOTE: Spontaneity does not preclude conspiracy, which after all, can

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Doctrine of Implied Conspiracy Conspiracy may be inferred from the conduct of the parties, their joint purpose, community of interest and in the mode and manner of commission of the offense. [People v. Pangilinan, G.R. Nos. 134823-25 (2003)]. Existence of Implied Conspiracy must be based on: 1. Overt acts done before, during, or after the commission of the crime; or 2. Words, remarks or language used before, during or after the commission of the crime [People v. Sandiganbayan, G.R. No. 158754 (2007)] The above must show that they acted in unison with each other, evincing a common purpose or design. It must be shown that they cooperated in the commission of the offense, either morally, through advice, encouragement or agreement or materially through external acts indicating a manifest intent of supplying aid in the perpetration of the crime in an efficacious way. [People v. Ramos, G.R. No. 118570 (2004)] No Criminal Liability in the Following Cases: 1. Mere acquiescence to or approval of the commission of the crime, without any act of criminal participation, shall not render one criminally liable as co-conspirator. [People v. Izon, G.R. L-10397 (1958)]

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However, having community of design with the principal does not prevent a malefactor from being regarded as an accomplice if his role in the perpetration of the homicide or murder was, relatively speaking, of a minor character. [People v. Nierra, G.R. No. L32624 (1980)]

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2. If the party desisted from the commission of the crime. [People v. Timbol, G.R. Nos. L-47471-3 (1944)] Wheel or Circle Conspiracy v. Chain Conspiracy 1. Wheel or Circle Conspiracy - there is a single person or group (the hub) dealing individually with two or more other persons or groups (the spokes). 2. Chain Conspiracy - there is successive communication and cooperation in much the same way as with legitimate business operations between manufacturer and wholesaler, then wholesaler and retailer, and then retailer and consumer. [Estrada v. Sandiganbayan, G.R. No. 148965 (2002)] When the person who has decided to commit a felony proposes its execution to some other person or persons. [Art. 8, RPC] Requisites: [DP] 1. Decision to commit a felony; and 2. Proposal to execute to person/persons.

other

It is not necessary that the person to whom the proposal is made agrees to commit it. [REYES, Book 1] Proposals Punishable by Law [ReCIT]: 1. Rebellion [Art. 136, RPC] 2. Coup d’ etat [Art. 136, RPC] 3. Insurrection [Art. 136, RPC] 4. Treason [Art. 115, RPC]

c. Multiple Offenders Four Forms of Repetition: 1. Recidivism/Reincindencia [Art. 14(9), RPC] 2. Habituality/Reiteracion [Art. 14(10), RPC] 3. Multi-recidivism/Habitual Delinquency [Art. 62(5), RPC] 4. Quasi-recidivism [Art. 160, RPC]

CRIMINAL LAW

1. RECIDIVISM Recidivist One who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC. [People v. Lagarto, G.R. No. 65833 (1991)] Requisites [Reyes, Book 1]: [TPSC] a. Offender is on Trial for a felony b. He was Previously convicted by final judgment of another crime c. Both the first and second felonies are embraced in the Same title of the RPC d. Offender is Convicted of the new offense Offender is on Trial for an Offense What is controlling is the time of trial, not the time of commission of the crime. [REYES, Book 1] ● It is meant to include everything that is done in the course of the trial, from arraignment until after the sentence is announced by the judge in open court. [People v. Lagarto, supra.] ● It is sufficient that the succeeding offense be committed after the commission of the preceding offense, provided that at the time of his trial for the second offense, the accused had already been convicted of the first offense. [REYES, Book 1] Rules in Counting Number of Convictions a. If both offenses were committed on the same date, they shall be considered as only one, hence, they cannot be separately counted in order to constitute recidivism. b. If judgments of conviction handed down on the same day shall be considered as only one conviction. When is there Conviction by Final Judgment a. After lapse of period for perfecting appeal (15 days); b. When sentence has been partially or totally served; c. Accused waived in writing his right to appeal; or

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d. Accused has applied for probation. [Rule 120, Sec. 7, ROC] Effect of the following: ● Pardon on the first felony – the first conviction is still counted to make him a recidivist, since pardon does not obliterate the fact of his prior conviction. [People v. Lacao, Sr., G.R. No. 95320 (1991)] ● Amnesty on the first felony - his former conviction would not be aggravating. According to Art. 89, amnesty extinguishes not only the penalty but also its effects. [US v. Sotelo, G.R. No. L-9791 (1914)] Special Laws Not Contemplated In recidivism, the crimes committed should be felonies. There is no recidivism if the crime committed is a violation of a special law. [People v. Lauleco, C.A., 36 O.G. 956] 2. HABITUALITY

(REITERACION)

Requisites [REYES, Book 1]: [TPE2LC] a. Offender is on Trial for an offense b. He Previously served sentence for: i. Another offense to which the law attaches Equal or greater penalty; or ii. 2 or more crimes to which it attaches Lighter penalty than that for the new offense c. Offender is Convicted of the new offense NOTE: What is considered is the penalty attached to offense, not the one actually imposed. [REYES, Book 1] Offender Already Served Sentence There is no reiteracion if the accused was still serving sentence at the time of the commission of the offense. In reiteracion/habituality, it is necessary that the offender shall have served out his sentence for the first offense. [REYES, Book 1] 3. QUASI-RECIDIVISM Art. 160. Commission of another crime during service of penalty imposed for

CRIMINAL LAW

another offense; Penalty. - Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony. Requisites [CBD] a. Convicted by final judgment of one offense. b. Committed a new felony Before/During service of such sentence. [Art. 160, RPC] Reiteracion and Quasi-recidivism Cannot be Simultaneous Since reiteracion provides that the accused has duly served the sentence for previous conviction/s, or is legally considered to have done so, quasi-recidivism cannot at the same time constitute reiteracion, hence the latter cannot apply to a quasi-recidivist. [People v. Layson, G.R. No. L-25177 (1969)] Pardon [Art. 160(2), RPC] General Rule: A quasi-recidivist may be pardoned and pardon is to be given to a convict who: 1. Is not a habitual criminal; 2. Is already at the age of seventy (70) years; and 3. Has already served out his original sentence or if he completing it after reaching such age Exception: If by reason of his conduct, he is deemed not worthy of such clemency. 4. MULTI-RECIDIVISM/HABITUAL DELINQUENCY Requisites [T-FIRE, 10-2, 10-3] a. Offender had been convicted of any of the crimes of [T-FIRE]: Theft; Falsification; serious or less serious physical Injuries; Robbery; Estafa. b. After conviction or after serving his sentence, he again committed, and, within 10 years from his release or first conviction,

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he was again convicted of any of the said crimes for the 2nd time c. After his conviction of, or after serving sentence for the second offense, he again committed, and, within 10 years from his last release or last conviction, he was again convicted of any of said offenses, the 3rd time or oftener. [Art. 62, RPC] NOTE: Computation of the 10-year period can start from either the conviction OR release of the accused in his previous crime and shall end with the date of his conviction in the subsequent crime. [People v. Lacsamana, G.R. No. L-46270 (1938)] Coverage ● It applies to all participants (e.g., principals, accomplices, accessories) because it reveals persistence in them of the inclination to wrongdoing and of the perversity of character that led them to commit the previous crime. ● It applies to any stage of the execution (attempt, frustration, or consummation) because subjectively, the offender reveals the same degree of depravity or perversity as the one who commits a consummated crime. Not An Ex Post Facto Law The imposition of the additional penalty on habitual delinquents are not unconstitutional because such law is neither an ex post facto law nor an additional punishment for future crimes. It is simply a punishment on future crimes on account of the criminal propensities of the accused. [People v. Montera, G.R. No. L-34431 (1931)] Recidivism Inherent in Habitual Delinquency A habitual delinquent is necessarily a recidivist. In penalizing him, the aggravating circumstance of recidivism has to be taken into account. However, for the purpose of fixing the additional penalty, recidivism cannot be taken as an aggravating circumstance for the reason that it is inherent in habitual delinquency. [People v. Tolentino, G.R. No. L-48740 (1942)]

CRIMINAL LAW

Rules in Counting Convictions [REYES, Book 1] a. Convictions on the same day are counted as one. b. Crimes committed on the same date, although convictions are on different dates, are counted as one. c. Crime committed during the minority of the offender is not considered. d. Commission of any of the crime need not be consummated. Required Allegations in Information The information must contain dates of [PLO]: a. Commission of Previous crimes b. Last conviction or release c. Other previous convictions or releases. [People v. Venus, G.R. No. 45141 (1936)] NOTES: ● Plea of guilty which fails to allege the dates of the commission of previous offences, convictions, and of releases is not an admission of habitual delinquency, but recidivism. [People v. Masonson, G.R. No. 45249 (1936)] ● Failure to object admission of decision showing dates of previous convictions cures the failure to allege said dates in the information. [People v. Nava, C.A., 58 O.G. 4750] Penalties [REYES, Book 1] Nth Penalty Conviction 3rd

4th

5th and succeeding

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Prescribed penalty on the last crime

Plus prision correccional (med. and max. periods) prision mayor (min. and med. periods) prision mayor (max. period) to reclusion temporal (min. period)

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Limitation: 30 years. In no case shall the total of the 2 penalties imposed upon the offender exceed 30 years

CRIMINAL LAW

The imposition of such additional penalties is mandatory and is not discretionary.

Recidivism v. Reiteraction v. Quasi-Recidivism v. Habitual Delinquency Recidivism/ Reincindencia; Art. 14 (9)

Habituality/ Reiteracion/ Repetition

Habitual Quasi-Recidivism; Art. 160

Delinquency; Art. 62 (5)

Art. 14 (10) As to Nature As to When the Second (2nd) Crime was Committed After conviction of 1st Within 10 years from After conviction of 1st After serving sentence st crime – but before his last release or crime. for the 1 crime serving sentence for conviction the 1st crime, or while serving such sentence As to the Crimes Committed 2nd conviction - for At least 3 Offender has been Offender is convicted an offense embraced convictions are previously punished of: for a 2nd felony. in the same title of required. 1. One (1) offense – to RPC which the law NOTE: 1st crime may attaches equal or be a felony or offense Offender is found greater penalty; or but the 2nd crime must guilty for the 3rd time or oftener of the 2. Two (2) offenses – be a felony. to which the law following crimes [Tattaches lighter FIRE]: penalty 1. Theft 2. Falsification NOTE: Previous and 3. Less serious or subsequent offenses serious physical must NOT be embraced Injuries 4. Robbery in the same title of the RPC. 5. Estafa As to Type of Aggravating Circumstance Special Aggravating Extraordinary Generic Aggravating Circumstance Circumstance Aggravating Circumstance As to Effect on Penalty If not offset by any Same as recidivism but Imposes the An additional penalty mitigating not always an maximum of the shall be imposed circumstance, aggravating penalty for the new increase the penalty circumstance as Court offense, and cannot only to the maximum should exercise be offset by any discretion in favor of the mitigating accused if the previous circumstance offenses of the offender are against property and not directly against persons and applying Page 78 of 286

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Proof of Recidivism It is necessary to allege recidivism in the information and to attach thereto certified copies of the sentences rendered against the accused. The trial court may still give such aggravating circumstance credence if the accused does not object to the presentation. [People v. Molina, G.R. Nos. 134777-78 (2000)]

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habituality would result in a penalty of death [REYES, Book 1] As to Proof/Other Requirements Proof of Habituality Proof of QuasiRequires presentation Recidivism of certified copies of the Requires the sentence rendered presentation of a against the accused certified copy of the except when the sentence convicting defendant pleads guilty an accused. [People to the information v. Gaorana, G.R. Nos. alleging reiteracion. 109138-39 (1998)] [People v. Monterey y Quindoza, G.R. No. 109767 (1996)]

4. Penalties Penalty The suffering that is inflicted by the State for the transgression of a law. [REYES, Book 1] Juridical Condition [REYES, Book 1] Penalty must be: [PCP-LegCEDC] 1. Productive of suffering, without affecting the integrity of the human personality. 2. Commensurate to the offense – different crimes must be punished with different penalties. 3. Personal – no one should be punished for the crime of another. 4. Legal – it is the consequence of a judgment according to law. 5. Certain – no one may escape its effects. 6. Equal for all. 7. Definite – law does not permit any court to impose a sentence in the alternative, its duty being to indicate the penalty imposed definitively and positively. [People v. Mercadejas, C.A., 54 O.G. 5707 and People

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Required Allegations in Information The information must contain dates of [PLO]: 1. Commission of Previous crimes 2. Last conviction or release 3. Other previous convictions or releases. [People v. Venus, G.R. No. 45141 (1936)]

v. Tabije, C.A., 59, O.G. (1992), as cited in REYES, Book 1] 8. Correctional. Three-Fold Purpose of Penalties [REYES, Book 1] 1. Retribution/Expiation – penalty is commensurate with gravity of offense 2. Correction/Reformation – seen in rules regulating the execution of the penalties consisting in the deprivation of liberty 3. Social Defense – seen in its inflexible severity to recidivists and habitual delinquents Constitutional Restriction on Penalties The following are not allowed under Art. III, Sec. 19(1) of the 1987 Constitution: 1. Excessive fines 2. Cruel, degrading and inhumane punishment – when it is so disproportionate to the offense committed so as to shock the moral sense of all reasonable men as to what is right and proper under the circumstances [REYES, Book 1]

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3. Death Penalty, unless Congress provides for it for heinous crimes

a. Imposable Penalties Prescribed vs. Imposable >Penalty vs. Penalty Actually Imposed Penalty Prescribed Imposable Actually Penalty Penalty Imposed As to Definition An initial penalty as a general Penalty after prescription A single fixed the for the penalty (also attending or felonies called a modifying defined straight circumstanc therein penalty) es have which chosen by been consists of a the court appreciated range of period of time. Example: As Applied to homicide One ordinary aggravating 17 years, 4 and no months and Reclusion mitigating 1 day of temporal circumstanc reclusion es: reclusion temporal temporal in its maximum period See: Discussion under “Classification” below for the complete list of imposable penalties.

b. Classification Major Classification 1. Principal Penalties - Those expressly imposed by the court in the judgment of conviction. 2. Accessory Penalties - Those that are deemed included in the imposition of the principal penalties. 3. Subsidiary Penalties - Those imposed in lieu of principal penalties, i.e.,

imprisonment in case of inability to pay the fine. [REYES, Book 1] Either Principal or Accessory The following may be principal or accessory penalties, because they are formed in the two general classes: [REYES, Book 1] 1. Perpetual or temporary absolute disqualification 2. Perpetual or temporary special disqualification (e.g., Arts. 226-228, RPC) 3. Suspension (e.g., Art. 236, RPC) Other Classifications 1. According to Divisibility [REYES, Book 1] Divisible. Those that have fixed duration and can be divided into three periods: minimum, medium, maximum. a. Reclusion temporal b. Prision mayor c. Prision correccional d. Suspension e. Destierro f. Arresto mayor g. Arresto menor Indivisible. Those that have no fixed duration. a. Death b. Reclusion perpetua c. Perpetual absolute/special disqualification d. Public censure 2. According to Subject-Matter a. Corporal - Death. b. Deprivation of freedom - Reclusion, prision, arresto. c. Restriction of freedom - Destierro. d. Deprivation of Rights - Disqualification, suspension. e. Pecuniary - Fine. 3. According to Gravity [Art. 9, 25, and 26, RPC] a. Capital b. Afflictive c. Correctional d. Light

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c. Duration and Effects Scale of Principal Penalties [Art. 25, RPC] 1. Capital Punishment: Death 2. Afflictive Penalties [RP, RT, PAD, TAD, PSD, TSD, PM] a. Reclusion Perpetua, b. Reclusion Temporal, c. Perpetual or Temporary Absolute Disqualification, d. Perpetual or Temporary Special Disqualification, e. Prision Mayor. 3. Correctional Penalties [PC, AM, S, Des] a. Prision Correccional b. Arresto Mayor c. Suspension d. Destierro 4. Light Penalties [Am,Pc] a. Arresto menor b. Public censure

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5. Penalties Common to Preceding Classes [FB] a. Fine b. Bond to keep the peace.

the

Three

Scale of Accessory Penalties [REYES, Book 1] [PAD, TAD, PSD, TSD, S, CI, I, F, Pay] 1. Perpetual or Temporary Absolute Disqualification 2. Perpetual or Temporary Special Disqualification 3. Suspension from public office, the right to vote and be voted for, the profession or calling 4. Civil Interdiction, 5. Indemnification, 6. Forfeiture or confiscation of instruments and proceeds of the offense, 7. Payment of costs

Penalties involving Death/Imprisonment (Deprivation of Freedom) Penalty Duration Accessories Capital Punishment Death Indivisible Death, when not executed due Indivisible 1. Perpetual absolute to pardon or commutation disqualification; and (REPEALED) 2. Civil interdiction for 30 years, if not expressly remitted in the pardon [Art. 40, RPC] Afflictive Penalties Reclusion Perpetua 20 years & 1 day to 40 1. Civil interdiction for life or years (Indivisible) [Art. 27, during the period of the RPC] sentence as the case may be 2. Perpetual Absolute Disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon [Art. 41, RPC] Reclusion Temporal 1. Civil interdiction for life or 12 years & 1 day to 20 during the period of the years [Art. 27, RPC] sentence as the case may be. 2. Perpetual Absolute Disqualification which the Page 81 of 286

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Prision Mayor

Prision Correccional

Arresto Mayor

Arresto Menor

Penalty

Perpetual Absolute Disqualification

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6 years & 1 day to 12 years [Art. 27, RPC]

Correctional Penalties 6 months & 1 day to 6 years [Art. 27, RPC]

1 month & 1 day to 6 months [Art. 27, RPC]

Light Penalties 1 day to 30 days [Art. 27, RPC]

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offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. [Art. 41, RPC] 1. Temporary Absolute Disqualification 2. Perpetual Special Disqualification from the right to suffrage which the offender shall suffer although pardoned as to the principal penalty unless the same shall have been expressly remitted in the pardon. [Art. 42, RPC] 1. Suspension from public office 2. Suspension from the right to follow a profession or calling 3. Perpetual Special Disqualification for the right of suffrage, if the duration of the imprisonment shall exceed 18 months [Art. 43, RPC] 1. Suspension of right to hold office 2. Suspension of the right of suffrage during the term of the sentence [Art. 44, RPC] 1. Suspension of right to hold office 2. Suspension of the right of suffrage during the term of the sentence [Art. 44, RPC]

Penalties involving Deprivation of Rights Duration Effects Afflictive Penalties 1. Deprivation of public office, even if by election 2. Deprivation of right to vote & For life be voted for 3. Disqualification from public office held

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Temporary Absolute Disqualification

6 years & 1 day to 12 years except when disqualification penalty is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty. [Art. 27, RPC]

Perpetual Special Disqualification

For life

Temporary Special Disqualification

6 years & 1 day to 12 years except when disqualification penalty is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty. [Art. 27, RPC]

Suspension

Destierro

Correctional Penalties 6 months & 1 day to 6 years except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty. [Art. 27, RPC] 6 months & 1 day to 6 years [Art. 27, RPC]

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4. Loss of retirement rights [Art. 30, RPC] 1. Deprivation of public office, even if by election 2. Deprivation of right to vote & be voted for during sentence 3. Disqualification from public office held during sentence 4. Loss of retirement rights [Art. 30, RPC] 1. Deprivation of office, employment, profession, or calling affected 2. Disqualification from similar offices or employments [Art. 31, RPC] 3. Right to suffrage (vote in any popular election for public office or be elected to such office) [Art. 32, RPC] 1. Deprivation of office, employment, profession, or calling affected 2. Disqualification from similar offices or employment [Art. 31, RPC] 3. Right to suffrage (vote in any popular election for public office or be elected to such office) [Art. 32, RPC]

1. Public office 2. Profession or calling 3. Suffrage [Art. 33, RPC]

Prohibition to enter w/in 25-250 km radius from the designated place [Art. 87, RPC]

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1. Capital Punishment The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except in the following cases (reclusion perpetua shall be imposed): 1. When the guilty person be more than seventy (70) years of age or below eighteen (18) years of age at the time of the commission of the crime [Art. 47, RPC, as amended by R.A. 9344] 2. When upon appeal or automatic review of the Supreme Court, the required majority vote is not obtained for the imposition of the death penalty. [Art. 47, RPC, as amended by R.A. 9346] Abolition of Death Penalty R.A. 9346 (Act Prohibiting the Imposition of Death Penalty) provides for: 1. Prohibition on death penalty [Sec. 1, R.A. 9346] 2. Repeal of R.A. 8177 (Act Designating Death by Lethal Injection) and R.A. 7659 (Death Penalty Law) [Sec. 1, R.A. 9346] 3. In lieu of death penalty, following shall be imposed: a. Reclusion perpetua - if the law violated uses the RPC’s nomenclature; and b. Life imprisonment - if it does not [Sec. 2, R.A. 9346] Constitutional Prohibition In the constitutional prohibition on death penalty [Art. III, Sec. 19(1), 1987 Constitution], the latter is placed in a “suspensive condition” or in a “state of hibernation.” It is included in the computation of penalty but not imposed. "Death" as used in Art. 71, RPC, shall no longer form part of the equation in the graduation of penalties. For example, the determination of his penalty for attempted rape shall be reckoned not from two degrees lower than death, but two degrees lower than reclusion perpetua. [People v. Bon, G.R. No. 166401 (2006)] Note that the death penalty remains in the RPC; R.A. 9346 merely prohibits its imposition

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Heinous Crimes Remain “Heinous.” Debarring the death penalty through R.A. 9346 did not declassify those crimes previously catalogued as "heinous" (in R.A. 7659). R.A. 9346’s amendments extend only to the application of the death penalty but not to the definition or classification of crimes. It does not serve as a basis for the reduction of civil indemnity and other damages that adhere to heinous crimes. [People v. Bon, supra.] 2. Reclusion Perpetua Duration In R.A. 7659, the penalty of reclusion perpetua is now accorded a defined duration ranging from twenty (20) years and one (1) day to forty (40) years. Indivisibility Reclusion perpetua remains an indivisible penalty despite the duration provided for it. [REYES, Book 1] Considering that it is an indivisible penalty, it is also unnecessary for the court to specify the length of imprisonment [People v. Ramirez, G.R. No. 138261 (2001)]. Life Imprisonment v. Reclusion Perpetua [People v. Ballabare, G.R. No. 108871 (1996)] Cadena Perpetua Reclusion Perpetua (Life imprisonment) As to Offenses Imposed for serious Prescribed under the offenses penalized by RPC special laws As to Accessory Penalties No accessory With accessory penalties penalties As to Duration Entails imprisonment for at least 30 years after which the convict Does not appear to becomes eligible for have any definite pardon although the extent or duration maximum period shall in no case exceed 40 years

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AM No. 15-08-02-SC, in rel. to sec. 3 of R.A. 9346. Conditions Effect Convicted of offense Ineligible for parole punished with or under Indeterminate reduced to reclusion Sentence Law perpetua (ISLAW) When death penalty No need to use qualification of is not warranted “without eligibility for parole” as convicted persons penalized with an indivisible penalty are not eligible for parole When death penalty Must use is warranted, if not qualification “without for R.A. 9346 eligibility for parole” to qualify reclusion perpetua and to emphasize that the accused should have been sentenced to suffer the death penalty if not for R.A. 9346. 3. Destierro Applicability Destierro applies in the following cases: [FICE] 1. In case of Failure to give bond for good behavior [Art. 284, RPC] 2. Serious physical Injuries 3. Penalty of Concubine in concubinage [Art. 334, RPC] 4. Death under Exceptional circumstance [Art. 247, RPC] 5. In cases where after reducing the penalty by one or more degrees, destierro is the proper penalty. [REYES, Book 1] Duration Destierro lasts from 6 months and 1 day to 6 years. [Art. 27, RPC] Nature of Destierro Those sentenced to destierro are not allowed to enter the place/s designated in the sentence

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or within the 25-250 km. radius specified. [Art. 87, RPC] Although destierro does not constitute imprisonment, it is still a deprivation of liberty. Art. 29 of the RPC applies when the penalty is destierro. [People vs. Bastasa, G.R. No. L32792 (1979) as cited in REYES Book 1] Penalties Common to Afflictive, Correctional, and Light Penalties 1. Fines Classification of Penalties [Art. 26, RPC, as amended by Sec. 2, RA 10951] Afflictive More than Php1,200,000 Php40,000 to Correctional Php1,200,000 Light Below Php40,000 Classification of Penalty Art. 26 merely classifies fine and has nothing to do with the definition of offenses. Hence, Art. 9 should prevail over Art. 26 where the prescription of a crime and not the prescription of a penalty is the question. [People v. Yu Hai, G.R. No. L-9598 (1956), cited in REYES, Book 1]. Rules in Fines 1. The court can fix any amount of the fine within the limits established by law but must consider: a. Mitigating and aggravating circumstances b. Wealth or means of the culprit [Art. 66, RPC] 2. When the law does not fix its minimum - the determination of the amount of is left to the sound discretion of the court, provided within the maximum authorized by law. [People v. Quinto, G.R. No. 40934 (1934) as cited in REYES, Book 1] 3. Fines are not divisible Increasing or Reducing Fine Fines are graduated into degrees when imposing them upon accomplices and accessories or in principals in

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frustrated/attempted felonies. [Arts. 50-57, RPC] If it is necessary to increase/reduce the penalty of fine by 1 or more degrees it shall be increased/reduced respectively or each degree by one-fourth (¼) of the maximum prescribed amount by law without changing the minimum. This shall also be observed with fines that are made proportional. [Art. 75, RPC] This does not apply when there is no minimum amount fixed by law, in which case the amount imposed is left to the sound discretion of the courts. [People v. Quinto, G.R. No. L-40934 (1934)] Fine with Minimum vs. Fine Without Maximum [REYES, Book 1] Fine With Fine Without Minimum Minimum As to What Fixes the Maximum In both, the law fixes the maximum of the fine As to the Court Imposing the Minimum The Court cannot The Court can change the impose any amount minimum not exceeding the maximum When Court Also Fixed the Maximum The Court can The Court cannot impose an amount impose an amount higher than the higher than the maximum maximum

b. Light penalties - not more than 30 days for light penalties. [see Art. 35, RPC; REYES, Book 1] Duration The bond to keep the peace shall be required to cover such period of time as the court may determine. [Art. 27, RPC, as amended by R.A. 7659 as cited in REYES, Book 1] Applicability General Rule: Since according to Art. 21 no felony shall be punishable by any penalty not prescribed by law prior to its commission, and bond to keep the peace is not specifically provided for by the Code for any felony, that penalty cannot be imposed by the court. [REYES, Book 1] Exception: Bond to keep the peace is required of a person making a grave or light threat. [Art. 284, RPC as cited in REYES, Book 1] Bond to Keep Peace v. Bail Bond [REYES, Book 1] Bond to Keep the Bail Bond Peace As to Purpose/Applicability Penalty for offense Posted for of grave/light threat provisional release of a person arrested/accused of a crime

2. Bond to Keep Peace Effect of Penalty: [2SDD] 1. Offender must present two (2) sureties who shall undertake that the offender will not commit the offense sought to be prevented and that they will pay a court-determined amount if said offense be committed. 2. Offender must Deposit amount to the clerk of court. 3. Offender must be Detained if he cannot give the bond. a. Grave/less grave felonies - not more than 6 months

Termination of Parental Authority Unless subsequently revived by a final judgment, parental authority also terminates [Art. 229, RPC]: 1. Upon judicial declaration of abandonment of the child in a case filed for the purpose; or 2. Upon final judgment of a competent court divesting the party concerned of parental authority; xxx

d. Application

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When Duration of Penalty Begins [Art. 28, RPC] When Duration of Scenario Penalty Commences When offender is in Duration of prison temporary penalties is from the day on which the judgment of conviction becomes final. Duration of penalty When offender is not in prison consisting of deprivation of liberty is from the day the offender is placed at the disposal of judicial authorities for the enforcement of the penalty. For other penalties From the day on which the offender commences to serve his sentence. When the accused, From the date of the who was in promulgation of the custody, appealed decision of the appellate court. [Ocampo v. CA, G.R. No. L-7469 (1955), cited in REYES, Book 1 at 625] Temporary Penalties If offender is From day on which the judgment of undergoing conviction becomes preventive final, but offender is imprisonment entitled to a deduction of full time or 4/5 of the time of detention [REYES, Book 1] If offender is not From the day on under detention which the offender because offender commences to serve was released on his sentence bail [REYES, Book 1]

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Examples of Temporary Penalties: 1. Temporary absolute disqualification 2. Temporary special disqualification 3. Suspension Examples of penalties deprivation of liberty: 1. Imprisonment 2. Destierro

consisting

in

Preventive Imprisonment The accused undergoes preventive imprisonment when the offense charged is non bailable, or even if bailable, he cannot furnish the required bail [REYES, Book 1]. Its purpose is to prevent the accused from going into hiding [BOADO, Book 1]. Rules in Deducting Period of Preventive Imprisonment [Art. 29, RPC] General Rule: Offenders who underwent preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they were under preventive imprisonment, if they agree voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners. Exceptions: 1. They are recidivists/have been convicted previously twice or more times of any crime; and 2. They failed to surrender voluntarily when summoned for the execution of their sentence. NOTE: Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from 30 years. Other Rules [Art. 29, RPC] Scenario Effect If detention Credited in the prisoner does not service of his agree to abide by sentence with fourthe same fifths (4/5) of the time disciplinary rules during which he has imposed upon undergone preventive

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convicted prisoners If accused’s period of preventive imprisonment is equal to/more than the possible max. imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated

If maximum penalty to which the accused may be sentenced is destierro If penalty imposed after trial is less than the full time or four-fifths of the time of the preventive imprisonment i.

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imprisonment [as amended by R.A. 6127] Released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review [as amended by EO 214, 1988] Exceptions: If the accused is absent without justifiable cause at any stage of the trial, court may motu proprio order the rearrest of the accused. Recidivists, habitual delinquents, escapees and persons charged with heinous crimes are also excluded. Released after thirty (30) days of preventive imprisonment (as amended by EO 214, 1988) Convict should be released immediately [REYES, Book 1]

Subsidiary Imprisonment

Definition It is personal liability to be suffered by the convict who has no property with which to meet the fine at the rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines at the time of the

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rendition of judgment of conviction by the trial court, subject to the rules provided for in Article 39. [REYES, Book 1] Nature It is NOT an accessory penalty. Therefore, the culprit cannot be made to go subsidiary imprisonment unless the judgment expressly so provides. [People v. Fajardo, G.R. No. 43466 (1938), cited in REYES, Book 1] Accordingly, an accused cannot be made to undergo subsidiary imprisonment in case of insolvency to pay the fine imposed upon him when the subsidiary imprisonment is not imposed in the judgment of conviction. [Ramos v. Gonong, G.R. No. L-42010, (1976)] Rules as to Subsidiary Imprisonment [Art. 39, RPC] Penalty Duration of Subsidiary Imposed Imprisonment Shall not exceed 1/3 of the term of the sentence Prisión and shall not continue for correccional more than 1 year. or arresto; and fine Fraction or part of a day not counted. Grave or less grave felony: Shall not exceed 6 months. Fine Only Light felony: Shall not exceed 15 days. Higher than prisión correccional Penalty not to be executed by confinement, but of fixed duration In case financial circumstances of the convict should improve

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No subsidiary imprisonment. Same deprivations as those of the principal penalty, under the same rules as in the first 3 cases above. Convict shall pay the fine, notwithstanding fact that he suffered subsidiary personal liability therefor.

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Not an Alternative A convict—who has property (a) not exempt from execution and (b) sufficient enough to meet the fine—cannot choose to serve the subsidiary penalty. [REYES, Book 1] When Not Applicable 1. When the penalty imposed is higher than prisión correccional [Art. 39, par. 3, RPC] 2. For failure to pay the reparation of the damage caused, indemnification of the consequential damages, and the costs of the proceedings 3. When the penalty imposed is a fine and a penalty not to be executed by confinement in a penal institution and which has no fixed duration NOTE: Subsidiary imprisonment can be imposed for violation of special laws pursuant to Art. 10 of the RPC, which provides that the RPC shall be supplementary to special laws; unless, the special law provides that subsidiary imprisonment shall not be imposed. [Art. 10, RPC; Jao Yu v. People, G.R. No. 134172 (2004)] ii.

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[People v. Yu Lian, CA 40 OG 4205, as cited in REYES, Book 1] Applicability General Rule: Applicable to those sentenced with imprisonment exceeding one (1) year. • Application of the law is based on the penalty actually imposed. Hence, in a case where the court imposes a penalty of prisión correccional minimum (6 months and 1 day), ISLAW does not apply [People v. Moises, G.R. No. L-32495 (1975), cited in REYES, Book 1] Exceptions: 1. Not applicable when unfavorable to the accused [People v. Nang Kay, 88 Phil. 515, 519 as cited in REYES, Book 1] 2. The following are excluded from coverage: [Sec. 2, ISLAW] [PH LENDS TRES TVJ] a. Convicted of Piracy b. Habitual delinquents (but applies to recidivists). c. Convicted of offenses punished with death penalty or Life imprisonment. However, when there are two mitigating circumstances, despite the offense being punishable by reclusion temporal to death, ISLAW applies. [People v. Roque, 90 Phil 142, 146 (1951), as cited in REYES, Book 1]

Indeterminate Sentence Law (R.A. 4103, as amended by Act No. 4225)

Purpose The law is intended to favor the defendant, particularly to shorten his term of imprisonment, depending upon his behavior and his physical, mental and moral record as a prisoner, to be determined by the Board of Indeterminate Sentence. Why “Indeterminate Sentence” After serving the minimum, the convict may be released on parole, OR if he is not fitted for release, he shall continue serving his sentence until the end of the maximum [REYES, Book 1] Mandatory Application of ISLAW is mandatory because the law employs the phrases “convicts shall be sentenced” and “the court shall sentence the accused to an indeterminate sentence.”

d. Those who shall have escaped from confinement or Evaded service of sentence e. Those whose maximum term of imprisonment does Not exceed one year. f. Those sentenced to the penalty of Destierro or Suspension. g. Convicted of misprision of Treason, Rebellion, Espionage, Sedition. h. Convicted of Treason, conspiracy or proposal to commit treason i. Those who Violated the terms of conditional pardon granted to them by the Chief Executive

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j. Those who had been sentenced by final Judgment at the time of the approval of this law. >

adopts the technical nomenclature and signification of penalties under RPC, indeterminate sentence is based on rule intended for crimes punishable by RPC. [Imbo v. People, G.R. No. 197712 (2015)]

NOTE: ISLAW was approved on June 19, 1965 Maximum and Minimum Terms Law Maximum Minimum Term Term Penalty which Court’s could be discretion, properly provided that the imposed under minimum term is the rules of the anywhere within RPC, in view of the range of the the attending penalty next circumstances. lower to that prescribed by the RPC for the Basis: offense, without Imposable RPC regard to its 3 penalty (after periods. [Sec. 1, considering ISLAW] mitigating or aggravating circumstances) Basis: [Sec. 1, ISLAW] Prescribed penalty, not the imposable penalty. [People v. Temporada, supra] Maximum term Minimum term shall not shall not be less exceed the than minimum maximum fixed specified by the by the special law. law. [Sec. 1, ISLAW] Exception: When the special law Speci adopts the Presence of al technical attending Law nomenclature circumstances and signification does not affect of penalties the imposition under RPC, of the penalty. indeterminate sentence is Exception: based on rule When the intended for special law

crimes punishable by RPC. [Imbo v. People, supra]

Other modifying circumstances outside of Arts. 13 and 14 of the RPC are to be treated as attending circumstances for purposes of computing the maximum term under ISLAW. [People v. Temporada, supra] Factors in Fixing Minimum Penalty [People v. Ducosin, 59 Phil 109, 118 (1933)] 1. Criminal as an individual a. Age of the criminal b. General health and physical conditions c. Mentality, heredity and personal habits d. Previous conduct, environment, mode of life, and criminal record e. Previous education (intellectual & moral) f. Proclivities and aptitudes for usefulness or injury to society g. Demeanor during trial and attitude with regard to the crime committed h. Gravity of the offense 2. Criminal as a member of society a. Relationship toward his dependents, family and associates, and their relationship with him b. Relationship towards society at large and the State Rules in Authorizing Prisoner to be Released on Parole 1. Whenever the prisoner shall have served the minimum penalty imposed on him, and it shall appear to the Board of Indeterminate Sentence that such prisoner is fitted for

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release, the Board may authorize his release on parole, upon terms and conditions as may be prescribed. 2. Whenever the prisoner on parole during the period of surveillance violates any of the conditions, Board may issue an order for his arrest where the prisoner shall serve the unexpired portion of the maximum sentence. [Secs. 6 and 8, R.A. 4103, as amended by Act No. 4225] 3. Even if the prisoner has already served the minimum, but he is not fitted for release on parole, he shall continue to serve imprisonment until the end of the maximum. [REYES, Book 1]

(principal, accomplice, accessory) [Art. 61, RPC] 3. Privileged Mitigating circumstance alleged in the Information [Arts. 68 and 69, RPC] 4. Qualifying circumstance alleged in the Information

See: End of section on “Graduation of Penalties” for comprehensive illustrations applying rules on graduation of penalties and ISLAW.

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and Indivisible (except if privileged mitigating) 2. In felonies through Negligence [Art. 365, RPC] 3. When the penalty is only a Fine imposed by an ordinance [People v. Kuan, G.R. No. L48515 (1942)] 4. When the penalties are prescribed by Special laws [REYES, Book 1]

e. Graduation of Penalties Degree v. Period Degree

Period Definition One entire penalty; One of three equal one whole penalty or portions, called one unit of the minimum, medium penalties and maximum, of a enumerated in the divisible penalty. graduated scales provided for in Art. 71 [ESTRADA, Book 1] How Affected Graduation of General Rule: penalties by degrees Graduation by considers the periods considers following: [SP-MCthe ordinary QC] aggravating and mitigating 1. Stages of circumstances. execution [RPC, Art. 64] (consummated, frustrated, Exceptions: attempted) [Art. [SINFiS] 61, RPC] 1. When the 2. Extent of penalty is Single Participation

Indivisible Penalties: [DeRPP] 1. Death 2. Reclusion Perpetua 3. Public censure Divisible Penalties: [Ret-PriMaCo-AMaMeD] 1. Reclusion Temporal 2. Prision Mayor 3. Prision Correccional 4. Arresto Mayor 5. Destierro 6. Arresto Menor [REYES, Book 1] Imposition of Penalty Rule: Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as applicable to the consummated felony [Art. 46, RPC].

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Degrees Imposable Consum mated Principal 0 Accompl 1 ice Accesso 2 ry

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Frustra ted 1 2

Attempt ed 2 3

3

4

“0” represents the penalty prescribed by law in defining a crime, which is to be imposed on the PRINCIPAL in a CONSUMMATED OFFENSE, in accordance with the provisions of Art. 46. The other figures represent the degrees to which the penalty must be lowered, according to the stage of execution and extent of participation of the accused. Exceptions: Arts. 50 to 57 shall not apply to cases where the law expressly prescribes the penalty for frustrated or attempted felony, or to be imposed upon accomplices or accessories. [Art. 60, RPC] Accomplice Punished as Principal 1. The ascendants, guardians, curators, teachers and any person who, by abuse of authority or confidential relationship, shall cooperate as accomplices in the crimes of rape, acts of lasciviousness, seduction, corruption of minors, white slave trade or abduction [Art. 346, RPC] 2. One who furnished the place for the perpetration of the crime of slight illegal detention [Art. 268, RPC] Accessory Punished: 1. As Principal: a. Knowingly concealing certain evil practices enumerated in Art. 142 b. Obstruction of justice — See discussion under accomplices. 2. With a Penalty One Degree Lower: a. Knowingly using counterfeited seal or forged signature or stamp of the President. [Art. 162, RPC] b. Illegal possession and use of a false treasury or bank note. [Art. 168, RPC] c. Using falsified document. [Art. 173, par.3, RPC]

d. Using falsified dispatch. [Art. 173, par. 2, RPC] Rules for Graduating Penalties by Degree Next Lower Scenario Degree The penalty that follows the When the penalty single and Art. is single and indivisible 61(1) indivisible penalty in Art. 71 Reclusion Reclusion e.g. Perpetua Temporal When the penalty Penalty that is composed of follows the Art. two indivisible lesser of the 61(2) penalties two in Art. 71 Reclusion Reclusion e.g. Perpetua to Temporal Death The penalty Penalty is immediately composed of one following the or more divisible Art. lesser of the penalties to be 61(2) divisible imposed to their penalties in art. full extent 71 Prision e.g. Correccional to Arresto Mayor Prision Mayor The medium and minimum Penalty is period of the composed of two divisible indivisible penalty and the Art. penalties and the maximum of 61(3) maximum period the of a divisible immediately penalty following penalty Prision Mayor Reclusion in its maximum Temporal in its e.g. to Reclusion maximum period Temporal in its to Death medium

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Art. 61(3)

e.g.

Art. 61 (4&5)

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The medium and minimum When the penalty period of the is composed of divisible one indivisible penalty and the penalty and the maximum of maximum period that of a divisible immediately penalty following penalty Reclusion Prision Mayor Temporal in its in its maximum maximum period to Reclusion to Reclusion Temporal in its Perpetua medium Penalty prescribed by Penalty RPC consists in 3 consisting in periods, the 3 periods corresponding to down in the different divisible scale penalties Penalty Penalty consisting in prescribed by the 2 periods RPC consists in 2 down in the periods scale Penalty Next period prescribed by down in the RPC consists in 1 scale period

Effect of Mitigating and Aggravating Circumstances in Application of the Rules for Graduating Penalties. The penalty prescribed by the RPC for the crime is the basis, without regard to the mitigating or aggravating circumstances which attended the commission of the crime. It is only after the penalty next lower in degree is already determined that mitigating/aggravating circumstances should be considered. [REYES, Book 1] Privileged Mitigating Circumstance Those rules also apply in lowering the penalty by one or two degrees by reason of the presence of privileged mitigating circumstance [Arts. 68 and 69], or when the penalty is divisible and there are two or more mitigating

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circumstances (generic) and no aggravating circumstance [Art. 64]. Effects of Mitigating or Aggravating Circumstances [Art. 62, RPC] Circumstance Effect Increase the penalty Aggravating without exceeding the Circumstance maximum provided by law Mitigating Diminish the penalty Circumstance Increases the penalty because of recidivism, Habitual which is generally implied Delinquency in habitual delinquency. Also imposes an additional penalty. Rules for Graduation of Periods When penalty is: 1. Single Indivisible: Shall be applied regardless of any mitigating or aggravating circumstances. [Art. 63, RPC] 2. Two indivisible penalties [Art. 63, RPC] Scenario 1 AC; No MC No MC; No AC 1 MC; No AC 2 or more MC; No AC

Both present

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Effect Greater penalty Lesser penalty Lesser penalty Lesser penalty. Penalty cannot be lowered by one degree no matter how many MCs are present. [People v. Formigones, G.R. No. L-3246 (1950), cited in REYES, Book 1] Exception: Privileged mitigating circumstance under Art. 68 or 69 is present. [People v. Galang, G.R. No. 70713 (1989), cited in Reyes, Book 1] Offset

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3. Composed of Three Periods

=

Rules for the Application of Penalties Containing Three Periods [Art. 64, RPC] Scenario Effect No AC; No Imposed in its medium MC period. 1 MC; No AC Imposed in its minimum period. 1 AC; No MC Imposed in its maximum period. Both MC and Court shall reasonably AC present offset those of one class against the other according to their relative weight. 2 or more Penalty next lower in degree to that prescribed MC; No AC by law, in the period that it may deem applicable, according to the number and nature of such circumstances [RPC, Art. 64] 2 or more Imposed in its maximum AC; No MC period. NOTE: In imposing the maximum period, the Court must specify its justification for so imposing. By not specifying the justification for imposing the ceiling of the period of the imposable penalty, the fixing of the indeterminate sentence became arbitrary, or whimsical, or capricious [Ladines v. People, G.R. No. 167333 (2016)].

2. For the minima and maxima of the minimum, medium, and maximum periods, use the following formulae: Minimum

Min. Perio d Med. Perio d Max. Perio d

Illustration If prescribed penalty for a felony is prision mayor, which ranges from 6 years (minimum of prescribed penalty) and 1 day to 12 years (maximum of the prescribed penalty). Then:

Maximum

!"#"!$! &' !"#"!$! &' 3 4 ()*+,)"-*. (*#/0 ()*+,)"-*. (*#/012 +6 !"#"!$! &' !"#"!$! &' ()*+,)"-*. (*#/01 7()*+,)"-*. (*#/012 : +6 −9 ./2 +;6 !"#"!$! &' !"#"!$! &' ()*+,)"-*. (*#/01 7()*+,)"-*. (*#/012 : +;6 −9 ./2 +<6

Using the example of prision mayor, with X = 2 years as computed in Step 1, and applying these numbers to the formulae in the above table, we have: Minimum

Maximum

Min. Period

= 2*/)+ /#. 9 ./2

Med. Period

= 2*/)+ /#. 9 ./2 +(; 2*/)+) = 2*/)+ /#. 9 ./2 +;(; 2*/)+)

(= 2*/)+ /#. 9 ./2 − 9 ./2 ) + ; 2*/)+ (= 2*/)+ /#. 9 ./2 − 9 ./2 ) + ;(; 2*/)+) (= 2*/)+ /#. 9 ./2 − 9 ./2 ) + <(; 2*/)+)

Max. Period

4. Not Composed of Three Periods 1. Let X be X = (maximum of prescribed penalty (minimum of prescribed penalty - 1 day))/3

"# %&'() − (, %&'() '-. " .'% − " .'%) 0 "#%&'() − (, %&'()) = 0 1 = # %&'()

Which can be simplified as: Minimum Maximum Min. , %&'() '-. " .'% 2 %&'() Period 2 %&'() '-. " .'% "3 %&'() Med. Period Max. "3 %&'() '-. " .'% "# %&'() Period 3. To check if the computation is correct, the maximum of the maximum period (as computed in Step 2) should be equal to the maximum of the prescribed penalty.

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Maximum of the max. period in Step 2 = 12 years Maximum of prision mayor = 12 years

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Illustrations Applying Rules on Graduating Periods and ISLAW

Other Rules in Application of Penalties

1. Indeterminate sentence, when there are privileged mitigating and ordinary mitigating circumstances.

1. Incomplete Accident a. If guilty of grave felony: Arresto mayor in its maximum period to prision correccional in its minimum period b. If guilty of less grave felony: Arresto mayor in its minimum and medium periods [Art. 67, RPC]

Facts: • Penalty prescribed in RPC: Reclusion temporal in its maximum period to death • Privileged MC: Minority • Ordinary MC: Plea of guilty

2. Incomplete Exemption or Justification a. When deed is not wholly excusable by reason of lack of some conditions required for exempting or justifying circumstances – a penalty lower by one or two degrees shall be imposed, provided that majority of the conditions are present. [Art. 69, RPC] b. When the exempting circumstance has only two (2) requisites - the presence of one element is sufficient [REYES, Book 1] c. Incomplete justification is a privileged mitigating circumstance (it cannot be offset by aggravating circumstances). [People v. Ulep, supra.] 3. Incomplete Self-Defense, Defense of Relatives and Strangers a. Unlawful Aggression - should always be present to be appreciated as a mitigating circumstance. [U.S. vs. Navarro, 7 Phil. 713, as cited in REYES, Book 1] b. Ordinary mitigating circumstance - if only unlawful aggression is present. c. Privileged mitigating circumstance - if two of the three requisites are present [People v. Oanis, G.R. No. L-47722 (1943) as cited in REYES, Book 1]

Rule Applying first the privileged MC, lower first the penalty prescribed by the RPC for the offense by one degree using the scale in Art. 71. Make the penalty next lower as the starting point for determining the minimum of the indeterminate penalty. Determine the minimum term by lowering the penalty made the starting point another degree lower. Determine the maximum term by imposing in the proper period the penalty made the starting point, applying the ordinary MC. [REYES, Book 1]

4. Impossible Crimes - The penalty for persons who committed impossible crimes [Art. 4(2), RPC] is arresto mayor or a fine (Php200 – 500). [Art. 59, RPC] Page 95 of 286

As Applied Starting point: Prisión mayor in its maximum period to reclusion temporal in its medium period.

Minimum term: Prisión correccional maximum to prisión mayor in its medium period.

Maximum term: Prisión mayor in its maximum period

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2. Other Illustrations Maximum Scenario Term No MC; No Imposed in its AC [Art. 64, medium par. 1] period.

1 ordinary MC; No AC [Art. 64, par. 2]

Imposed in its minimum period.

1 AC; No MC [Art. 64, par. 3]

Imposed in its maximum period

Both MC and AC present [Art. 64, par. 4]

MC and AC shall be offset.

Complex crime

Penalty is next lower by two degrees than that prescribed by law for the crime threatened and there is 1 AC (grave threats) [Art. 282]

Penalty for the more serious offense imposed in its maximum period. Penalty two degrees lower than that prescribed by law. Imposed in its maximum period.

Minimum Term Anywhere within the range of the penalty next lower to the prescribed penalty. Anywhere within the range of the penalty next lower to the prescribed penalty. Anywhere within the range of the penalty next lower to the prescribed penalty. Anywhere within the range of the penalty next lower to the prescribed penalty. Anywhere within the range of the penalty next lower to the prescribed penalty. Anywhere within the range of the penalty next lower to the prescribed penalty.

Complex crime; 2 MC; No AC [Arts. 48 and 64, par. 5]

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Degree next lower to that provided by RPC for the more serious offense. Imposed in its maximum period.

Privileged MC and ordinary MC both present

2 privileged MC and 1 ordinary MC

Incomplete defense; No MC; No AC

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Degree next lower to the penalty prescribed by RPC. Imposed in its minimum period. Penalty of two degrees next lower to the penalty. Imposed in its minimum period. One or two degrees lower than prescribed penalty

Degree next lower to the degree of the maximum term. Note: When there is a privileged mitigating circumstance, the starting point in determining the minimum term shall not be the penalty prescribed by the RPC but the penalty next lower in degree to the prescribed penalty. This is the exception to the general rule. Degree next lower to the degree of the maximum term.

One degree lower than the penalty of the maximum term, regardless of its period. Degree next lower to maximum term

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f. Accessory Penalties a. Perpetual or Temporary Absolute Disqualification Effects [DOVDOP] [Art. 30, RPC] 1. Deprivation of any public Office or employment of offender; even if by election. 2. Deprivation of the right to Vote in any election or to be voted upon; 3. Disqualification for the Offices or public employments and for the exercise of any of the rights mentioned. 4. Loss of rights to retirement pay or Pension. Duration 1. Perpetual Absolute Disqualification during the lifetime of the convict and even after the service of the sentence. [REYES, Book 1] 2. Temporary Absolute Disqualification during the term of the sentence, except as to: a. Deprivation of the public office or employment; and b. Loss of all rights to retirement pay or other pension for any office formerly held. [Art. 30, par. 3, RPC] Additional Penalty for Certain Accessories Accessories falling within Art. 19(3) of the RPC who act with abuse of their public functions, harbored, concealed, or assisted in the escape of the principal of the crime shall suffer the additional penalty: 1. Perpetual absolute disqualification – for grave felonies 2. Temporary absolute disqualification – for less grave felonies

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For Exercise of Right to suffrage [Art. 32, RPC.] 1. Deprivation of the right to vote in any election for popular office; and 2. Deprivation of right to be elected in such office No Denial of Right It is presumed those convicted of a felony are unfit to exercise the privilege of suffrage or to hold office. The exclusion must for this reason be adjudged a mere disqualification, imposed for protection and not for punishment, the withholding of a privilege and not the denial of a personal right. [People v. Corral, G.R. No. L42300 (1936), as cited in REYES, Book 1] Duration 1. Perpetual Disqualification or Suspension – perpetually [REYES, Book 1] 2. Temporary Disqualification or Suspension - if imposed as an accessory penalty, the duration is the same as that of the principal penalty. [Art. 30, par. 3(2), RPC] c. Suspension from Public Office, the Right to Vote and be Voted for, the Right to Practice a Profession or Calling Effects Involves disqualification from: [Art. 33, RPC] 1. Holding such office and holding another office having similar functions during the period of suspension 2. Exercising such profession 3. Exercising right of suffrage Duration Term of the sentence. [Art. 33, RPC]

b. Perpetual or Temporary Special Disqualification

d. Civil Interdiction

For Public Office, Profession or Calling [Art. 31, RPC] 1. Deprivation of the office, employment, profession or calling affected; and 2. Disqualification for holding similar offices or employments during the period of disqualification.

Effects [Art. 34, RPC] Deprivation of the following rights: [PAG-MAMAP] 1. Parental Authority 2. Guardianship over the ward, either as to the person or property of any ward 3. Marital Authority

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4. Right to MAnage Property and to dispose of the same by acts inter vivos. NOTE: Convict can still dispose of his property mortis causa). [REYES, Book 1] Other Effects under the Civil Code: 1. Offer given by the convict before acceptance is conveyed shall become ineffective [Art. 1323, NCC] 2. Dissolution [of partnership] is caused: (7) By the civil interdiction of any partner; [Art. 1830, NCC] 3. Civil interdiction of a general partner dissolves the partnership, unless the business is continued by the remaining general partners: a. Under a right so to do stated in the certificate, or b. With the consent of all members. [Art. 1860, NCC] 4. Agency is extinguished: (3) By the [xxx] civil interdiction [xxx] of the agent [Art. 1919, NCC] e. Indemnification or Confiscation of Instruments or Proceeds of the Offense Generally Effects Forfeiture in favor of the Government of the proceeds of the crime and the instruments or tools with which it was committed. [REYES, Book 1] Rules: [Reyes, Book 1] 1. Every penalty imposed carries with it the forfeiture of the proceeds of the crime and the instruments or tools used in the commission of the crime. 2. Proceeds and instruments or tools of the crime are confiscated and forfeited in favor of the Government. 3. Property of a third person not liable for the offense, is not subject to confiscation and forfeiture. 4. Property not subject of lawful commerce (whether it belongs to the accused or to third person) shall be destroyed.

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Forfeiture as Additional Penalty When the proceeds or instruments of the crime are not confiscated prior to the final judgment of sentence, the court cannot modify, alter or change the sentence to confiscate such. [U.S. v. Hart, 24 Phil. 578, 581-582, cited in REYES, Book 1] It is an additional penalty, and amounts to an increase of the penalty already imposed, placing the accused in double jeopardy [People v. Sanchez, G.R. No. L-9768 (1957), cited in REYES, Book 1] SPECIAL LAWS PROVIDING FOR CONFISCATION OF PROPERTY An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been Unlawfully Acquired by Any Public Officer or Employee and Providing for the Proceedings Therefor [RA No. 1379] If the public officer is unable to show that the property in question was lawfully acquired, the court shall declare this property forfeited in favor of the State. Such judgment may not be rendered within six months before any general election, nor three months before any special election. [Sec. 6, R.A. 1379] Plunder Law [RA No. 7080] The Court shall declare any and all ill-gotten wealth and their interests and other income and assets including the properties and shares of stocks derived from the deposit or investment thereof, forfeited in favor of the State. [Sec. 2, R.A. 7080] Anti-Graft and Corrupt Practices Act [RA No. 3019] Any prohibited interest or unexplained wealth out of proportion to the offender’s lawful income, shall be forfeited or confiscated in favor of the State. [Sec. 9, R.A. 3019] Comprehensive Dangerous Drugs Act of 2002, as amended [RA No. 9165] All equipment and paraphernalia used for the production of illegal drugs shall be confiscated and forfeited in favor of the government.

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After conviction in the RTC, the Court shall immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense. However, during the proceedings before the RTC, no property or income may be forfeited or confiscated. [Sec. 20, R.A. 9165] 2016 Revised Implementing Rules and Regulations of R.A. 9160, or the Anti-Money Laundering Act, as amended. Monetary instruments or property that are the proceeds of money laundering shall be forfeited in favor of the Government. If this cannot be enforced, the court may order the offender to pay an amount equal to the value of the monetary instrument or property. [Rule XII] f. Payment of Costs Effects 1. If the accused is convicted - costs may be charged against him. 2. If the accused is acquitted – costs are de officio, i.e., each party will bear his/her own expense. [REYES, Book 1]

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Fixed or otherwise Costs may be fixed amounts already determined by law or regulations or amounts subject to a schedule. Whether costs should be assessed against the accused lie within the discretion of the court. The Government may request the court to assess costs against the accused, but not as a right. [REYES, Book 1] Order of Payment The civil liabilities of a person found guilty of two or more offenses shall be satisfied by following the chronological order of the dates of the judgments rendered against him. [Art. 72, RPC] Applicable in case the property of the offender is not sufficient to pay all his pecuniary liabilities. The order of payment being [Art. 39, RPC]: [RIFC] 1. Reparation of the damage caused 2. Indemnification of consequential damages 3. Fine 4. Costs of the proceedings

5. Execution and Service of Penalties Execution of Penalties

Exclusion Not allowed against the Republic of the Philippines. [Rule 142, Sec. 1, ROC] and [REYES, Book 1] What are Included 1. Fees, and 2. Indemnities, in the course of judicial proceedings. [Art. 37, RPC] Expenses of Litigation Costs of suit are the expenses of litigation allowed and regulated by the Rules of Court to be assessed against or to be recovered by a party in litigation. [People v. Bergante, et. al., G.R. No. 12036970 (1998) as cited in REYES, Book 1]

When and How a Penalty is to Be Executed 1. No penalty shall be executed except by final judgment 2. Penalties cannot be executed in a form or any circumstances/incidents other than that prescribed or authorized by law 3. The law and the special regulations of institutions in which penalties are to be suffered shall be observed with regard to the character of work, time of performance, other incidents connected therewith, relationships of convicts to others, relief they may receive, and their diet 4. Regulations shall provide for: a. Separation of the sexes in different institutions/departments b. Correction and reform of convicts [Art. 78, RPC]

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When Judgment Becomes Final General Rule: No penalty shall be executed except by virtue of a final judgment. [Art. 78, RPC] A judgment becomes final after the lapse of the period for perfecting an appeal. [Rule 120, Sec. 7, ROC] Exception: If the defendant has expressly waived in writing his right to appeal or when accused applied for probation. [Rule 120, Sec. 7, ROC] Place of Execution of Sentence Penalty Place Reclusion In the places and perpetua, reclusion penal temporal, prision establishments mayor, prision provided by the correccional Administrative Code and arresto mayor or by law. [Art. 86, RPC] Arresto menor Either in: 1. Municipal jail; or 2. House of the defendant under the surveillance of an officer of the law, when the court so provides, taking into consideration the health of the offender and other satisfactory reasons [Art. 88, RPC] Destierro Not allowed to enter the place/s designated in the sentence nor within the 25-250 km. radius specified. [Art. 87, RPC] Simultaneous Service of Sentence General Rule: When the culprit has to serve 2 or more penalties, he shall serve them simultaneously.

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Exception: If the nature of the penalties (e.g. deprivation of liberty) does not permit simultaneous service, the order of their respective severity shall be followed. [Art. 70, RPC] Deprivation of Liberty Penalties consisting in deprivation of liberty cannot be served simultaneously by reason of the nature of such penalties. [In re: Pete Lagran, G.R. No. 147270 (2001)] What can be simultaneously served with one another [DDDDS Bond Fine in CCP] 1. Perpetual absolute Disqualification 2. Perpetual special Disqualification 3. Temporary absolute Disqualification 4. Temporary special Disqualification 5. Destierro 6. Suspension 7. Bond to keep the peace and Fine 8. Civil interdiction 9. Confiscation and payment of costs 10. Public censure [REYES, Book 1] All of the above can be served simultaneously with imprisonment, except destierro. [REYES, Book 1]

a. Three-Fold Rule Three-Fold Rule [3-40] [Art. 70, RPC] 1. Maximum duration of convict’s sentence: Shall not be more than three (3) times the length of time corresponding to the most severe penalty imposed upon him. 2. Limitation of maximum period: Period shall in no case exceed forty (40) years. 3. Effect if total imposed sentence is more than the maximum allowed: No other penalty shall be inflicted after the sum total of those imposed equals the same maximum period. NOTE: Three-fold rule applies although the penalties were imposed for different crimes, at different times, and under separate informations [Torres vs. Superintendent, G.R. No. 40373 (1933)]

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Basis of Duration of Penalties 1. Duration of perpetual penalties (pena perpetua) - shall be computed at thirty (30) years. [Art. 70, RPC] 2. Duration of the sentence refers to several penalties for different offenses not yet served out, but only when the convict must serve continuous imprisonment for several offenses a. If sentence for one offense was already served, that imprisonment will not be considered for the purpose of the threefold rule if after release he commits again and is convicted of new offenses. b. Only penalties not yet served out can be served simultaneously. [REYES, Book 1] 3. If sentence is indeterminate, basis of duration is the maximum term of the sentence. [People v. Desierto, C.A., 45 O.G. 4532, cited in REYES, Book 1] 4. “The most severe penalty” – includes equal penalties, such as when sentenced to multiple cases of the same offense [Aspra v. Dir. of Prisons, 85 Phil. 737, 738, cited in REYES, Book 1] Applicability of Rule This rule only applies when the convict has to serve at least four (4) sentences and cannot exceed three-fold the most severe. If only 2 or 3 penalties corresponding to different crimes committed by the convict are imposed, it is not possible to apply the three-fold rule [REYES, Book 1]. Subsidiary Imprisonment The three-fold rule does not preclude subsidiary imprisonment for failure to pay a fine, provided that the principal penalty does not exceed 6 years. The provision of Art. 70 that "no other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the said maximum period," only means that the convict shall not serve the excess over the maximum of three-fold the most severe penalty. Illustration: “B” was found guilty in 17 criminal cases, the most severe penalty imposed was 6 months

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and 1 day, plus a fine of PI,000, with subsidiary imprisonment in case of insolvency. After serving 18 months and 3 days in prison, B filed a petition for habeas corpus, contending that applying the three-fold rule, he cannot be made to serve more time. In deciding the case, the SC ruled that the subsidiary imprisonment for nonpayment of the fine cannot be eliminated so long as the principal penalty is not higher than 6 years of imprisonment even if he already served three-fold of the most severe penalty. Applying said rule, if petitioner would not be able to pay the fine, the maximum duration of his imprisonment shall be 18 months and 3 days of the principal penalty plus 6 months and 1 day of subsidiary imprisonment for failure to pay the fine, or a total of 2 years and 4 days. [Bagtas vs. Director of Prisons, 84 Phil. 692, 698 (1949)] Not “Imposition of Penalty,” but “Service” Court must impose all the penalties for all the crimes of which the accused is found guilty, but in the service of the same, they shall not exceed three times the most severe and shall not exceed 40 years – three fold maximum penalty. [Mejorada v. Sandiganbayan, G.R. Nos. L-51065-72 (1987)]

b. Probation Law [P.D. 968, amended by R.A. 10707]

as

Definition of Terms [Sec. 3, P.D. 986] 1. Probation – a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer. 2. Probationer – person placed on probation 3. Probation officer – one who investigates for the court a referral for probation or supervises a probationer or both. Nature Probation Law is not a penal statute. Courts have no authority to invoke a liberal interpretation of it in this case as its words leave no room for doubt or interpretation.

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[Llamado v. CA and Gaw, G.R. No. 84850 (1989)] Probation is not a right but a privilege subject to the discretion of the court. The discretion is exercised primarily for the benefit of society as a whole and only secondarily for the personal advantage of the accused. [Amandy v. People, G.R. No. L-76258 (1988)] a. Applicability Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. May be extended to children in conflict with the law After convicting and sentencing a child in conflict with the law, and upon application at any time, the court may place the child on probation in lieu of service of his/her sentence in account of his/her best interest. As such Sec. 4, P.D. 968 is amended accordingly. [Sec. 42, R.A. 9344] Disqualified Offenders 1. Those sentenced to serve a max. term of more than six (6) years. [Sec. 9(a), P.D. 968] 2. Crimes against national security convicts [Sec. 9(b), P.D. 968] 3. Those previously convicted by final judgement of an offense punished by imprisonment of more than six (6) months and one (1) day and/or fine of more than one hundred thousand pesos (P1,000.00) [Sec. 9(c), P.D. 968] 4. Those who have been once in probation under this Decree [Sec. 9(d), P.D. 968] 5. Those who are already serving sentence at the time the substance provisions of this Decree became applicable pursuant to Section 33 hereof [Sec. 9(e), P.D. 968] 6. Drug trafficker and pushers, regardless of penalty imposed by court, cannot avail of Probation Law privileges, as amended by the Comprehensive Dangerous Drugs Act of 2002. [Sec. 24. R.A. 9165]

b. Grant, Manner and Conditions [Sec. 4, R.A. 10707] 1. Application for Probation - defendant must file an application for probation within the period for appeal. Effect of filing of application – deemed as waiver of the right to appeal. 2. Application shall not be entertained or granted – if defendant has perfected the appeal from the judgment of conviction. Exception: When a judgment of conviction imposing a non-probationable penalty is appealed/reviewed and modified to a probationable penalty, the defendant shall be allowed to apply for probation based on the modified decision before it becomes final. Note: Accused shall lose the benefit of probation should he seek a review of the modified decision which already imposes a probationable penalty. 3. Filing of application based on modified decision – application shall be filed in the trial court where the judgment imposing a non-probationable penalty was rendered or where such case has been re-raffled. 4. If several defendants have taken further appeal –other defendants may apply for probation by submitting a written application and attaching thereto a certified true copy of the judgment of conviction. Dimakuta Doctrine (Rules on Appeals) Appeal must be limited to the following grounds: 1. Appeal merely intended for the correction of the penalty imposed by the lower court, which when corrected would entitle the accused to apply for probation; and 2. Appeal is merely intended to review the crime for which the accused was convicted and that the accused should only be liable to the lesser offense which is necessarily included in the crime for which he was

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originally convicted and the proper penalty imposable is within the probationable period. [Dimakuta v. People, G.R. No. 206513 (2015)] What Must be Averred in the Notice of Appeal 1. That an earlier motion for reconsideration was filed but was denied by the trial court; 2. That the appeal is only for reviewing the penalty imposed by the lower court or the conviction should only be for a lesser crime necessarily included in the crime charged in the information; and 3. That the accused-appellant is not seeking acquittal of the conviction. [Dimakuta v. People, G.R. No. 206513 (2015)] When Appeal Bars Grant of Probation 1. When the accused is convicted by the trial court of a crime where the penalty imposed is within the probationable period or a fine, and the accused files a notice of appeal; and 2. When the accused files a notice of appeal which puts the merits of his conviction in issue, even if there is an alternative prayer for the correction of the penalty imposed by the trial court or for a conviction to a lesser crime, which is necessarily included in the crime in which he was convicted where the penalty is within the probationable period. [Dimakuta v. People, G.R. No. 206513 (2015)] NOTE: The Dimakuta decision was issued on October 2015, but R.A. 10707—which amended the Probation Law—was signed into law on November 2015. c. Grant of Probation Discretion of the Court Even if a convicted person falls within the classes of those qualified for probation, the grant of probation is not automatic or ministerial. [Amandy vs. People, G.R. No. L76258 (1988), as cited in REYES, Book 1]

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An order placing defendant on "probation" is not a "sentence" but is rather in effect, a suspension of the imposition of sentence. It is not a final judgment but is rather an "interlocutory judgment." [Baclayon v. Mutia, G.R. No. L-59298 (1984) as cited in REYES, Book 1] Criteria for Grant of Probation [Sec. 8, P.D. 968] The following should be considered in deciding to place an offender under probation: [AMChEAP] 1. Available institutional and community resources 2. Mental condition of the offender 3. Character, 4. Antecedent, 5. Environment, 6. Physical condition of the offender Reasons for Denying Probation [Sec. 8, P.D. 968] 1. The offender is in need of correctional treatment best provided thru commitment to an institution 2. There is undue risk that the offender will commit another offense during the probation period 3. Probation will depreciate the seriousness of the offense committed Effects of Grant of Probation 1. The execution of sentence shall be suspended for such period and upon such terms and conditions as the trial court may deem best [Sec. 4, P.D. 968] 2. Probation does not extinguish civil liability, as it only affects the criminal aspect of the case. [Budlong v. Apalisok, G.R. No. L60151 (1983) as cited in REYES, Book 1] 3. Accessory penalties are deemed suspended [Baclayon vs. Mutia, G.R. No. L59298 (1984), cited in REYES, Book 1] NOTE: An order granting or denying probation shall not be appealable [Sec. 4 P.D. 968]

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Conditions of Probation [Sec. 10, P.D. 968] 1. Mandatory Conditions. Probation orders shall contain conditions requiring probationer to: a. Present himself to his supervising probation officer at the place specified in the order within 72 hours from receipt of said order; and b. Report to the probation officer at least once a month at the time and place specified by said officer. 2. Discretionary Conditions. The two conditions above are mandatory conditions; the rest in sec. 10 are discretionary conditions (e.g. cooperate with a program of supervision; meet his family responsibilities; or devote himself to a specific employment). Moreover, the conditions enumerated under Sec. 10 are not exhaustive. The courts are allowed to impose practically any term it chooses, the only limitation being that it does not jeopardize the constitutional rights of the accused. [Salgado v. CA, et al., G.R. No. 89606 (1990)] Period of Probation [Sec. 14, P.D. 968] Scenario Duration When sentenced to Probation shall not imprisonment of not exceed 2 years more than 1 year When sentenced to Shall not exceed 6 more than 1 year years When sentenced to Shall be twice the a fine and made to total days of suffer subsidiary subsidiary imprisonment imprisonment d. Violation of Probation Order Upon the failure of the probationer to comply with any of the conditions prescribed in the order, or upon his commission of another offense, he shall serve the penalty imposed for the offense under which he was placed on probation [REYES, Book 1].

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violation of the conditions of the probation. Once arrested and detained, probationer shall be brought to court for a hearing of the violation charged. The defendant may be admitted to bail pending such hearing. Additionally, it must be noted that: 1. The violation of the conditions of probation must be serious to justify the issuance of a warrant of arrest. 2. Defendant may be admitted to bail pending hearing. ● Hearing is summary in nature, but the probationer shall have the right to be informed of the violation charged and to adduce evidence in his favor. 3. Court is not bound by the technical rules of evidence. 4. If the violation is established, the court may revoke or continue his probation and modify the conditions. 5. If revoked, the court shall order the probationer to serve the sentence originally imposed. 6. The order revoking the grant of probation or modifying the term and conditions thereof is not appealable. [REYES, Book 1] e. Termination of Probation Order of Final Discharge [Sec. 16, R.A. 10707] An order of final discharge of the probationer shall be issued by the Court: 1. After the period of probation; and 2. Upon consideration of the report and recommendation of the probation officer, upon finding that probationer fulfilled the terms and conditions of his probation NOTE: The probationer and the probation officer shall each be furnished with a copy of such order.

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Effect of Final Discharge [Sec. 16, R.A. 10707] The final discharge of the probationer shall operate to: 1. Restore to him all civil rights lost or suspended as a result of his conviction; and 2. Totally extinguish his criminal liability as to the offense for which probation was granted. Termination of Period, not the same as Expiration of Probation Period The expiration of the probation period alone does not automatically terminate probation; probation is not coterminous with its period. There must first be an order of final discharge issued by the court, based on the report and recommendation of the probation officer. [Bala v. Martinez, G.R. No. 67301 (1990)] f. Probation v. Pardon Probation

convicted offense, that is, it abolishes or forgives the punishment. [REYES, Book 1 at 843] Granting Authority Chief Executive by the Court [U.S. vs. Guarin, 30 [Sec. 10, R.A. Phil. 85, 87, as cited 10707] in REYES, Book 1] Effect on Accessory Penalties Accessory penalties A pardon shall not are deemed work the restoration suspended once of the right to hold probation is granted. public office, or the [Baclayon v. Mutia, right of suffrage, No. L-59298 (1984) unless such rights be as cited in REYES, expressly restored Book 1] by the terms of the pardon. Librado, A.M. P-941089 (1996)]

Pardon

Definition Probation is a It is an act of grace disposition under proceeding from the which a defendant, power entrusted with after conviction and the execution of the sentence, is laws which exempts released subject to the individual on conditions imposed whom it is bestowed by the court and to from the punishment the supervision of a the law inflicts for the probation officer. crime he has [REYES, Book 1] committed. [REYES, Book 1] May either be: (a) Absolute pardon (b) Conditional pardon Whether Crime is Obliterated Does not obliterate Does not obliterate the crime of which the crime; it only the the person under abolishes punishment. Pardon probation has been convicted. [Office of looks forward and the Court relieves the offender the Administrator v. from consequences of a

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A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. [Art. 36, RPC]

c. Juvenile Justice and Welfare Act (R.A. 9344, as amended) a. Scope It shall cover the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration. [Sec. 1, R.A. 9344] Definition of Terms 1. Child - refers to a person under the age of eighteen (18) years. [Sec. 4(c), R.A. 9344] 2. Children at risk, definition - Refers to a child vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, such as, but not limited to (a) economic/sexual exploitation, (b) truancy,

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(c) abandoned/neglected, or (e) abuse. [Sec. 4(d), R.A. 9344] 3. Child in Conflict with the Law (CICL) Refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws. [Sec. 4(e), R.A. 9344] Offenses Contemplated under R.A. 9344 1. Offenses – any act or omission whether punishable under special laws or the Revised Penal Code, as amended. [Sec. 4(o), R.A. 9344] 2. Status Offenses - refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts (i.e. curfew violations; truancy, parental disobedience and the like) [Sec. 4(r), R.A. 9344] 3. Victimless Crimes – offense where there is no private offended party [Sec. 4(u), R.A. 9344] Offenses Not Applicable to Children [Sec. 58, R.A. 9344] Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of: 1. Prostitution [Art. 202, RPC] 2. Mendicancy [P.D. 1563] 3. Sniffing of rugby [P.D. 1619] Such prosecution being inconsistent with the United Nations Convention on the Rights of the Child. However, said persons shall undergo appropriate counseling and treatment program. Determination of Age [Sec. 7, R.A. 9344] Presumption of Minority: There is a presumption of minority. S/he shall enjoy all the rights of a child in conflict with the law until s/he is proven to be 18 years old or older. In assessing the attendance of the mitigating circumstance of minority, all doubts should be resolved in favor of the accused, it being more beneficial to the latter. [People v. Sarcia, G.R. No. 169641 (2009)]. In fact, in several cases, this Court has appreciated this circumstance on the basis of a lone declaration of the accused regarding his age. [People v. Sarcia,

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G.R. No. 169641 (2009), citing People v. Calpito, G.R. No. 123298, (2003)] Proof of Age The age of the child shall be determined according to the rules established by Section 7 of R.A. 9344: 1. Best evidence is an original or certified true copy of certificate of live birth 2. In its absence, similar authentic documents such as baptismal certificates and school records showing the date of birth may be used 3. In the absence of documents under 1 and 2 due to loss, destruction or unavailability, the testimony of the child, a member of the family related by affinity or consanguinity, of other persons, the physical appearance of the child, or other relevant evidence shall suffice. The person alleging the age of the child in conflict with the law has the burden to prove such age. In all cases involving a child, the court shall make a categorical finding as to the age of the child. [Sec. 7, R.A. 9344] b. Intervention Program Intervention Refers to a series of activities which are designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psychosocial well-being. [Sec. 4(l), R.A. 9344]

Community-based Programs on Juvenile Justice and Welfare Community-based programs on juvenile justice and welfare shall be instituted by the LGUs through the LCPC, school, youth organizations and other concerned agencies. The LGUs shall provide community–based services which respond to the special needs, problems, interests and concerns of children

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and which offer appropriate counselling and guidance to them and their families. These programs shall consist of three levels: 1. Primary intervention - includes general measures to promote social justice and equal opportunity, which tackle perceived root causes of offending; 2. Secondary intervention - includes measures to assist children at risk; and 3. Tertiary intervention - includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending. [Sec. 19, R.A. 9344] When Applied If it has been determined that the child taken into custody is fifteen (15) years old or below [Sec. 20, R.A. 9344]. Duty of Authorities [Sec. 20, R.A. 9344] The authority which will have an initial contact with the child has the duty to: 1. Immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child’s nearest relative. Exception: If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to a: i. Duly registered nongovernmental or religious organization; ii. Barangay official or a member of Barangay Council for the Protection of Children (BCPC); or iii. Local social welfare and development officer; or when and where appropriate, the DSWD. In such case, authorities shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child. 2. If the child referred to herein has been found by the Local Social Welfare and Development Office (LSWD) to be

abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD or the LSWD pursuant to P.D. 603 (The Child and Youth Welfare Code). c. Diversion Diversion Program Program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense, without resorting to formal court proceedings. [Sec. 4(j), R.A. 9344] When Applied If the child is over fifteen (15) years old but below eighteen (18) years old and the child acted with discernment [REYES, Book 1]. Also, the maximum penalty for the offense the CICL is charged with, should be imprisonment of not more than twelve (12) years, regardless of the fine or fine alone regardless of the amount. In such case, before arraignment of the child in conflict with the law, the court shall determine whether or not diversion is appropriate. [Sec. 37, R.A. 9344] System of Diversion [Sec. 23, R.A. 9344] Children in conflict with law shall undergo diversion programs without undergoing court proceedings subject to the conditions herein provided: 1. Where the imposable penalty for the crime committed is not more than six (6) years imprisonment a. The law enforcement officer or Punong Barangay, with the assistance of the local social welfare and development officer or other members of the LCPC, shall conduct mediation, family conferencing and conciliation b. Where appropriate, indigenous modes of conflict resolution are adopted in accordance with the best interest of the child with a view to accomplishing the objectives of restorative justice and the formulation of a diversion program.

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c. The child and his/her family shall be present in these activities. 2. In victimless crimes where the imposable penalty is not more than six (6) years imprisonment - the local social welfare and development officer shall meet with the child and his/her parents or guardians for the development of the appropriate diversion and rehabilitation program, in coordination with the BCPC; 3. Where the imposable penalty for the crime committed exceeds six (6) years imprisonment - diversion measures may be resorted to only by the court. When There is No Diversion [Secs 27 and 28, R.A. 9344] There is no diversion in the following cases: 1. If the offense does not fall under Sec. 23 (a) and (b) a. Sec. 23 (a) – where the imposable penalty is not more than 6 years imprisonment b. Sec. 23 (b) in victimless crimes where the imposable penalty is not more than 6 years imprisonment 2. If the child, his/her parents or guardian does not consent to a diversion In the above cases, the following procedures shall apply: 1. The Punong Barangay handling the case shall forward the records of the case to the proper authorities within 3 days, whereupon the case shall be filed according to the regular process. 2. The Law Enforcement officers and judicial officers to determine whether or not the child should remain under custody and correspondingly charged in court. d. Court Proceedings Automatic Suspension of Sentence Suspended Sentence is the holding in abeyance of service of the sentence imposed by the court upon a finding of guilt of the CICL who will undergo rehabilitation.

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Court shall determine the civil liability of a guilty child under eighteen (18) y/o. Instead of convicting the child, the court shall place the CICL under suspended sentence. Suspension of sentence shall be applied even if the juvenile is already 18 years of age or more at the time of the pronouncement of his/her guilt. [Sec. 38, R.A. 9344]. However, the suspension of sentence lasts only until the child in conflict with law reaches the maximum age of 21 [Sec. 40, R.A. 9344]. Upon suspension of sentence and after considering the various circumstances of the child, the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law. [Sec. 38, R.A. 9344] CICL in suspended sentence Children in conflict with the law, whose sentences are suspended may, upon order of the court, undergo any or a combination of disposition measures best suited to the rehabilitation of the child pursuant to Supreme Court Rule on Juveniles in Conflict with the Law. If the community-based rehabilitation is availed of by a child in conflict with the law, he/she shall be released to parents, guardians, relatives or any other responsible person in the community. Under the supervision and guidance of the LSWD officer, and in coordination with his/her parents/guardian, the child in conflict with the law shall participate in community-based programs. [Sec. 52, R.A. 9344] Agricultural Camps and other Training Facilities [Sec. 51, R.A. 9344] A child in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained,

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supervised and controlled by the BUCOR, in coordination with the DSWD. As regards the appellant’s possible confinement in an agricultural camp or other training facility in accordance with Section 51 of R.A. 9344, this Court held in People v. Jacinto that the age of the child in conflict with the law at the time of the promulgation of the judgment is not material. What matters is that the offender committed the offense when he/she was still of tender age. [People v. Gamboa, G.R. No. 172707 (2013)] Hence, if the accused is already more than 21 years old by the time of the pronouncement of his guilt, the Court has no choice but to render judgment. Nonetheless, he may avail of Sec. 51, whereupon he may serve his sentence in an agricultural camp or training facility. [People v Gamboa, G.R. No. 172707 (2013)] P.D. 603 (The Child and Youth Welfare Code) as amended v. R.A. 9344 (Juvenile Justice and Welfare Act of 2006) PD 603 RA 9344 Circumstances for Exemption 1. Child 9 years of age or under at time of Child 15 years of age commission of or under shall be offense exempt from criminal liability, regardless of 2. Child more than whether or not s/he 9 years old but acted with les than 15 at discernment the time of commission of offense However, child is subject to Except: If the child intervention program acted [Sec. 20, R.A. 9344]. with discernment) [Sec. 189, P.D. 603] As to Proceedings Child over 9 years Child below 15 years and under 15 years and below – case of age who acted w/ shall be immediately discernment – court dismissed and the shall determine child shall be imposable penalty, returned to the

including any civil liability chargeable against him.

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custody of parent/guardian. [Sec. 20, R.A. 9344]

However, instead of If there be none, pronouncing CICL shall be judgment of released to (a) conviction, the court NGO/religious may suspend all organization (b) further proceedings Barangay and shall commit official/BCPC (c) such minor to the LSWD officer/DSWD custody or care of [Sec. 20, R.A. 9344] the DSWD or to any training institution Child above 15 years operated by the but below 18 years of government, or duly age who acted with licensed agencies discernment shall be or any other subjected to the responsible person, appropriate until he shall have proceedings: reached 21 years of Intervention age or, for a shorter Programs period as the court Diversion may deem proper. Programs [Sec. 189 and 192, [Sec. 38, R.A. 9344]. P.D. 603] Suspension of Sentence No automatic Suspension of suspension of sentence is sentence. Youthful automatic. Instead of offender should pronouncing the apply for a judgment of suspended conviction, the court sentence and it is shall place the child discretionary on the in conflict with law court to approve the under suspended application sentence, without [REYES, Book 1] need of application. [Sec. 38, R.A. 9344]. Discharge [Sec. 39, R.A. 9344] The court shall dismiss the case against the child whose sentence has been suspended and against whom disposition measures have been issued, and shall order the final discharge of the child: 1. Upon recommendation of the social worker who has custody of the child; and

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2. If it finds that the objective of the disposition measures have been fulfilled. The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission of the offense, which shall be enforced in accordance with law. Return of the Child in Conflict with the Law to Court [Sec. 40, R.A. 9344] In the following cases, the child in conflict with the law shall be brought before the court for execution of judgment: 1. If the court finds that the objective of the disposition measures imposed upon the CICL have not been fulfilled; or 2. If the CICL has willfully failed to comply with the conditions of his/her disposition or rehabilitation program. Credit in Service of Sentence The CICL shall be credited in the services of his/her sentence with the full time spent in actual commitment and detention under R.A. 9344. [Sec. 41, R.A. 9344]

d. Republic Act No. 10951 The Act adjusts the value of property and damage on which a penalty is based and the fines imposed under the RPC. Under this Act are adjustment on several children-related felonies, namely Art. 277 and Art. 278. NOTE: Changes in relevant provisions are already integrated in prior discussions (e.g., amount of what constitutes light felonies under Art. 9). Suspension in Case of Insanity or Minority a. Insane When Accused becomes Insane Scenario Effect At the time He is exempt from criminal of the liability. commission of the crime

At the time of the trial

At the time of final judgment or while serving sentence

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The Court shall suspend the proceedings and order his confinement in a hospital until he recovers his reason. Execution is suspended with regard to the personal penalty only. If he recovers his reason, his sentence shall be executed, unless the penalty has prescribed. Payment of his civil or pecuniary liabilities shall not be suspended.

[REYES, Book 1] b. Minors Court shall determine the civil liability of a guilty child under eighteen (18) y/o. Instead of convicting the child, the court shall place the CICL under suspended sentence. Suspension of sentence shall be applied even if the juvenile is already 18 years of age or more at the time of the pronouncement of his/her guilt. [Sec. 38, R.A. 9344]. See: Previous discussion of the Juvenile Justice and Welfare Act. Rules as to First-Time Minor Offenders 1. If the minor first-time offender complies with the imposed rules, regulation, and conditions of suspended sentence - the Court upon favorable recommendation from the Board, shall discharge the accused and dismiss all proceedings. [Sec. 67, R.A. 9165] a. The court will expunge all official records, except confidential records retained by the DOJ; such orders shall be confidential and will restore the accused to his prior status before the case. b. Accused will not be held in perjury/concealment/misrepresentation in failing to acknowledge the case or its facts in any inquiry for any purpose. 2. If the minor first-time offender violates the rules, regulations, or conditions of

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his suspended sentence – the court shall pronounce judgment of conviction and he/she shall serve sentence as any other convicted person. [Sec. 69, RA 9165] 3. In lieu of imprisonment, the court in its discretion may place the accused under: a. Probation – even if the sentence provided under RA 9165 is higher than that provided under existing law on probation b. Community Service [Sec. 70, RA 9165] Scenario Probation

Community Service

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Effect [Sec. 70, RA 9165] Supervision and rehabilitative surveillance shall be done by the Board through the DOH in coordination with Board of Pardons and Parole and the Probation Administration. Upon compliance with probation conditions, the Board shall submit a written report to the court recommending termination of probation and a final discharge of the probationer, whereupon the court shall issue such an order. The community service shall be complied with under conditions determined by the court’s discretion and upon the recommendation of the Board and shall apply only to violators of Section 15 of this Act. The Board shall supervise the completion of the community service in the period required by the court. Thereafter, the Board shall render a report re: community service compliance. The court in its discretion may require extension of the community service or order a final discharge.

Confidentiality of Records The DOJ shall keep a confidential record of the proceedings on suspension of sentence and shall not be used for any purpose other than to determine whether or not a person accused under this Act is a first-time minor offender [Sec. 71, RA 9164] . In cases where either probation or community service is applied, the judicial records shall also remain confidential according provisions Sec. 60 and 64 of RA 9165 (Comprehensive Dangerous Drugs Act of 2002). [Sec. 70, RA 9165]: 1. Under the Voluntary Submission Program. Judicial and medical records of drug dependents shall be confidential and shall not be used against him for any purpose, except to determine he has been committed by himself, family or guardian to the center under the submission program. [Sec. 60, R.A. 9165] 2. Under the Compulsory Submission Program. The records of a drug dependent who was rehabilitated and discharged from the Center under the compulsory submission program, or who was charged for the use of dangerous drugs [Sec. 15, R.A. 9165], shall remain confidential pursuant to Sec. 60 of the act. HOWEVER, the records of a drug dependent who was not rehabilitated, or who escaped but did not surrender himself/herself within the one (1) week [Sec. 59, R.A. 9165], shall be forwarded to the court and their use shall be determined by the court, taking into consideration welfare of the public and the drug dependent. [Sec. 64, R.A. 9165] Credit of Sentence If the sentence promulgated by the court requires imprisonment, the period spent in the Center by the accused during the suspended sentence period shall be deducted from the sentence to be served. [Sec. 70, R.A. 9165]

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Limited Applicability of the RPC [Sec. 98, R.A. 9165] Notwithstanding any law, rule or regulation to the contrary, the provisions of the RPC shall not apply to the provisions of this Act, except in the case of minor offenders. Where the offender is a minor, the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death.

6. Extinction Liabilities

of

Criminal

Correctional penalties (except Arresto Mayor) Arresto Mayor Crime Libel or other similar offenses Oral Defamation and Slander by Deed Light Offenses (e.g., arresto menor, public censure) Fine

a. Total Extinction Criminal liability is totally extinguished in the following cases: [CP DeSAAM] 1. Prescription of Crime 2. Prescription of Penalty 3. Death of the convict 4. Service of sentence 5. Amnesty 6. Absolute pardon 7. Marriage of the offended woman, as provided in Art. 344 of the RPC. i.

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By Prescription of Crime

Prescription The loss by the State of the right to prosecute and punish the crime or to demand the service of the sentence imposed. [Santos v. Superintendent, G.R. No. L-34334 (1930)] Ground for Motion to Quash Under the Rules of Court, the failure of the accused to assert the extinction of the offense in a motion to quash shall not be deemed a waiver of such ground. Prescription of crime may be raised anytime including during appeal. [Recebido v. People, G.R. No. 141931 (2000)] Prescription of Crimes [Art. 90, RPC] Prescriptive Penalty Provided by Law Period Death, reclusion perpetua, 20 years or reclusion temporal Other afflictive penalties 15 years

Afflictive (Exceeds P1,200,000) Correctional (1,200,000 to P40,000) Light (Less than P40,000)

10 years 5 years Prescriptive Period 1 year 6 months 2 months Prescriptive Period 15 years 10 years 2 months

NOTES: a. Subsidiary penalty for nonpayment not considered in determining the period b. When fine is an alternative penalty higher than the other penalty which is by imprisonment, prescription of the crime is based on the fine. [People v. Basalo, 101 Phil 57, 61 (1957), cited in REYES, Book 1] c. When the penalty is a compound one, the highest penalty is the basis of the application of the rules in Art. 90. [People v. Cruz, 108 Phil 255 (1960) cited in REYES, Book 1 at 868] Commencement Period for Computation General Rule: The running of the prescriptive period should commence from the day following the day on which the crime was committed. [People v. Del Rosario, 97 Phil 67, 70 (1955), cited in REYES, Book 1] Exceptions: 1. Blameless ignorance doctrine: If violation was not known at the time of its commission, the prescription begins to run only from the discovery thereof. [Presidential Ad-Hoc Fact Finding Committee on Behest Loans v.

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Ombudsman Desierto, GR No. 130140 (2011)]

2. When offender is absent from Philippine archipelago

NOTE: It is discovery of crime, NOT discovery of offender. The fact that the culprit is unknown will not prevent the period of prescription from commencing to run. [REYES, Book 1]. It is not necessary that the accused be arrested. [People v. Joson, 46 Phil. 380, 284, cited in REYES, Book 1]

Prescription for Special Laws and Municipal Ordinances [Sec. 1, Act No. 3326] Prescriptive Penalty Provided by Law Period Imprisonment of 6 years 12 years and more Imprisonment of 2 years and more but less than 6 8 years years Imprisonment for more 4 years than 1 month, but less than 2 years Imprisonment of not more 1 year than 1 month Fine 1 year Prescriptive Crime period Violation of municipal 2 months ordinances 5 years [Sec. 281, National Violation of National Internal Internal Revenue Code Revenue Code of 1997] Violations of orders, 60 days [Sec. decisions and regulations, 28, Public of or conditions of Service Act certificate of convenience (C.A. No. by the Public Service 146)] Commission

2. False testimony: From time principal case is finally decided. [People v. Maneja, 72 Phil 256 (1941), cited in REYES, Book 1] 3. Election offenses a. If the discovery is incidental to judicial proceedings, prescription begins when such proceedings terminate. b. If the falsification committed by inspectors in connection with the counting of votes and preparation of election returns was known to the protestants and their election watchers before the filing of the election protests, the period of prescription begins from the date of commission of the offense. [People v. Cariño, 56 Phil 109 (1931), cited in REYES, Book 1] 4. Continuing crimes: Prescriptive period cannot begin to run because the crime does not end. [Arches v. Bellasillo, 81 Phil 190 (1948), cited in REYES, Book 1]

Circumstances when computation of period is interrupted [RPC, Art. 91] 1. Upon filing of complaint or information It shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or unjustifiably stopped for any reason not imputable to the accused. Note: Termination must be final as to amount to a jeopardy that would bar a subsequent prosecution.

NOTE: The above are not applicable where the special law provides for its own prescriptive period. [Sec. 1, Act No. 3326] ii.

By Prescription of Penalty

Prescription The loss or forfeiture of the right of the government to execute the final sentence after the lapse of a certain period of time. [REYES, Book 1] Prescription of Penalties [Art. 92, RPC]

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Penalty Imposed Death and Reclusion Perpetua Other Afflictive Penalties Correctional Penalties Arresto Mayor Light Penalties

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Prescriptive Period 20 years

3. Convict goes to a foreign country with which the Philippines has no extradition treaty [Art. 93, RPC] Even in cases where our government has an extradition treaty with another country but the crime is not included in the treaty, it would interrupt the running of the prescriptive period. [REYES, Book 1]

15 years 10 years 5 years 1 year

Elements for Application of Prescription of Penalty 1. Penalty is imposed by final judgment 2. Convict evaded service of sentence by escaping during the term of his sentence. 3. The convict who has escaped from prison has not given himself up, or been captured, or gone to a foreign country with which we have no extradition treaty or committed another crime. 4. The penalty has prescribed because of the lapse of time from the date of the evasion of service of the sentence by the convict. [REYES, Book 1] NOTE: "Escape" in legal parlance and for purposes of Art. 93 and 157 of the RPC means unlawful departure of prisoner from the limits of his custody. Clearly, one who has not been committed to prison cannot be said to have escaped therefrom. [Del Castillo v. Torrecampo, G.R. No. 139033 (2002)] Commencement Date of Prescription Period Period commences to run from the date when the culprit evaded the service of sentence. [Art. 93, RPC] When Interrupted 1. Convict gives himself up [Art. 93, RPC]

4. Convict commits any crime before the expiration of the period of prescription [Art. 93, RPC] 5. Convict accepts grant of conditional pardon. [People v. Puntillas, G.R. No. 45269 (1938), cited in REYES, Book 1] Prescription of Crime v. Prescription of Penalty Prescription of Prescription of Crime Penalty As to Right Forfeited Right of the State to Right to execute the prosecute penalty As to Conviction None; Prosecution There is already a has not yet begun final and executory judgment As to Commencement From the day From the time the following the day the convict evades crime was sentence or committed or the detention discovery of the crime by the offended party or the authorities or their agents [BOADO]

2. Convict is captured [Art. 93, RPC]

iii.

NOTE: If the culprit is captured but he evades the service of his sentence again, the period of prescription that ran during the evasion is not forfeited. The period of prescription that has run in his favor should be taken into account. [REYES, Book 1]

By Death of the Convict

General Rule: Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. Exception: Claim of civil liability survives notwithstanding the death of the accused, if the

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same may also be predicated on a source of obligation other than delict, such as law, contracts, quasi-contracts and quasi-delicts. [People v. Bayotas, G.R. No. 102007 (1994)] iv.

By Service of Sentence

v.

By Amnesty

Although pardon restores his eligibility for appointment to that office, the pardoned convict must reapply for a new appointment. [Monsanto v. Factoran, G.R. No. 78239 (1989)] 2. Culprit is not exempt from payment of civil indemnity imposed upon him by the sentence. [Art. 36, RPC]

An act of the sovereign power granting oblivion or general pardon for a past offense. [Brown v. Walker, 161 U.S. 602 (1896), cited in REYES, Book 1] Erases not only the conviction but the crime itself. [Art. 89, par. 3, RPC] It is granted to classes of persons or communities who may be guilty of political offenses, generally before or after the institution of the criminal prosecution and sometimes after conviction. [People v. Casido, G.R. No. 116512 (1997), citing Barrioquinto v. Fernandez, G.R. No. L-1278 (1949)] vi.

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By Absolute Pardon

Pardon It is an act of grace, proceeding from the power entrusted with the execution of the laws. It exempts the individual from the penalty of the crime he has committed. [REYES, Book 1] Absolute pardon The total extinction of the criminal liability of the individual to whom it is granted without any condition. It restores to the individual his civil and political rights and remits the penalty imposed for the particular offense of which he was convicted. [Sec. 2(q), Revised Rules and Regulations of the Board of Pardons and Parole] Other Effects of Pardon 1. Does not work the restoration of the right to hold public office or the right of suffrage, unless such rights be expressly restored by the terms of the pardon. [Art. 36, RPC]

Limitations on Pardoning Power [ACNI] 1. Power can be exercised only After Conviction. Thus in applying for pardon, the convict must Not appeal the judgment of conviction or the appeal must be abandoned. 2. Power does not extend to cases of Impeachment. [Cristobal v. Labrador, G.R. No. 47941 (1940)] NOTE: The pardoning power of the President cannot be limited by legislative action. Arts. 3641 only operates as a procedural proscription. [Risos-Vidal v. COMELEC and Estrada, G.R. No. 206666 (2015)] Amnesty v. Absolute Pardon Amnesty Absolute Pardon As to Scope Blanket pardon to Includes any crime classes of persons and is exercised guilty of political individually offenses As to Time of Exercise May still be Person is already exercised before convicted trial or investigation As to Nature Looks forward. He is relieved from the Looks backward. It consequences of the is as if he has offense, but rights committed no are not restored offense. unless explicitly provided by the terms of the pardon. As to Burden of Proof

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Private act of the President and must be pleaded and proved by the person pardoned As to Requirement of Final Judgment Valid only when Valid if given either there is final before or after final judgment judgment As to Effect on Recidivism Recidivism cannot be applied to crimes committed Recidivism applies. subsequent to Pardon does not another crime for erase effects of which the offender conviction. [U.S. v. was granted Sotelo, G.R. No. amnesty. Amnesty 9791 (1914)] erases conviction and its effects. [Art. 89, par. 3, RPC] As to Effect on Civil Liability Both do not extinguish civil liability. Public act which the court shall take judicial notice of

vii.

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By the marriage of the offended woman and the offender in the crimes of rape, abduction, seduction and acts of lasciviousness [Art. 344, RPC]

General Rule: A pardon of the offended party does not extinguish criminal action [Art. 23, RPC] Exception: As to those mentioned under Art. 344 Effect of Marriage [Art. 344, RPC] 1. Marriage of the offender with the offended party in seduction, abduction, acts of lasciviousness and rape, extinguishes criminal action or remits the penalty already imposed. 2. It also extinguishes the criminal actions against the co-principals, accomplices, and accessories.

Pardon of Offended Party in Offenses Other than those in Art. 344 Only civil liability is extinguished. A crime committed is an offense against the State. Only the Chief Executive can pardon the offenders. [Art. 23, RPC]

b. Partial Extinction Criminal liability is partially extinguished in the following cases: [CoCoGS PaP] 1. Conditional pardon 2. Commutation of sentence 3. Good conduct allowances 4. Special time allowance for loyalty 5. Parole 6. Probation i.

By Conditional Pardon [Art. 95, RPC]

Conditions Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise. [Art. 95, RPC], If delivered and accepted, it is a contract between the executive and the convict that the former will release the latter upon compliance with the condition. [REYES, Book 1] Effect of Non-Compliance Non-compliance with any of the conditions specified shall result in the revocation of the pardon and the penalty of prision correccional in its minimum period shall be imposed upon the convict. However, if the penalty remitted by the granting of such pardon be higher than 6 years, he shall then suffer the unexpired portion of his original sentence. [Art. 159, RPC] Conditions Explicitly Stipulated Pardon itself must be explicitly imposed. A “whereas” in the preamble of the pardon stating that “Joseph Ejercito Estrada has publicly committed to no longer seek any elective position or office” does not make the pardon conditional. [Risos-Vidal v. COMELEC and Estrada, supra.]

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ii.

By Commutation Of Sentence [Art. 96, RPC]

The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former [Art. 96, RPC]

iii.

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Allowance for Good Conduct which Culprit May Earn while He is Serving Sentence [Art. 97, RPC]

Applicability General Rule: Allowance is granted to any prisoner in: 1. Penal institution 2. Rehabilitation or detention center 3. Other local jail [Art. 97, RPC as amended by R.A. 10592] Exceptions: The allowance is not applicable to: 1. Recidivists 2. Habitual delinquents 3. Escapees 4. Persons charged with heinous crimes [Art. 29 RPC as amended by R.A. 10592] Effect Computation of preventive imprisonment for purposes of immediate release shall be the actual period of detention with good conduct time allowance. Provided, if the accused is absent without justifiable cause at any stage of the trial, the court may motu proprio order the rearrest of the accused. [Art. 29, RPC as amended by R.A. 10592] Effect of Appeal Appeal does not deprive entitlement to good conduct allowance. [Art. 97, RPC as amended by R.A. 10592] NOTE: Allowance for good conduct, once granted, cannot be revoked. [REYES, Book 1]

Who Grants Time Allowances under Arts. 97 & 98 1. Director of the Bureau of Corrections 2. Chief of BJMP 3. Wardens of provincial, district, municipal and city jails [Art. 99, RPC as amended by R.A. 10592] Good Conduct Allowances Time in Penal Deduction from period Institution of sentence 20 days for each month First 2 years of good behavior 23 days for each month 3rd to 5th year of good behavior Following years 25 days for each month until 10th year of good behavior 11th and 30 days for each month successive of good behavior years 15 days for each month Any time during of study, teaching or period of mentoring service time imprisonment rendered [Art. 97, RPC as amended by R.A. 10592] iv.

Special Time Allowance (Art. 98)

Special Time Allowance Deduction in the period of the sentence of a prisoner during the calamity or catastrophe mentioned in Art. 158 (i.e. conflagration, earthquake, explosion or similar catastrophe; or mutiny in which he has not participated). [Art. 98, RPC] Scenario When prisoner, having evaded his sentence, gives himself up to authorities within 48 hours following issuance of proclamation by Chief Executive announcing the passing away of the calamity When prisoner chooses to stay in place of confinement.

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Deduction from Period of Sentence

1/5 of period of sentence

2/5 of period of sentence.

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Special time allowance for loyalty applies to any prisoner whether undergoing preventive imprisonment or serving sentence. [Art. 98 RPC as amended by R.A. 10592] v.

By Parole

Parole The conditional release of an offender from a correctional institution after he has served the minimum of his prison sentence. [Sec. 2(l), Revised Rules and Regulations of the Board of Pardons and Parole] vi.

By Probation

Probation A disposition under which a defendant after conviction and sentence is released subject to conditions imposed by the court and to the supervision of a probation officer. [Sec. 3(a), P.D. 968 (Probation Law)]

c. Compromise Desistance

and

Affidavit

of

Criminal liability cannot be the subject of a compromise, for a criminal case is committed against the People, and the offended party may not waive or extinguish the criminal liability. Compromise is not one of the grounds prescribed by RPC for the extinction of criminal liability. [Trinidad v. Ombudsman, G.R. No. 166038 (2007); Art. 2034, New Civil Code; Art. 23, RPC.] Courts disfavor affidavits of desistance or retraction [People v. Orje, G.R. No. 189579 (2011) citing People v. Soriano, G.R. No. 178325 (2008), 546 SCRA 514, 521; citing People v. Alicante, 388 Phil. 233, 258 (2000)] as they can be easily secured from poor or ignorant witnesses, usually for monetary considerations or threats of violence. There must be other circumstances which, when coupled with retraction or desistance, creates doubt as to the truth of the plaintiff’s testimony. [People v. Orje, G.R. No. 189579 (2011)]

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Civil liability arising from an offense, however, may be the subject of compromise. Such compromise shall not extinguish the imposition of the legal penalty. [Art. 2034, New Civil Code]

7. Civil Liabilities Arising from Criminal Cases a. General Rule Art. 100. Civil liability of a person guilty of felony. - Every person criminally liable for a felony is also civilly liable. Basis of Civil Liability An act or omission xxx gives rise to civil liability because it caused damage to another. Additionally, what gives rise to civil liability is the obligation and the moral duty of everyone to repair or make whole the damage caused to another, by reason of his own act or omission, whether done intentionally or negligently. [Chua v. CA, G.R. No. 150793 (2004)] Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same. [Art. 20, CC.] When Imposable If the felony committed did not cause any damage to another, the offender is not civilly liable even if he is criminally liable for the felony committed. [REYES, Book 1] Exemption from criminal liability does not include exemption from civil liability. [Rule 111, Sec. 2(4), Revised Rules of Criminal Procedure] Effect of Acquittal in Criminal Action General Rule: The court may acquit an accused on reasonable doubt and still order payment of civil damages already proved in the same case without need for a separate civil action. The reason for this is that the accused has already been accorded due process. [Maximo v. Gerochi, Jr., G.R. Nos. L-47994-97 (1986)]

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Exceptions: 1. Acquittal in the criminal action for negligence does not preclude the offended party from filing a separate civil action to recover damages, based on the new theory that the act is a quasi-delict [REYES; Book 1 Art. 2177, NCC]. 2. Facts from which the civil action might arise do not exist (e.g., the defendant was acquitted because he was not the perpetrator of the felony) [REYES, Book 1] Determination of Civil Liability [WRIP] General Rule: Civil liability arising from the commission of the felony is deemed instituted with the criminal action. [Rule 111, Sec. 1(a), ROC] With the implied institution of the civil action in the criminal action, the two actions are merged into one composite proceeding, with the criminal action predominating the civil. [Quinto v. Andres, G.R. No. 155791 (2005)] Exceptions: When the offended party: 1. Waives his right to file a civil action 2. Reserves his right to Institute it separately, or 3. Institutes the civil action Prior to the criminal action. Reservation of Right to File A reservation of the right to file a separate civil action only gives the party aggrieved the right to choose under which body of laws he must bring the civil action, either under the: 1. RPC – where the recovery may be defeated by proof that the acts on which the action is based do not exist, or 2. New Civil Code – where the same proof is required to preclude recovery, or proof of diligence in the selection and employment of the employee. Institution of Separate Civil Action Commencement of criminal action is not a condition precedent to the filing of civil action arising from a crime. However, civil action arising from crime cannot be instituted in the following cases:

When Civil Action is Instituted

Before criminal action has commenced

After criminal action has commenced

Effect [Rule 111, Sec. 2, Rules of Court] Civil action is suspended until final judgment is rendered in the criminal action. The civil and criminal actions may be consolidated so that they are tried and decided jointly. Cannot be instituted until after final judgment has been rendered in the criminal action.

Said rule applies only when the plaintiff in the civil action is the offended party in the criminal action and both cases arise from the same offense. Independent Civil Actions An independent civil action may be filed in the following cases: 1. Violations of fundamental rights [Art. 32, NCC.] 2. Defamation, fraud and physical injuries [Art. 33, NCC.] 3. Failure or refusal of a member of the police force to render aid or protection to any person in case of danger to life or property [Art. 34, NCC.] 4. When there is fault or negligence, there being no pre-existing contract between the parties (quasi-delict). [Art. 2176, NCC] NOTE: Responsibility for quasi-delicts is separate from civil liability arising from negligence under the RPC, but the plaintiff cannot recover damages twice from the same act or omission. [Art. 2177, CC.]

b. What Civil Liability Includes What is Included in Civil Liability [Art. 104, RPC] The civil liability established in Arts. 100, 101, 102, and 103 of this Code includes:

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1. Restitution; 2. Reparation of the damage caused; and 3. Indemnification for consequential damages. i.

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Restitution

Restitution of the thing itself must be made whenever possible, with allowance for any deterioration or diminution of value as determined by the court. [Art. 105, RPC] NOTE: Restitution should apply when offense is proven, even if accused is acquitted. [People v. Alejano, G.R. No. L-33667 (1930)] General Rule: The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful means. Exception: In cases where the thing has been acquired by the third person in the manner and under the requirements which, by law, bar an action for its recovery. [Art. 105, RPC]

ii. Reparation The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly. [Art. 106, RPC] This applies when restitution is not possible. [People v. Dalena, G.R. Nos. 11387-R and 11388-R (1954) cited in REYES, Book 1] Computation [Art. 106, RPC] REPARATION = actual value of lost item which cannot be recovered + sentimental value to original owner iii.

Indemnification

Indemnification for consequential damages shall include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime. [Art. 107, RPC]

Hence, restitution may not be allowed in the following cases: a. If the possessor of a movable or of which the owner has been unlawfully acquired, acquired it in good faith at a public sale, the owner cannot acquire its return without reimbursing the price thereof. [Art. 559, CC.] b. When purchaser is an innocent purchaser for value of a property covered by a Torrens title [REYES, Book 1] c. When a sale is authorized by the original owner of the property. [REYES, Book 1] d. When liability to return a thing arises from a contract, not from a criminal act. In such case, the court cannot order its return in the criminal case. [People v. Pantig, G.R. No. L8325 (1955)]

Indemnity v. Restitution Restitution is applicable to crimes against property; whereas indemnity is applicable to crimes against persons.

If Thing is Damaged If the value of the thing taken is decreased, the court may order the offender to pay the amount representing deterioration. [People v. Mostasesa, G.R. No. L-5684 (1954)]

When Injuries are Sustained Actual damage from injuries = whatever he spent to treat wounds + doctor’s fees + medicine + salary/wages unearned because of inability to work + damages due to loss of limb/etc.

Art. 104 (civil liabilities) v. Art. 38 (providing for the order of payment of pecuniary liabilities) Civil liabilities Pecuniary Liabilities (Art. 104) (Art. 38) Similarities Reparation, indemnification As to Restitution Restitution Not applicable As to Fine and Costs Fine, costs of Not applicable proceedings

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Lost earnings General Rule: There must be documentary proof to support the indemnity for loss of earning capacity. Exceptions: 1. When the deceased is self-employed and earning less than minimum wage; or 2. When the deceased was employed as a daily wage worker earning less than minimum wage. [People v. Mallari, G.R. No. 145993 (2003)] Computation: Loss of Earning Capacity = [2/3 x (80 – age of the deceased)] x [50% x annual gross income] If there is proof of actual amount of living expenses, instead of using 50% of annual gross income: Net Gross Income = gross annual income – living expenses [Abrogar v. Cosmos Bottling Corporation, G.R. No. 164749 (2017)] Temperate Damages Given when pecuniary losses were suffered but amount cannot be proven with certainty. Also, when income of victim is not sufficiently proven. [Pleno v. Court of Appeals, G.R. No. L56505 (1988)] Moral Damages This includes physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. [Art. 2217, CC.] It may be recovered in the following and analogous cases: [Art. 2219, CC.] 1. Crime resulting to physical injuries 2. Seduction, abduction, rape, or other lascivious acts 3. Adultery/concubinage 4. Illegal/arbitrary detention/arrest 5. Illegal search 6. Libel, slander, or any other form of defamation

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7. Malicious prosecution For rape, moral damages may additionally be awarded without need for pleading or proof of the basis thereof. [People v. Arizapa, G.R. No. 131814 (2000)] Exemplary Damages Corrective damages are deterrent to serious wrongdoings, and vindication of undue sufferings. This is imposed when there are: 1. One or more aggravating circumstances; or 2. When crime is extremely reprehensible or outrageous. [People v. Combate, G.R. No. 189301 (2010)] However, plaintiff must first show he is entitled to moral, temperate, or compensatory damages before exemplary damages are awarded. [Art. 2234, CC.] Damages to be Awarded The following damages is to be awarded for crimes involving the death of victim where the penalty imposed consists of indivisible penalties (e.g., Murder, Parricide, Infanticide, etc) or for simple/qualified rape. [People v. Jugueta, G.R. No. 202124 (2016)] Where the penalty imposed is death but reduced to reclusion perpetua because of RA 9346 Civil indemnity Moral damages P100,000 Exemplary damages Where the penalty imposed is reclusion perpetua, other than the abovementioned Civil indemnity Moral damages P75,000 Exemplary damages Attorney’s fees When defendant’s act or omission has compelled the plaintiff to litigate with third persons or incur expenses to protect his interest. [Art. 2208, CC.]

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Interest 6% per annum. [Sps. Abella v. Abella, G.R. No. 195166 (2015)]

c. Persons Civilly Liable Upon Whom Obligation Devolves [Art. 108, RPC] 1. Obligation to make restoration, reparation for damages, or indemnification for consequential damages and actions to demand the same – upon the heirs of the person liable. 2. Action to demand restoration, reparation, and indemnification - descends to the heirs of the person injured. Rules on Liability 1. If there are two or more persons civilly liable for a felony - the courts shall determine the amount for which each must respond. [Art. 109, RPC] 2. Liability of principals, accomplices, and accessories - each within their respective class, shall be liable severally (in solidum) among themselves for their quotas, and subsidiaries for those of the other persons liable. Order of enforcement of liability: first against the property of the principals; next, against that of the accomplices, and, lastly, against that of the accessories. Right of person who paid: Right of action against the others for the amount of their respective shares. [Art. 110, RPC] 3. Liability of person who benefited from the proceeds of the felony – any person who has participated gratuitously in the proceeds of a felony shall be bound to make restitution in an amount equivalent to the extent of such participation. [Art. 111, RPC]

In Case of Death of Offender When Death Effect Occurred After final judgment Civil liability is possible. [Rule 86, ROC] final Civil Before liability is judgment dismissed. [Art. 89(1), RPC]

d. Extinction of Civil Liability Offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence or any other reason. [Art. 113, RPC] Modes of Extinguishing Civil Liability Civil liability established in Arts. 100, 101, 102, and 103 of the RPC shall be extinguished in the same manner as obligations, in accordance with the provisions of the Civil Law. [Art. 112, RPC] Obligations are extinguished: a. By payment or performance; b. By the loss of the thing due; c. By the condonation or remission of the debt; d. By the confusion or merger of the rights of creditor and debtor; e. By compensation; f. By novation. [Art. 1231, CC]

e. Special Cases i.

Insanity, imbecility, and those over 9 and below 15

Civil Liability of Parents of Minors General Rule: A minor over 15 years of age who acts with discernment is not exempt from criminal liability, that is why the RPC is silent as to the subsidiary liability of his parents. The particular law that governs is Art. 2180 of the Civil Code which provides, “the father and, in

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case of his death or incapacity, the mother is responsible for damages caused by the minor children who live in their company.” [REYES, Book 1] Exception: Parents/guardians can avoid civil liability by proving that there was no fault or negligence on their part. [REYES, Book 1] Civil Liability of Guardians The persons having the insane or minor under their legal authority or control are primarily liable to pay the civil liability. If it is proven that there was no fault or negligence on their part, those exempted from the crime shall respond with their own property not exempt from execution. [Art. 2180(3), CC.] ii.

State of Necessity

There is no civil liability in justifying circumstances except in par. 4 of Art. 11 (state of necessity), wherein the person who was benefited by the act which causes damage to another is the one civilly liable. [Tan v. Standard Vacuum Oil, G.R. No. L-4160 (1952)] iii.

Irresistible Force Uncontrollable Fear

and

The persons using violence or causing the fear are primarily liable. If there be no such persons, those doing the act shall be liable secondarily. [REYES, Book 1] iv.

Innkeepers and Similar Persons

General Rule: Innkeepers, tavernkeepers, and any other persons or corporations shall be civilly liable for crimes committed in their establishments in the following cases: 1. In default of the persons criminally liable 2. For the restitution of goods taken by robbery or theft within their houses from guests lodging therein. Exception: No liability shall attach in case of robbery with violence against or intimidation of

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persons unless committed by the innkeeper's employees. [Art. 102, RPC] Elements under Paragraph 1 a. Innkeeper, tavernkeeper, or proprietor of establishment or his employee must have committed a violation of municipal ordinance or some general or special police regulation. b. Crime was committed in such inn, tavern or establishment. c. The person criminally liable is insolvent. Elements under Paragraph 2 a. Guests notified the innkeeper or the person representing him of the deposit of their goods within the inn or house, in advance. b. The guest followed the directions of the innkeeper or his representative with respect to the care of the vigilance over such goods. c. Such goods of the guests lodging therein were taken by robbery with force upon things or theft committed within the inn or house.

f. Subsidiary Persons

Liability

of

Other

Subsidiary liability shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties [Art. 103, RPC]. Elements: [ETPC SePWA INSaC] 1. Employer, Teacher, Person or Corporation is engaged in any kind of industry. 2. Any of their Servants, Pupils, Workmen, Apprentices or employees commits a felony while in the discharge of his duties. 3. The said employee is Insolvent and has Not Satisfied his civil liability. 4. Employee was Convicted in a criminal action. How Enforced There must be a motion for subsidiary writ of execution against the employer and upon proof

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that the employee is insolvent. [REYES, Book 1] NOTES: a. Private persons without business or industry are not subsidiarily liable but may be primarily liable under culpa aquiliana. [Steinmetz v. Valdez, G.R. No. 47655 (1941) cited in Reyes, Book 1] b. Employer has the right to take part in the defense of his employee. [Miranda v. Malate Garage & Taxicab, G.R. No. L-8943 (1956)]

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II. CRIMES UNDER THE REVISED PENAL CODE A. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS [ARTS. 114-123] These crimes may be prosecuted although the criminal act or acts were committed outside of Philippine territorial jurisdiction. This is one of the instances where the RPC may be given extraterritorial application under Article 2 (5) thereof. However, prosecution can proceed only if offender is: a. Within Philippine territory, or b. Brought to the Philippines pursuant to an extradition treaty. General rule: Almost all of these are crimes committed only in times of war. Exceptions: Offenses that can be committed in times of peace: a. Espionage [Art. 117] – This is also covered by Commonwealth Act No. 616 which punishes conspiracy to commit espionage. b. Inciting to War or Giving Motives for Reprisals [Art. 118] – This can be committed even if the Philippines is not a participant. c. Violation of Neutrality [Art. 119] – The Philippines is not a party to an on-going war.

1. Chapter I: Crimes against National Security a. Article 114 - Treason GENERAL CONCEPTS: 1. Treason – breach of allegiance to a government, committed by a person who owes allegiance to it [U.S. v. Abad, G.R. No. 976 (1902)] 2. Two (2) Modes of Commission [LA]: a. Levying War b. Adherence to the Enemy and Giving of Aid and Comfort 3. Place of Commission

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a. Treason by a Filipino citizen - can be committed outside of the Philippines. b. Treason by an alien - must be committed in the Philippines. 4. Treason is a continuing offense – It is of such a nature that it may be committed by one single act, by a series of acts, or by several series thereof, not only in a single time, but in different times, it being a continuous crime. [People v. Victoria, G.R. No. L-369 (1947)] Elements Mode 2: Adherence to the Enemy and Giving of Aid and Comfort [AWAG] 1. Offender is a Filipino or Resident alien owing Allegiance to the Government of the Philippines 2. There is a War in which the Philippines is involved 3. The offender 3. Offender Adheres Levies war to the enemies against the and Gives them government aid or comfort 4. There must be an actual Assembly of men; and 5. It is for the purpose of executing a Treasonable design by force [REYES] Mode 1: Levying War [AWLAT]

Allegiance Obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive. [REYES, citing 52 Am. Jur. 797]. Allegiance can be [Laurel v. Misa, G.R. No. L409 (1947)]: a. Permanent – obligation of fidelity and obedience which a citizen or subject owes to his government or sovereign.

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b. Temporary – obligation of fidelity and

obedience which a resident alien owes to his government. Adherence An intent to betray; when a citizen intellectually or emotionally favors the enemy and harbors sympathies or convictions. [Cramer v. US, 65 Sup. Ct. 918 (1945)] Aid or Comfort An act which strengthens or tends to strengthen the enemy and an act which weakens or tends to weaken the power of the traitor’s country to resist or to attack the enemy. [Cramer v. US, supra] 5. The overt act of aid and comfort to the

enemy must be intentional. [Id.] Acts not constituting treason 6. “Commandeering" of women to satisfy the lust of Japanese officers or men or to enliven the entertainments held in their honor. Sexual and social relations with the Japanese did not directly and materially tend to improve their war efforts or to weaken the power of the US. [People v. Perez, supra.] 7. Acceptance of public office and discharge of official duties under the enemy [People v. Sison, P.C. 42 O.G. 748] As to the treatment of common crimes connected with the charge of Treason General Rule: When the killings and other common crimes are charged as overt acts of treason, they cannot be regarded: (a) as separate crimes, or (b) as complexed with treason. Exception: The rule would not preclude the punishment of murder or other common crimes, if the prosecution should elect to prosecute the culprit specifically for these crimes, instead of relying on them as an element of treason. [People v. Prieto, G.R. No. L-399 (1948)]

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Two Ways of Proving Treason [Art. 114, par.2, RPC] 1. Testimony of at least two witnesses to the same overt act; or 2. Confession of accused in open court. The Two-Witness Rule The testimony of two witnesses is required to prove the overt act of giving aid or comfort, but it is not necessary to prove adherence. Each of the witnesses must testify to the whole overt act; or if it is separable, there must be two witnesses to each part of the overt act. [People v. Escleto, G.R. No. L-1006 (1949)] Adherence may be proved [ONC]: 1. By One witness; 2. From the Nature of the act itself; or 3. From the Circumstances surrounding the act. [People v. Adriano, G.R. No. L-477 (1947)] Aggravating Circumstances Aggravating Circumstances Not Allowable/ Inherent Allowable [ICAG] Circumstances [EAT] 1. Ignominy 1. Evident 2. Cruelty premeditation 3. Amount or 2. Abuse of Superior degree of aid strength 4. Gravity of 3. Treachery [People separate distinct v. Roble, G.R. No. acts of treason L-433 (1949)] [REYES] Defenses Against Treason Defenses against Treason Acceptable [DL] Unacceptable [SL] 1. Duress or 1. Suspended uncontrollable allegiance and fear [El Pueblo change in de Filipinas v. sovereignty Bagalawis, [Laurel v. Misa, G.R. No. L-262 G.R. No. L-409 (1947)] (1947)] 2. Lawful 2. Loss of obedience to a citizenship by the

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de facto Government [Go Kim Cham v. Valdez, G.R. No. L-5 (1945)]

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mere joining of army of the enemy [People v. Manayao, G.R. No. L-322 (1947)]

b. Article 115 – Conspiracy and Proposal to Commit Treason Elements Conspiracy to Proposal to commit Treason commit Treason [WaTLAD] [WOnLAP] 1. There is a War in which the Philippines is involved 2. At least two 2. At least one persons agree to: person decides to a. Levy war a. Levy war against the against the government; government; or or b. Adhere to the b. Adhere to the enemies, enemies, giving them giving them aid or comfort aid or comfort 3. They decide to commit it

3. That

person proposes its execution to other persons

The two-witness rule does not apply because this is a separate and distinct offense from that of treason. [US v. Bautista, G.R. No. L-2189 (1906)]

c. Article 116 – Misprision of Treason Elements [CCC]: 1. Offender is a Citizen of the Philippines 2. He has knowledge of Conspiracy to commit treason against the government 3. He Conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province in which he resides, or the mayor or fiscal of the city in which he resides

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Rationale: There are persons who conspire to commit treason and the offender knew this and failed to make the necessary report to the government within the earliest possible time. [REYES] Punishment ● Punishment imposed is as an accessory to treason. ● However, the offender is still a principal to the crime of misprision of treason. Hence, Art. 20 of the RPC which provides for accessories who are exempt from criminal liability does not apply in this case. [REYES] Misprision of Treason v. Treason Misprision of Treason Treason (Art. 114) (Art. 116) As to the Offender Offender is a Filipino Offender is a Filipino Citizen or Resident alien owing Allegiance to the Government of the Philippines Acts Punished What is punished is the concealment or failure to disclose of a conspiracy to commit treason

What is punished is the act of: (1) levying war; or (2) adherence to the enemy and the giving of aid and comfort

Since the provision speaks only of “knowledge of any conspiracy”, it presupposes that the crime of treason is not yet consummated [REYES] As to the Penalty Penalty is equivalent Principal offender is to that of an punished by prision accessory to treason mayor to death and shall pay a fine not to exceed P20,000 pesos

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Other distinctions between Mode 1 and Mode 2 Mode 1 Mode 2

d. Article 117 – Espionage Punishable Acts [Two (2) Modes] [ED] 1. By Entering, without authority therefor, a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippines 2. Disclosing by public officer of confidential information to a foreign representative Elements Mode 1: Entering without Authority [EAPD] 1. Offender Enters a Warship, Fort, or Naval or Military Establishment or Reservation; [WaFoNaMER] 2. He has no Authority; 3. His Purpose is to obtain information, plans, photographs or other data of a confidential nature 4. What is sought to be obtained is relative to the Defense of the Philippines.

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Mode 2: Disclosing by a Public Officer [PPD] 1. That the offender is a Public officer; 2. That he has in his Possession the articles, data or information of a confidential nature relative to the defense of the Philippines, by reason of the public office he holds; 3. That he Discloses their contents to a representative of a foreign nation.

As to the Offender Offender can be any person who has no authority to obtain information, plans, etc.

Offender should be a public officer

As regards the information Information need not be obtained. The intention to obtain information is sufficient.

Articles, data or information of confidential nature are disclosed.

Espionage v. Treason Espionage (Art. 117)

Treason (Art. 114)

As to the Offender Offender can be a citizen or an alien When committed May be committed both in times of war and in times of peace

Committed only in times of war

How committed May be committed in many ways

Limited to two (2) ways of: a. Levying of war; and b. Adhering to the enemy giving him aid or comfort

SECTION 2. PROVOKING WAR DISLOYALTY IN CASE OF WAR

AND

e. Article 118 – Inciting to War or Giving Motives for Reprisals Elements [UPE]: 1. Offender performs Unlawful or unauthorized acts 2. The acts:

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a. Provoke or give occasion for a war involving or liable to involve the Philippines; or b. Exposure of Filipino citizens to reprisals on their persons or property

f. Article 119 - Violation of Neutrality Elements [WRV] 1. There is War in which the Philippines is not involved 2. There is a Regulation issued by a competent authority to enforce neutrality 3. Offender Violates the regulation

g. Article 120 – Correspondence with Hostile Country Elements [WC-PCU]: 1. There is War in which the Philippines is not involved 2. Offender makes Correspondence with an enemy country or territory occupied by enemy troops 3. The correspondence is either – a. Prohibited by the government, or b. Carried on in Ciphers or conventional signs; or c. Containing notice or information which might be Useful to the enemy Qualifying Circumstance for (c): If the offender intended to aid the enemy by giving such notice or information, the penalty will be the same as that for treason. Correspondence This is communication by means of letters which pass between those who have friendly or business relations. ● Even if the correspondence contains innocent matters, if the correspondence has been prohibited by the Government, it is punishable. ● Prohibition by the Government is not essential in instances (b) and (c). [REYES]

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h. Article 121 – Flight to Enemy’s Country Elements [WAAP]: 1. There is a War in which the Philippines is involved 2. Offender owes Allegiance to the government 3. Offender Attempts to flee or go to enemy country. 4. Going to the enemy country is Prohibited by competent authority NOTES: ● Aliens may be Guilty - The allegiance contemplated in this article is either natural or temporary allegiance. [REYES] ● Mere Attempt Consummates the felony when prohibited by competent authority consummates the felony. [REYES] SECTION 3. PIRACY AND MUTINY ON THE HIGH SEAS

i. Article 122 – Piracy in General and Mutiny on the High Seas or in Philippine Waters Elements of Piracy Mode 1: Attacking or seizing the Mode 2: Seizing vessel the cargo [VNSI] [VCASI] 1. The Vessel is on the high seas or Philippine waters 2. Offender may be 2. Offenders are a Complement or Neither members passenger of the of its complement vessel nor passengers of the vessel 3. The Offenders 3. Offenders are Attacks or Seizes Neither members the vessel of its complement nor passengers of the vessel 4. There is Intent to gain

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High Seas The parts of the seas that are not included in the exclusive economic zone, in the territorial seas, or in the internal waters of a state, or in the archipelagic waters of an archipelagic state. [Convention on the Law of the Sea] Jurisdiction The jurisdiction of piracy unlike all other crimes has no territorial limits. Pirates are in law hostes humani generis. Piracy is a crime not against any particular State but against all mankind. It may be punished in the competent tribunal of any country where the offender may be found or into which he may be carried. [People v. Lol-lo and Saraw, supra.] Mutiny Mutiny is usually committed by the other members of the complement and may be committed by the passengers of the vessel. [REYES] Piracy v. Mutiny [REYES] Piracy Mutiny As to the Attacker Persons who attack Persons who attack the vessel or seize the vessel or seize its cargo are its cargo are strangers to said members of the vessels crew or passengers As to necessity of intent to gain Intent to gain is not Intent to gain is essential. The essential offenders may only intend to ignore the ship’s officers or they may be prompted by a desire to commit plunder.

j. Article 123 – Qualified Piracy Qualifying Circumstances [B-FA-MHPR]: 1. Whenever the vessel is seized by Boarding or Firing upon the same;

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2. Whenever the pirates have Abandoned their victims without means of saving themselves; or 3. Whenever the crime is accompanied by Murder, Homicide, Physical injuries or Rape This is a special complex crime, regardless of the number of victims. [People v. Siyoh, G.R. No. L-57292 (1986)] “Pirates” It seems as if “pirates” in paragraph 2 should actually be in paragraph 1 because in paragraph 1, the mutineers, being already in the vessel, cannot seize the vessel by boarding or firing upon the same. [REYES]

B. CRIMES

AGAINST THE FUNDAMENTAL LAWS OF THE STATE [ARTS. 124 - 133]

1. Chapter I: Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition, Interruption, and Dissolution of Peaceful Meetings and Crimes Against Religious Worship SECTION 1 – ARBITRARY DETENTION OR EXPULSION

a. Article 124 - Arbitrary Detention Arbitrary Detention [Art. 124, RPC] Any public officer or employee who without legal grounds detains a person. Elements [PWD]: 1. Offender is a Public officer or employee 2. He Detains a person 3. Detention is Without a legal ground; detention is without legal ground if not made under the following circumstances [CIA]: a. Upon the Commission of a crime; b. Violent Insanity; or c. Any other Ailment requiring compulsory confinement of the patient in a hospital [Art. 124, Par. 2, RPC]

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Public officer or employee The public officers must be vested with authority to detain or order the detention of persons accused of a crime (i.e. policemen and other agents of the law, the judges or mayors and barangay captains). [Milo v. Salanga, G.R. No. L-37007, (1987)] Detention Refers to the actual confinement of a person in an enclosure, or in any manner detaining and depriving him of his liberty [People v. Flores, G.R. No. 116488, (2001), citing People vs. Gungon, G.R. No. 119574 (1998)]. It can refer to both physical and psychological restraint [People v. Fabro, G.R. No. 208441 (1998)]. Periods of Detention Penalized:

Has not exceeded 3 days

Arresto Mayor in its maximum period to prision correcional in its minimum period

More than 3 days but not more than 15 days Prision Correcion al in its medium period and maximum periods.

More than 15 days but not more than 6 months

Exceede d6 months

Prision Mayor

Reclusion temporal

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valid warrantless arrests under Sec. 5, Rule 113 [REYES]

b. Article 125 - Delay in the Delivery of Detained Persons to the Proper Judicial Authorities Elements [PDF-12-18-36]: 1. Offender is a Public officer or employee 2. He Detains a person for some legal ground (includes valid warrantless arrests) 3. He Fails to deliver such person to the proper judicial authorities within – a. 12 hours for light penalties b. 18 hours for correctional penalties c. 36 hours for afflictive or capital penalties Delivery It may also mean constructive delivery (e.g., by the filing of the correct information with the proper court) or the turning over the person arrested to the jurisdiction of the court. The purpose is to determine whether the offense is bailable or not. [Sayo v. Chief of Police, G.R. No. L-2128 (1948)] When a Judge is not Available Where a judge is not available, the arresting officer is duty bound to release the person detained, if the maximum hours for detention provided under Art. 125 of the RPC have already expired. [Albior v. Auguis, A.M. P-011472 (2003)] Period to Deliver General Rule: Delivery should be made within 12, 24, or 36 hours, depending on the imposable penalty

NOTES: 1. Minimum period for arbitrary detention – Art 124 does not fix the minimum period of detention [US v. Braganza, G.R. No. L3971]. 2. Arbitrary detention may be committed through imprudence [People v. Misa, G.R. No. 93485, (1994)] 3. Usual Cause of Arbitrary Detention – Arrest without a search warrant, except

Exception: For those charged with or is suspected of terrorism or conspiracy to commit terrorism, applicable period is 3 days (Sec. 19, R.A. 9372). Computation of periods An election day or special holiday, should not be included in the computation of the period prescribed by law for the filing of

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complaint/information in courts in cases of warrantless arrests, it being a ‘no-office day’ [Soria v. Desierto, GR No. 153524 (2005), citing Medina v. Orozco, G.R. No. L-26723 (1966)] Circumstances considered in determining the liability of the offender [MH-OTI] 1. Means of communication; 2. Hour of arrest; and 3. Other circumstances such as: a. Time of surrender; b. Material possibility for the fiscal to make the Investigation file in time the necessary information [Sayo v. Chief of Police, G.R. No. L-2128 (1948)] Waiver of the Provisions of Article 125 Before the complaint or information is filed, the person arrested may ask for a preliminary investigation in accordance with Rule 112 of the Revised Rules of Criminal Procedure, but he must sign a waiver of the provisions of Article 125 of the RPC in the presence of his counsel. [Rule 112, Sec. 7 par.2]

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a. Service of the notice of the judicial or

executive order for the release of the prisoner or detention prisoner; b. Performance of such judicial or executive order for the release of the prisoner or detention prisoner; or c. Proceedings upon a petition for the release of such person Wardens and jailers are the public officers most likely to violate Article 126 [REYES, Book 2, p. 63].

d. Article 127 – Expulsion Elements [P-EC-N]: 1. Offender is a Public officer or employee 2. He either: a. Expels any person from the Philippines; or ▪ Can be committed only against an alien [AMURAO] b. Compels a person to change residence ▪ Can be committed against either aliens or Filipino citizens (Id.) 3. Offender is Not authorized to do so by law

Arbitrary Detention vs. Delay in Delivery Arbitrary Detention (Art. 124)

Delay in Delivery of Detained Persons (Art. 125)

NOTE: Only a court, by final judgment, can compel a person to legally change his residence [Villavicencio v. Lukban, (1919)].

No warrant of arrest

No warrant of arrest, BUT arrest was made with legal ground/s.

SECTION 2 - VIOLATION OF DOMICILE

From the beginning, the detention is illegal

The detention is legal in the beginning, BUT the illegality of the detention starts from the expiration of any of the periods specified in Art. 125.

Elements [PN-ESR] : 1. Offender is a Public officer or employee 2. He is Not authorized by judicial order 3. He performed the following acts: a. Entered the dwelling against the will of the owner; b. Searched for papers or other effects therein without the previous consent of such owner; or c. Refused to leave the premises, after having surreptitiously entered such dwelling and having been required to leave the same.

c. Article 126 - Delaying Release Elements [P-DSPP]: 1. Offender is a Public officer or employee 2. Offender without good reason Delays the:

e. Article 128 – Violation of Domicile

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Qualifying circumstances [N-Nr] [Art. 128, (2), RPC]: 1. Nighttime; or 2. Papers or effects not constituting evidence of a crime are Not returned immediately after the search Mode 1 - Entrance to dwelling against the will of the Owner ● Dwelling – a building or structure, exclusively used for rest and comfort [REYES, Book 1] ● Against the Will of the Owner presupposes opposition or prohibition by the owner, whether express or implied, and not merely the absence of consent [REYES, Book 2] Mode 2 - Search without previous consent of owner ● Search – the examination of a person’s body or property or other area that a person would reasonably expect to consider as private, conducted by a law enforcement officer for the purpose of finding evidence of a crime. ● Silence of the Owner during the Warrantless Search - may show implied waiver. [REYES, Book 2] NOTES: ● Inhabitant is Sufficient – although the codes speaks of the owner of the premises, an inhabitant would be sufficient if he is the lawful occupant of the dwelling [REGALADO] ● Not Authorized by Judicial Order - when he is not armed with a search warrant duly issued by the court [Id]

f. Article 129 - Search Warrants Maliciously Obtained and Abuse in the Service of those Legally Obtained Two (2) Modes of Commission: 1. Procuring a search warrant without just cause; or

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2. Exceeding his authority or by using unnecessary severity in executing a search warrant legally procured Elements Mode 1: Procuring Search Warrant Without Just Cause [PSC]

Mode 2: Exceeding Authority or Using Unnecessary Severity in the Execution [PSE]

1. Offender is a Public officer or employee 2. He procures a 2. He has already Search warrant legally procured a Search warrant 3. There is no just 3. He Exceeds his Cause authority or uses unnecessary severity in NOTE: There is no just cause when it executing the appears on the face same of the affidavits filed in support of the application, or through other evidence, that the applicant had every reason to believe that the search warrant sought for was unjustified [REYES]

g. Article 130 - Searching Domicile Without Witnesses Elements [PASO]: 1. Offender is a Public officer or employee 2. He is Armed with search warrant legally procured 3. He Searches the domicile, papers or other belongings of any person 4. The Owner, or any members of his family, or two witnesses residing in the same locality are not present

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o Witnesses - must be of sufficient age and discretion residing within the same locality [Rule 126, Sec. 8, Rules of Court] Rationale: Search in the presence of witnesses specified by the law is mandatory to ensure regularity in the execution of the search warrant [People v. Gesmundo, G.R. No. 89373 (1993)] Crimes under Section Two - Violation of Domicile, Distinguished Search Warrants Maliciously Obtained or Abuse in its Service (Art. 129)

Violation of Domicile (Art. 128)

NO warrant is present.

SECTION

Searching Domicile Without Witnesses (Art. 130)

–

others, any petition to the authorities for the ▪ Correction of abuses; or ▪ Redress of grievances Disturbance of a Municipal Council Meeting Interrupting and dissolving the meeting of a municipal council by a public officer is a crime against a legislative body, which is in violation of Sec. 1 of Act. No. 1755 [People v. Alipit, G.R. No. 18853 (1922)] SECTION 4 - CRIMES AGAINST RELIGIOUS WORSHIP

i. Article 132 - Interruption Religious Worship

of

Elements [PRD]:

A warrant is present, BUT: (1) warrant was maliciously obtained; or (2) there was abuse in its execution 3

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A warrant is present, BUT there was a defect in its implementatio n

PROHIBITION,

INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS

h. Article 131 Prohibition, Interruption and Dissolution of Peaceful Meetings Elements [OP - PHA]: 1. Offender is a public officer or employee 2. He Performs any of the following acts: a. Prohibiting, interrupting, or dissolving, without legal ground, the holding of a peaceful meeting b. Hindering any person from: ▪ Joining any lawful association; or ▪ Attending any of its meetings c. Prohibiting or hindering any person from Addressing, either alone or together with

1. Offender is a Public officer or employee 2. Religious ceremonies or manifestations of

any religion are about to take place or are going on 3. Offender prevents or disturbs the same Qualifying circumstance: If the crime is committed with violence or threats. Actual Religious Ceremony Must be Conducted There must actually be a religious ceremony being conducted on that occasion, either by itself or in conjunction with some other activity of the religious denomination. If the offense was committed only in a meeting or rally of a sect, it would be punishable under Art. 131. [People v. Reyes, G.R. No. 13633 (1955)]

j. Article 133 - Offending Religious Feelings

the

Elements [PD - NO]: 1. Acts complained of were performed a. In a Place devoted to religious worship, or b. During the celebration of any religious ceremony

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2. The acts must be Notoriously Offensive to

the feelings of the faithful “Place devoted to religious worship” is separated by the word “or” from “During the Celebration” If the acts were performed in the place of worship, it is not necessary that there is a religious ceremony going. Similarly, so long as there is a “religious ceremony”, it need not be celebrated in a place of worship. [REYES, Book 2] Acts Notoriously Offensive to Feelings [RWP]: 1. Ridicules or makes light of anything constituting religious dogma 2. Works or scoffs at anything devoted to religious ceremonies 3. Plays with or damages or destroys any object of veneration of the faithful [People v. Baes, G.R. No. L-46000 (1939)] Whether or not an act is offensive to the religious feelings is a question of fact which must be adjudged only according to the feelings of the Catholics and not those of other faithful ones. [Id] Interruption of Religious Worship Offending the Religious Feelings Interruption of Religious Worship [Art. 132]

vs.

Offending the Religious Feelings [Art. 133]

As to the offender Public officer or employee

Any person, whether a public officer or private individual [REGALADO]

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C. CRIMES AGAINST PUBLIC ORDER [ARTS. 134 - 160] 1. Chapter I: Rebellion, Coup d’etat, Sedition, and Disloyalty a. Article 134 Insurrection

-

Rebellion

or

Elements: [PA-PRD] 1. There is a Public uprising 2. There must be taking of Arms against the government 3. The Purpose of the uprising or movement is to: a. Remove from the allegiance to the government or its laws the Philippine territory or any part thereof, or any body of land, naval, or other armed forces; or b. Deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives. The crime of rebellion is consummated At the very moment a group of rebels rise publicly and take arms against the government for the purpose of overthrowing the same by force. [REYES, Book 2]

Principle of Absorption All crimes, whether punishable under special or general law, which are mere components or ingredients, or committed in furtherance thereof, become absorbed in the crime of rebellion and cannot be isolated and charged as separate crimes themselves. [People v. Hernandez G.R. No. 6025 (1964) & Enrile v. Amin, G.R. No. 93335 (1990)] The following does not constitute Rebellion: ● Mere Silence or Omission [US v. Ravidas, G.R. No. 1503 (1903)] ● Membership in a rebel organization does not automatically qualify as rebellion. It must

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be conclusively demonstrated that criminal acts were committed in furtherance of rebellion [People v. Lovedioro, G.R. No. 112235 (1995)] Rebellion v. Treason Rebellion (Art. 134)

Treason (Art. 114)

The levying of war against the government during peace time for any purpose mentioned in Art. 134

The levying of war was meant to aid the enemy; or if it would also constitute adherence to the enemy, giving him aid and comfort

Mere adherence to the Always involves taking enemy by giving aid up arms against the and comfort is government. sufficient The purpose is merely The purpose of levying to substitute the government with the war is to help the rebels’ own form of enemy government

Elements: [MSAS] 1. Offender is a person or persons belonging to the Military or police or holding any public office or employment; 2. It is committed by means of a Swift attack accompanied by violence, intimidation, threat, strategy or stealth; 3. The attack is directed Against the duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power; 4. The purpose of the attack is to Seize or diminish state power. As to who commits the swift attack: ● It may be committed Singly or Collectively ● It Requires as a principal offender a member of the AFP, PNP, or a Public officer with or without civilian support

Insurrection (Art. 138)

A movement seeking to effect some change of Object is to completely minor importance or to prevent the exercise of overthrow and governmental authority supplant the existing with respect to government particular matters or subjects Rebellion v. Sedition Rebellion (Art. 134)

b. Article 134-A - Coup d’État

c. Art 135 - Penalty for Rebellion, Insurrection or Coup d’état

Rebellion v. Insurrection Rebellion (Art. 134)

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Sedition (Art. 139)

There must be taking It is sufficient that the up of arms against the public uprising be government. tumultuous. The purpose is always The purpose may be political. political or social.

Persons liable for rebellion, insurrection or coup d’état 1. The leaders: [PL] o Rebellion or Insurrection - any person who Promotes, maintains or heads a rebellion or insurrection; or o Coup d’etat - any person who Leads, directs or commands others to undertake a coup d’état 2. The participants: [PGSD] o Rebellion or Insurrection - any person who Participates or executes the commands of others; o Coup d’etat: ▪ Any person in the Government service who participates or executes directions or commands of others; or ▪ Any person not in the government service who participates, Supports, finances, abets or aids in undertaking a coup d’état.

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o Rebellion, Insurrection or Coup d’etat

– If under the command of unknown leaders, the following shall be Deemed as leaders of the rebel: Those who [DSS]: a. Directed the others, b. Spoke for others; or c. Signed receipts and other documents issued in their name, on behalf of the rebels.

d. Article 136 - Conspiracy and Proposal to Commit Coup d’état, Rebellion or Insurrection Punishable Acts: 1. Conspiracy to commit coup d’état, rebellion or insurrection 2. Proposal to commit coup d’état, rebellion or insurrection Elements Mode 1: Conspiracy to Commit Coup d’etat, Rebellion or Insurrection [TD] 1. Two or more persons come to an agreement to swiftly attack or to rise publicly and take arms against the Government for any of the purposes of rebellion or insurrection; 2. They Decide to commit it.

Mode 2: Proposal to Commit Coup d’etat, Rebellion or Insurrection [SP] 1. A person has decided to Swiftly attack or to rise publicly and take arms against the Government for any of the purposes of rebellion or insurrection;

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e. Article 137 - Disloyalty of Public Officers or Employees Elements: [P-CFDA] 1. Offender is a Public officer or employee; 2. Offender Commits any of the following acts: a. Failing to resist a rebellion by all the

means in their power; b. Continuing to Discharge the duties of their offices under the control of the rebels c. Accepting appointment to office under them. The crime presupposes rebellion committed by other persons. Offender must not be in conspiracy with the rebels, otherwise, he is himself guilty of rebellion. [REYES]

f. Article 138 - Inciting to Rebellion or Insurrection Elements: [AIM] 1. Offender does not take Arms or is not in open hostility against the government; 2. He Incites others to the execution of any of the acts of rebellion; 3. The inciting is done by Means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. NOTE: There is no crime of inciting to treason. [REYES, Book 2] Inciting to Rebellion v. Proposal to Commit Rebellion Proposal to Commit Rebellion

Inciting to Rebellion

As to the Commission of Rebellion itself 2. Such person

Proposes its execution to some other person or persons.

The offender induces another to commit rebellion. Rebellion should not be actually committed by the persons to whom it is proposed or who are incited. Otherwise, they become principals by inducement in the crime of rebellion. As to Decision to Commit the Rebellion

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b. To prevent the national government or

The person who There is no need that proposes has decided the offender has to commit rebellion. decided to commit rebellion.

any provincial or municipal government or any public officer from Exercising its or his functions, or prevent the execution of an administrative order; c. To Inflict any act of hate or revenge upon the person or property of any public officer or employee; d. To commit, for any political or social end, any act of hate or Revenge against private persons or any social classes; or e. To Despoil for any political or social end, any person, municipality or province, or the national government of all its property or any part thereof.

As to How Committed The person who The act of inciting is proposes the done publicly. execution of the crime uses secret means.

g. Article 139 – Sedition Elements: [PFP - PEIRD] 1. Offenders rise Publicly and tumultuously; 2. Offenders employ Force, intimidation, or other means outside of legal methods; 3. Purpose is to attain any of the following objects: a. To prevent the Promulgation or execution of any law or the holding of any popular election;

Use of Unlicensed Firearm Absorbed Under R.A. 8294 (Act Amending PD No. 1866 or the Firearms Law), sedition absorbs the use of unlicensed firearm as an element thereof; hence, it is not an aggravating circumstance, and the offender can no longer be prosecuted for illegal possession of firearm. [Boado, Comprehensive Reviewer in Criminal Law]]

Sedition v. Rebellion v. Coup d’ Etat v. Treason Sedition Rebellion Coup d’etat (Art. 134) (Art. 134-A) (Art. 139) As to the Nature of the Crime Crime against Public Order

May be political or social.

As to the Purpose Always political; to overthrow the To seize or diminish existing state power governmentAs to the Acts Committed

It is sufficient that the public uprising is tumultuous.

There must be taking up of arms against the government.

There is a swift attack accompanied by violence, intimidation, threat, strategy or stealth;

As to the Offender

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Treason (Art. 114) Crime against national security and law of the nations

To aid the Enemy

It is the violation by a subject of his allegiance to his sovereign.

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Offender belongs to the military or police or holding any public office or employment

There is no distinction as to who may commit

There is no distinction as to who may commit

As to Requirement of Public Uprising Requires a public and tumultuous uprising

Requires a public uprising, or multitude of people

No Requirement, may be carried out singly or simultaneously

No Requirement

2. He Incites others to the accomplishment of

any of the acts which constitute sedition;

h. Art. 140 - Penalty for sedition

3. The inciting is done by Means of speeches,

Art. 140. Penalty for sedition. The leader of a sedition shall suffer the penalty of prision mayor in its minimum period and a fine not exceeding 10,000 pesos. Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a fine not exceeding 5,000 pesos. (Reinstated by E.O. No. 187).

i. Article 141 - Conspiracy to Commit Sedition Elements: [TD] 1. Two or more persons come to an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition; 2. They Decide to commit it. NOTE: There is no proposal to commit sedition. [REYES, Book 2]

j. Article 142 - Inciting to Sedition Mode 1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc.

Elements: [DIM] 1. Offender does not take Direct part in the crime of sedition;

proclamations, writings, emblems, cartoons, banners, or other representations tending towards the same end. Mode 2. Uttering seditious words or speeches which tend to disturb the public peace; Mode 3. Writing, publishing, or circulating scurrilous libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace.

Elements for Modes 2 and 3: [DU - DISL] 1. Offender does not take any Direct part in the crime of sedition. 2. He Uttered words or speeches and writing, publishing or circulating scurrilous libels that: a. Tend to Disturb or obstruct any lawful officer in conducting the functions of his office; b. Tend to Instigate others to cabal and meet together for unlawful purposes; c. Suggest or incite rebellious conspiracies or riots; or d. Lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the government Words that tend to create a danger of public uprising

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If the words used tend to create a danger of public uprising, then those words could properly be the subject of a penal clause. [People vs. Perez, G.R. No. L-6025-26] Crimes where Proposal to Commit is Punishable [ReCIT] 1. Rebellion 2. Coup d’ etat 3. Insurrection 4. Treason Crimes where Conspiracy is Punishable [TRICS] 1. Treason 2. Rebellion 3. Insurrection 4. Coup d’etat 5. Sedition Crimes where Inciting is Punishable [RIS] 1. Rebellion 2. Insurrection 3. Sedition

2. Chapter II: Crimes against Popular Representation SECTION 1. Crimes against Legislative Bodies and Similar Bodies

a. Article 143 - Acts Tending to Prevent the Meeting of the Assembly and Similar Bodies Elements: [MP] 1. There is a projected or actual Meeting of Congress or any of its committees or subcommittees, constitutional committees or divisions thereof, or of any provincial board or city or municipal council or board; 2. Offender, who may be any person, Prevents such meetings by: a. Force; or b. Fraud

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b. Article 144 Proceedings

-

Disturbance

of

Elements: (CA-DB) 1. There is a meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board; 2. Offender does any of the following Acts: a. He Disturbs any of such meetings; b. He Behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it. Preventing a Meeting (Art. 143) vs Art. Disturbance of Proceeding (Art. 144) Acts tending to Disturbance of prevent the meeting Proceedings (Art. 143) (Art.144) As to Purpose Disturb the conduct of a meeting As to the Offender Can be conducted by any person (no distinction made) Prevent the meeting

SECTION 2. VIOLATION PARLIAMENTARY IMMUNITY

c. Article 145 Violation Parliamentary Immunity

OF

of

Two (2) Modes of Commission: 1. Using force against a member of Congress 2. Arrest or Search made while Congress is in session Mode 1: Using force, intimidation, threats, or frauds to prevent any member of Congress from attending the meetings of Congress or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or from expressing his opinion or casting his vote;

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Elements: [UP - AEC] 1. Offender Uses force, intimidation, threats or fraud; 2. The Purpose of the offender is to prevent any member of Congress from: a. Attending the meetings of the Congress or of any of its committees or constitutional commissions; b. Expressing his opinion; or c. Casting his vote. NOTE: The offender in mode 1 may be any person. Mode 2: Arresting or searching any member thereof while Congress is in regular or special session, except in case such member has committed a crime punishable under the Code by a penalty higher than prision mayor. Elements: [PACC] 1. Offender is a Public officer of employee; 2. He Arrests or searches any member of Congress; 3. Congress, at the time of arrest or search, is in regular or special session; 4. The member arrested or searched has not committed a Crime punishable under the Code by a penalty higher than prision mayor. Parliamentary Immunity Members of Congress cannot be arrested for offenses punishable by a penalty less than prision mayor (6 years and 1 day to 12 years), while Congress is in session. They can be prosecuted after Congress adjourns. [Art. VI, Sec. 11, 1987 Constitution]

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Art. 145, Mode 1, Using force to prevent vs Art. 143, Acts tending to prevent Violation of Parliamentary Immunity [Art. 145 (Mode 1)]

Acts Tending to Prevent the Meeting of Assembly and Similar Bodies [Art. 143]

As to Act Punished Using force, intimidation, threats, or frauds to prevent any member of Congress from attending the meetings of Congress or of any of its committees or subcommittees, etc.

The prevention of the projected or actual meeting of congress, or any of its committees or actual committee, etc.

3. Chapter III: Illegal Assemblies and Associations a. Article 146 - Illegal Assemblies Two (2) Modes of Commission: 1. Meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code 2. Meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or direct assault Mode 1 vs. Mode 2 Mode 1: For the purpose of committing any of the crimes punishable under the Code. [MAP]

Mode 2: Audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or direct assault [MAI] 1. There is a Meeting, a gathering or group of persons, whether in a fixed place or moving; 2. Meeting is 2. Meeting is attended by Armed attended by Any persons persons, whether armed or not;

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3. Purpose of the meeting is to commit any of the crimes punishable under the Code.

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3. Audience is Incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault.

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As to Act Punished What is punished are the meeting and the attendance therein

What is punished is the act of forming or organizing the association

As to Persons Liable

Persons liable for illegal assembly: a. The organizer or leaders of the meeting; or b. Persons merely present at the meeting, who must have a common intent to commit the felony of illegal assembly.

a. organizers or leaders of the a. founders, directors, meeting president b. persons present at b. members the meeting

If any person present at the meeting carries an unlicensed firearm, it will be presumed that: a. The purpose of the meeting is to commit acts punishable under the RPC; and b. He is considered a leader or organizer of the meeting.

4. Chapter IV: Assault upon, and Resistance and Disobedience to Persons in Authority and Their Agents

b. Article 147 - Illegal Associations The following are illegal associations [CM]: Associations totally or partially organized for: 1. The purpose of committing any of the Crimes punishable under the Code; 2. Some purpose contrary to public Morals.

Persons liable: Founders, directors and president of the association; Mere members of the association. Public Morals – matters which affect the interest of society and public convenience, not limited to good customs [Black’s Law Dictionary] Illegal Assembly vs. Illegal Association Illegal Assembly (Art. 146)

Illegal Association (Art. 147)

As to Requirement of Actual Meeting There must be an actual meeting or assembly

a. Article 148 - Direct Assaults Two (2) Modes of Commission: 1. Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition 2. Without public uprising, by attacking, by employing force or by seriously intimidating or by seriously resisting any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance. Mode 1 vs. Mode 2 Mode 1. For the attainment of any of the purposes of rebellion and sedition [EAN] 1. Offender Employs force or intimidation

Actual meeting not necessary

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Mode 2. Acts against any person in authority or any of his agents [AAPKN] 1. Offender makes an Attack, employs force, makes a serious intimidation, or makes a serious resistance

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2. The Aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crime of sedition

2. The person assaulted is a person in Authority or his agent; 3. At the time of the assault, the person in authority or his agent is engaged in the actual Performance of NOTE: This is official duties, or tantamount to that he is assaulted rebellion or sedition, by reason of the except that there is past performance no public uprising. of official duties 4. Offender Knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties. 3./5.There is No public uprising Under Mode 2 Classifications of direct assault [SQ]: 1. Simple assault. 2. Qualified assault. Qualifying Circumstances [WP-LH]: 1. There is a Weapon employed in the attack 2. The offender is a Public officer 3. The offender Lays Hands on a public authority “Person-in-Authority” Any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. See: Article 152 for the enumeration of persons in authority and agents of such persons in authority Public Officer Not in Authority If the public officer is not a person in authority, the assault on him is an aggravating

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circumstance in Art. 14, no. 3 (rank). There must be, however, intent to disregard the victim’s rank. [BOADO]

b. Article 149 - Indirect Assaults Elements: (FAU) 1. A person in authority or his agent is the victim of any of the Forms of direct assault defined in Article 148; 2. A person comes to the Aid of such authority or his agent; 3. Offender makes Use of force or intimidation upon such person coming to the aid of the authority or his agent. NOTES: Indirect assault presupposes that direct assault was committed.

c. Article 150 - Disobedience to summons issued by the National Assembly, its Committees or Subcommittees, or divisions Acts Punishable: [OSARI] Mode 1: By refusing, without legal excuse, to Obey summons of Congress, its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees or divisions, or by any commission or committee chairman or member authorized to summon witnesses; Mode 2: By refusing to be Sworn or placed under affirmation while being before such legislative or constitutional body or official; Mode 3: By refusing to Answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions; Mode 4: By Restraining another from attending as a witness in such legislative or constitutional body;

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Mode 5: By Inducing disobedience to a summons or refusal to be sworn by any such body or official.

d. Article 151 - Resistance and Disobedience to a Person in Authority or the Agents of Such Person. Mode 1 vs. Mode 2 Mode 1: Resistance and Serious Disobedience [PRI] 1. A person in authority or his agent is engaged in the Performance of official duty or gives a lawful order to the offender 2. Offender Resists or seriously disobeys such person in authority or his agent 3. The act of the offender is not Included in the provision of Articles 148, 149 and 150.

Mode 2: Simple disobedience [ADS] a. An Agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender b. Disobeys such agent of a person in authority

c. Such disobedience is not of a Serious nature.

Resistance and Serious Disobedience The accused must have knowledge that the person giving the order is a peace officer. [US v. Bautista, supra.]

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Serious Disobedience v. Direct Assault Serious Disobedience (Art.151)

Direct Assault (Art. 148)

Person in authority or his agent must be in actual performance of his duties

Person in authority or his agent must be engaged in the performance of official duties or he is assaulted by reason of the past performance of official duties

Committed only by Committed in two resisting or seriously modes (see Art. 148, disobeying a person in Mode 2 above) authority or his agent Use of force in resistance is not so serious

There is force employed

e. Article 152 - Persons in authority and agents of persons in authority Persons in Authority Persons, whether an individual or as a member of some court or government corporation, directly vested with jurisdiction, power and authority to govern and execute the laws. Examples: 1. Barrio captain 2. Barangay Chairman 3. Municipal mayor 4. President of sanitary division 5. Provincial fiscal 6. Teachers and Professors 7. Those charged with the supervision of public or duly recognized private schools, colleges and universities Agent of Person in Authority Person charged with: (1) the maintenance of public order, and (2) the protection and security of life and property. Examples: 1. Barrio Captain

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2. 3. 4. 5.

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Barrio Councilman Barrio Policeman Barangay Leader Any person who comes to the aid of a person in authority

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Prohibition of Peaceful Tumultuous Disturbance

5. Chapter V: Public Disorders

Prohibition, Interruption and Dissolution of Peaceful Meetings (Art. 131) Offender is a public officer, who is NOT a participant (Stranger)

a. Article 153 - Tumults and Other Disturbances of Public Order Acts Punishable: [SIODB] Mode 1: Causing any Serious disturbance in a public place, office or establishment. Mode 2: Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is not included in Arts. 131 (prohibition, interruption and dissolution of peaceful meetings) and 132 (interruption of religious worship). Mode 3: Making any Outcry tending to incite rebellion or sedition in any meeting, association or public place. Mode 4: Displaying placards or emblems which provoke a disturbance of public order in such place; Mode 5: Burying with pomp the body of a person who has been legally executed. Qualifying Circumstance: If the disturbance or interruption caused is of a tumultuous character. ● Tumultuous – if caused by more than three (3) persons who are armed or provided with means of violence

Meetings

vs.

Tumultuous Disturbance (Art. 153)

Offender is a private individual who is NOT a participant (stranger)

Inciting to Sedition or Rebellion v. Mode 3 of Art. 153 Inciting to Sedition or Rebellion (Art. 131)

Mode 3 (Art. 153)

As to the manner of commission May be done through speech or writing

Done only through speech (outcry)

As to intent

Done with intent to induce the hearers or readers to commit the crime of rebellion or sedition

More of unconscious outburst which is not intentionally calculated to induce others to commit such crimes

As to the Nature of the Speeches Involved The nature of the speeches in both acts are either rebellious or seditious

b. Article 154 - Unlawful Use of Means of Publication and Unlawful Utterances Punishable Acts: [FDMP] Mode 1: Publishing or causing to be published, by means of printing, lithography or any other Page 146 of 277

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means of publication, as news any False news which may endanger the public order, or cause damage to the interest or credit of the State. Mode 2: Encouraging Disobedience to the law or to the constituted authorities or praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches. Mode 3: Maliciously publishing or causing to be published any official document or resolution without proper authority, or before they have been published officially. Mode 4: Printing, publishing or distributing (or causing the same) books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous. NOTE: Actual public disorder or actual damage to the credit of the State is not necessary. The mere possibility of causing such danger or damage is sufficient [REYES, Book 2].

c. Article 155 - Alarms and Scandals Punishable Acts: [DIDC] Mode 1: Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause (which produces) alarm or danger; Mode 2: Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility. Mode 3: Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements. Mode 4: Causing any disturbances or scandal in public places while intoxicated or otherwise, provided Art. 153 (tumults and other disturbances of public order) is not applicable. ● Under Art. 153, disturbance must be of a serious nature.

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Note: “Calculated to cause” should be “which produces” alarm and danger according to the correct translation of the RPC. Hence, the result, and not the intent, that counts. [REYES, Book 2]

d. Article 156 - Delivering Prisoners from Jail Elements: [CR] 1. There is a person Confined in a jail or penal establishment; and 2. Offender Removes therefrom such person or helps the escape of such person. Consent or connivance necessary to hold public officer guilty: It is necessary that the public officer had consented to, or connived in, the escape of the prisoner under his custody or charge. [Alberto v. Dela Cruz, G.R. No. L-31839 (1980)] Officer must not be the custodian of the prisoner If the offender is a public officer who had the prisoner in his custody or charge, he is liable for infidelity in the custody of a prisoner under Art. 223. If three persons are involved, the crimes committed are as follows: 1. Conniving with or Consenting to Evasion (Art. 223) – committed by a public officer who is in custody or charge of the prisoner 2. Delivering Prisoners from Jail (Art. 156) – committed by the stranger who helped in the escape 3. Evasion of service of sentence (Art. 157) – committed by the prisoner who escaped

6. Chapter VI: Evasion Service of Sentence

of

Evasion of Service of Sentence vs. Evasion of Service of Sentence on the Occasion of Calamities vs. Other Cases of Evasion

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Evasion of Other Service of Evasion of Cases of Sentence on Service of Evasion the Occasion Sentence (Art. 159) of Calamities (Art. 157) (Art. 158) As to the Offender Convicted by final judgment Convicted by Convict and is final judgment who was deprived of and is granted liberty (need confined in a conditional not be penal pardon confined. institution e.g., destierro) As to Circumstances Surrounding the Evasion Escapes during the Escapes occasion of Violated the during the disorders, terms of his term of his conflagrations conditional imprisonmen , pardon t earthquakes, or other calamities As to the Harm Inflicted Does not infringe on the right of another An attempt at least to evade person nor the penalty inflicted by the does it courts upon criminals and disturb the thus defeats the purpose of public the law of either reforming or order; punishing them for having merely an disturbed the public order. infringemen t of the stipulated terms Nature of Offenses

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Evasion of service of sentence is a continuing offense [Parulan v. Director of Prisons, G.R. No. L-28519 (1968)].

a. Article 157 - Evasion of Service of Sentence Elements: [CSE] 1. Offender is a Convict by final judgment; 2. He is Serving sentence which consists in the deprivation of liberty; 3. He Evades service of his sentence by escaping during the term of his imprisonment. Qualifying circumstances as to penalty imposed if such evasion or escape takes place: [EBPC] 1. By means of unlawful Entry (this should be by scaling [Reyes]); 2. By Breaking doors, windows, gates, walls, roofs or floors; 3. By using Picklock, false keys, disguise, deceit, violence or intimidation; or 4. Through Connivance with other convicts or employees of the penal institution. Applicable to Destierro One who, sentenced to destierro by virtue of final judgment, and prohibited from entering the City of Manila, enters said city within the period of his sentence, is guilty of evasion of sentence under Article 157. [People v. Abilong, supra]

b. Article 158 - Evasion of Service of Sentence on the Occasion of Disorders, Conflagrations, Earthquakes, or Other Calamities Elements: [CC-DEESM-EF] 1. Offender is a Convict by final judgment, who is confined in a penal institution; 2. There is Disorder, resulting from – a. Conflagration; b. Earthquake; c. Explosion; d. Similar catastrophe; or e. Mutiny in which he has not participated;

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3. He Evades the service of his sentence by

leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny; 4. He Fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. Failure to Return Leaving the penal establishment is not the basis of criminal liability. What is punished is the failure to return within 48 hours after the passing of the calamity, conflagration or mutiny had been announced. Effect of Surrendering within 48 hours Convicts who shall give themselves up to the authorities within 48 hours from the issuance of a proclamation, shall be entitled to the deduction provided for under Art. 98 (one -fifth of the period of his sentence).

c. Article 159 - Other Cases of Evasion of Service of Sentence Elements: [CGV] 1. Offender was a Convict; 2. He was Granted a conditional pardon by the Chief Executive; and 3. He Violated any of the conditions of such pardon. Conditional Pardon A contract between the Chief Executive, who grants the pardon, and the convict, who accepts it. Since it is a contract, the pardoned convict is bound to fulfill its conditions and accept all its consequences according to its strict terms. [People v. Pontillas, G.R. No. L45267 (1938)] Guilty of a Subsequent Offense Offender must be found guilty of subsequent offense before he can be prosecuted under Article 159. [Torres v. Gonzales, G.R. No. 76872 (1987)]

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7. Chapter VII: Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense a. Article 160 - Commission of another crime during service of penalty imposed for another previous offense - Penalty Elements: [CN] 1. Offender was already Convicted by final judgment of one offense; 2. He committed a New felony before beginning to serve such sentence or while serving the same. Pardon. Pardon is to be given to a convict who: 1. Is not a habitual criminal; 2. Is already at the age of seventy (70) years; and 3. Has already served out his original sentence or if he completing it after reaching such age Exception: If by reason of his conduct, he is deemed not worthy of such clemency Quasi-recidivism A special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same. He shall be punished by the maximum period of the penalty prescribed by law for the new felony. [People vs. Bernal, G.R. No. 44988 (1936)] As to the act committed The first crime for which the offender is serving sentence need not be a felony. [People v. Peralta, G.R. No. L-19069 (1968)] The word “another” does not mean that the new felony be different from the one for which the offender is serving sentence [People v. Yabut, 58 Phil. 499 (1933)]

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Quasi-Recidivism Reiteracion

vs.

Offense

Recidivism

vs.

Nature

The 2 offenses need not be Quasiembraced in the same title of Recidivism the Code There was a 2nd conviction for Recidivism an offense embraced in the same title of the Code Offender has been previously punished of: 1. One (1) offense – to which the law attaches equal or greater penalty; or 2. Two (2) offenses – to Reiteracion which the law attaches lighter penalty Offenses need not be embraced in the same title of the Code. See: Discussion under Multiple Offenders for detailed discussion

D. CRIMES AGAINST PUBLIC INTEREST [Arts. 161-187] 1. Chapter I: Forgeries SECTION 1. FORGING THE SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS, THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE

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Acts Punished [SSS]: Forging the: 1. Great Seal of the Government of the Philippines; 2. Signature of the President; or 3. Stamp of the President. Forgery Falsely making or materially altering, with intent to defraud, any writing which, if genuine, might apparently be of legal efficacy or the foundation of a legal liability. [Black’s Law Dictionary]

b. Article 162 – Using Forged Signature or Counterfeit Seal or Stamp Elements: [SKU] 1. The Great Seal of the Republic was counterfeited or the signature or stamp of the Chief Executive was forged by another person; 2. Offender Knew of the counterfeiting or forgery; and 3. He Used the counterfeit seal or forged signature or stamp. NOTE: Offender under this article should not be the forger. Otherwise, he will be penalized under Article 161. The participation of the offender is in effect that of an accessory. [REYES, Book 2] Although the general rule is that he should be punished by a penalty of two degrees lower, under Article 162 he is punished by a penalty only one degree lower. [Id.]

1. Acts of Counterfeiting SECTION 2. COUNTERFEITING COINS

a. Article 161 – Counterfeiting the Great Seal of the Government of the Philippine Islands, Forging the Signature or Stamp of the Chief Executive

c. Article 163 – Making and Importing and Uttering False Coins Elements: [FMC] 1. There be False or counterfeited coins; 2. Offender either Made, imported or uttered such coins;

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In case of uttering such false or counterfeited coins, he Connived with the counterfeiters or importers.

“Mutilation” means to take off part of the metal either by filling it or substituting it for another metal of inferior quality. [REYES, Book 2]

Kinds of Coins Covered by the Crime 1. Silver coins of the Philippines or coin of the Central Bank (CB); 2. Coins of minor coinage of the Philippines or CB; or 4. Coin of the currency of a foreign country [REYES, Book 2]

Foreign coins are not covered in this article. [Id.]

3.

“To utter” To utter is to pass counterfeited coins. It includes delivery or the act of giving them away. A counterfeited coin is uttered when it is paid, when the offender is caught counting the counterfeited coins preparatory to the act of delivering them, even though the utterer may not obtain the gain he intended [Decisions of the Supreme Court of Spain] To import is to bring into port To import fake coins means to bring them into port. The importation is complete before entry at the Customs House. [US v. Lyman, 26 Fed. Cas. 1024 (1818)] Punishable regardless of whether or not it is in official circulation The reason behind this is not only the harm that it may cause to the public in case it goes into circulation again, but also the possibility that the counterfeiter may later apply his trade to the making of coins in actual circulation. [People v. Kong Leon, C.A., 48 O.G. 664]

Elements of Importing or Uttering Mutilated Coins: [IC] 1. Offender Imported or uttered mutilated coins; and 2. In case of uttering, the offender must have Connived with the mutilator or importer PD 247: Prohibiting and Penalizing Defacement, Mutilation, Tearing, Burning or Destruction of Central Bank Notes and Coins It shall be unlawful for any person to willfully deface, mutilate, tear, burn or destroy, in any manner whatsoever, currency notes and coins issued by the Central Bank of the Philippines.

e. Article 165 – Selling of False or Mutilated Coin, without Connivance Acts Punished: 1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated; or 2. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated.

d. Article 164 – Mutilation of Coins Acts Punished [MI] 1. Mutilating coins of the legal currency; or 2. Importing or uttering such mutilated coins Elements of Mutilation: [LG] 1. Coin mutilated is of Legal tender; and 2. Offender Gains from the precious metal dust abstracted from the coin

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Mode 1 vs. Mode 2

Requirement of Legal Tender

Mode 1: Possession with intent to utter false or mutilated coin

Mode 2: Actually uttering such false or mutilated coin

Elements: [PIK] 1. Possession of counterfeited or mutilated coin; 2. With Intent to utter; and 3. With Knowledge of such defect/s.

Elements: [UK] 1. Actually Uttering such false or mutilated coin; and 2. With Knowledge of such defect/s.

Coins must be silver coins of the Phil. or CB, or coin of minor coinage or currency of a foreign country

Making and Importing and Uttering [Art. 163]

Mutilating [Art. 164]

Selling of False or Mutilated Coin [Art. 165]

That a false or counterfeited coin is made, imported or uttered

That a coin is mutilated, or that such mutilated coin is imported or uttered

That coin is counterfeited or mutilated or actually uttered

As to Foreign Coins Counterfeitin g of foreign currency is punishable

Mutilating foreign coins is not punishable under this article

There must be connivance with the counterfeiter s or importers

Counterfeitin g of foreign currency is punishable

There must be connivance with the mutilator or importer in case of uttering

No requirement of connivance in case of uttering

SECTION 3. FORGING TREASURY OR BANK NOTES, ONLIGATIONS AND SECURITIES; IMPORTING AND UTTERING FALSE OR FORGED NOTES, OBLIGATIONS AND SECURITIES

f.

Punishable Acts

Not required to be legal tender

Requirement of Connivance in case of Uttering

Constructive Possession Possession prohibited in this article is not only actual and physical possession, but also that of a constructive one, or the subjection of the thing to one’s control. The possessor should not be the counterfeiter, mutilator or importer of the coins. [REYES, Book 2] Making and Importing and Uttering vs. Mutilating

Must be of legal tender

Article 166 – Forging Treasury or Bank Notes or Other Documents Payable to Bearer; Importing and Uttering Such False or Forged Notes and Documents

Elements: [B-FImU] 1. There is an instrument payable to Bearer; and 2. The offender commits any of the following acts: a. Forged or falsified a treasury or bank note or a document payable to bearer; b. Imported such false or forged obligations or notes; or c. Uttered such false or forged obligations or notes in connivance with the forgers or importers.

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“Forging” – By giving any treasury or bank note, or any instrument payable to bearer, or to order the appearance of a true and genuine document. [REYES, Book 2] “Falsification” – By erasing, substituting, counterfeiting or altering by any means, the figures, letters, words, or signs contained therein. [Id.] When Payable to Bearer: [N.I.L.] 1. When expressed to be so payable 2. When payable to a person named therein or bearer 3. When payable to the order of a fictitious or non-existing person, and such fact was known to the person making it so payable 4. When the name of the payee does not purport to be the name of any person 5. When the only or last endorsement is an endorsement in blank.

g. Article 167 – Counterfeiting, Importing, and Uttering Instruments Not Payable to Bearer Elements: [OFC] 1. There is an Instrument payable to Order or other document of credit not payable to bearer; 2. Offender either Forged, imported or uttered such instrument; and 3. In case of uttering, he Connived with the forger or importer. When Payable to Order An instrument is payable to order where it is drawn payable to the order of a specified person or to him or his order. [N.I.L] 2. Acts of Forgery

h. Article 168 – Illegal Possession and Use of False Treasury or Bank Notes and Other Instruments of Credit

CRIMINAL LAW

Elements: [N-KUPo] 1. Any treasury or bank Note or certificate or other obligation and security: a. There is an instrument payable to bearer, to order or other document of credit not payable to bearer; b. Said instrument is forged or falsified by another person; 2. Offender Knows that any of those instruments is forged or falsified; and 3. He either – a. Uses any of such forged or falsified instruments; or b. Possesses the same, with intent to use Presumption of Material Author The rule is that if a person had in his possession a falsified document and he made use of it, taking advantage of it and profiting thereby, the presumption is that he is the material author of the falsification. [People v. Sendaydiego, G.R. No. L-33254 (1978)]

i. Article 169 – How Forgery is Committed Acts punished [GE] 1. By Giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document; or 2. By Erasing, substituting, counterfeiting, or altering by any means the figures, letters, words, or sign contained therein. Forgery includes falsification counterfeiting. [REYES, Book 2]

and

Possession and Knowledge Possession of genuine treasury notes of the Philippines, any of “the figures, letters, words or signs contained” in which had been erased and/or altered, with knowledge of such erasure and alteration, and with the intent to use such notes in enticing another to advance funds for the avowed purpose of financing the manufacture of counterfeit treasury notes of the Philippines, is punishable under Art. 168 in

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relation to Art. 166 (1). [Del Rosario v. People, G.R. No. L-16806 (1961)] How Forgery May be Committed Forgery can be committed through the use of genuine paper bills that have been withdrawn from circulation, by giving them the appearance of some other true and genuine document. [People v. Galano, C.A. 54 O.G. 5899] SECTION 4. FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL, AND PRIVATE DOCUMENTS AND WIRELESS, TELEGRAPH AND TELEPHONE MESSAGES 3. Acts of Falsification

j. Article 170 – Falsification Legislative Documents

of

Elements: [BAACh] 1. There is a Bill, resolution or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council; 2. Offender Alters the same; 3. He has no proper Authority; and 4. Alteration has Changed the meaning of the documents. Falsification v. Forgery Forgery [Art. 169] Falsification [Art. 170] As used in Article 169, forgery refers to the falsification and counterfeiting of treasury or bank notes or any instruments payable to bearer or to order

The commission of any of the 8 acts mentioned in Article 171 on legislative (only the act if making alteration) or public or official, commercial or private documents or wireless or telegraph messages.

CRIMINAL LAW

k. Article 171 – Falsification by Public Officer, Employee or Notary or Ecclesiastical Minister Elements: [PAF - CApAUDMAI] 1. Offender is a Public officer, employee, or notary public; 2. He takes Advantage of his official position; and 3. He Falsifies a document by committing any of the following acts: a. Counterfeiting or imitating any handwriting, signature or rubric; b. Causing it to Appear that persons have participated in any act or proceeding when they did not in fact so participate; c. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them; d. Making Untruthful statements in a narration of facts; e. Altering true Dates; f. Making any alteration or intercalation in a genuine document which changes its Meaning; g. Issuing in an Authenticated form: ● A document purporting to be a copy of an original document when no such original exists, or ● Including in such a copy a statement contrary to, or different from, that of the genuine original; and h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. Ecclesiastical Minister’s Liability The ecclesiastical minister is liable with respect to any record or document that its falsification may affect the civil status of persons [REYES, Book 2]]. Offender Takes Advantage of his Official Position When: 1. He has the duty to make or prepare, or intervene in the preparation of the document; or

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2.

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He has the official custody of the document he falsifies. [Id.]

Document A document is any written statement by which a right or status is established or an obligation is extinguished. [Id.] Par. 1: Counterfeiting or imitating any handwriting, signature or rubric. [Id.] Acts Punished: [CI] 1. Counterfeiting - imitating any handwriting, signature or rubric; or a. There should be an intent to imitate, or an attempt to imitate b. Two signatures, the genuine and the forged, should bear some resemblance. 2. Imitating (Feigning) - simulating a signature, handwriting or rubric out of one which does not actually exist. Par. 2: Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. [Id.] Elements: [AN] 1. Offender caused it to Appear in a document that a person/s participated in an act or proceeding. 2. Such person/s did Not in fact participate. Par. 3: Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them [Id.] Elements: [PSA] 1. Person/s Participated in an act or proceeding 2. Such person/s made Statements in that act or proceeding; and 3. Offender, in making a document, Attributed to such person/s statements other than those they in fact made.

CRIMINAL LAW

Elements: [D-OFW] 1. Offender makes in a Document statements in a narration of facts 2. He has a legal Obligation to disclose truth of facts 3. Facts narrated are absolutely False; and 4. Perversion of truth in the narration was made with the Wrongful intent of injuring a third person. Narration of Facts Required There must be narration of facts, not conclusion of law. [Beradio v. CA, G.R. Nos. L49483-86 (1981)] The person making the narration of facts must be aware of the falsity of the facts narrated by him. [REYES, Book 2] Falsification by Omission There can be falsification by omission. An assistant bookkeeper is guilty of falsification by intentionally not putting a record in his personal account of chits and destroying them so he could avoid paying the same. [People v. Dizon, G.R. No. 144026 (2006)] Par. 5: Altering true dates [Id.] Elements: [DA] 1. Date must be essential 2. Alteration of the date must affect the veracity of the documents or the effects thereof (such as dates of birth, marriage, or death). NOTE: This pertains to alteration of a true date (not a non-existent date). An example would be the alteration of dates on official receipts to prevent discovery of malversation. [Typoco Jr v. People, G.R. Nos. 221857 & 222020 (2017)] Date Must be Essential Falsification under this paragraph only when the date mentioned in the document is essential. The alteration of the date or dates in a document must affect either the veracity of the document or the effects thereof. [REYES, Book 2]

Par. 4: Making untruthful statements in a narration of facts [Id.]

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Date of Birth, Marriage and Death are Essential The dates of birth, marriage and death are essential, because without them the documents "cannot produce any legal effect. [id.] Par. 6: Making any alteration or intercalation in a genuine document which changes its meaning [Id.] Elements: [A-GAF] 1. There be an Alteration (change) or intercalation (insertion) on a document. 2. It was made on a Genuine document. 3. Alteration or intercalation has changed the meaning of the document. 4. Change made the document speak something False. Change or Insertion Must Affect the Integrity of the Document Change or insertion must affect the integrity or effects of the document. Furthermore, the alteration should make the document speak something false. Otherwise, it would merely be a correction. [REYES, Book 2] Par 7: Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original [Id.] Persons Liable 1. Custodian - Authentication of a document can only be made by the custodian or the one who prepared and retained a copy of the original. a. Purporting to be a copy of the original when no such original exists. b. Including in a copy a statement contrary to, or different from, that of the genuine original. 2. Private Person - a private person who cooperates with a public officer in the falsification of a public document is guilty of the crime and incurs the same liability and penalty. [id.]

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Par. 8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book. Pars. 1 to 5 May be a genuine (later falsified) or an entirely fabricated document

l.

Pars. 6 to 8 There must be a genuine document

Article 172 – Falsification by Private Individual and Use of Falsified Documents

Types of Documents: Public Document – a document created, executed or issued by a public official in response to the exigencies of the public service, or in the execution of which a public official intervened. [US v. Asensi, G.R. No. 11165 (1916)] Official Document – a document which is issued by a public official in the exercise of the functions of his office. [Id.] Commercial Document – any document defined and regulated by the Code of Commerce or any other commercial law. They are used by merchants or businesspersons to promote or facilitate trade or credit transactions. [Malabanan v. Sandiganbayan, G.R. Nos. 186329, 186584, 198598 (2017)] Mode 1: Falsification of public, official or commercial document by a private individual Elements: [NoFaDo] 1. Offender is a Private individual or Public officer or employee who did Not take advantage of his official position; 2. He committed any act of Falsification (Art. 171); 3. The falsification was committed in a public, official, or commercial Document or letter of exchange.

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Mode 2: Falsification of private document by any person

document through negligence or imprudence. [REYES, Book 2]

Elements: [F-eII-PD] 1. Offender committed any of the acts of Falsification except Article 171(7), that is: a. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or b. Including in such a copy a statement contrary to, or different from, that of the genuine original; 2. Falsification was committed in any Private document; 3. Falsification causes Damage to a third party or at least the falsification was committed with intent to cause such damage.

Exceptions: In case of public and commercial documents: The existence of a wrongful intent to injure a third person is not necessary when the falsified document is a public document. [Siquian v. People, supra.]

Mode 3: Use of falsified document

Presumption The possessor of a falsified document is presumed to be the author of the falsification. [People v. Manansala, G.R. No. L-38948 (1933)]

Elements in introducing in a judicial proceeding [KFI] 1. Offender Knew that the document was falsified by another person; 2. The False document is in Articles 171 or 172 (1 or 2); 3. He Introduced said document in evidence in any judicial proceeding. Elements in use in any other transaction [KEUD] 1. Offender Knew that a document was falsified by another person; 2. False document is Embraced in Articles 171 or 172 (1 or 2); 3. He Used such document; 4. The use caused Damage to another or at least used with intent to cause damage.

If the document is intended by law to be part of the public or official record, the falsification, although it was private at the time of falsification, is regarded as falsification of a public or official document [REYES, Book 2] This statement applies as well to commercial documents, because as to this kind of document, a credit is sought to be protected. [REYES, Book 2]

Prescription In the crime of falsification of a public document, the prescriptive period commences from the time the offended party had constructive notice of the alleged forgery after the document was registered with the Register of Deeds [People v. Villalon, G.R. No. 43659 (1990)] Falsification by Falsification by Public Officer, Private Individual Employee or Notary and Use of Falsified or Ecclesiastical Documents [Art. Minister [Art. 171] 172] As to Offender

Wrongful Intent Not Required in Public Documents General Rule: Wrongful intent is required in falsification of private documents. Falsification through imprudence implies lack of such intent, thus there is no crime of falsification of a private

Committed by any public officer, employee, or notary

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Committed by any private individual, or any person who commits such punishable acts.

As to Acts Committed

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Acts involve falsification of documents by CAAUDMAI (See: Art. 171 discussion).

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Acts involve falsification of documents by CAAUDMAI (See: Art. 171 discussion). Documents falsified may pertain to: Any public or official document, or letter of exchange, or commercial documents

m. Article 173 – Falsification of Wireless, Cable, Telegraph and Telephone Messages, and Use of Said Falsified Messages Mode 1: Uttering fictitious telegraph or telephone message

wireless,

Elements: [UO] 1. Offender is an Officer or employee of the government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message; and 2. He Utters fictitious wireless, cable, telegraph or telephone message. Mode 2: Falsifying wireless, telegraph or telephone message Elements: [SF] 1. Offender is an officer or employee of the government or an officer or employee of a private corporation, engaged in the Service of sending or receiving wireless, cable or telephone message; and 2. He Falsifies wireless, cable, telegraph or telephone message. Mode 3: Using such falsified message Elements: [KUR] 1. Offender Knew that wireless, cable, telegraph, or telephone message was falsified by an officer or employee of the government or an officer or employee of a

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private corporation engaged in the service of sending or receiving wireless, cable or telephone message; 2. He Used such falsified dispatch; and 3. The use Resulted in the prejudice of a third party or at least there was intent to cause such prejudice. Employee of a Corporation A private individual cannot be a principal by direct participation in falsification of telegraphic dispatches under Article 173, unless he is an employee of a corporation engaged in the business of sending or receiving wireless, telegraph or telephone messages. But a private individual can be held criminally liable as principal by inducement. [REYES, Book 2] SECTION 5. FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFICATES OF MERIT OR SERVICE AND THE LIKE

n. Article 174 – False Medical Certificates, False Certificates of Merits of Service, Etc. Persons liable [Ph-PO-Pr] 1. Physician or surgeon - issues a false certificate in connection with the practice of his profession (it must refer to the illness or injury of a person); 2. Public Officer - issues a false certificate of merit of service, good conduct or similar circumstances; or 3. Private person - falsifies a certificate falling within the classes mentioned in the two preceding subdivisions.

o. Article 175 Certificates

–

Using

False

Elements: [IKU] 1. False certificate was Issued by the following: a. Physician or surgeon issues a false Medical certificate, in connection with the practice of his profession;

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b. Public officer issues a false certificate of Merit of service, good conduct or similar circumstances; c. Private Person falsifies a certificate falling within the 2 preceding subdivisions. 2. Offender Knows that the certificate was false; 3. He Uses the same SECTION 6. MANUFACTURING, IMPORTING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS INTENDED FOR THE COMMISSION OF FALSIFICATION

p. Article 176 – Manufacturing and Possession of Instruments or Implements for Falsification Acts punished: [MII] 1. Making or Introducing into the Philippines any stamps, dies, marks, or other instruments or implements for counterfeiting or falsification; or 2. Possession with Intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person. Constructive Possession As in Article 165, the possession contemplated here is constructive possession. The implements confiscated need not form a complete set. [REYES, Book 2]

2. Chapter II: Other Falsities SECTION 1. USURPATION OF AUTHORITY, RANK, TITLE, AND IMPROPER USE OF NAMES, UNIFORMS AND INSIGNIA

a. Article 177 – Usurpation Authority or Official Functions

of

Mode 1: Usurpation of Authority (no connection with the office represented)

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Elements: [KO] 1. Offender Knowingly and falsely represents himself; 2. As an Officer, agent or representative of any department or agency of the Philippine government or of any foreign government. The mere act of knowingly and falsely representing oneself to be an officer is sufficient. It is not necessary that he perform an act pertaining to a public officer. [REYES, Book 2] Mode 2: Usurpation of Official Functions. (excess of authority) Elements: [PAP-WiL] 1. Offender Performs any act; 2. Act pertains to any person in Authority or public officer of the Philippine government or any foreign government, or any agency thereof; 3. Under Pretense of official position; 4. Without being Lawfully entitled to do so. In usurpation of official functions, it is essential that the offender should have performed an act pertaining to a person in authority or public officer, in addition to other requirements. [REYES, Book 2] Good Faith as Defense In prosecutions for usurpation of official functions, good faith is recognized as a defense. [Ruzol v. Sandiganbayan, G.R. Nos. 186739-960] Good faith is a state of mind denoting honesty of intention and freedom from knowledge of circumstances which ought to put the holder upon inquiry. [Tiongco v. People G.R. Nos. 218709-10]

b. Article 178 – Using Fictitious and Concealing True Name Mode 1: Using Fictitious Name Elements: [NaP-CED] 1. Offender uses a Name other than his real name;

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2. He uses the fictitious name Publicly; 3. Purpose of use is to: a. Conceal a crime; b. Evade the execution of a judgment; or c. Cause Damage Damage Must be to Public Interest If the purpose is for causing damage, it must be damage to public interest. If it is damage to private interest, the crime will be estafa under Art 315 2(a). [REYES, Book 2] Mode 2: Concealing True Name Elements: [CoP] 1. Offender Conceals his true name and other personal circumstances; 2. Purpose is only to conceal his identity. Use of Fictitious Name vs. Concealment of True Name Use of Fictitious Concealing True Name Name Element of Publicity

Publicity not necessary

Purpose is to conceal Merely to conceal a crime, evade identity. execution of judgment, cause damage)

c. Article 179 – Illegal Uniforms and Insignia

Use

of

Elements: [Us-ON-I] 1. Offender makes Use of insignia, uniforms or dress; 2. The insignia, uniforms or dress pertains to an Office Not held by such person or a class of persons of which he is not a member; 3. Said insignia, uniform or dress is used publicly and Improperly. NOTE: Wearing the uniform of an imaginary office is not punishable [REYES, Book 2].

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Intent to Deceive General Rule: The offender must make use of insignia, uniforms or dresses with intent to deceive. Exceptions: Intent is not necessary under: 1. RA No. 492 – punishes the wearing of insignia, badge or emblem of rank of the members of the AFP. [Sec. 2] 2. RA No. 75 – punishes the unauthorized wearing of any naval, military, police or other official uniform, decoration or regalia of a foreign State or one nearly resembling the same, with intent to deceive or mislead. [Sec. 3] 3. EO No. 297 – punishes the illegal manufacture, sale, distribution and use of PNP uniforms, insignias and other accoutrements. SECTION 2. FALSE TESTIMONY

d. Article 180 – False Testimony Against a Defendant Elements: [P-TKA] 1. There is a criminal Proceeding; 2. Offender Testifies falsely under oath against the defendant therein; 3. Offender Knows that it is false; 4. Defendant against whom the false testimony is given is either Acquitted or convicted in a final judgment. Liability of Witness Witness who gave the false testimony is liable even if his testimony was not considered by the court. [REYES, Book 2] Finality of Judgment Complainant must wait for the finality of judgment in the case where the false testimony was given because the penalty for the violation of Art. 180 depends upon the penalty imposed by the court in the case of the defendant, wherein the false testimony was given.

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Rule: Defendant must be sentenced to at least a correctional penalty or a fine, or must be acquitted. Hence, when the accused is sentenced by arresto menor, he shall not be liable for false testimony [REYES, Book 2].

e. Article 181 – False Testimony Favorable to the Defendant Elements: [GFC] 1. A person Gives false testimony; 2. In Favor of the defendant; 3. In a Criminal case. Testimony need not be Beneficial to the Defendant The testimony need not be beneficial to the defendant. It is not necessary that the testimony should directly influence the decision of acquittal, it is sufficient that it was given with the intent to favor the accused. [REYES, Book 2]

f. Article 182 – False Testimony in Civil Cases Elements: [FaC-RK-KMI] 1. False testimony is given in a Civil case; 2. Testimony Relates to the issues presented in said case; 3. Offender Knows that testimony is false; 4. Testimony is Malicious; and 5. It was given with an Intent to affect the issues in said case. Suspension of Criminal Action Pending the determination of the falsity of the subject testimonies in the civil case, the criminal action for false testimony must be suspended. [REYES, Book 2]

g. Article 183 – False Testimony in Other Cases and Perjury in Solemn Affirmation Acts Punished [TM] 1. Falsely Testifying under oath; or

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2. Making a false affidavit. NOTE: The false testimony should not be in a judicial proceeding. [Diaz v. People, G.R. No. L-65006 (1990)] Perjury Perjury is a crime other than false testimony under Arts. 180 to 182; it is an offense which covers false oaths not taken in the course of judicial proceedings. [US v. Estraña, G.R. No. 5751 (1910)] Elements of Perjury: [MaBe-WiRe] 1. Offender Makes a statement under oath or executes an affidavit upon a material matter; 2. Statement or affidavit is made Before a competent officer, authorized to receive and administer oaths; 3. Offender makes a Willful and deliberate assertion of a falsehood in the statement or affidavit; 4. The sworn statement or affidavit containing the falsity is Required by law; made for a legal purpose. Oath – Any form of attestation by which a person signifies that he is bound by conscience to perform an act faithfully and truthfully. [REYES, Book 2] Affidavit – sworn statement in writing; declaration in writing, made upon oath before an authorized magistrate or officer. [Id] No Perjury through Negligence or Imprudence This is because of the requirement that the assertion of a falsehood be made willfully and deliberately. Hence, good faith or lack of malice is a defense in perjury. [Id] Subornation of Perjury Subornation of perjury is committed by a person who knowingly and willfully procures another to swear falsely and the witness suborned does testify under circumstances rendering him guilty of perjury as a principal by

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inducement. [US v. Ballena, 18 Phil. 382 (1912)] Material vs. Relevant vs. Pertinent [REYES] Material Relevant Pertinent Directed to Tends in any prove a fact in reasonable issue degree to establish probability or improbability of a fact in issue

Concerns collateral matters which make more or less probable the proposition at issue

NOTE: There is no perjury if the sworn statement is not important, essential or material. [US v. Jurado, G.R. No. 10719 (1915)] Perjury [Art. 183]

Statement is made before a competent officer, under oath.

Untruthful Statements in a Narration of Facts [Art. 171 par. 4] Statement is made in a document, in a narration of facts.

h. Article 184 – Offering Testimony in Evidence

False

Elements: [OK-Ma] 1. Offender Offers in evidence a false witness or testimony; 2. He Knows that the witness or the testimony was false; 3. The offer was Made in any judicial or official proceeding.

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3. Chapter III: Frauds SECTION 1. MACHINATIONS, MONOPOLIES AND COMBINATIONS

a. Article 185 – Machinations in Public Auctions Crime is Consummated by: [SA] 1. Mere Solicitation of gift or promise as consideration for not bidding, or 2. By mere Attempt to cause prospective bidders to stay away from an auction. Mode 1: Soliciting Gifts or Promises

Mode 2: Attempting to cause bidders to stay away by threats, gifts, promises or any other artifice

1. There is a Public auction 2. Offender Solicits any gift or a promise from any of the bidders

2. Offender Attempts to cause the bidders to stay away from that public auction

3. Such gift or 3. It is done by promise is the Threats, gifts, Consideration for promises or any his refraining from other artifice taking part in that public auction 4. Offender has the Intent to cause the reduction of the price of the thing auctioned.

Offer of Evidence Offer of evidence begins at the moment a witness is called to the stand and interrogated by counsel. The witness must testify. [Rules of Court, Rule 132]

b. Article 186 – Monopolies and Combinations in Restraint of Trade NOTE: This article has been repealed by the Philippine Competition Act, which was signed into law on July 21, 2015.

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SECTION 2. FRAUDS IN COMMERCE AND INDUSTRY

c. Article 187 – Importation and Disposition of Falsely Marked Articles or Merchandise Made of Gold, Silver, or other Precious Metals or their Alloys Elements: [Im-FaK] 1. Offender Imports, sells or disposes of any of those articles or merchandise (i.e. gold, silver, other precious metals or their alloys) 2. The stamps, brands, or marks of those articles of merchandise Fail to indicate the actual fineness or quality of said metals or alloys 3. Offender Knows of such failure to indicate the actual fineness or quality of the metals or alloys Article 187 does not apply to the manufacturer of misbranded articles – he would be liable for estafa under Art. 315(2)(b). [REYES, Book 2]

E. CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS [Arts. 190 to 194] COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (R.A. 9165, AS AMENDED BY RA 10640) NOTE: R.A. No. 9165, as amended by RA 10640 has repealed Book Two, Title V (Crimes Relative to Opium and Other Prohibited Drugs) of the RPC. Definition of Terms: 1. Dangerous Drugs (DD) - Those listed in the schedules annexed to the: a. 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol; and b. 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex

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which is an integral part of this Act. [Sec. 3(j), RA 9165] 2. Controlled Precursors and Essential Chemicals (CP & EC) - Include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of this Act. [Sec. 3(h), RA 9165] 3. Drug Syndicate - Any organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under this Act. [Sec. 3(o), RA 9165] 4. Financier - Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under this Act. [Sec. 3(q), RA 9165] 5. Protector or Coddler - Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows, or has reasonable grounds to believe on or suspects, has violated the provisions of this Act in order to prevent the arrest, prosecution and conviction of the violator. [Sec. 3(ee), RA 9165] 6. Pusher - Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions, in violation of this Act. [Sec. 3(ff), RA 9165] ACTS PUNISHABLE UNDER RA 9165: 1. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs

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and/or Controlled Precursors and Essential Chemicals [Sec. 5, RA 9165]

himself/herself unless administered by a duly licensed practitioner for purposes of medication. [Sec. 3(a), RA 9165]

Punishable Acts [ST-A-DiDeDi-T]: Acts Sale of DD and/or CP/EC [PP]

Trading

Elements/Definition There must be: ● Proof that the transaction or sale took place; and ● Presentation in court of the corpus delicti or illicit drug as evidence [People v. Turemutsa, G.R. No. 227497, (2019)] Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to, text messages, email, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration in violation of this Act. [Sec. 3(jj), RA 9165]

Administrating Any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in administering a dangerous drug to

Dispensation

Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of prescription. [Sec. 3(m), RA 9165]

Delivery

Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration. [Sec. 3(k), RA 9165]

Distribution Transportation

-

NOTE: In the Illegal sale of DD and/or CP/EC, presentation of the buy-bust money is not indispensable to the prosecution of a drug case [People v. Martin, G.R. No. 193234, (2011)] Maximum Penalty is Imposed [100 - UVF]: a. If the illegal activities transpire within 100 meters from a school [Sec. 5 (3), RA 9165]; b. Using minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemical trade [Sec. 5 (4), RA 9165]; c. If the Victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug and/or a controlled

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precursor and essential chemical involved in any offense herein provided be the proximate cause of death of a victim thereof [Sec. 5 (5), RA 9165]; d. On any person who organizes, manages or acts as a “Financier” of any of the illegal activities. [Sec. 5 (6), RA 9165]; 2. Possession of Dangerous Drugs [Sec. 11, RA 9165] Elements: [PNF] a. The accused is in Possession of an item or object, which is Identified to be prohibited or regulated drug b. Such possession is Not authorized by law; and c. The accused Freely and consciously possessed the drug [People v. Trinidad, G.R. No. 199898, (2014) citing People v. Quiamanlon, G.R. No. 191198 (2011)] Constructive Possession Exists when the drug is under the dominion and control of the accused or when he has the right to exercise dominion and control over the place where it is found. [id.] NOTE: Exclusive possession or control is not necessary. [id.] Presumption of Possession When prohibited and regulated drugs are found in a house or other building belonging to and occupied by a particular person, the presumption arises that such person is in possession of such drugs in violation of law, and the fact of finding the same is sufficient to convict [People v. Torres, G.R. No. 170837, (2006)] Possession is Absorbed in the Sale of DD Possession of prohibited or dangerous drugs is absorbed in the sale thereof [People v. Posada, G.R. No. 196052, (2015)]

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Committed by a person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test [Sec. 15, RA 9165] NOTE: Section 15 shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of this Act (Possession of Dangerous Drugs), in which case the provisions stated therein shall apply [id.] Confirmatory Test An analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test. [Sec. 3 (f), RA 9165] Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable [Sec. 25, RA 9165] OTHER PUNISHABLE ACTS: 1. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals [Sec. 4, RA 9165] 2. Maintenance of a Den, Dive or Resort. [Sec. 6, RA 9165]

Den, Dive or Resort A place where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form. [Sec. 3(l), RA 9165]

3. Use of Dangerous Drugs [Sec. 15, RA 9165]

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3. Employees and Visitors of a Den, Dive or Resort. [Sec. 7, RA 9165] Acts Punished: [EV] 1. Employment in a den, dive or resort, by an employee who is aware of the nature of the place as such; and 2. Visiting of any person, not being included in (1), who is aware of the nature of the place as such and shall knowingly visit the same. Employee of a Den, Dive or Resort The caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, distributed, sold or used, with or without compensation, in connection with the operation thereof [Sec. 3(p), RA 9165] 4. Manufacturing Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. [Sec. 8, RA 9165] Manufacturing The production, preparation, compounding or processing of any DD and/or CP and EC, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include any packaging or repackaging of such substances, design or configuration of its form, or labeling or relabeling of its container [Sec 3(u), RA 9165] Exception: Does not include the preparation, compounding, packaging or labeling of a drug or other substances by a duly authorized practitioner as an incident to his/her administration or dispensation of such drug in the course of his/her professional practice including research, teaching and chemical analysis of dangerous drugs or such substances that are not intended for sale or for any other purpose. [id.]

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Presence of CP and/or EC as Prima Facie Evidence The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. [Sec. 8(3), RA 9165] Aggravating Circumstances [Sec. 8(3), RA 9165] If the clandestine laboratory is undertaken or established under the following circumstances [M-100-BCE]: a. Any phase of the manufacturing process was conducted in the presence or with the help of Minor/s; b. Any phase or manufacturing process was established or undertaken within one hundred (100) meters of a residential, business, church or school premises; c. Any clandestine laboratory was secured or protected with Booby traps; d. Any Clandestine laboratory was concealed with legitimate business operations; or e. Any Employment of a practitioner, chemical engineer, public official or foreigner. 5. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. [Sec. 9, RA 9165] Chemical Diversion The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud. [Sec. 3(d), RA 9165] 6. Manufacturing or Delivering of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. [Sec. 10, RA 9165]

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7. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs. [Sec. 12, RA 9165] Possession of such Equipment as Prima Facie Evidence of Use The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for any of the purposes 14. enumerated in the preceding paragraph shall be prima facie evidence that the possessor has smoked, consumed, administered to himself/herself, injected, ingested or used a dangerous drug and shall be presumed to have violated Section 15 (Use of Dangerous Drugs) of this Act. [Sec. 12 (2), RA 9165] 8. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. [Sec. 13, RA 9165] Any person found possessing any dangerous drug during a party, or at a social gathering or meeting, or in the proximate company of at least two (2) persons, shall suffer the maximum penalties provided for in Section 11 of this Act (Possession of Dangerous Drugs), regardless of the quantity and purity of such dangerous drugs [id.] 9. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings or in the proximate company of at Least 2 People [Sec. 14, RA 9165] 10. Cultivation

or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. [Sec. 16, RA 9165]

11. Failure in Maintaining and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals in Accordance with Sec. 40 of RA 9165 [Sec. 17, RA 9165]

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12. Unnecessary Prescription of Dangerous Drugs. [Sec. 18, RA 9165] The practitioner who unnecessarily prescribed the dangerous drugs will have his/her license to practice revoked [id.] 13. Unlawful Prescription of Dangerous Drugs. [Sec. 19, RA 9165] “Planting" of any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and purity [Sec. 29, RA 9165] “Planting” of Evidence The willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching directly or indirectly, through any overt or covert act, whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in the person, house, effects or in the immediate vicinity of an innocent individual for the purpose of implicating, incriminating or imputing the commission of any violation of this Act. [Sec. 3 (cc), RA 9165] Immunity from Prosecution [Sec. 33] Any person shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given, and may plead or prove the giving of such information and testimony in bar of such prosecution, when the person: [VIT] 1. Violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act: 2. Voluntarily gives Information about; a. Any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate, or b. Any information leading to the whereabouts, identities and arrest of all or any of the members thereof; 3. Who willingly Testifies against such persons;

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Conditions which must concur in order for the person to enjoy Immunity from Prosecution: [NN-CMC] 1. The information and testimony are Necessary for the conviction of the persons described above; 2. Such information and testimony are Not yet in the possession of the State; 3. Such information and testimony can be Corroborated on its material points; 4. the informant or witness has not been previously convicted of a crime involving Moral turpitude, except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness; and 5. The informant or witness shall strictly and faithfully Comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. [Sec. 33(1-5), RA 9165] NOTE: The above provision operates in spite of the provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991 [Sec. 33, RA 9165] Immunity may be Enjoyed by a Witness Who Does Not Appear to be the Most Guilty Immunity may be enjoyed by an informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given. Provided, there is no direct evidence available for the State except for the information and testimony of the said informant or witness. [id.] Termination of the Grant of Immunity The immunity granted to the informant or witness shall not attach: [Sec. 34, RA 9165] 1. Should it turn out subsequently that the information and/or testimony is false or made only for the purpose of harassing or in any way prejudicing the persons described in the preceding Section.

2.

CRIMINAL LAW

In case an informant or witness under this Act fails or refuses to testify without just cause, and when lawfully obliged to do so, or should he/she violate any condition accompanying such immunity as provided above.

NOTE: In case the informant or witness referred to under this Act falls under the applicability of this Section hereof, such individual cannot avail of the provisions under Article VIII of this Act (Program for Treatment and Rehabilitation of Drug Dependents). [Sec. 34(3), RA 9165] CHAIN OF CUSTODY RULE [SEC. 21, R.A. 9165, AS AMENDED BY RA 10640] Chain of Custody The duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure/confiscation, to receipt in the forensic laboratory, to safekeeping, to presentation in court for destruction. [Dangerous Drugs Board Resolution No. 1, Series of 2002, Implementing RA 9165, Sec. 1(b)] Procedure [Sec. 21, 9165, as amended by RA 10640] PDEA shall take charge and have custody of all dangerous drugs, plant sources of DDs, CPs and ECs, as well as instruments/paraphernalia and/or laboratory equipment confiscated, seized and/or surrendered, for proper disposition in the ff manner: [PP-SCFI-BCP] 1. Apprehending team having initial custody shall conduct a physical Inventory of the seized items and Photograph the same in: a. The presence of the accused or the person/s from whom such items were confiscated and/or seized; or b. His/her representative or counsel, with: i. An elected public official; and ii. Representative of the National Prosecution Service or the

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media who shall be required to sign the copies of the inventory and be given a copy thereof. Place of Conducting Inventory and Photograph a. Place where the search warrant is served; or b. Nearest police station; or c. Nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures. 2. Submit items confiscated within 24 hours to the PDEA Forensic Laboratory for a qualitative or quantitative examination; 3. Certification of the forensic laboratory examination results, shall be issued immediately upon the receipt of the subject item/s. Partial Laboratory Examination Report – allowed to be issued provisionally when the volume of the items do not allow the completion of testing within the time frame, stating the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided, a final certification shall be issued immediately upon completion of the said examination and certification; 4. Filing of a criminal case in court; 5. After the filing, the Court shall, within 72 hours, conduct an ocular Inspection of the confiscated, seized and/or surrendered items; 6. PDEA, within 24 hours, shall thereafter proceed with the destruction or burning of the items, in the presence of the following: a. Accused or representative or counsel; and b. Representative from: i. Media; ii. DOJ, iii. Civil society groups; and iv. Any elected public official.

CRIMINAL LAW

7. Sworn Certification shall be issued by the Dangerous Drugs Board, as to the fact of destruction or burning of the items. A representative sample, however, shall be submitted to the court having jurisdiction over the case. 8. After the Promulgation and judgment in the criminal case, the representative sample, with leave of court and after informing the board of the termination of the case, the prosecutor shall request the turn over of the representative sample to the PDEA for proper disposition and destruction within 24 hours from receipt. LAPSES IN PROCEDURE Minor Lapses Failure of the apprehending team to strictly comply with the procedure laid out in Section 21 of RA 9165 and its IRR does not ipso facto render the seizure and custody over the items as void and invalid. [People v. Lim, G.R. No. 223556, (2017)] Two Conditions that Must be Complied with To Justify a Minor Procedural Lapse The prosecution must satisfactorily prove that: 1. There is Justifiable ground for noncompliance; and 2. The integrity and evidentiary value of the seized items are properly Preserved. [id.] Unjustified Failure to Comply Results to the Acquittal of the Accused Unjustified failure of the authorities to comply with Sec. 21 raises reasonable doubt on the authenticity of the corpus delicti. [People v. Gaa, G.R. No. 222559, (2018)] Rationale: suffices to rebut the presumption of regularity in the performance of official duties, acquitting the accused from liability. [id.] PLEA BARGAINING Section 23 of Republic Act No. 9165 is declared unconstitutional for being contrary to the rule-making authority of the Supreme Court [Estipona v. Lobrigo, G.R. No. 226679, (2017)]

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NOTE: The SC, in the exercise of its rulemaking power, has issued OCA Circular 902018 (May 4, 2018) to enjoin the courts to comply with AM No. 18-03-16 (Adoption of the Plea Bargaining Framework in Drugs Cases).

F. CRIMES AGAINST PUBLIC MORALS 1. Chapter Betting

I:

Gambling

and

a. ANTI-GAMBLING LAW (PD. 1602 as amended by RA 9287 [ANTIILLEGAL NUMBERS GAMES LAW]) NOTE: Articles 195-199 of the RPC, R.A. 3063 (Horse racing Bookies), P.D. 449 (Cockfighting), P.D. 483 (Game Fixing), P.D. 510 (Slot Machines) in relation to Opinion Nos. 33 and 97 of the Ministry of Justice, P.D. 1306 (Jai-Alai Bookies) and other City and Municipal Ordinances or gambling which are inconsistent with this decree are hereby repealed [Sec. 3, PD 1602] Gambling Gambling is any game or scheme, whether upon chance or skill, wherein wagers consisting of money, articles or value or representative of value are at stake or made [REYES, Book 2] ACTS PUNISHED: [TaP-PoM-BaS] Note: Article 195, which enumerates the acts punishable, has been wholly repealed by Sec. 1, PD 1602. 1. Taking part, directly or indirectly, in any illegal or unauthorized activities or games of: a. Cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; b. Cara y cruz, pompiang and the like; c. 7-11 and any game using dice;

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d. Black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pangguingue and other card games; e. Paik que, high and low, mahjong, domino and other games using plastic tiles and the likes; f. Slot machines, roulette, pinball and other mechanical contraptions and devices; g. Dog racing, boat racing, car racing and other forms of races; h. Basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fixing, point shaving and other machinations; i. Banking or percentage game, or any other game scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value are at stake or made; 2. Knowingly Permitting any form of gambling referred to in the preceding subparagraph to be carried on in an inhabited or uninhabited place or in any building, vessel or other means of transportation owned or controlled by him. Qualifying Circumstance: If the place where the illegal gambling is carried on has a reputation of a gambling place or that prohibited gambling is frequently carried on therein, or the place is a public or government building or barangay hall, a higher penalty will be imposed [Sec. 1(a)(1), PD 1602] 3. Possessing any lottery list, paper or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the mentioned games of lotteries and numbers which have taken place or about to take place, knowingly and without lawful purpose in any hour of any day. 4. Maintaining or conducting above gambling schemes.

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Maintainer, Manager or Operator Any person who maintains, manages or operates any illegal number game in a specific area from whom the coordinator, controller or supervisor, and collector or agent take orders. [Sec. 2(i), RA 9287]

Informer’s Reward Any person who shall disclose information that will lead to the arrest and final conviction of the malefactor shall be rewarded 20% of the cash money or articles of value confiscated or forfeited. [Sec. 3, PD 1602]

Conductor A person who sets up and furnishes the means with which to carry on the gambling game or scheme. [REYES, Book 2]

Lottery It is a scheme for the distribution of prizes by chance among persons who have paid, or agreed to pay, a valuable consideration for the chance to obtain a prize [U.S. v. Filart, G.R. No. 10263, (1915)]

Qualifying Circumstance: If the maintainer, conductor or banker of said gambling schemes is a government official, or where such government official is the player, promoter, referee, umpire, judge or coach, the official shall be temporarily absolutely disqualified and higher penalty will be imposed [Sec. 1(c), PD 1602] 5. Failing to abate illegal gambling or take action in connection therewith by a Barangay official who has knowledge of the existence of a gambling house or place in his jurisdiction. 6. Any Security officer, security guard, watchman, private or house detective of hotels, villages, buildings, enclosures and the like which have the reputation of a gambling place or where gambling activities are being held. Spectators are Not Liable in Gambling A mere bystander or spectator in a gambling game is not criminally liable because he does not take part therein. [U.S. vs. Palma, G.R. No. 2188, (1905) Playing for Money is Not an Essential Element When the law names the games, punishing any person who take part therein, its purpose is to prohibit absolutely those games regardless whether or not money is involved [REYES, Book 2]

Elements: [CCP] 1. Consideration; 2. Chance; and 3. Prize or some advantage or inequality in amount or values which is in the nature of a prize [Uy v. Palomar, G.R. No. L-23248, (1969)] No Lottery when there is Full Value of Money There is no lottery when there is full value for money and the prize is merely incidental, this is because the player obtains full value of his money.

b. INCREASING THE PENALTY FOR ILLEGAL NUMBERS GAMES (PD 9287) Illegal Numbers Game Any form of illegal gambling activity which uses numbers or combinations thereof as factors in giving out jackpots. [Sec. 2(a), RA 9287] Persons Liable [Sec. 3, RA 9287]: The law punishes any person who participates in any illegal numbers game who: [BS-VCCMFC] 1. Acts as a Bettor; 2. Acts as a Personnel or Staff of an illegal numbers game operation; 3. Allows his Vehicle, house, building or land to be used in the operation of the illegal numbers games; 4. Acts as a Collector or agent;

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5. Acts as a Coordinator, controller or supervisor; 6. Acts as a Maintainer, manager or operator; 7. Acts as a Financier or capitalist; and 8. Acts as protector or Coddler.

Possession of Gambling Paraphernalia as Prima Facie evidence Possession of any gambling paraphernalia and other materials used in the illegal numbers game operation shall be deemed prima facie evidence of any offense covered by this Act. [id.]

c. Article 196 – Importation, Sale and Possession of Lottery Tickets and Advertisements Acts Punished: [IPSS] 1. Importing into the Philippines from any foreign place or port any lottery ticket or advertisement; 2. Possessing, knowingly and with intent to use, lottery tickets or advertisements; 3. Selling or distributing the same in connivance with the importer; and 4. Selling or distributing the same without connivance with the importer [REYES, Book 2] Presumption of Intent The possession of any lottery ticket or advertisement is prima facie evidence of an intent to sell, ditribute or use the same [Art. 196 (3), RPC] Lottery Tickets Need Not be Genuine It is not necessary that the lottery tickets be genuine, as it is enough that they be given the appearance of lottery tickets [U.S. vs. Reyes, G.R. 7260, (1912)]

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d. Article 197 – Betting in Sports Contests (Repealed by PD 483) PENALIZING BETTING, GAME FIXING OR POINT-SHAVING AND MACHINATIONS IN SPORT CONTESTS (PD 483) Prohibited Acts Game-fixing, point-shaving, machination, as defined in the preceding section, in connection with the games of basketball, volleyball, softball, baseball; chess, boxing bouts, "jaialai", "sipa", "pelota" and all other sports contests, games or races; as well as betting therein except as may be authorized by law [Sec. 2, PD 483] Betting Betting money or any object or article of value or representative of value upon the result of any game, races and other sports contest. [Sec. 1(a), PD 483] Game-fixing Any arrangement, combination, scheme or agreement by which the result of any game, races or sports contests shall be predicted and/or known other than on the basis of the honest playing skill or ability of the players or participants. [Sec. 1(b), PD 483] Point-shaving Any such arrangement, combination, scheme or agreement by which the skill or ability of any player or participant in a game, races or sports contests to make points or scores shall be limited deliberately in order to influence the result thereof in favor of one or other team, player or participant therein. [Sec. 1(c), PD 483] Game-machinations Any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of influencing the result of any game, races or sport contest. [Sec. 1(d), PD 483]

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Offenders Punished [Sec. 3, PD 483]: [OOG] 1. An Official, such as promoter, referee, umpire, judge, or coach in the game, race or sports contests, or the manager or sponsor of any participating team, individual or player therein, or participants or players in such games, races or other sports contests; 2. Any other Offender; 3. An official or employee of any Government office or agency concerned with the enforcement or administration of laws and regulations on sports.

e. Article 198 – Illegal Betting On Horse Races [Repealed by Act. 309, as amended by RA 983] Acts Punished: [BM] 1. Betting on horse races during the periods not allowed by law; and 2. Maintaining or employing a totalizer or other device or profit therefrom, during periods not allowed by law. Games and Amusements Board The supervision and regulation of horse-races in the Philippines shall be vested in a Commission on Races (now called the Games and Amusements Board) [RA 309, as amended by RA 983] Totalizer A Machine for registering and indicating the number and nature of bets made on horse races. [id.]

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Days When Horse Racing is Allowed vs. Days when Horse Racing is NOT Allowed [RA 309 Sec. 4, as amended by Sec. 1, RA. 983] Days When Horse Racing is Permitted [SSH - IRVTF]

Days When Horse Racing is Not Permitted [JD-VTF]

1. Sundays not reserved by the Commission; 2. 24 Saturdays as determined by the Commission; and 3. Legal Holidays, except: a. Independence Day; b. Rizal Day; c. Registration or Voting day; d. Holy Thursday; and e. Good Friday

1. July 4th of each year [RA 137] 2. December 30 of each year [RA 229] 3. Any registration or Voting day [RA 180] 4. Holy Thursday and Good Friday

Race held the Same Day is a Separate Offense Any race held in the same day at the same place shall be held punishable as a separate offense [Art. 198(2), RPC]

f. Article 199 – Illegal Cockfighting [amended by PD 449] Cockfighting Shall embrace and mean the commonly known game or term "cockfighting derby, pintakasi or tupada", or its equivalent terms in different Philippine localities. [Sec. 4(a), PD 449] Persons Liable [Art. 199, as amended by PD 449]: [DOrC-FA] 1. Any person who directly or indirectly participates in cockfights, by betting money or other valuable things on a Day other than those permitted by law;

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2. Any person who directly or indirectly, Organizes cockfights at which bets are made, on a day other than those permitted by law; 3. Any person who directly or indirectly participates in cockfights, at a place other than a licensed Cockpit. 4. When the offender is the Financer, owner, manger or operator of cockpit, or the gaffer, referee or bet taker in cockfights; or 5. Allowing, promoting or participating in any other kind of gambling in the premises of cockfights during cockfights. Days Cockfighting is allowed [Sec. 5(d), PD 449]: 1. Sundays; 2. Legal Holidays, EXCEPT: a. Rizal Day; b. Independence Day; c. National Heroes Day; d. Holy Thursday; e. Good Friday; f. Election or Referendum Day; and g. During the Registration Days for Election or Referendum; 3. During local fiestas for not more than 3 days; and 4. During provincial, city or municipal, agricultural, commercial or industrial fair, carnival or exposition for a similar period of 3 days Spectators in a Cockfight Are Not Liable The decree [PD 449] does not punish a person attending as a spectator in a cockfight. [REYES, Book 2]

3. The highly scandalous conduct is Not expressly falling within any other Art. of the RPC; and 4. The act/s complained of be committed in a Public place or within the Public knowledge or view [U.S. v. Samaniego, G.R. No. 5115, (1909)] Grave Scandal Consists of acts which are offensive to decency and good customs which, having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same. [REYES, Book 2] Decency Propriety of conduct, proper observance of the requirement of modesty, good taste, etc. [id.] Customs Established usage and social conventions carried on by tradition and enforced by social disapproval of any violation thereof [id.] Act/s Must be Performed In: 1. Public place; or 2. Private place within public knowledge or view [U.S. v. Samaniego, G.R. No. 5115, (1909)] Public Place vs. Private Place [REYES, Book 2] Public Place

Elements: [PSNP] 1. The offender Performs an act/acts; 2. Such act/s are highly Scandalous as offending against decency or good customs;

Private Place

Public View Requirement Public view is not required

2. Chapter II: Offenses Against Decency and Good Customs a. Article 200 – Grave Scandal

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Public view or public knowledge is required.

Degree of Publicity Criminal Liability arises irrespective of whether the immoral act is open to the public’s view.

Degree of publicity is an essential element of the crime.

NOTE: When the act is committed at night, in a private house, and only one person was

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present, this does not constitute the degree of publicity which is an essential element of the crime [U.S. v. Catajay, G.R. No. 2785, (1906)]

b. Article 201 – Immoral Doctrines, Obscene Publications and Exhibitions and Indecent Shows (as amended by PD 960 and 969) Persons Liable: [PA-ExGSRDC-S] 1. Those who shall Publicly expound or proclaim doctrines openly contrary to public morals; 2. Authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners/operators of the establishment selling the same; NOTE: Author is liable only when it is published with his knowledge [REYES, Book 2] 3. Those who, in theaters, fairs, cinematographs or any other place, Exhibit, indecent or immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue hereof, and shall include those which: a. Glorify criminals or condone crimes; b. Serve no other purpose but to satisfy the market for violence, lust or pornography; c. Offend any race or Religion; d. Tend to abet traffic in and use of prohibited Drugs; and e. Contrary to law, public order, morals, and good customs, established policies, lawful orders, decrees and edicts 4. Those who shall Sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals. Distribution is the Act Punished Hence, the isolated, casual or occasional act of giving such kind of literature to a single recipient is not punishable. [REYES, Book 2]

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Definition of Terms: 1. Moral - Implies conformity with the generally accepted standards of goodness or rightness in conduct or character, sometimes, specifically to sexual conduct [Id.] 2. Indecency - An act against the good behavior and a just delicacy [id.] 3. Obscenity - Something offensive to chastity, decency or delicacy [U.S. v. Kottinger, G.R. No. L-20569, (1923)] Publicity is Essential to be Liable Mere possession of obscene materials, without intention to sell, exhibit, or give them away, is not punishable since the purpose of the law is to prohibit the dissemination of obscene materials to the public. [Fernando v. CA, G.R. No. 159751, (2006)] Mere Nudity in Pictures or Paintings is Not Obscenity The proper test is whether the motive of the picture, as indicated by it is pure or impure [People vs. Serrano, CA-G.R. No. 5566-R, (1950)]

c. Article 202 – Vagrants and Prostitutes (as amended by RA 10158) Vagrancy [REYES, Book 2] The loitering around of a person in public or private places, without apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling. They may be: 1. An Idle or dissolute person who lodges in houses of ill-fame 2. Ruffian or pimp; or 3. One who habitually associates with prostitutes. NOTE: RA 10158 has decriminalized Vagrancy, thus Art. 202 now penalizes prostitution only and all pending cases that that were or are under the provisions of Article 202 of the RPC on Vagrancy prior to its amendment

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by this RA 10158 shall be dismissed upon effectivity of the Act. [Sec. 2, RA 10158] Mendicancy Law [PD 1563] Mendicant Refers to any person, except those enumerated in Section 4 of PD 1563 who has no visible and legal means of support, or lawful employment and who is physically able to work but neglects to apply himself to some lawful calling and instead uses begging as a means of living [Sec. 3 (a), PD No. 1563] Persons Not Considered as Mendicants: [I8-15] 1. Infants; 2. Child below 8 yrs. found begging or utilized by the Mendicant; and 3. Minor over 9 yrs., under 15 found: a. Begging or is being utilized for the purposes of begging; and b. Acted without discernment [Sec. 4, PD No. 1563] Persons Liable Under the Mendicancy Law: [MA] 1. Mendicant; 2. Any person who Abets mendicancy by giving alms directly to mendicants, exploited infants and minors on public roads, sidewalks, parks and bridges shall be punished by a fine.

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instead uses begging as a means of living.

Prostitution [Art. 202(2), RPC] A woman is a prostitute when: 1. She Habitually indulges in: a. Sexual intercourse, or b. Lascivious conduct 2. For Money or profit. The Following are NOT Acts of Prostitution: 1. One sexual encounter for money does not make a woman a prostitute [REYES, Book 2] 2. Several intercourses with different men does not make a woman a prostitute, if there is no evidence that she indulged in sexual intercourse for money or profit. [id.]

G. CRIMES COMMITTED BY PUBLIC OFFICERS RPC may be given extra-territorial application under Article 2 (5) for these crimes.

Vagrancy vs. Mendicancy Vagrancy [Art. 202, RPC]

Mendicancy [Sec. 3(a), PD. 1563]

Preliminary

a. Article 203 – Who Are Public Officers

As to Offender Without apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling.

1. Chapter I: Provisions

Without apparent means of support, or lawful employment and who is physically able to work but neglects to apply himself to some lawful calling and

Elements [P-SEA-LEA]: A public officer is one who: 1. Takes part in the Performance of public functions in the government; 2. Performs in said government or in any of its branches public duties as an Employee, Agent or Subordinate official, of any rank or class; and

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3. His authority to take part in the performance of public functions or to perform public duties must be: a. By direct provision of the Law; b. By popular Election; or c. By Appointment by competent authority

2. Chapter II: Malfeasance and Misfeasance in Office

“Public Officers” Includes Every Public Servant The term “public officers” embraces every public servant from the highest to lowest rank. The distinction between “officer” and “employee” for the purposes of the RPC is obliterated. [Macalino v. Sandiganbayan, G.R. Nos. 140199-200 (2002)]

Misfeasance (see Arts 204-207: acts by a judge) Improper performance of some act which might lawfully be done [id.]

It includes elective and appointive officials and employees, permanent or temporary: 1. Career or non-career service, including military and police personnel, whether compensated or not [Sec. 3(b), RA 6713] 2. Classified or unclassified or exempt service receiving compensation, even nominal, from the government. [Sec. 2(c), RA 3019] What are Considered “Official Duties” Includes those which are in one’s capacity to perform by reason of his office. [Dacumos v. Sandiganbayan, G.R. No. 95000 (1991)] Coverage of GOCCs GOCCs created by law are covered while GOCCs registered with the SEC (including sequestered companies) are not. [Macalino v. Sandiganbayan, G.R. Nos. 140199-200 (2002)] Based on RA 8249, presidents, directors, trustees, and managers of all GOCCs, regardless of type, are subject to the jurisdiction of the Sandiganbayan when they are involved in graft and corruption. [People v. SB, G.R. No. 167304 (2009)]

Malfeasance (Direct Bribery and Indirect Bribery) The performance of an act which ought not to be done [REYES, Book 2]

Nonfeasance (Prosecution) Omission of some act which ought to be performed [id.] SECTION 1. DERELICTION OF DUTY

a. Article 204 – Knowingly Rendering Unjust Judgment; and b. Article 205 – Judgment Rendered Through Negligence Elements Knowingly Rendering Judgement Rendered Unjust Judgement Through Negligence (Art. 204) [JSUK] (Art. 205) [JSMN] 1. Offender is a Judge 2. He renders a judgment in a case Submitted to him for decision 3. Judgment is Unjust

3. Judgment is Manifestly unjust

4. Judge Knows that his judgment is unjust

4. It is due to his inexcusable Negligence or ignorance

As to Requirement of Bad Faith Required. Accordingly, mere error which was committed in good faith is a proper defense [Heirs of Yasin v. Felix, A.M. No. RTJ-94-1167 (1995)].

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Not required 205 because it is based on negligence or ignorance.

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Judgment A final order which disposes of the whole subject matter or terminates a particular proceeding or action, leaving nothing to be done but to enforce by execution what has been determined [Funk v. Santos Ventura Hocorma Foundation, Inc, G.R. No. 212346 (2016)] Test to Determine an Unjust Order or Judgment The test to determine whether an order or judgment is unjust is that such may be inferred from the circumstances that it is contrary to law or is not supported by evidence. [Louis Vuitton S.A. v. Judge Villanueva, A.M. No. MTJ-92-643 (1992)] Unjust v. Manifestly Unjust Judgement [REYES, Book 2] Unjust Judgement

Manifestly Unjust Judgement

One which is contrary to law or is not supported by the evidence, or both.

One which is so manifestly contrary to law that even a person having basic knowledge of the law cannot doubt the injustice. Abuse of discretion or mere error of judgment is not punishable.

Sources of Unjust Judgement [ERB] 1. Error, 2. Ill will or Revenge, or 3. Bribery. [REYES, Book 2] Declaration that Decision/Order is Unjust Before a criminal action against a judge for violation of Articles 204 and 205 can be entertained, there must be a trial or authoritative judicial declaration that his decision or order is really unjust which may result from either an action of certiorari or prohibition in a higher court. [De Vera v. Pelayo, G.R. No. 137354 (2000)]

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Not Applicable to Collegiate Courts The offense refers only to a judgment of an individual judge in his court, and not to the judgment rendered in a collegial court by the members thereof. [In Re: Wenceslao Laureta, G.R. No. L-68635 (1987); In Re: Joaquin T. Borromeo, A.M. No. 93-7-696-0 (1995)] Rationale: This is because collegiate courts reach their collective judgement after due deliberation and consultation among the members. [id.]

c. Article 206 – Unjust Interlocutory Order Elements [J-KuMi]: 1. Offender is a Judge; and 2. He performs any of the following acts: a. Knowingly rendering an unjust interlocutory order or decree; or b. Rendering a Manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. Interlocutory Orders If the order leaves something to be done in the trial court with respect to the merits of the case, it is interlocutory. If it does not, it is final. [Miranda v. CA, G.R. No. L-33007 (1976)]

d. Article 207 – Malicious Delay in the Administration of Justice Elements [JP-DeM]: 1. Offender is a Judge; 2. There is a Proceeding in his court; 3. He Delays in the administration of justice; and 4. The delay is Malicious, that is, with deliberate intent to inflict damage on either party in the case.

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e. Article 208 Offenses; Tolerance

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– Prosecution of Negligence and

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committed by the law violator must be proved first. [US v. Mendoza, G.R. No. 7540 (1912)]

Mode 1: Refraining Mode 2: Tolerating from Instituting the Commission of Prosecution [PNM] Offenses [PTM]

Liability of Offender 1. Liability is as a principal in dereliction of duty not merely an accessory to the crime [REYES, Book 2] 2. Liability under PD 1829 (Penalizing obstruction of apprehension and prosecution of criminal offenders) - any person who solicits, accepts, or agrees to accepting any benefit in consideration of abstaining from, discounting, or impeding the prosecution of a criminal offender is liable [Sec. 1(g), PD 1829].

1. Offender is a public officer or officer of the law who has a duty to cause the Prosecution of, or to prosecute, offenses;

f. Article 209 – Betrayal of Trust by an Attorney or a Solicitor – Revelation of Secrets

2. Dereliction of duty: knowing the commission of the crime, he does Not cause the prosecution of the criminal

Punishable Acts [DRO]: 1. Causing Damage to his client, either— a. By any malicious breach of professional duty; b. By inexcusable negligence or ignorance. 2. Revealing any of the secrets of his client learned by him in his professional capacity; 3. Undertaking the defense of the Opposing party in the same case, without the consent of his first client, a. After having undertaken the defense of said first client, or b. After having received confidential information from said client.

Punishable Acts [RT]: 1. Maliciously Refraining from instituting prosecution against violators of the law; or 2. Maliciously Tolerating the commission of offenses. Elements:

2. Dereliction of duty: knowing that a crime is about to be committed, he Tolerates its commission

3. Malice and deliberate intent to favor the violator of the law Who are Public Officers Officers of the prosecution department, whose duty is to institute criminal proceedings for felonies upon being informed of their perpetration (e.g., city attorney, fiscal). [REYES, Book 2] Who are Officers of the Law Those who, by reason of the position held by them, are duty-bound to cause prosecution and punishment of offenders (e.g., chief of police, barrio captain) [id.] Crime Must Be Proven “Negligence” means neglect of duty by maliciously failing to move the prosecution and punishment of the delinquent. The crime

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Requirement of Damage [REYES, Book 2] Mode 1: Malicious Breach or Inexcusable Negligence

Mode 2: Revealing of Secrets

Mode 3: Undertaking Defense of Opposing Party

Required; without damage, at most he will be liable administratively liable (e.g., suspension or disbarment under the CPR)

Not required; revelation in itself is punishable [Id].

Not required; what is punished is the taking of the case without the consent of his 1st client.

Privileged Communication only covers Past Crimes A distinction must be made between confidential communications relating to past crimes already committed, and future crimes intended to be committed by the client. The attorney-client privilege only covers past crimes. [People v. Sandiganbayan, supra.] SECTION 2. BRIBERY

Elements: Mode 1: Agreeing to commit/ committing a Crime [PACD]

Mode 2: Execution of an Act that is unjust but is not a crime [PAUD]

Mode 3: Agreeing to refrain/refraini ng from doing his duty [PARD]

1. Offender is a Public officer under Article 203 2. Accepts an offer or a promise or receives a gift or present by himself or through another

2. Accepts a Gift or present by himself or through another

2. Accepts an offer or a promise or receives a gift or present by himself or through another

3.In consideratio n of which, he agrees to perform an act constituting a Crime

3. In consideratio n of which, he agrees to execute an act which does not constitute a crime, but the act must be Unjust

3. In consideration of which, he agrees to Refrain from doing something which it is his official duty to do

g. Article 210 – Direct Bribery Punishable Acts [CER]: 1. Agreeing to perform/performing, in consideration of any offer, promise, gift, or present – an act constituting a Crime in connection with the performance of his official duty 2. Accepting a gift in consideration of the Execution of an act which does not constitute a crime, in connection with the performance of his official duty 3. Agreeing to Refrain/refraining from doing something in his official duty in consideration of a gift or promise

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4. The act which offender agrees to perform or which he executes be connected with the performance of his official Duties

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As to Acceptance of Gift

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Not required (acceptanc e of offer is sufficient).

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Required. The gift must have a value or must be capable of pecuniary estimation. It cannot consist of a mere offer or promise of a gift. [REYES, Book 2]

Not required (acceptance of offer is sufficient).

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Direct Bribery vs. Sec 3(b) of RA 3019 Direct Bribery [Art 210, RPC]

Sec 3(b) RA 3019

As to Promise or Gift Acceptance of a promise or offer or receipt of a gift or present is required

Mere request or demand of a gift, present, share, percentage or benefit is enough

As to Scope

No Stage of Frustrated Bribery If one party does not concur, then there is no agreement and not all the acts necessary to commit the crime were present. [Regalado] Temporary Performance of Public Functions Temporary performance of public functions is sufficient to constitute a person a public officer for purposes of bribery. [Maniego v. People, G.R. No. L-2971 (1951)] Bribery exists when the gift is: 1. Voluntarily offered by a private person; 2. Solicited by the public officer and voluntarily delivered by the private person; or 3. Solicited by the public officer but the private person delivers it out of fear of the consequences should the public officer perform his functions (here the crime by the giver does not fall under corruption of public officials due to the involuntariness of the act). [People v. Sope, G.R. No. L-16 (1946)]

Wider and more general scope: a. Performance of an act constituting a crime; b. Execution of an unjust act which does not constitute a crime; and c. Agreeing to refrain or refraining from doing an act which is his official duty to do.

Limited to contracts or transactions involving monetary consideration where the public officer has the authority to intervene under the law.

[Merencillo v. People, (2007)]

G.R. No. 142369-70,

h. Article 211 – Indirect Bribery Elements [PuGO]: 1. Offender is a Public officer; 2. He accepts Gifts; 3. Gifts are offered to him by reason of his Office. Direct Bribery vs. Indirect Bribery Direct Bribery [Art 210]

Indirect Bribery [Art 211]

As to Requirement Acceptance of Gift Mere acceptance of the promise or offer of such gift consummates the Page 181 of 277

The gift must be accepted by the public officer. The acceptance of a

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crime (1st and 3rd modes). Acceptance of the gift is only necessary for the 2nd mode.

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mere promise or offer of such gift does not make a public officer liable under Art 211.

Reason for the Gifts/Promise/Offer In consideration of the agreement of the officer to perform or refrain from doing an act or the commission of a crime.

By reason of his office and not for the performance of a specific act.

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bribery and dereliction of duty. [REYES, Book 2] Guilt of Offender is a Prejudicial Question The guilt of the offender is a prejudicial question to the liability of the officer for qualified bribery. [US v. Mendoza, G.R. No. 7540 (1912)] Qualifying Circumstance If it is the public officer who demands or asks for such gift, the penalty is death. [Art. 211-A, RPC]

j. Article 212 – Corruption of Public Officials

No Frustrated or Attempted Stages Always in the consummated stage. [REYES, Book 2] Mere Physical Receipt is Insufficient There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. Mere physical receipt unaccompanied by any other sign, circumstance or act to show such acceptance is not sufficient. [Formilleza v. Sandiganbayan, G.R. No. 75160 (1988)]

i. Article 211-A – Qualified Bribery Elements [LAC]: 1. 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; 3. Offender refrains from arresting or prosecuting in Consideration of any offer, promise, gift, or present.

Elements [OB]: 1. Offender makes Offers or promises or gives gifts or presents to a public officer; and 2. Offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct Bribery or indirect bribery. Offeror is Punished The offender is the giver of the gift or the offeror of the promise. This applies even if the gift was demanded by the public officer. [REYES, Book 2] Distinguished from Bribery – Provisions penalizing Bribery punishes the public officer and not the offeror No Frustrated Stage There is no frustrated corruption or bribery because both crimes require the concurrence of the will of the corruptor and public officer. [BOADO]

Effect if Penalty Imposable is Lower than Reclusion Perpetua or Death If the penalty imposed is lower than reclusion perpetua and/or death, the crime is direct

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3. Chapter III: Frauds and Illegal Exactions and Transactions a. Article 213 – Fraud Against the Public Treasury and Similar Offenses Punishable Acts: [EnD-ReC] 1. Entering into an agreement with any interested party or speculator or making use of any other scheme, to defraud the government, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds; 2. Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law, in collection of taxes, licenses, fees, and other imposts; 3. Failing voluntarily to issue a Receipt, as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees and other imposts; 4. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law, in the collection of taxes, licenses, fees and other imposts. Elements of Fraud against Public Treasury (par.1) [POED]: 1. Offender is a Public officer 2. He took advantage of his public office; he intervened in the transaction in his Official capacity 3. He Entered into an agreement with any interested party or speculator or made use of any other scheme with regard to: a. Furnishing supplies b. The making of contracts or c. Adjustment or settlement of accounts relating to public property or funds 4. Accused had intent to Defraud the Government.

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Not necessary for Government to Actually be Defrauded It is consummated by merely entering into agreement or by merely making use of other schemes to defraud the government. [REYES, Book 2] Elements of Illegal Exactions (par.2-4) [CDRC]: 1. Offender is a public officer entrusted with the Collection of taxes, licenses, fees and other imposts; 2. He is guilty of the following acts or omissions: a. Demanding directly or indirectly, payment of sums different from or larger than those by law; b. Failing voluntarily to issue a Receipt as provided by law, for any sum of money collected by him officially; or c. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or object of a nature different from that provided by law Persons Liable General Rule: Only specific public officers are liable and this can only be committed principally by a public officer whose official duty is to collect taxes, license fees, import duties and other dues payable to the government. [Art. 213, RPC] Exception: BIR and Customs employees are not covered by the article. The NIRC or the Revised Administrative Code is the applicable law. [BOADO] Receipt must be an Official Receipt The act of receiving payment due the government without issuing a receipt will give rise to illegal exaction even though a provisional receipt has been issued. What the law requires is a receipt in the form prescribed by law, which means official receipt. When Estafa instead of Illegal Exaction When there is deceit in demanding a greater fee than those prescribed by law, the crime

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committed is estafa and not illegal exaction. [US v. Lopez, G.R. No. L-3968 (1908)]

b. Article 214 – Other Frauds Elements [PACo]: 1. Offender is a Public officer; 2. He takes Advantage of his official position; and 3. He Commits any of the frauds or deceits enumerated in Article 315 to 318 (estafa, other forms of swindling, swindling a minor, other deceits). Penalty of Special Disqualification Additional penalty of temporary special disqualification in its maximum period to perpetual special disqualification, apart from the penalties imposed in Arts 315-318. [Art. 214, RPC]

c. Art. 215 – Prohibited Transactions Elements [AIIJ]: 1. Offender is an Appointive public officer; 2. He becomes Interested, directly or indirectly, in any transaction of exchange or speculation; 3. He becomes interested during his Incumbency; and 4. Transaction takes place within the territory subject to his Jurisdiction; Examples of Transactions of Exchange or Speculation Buying and selling stocks, commodities, land, etc. wherein one hopes to take advantage of an expected rise or fall in price. Although purchasing of stocks or shares in a company is a simple investment and not a violation of the article, regularly buying securities for resale is speculation. [REYES, Book 2]

d. Article 216 – Possession of Prohibited Interest by a Public Officer

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Persons liable [PEG]: 1. Public officer who, directly or indirectly, became interested in any contract or business in which it was his official duty to intervene; 2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the appraisal, distribution or adjudication of which they had acted; and 3. Guardians and executors with respect to the property belonging to their wards or the estate. Fraud is Not Necessary The act is punished because of the possibility that fraud may be committed or that the offender will place his own interest above the Government or the party he represents [US v. Udarbe, G.R. No. 9945 (1914)] Intervention by Virtue of Public Office Intervention must be by virtue of the public office held. The contracts the official intervenes in must have a connection with his office. [REYES, Book 2]

4. Chapter IV: Malversation of Public Funds or Property a. Article 217 – Malversation of Public Funds or Property - Presumption of Malversation Modes [AT-PeM]: 1. Appropriating public funds or property; 2. Taking or misappropriating the same; 3. Consenting, or through abandonment or negligence, Permitting any other person to take such public funds or property; and 4. Being otherwise guilty of the Misappropriation or malversation of such funds or property. Elements Common to All Modes [PCPA]: 1. Offender is a Public officer;

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2. He had the Custody or control of funds or property by reason of the duties of his office; 3. He was accountable for Public funds or property; 4. He Appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take them. NOTE: Malversation is also embezzlement. [REYES, Book 2]

called

Appropriation Appropriation involves every attempt to dispose of public funds or property without a right to do so. [Tabuena v. Sandiganbayan, G.R. Nos. 103501-03 (1997)] Can be Committed with Malice or Through Negligence or Imprudence. ● Negligence - omission of reasonable care and caution which an ordinary prudent person would have used in the same situation. The measure of negligence is the standard of care commensurate with the occasion. [Leano v. Domingo, G.R. No. 84378 (1998)] ● Good Faith as a Defense - For malversation not committed through negligence, good faith is a defense as it negates criminal intent. [Quizo v. Sandiganbayan, G.R. No. 77120 (1987)] Persons Liable General Rule: Offender is a Public Officer Accountable Office - The nature of the duties of the public officer, not the name of the office, is controlling. Thus, a clerk who receives money or property belonging to the government, in the course of his employment, for which he is bound to account, may be liable under Article 217. [Rueda v. Sandiganbayan, G.R. No. 129064 (2000)] Exception: Private persons may also commit malversation. Such as when a private person: [CoA-CuD] 1. Acts in Conspiracy with a public officer in committing malversation;

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2. Has become an Accomplice or accessory to a public officer who commits malversation; 3. Is made the Custodian in whatever capacity of public funds or property, whether belonging to national or local government, and he misappropriates the same [Article 222, RPC]; or 4. Is constituted as the Depositary or administrator of funds or property seized or attached by public authority even though said funds or property belong to a private individual [Article 222, RPC]. Sheriffs and receivers are included. They fall under the term “administrator.” [REYES, Book 2] Judicial Administrator Not Covered A judicial administrator in charge of settling the estate of the deceased is not covered by the article. Conversion of effects in his trust makes him liable for estafa. [REYES, Book 2] Private Property Covered Private property is included, provided it is: 1. Attached; 2. Seized; or 3. Deposited by public authority. [REYES, Book 2] Presumption of Misappropriation When a demand is made upon an accountable officer and he cannot produce the fund or property involved, there is a prima facie presumption that he had converted the same to his own use. [People v. Wa-Acon, G.R. No. 164575 (2006)] Not Elements of Malversation Demand as well as damage to the government are not necessary elements. Demand merely raises a prima facie presumption that missing funds have been put to personal use. Damage to the government is immaterial because the penalty is based on the amount involved. [Morong Water District v. Office of the Deputy Ombudsman, G.R. No. 116754 (2000)]

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Direct Evidence Not Required for Conviction An accountable public officer may be convicted even in the absence of direct evidence, where he has not been able to satisfactorily explain the absence of the public funds. [Estepa v. Sandiganbayan, G.R. No. 59670 (1990)] Restitution Returning the malversed funds is not exempting, it is only mitigating. [Perez v People, 544 SCRA 532] When Crime is Estafa instead of Malversation The funds or property must be received in an official capacity, in which case, the crime is Malversation. Otherwise, the crime committed is estafa. [US v. Solis, G.R. No. L-2828 (1906)]

Need for Damage Not required

Not necessary

Malversation, Estafa, and Qualified Theft of Public Funds/Property [BOADO] Malversation [Art. 217]

Accountable Public Officer

Estafa [Art. 315]

Private

Offender is a private individual or even a public officer who is not accountable for public funds/property

Means of Commission Crime is committed by appropriating, taking, or misappropriating/co nsenting or through abandonment or negligence, permitting any other person to take the public funds/property

Crime is committed by misappropriating, converting, or denying having received money, goods or other personal property

Estafa [Art. 315]

Qualified Theft [Art. 310]

As to Offender

As to the Offender Offender is usually a public officer who is accountable for the public funds/property

Required

[REYES, Book 2]

Nature of Funds Public

Required

Necessity of Prior Demand

Malversation v. Estafa Malversation [Art 217]

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Offender who is not accountable and has acquired juridical possession thereof and took it with abuse of confidence or deceit

Offender who has mere physical possession and took the property with abuse of confidence

b. Article 218 – Failure of Accountable Officer to Render Accounts Elements [PART]: 1. Offender is Public officer, whether in the service or separated therefrom by resignation or any other cause; 2. He is an Accountable officer for public funds or property; 3. He is Required by law or regulation to render account to the Commission on Audit, or to a provincial auditor; 4. He fails to do so for a period of Two months after such accounts should be rendered.

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Demand and Misappropriation Not Necessary It is also not essential that there be misappropriation because if present, the crime would be malversation. [REYES, Book 2]

Malversation v. Technical Malversation [Boado]

c. Article 219 – Failure of a Responsible Public Officer to Render Accounts Before Leaving the Country

Nature of Funds

Elements [PAU]: 1. Offender is a Public officer; 2. He is an Accountable officer for public funds or property; 3. He Unlawfully leaves or attempts to leave the Philippine Islands without securing a certificate from the Commission on Audit showing that his accounts have been finally settled. Leaving must be Unlawful The act of leaving the country must be unauthorized or not permitted by law. [REYES, Book 2]

d. Article 220 – Illegal Use of Public Funds or Property Elements [P-PAO]: 1. Offender is a Public officer; 2. There are Public funds or property under his administration; 3. Such fund or property were Appropriated by law or ordinance; 4. He applies such public fund or property to any public use Other than for which it was appropriated for. Technical Malversation Illegal use of public funds or property is also known as technical malversation. The term technical malversation is used because in this crime, the fund or property involved is already appropriated or earmarked for a certain public purpose. Despite the public purpose, the act is punished because it remains a violation of the appropriations law [REYES, Book 2].

Malversation (Art 217)

Technical Malversation (Art 220)

Public Funds As to the Offender Accountable Public Officers Appropriation of Funds No such requirement

Must be appropriated by Law or Ordinance

What is Done with the Funds Applied to personal Applied to public use use and benefit of the other than what it offender or another was appropriated for person Good faith as a Defense For malversation not committed through negligence, good faith is a defense as it negates criminal intent. [Quizo v. Sandiganbayan, G.R. No. 77120 (1987)]

Good faith is not a defense. Technical malversation is malum prohibitum. [Ysidoro v. People, 685 SCRA 637].

e. Article 221 - Failure to Make Delivery of Public Funds or Property Punishable Acts [FaR]: 1. Failing to make payment by a public officer who is under the obligation to make such payment from Government funds in his possession 2. Refusing to make delivery by a public officer who has been ordered by competent

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authority to deliver any property in his custody or under his administration

5. Chapter V: Infidelity of Public Officers

Elements: Mode 1: Failing to Make Payment [PPM]

Mode 2: Refusing to make delivery [PDM]

1. Public officer has government funds in his possession 2. Obligation to make Payment from such funds

2. Obligation to Deliver any property in his custody or under his administration

3. Maliciously fails to perform the obligation

Basis of Penalty ● Failure to make payment: fine shall be 5 to 25% of the amount he fails to pay ● Refusal to make delivery. [Art. 221(1)(2), RPC]

f. Article 222 – Officers Included in the Preceding Provisions NOTE: This article provides that private individuals may also be held liable for the crimes under Art 217 to 221. Officers Include: 1. Private individuals who, in any capacity, have charge of any national, provincial or municipal funds, revenue, or property 2. Administrator or depositary of funds or property that has been attached, seized or deposited by public authority, even if owned by a private individual. SEE: Art. 217 for extensive discussion

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SECTION 1. INFIDELITY IN THE CUSTODY OF PRISONERS

a. Article 223 – Conniving With or Consenting to Evasion Elements [P-CEC]: 1. Offender is a Public officer; 2. He had in his Custody or charge a prisoner, either detention prisoner or prisoner by final judgment; 3. Such prisoner Escaped from his custody; 4. He was in Connivance with the prisoner in the latter’s escape. (“shall consent to the escape”) Classes of Prisoners Involved [FD] 1. Those sentenced by Final judgment; and 2. Detention prisoners who are temporarily held in legal custody What is Not Considered as Infidelity in Custody Leniency, laxity, and release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. [People v. Lancanan, G.R. No. L-6805 (1954)] Actual Evasion Even Without Actual Escape There is real actual evasion of service of a sentence when the custodian permits the prisoner to obtain a relaxation in his imprisonment and to escape the punishment of being deprived of his liberty, thus making the penalty ineffectual, although the convict may not have fled. This includes allowing prisoners to sleep and eat in the officer’s house or utilize the prisoner’s services for domestic chores. [US v. Bandino, G.R. No. 9964 (1915)]

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Consenting to Evasion Prisoners From Jail Consenting to Evasion [Art. 223]

v.

Delivering

Delivering Prisoners from Jail [Art. 156]

As to Who may Commit By a public officer having the legal charge or custody of a prisoner.

By an outsider or by a public officer who does NOT have the official charge or custody of the prisoner.

As to the Manner of Commission By conniving or consenting to the escape of a prisoner.

By removing from jail a prisoner confined therein or helping in the escape of such prisoner.

[AMURAO]

b. Article 224 – Evasion through Negligence

Liability of Escaping Prisoner: ● If he is a prisoner by final judgment liable for evasion of service (Art. 157) ● If he is a detention prisoner - he does not incur criminal liability [REYES, Book 2]

c. Article 225 – Escape of Prisoner under the Custody of a Person Not a Public Officer Elements [PCE-CN]: 1. Offender is a Private person; 2. Conveyance or custody of a prisoner or person under arrest is confided to him; 3. Prisoner or person under arrest Escapes; 4. Offender Consents to the escape, or that the escape takes place through his Negligence. Not Applicable if Private Person made the Arrest Art. 225 is not applicable if a private person was the one who made the arrest and he consented to the escape of the person he arrested. [REYES, Book 2] Consenting to Evasion Prisoners from Jail

Elements [P-CoN]: 1. Offender is a Public officer; 2. He is charged with the Conveyance or custody of a detention prisoner or prisoner by final judgment; 3. Such prisoner escapes through Negligence Deliberate Non-performance of Duty This covers only positive carelessness and definite laxity which amounts to deliberate nonperformance of duties. [Rodillas v. Sandiganbayan, G.R. No. L-58652 (1988)]

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Consenting to Evasion [Art. 225]

vs.

Delivering

Delivering Prisoners from Jail [Art. 156]

As to who may Commit By a Private Person who acts as a custodian of the Prisoner.

Recapture does not lead to exculpation The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation. [REYES, Book 2]

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By an outsider or by a public officer who does NOT have the official charge or custody of the prisoner.

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SECTION 2. INFIDELITY IN THE CUSTODY OF DOCUMENTS

d. Article 226 – Removal, Concealment, or Destruction of Documents Elements [P-ReDeCo-ED]: 1. Offender is a Public officer; 2. He Removes, Destroys or Conceals a document or papers; 3. Said document or papers should have been Entrusted to such public officer by reason of his office; 4. Damage, whether serious or not, to a third party or to the public interest has been caused. Offender Must be Officially Entrusted with the Documents Can only be committed by the public officer who is made the custodian of the document in his official capacity. If the offender is a private individual, estafa is committed. [REYES, Book 2] Removal Must be for Illicit Purpose If the act of removal is done with lawful motives such as to save the documents from imminent danger of loss or destruction, there would be no crime committed. However, illicit motive is not required if the mode is concealment or destruction. [REYES, Book 2] Damage Caused Damage in this article may consist in mere alarm to the public or in the alienation of its confidence in any branch of the government service. [Kataniag v. People, G.R. No.48398 (1984)] Documents 1. Documents must be complete and one by which a right could be established or an obligation could be extinguished. If the writings are mere forms, there is no crime. [People v. Camacho, G.R. No.18688 (1923)]

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2. A book is not a document. A document is a written instrument by which something is proven or made of record [People v. Agnis, G.R. No. L-19676 (1923)] 3. “Papers” - includes checks, promissory notes, and paper money. [REYES, Book 2] Consummated upon Removal Removal is consummated upon taking or secreting away of the document from its usual place. It is immaterial whether or not the illicit purpose of the offender has been accomplished. [Kataniag v. People, G.R. No.48398 (1984)] Delivery of Documents to Wrong Person Delivering documents to the wrong party is infidelity in the custody thereof. This could cover failure on the part of the post office to forward the letters to their destination. [REYES, Book 2]

e. Article 227 – Officer Breaking Seal Elements [P-CSB]: 1. Offender is a Public officer; 2. He is charged with the Custody of papers or property; 3. These papers or property are Sealed by proper authority; 4. He Breaks the seal or permits them to be broken. Damage/Intent to Cause Damage Not Necessary Where documents are sealed by competent authorities, it is evident that the purpose thereof is to ensure their preservation. It is sufficient that the seal is broken, even if the contents are not tampered with. [REYES, Book 2]

f. Article 228 – Opening of Closed Documents Elements [PoCON]: 1. Offender is a Public officer; 2. Any Closed papers, documents, or objects are entrusted to his custody;

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3. He Opens or permits to be opened said closed papers, documents or objects; 4. He does Not have proper authority. Act should not be under Art 227 If the public officer had to break a seal to open the closed document, he is liable under Art 227. [REYES, Book 2]

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Revelation of Secrets v. Infidelity in the Custody of Documents [REYES, Book 2] Revelation of Secrets by an Officer (Art 229)

g. Article 229 – Revelation of Secrets by an Officer Punishable Acts [ReD]: 1. Revealing any secrets known to the offending public officer by reason of his official capacity 2. Wrongfully Delivering papers or copies of papers of which he has charge and which should not be published

Content of the Papers Papers contain secrets /papers which should not be published.

Mode 2: Wrongful delivery of papers [P-PWD]

1.Offender is a Public officer 2. He knows of a 2. He has charge of Secret by reason of Papers which should his official capacity not be published Secrets must affect public interest. If the secret revealed does not involve public interest, no crime is committed. Secrets of private individuals are not included. [REYES, Book 2]

Custody Required “Charge” - means custody or control. If he is merely entrusted with the papers and not with the custody thereof, he is not liable under this article.

3. He Reveals such secret without authority or justifiable reasons

3. He Wrongfully delivers those papers or copies thereof to a third person

Papers do not contain secrets.

Damage Involved Damage is to public interest

Elements: Mode 1: Revelation of Secrets [P-SRD]

Infidelity in Custody of Documents/Papers by Removing the Same (Art 226)

Damage is to public interest or third persons

h. Article 230 – Public Officers Revealing Secrets of Private Individuals Elements [PSR]: 1. Offender is a Public officer; 2. He knows of the Secrets of a private individual by reason of his office; 3. He Reveals such secrets without authority or justifiable reason. When the Offender is a Lawyer When the offender is a public attorney or a solicitor, the act of revealing the secret should not be covered by Art 209 (Betrayal of Trust). [REYES, Book 2] Damage Not Necessary Damage to private individual is not necessary. The reason for this provision is to uphold faith and trust in public service. [REYES, Book 2]

4. There is Damage to public interest

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Revelation of Secrets by an Officer v. Public Officer Revealing Secrets of Private Individual Revelation of Secrets by an Officer [Art 229]

Public Officer Revealing Secrets of a Private Individual [Art. 230]

Nature of the Secret Secret involves public interest

Secret involves a private individual

Elements [PES-DiDi]: 1. Offender is a Public officer; 2. An order is issued by his superior for Execution; 3. He Suspended the execution of such order; 4. His superior Disapproves the suspension of the execution of the order; and 5. Offender Disobeys his superior despite the disapproval of the suspension. Illegal Orders This does not apply if the order of the superior is illegal. [Art 11(6), RPC]

c. Article 233 – Refusal of Assistance

Necessity for Damage Damage to public interest is essential

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Damage is not essential

6. Chapter VI: Other Offenses or Irregularities by Public Officers SECTION 1. DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND MALTREATMENT OF PRISONERS

a. Article 231 – Open Disobedience Elements [Je-JWR]: 1. Officer is a Judicial or executive officer; 2. There is a Judgment, decision or order of a superior authority; 3. Such judgment, decision or order was made Within the scope of the jurisdiction of the superior authority and issued with all the legal formalities; 4. He openly Refuses to execute the said judgment, decision or order, which he is duty bound to obey without any legal justification.

b. Article 232 – Disobedience to the Order of Superior Officer When Said Order Was Suspended by Inferior Officer

Elements [P-CoM]: 1. Offender is a Public officer; 2. A competent authority demands from the offender that he lend his Cooperation towards the administration of justice or other public service; 3. Offender Maliciously fails to do so. Official Duty of Public Officer To be liable, the public officer must have the obligation, by reason of his office, to render assistance in the administration of justice or other public service. [AMURAO] Damage is Essential Damage to public interest or to a third party is essential. Serious damage leads to a higher penalty. [REYES, Book 2]

d. Article 234 – Refusal to Discharge Elective Office Elements [ERL]: 1. Offender is elected by popular Election to a public office; 2. He Refuses to be sworn in or to discharge the duties of said office; 3. There is no Legal motive for such refusal to be sworn in or to discharge the duties of said office.

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Only for Elective Officials Once an individual is elected to an office by the will of the people, discharge of duties becomes a matter of duty, not only a right. This only applies for elective, not appointive officers. [REYES, Book 2]

e. Article 235 Prisoners

–

Maltreatment

of

Elements [PCM]: 1. Offender is a Public officer or employee; 2. He has under his Charge a prisoner or detention prisoner; 3. He Maltreats such prisoner by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge by: a. Imposition of punishment not authorized by the regulations; b. Inflicting such punishments (those authorized) in a cruel and humiliating manner. c. Maltreating such prisoners to extort a confession or to obtain some information from the prisoner. Offender Must Have Direct Custody This is committed only by such public officer charged with direct custody of the prisoner. [Punzalan v. People, G.R. No.L-8820 (1956)]

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Torture If the acts of maltreatment constitute torture, there is a separate criminal liability from the crime under the RPC. Torturous acts are not absorbed in, nor do they absorb other crimes. [Section 15, RA 9745] SECTION 2. ANTICIPATION, PROLONGATION, AND ABANDONMENT OF THE DUTIES AND POWERS OF PUBLIC OFFICE

f. Article 236 – Anticipation of Duties of a Public Officer Elements [ESAN]: 1. Offender is Entitled to hold a public office or employment, either by election or appointment; 2. The law requires that he should first be Sworn in and/or should first give a bond; 3. He Assumes the performance of the duties and powers of such office; and 4. He has Not taken his oath of office and/or given the bond required by law. Comparison Between Art 234 and Art 236 Refusal to Discharge Elective Office [Art. 234]

Anticipation of Duties of a Public Officer [Art. 236]

As to Nature of Position If the public officer is not the custodian of the prisoner and he manhandles the latter - crime is physical injuries. [REYES, Book 2] Cannot be Complexed with other Crimes Maltreatment of prisoners cannot be complexed with homicide, physical injuries, or other crimes as the article says “in addition to his liability for the physical injuries or damage caused…” [AMURAO]

Officer is elected

Officer is elected or appointed

As to Act Punished The officer, without legal motive, refuses to be sworn in or discharge the duties of his office.

Qualifying Circumstance If the maltreatment was done in order to extort confession, the penalty is qualified to the next higher degree. [REYES, Book 2]

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The offender assumes the performance of the duties of the office without having been sworn in or giving the bond required by law.

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g. Article 237 – Prolonging Performance of Duties and Powers Elements [PPC]: 1. Offender is holding a Public office; 2. Period provided by law, regulations or special provision for holding such office, has already expired; and 3. He Continues to exercise the duties and powers of such office. Officers Covered The offenders here are those who can be suspended, separated, declared over-aged, or dismissed. [REYES, Book 2]

h. Article 238 – Abandonment of Office or Position Elements [PRNA]: 1. Offender is a Public officer; 2. He formally Resigns from his position; 3. His resignation has Not yet been accepted; and 4. He Abandons his office to the detriment of public service. NOTE: Resignation must be written [REYES, Book 2] Requisites for Resignation [InAA] 1. Intention to relinquish part of the term 2. Act of relinquishment 3. Acceptance by the proper authority [LRTA v. Salvana, G.R. No. 192074 (2014)] Qualifying Circumstance The offense is qualified when the purpose of the abandonment is to evade the discharge of duties of preventing, prosecuting, or punishing any of the crimes falling within Title One (Crimes against National Security and the Law of the Nations) and Chapter One of Title Three (Rebellion, Coup d’état, Sedition, and Disloyalty) of book two of the RPC. [Amurao]

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Abandonment of Office v. Dereliction of Duty Abandonment of Dereliction of Duty Office or Position (Art. 208) (Art. 238) As to Offender Committed by any public officer

Committed only by public officers who have the duty to institute prosecution for the punishment of violations of the law

As to Abandonment There is actual abandonment through resignation to evade the discharge of duties

Public officer does not abandon his office but merely fails to prosecute a violation of the law.

SECTION 3. USURPATION OF POWERS AND UNLAWFUL APPOINTMENTS

i. Article 239 – Usurpation Legislative Powers

of

Elements [EJ-MAS]: 1. Offender is an Executive or Judicial officer, who encroaches upon the powers of the Legislative branch by: a. Making general rules or regulations beyond the scope of his authority; or b. Attempting to repeal a law; or c. Suspending the execution thereof.

j.

Article 240 – Usurpation Executive Functions

of

Elements [JAO]: 1. Offender is a Judge; 2. That he: a. Assumes a power pertaining to the executive authorities, or b. Obstructs the executive authorities in the lawful exercise of their powers. NOTE: If the offender is not a judge the crime is punishable under Art 177 (Usurpation of

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Authority or Official Function). [REYES, Book 2]

k. Article 241 – Usurpation of Judicial Functions Elements [Ex-AO]: 1. Offender is an officer of the Executive branch; 2. That he: a. Assumes judicial powers, or b. Obstructs the execution of any order or decision rendered by any judge within his jurisdiction.

l.

Article 242 – Disobeying Request for Disqualification

Elements [PPQRC]: 1. Offender is a Public officer; 2. A proceeding is Pending before such public officer; 3. There is a Question brought before the proper authority regarding his jurisdiction, which is not yet decided; 4. He has been lawfully required to Refrain from continuing the proceeding; 5. He Continues the proceeding. NOTE: The disobedient officer is liable even if the jurisdictional question is resolved in his favor. [REYES, Book 2]

m. Article 243 – Orders or Request by Executive Officer to Any Judicial Authority Elements [EJJ]: 1. Offender is an Executive officer; 2. He addresses any order or suggestion to any Judicial authority; 3. The order or suggestion relates to any case or business coming within the exclusive Jurisdiction of the courts of justice.

n. Article 244 Appointments

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–

Unlawful

Elements [P-NoLaK]: 1. Offender is a Public officer; 2. He Nominates or appoints a person to a public office; 3. Such person Lacks the legal qualifications therefore; 4. Offender Knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment. NOTES: 1. Mere recommendation is not a crime, even if such person knew that the person recommended is not qualified. [REYES, Book 2] 2. Qualifications must be provided for by law [id.]

o. Article 245 – Abuses Against Chastity Punishable Acts [DCuW]: 1. Soliciting/making immoral or indecent advances to a woman interested in matters pending before the offending officer for Decision or with respect to which he is required to submit a report to or consult with a superior officer; 2. Soliciting or making immoral or indecent advances to a woman under the offender’s Custody; 3. Soliciting or making immoral or indecent advances to the Wife, daughter, sister or relative within the same degree by affinity of any person in the custody of the offending warden or officer.

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Elements: Mode 1: Soliciting to a woman interested in pending matters [PSP]

Mode 2: Mode 3: Soliciting to Soliciting to a woman wife/daughte under r/sister/ offender’s relative of custody person in [PSC] custody [PSR]

2. He Solicits or makes immoral or indecent advances to a woman 3. Woman is under the Custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners.

H. CRIMES AGAINST PERSONS 1. Chapter I: Destruction of Life SECTION HOMICIDE

1.

PARRICIDE,

MURDER,

a. Article 246 – Parricide

1. Offender is a Public officer

3. Woman is interested in matters Pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior.

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3. Woman is the wife, daughter, sister or Relative within the same degree by affinity of the person in the custody of the offender.

Solicitation Solicit is to propose earnestly and persistently something unchaste and immoral to a woman. The advances must be immoral or indecent. Proof of solicitation is not necessary when there is sexual intercourse. [REYES, Book 2] Consummated by Proposal The crime is consummated by mere proposal. It is not necessary that the woman should have yielded to the solicitation of the offender. [REYES, Book 2] Mother of Person in Custody Not Included The mother of the person in the custody of the public officer is not included. [REYES, Book 2]

Elements: [KAA-FaMCADS] 1. A person is Killed; 2. Deceased is killed by the Accused; 3. Deceased is the Accused's: a. Legitimate/illegitimate Father b. Legitimate/illegitimate Mother c. Legitimate/illegitimate Child (should not be less than 3 days old, otherwise crime is infanticide) d. Other legitimate Ascendant e. Other legitimate Descendant f. Legitimate Spouse Relationship Relationship of offender with the victim is an essential element of this crime; except for spouses, only relatives by blood and in direct line are covered. An adopted child is not covered by parricide. Rules on Relationship of Relatives 1. Father, mother or child may be legitimate or illegitimate 2. Other ascendants or descendants must be legitimate 3. Child should not be less than 3 days old, otherwise, crime is infanticide 4. Spouse must be legitimate; Muslim husbands with several wives can be convicted of parricide only in case the first wife is killed. [People v. Subano, G.R. No. L-20338 (1967)] NOTE: Relationship must be alleged in the Information to be convicted of Parricide. [People v. Jumawan, G.R. No. 187495 (2014)]

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Parricide shall not be punished by reclusion perpetua to death in the following cases: 1. Reckless or simple imprudence [Art. 365] 2. Parricide by mistake [Art. 49] 3. Parricide under exceptional circumstances [Art. 247]

b. Article 247 – Death or Physical Injuries Under Exceptional Circumstances Elements: [M-SD-KiP] 1. A legally Married person, or a parent, surprises the following in the act of sexual intercourse with another person: a. His Spouse or; b. His Daughter, the latter under 18 years of age and living with him; 2. He or she Kills any or both of them, or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter; 3. He has not Promoted or facilitated the prostitution of his wife or daughter, or that he or she has not consented to the infidelity of the other spouse. Not a Felony This article does not define a felony, rather it serves as a defense for a person charged with parricide, homicide or serious physical injuries. [Id] Sentence to Accused General Rule: If all the requisites have been met, the defendant will be sentenced to destierro instead of the severe penalty for the aforementioned crime [People v. Araquel, G.R. No. L-12629]. Exception: If less serious or slight physical injuries are inflicted, there is no criminal liability. [Id] Other Considerations: 1. Actual Sexual Intercourse – meaning vaginal penetration by the penis and does not include merely sleeping on the same

CRIMINAL LAW

bed [People v. Gonzales, G.R. No. 46310; People v. Bituaanan 56 Phil 23, cited in REYES, Book 2] 2. Accused must be legally married - if the victim is his or her spouse. [People v. Araquel, G.R. No. L-12629] 3. Whether or not the daughter is legitimate or illegitimate is immaterial - provided she is living with the guilty parent [Regalado] 4. Privilege cannot be invoked without surprise – if the accused did not surprise the supposed offenders in the very act of committing adultery, he cannot invoke the privilege of Art. 247. [People v. Gonzales, G.R. No. 46310 (1939)] Immediately Thereafter There is no set time as jurisprudence has held 1 hour or even 4 hours as “immediately thereafter”. However, the act done must be a: a. Direct result of the outrage of the cuckolded spouse; and b. Continuous act from the moment of the surprising. [US v. Vargas, G.R. No. 1053, May 7, 1903] When Article 247 does not apply: [BM] 1. If the surprising took place Before any actual sexual intercourse could be done. 2. If the daughter is Married. Although the article does not use the word “unmarried,” this article applies only when the daughter is single because while under 18 and single, she is still under parental authority. If she is married, her husband alone can claim the benefits of this article. [REYES, Book 2]

c. Article 248 – Murder Elements: [KAC-TCICPC-N] 1. Person was Killed; 2. Accused killed him; 3. Killing was attended by any of the following qualifying Circumstances: a. With Treachery, taking advantage of superior strength, aid of armed men, or employing means to weaken the

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defense, or of means or persons to insure or afford impunity; b. In Consideration of a price, reward or promise; c. By means of Inundation, fire, poison, explosion, 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; d. On occasion of any of the Calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity; e. With evident Premeditation; f. With Cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. 4. Killing is Not parricide or infanticide. Rules for the Application of the Circumstances which Qualify the Killing to Murder 1. If there are more than one alleged in the information for murder, only one will qualify the killing to murder and the other circumstances will be taken as generic aggravating circumstance. [REYES, Book 2] 2. When the other circumstances are absorbed or included in one qualifying circumstance, they cannot be considered as generic aggravating. [id] 3. Any of the qualifying circumstances enumerated in Art. 248 must be alleged in the information. [US v. Campo, 23 Phil 369] Element of Intent to Kill General Rule: Offender must have intent to kill to be liable for murder. Exception: In murder qualified by treachery, it is required only that there is treachery in the attack, hence, there is murder even if offender has no intent to kill the person assaulted. [REYES, Book 2]

CRIMINAL LAW

Killing by Fire ● If the primordial criminal intent of the offender is to kill and fire was only used as a means to do so, the crime is only murder. ● If the primordial criminal intent of the offender is to destroy property with the use of pyrotechnics and incidentally, somebody within the premises is killed, the crime is arson with homicide, a single indivisible crime penalized under Art. 326, which is death as a consequence of arson. [Id.] Outraging v. Scoffing [Id] Outraging Scoffing Definition To commit an It means to leer and extremely vicious or implies a showing of deeply insult in act. irreverence. Example The act of an When the intestines accused in having of the dead were anal intercourse with removed and hung the woman after around the neck of killing her. [People v. the victim’s brother Butler, 120 SCRA “as a necklace” and the lungs and liver 281] were described as “pulutan.” [People v. Carmina, 193 SCRA 429]

d. Article 249 – Homicide Elements: [KJ-IQ] 1. Person was Killed; 2. Offender killed him without any Justifying circumstances; 3. Offender had the Intention to kill 4. Killing was not attended by any of the Qualifying circumstances of murder, or by that of parricide or infanticide No offense of Frustrated Homicide through Imprudence. The element of intent to kill in frustrated homicide is incompatible with negligence or

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imprudence. [People v. Castillo, C.A. No. 227 (1946)] Refusal to be Operated; Not a Defense Refusal of the deceased to be operated on does not relieve the offender of the criminal liability for his death. [People v. Sto. Domingo, G.R. No. 3783, (1939)] Intent to kill General Rule: Conclusively presumed when death results. Exception: Evidence of intent is crucial to a finding of attempted or frustrated homicide [Yapyuco v. Sandiganbayan, G.R. No. 12074446] Physical Injuries Accused is liable for physical injuries if there is no intent to kill on the part of the offender in an attempted or frustrated homicide. [REYES, Book 2] Accidental Homicide It is the death of a person brought about by a lawful act performed with proper care and skill and without homicidal intent, there is no felony. [Id]

e. Article 250 - Penalty for Frustrated Parricide, Murder or Homicide Courts may impose a penalty: [Art 250] 1. 2 degrees lower for frustrated parricide, murder, or homicide 2. 3 degrees lower for attempted parricide, murder, or homicide. The imposition of a penalty lower by one degree than that imposed under Arts. 50 and 51 depends on the courts, in view of the facts of the case. [Id] Note that under the RPC, the following penalties shall be imposed: 1. Frustrated Felony - the penalty next lower in degree than that prescribed by law for the consummated felony [Art. 50, RPC].

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2. Attempted Felony - the penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed [Art. 51, RPC]. NOTE: Any attempt on, or conspiracy against, the life of the Chief Executive of the Philippines or that of any member of his family, or against the life of any member of his cabinet or that of any member of the latter’s family, shall suffer the penalty of death. [REYES, Book 2]

f. Article 251 - Death Caused in Tumultuous Affray Tumultuous Affray It is a commotion in a confused manner to an extent that it would not be possible to identify who the killer is if death results, or who inflicted the serious physical injury, but the person or persons who used violence are known. [REYES, Book 2] NOTE: It exists when at least four persons took part. [id]. Elements: [SGQKAI] 1. There are Several persons; 2. They do not compose Groups organized for the common purpose of assaulting and attacking each other reciprocally; 3. These several persons Quarreled and assaulted one another in a confused and tumultuous manner; 4. Someone was Killed in the course of the affray; 5. It cannot be Ascertained who actually killed the deceased; and 6. The person or persons who inflicted serious physical injuries or who used violence can be Identified. Persons Liable [IK] 1. Person or persons who Inflicted the serious physical injuries 2. If it is not Known who inflicted the serious physical injuries on the deceased, all persons who used violence upon the person of the victim are liable.

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Presence of Conspiracy If there is conspiracy, this crime is not committed. The crime would be murder or homicide. [REYES, Book 2]

g. Article 252 - Physical Injuries Caused in Tumultuous Affray Elements: [TIK] 1. There is a Tumultuous affray; 2. A participant or some participants thereof Suffered serious physical injuries or physical injuries of a less serious nature only; 3. Person responsible cannot be Identified; and 4. All those who appear to have used violence upon the person of the offended party are Known. Presence of Violence All those who appear to have used violence shall suffer the penalty next lower in degree than that provided for the serious physical injuries inflicted. [Art. 265, RPC] Death Caused in Tumultuous Affray v. Physical Injuries Caused in Tumultuous Affray Physical Injuries Death Caused in Caused in Tumultuous Tumultuous Affray Affray [Art. 251] [Art. 252] Participants The person killed The injured party in in the course of the the crime of physical affray need not be injuries inflicted in a one of the tumultuous affray participants in the must be one or affray. some of the participants. [REYES, Book 2]

CRIMINAL LAW

h. Article 253 - Giving Assistance to Suicide Giving Assistance to Suicide Giving assistance to suicide means giving means (e.g., arms, poison, etc.) or whatever manner of positive and direct cooperation (e.g., intellectual aid, suggestions regarding the mode of committing suicide, etc.). [REYES, Book 2] Modes: [AL] 1. Assisting another to commit suicide, whether the suicide is consummated or not; 2. Lending his assistance to another to commit suicide to the extent of doing the killing himself. NOTE: The person who commits suicide is not criminally liable; only the person assisting him or her. [Id.] Euthanasia – commonly known as mercykilling; the practice of painlessly putting to death a person suffering from some incurable disease. • A doctor who resorts to euthanasia of his patient may be liable for murder. But if the patient himself asks to be killed by his doctor, this Article applies. [Id]

i. Article 254 - Discharge of Firearms Elements: [DN] 1. Offender Discharges a firearm against or at another person. 2. Offender has No intention to kill that person. Crime as long as Initially Aimed at Offended Party The crime is the discharge of firearm, even if the gun was not pointed at the offended party when it fired, as long as it was initially aimed by the accused at or against the offended party [People v. Cupin, C.A., 40 O.G., Supp. 11, 21, cited in REYES, Book 2]

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If Offended Party is Hit and Wounded If in the discharge of a firearm, the offended party is hit and wounded, there is a complex crime of discharge of firearm with serious or less serious physical injuries. [People v. Arquiza, G.R. No. 42128-42129]

CRIMINAL LAW

To intimidate To cause or frighten a disturbance person or scandal

To demand money or impose any other condition

SECTION 2. INFANTICIDE AND ABORTION Animus Interficendi Intent to kill or animus inteficendi cannot be automatically drawn from the mere fact that the use of firearms is dangerous to life. Animus interficendi must be established with the same degree of certainty as is required of the other elements of the crime. [Dado v. People G.R. No. 131421(2002)] Discharge of Firearms v. Homicide Discharge of Homicide/Murder Firearms [Arts. 248/249] [Art. 254] As to Intent to Kill There must be no There is intent to kill intent to kill (conclusively presumed if a person died) As to Rationale The discharge was Intent was to kill intended merely to another frighten or cause alarm to the offended party [People v. Hinolan, C.A., 47 O.G. 3596, cited in Reyes, Book Two]. Alarms and Scandals vs. Discharge of Firearms v. Grave Threats [BOADO] Discharge of Alarms and Grave Firearms Scandals Threats [Art. 254] [Art. 155] [Art. 282] As to the Place At any place Public place At any place (and aimed at a specific person) As to Purpose

j. Article 255 – Infanticide Elements: [C-3] 1. Child was killed by the accused; 2. Deceased child was less than 3 days old (72 hours). Persons Liable: 1. Father or mother of the child, whether legitimate or illegitimate; or 2. Any other legitimate ascendant of the child [REYES, Book 2] Must be Born Alive It is necessary that the child be born alive and viable (capable of independent existence). [US v. Vedra, G.R. No. 4779 (1908)] Mitigating Circumstance Only the mother and maternal grandparents are entitled to mitigating circumstances of concealing the mother’s dishonor. [Art. 255, RPC] NOTE: The delinquent mother who claims to be concealing dishonor must be of good reputation and good morals [REYES, Book 2] Other Persons who Cooperate Others who cooperate with the mother or grandparent for killing a child less than 3 days old will suffer the penalty for murder. (US v. Aquino, G.R. No. 11653] Parricide vs. Infanticide [Reyes] Parricide Infanticide [Art. 246] [Art. 255] As to Basis of Crime Based on Based on the age of relationship of the child (must be offender and the less than 3 days old) victim

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As to Victim May be committed Victim need not be a against a relative relative As to Applicability of Mitigating Circumstance of Concealment of Dishonor Mitigating Not mitigating circumstance

k. Article 256 - Intentional Abortion Elements: [PVi-DI] 1. There is a Pregnant woman; 2. Violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman; 3. As a result of the above acts, the fetus Dies, either in the womb or after having been expelled therefrom; and 4. Abortion is Intended. Punishable Acts [VAAW] 1. Use of Violence upon the pregnant woman; 2. Acting, but without using violence and without the consent of the woman. (e.g., by administering drugs or beverages upon such pregnant woman without her consent.) 3. Acting (by administering drugs or beverages), With the consent of the pregnant woman. Persons Liable: 1. Person who intentionally caused the abortion under Art. 256; and 2. Pregnant woman if she consented under Art. 258 [REYES, Book 2] Abortion The willful killing of the fetus in the uterus or the violent expulsion of the fetus from the maternal womb which results in the death of the fetus. [REYES, Book 2] Frustrated Abortion Committed if the fetus that is expelled is viable and, therefore, not dead. [Id] Complex Crime of Murder/Physical Injuries and Abortion

CRIMINAL LAW

If the mother as a consequence of abortion suffers death or physical injuries, there is a complex crime of murder or physical injuries and abortion. [Id] Impossible Crime If the woman turns out not to be pregnant and someone performs an abortion upon her, he is liable for an impossible crime if the woman suffers no physical injury. [Id] Abortion v. Infanticide Abortion [Art. Infanticide [Art. 255] 256] Fetus could not Fetus could sustain sustain an independent life independent life. after separation from No legal viability. the mother’s womb.

l. Article 257 Abortion

-

Unintentional

Elements: [PVID] 1. There is a Pregnant woman; 2. Violence is used upon such pregnant woman without intending an abortion; 3. The violence is Intentionally exerted; 4. Result of violence – fetus Dies, either in the womb or expelled therefrom Killed by Husband If the pregnant woman was killed by violence by her husband, the crime committed is the complex crime of parricide with unintentional abortion. [Id] Intentional Abortion vs. Unintentional Abortion Intentional Unintentional Abortion Abortion [Art. 257] [Art. 256] As to Mode of Commission Committed by: 1. Using any violence upon the Committed only by violence, that is, person of the actual physical force. pregnant woman 2. Acting without using violence

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and without the consent of the woman (e.g., administering drugs or beverages upon her) 3. Acting with the consent of the pregnant woman (e.g., administering drugs or beverages) As to Intent Violence inflicted upon the pregnant woman is Abortion is intended intentionally exerted by the accused, but without intending an abortion. As to Knowledge of Pregnancy Accused has knowledge as to the pregnancy of the woman.

m. Article 258 - Abortion Practiced by the Woman Herself or by Parents Elements: [PIC-HCP] 1. There is a Pregnant woman who suffered an abortion; 2. Abortion is Intended; 3. Abortion is Caused by – a. Pregnant woman Herself; b. Any other person, with her Consent; or c. Any of her Parents, with her consent for the purpose of concealing her dishonour. Liability: a. Pregnant Woman – under (a), (b), (c); liable under this Article b. Third Person - under (b); liable under Art. 256 (Intentional Abortion) c. Parents – if the parents acted with the pregnant woman’s consent under (c) to conceal her honor, they are also liable under this article. [REYES, Book 2]

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Mitigating Circumstances Penalty of pregnant woman is mitigated if her purpose is to conceal her dishonor. [RPC, Art. 258(2)] There is no mitigation for parents of the pregnant woman even if the purpose is to conceal dishonor in abortion, unlike in infanticide. [RPC, Art. 258(1)]

Intentional Abortion vs. Abortion Practiced by the Woman Herself Abortion Practiced Intentional by the Woman Abortion Herself [Art. 256] [Art. 258] As to Liability Third person who Only the woman caused the abortion herself or her parents is liable can be liable As to Consent Woman must have consented to the Abortion could have abortion. been done with or without the consent Parents are liable if of the pregnant they acted with the woman. pregnant woman’s consent to conceal her dishonor

n. Article 259 - Abortion by a Physician or Midwife and Dispensing of Abortives Persons Liable 1. Physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing an abortion. 2. A pharmacist who, without proper prescription from a physician, shall dispense any abortive. [RPC, Art. 259] Elements (for Physicians or Midwifes): [PIPA] 1. Pregnant suffered an abortion; 2. Abortion is Intended;

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3. Offender is a Physician or midwife, who caused or assisted in causing the abortion; and 4. Said physician or midwife took Advantage of his or her scientific knowledge or skill. Elements (for Pharmacists): [PPD] 1. Offender is a Pharmacist; 2. No proper Prescription from a physician; and 3. Offender Dispenses any abortive. Imposable Penalty The penalties provided for intentional abortion shall be imposed in the maximum period. [REYES, Book 2] It is not necessary that the pharmacist knows that the abortive would be used to cause an abortion. What is punished is the dispensing of the abortive without the proper prescription. It is not necessary that the abortive be actually used either. [REYES, Book 2] SECTION 3. DUEL

o. Article 260 - Responsibility of Participants in a Duel Modes: [DIC] 1. Killing one’s adversary in a Duel; 2. Inflicting upon such adversary physical injuries; or 3. Making a Combat although no physical injuries have been inflicted. Persons Liable: [KS] 1. The person who Killed or inflicted physical injuries upon his adversary, or both combatants in any other case, as principals. 2. The Seconds, as accomplices. Definition of Terms 1. Duel - Formal or regular combat previously concerted between 2 parties in the presence of two or more seconds of lawful age on each side, who make the selection of arms and fix all other conditions of the fight. [REYES, Book 2]

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2. Seconds - Persons who make the selection of arms and fix the other conditions of the fight. [Id] Imposable Penalty if Death Results If death results, the penalty is the same as that for homicide. [Id] Pre-Concerted Agreement to Fight Self-defense cannot be invoked if there was a pre-concerted agreement to fight, but if the attack was made by the accused against his opponent before the appointed place and time, there is an unlawful aggression, hence, selfdefense can be claimed. [Justo v. CA, G.R. No. L-8611]

p. Article 261 - Challenging to a Duel Modes: [CIS] 1. Challenging another to a duel; 2. Inciting another to give or accept a challenge to a duel; or 3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel. Persons Responsible: 1. Challengers 2. Instigators [REYES, Book 2] Challenging to Duel Different from Challenging to Fight The person making the challenge must have in mind a formal combat to be concerted between him and the one challenged in the presence of two or more seconds. [REYES, Book 2]

2. Chapter II: Physical Injuries a. Article 262 – Mutilation Mutilation Lopping or clipping off of some part of the body [REYES, Book 2]

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Punishable Acts: Mode 1: Castration Mode 2: Mayhem As to Body Part Castration is the Lopping or clipping mutilation of organs off any part of the necessary for body of the offended generation; deprives party, other than the the offended, either essential organ for totally or partially, of reproduction, to some essential deprive him of that organ for part of his body. [REYES, Book 2] reproduction. [REYES, Book 2] As to Purpose Mutilation is caused Purposely and deliberately Intent Offender must have the intention to deprive the offended party of a part of his body. If there is no such intention, the crime will be serious physical injuries. [REYES, Book 2]

b. Article 263 - Serious Physical Injuries Modes of Commission: [WoBAA] 1. By Wounding; 2. By Beating; 3. By Assaulting; or 4. By Administering injurious substance. (Art. 264) Serious Physical Injuries They are when the injured person, in consequence of the physical injuries inflicted— [I-SMI-DMUI90-30] 1. Becomes Insane, imbecilic, impotent or blind 2. If the person injured: a. Loses the use of Speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg, or b. Loses the use of any such Member; or c. Becomes Incapacitated for the work in which he was theretofore habitually engaged, in consequence of the physical injuries inflicted; 3. If the person injured:

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a. b. c. d.

Becomes Deformed; or Loses any other Member of his body; or Loses the Use thereof; or Becomes Ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days; 4. Becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days). Intent to Kill In physical injuries, there must be no intent to kill, otherwise the crime is frustrated/attempted murder or homicide as the case may be. [Id] Physical Injuries v. Attempted or Frustrated Homicide Attempted or Physical Injuries Frustrated [Art. 263] Homicide [Art. 249] May be committed even if no physical No intent to kill injuries are inflicted offended party and the offender has intent to kill party Characteristics of par. 1 ● Insanity – deranged or perverted condition of mental faculties and is manifested in language and conduct. [People v. Domingo, G.R. No. 184343] ● Imbecility - a more or less advanced decay and feebleness of the intellectual faculties [Black’s Law Dictionary] ● Impotence - an inability to copulate, includes sterility. ● Blindness - must be of two eyes [REYES, Book 2] ● Penalty is 1 degree higher when the victim is under 12 years of age. [Sec. 10, RA 7610] Characteristics of par. 2 ● Loss of power to hear - must be of both ears. If hearing in only one ear is lost, it falls under par. 3. ● Blindness – requires the loss of an eye only, thus mere weakness of vision is not contemplated [id.]

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● ●

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Loss of the use of hand or incapacity for work - must be permanent. All the body parts mentioned are principal members of the body (eye, hand, foot etc.) [Id]

Characteristics of par. 3 ● It covers any other part of the body which is not a principal member of the body. ● Fingers of the hand are not principal members and the loss of such fall under the third type. However, if it is proven that the loss of the fingers resulted in the loss of the use of the hand itself, it would fall under the second type. [US v. Punsalan, G.R. No. 7539 (1912)] Elements of Deformity: [UAV] 1. Physical Ugliness, 2. Permanent and definite Abnormality, and 3. Conspicuous and Visible. Illness or Incapacity under Pars 2, 3, and 4. ● What is required is illness or incapacity and not medical attendance. [REYES, Book 2] ● Injured party must have a vocation at the time of the injury - Incapacity therefore must relate to a certain kind of work only [Id.] ● Work - includes studies or preparation for a profession. Mere lessening of efficiency due to injury is not incapacity. [Id] ● Type of Work a. Par. 3 – work in which the offended party is habitually engaged b. Par. 4 – any type of labor No Attempted or Frustrated Physical Injuries This felony is defined by the gravity of the injury. It is a crime of result. As long as there is no injury, there can be no attempted or frustrated stage thereof. [Id]

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Qualifying Circumstances: 1. If it is committed against any of the persons referred to in the crime of parricide under Article 246; 2. If any of the circumstances qualifying murder attended its commission. [Art. 263, RPC] NOTE: The said qualified penalties are not applicable to parents who inflict serious physical injuries upon their children by excessive chastisement [Art, 263(7), RPC]]

c. Article 264 Administering Injurious Substances or Beverages Elements: [IKI] 1. Offender Inflicted any serious physical injury; 2. It was done by Knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity; and 3. There was no Intent to kill. NOTE: Art 264 does not apply when the Physical Injuries Resulted to Less Serious or Light as they will be treated under Art. 265 or Art. 266, as the case may be. [Id]

d. Article 265 - Less Serious Physical Injuries Elements: [IMP] 1. Offended party: a. Is Incapacitated for labor for 10 days or more (but not more than 30 days); or b. Needs Medical attendance for the same period of time; 2. Physical injuries must not be those described in the Preceding articles.

Committed through Reckless Imprudence Serious physical injuries may be committed by reckless imprudence or by simple imprudence or negligence under Art. 365 in relation to Art. 263. [Id]

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Qualified Less Serious Physical Injuries Addition of a Fine not exceeding Higher Penalty P50,000 Imposed [Sec. 60, RA 10951 in re: Art. 265] The victim is either: 1. Offender’s 1. There is a parents, manifest intent to ascendants, insult or offend guardians, the injured curators or person; or teachers; or 2. There are 2. Persons of rank or circumstances person in adding ignominy authority, to the offense. provided the crime is not direct assault.

e. Article 266 - Slight Physical Injuries and Maltreatment Modes [1-9-PI] 1. Physical injuries incapacitated the offended party for labor from 1-9 days, OR required medical attendance during the same period; 2. Physical injuries did not Prevent the offended party from engaging in his habitual work or did not require medical attendance; or 3. Ill-treatment of another by deed without causing any injury. Duration of Incapacity or Medical Attendance In the absence of evidence as to the duration of the offended party’s incapacity for labor or medical attendance, the crime is only slight physical injuries. [People v. Arranchado, G.R. No. L-13943] Supervening Event Converting the Crime Supervening event converting the crime into serious physical injuries after the filing of the information for slight physical injuries can still be the subject of amendment or of a new charge. [People v. Manolong, G.R.No. L-2288]

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Slapping of Offended Party General Rule: Slapping is a form of illtreatment which is a form of slight physical injuries. Exception: If the slapping is done to cast dishonor upon the person slapped, or to humiliate or embarrass the offended party out of a quarrel or anger, the crime is slander by deed. [REYES, Book 2] Summary: Gravity

Serious [Art. 263]

Less Serious [Art. 265]

Slight [Art. 266

Injury Incapacity from habitual work Illness/incapaci ty from habitual work Illness/incapaci ty from labor Incapacity from labor/medical attendance required Incapacity from labor/medical attendance required Physical injuries which did not prevent the offended party from engaging in habitual work nor did it require medial attendance

Days Permanent Over 90 days 31-90 days

10-30 days

1-9 days

Regardless of Days

Physical Injuries vs. Attempted or Frustrated Homicide Physical Injuries Attempted or [Art. 263, 265, 266] Frustrated Homicide Existence of Physical Injuries General Rule: The May be committed offender must have even if no physical inflicted physical injuries inflicted injuries

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Exception: Maltreatment 266(3))

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(Art.

Intent to Kill No intent to kill the With intent to kill offended party offended party

3. Chapter III : Rape a. Article 266 - A – Rape (as amended by RA 8353) Mode 1: Rape by Sexual Intercourse Elements: [MCC-FRM12] 1. Offender is a Man; 2. Offender had Carnal knowledge of a woman; 3. Such act is accomplished under any of the following Circumstances: a. By using Force, threat or intimidation; b. When the woman is deprived of Reason or is otherwise unconscious; c. By means of fraudulent Machination or grave abuse of authority; or d. When the woman is under 12 years of age (Statutory Rape) or is demented. Mode 2: Rape through Sexual Assault Elements: [SM-PI-C-FDM12] 1. Offender commits an act of Sexual assault; 2. Act is committed by any of the following Means: a. By inserting his Penis into another person's mouth or anal orifice; or b. By inserting any Instrument or object into the genital or anal orifice of another person; 3. Act is accomplished under any of the following Circumstances: a. By using Force or intimidation; or b. When the woman is Deprived of reason or otherwise unconscious; or c. By means of fraudulent Machination or grave abuse of authority; or d. When the woman is under 12 years of age or demented.

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Chronological Age or Intellectual Disability In determining whether a person is twelve (12) years of age under par. (d), the interpretation should be in accordance with either the chronological age of the child if he or she is not suffering from intellectual disability, or the mental age if intellectual disability is established. [People v. Quintos, G.R. No. 199402, (2014)] Classifications of Rape Rape by Sexual Sexual Assault Intercourse As to Offended Party Against a Woman or Against a Woman Man As to Offender Can now be committed by a man or woman, that is, if a Always a man woman or a man uses an instrument on an orifice of male or woman As to Commission of Offense Inserting a finger inside the genital of a woman or man is Sexual intercourse rape through sexual assault within the context of object Complete Penetration is Not Necessary In rape, from the moment the offender has carnal knowledge of the victim, he actually attains his purpose, all the essential elements of the offense have been accomplished. [People v. Orita, G.R. No. 88724 (1990)] Moreover, it is not the number of times that appellant ejaculated but the penetration or ‘touching’ that determines the consummation of the sexual act. [People v. Ferrer, G.R. No. 142662 (2001); People v. Orilla, G.R. Nos. 148939-40 (2004)] NOTE: There is NO crime of frustrated rape. [Id]

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Rules on Accompanying Circumstances 1. Force, Threat or Intimidation – It is not necessary that the force employed against the complaining woman in rape be so great or of such a character as could not be resisted. It is enough that the force used is sufficient to consummate the culprit's purpose of copulating with the offended woman [People vs. Savellano, G.R. No. L31227 (1974)]. 2. Deprived of Reason or Unconscious – means that the victim has no will to give consent intelligently and freely. [REYES, Book 2] 3. Drowsiness - state of being drowsy, i.e., ready to fall asleep or half-asleep. [People v. Siarza, G.R. No. L-111682 (1997)] 4. Statutory Rape - rape of a woman who is below 12 years of age; victim is conclusively presumed incapable of giving consent to sexual intercourse with another. [People v. Negosa, G.R. Nos. 142856-7 (2003)]

1. Fathers against their daughters [People v. Bayona, G.R. No. 133343 (2000)] 2. Stepfathers against their stepdaughters [People v. Vitor, G.R. No. 113690 (1995)] 3. A godfather against his goddaughter [People v. Casil, G.R. No. 110836 (1995)] 4. Uncles against their nieces [People v. Betonio, G.R. No. 119165 (1997)] 5. The first cousin of the victim’s mother [People v. Perez, G.R. No. 129213 (1999)]

Rule on Resistance General Rule: The law requires manifest and tenacious resistance. A verbal refusal alone will not do. There must be physical struggle, taxing her powers to the utmost. Thus, mere initial resistance of the offended party in rape cases is not enough [REYES, Book 2 citing People vs. Lago, CA, 45 OG 1356]

Evidence Any physical overt act manifesting resistance against the act of rape in any degree from the offended party; or Where the offended party is so situated as to render him/her incapable of giving his consent. [REYES, Book 2]

Exception: Where the victim resists, and the resistance would be futile, even offering none at all does not amount to consent to the sexual assault. [People vs. Las Piñas, Jr. G.R. No. 133444, (2002)]

Qualified and Simple Seduction; When Absorbed Rape by means of fraudulent machinations and grave abuse of authority absorbs the crime of qualified and simple seduction. [Id] Seclusion Not Necessary Rape may, likewise, be committed in a room adjacent to where the victim's family is sleeping, or even in a room shared with other people. [People v. Glivano, G.R. No. 177565 (2008)]

Sweetheart Doctrine Operates on the theory that the sexual act is consensual. It requires proof that the accused and the victim were lovers and that she consented to the sexual relations. [People v. Udang, G.R. No. 210161, (2018)]

NOTE: When the offender in rape has an ascendancy on influence over the girl i.e. a father over his daugher, it is not necessary that she put up a determined resistance. [People v. Metin, G.R. No. 140781 (2003)]

It was previously ruled that being sweethearts does not negate the commission of rape because such does not give the appellant the license to have sexual intercourse against the victim’s will [People vs. Olesco, G.R. No. 174861, (2011)]

Moral Ascendancy or Influence Moral ascendancy or influence exercised by the accused over the victim substitutes for the element of physical force or intimidation such as those committed by:

However, in the later case of People vs. Udang [id.], it has been ruled that the theory may apply in acts of lasciviousness and rape, felonies committed against or without the consent of the victim, it operates on the theory that the sexual

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act was consensual. It requires proof that the accused and the victim were lovers and that she consented to the sexual relations. Exception: Sweetheart doctrine cannot be invoked in instances involving sexual intercourse and lascivious conduct involving child abuse cases under RA 7610, where the victim abused cannot validly give their consent to another person. In cases involving minors, consent is immaterial [id.]. Rape Shield Rule Character of the offended woman is immaterial in rape. [People vs. Udang, id.] Marital Rape Prior to RA 8353, a husband cannot be guilty of rape, however, under Art. 266-C of RA 8353, he may now be held guilty. [People v. Jumawan, G.R. No. 187495 (2014)] Special Complex Crime 1. When the rape is attempted and a homicide is committed by reason of or on the occasion of attempted rape; and 2. When by reason of or on occasion of consummated rape, homicide is committed. [REYES, Book 2]

b. Article 266 - B – Qualified Rape Qualifying Circumstances 1. If the victim: [18-C-7-M] b. Is under 18 yrs. old, & the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity w/in the 3rd civil degree, or the common law spouse of the parent of the victim c. Is under the Custody of the police / military authorities / law enforcement agency d. Is a religious and such legitimate vocation is known by the offender before or at the time of rape e. Is a child below 7 yrs. old; f. Suffered permanent or physical Mutilation or disability by reason or on the occasion of rape 2. If the offender: [SAPMF]

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a. Is afflicted with a Sexually transmissible disease & the virus / disease is transmitted to the victim; b. Is a member of the AFP / PNP / any law enforcement agency / penal institution, & took advantage of his position; c. Knew of the Pregnancy of the offended party at the time of the commission of rape; d. Knew of the Mental disability, emotional disorder, or physical handicap of the offended party at the time of the commission of rape 3. If Rape is committed in Full view of the spouse, parent, any of the children, or other relatives w/in the 3rd civil degree of consanguinity NOTE: Special qualifying circumstances have to be alleged in the information for it to be appreciated. [People v. Gallo]

c. Art. 266 - C - Effect of Pardon The following shall extinguish the criminal action or the penalty imposed: 1. Subsequent valid marriage between the offender and the offended party, but only as to the husband. 2. Subsequent forgiveness by the wife as the offended party when the legal husband is the offender, provided their marriage is not void ab initio. [REYES, Book 2] Applicability of Pardon; Only to Principals Pardon is not applicable to accomplices, accessories and multiple rapes. Since rape is now categorized as a crime against persons, marriage extinguishes the penal action only as to the principal. This does not apply where multiple rape was committed because while marriage with one defendant extinguishes criminal liability, it cannot be extended to acts committed by others. [REYES, Book 2]

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d. Art. 266 - D - Presumptions Evidence which may be accepted: 1. Any physical overt act manifesting resistance against the act of rape in any degree from the offended party; or 2. Where the offended party is so situated as to render him/her incapable of giving his/hear consent. [Art. 266-D, RPC]

I. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

1. Chapter I: Crimes Against Liberty SECTION 1. ILLEGAL DETENTION

a. Article 267 - Kidnapping Serious Illegal Detention

and

Elements [PPu-K-I-MoSSTMiFP]: 1. Offender is a Private individual or a Public Officer who has no duty under the law to detain a person; 2. He Kidnaps or detains another, or in any other manner deprives the latter of his liberty; 3. Detention or kidnapping is Illegal; and 4. In the commission of the offense, any of the following circumstances is present: a. Kidnapping lasts for More than 3 days; b. It is committed Simulating public authority; c. Any Serious physical injuries are inflicted upon the person kidnapped or detained or Threats to kill him are made; or d. Person kidnapped or detained is a Minor, Female, or a Public officer. Essential Element The essential element of kidnapping is the deprivation of the offended party’s liberty under any of the four instances enumerated. [People v. Suarez, G.R. No. L-27352 (1969)]]

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Lack of Consent is a Fundamental Element The involuntariness of the seizure and detention is the very essence of the crime. Although the victim may have initially consented to go with the offender to a place, but the victim is thereafter prevented, with the use of force, from leaving the place where he was brought to with his consent and is detained against his will, the offender is still guilty of kidnapping and serious illegal detention. [People v. Pickrell, G.R. No. 120409 (2003)] Detention is Illegal Detention is illegal when it is not ordered by competent authority nor permitted by law. [REYES, Book 2] Placing Victim in an Enclosure is Not Necessary It is not necessary that the victim be placed in an enclosure, as long as he is deprived, in any manner, of his liberty. It suffices that there be actual or manifest restraint on the person or liberty of the victim. [People v. Cortez, et al., G.R. Nos. 131619-20 (2000)] Lack of Freedom to Leave at Will is Sufficient Leaving a child in the house of another, where he had freedom of locomotion but not the freedom to leave it at will, deprives him of liberty [People v. Acosta, 60 O.G. 6999, cited in REYES, Book 2]. Qualifying Circumstances: [RKDRT] When any of the following circumstances are present, the penalty shall be death: 1. Purpose is to extort Ransom. 2. When the victim is Killed or Dies as a consequence of the detention. 3. When the victim is Raped. 4. When victim is subjected to Torture or dehumanizing acts. Ransom Means money, price or consideration paid or demanded for the redemption of a captured person that would release him from captivity. No specific form of ransom is required and it does not matter whether or not ransom was

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actually paid. [People v. Jatulan, G.R. No. 171563 (2007)] ● Actual demand for ransom is unnecessary, as long as it can be proven that the kidnapping was done for the purpose of extorting money. [REYES, Book 2] ● If kidnapping is for ransom, none of the 4 circumstances under Art. 267 needs to be present. [People v. Cenahonon, G.R. 169962 (2007)] Elements of Kidnapping for Ransom [LDR] 1. Intent on the part of the accused to deprive the victim of Liberty 2. Actual Deprivation of liberty 3. Motive of the accused: extorting Ransom for release of victim [People v. Ejandra, G.R. No 174659 (2008)] Special Complex Crime of Kidnapping with Murder/Homicide Where the person kidnapped is killed in the course of the detention, regardless of whether the killing was purposely sought or was merely an afterthought, the crime is a special complex crime and the maximum penalty shall be imposed as provided by the last paragraph of Art. 267. [People v. Ramos, G.R. No. 118570 (1998)] When Murder and not Kidnapping a. If the primary and ultimate purpose of the accused is to kill the victim - the incidental deprivation of the victim’s liberty does not constitute kidnapping but is merely a preparatory act to the killing and is absorbed by the killing of the victim. [People v. Delim, G.R. No. 142773 (2003)] b. If from the acts of the accused it cannot be inferred that the latter’s purpose was to actually detain or deprive the victim of his liberty - the subsequent killing of the victim did not constitute the crime of kidnapping. The demand for ransom does not convert the crime into kidnapping, if no deprivation of liberty was involved. [People v Padica, G.R. No. 102645 (1993)]

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Illegal Detention v. Arbitrary Detention [REYES, Book 2] Illegal Detention Arbitrary Detention [Art. 267] [Art. 124] As to Offender Private individual or Public public officer/employee officer/employee with a legal duty to who has no legal detain persons duty to detain a person As to Acts Committed Offender kidnaps, Public officer detains detains, or a person without otherwise deprives a legal ground. person of liberty. As to Classification Crime against the Crime against fundamental laws of personal liberty the State

b. Article 268 - Slight Illegal Detention Elements [PKIW]: 1. Offender is a Private individual; 2. He Kidnaps or detains another, or in any other manner deprives him of his liberty. 3. Kidnapping or detention is Illegal; and 4. Crime was committed Without the attendance of any of the circumstances enumerated in Article 267. Liability of Person Furnishing the Place The liability of one who furnishes the place where the offended party is being held captive is that of a principal and not of an accomplice. [REYES, Book 2] Privileged Mitigating Circumstance [R3AC] The penalty is lowered if: 1. Offended party is voluntarily Released within 3 days from the start of illegal detention; 2. Without Attaining the intended purpose; and 3. Before the institution of the Criminal action. NOTE: Voluntary release will only mitigate criminal liability if crime was slight illegal

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detention. If serious, it has no effect. [Asistio v. Hon. San Diego, G.R. No. L-21991 (1964)]

c. Article 269 - Unlawful Arrest Elements [ADN] 1. Offender Arrests or detains another person; 2. Purpose of the offender is to Deliver him to the proper authorities; and 3. Arrest or detention is Not authorized by law or there is no reasonable ground therefor. Offender The offender may be a private individual or a public officer but the public officer must not be vested with the authority to arrest or be acting in his official capacity. [REYES, Book 2] Arbitrary Detention v. Unlawful Arrest v. Delay in the Delivery of Detained Persons [REYES, Book 2] Delay in Unlawful Arbitrary Delivery of Arrest Detention Detained [Art. 269] [Art. 124] Persons [Art. 125] As to Offender Any person Public officer As to Purpose of the Offender Intention to No intention Intention to bring the to bring the bring the offender to offender to offender to the proper the proper the proper authority authorities. authority and and file a Intention is file a case case merely to detain him. As to the Classification Crime Crime Against Fundamental against Law of the State Liberty Cause for Detention Detention is without legal Detention is ground for some legal ground. How Crime is Committed

By making an arrest not authorized by law

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By detaining a person without legal ground although the offender has authority to make arrests

By failing to deliver such person to the proper judicial authority within a certain period.

SECTION 2. KIDNAPPING OF MINORS

d. Article 270 - Kidnapping Failure to Return a Minor

and

Elements [ED]: 1. Offender is Entrusted with the custody of a minor person (under 18 years of age) 2. He Deliberately fails to restore the said minor to his parents or guardians When Offender is a Parent The penalty if the offender is a parent, is that provided in Art. 271 which is arresto mayor. [REYES, Book 2] Failure to Return a Minor included in Kidnapping and Serious Illegal Detention The deliberate failure to return a minor under one’s custody constitutes deprivation of liberty. Kidnapping and failure to return a minor is necessarily included in kidnapping and serious illegal detention of a minor under Article 267(4). [People v. Generosa, G.R. No. L-69236 (1986)] Failure to Return Minor v. Serious Illegal Detention Kidnapping and Failure to Return Serious Illegal a Minor Detention of [Art. 270] Minors [Art. 267] As to Offender Offender is Offender is not entrusted with the entrusted with the custody of the minor custody of the minor.

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Hence, where a minor child was taken without the knowledge and consent of his parents, the crime is kidnapping and serious illegal detention under Article 267. [People v. Mendoza, G.R. No. 180501 (2008)] As to Act Punished What is punished is What is punished is the deliberate failure the illegal detaining of the offender or kidnapping of the having custody of minor the minor to restore him to his parents or guardians

e. Article 271 - Inducing a Minor to Abandon His Home Elements [MI]: 1. Minor (under 18) is living in the home of his parents or guardians or the person entrusted with his custody; and 2. Offender Induces said minor to abandon such home. Requisites of Inducement Inducement must be: [AID] 1. Actual, 2. Committed with criminal Intent, and 3. Determined by a will to cause Damage. [REYES, Book 2] Minor Need Not Actually Abandon his Home The minor should not leave his home of his own free will. What constitutes the crime is the act of inducing a minor to abandon the home of his guardian, and it is not necessary that the minor actually abandons the home. [REYES, Book 2]

CRIMINAL LAW

and the custody of the minor children is given to one of them. [REYES, Book 2] SECTION 3. SLAVERY AND SERVITUDE

f. Article 272 – Slavery Elements [PuSeKiDe-E]: 1. Offender Purchases, Sells, Kidnaps or Detains a human being; and 2. Purpose of the offender is to Enslave such person. Qualifying Circumstance The penalty is increased if the purpose of the offender is to assign the offended party to some immoral traffic. [REYES, Book 2]

g. Article 273 - Exploitation of Child Labor Elements [RAD]: 1. Offender Retains a minor in his services; 2. It is Against the will of the minor; and 3. 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.

h. Article 274 - Services Rendered Under Compulsion in Payment of Debt Elements [HoLA-Pay]: 1. Offender compels a debtor to work for him, either: a. As a Household servant; or b. Farm Laborer; 2. It is Against the debtor’s will; 3. Purpose is to require or enforce Payment of a debt.

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Service under Compulsion v. Exploitation of Child Labor Service under Exploitation of Compulsion Child Labor [Art. 274] [Art. 273] As to the Victim Does not distinguish Victim must be a whether or not the minor victim is a minor As to the Person Compelled to Work The minor is The debtor himself is the one compelled compelled to render services for the to work for the supposed debt of offender his parents or guardian As to Nature of Work Limited to household Service is not limited work or farm labor

2. Chapter II: Crimes Against Security SECTION 1. ABANDONMENT OF HELPLESS PERSONS AND EXPLOITATION OF MINORS

a. Article 275 - Abandonment of Persons in Danger and Abandonment of Own Victim Punishable Acts [UAC] 1. Failing to render assistance to any person whom the offender finds in an Uninhabited 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. 2. Failing to help or render assistance to another whom the offender has Accidentally wounded or injured; 3. Failing to deliver a Child, under seven years of age, whom the offender has found abandoned, to the authorities or to his family, or by failing to deliver him to a safe place.

CRIMINAL LAW

Elements of the First Punishable Act [UWWF]: 1. Place is Uninhabited; 2. Accused found there a person Wounded or in danger of dying; 3. Accused can render assistance Without detriment to himself; and 4. Accused Fails to render assistance. Uninhabited Place Whether a place is to be considered uninhabited or not depends on the possibility of a person receiving assistance from another. The place may still be considered uninhabited even if there are many houses around if the possibility of receiving assistance is remote [id.] NOTES: ● This provision does not apply when the offender intentionally wounds another [REYES, Book 2] ● The child under 7 years old must be found in an unsafe place [id] ● It is immaterial that the offender does not know that the child is under seven. [id]

b. Article 276 - Abandoning a Minor Elements [CSAN]: 1. Offender has the Custody of a child; 2. Child is under Seven years of age; 3. He Abandons such child; and 4. He has No intent to kill the child when the latter is abandoned. Qualifying Circumstances [DD]: 1. When the Death of the minor resulted from such abandonment; or 2. If the life of the minor was in Danger because of the abandonment. Abandonment Permanent, conscious and deliberate abandonment is required. Abandonment is not the momentary leaving of a child but is a deprivation of care and protection from danger to his person. [People v. Bandian, G.R. No. 45186 (1936)]

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No Presumption of Intent to Kill The ruling that the intent to kill is presumed from the death of the victim of the crime is applicable only to crimes against persons, and not to crimes against security, particularly the crime of abandoning a minor under Art. 276. [REYES, Book 2] Loss of Parental Authority If the offender is the parent of the minor who is abandoned, he shall be deprived of parental authority. [Art. 332, New Civil Code]

c. Article 277 - Abandonment of Minor by Person Entrusted With Custody; Indifference of Parents Punishable Acts [DEd]: 1. Delivering a minor to a public institution or other persons without the 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 [RedC]: a. Offender was in charge of the Rearing or education of a minor; b. He Delivers said minor to a public institution or other persons; and c. No Consent was obtained from the one who entrusted such child to the offender; or if such person is absent, the proper authorities have not consented to it. 2. Neglecting his (offender’s) children by not giving them the Education which their station in life requires and financial condition permits Elements [PES]: a. Offender is a Parent; b. He neglects his children by not giving them Education; and c. His Station in life requires such education and his financial condition permits it.

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Notes: a. Termination of obligation to educate children – such obligation terminates if the mother and children refuse without good reason to live with the accused. [People v. Miraflores, C.A.-G.R. No. 43384] b. Failure to give education must be due to deliberate desire to evade such obligation – if the parents cannot give education because they had no means to do so, then they will not be liable under this article. [REYES, Book 2] Abandonment of Minor by Person Entrusted with Custody v. Abandonment of a Minor Abandonment by Abandonment of Person Entrusted Minor with Custody [Art. 276] [Art. 277] As to Custody of the Offender Custody specific to the rearing or Custody in general education of the child As to Age of the Minor Minor must be under Minor must be under 18 7 As to Act of Abandonment Minor is abandoned Minor is delivered to in such a way as to a public institution or deprive him of care other person and protection

d. Article 278 - Exploitation of Minors Punishable Acts [DEDDI]: 1. Causing any boy or girl under 16 years of age to perform any Dangerous feat of balancing, physical strength or contortion, the offender being any person; 2. Employing children under 16 years of age who are not the children or descendants of the offender in Exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer, the offender being an acrobat, etc.,

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or circus manager or engaged in a similar calling; 3. Employing any Descendant under 12 years of age in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of the said callings; 4. Delivering a child under 16 years of age gratuitously to any person following any of the callings enumerated in mode 2, or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher or person entrusted in any capacity with the care of such child; 5. Inducing any child under 16 years of age to abandon the home of its ascendants, guardians, curators or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 or to accompany any habitual vagrant or beggar, the offender being any person. Qualifying Circumstances: Delivery of the child in consideration of any price, compensation, or promise. [Art. 278, RPC] Other Effects if Offender is Convicted: 1. Guardian or Curator – shall be removed as such. 2. Parents – may be deprived of their parental authority, temporarily or perpetually, at the court’s discretion [Art. 278, RPC]. Exploitation of Minors v. Inducing a Minor to Abandon his Home [REYES, Book 2] Exploitation of Inducing a Minor Minors [Art. 278, to Abandon His par. 5] Home [Art. 271] As to Purpose Purpose is to follow Purpose is to simply any person engaged induce the minor to in any of the callings leave his home. mentioned As to Age of Victim Victim is under 16 Victim is a minor years or 12 years of (below 18 years of age age)

CRIMINAL LAW

Summary of Ages of Minors Minor is one who is: 1. Below 18 years of age a. Kidnapping and Failure to Return a Minor [Art. 270] b. Abandonment of Minor Entrusted with His Custody; Indifference of Parents [Art. 277] c. Swindling a Minor [Art. 317] 2. Below 16 years of age a. Exploitation of Minors (Pars. 1, 2, 4 and 5) [Art. 278] 3. Below 12 years of age a. Exploitation of Minors (Par. 3) [Art. 278] 4. Below 7 years of age a. Abandoning a Minor [Art. 276] b. Abandonment of helpless persons in danger and abandonment of one’s own victim (Par 3) [Art. 275(3)]

e. Article 279 – Additional Penalties for Other Offenses Other Penalties may be Imposed The penalties prescribed in Art 275-278 shall not prevent the imposition of penalties under other provisions of the RPC upon the same offender. SECTION 2. TRESPASS TO DWELLING

f. Article 280 - Qualified Trespass to Dwelling Elements [PEW] 1. Offender is a Private person; 2. He Enters the dwelling of another; and 3. Such entrance is against the latter’s Will. Qualifying Circumstance: Offense is committed by means of violence or intimidation. Dwelling Place The place that a person inhabits. It is any building or structure exclusively devoted for rest and comfort. It includes the dependencies

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which have interior communication with the house. [REYES, Book 2]

dwelling as an aggravating circumstance [REYES, Book 2]

It is not necessary that it be the permanent dwelling of the person. A person’s room in a hotel may be considered a dwelling. It also includes a room where one resides as a boarder. [REYES, Book 2]

Owners may be Guilty of Trespass Trespass may be committed by the owner of a dwelling (i.e. lessor enters the house leased to another against the latter’s will). [People v. Almeda et al.,15 Phil 223]

Authority to Invite into House All members of a household are presumed to have authority to extend an invitation to enter the house. [US v. Dulfo, G.R. No. 4133 (1908)]

What is Not Considered Trespass [PSC]: 1. Entrance to another’s dwelling made for the purpose of Preventing some serious harm to himself, the occupants of the dwelling, or a third person. 2. If the purpose is to render some Service to humanity or justice. 3. If the place where entrance is made is a Café, tavern, inn, and other public house, while the same are open.

Prohibition Required General Rule: Prohibition must be in existence prior to or at the time of entrance. The entrance must be against the presumed, or implied, or express prohibition of the occupant. Lack of permission does not amount to prohibition. [People v. De Peralta, G.R. No. 17332 (1921)] Exception: Prohibition is not necessary when violence or intimidation is employed by the offender (qualified trespass). [REYES, Book 2] ● Violence or intimidation may take place immediately after the entrance [US v. Arceo, G.R. No. 1491 (1904)] Implied Prohibition 1. If the entry is made by a way not intended for entry, it is presumed to be against the will of the occupant (example, entry through a window). [REYES, Book 2] 2. When one enters the dwelling of another at late hour of the night after the occupants have retired and closed their doors does so against their will. Prohibition is presumed. [US v. Mesina, G.R. No. 6717 (1911); US v. Panes, G.R. 7987 (1913)] Crime Committed if a Person is Killed If a person was killed after trespass by the offender, the following crimes are committed: 1. If there was no intent to kill when he entered: separate crimes of homicide or murder qualified by trespass to dwelling. 2. If there was intent to kill when he entered: the crime is homicide/murder with

Violation of Domicile vs. Trespass to Dwelling Violation of Trespass to Domicile [Art. 128] Dwelling [Art. 280] Classification Crimes against Crime against Fundamental Laws Security of the State As to Offender Public officer or employee, not Private individual authorized by any judicial order As to Manner of Commission 1. Entering the dwelling against the will of the owner Entering the 2. Surreptitiously dwelling against the entering the will of the owner. swelling and refusing to leave after being required to do so.

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g. Article 281 - Other Forms of Trespass Elements [CUMN]: 1. Offender enters the Closed premises or the fenced estate of another; 2. Entrance is made while either of them is Uninhabited; 3. Prohibition to enter is Manifest; and 4. Trespasser has Not secured the permission of the owner or the caretaker thereof. Premises “Premises” signifies distinct and definite locality. It may mean a room, shop, building or definite area, but in either case, locality is fixed. [REYES, Book 2] Qualified Trespass v. Other Forms of Trespass [REYES, Book 2] Qualified Trespass Other Forms of to Dwelling [Art. Trespass [Art. 281] 280] As to Offender Offender is a private Offender is any person person As to the Premises Entered Offender enters Offender enters a closed premises or dwelling fenced estate As to Place Place entered is Place entered is inhabited uninhabited As to Act Punished Entering the closed premises or the Entering the fenced estate dwelling against the without securing the will of the owner permission of the owner or caretaker. As to Prohibition Prohibition to enter is Prohibition to enter express or implied must be manifest

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SECTION 3. THREATS AND COERCION

h. Article 282 - Grave Threats Punishable Acts [AWC] 1. Threatening another with the infliction upon his person, honor or property or that of this family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful, and the offender Attained his purpose; 2. Making such threat Without the offender attaining his purpose; 3. Threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a Crime, the threat not being subject to a condition. Elements: Mode 1: Mode 2: Mode 3: Threatening Threat w/o Threat of , even if not attaining crime unlawful purpose [TCNN] [TCDN] [TCDA] 1. 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. 2. Such wrong amounts to a Crime. 3. There is a Demand for 3. Threat is money or that any other Not subject condition is imposed, even to a though not unlawful. condition. 4. Offender 4. Offender Attains his does Not purpose. attain his purpose. Third Type of Grave Threats The third type of grave threats must be serious and deliberate; the offender must persist in the idea involved in his threats. The threat should not be made in the heat of anger, because such is punished under Article 285. If the condition is not proved, it is grave threats of the third type. [REYES, Book 2]

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Qualifying Circumstance: If the threat was made in writing or through a middleman, penalties imposed will be that of the maximum period. [REYES, Book 2] Offended Party Need Not be Present It is not necessary that the offended party was present at the time the threats were made. It is sufficient that the threats came to the knowledge of the offended party. [REYES, Book 2] When Consummated As soon as the threats came to the knowledge of the offended party. [REYES, Book 2] Commission of Crime Threatened If there is another crime actually committed or the objective of the offender is another crime and the threat is only a means to commit or a mere incident to its commission, the threats are absorbed by the latter. [REYES, Book 2] Example: When threats are made and money or property is demanded on the spot, the crime may be robbery with intimidation. [US v. Osorio, G.R. No. 6660 (1912)] Sec. 1(h) of PD 1829 (Obstruction of Justice) Threatening the infliction of any wrong upon another’s person, honor, or property or that of any of his immediate family members or the imposition of a condition, whether lawful or unlawful, shall be punished as obstruction of justice when the purpose of such is to prevent a person from appearing in the investigation of, or official proceedings in criminal cases. [Sec 1(h), P.D. No. 1829]

i. Article 283 - Light Threats Elements [T-N-D-AN]: 1. Offender makes a Threat to commit a wrong; 2. Wrong does Not constitute a crime; 3. There is a Demand for money or that other condition is imposed, even though not unlawful; and

CRIMINAL LAW

4. Offender has Attained his purpose or, that he has Not attained his purpose. NOTE: Blackmailing may be punished under this article. [REYES, Book 2] Grave Threats v. Light Threats [REYES, Book 2] Grave Threats Light Threats [Art 282] [Art 283] Acts Threatened to be Committed Act threatened does Act threatened not amount to a amounts to a crime crime As to Demand for Money Demand for money/imposition of Demand is not an any condition is an essential element essential element under mode 3. whether attained or not.

j. Article 284 - Bond for Good Behavior When a Person is Required to Give Bail Bond When the offender threatens another under the circumstances mentioned in: 1. Art. 282 (Grave Threats); or 2. Art. 283 (Light Threats). Bond for Good Behavior v. Bond to Keep the Peace Bond for Good Bond to Keep the Behavior Peace [Art 284] [Art 35] As to Applicability to Cases Applicable only to Not applicable to grave threats and any particular case light threats Effect of Failure to Give He shall be He shall be detained sentenced to for a period not destierro. exceeding 6 months (if prosecuted for grave/less grave

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felony) or not exceeding 30 days (light felony) As a Penalty Not a distinct penalty [REYES, Book 2]

A distinct penalty

k. Article 285 – Other Light Threats Punishable Acts [WDACN] 1. Threatening another with a Weapon; 2. Drawing such weapon in a quarrel, unless it be in lawful self-defense; 3. Orally threatening another, in the heat of Anger, with some harm constituting a Crime, without persisting in the idea involved in his threat; and 4. Orally threatening to do another any harm Not constituting a felony. If Uttered in Anger If the threats are directed to a person who is absent and uttered in a temporary fit of anger, the offense is only other light threats. [People v. Fontanilla, G.R. No. 39248 (1934)] Other Light Threats v. Grave/Light Threats Other Light Grave Threats Threats and Light Threats [Art 285] [Arts. 282 and 283] As to Demand/Condition No demand for In certain cases, money or condition demand or condition is imposed is material As to Threat Threat is not Threat is deliberate deliberate

l. Article 286 - Grave Coercions Threats v. Coercion Threats Coercion As to Threatened Harm Threatened harm Threatened harm is must be imminent, future and actual, and conditional immediate

CRIMINAL LAW

As to Whom Violence is Directed Intimidation is Intimidation is directed against the directed against the victim or his family victim only Elements Mode 1: Mode 2: Preventing Compelling something not Another to do Prohibited by Law Something against [PVN] his Will [CVN] 1. Offender 1. Offender Prevented another Compelled another from doing to do something something not against his will; be it prohibited by law right or wrong 2. Effected by Violence, threats or intimidation 3. Restraint is Not made under authority of law or in the exercise of any lawful right When Prevention is Not Considered Coercion [REYES, Book 2] a. Interruption of religious worship [Art. 132, RPC]. b. Acts tending to prevent the meeting of the Assembly and similar bodies. [Art. 143, RPC]. c. Violation of parliamentary Immunity. [Art. 145, RPC]. d. Light coercion [Art. 287, RPC]. When Compulsion is not Considered Coercion [REYES, Book 2] a. Expulsion [Art 127, RPC] b. Kidnapping of debtor to compel him to pay [Art. 267, RPC] When Consummated Coercion is consummated even if the offended party did not accede to the purpose of coercion. [US v. Cusi, G.R. No. 3699 (1908)] Qualifying Circumstances [SRR] 1. Violation of the exercise of the right of Suffrage 2. Compelling another to perform any Religious Act

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3. Preventing another to perform Religious act [REYES, Book 2]

any

Grave Coercion v. Illegal Detention [REYES, Book 2] Grave Illegal Maltreatment of Coercion Detention Prisoners [Art. 267[Art. 235] [Art. 286] 268] As to Offender Any Private Public Officer or person individual employee As to Offended Party Offended party is not a Offended party is prisoner a prisoner As to Essential Element Coercion Actual Maltreatment or confineme related to prevention nt or correction/handli by restraint of ng of prisoner or violence, the person to extort a threats or confession or information intimidatio n. There is no clear intent of depriving of liberty.

m. Article 287 - Light Coercions

Unjust Vexation It includes any human conduct which, although not productive of some physical or material harm would, however, unjustifiably annoy or vex an innocent person. [REYES, Book 2] Grave Coercion v. Unjust Vexation [REYES, Book 2] Grave Coercion Unjust Vexation [Art. 286] [Art. 287] As to Violence and Intimidation There is violence There is no violence and intimidation or intimidation Light Coercion v. Robbery v. Estafa [Boado] Estafa by Means of Light Robbery Deceit Coercion [Art. 294] [Art. 315 (2 & [Art. 287] 3)] Property Value of the No obligation seized is property on the part of applied to seized is the offended debt by greater than party (no debt means of the debt and is involved) violence. violence, but deceit intimidation caused or use of damage to force upon him. things is employed

n.

Elements [CresSViA]: 1. Offender must be a Creditor; 2. He Seizes anything belonging to his debtor; 3. Seizure of the thing is accomplished by means of Violence or a display of material force producing intimidation; and 4. Purpose of the offender is to Apply the same to the payment of the debt. NOTE: Any other coercion or unjust vexation is also punishable under this provision.

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Article 288 Coercions

-

Other

Similar

Punishable Acts [PT] 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; Elements [OLP]: a. Offender is any person, agent or Officer of any association or corporation; b. He or such firm or corporation has employed Laborers or employees;

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c. 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 him or from said firm or corporation. 2. Paying the wages due his laborer or employee by means of Tokens or object other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee. Elements [TON]: a. Offender (employer) pays the wages due a laborer or employee by means of Tokens or object; b. Those tokens or Objects are not the legal tender currency of the Philippines; c. Such employee or laborer does Not expressly request that he be paid by means of tokens or objects.

o. Article 289 Formation, Maintenance, and Prohibition of Combination of Capital or Labor through Violence or Threats (repealed by Labor Code) Elements [ViCo]: 1. 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; and 2. Purpose is to organize, maintain or prevent Coalitions of capital or labor, strike of laborers or lockout of employers.

3. Chapter III: Discovery and Revelation of Secrets

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a. Article 290 - Discovering Secrets through Seizure of Correspondence Elements [PSDI]: 1. Offender is a Private individual or a public officer not in the exercise of his official function; 2. He Seizes the papers or letters of another; 3. Purpose is to Discover the secrets of such another person; and 4. Offender is Informed of the contents of the papers or letters seized. NOTE: Discovering secrets through seizure of correspondence cannot be committed through negligence. [REYES, Book 2] Persons Not Covered by Art. 290 Provision is not applicable to parents, guardians, or persons entrusted with the custody of minors placed under their care or custody, and to the spouses with respect to the papers or letters of either of them. [Id.] Qualifying Circumstance Offender reveals the contents to a third person. [id]

b. Article 291 - Revealing Secrets with Abuse of Office Elements [MES-L-R]: 1. Offender is a Manager, Employee or Servant; 2. He Learns the secrets of his principal or master in such capacity; and 3. He Reveals such secrets. Damage Immaterial An employee, manager, or servant who reveals the secret of his master or principal shall be liable regardless of the damage suffered by the principal or master. [REYES, Book 2] Secrets Learned in the Course of Employment Essence of this crime is that the offender learned of the secret in the course of his

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employment. With the reason being that no one has a right to the personal privacy of another. [id.] Discovering Secrets through Seizure of Correspondence v. Public Officer Revealing Secrets of Private Individual vs. Revealing Secrets with Abuse of Office Discovering Public Revealing Secrets Officer Secrets through Revealing with Abuse Seizure of Secrets of of Office Corresponde Private [Art. 291] nce Individual [Art. 290] [Art. 230] As to Offender Private Public Manager, Officer Individual or Employee Public Officer or Servant not in the serving a exercise of his Principal or official Master functions As to Where Secrets are Contained Papers or No specific No specific letters of medium. medium. another What is The necessary offender is that the learns of offender the secret learns of by reason the secret of her or his by reason employmen of his office t. As to Revelation of Secrets Secrets need Secrets must be revealed not be revealed.

CRIMINAL LAW

2. The manufacturing or industrial establishment has a Secret of the industry which the offender has learned; 3. Offender Reveals such secrets; and 4. Prejudice is caused to the owner. NOTES: 1. Secrets must relate to manufacturing processes [REYES, Book 2] 2. The revelation of the secret might be made even after the employee or workman had ceased to be connected with the establishment. [id.]

J. CRIMES AGAINST PROPERTY 1. Chapter I: Robbery in General a. Article 293 – Who Are Guilty of Robbery Classifications of Robbery: [ViFo] 1. Robbery with Violence against, or intimidation of persons (Arts. 294, 297 & 298); and 2. Robbery by use of Force upon things (Art. 299 & 302) [REYES, Book 2] Elements of Robbery in General [PTI-ViFo]: 1. There is a Personal property belonging to another; 2. There is unlawful Taking of that property; 3. The taking must be with Intent to gain; and 4. There is: a. Violence against or intimidation of any person; or b. Force used upon things

of

1. There is a Personal property belonging to another;

Elements: 1. Offender is a person in charge, employee or workman of a manufacturing or industrial Establishment;

Rules: a. Property taken must be personal – if real property/right is the one usurped, the crime is usurpation under Art. 312. [REYES, Book 2].

c. Article 292 - Revelation Industrial Secrets

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b. Prohibitive articles may be the subject of a Robbery - example: Opium [U.S. v. Sana Lim, G.R. No. 9604, (1914)] c. Person from whom the personal property taken need not be the owner possession of the property is sufficient. [REYES, Book 2] d. Co-owner or Partner cannot commit Robbery – following the rule that property stolen must belong to another; a co-owner or partner cannot commit robbery with regard to the co-ownership or partnership property. [id.]

Elements of “Personal Property belonging to Another” and “Intent to Gain” must concur: a. If the accused, with intent to gain, took from another, personal property which turned out to be his own property, the property not belonging to another, he cannot be held liable for robbery; b. If he took personal property from another, believing that it was his own property, but in reality it belonged to the offended party, there being no intent to gain, he cannot be held liable for robbery. [id.]

2. There is property;

4. There is: a. Violence against or intimidation of any person; or b. Force used upon things.

unlawful

Taking

of

that

Taking - Depriving the offended party of ownership of the thing taken with the character of permanency [Bernal vs. CA, G.R. No. L32798, (1988)] Unlawful taking is complete: a. As to Robbery with Violence against or Intimidation of Persons – From the moment the offender gains possession of the thing, even if the culprit had no opportunity to dispose the same. b. As to Robbery with Force Upon Things – The thing must be taken out of the building to consummate the crime [id.] When Crime is Estafa and not Robbery If the thing is lawfully seized and the idea of misappropriating it is conceived only after it came into their possession, the crime committed would be estafa. [U.S. vs. Sana Lim, supra] 3. The taking must be with Intent to gain; and

General Rule: Violence or intimidation must be present before the taking of personal property is complete. Exception: When violence results in: a. Homicide; b. Rape; c. Intentional mutilation; or d. Any of the serious physical injuries penalized in paragraphs 1 and 2 of Art. 263; Taking of personal property is robbery complexed with any of those crimes under Art. 294, even if the taking was already complete when the violence was used by the offender. Violence must be Against the Person Offended The violence must be against the person of the offended party, not upon the thing taken. [REYES, Book 2]

Intent to Gain is Presumed Intent to gain is presumed from the unlawful taking of personal property belonging to another, unless taken with the belief that it was his own. REYES, Book 2]

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Violence Against or Intimidation of Persons vs. Force Upon Things Violence Against or Intimidation of Force Upon Things Persons As to Effect Whenever violence There is robbery against or only if force is used intimidation of any to: [EBF] person is used, the 1. Enter the building; taking of personal 2. Break doors, property belonging wardrobes, to another is always chests, or any robbery other kind of locked or sealed furniture or receptacle inside the building; or 3. Force them open outside after taking the same from the building [Art. 299 & 302, RPC] As to Basis of Penalty Penalty depends on: If committed in an [RIn] inhabited house, 1. Result of the public building, or violence used edifice devoted to (e.g., whether religious worship, homicide, rape or the penalty is based physical injuries on: [VA] were also 1. Value of the thing committed); and taken; and 2. Existence of 2. Whether Intimidation. offenders carry Arms Value of the thing taken is immaterial. [id.] Effect When Both Violence or Intimidation and Force Upon Things are Present When the offender takes personal property belonging to another with intent to gain and employs violence against or intimidation on any person, the crime is robbery with violence

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against or intimidation of persons, even if the robbery was committed after the offender had entered the same through a window, or after breaking its door or wall. [REYES, Book 2] SECTION 1. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

b. Article 294 – Robbery with Violence or Intimidation of Persons Punishable Acts: [HRIP-UNoV] 1. When by reason or on occasion of the robbery, the crime of Homicide is committed; 2. When the robbery is accompanied by Rape or intentional mutilation or arson; 3. When by reason or on occasion of such robbery any of the physical injuries resulting in Insanity, imbecility, impotency or blindness is inflicted; 4. When by reason or on occasion of robbery, any of the Physical injuries penalized in Art. 263(2) [Serious Physical Injuries] is inflicted; a. Loss of the use of speech or the power to hear or to smell, or the loss of an eye, a hand, a foot, an arm or a leg; or b. Loss of the use of any such member; or c. Incapacity for the work in which the injured person is theretofore habitually engaged is inflicted. 5. If the violence or intimidation employed in the commission of the robbery is carried to a degree clearly Unnecessary for its commission. 6. When in the course of its execution, the offender inflicted upon any person Not responsible for the commission of the robbery any of the Physical Injuries covered by Art 263(3 & 4) of the RPC; when the person injured becomes: a. Becomes deformed; or b. Loses any other member of his body; or c. Loses the use thereof; or d. Becomes ill or incapacitated for the performance of the work in which he is habitually engaged for labor for more than 90 days; or

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e. Becomes ill or incapacitated for labor for more than 30 days, but not more than 90 days. 7. If the Violence employed by the offender: a. Does not cause any of the serious physical injuries defined in Art. 263, or b. If the offender employs intimidation only. NOTE: The crime defined in this article is a special complex crime. [REYES, Book 2] This article only applies where robbery with violence against or intimidation of persons takes place without entering an inhabited house under the circumstances in Art. 299 (Robbery in an Inhabited House or Public Building) [Napolis vs. CA, G.R. No. L – 28865, (1972)]

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When Not Complexed In the following instances, there will be two separate crimes of homicide or murder and robbery [id.].: 1. When homicide was not committed by reason of or on occasion of the robbery 2. When intent to take was merely an afterthought; such as when the idea of taking the personal property of another with intent to gain came to the mind of the offender after he had killed the victim. However, homicide may precede robbery or may occur after the robbery. What is essential is that there be a direct and intimate relation/connection between the robbery and killing, provided that the taking is not merely an afterthought [REYES, Book 2]

Special Complex Crimes Under Art. 294: 1. Robbery with Homicide Homicide - is to be understood in its generic sense as to include parricide and murder [REYES, Book 2] Robbery must be the Main Purpose A conviction for robbery with homicide requires certitude that the robbery was the main purpose and objective of the criminals and that the killing was merely incidental, resulting merely by reason or on the occasion of the robbery. [People vs. Salazar, G.R. No. 99355, (1997)]

There is Robbery with Homicide even if: a. The killing is done to suppress evidence, as long as the robbery is “the reason” of the homicide [People vs. Madrid, G.R. No. L3023, (1951)] b. The death of a person supervened by mere accident [People vs. Mangulabnan, G.R. No. L-8919, (1956)] c. The person killed was a bystander and not the person robbed [People vs. Barut, G.R. No. 179943, (2009)] Covers Multiple Killings The concept of robbery with homicide does not limit the taking of life to one single victim.

“By reason or on occasion of the robbery” - means that the homicide or serious physical injuries must be committed in the course or because of the robbery. Otherwise, they shall be separate offenses [REYES, Book 2]

All the homicides or murders are merged in the composite, integrated whole, so long as all the killings were perpetrated by reason or on the occasion of the robbery. [People vs. Madrid, id.]

Absorption of Other Felonies Committed All the felonies committed by reason of or on the occasion of the robbery (e.g., rape, intentional mutilation, etc.) are integrated into one and individisible felony of robbery with homicide [id.].

All Participants Are Principals General Rule: All those who took part as principals in the robbery would also be held liable as principals of the single and indivisible felony of robbery with homicide Exception: When it clearly appears that one or some of them endeavored to prevent the same.

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[People vs. Hernandez, G.R. No. 139697, (2004)] NOTES: There is no crime of robbery with murder. If treachery is present, it shall be considered as a generic aggravating circumstance [People vs. Abang, G.R. No. L14623, (1960)] Robbery with Homicide vs. Highway Robbery Robbery with Highway Robbery Homicide [Art. 294] [PD 532] As to the Proof Required for Conviction Conviction for Conviction for robbery with highway robbery homicide merely requires proof that requires proof that several accused the homicide was were organized for committed by the purpose of reason or on the committing it occasion of a indiscriminately. robbery [REYES, Book 2] 2. Robbery with Rape Like in robbery with homicide, the offender must have the intent to take the personal property belonging to another with intent to gain, and such intent must precede the rape. [REYES, Book 2] NOTE: Even if the rape was committed in another place, it is still robbery with rape [US vs. Tiongco, G.R. No. L-12270, (1918)] Rape may be Committed before taking the Personal Property They intention of the culprits from the beginning was to take personal property. Even if the rape was committed before the taking, they are guilty of robbery with rape. [People vs. Canastre, G.R. No. L-2055 (1948)] No Crime of Robbery with Attempted Rape Art. 294, par. 2, which punishes robbery with rape (consummated) does not cover robbery with attempted rape. [REYES, Book 2]

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Covers Multiple Rapes All rapes are merged in the composite integrated whole that is robbery with rape and it does not matter whether the rap occurred before, during or after the robbery [People v. Seguis, G.R. No. 135034, (2001)] NOTE: Additional acts of rape committed on same occasion of robbery will not increase the penalty, also they shall neither be considered aggravating circumstances [REYES, Book 2] Rape as an Aggravating Circumstance When Rape and Homicide co-exist in the commission of Robbery, Rape is considered as an aggravating circumstance [People vs. Ganal, G.R. No. L-1990, (1950)] All Participants are Principals Based on the concept of conspiracy, all robbers may be held liable for robbery with rape even if not all of them committed the crime of rape [People vs. Balacanao, G.R. No. 118133, (2003)] 3. Robbery with Arson In robbery with arson, it is essential that the robbery precedes the arson. There must be an intent to commit robbery, and no killing, rape or intentional mutilation should be committed in the course of the robbery, or else arson will only be considered as an aggravating circumstance [BOADO]. 4. Robbery with Serious Physical Injuries Any injuries not under Art. 263 or not serious in nature will fall under a Simple Robbery [REYES, Book 2] In Robbery with Unnecessary Violence and Intimidation under par. 4, the Violence need not result in Physical Injuries; all that Art. 294 requires is that the violence be unnecessary for the commission of the robbery. [Id.] 5. Simple Robbery Under Par. 5 or Simple Robbery, this involves slight or less serious physical injuries, which

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are absorbed in the crime of robbery as an element thereof [REYES, Book 2] NOTE: Violence or intimidation may enter at any time before the owner is finally deprived of his property [id.] Threats to Extort Money vs. Robbery through Intimidation [REYES, Book 2] Threats to Extort Robbery Through Money Intimidation [Art. 282] [Art. 294] As to the Nature of the Intimidation Conditional or future Actual and Immediate As to How Intimidation is Done May be through an Personal Intermediary As to Whom Intimidation is Directed May refer to the directed only to the person, honor or person of the victim property of the offended party or that of his family As to the Culprit’s Gain Gain is not Gain is immediate immediate Robbery vs. Bribery Robbery Bribery [Arts. 293 & 294] [Art. 210-211-A] As to the Manner of Commission Victim is deprived of Victim voluntarily his personal parts with his money property by violence, or property. intimidation or force upon things. As to Purpose of Deprivation of Property Offender simply Money or gift intends to gain. obtained by the person bribed was meant as consideration for the agreement of performance or non-

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performance of an act

c. Art. 295 – Robbery with Physical Injuries Committed in an Uninhabited Place and by a Band or With the Use of a Firearm on a Street, Road or Alley Qualified Robbery with Violence Against or Intimidation of Persons (Art. 294 par. 3, 4 and 5): If committed: [U-BAES] 1. In an Uninhabited place, or 2. By a Band, or 3. By Attacking a moving train, street car, motor vehicle, or airship, or 4. By Entering the passengers’ compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances; or 5. On a Street, road, highway, or alley, and the intimidation is made with the use of Firearms NOTE: Above circumstances must be alleged in the information. Moreover, these 5 qualifying circumstances cannot be offset by a generic mitigating circumstance. [REYES, Book 2] Uninhabited place One where there are no houses at all, a place at a considerable distance from the town, or where the houses are scattered at a great distance from each other. [REYES, Book 1] Imposable Penalty Offender found liable under this article shall be punished by the maximum periods of the proper penalties in Art. 294. [id.]

d. Art. 296 – Definition of a Band and Penalty Incurred by the Members thereof Rule: [4-AP] 1. When at least 4 (more than 3) armed malefactors take part in the commission of

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a robbery, it is deemed committed by a band. 2. When any of the Arms used in the commission of robbery is not licensed, penalty upon all the malefactors shall be the maximum of the corresponding penalty provided by law, without prejudice to the criminal liability for illegal possession of such firearms. 3. Any member of a band who was present at the commission of a robbery by the band, shall be punished as Principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the crime. Requisites for Liability for the Acts of Other Members: [MPAP] 1. He was a Member of the band. 2. He was Present at the commission of a robbery by that band. 3. Other members of the band committed an Assault. 4. He did not attempt to Prevent the assault. NOTE: Conspiracy is presumed when robbery is committed by band [REYES, Book 2] No Crime of “Robbery with Homicide in a Band” If the robbery with homicide is committed by a band, the indictable offense would still be denominated as "robbery with homicide" under Art. 294(1), but the circumstance that it was committed by a band would be appreciated as an ordinary aggravating circumstance. [id.] Use of Loose Firearm The use of a loose firearm, when inherent in the commission of a crime punishable under the RPC or other special laws, shall be considered as an aggravating circumstance. Provided, that if the crime committed with the use of a loose firearm is penalized by the law with a max penalty which is lower than that prescribed for illegal possession of firearm, the penalty for illegal possession of firearm shall be imposed in lieu of the penalty for the crime charged [Sec. 29, RA 10591]

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NOTE: Use of an unlicensed firearm by a band cannot be offset by a generic mitigating circumstance [REYES, Book 2]

e. Article 297 – Attempted and Frustrated Robbery Committed under Circumstances Elements: [AF-H] 1. There is Attempted or Frustrated robbery 2. A Homicide is committed on the same occasion Homicide in its Generic Sense Homicide under Art. 297 is used in its generic sense and includes multiple homicides, murder, parricide, or even infanticide [REYES, Book 2] Imposable Penalty: General Rule: Reclusion temporal in its maximum period to reclusion perpetua Exception: If the homicide deserves a higher penalty. Thus, in an attempted or frustrated robbery, and the killing of the victim is qualified by treachery or relationship, the proper penalty for murder or parricide shall be imposed because it is more severe. [id] If Homicide is not Consummated, the crimes of Robbery and Attempted or Frustrated Homicide: 1. May be Considered as separate crimes; 2. May be Complexed (Art. 48) 3. May be considered as one crime, one crime being absorbed by the other [REYES, Book 2] Attempted or Frustrated robbery with Serious Physical Injuries, Art. 48 is applicable When the offense committed is attempted or frustrated robbery with serious physical injuries, Art. 48 (penalty for complex crimes) is applicable, since the felony would fall neither under Art. 294 which covers consummated robbery with homicide nor under Art. 297 which covers attempted or frustrated robbery with

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homicide. [People v. Villanueva, G.R. No. 2676, (1939)]

f.

Article 298 – Execution of Deeds by Means of Violence or Intimidation

Elements: [IC-VI] 1. Offender has Intent to defraud another; 2. Offender Compels him to sign, execute, or deliver any public instrument or document; and 3. Compulsion is by means of Violence or Intimidation. NOTE: ● "Public" describes the word "instrument" only. Hence, this article applies even if the document signed, executed or delivered is a private or commercial document. [REYES, Book 2] ● Art 298 is not applicable if the document is void [Id.] Execution of Deeds by Means of Violence or Intimidation vs. Grave Coercion Execution of Grave Coercion Deeds by Means of [Art. 286] Violence or Intimidation [Art. 298] As to the Manner of Commission Violence is used in Violence is used in compelling the compelling the offended party to offended party to sign or deliver the sign or deliver the document, with document, without intent to defraud intent to defraud [REYES, Book 2] SECTION 2. ROBBERY BY THE USE OF FORCE UPON THINGS Robbery by the use of force upon things is committed only when either: [299-302-N] 1. Offender entered a house or building by any of the means specified in Art. 299 or Art. 302; or

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2. Even if there was No entrance by any of those means, he broke a wardrobe, chest, or any other kind of locked or closed or sealed furniture or receptacle in the house or building, or he took it away to be broken or forced open outside. [REYES, Book 2]

g. Article 299 – Robbery in an Inhabited House/Public Building or Edifice Devoted to Worship Mode 1: Entering Effected Through Force Elements: [E-E-T] 1. Offender Entered: [EBR] a. An inhabited House; or b. Public Building c. Edifice devoted to Religious worship 2. Entrance was effected by any of the following means: [OBFN] a. Through an Opening not intended for entrance or egress; b. By Breaking any wall, roof, or floor, or door or window; c. By using False keys, picklocks or similar tools; or d. By using any fictitious Name or pretending the exercise of public authority. 3. Once inside the building, offender Took personal property belonging to another with intent to gain. Imposable Penalty Penalty depends on the value of property taken and on whether or not offender carries arm. [REYES, Book 2 citing Art. 299, RPC] Inhabited House vs. Public Building [REYES, Book 2] Inhabited House Any shelter, ship or vessel constituting the dwelling of one or more persons even though the inhabitants thereof are temporarily absent therefrom when the robbery is committed.

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Public Building Every building owned by the Government or belonging to a private person but used or rented by the Government, although temporarily unoccupied by the same.

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Rules: 1. Offender must "enter the house or building in which the robbery is committed." The whole body must enter the building or house. Thus, if the offender merely inserted his hand through an opening in the wall or used a pole through the window to get the clothes inside the room, while the offender remained outside the house or building, the crime committed is theft, not robbery. [REYES, Book 2] 2. There must be intention to take personal property. If there is no evidence to show that the intention of the accused was to commit robbery upon entering the building. The crime committed is attempted trespass to dwelling under Art. 280 (2), RPC [People v. Tayag, G.R. L-40512, (1934)] 3. Means enumerated must be used to enter the house. It does not refer to the method used to exit [REYES, Book 2], nor to open a trunk in the house [U.S. vs. Macamay, G.R. No. 11952, (1917)]. False Keys The genuine key must be stolen, not taken by force or with intimidation, from the owner. Otherwise, the crime would be robbery with intimidation of persons. [REYES, Book 2] Picklocks Picklocks or similar tools are those specially adopted to the commission of the crime of robbery. [Art. 304, RPC] Use of Fictitious Names or Pretending to Exercise Authority Must be the Efficient Cause Using fictitious names or pretending to exercise of public authority must be the efficient cause of the opening by the offended party [REYES, Book 2] Mode 2: Acquisition of Property through Force Elements: [I-GBT] 1. Offender is Inside a dwelling house, public building, or edifice devoted to religious

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worship, regardless of the circumstances under which he entered it. 2. Offender takes personal property belonging to another, with intent to Gain, under any of the following circumstances: a. Breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle; or b. Taking such furniture or objects away to be broken or forced open outside the place of the robbery. NOTES: 1. Entrance into the building by any of the means mentioned in 299 (a) is not required in robbery under 299 (b). [REYES, Book 2] 2. "Door" refers only to "doors, lids, or opening sheets" of furniture or other portable receptacles — not to inside doors of a house or building. [id.]

There is No Robbery in the following cases: 1. When the use of false keys was to open a wardrobe from which the offender took personal property; Art. 299(b) requires that the same be broken, not merely opened [Id.]. 2. When a person opens by force a certain locked or sealed receptacle which has been confided into his custody and takes the money contained therein, is guilty of estafa and not robbery [id.]

h. Article 300 – Robbery in an Uninhabited Place and by a Band Elements: [RBU] 1. Robbery in an inhabited house, public building or edifice devoted to religious worship 2. Committed by a Band; and 3. In an Uninhabited place. NOTE: Qualified robbery with violence or intimidation of persons (Art. 295) is committed in an uninhabited place OR a band.

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i.

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Article 301 – What is an Inhabited House, Public Building or Building Dedicated to Religious Worship and Their Dependencies

Inhabited House vs. Public Building [SEE: Art. 299] Dependencies All interior courts, corrals, warehouses, granaries or inclosed places contiguous to the building or edifice, having an interior entrance connected therewith, and which form part of the whole. [Art. 301(2), RPC]: [CIP] 1. Contiguous to the building; 2. Must have an Interior entrance connected therewith; 3. form Part of the whole. [REYES, Book 2] NOTE: Orchards and other lands used for cultivation or production are not included in the terms of the next preceding paragraph, even if closed, contiguous to the building and having direct connection therewith. [Art 301 (3), RPC]

j.

Article 302 – Robbery in an Uninhabited Place or in a Private Building

Elements: [U-OBFaSeR-G] 4. Offender Entered an Uninhabited place or a building which was not a dwelling house, public building, nor edifice devoted to religious worship. 5. That any of the following circumstances was present: a. Entrance was effected through an Opening not intended for entrance or egress; or b. A wall, roof, floor, or outside door or window was Broken; or c. Entrance was effected through the use of False keys, picklocks or other similar tools; or d. A door, wardrobe, chest, or any Sealed or closed furniture or receptacle was broken; or

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e. A closed or sealed receptacle was Removed, even if the same be broken open elsewhere. 6. That with intent to Gain, the offender took therefrom personal property belonging to another. NOTES: ● The "uninhabited place" mentioned in Art. 302 is a building, because paragraphs Nos. 1 and 3 speak of "entrance," which necessarily refers to a building. [REYES, Book 2] ● Breaking padlock is use of force upon things. [id.] Building Includes any kind of structure used for storage or safekeeping of personal property, ex. freight car and warehouse. [U.S. vs. Magsino, G.R. No. 1339, (1903)]

Use of Fictitious Name or Pretense of Authority The use of fictitious name or pretending the exercise of public authority is not a means of entering the building under this article, because the place is uninhabited and no person could be deceived thereby. [id.] Furniture or receptacle here is "sealed or closed." The furniture or receptacle here is "sealed or closed."as opposed to Art. 299, it is either "locked or sealed." [id.] When a person who had entered a warehouse, opened without breaking, a closed but not locked chest and took therefrom personal property would be liable for theft [id.]

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k. Article 303 – Robbery of Cereals, Fruits, or Firewood in an Uninhabited Place or Private Building

2. Chapter II: Brigandage

Imposable Penalty In cases enumerated in Arts. 299 and 302, the penalty is 1 degree lower when robbery consists in the taking of cereals, fruits, or firewood. [REYES, Book 2]

Highway Robbery/Brigandage The seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person or force upon things of other unlawful means, committed by any person on any Philippine Highway. [Sec. 2(e), PD 532]

Cereals Seedlings which are the immediate product of the soil. The palay must be kept by the owner as “seedling” or taken for that purpose by the robbers. [id.]

l.

Article 304 – Possession Picklocks or Similar Tools

of

Elements: [PRN] 1. Offender possesses Picklocks or similar tools; 2. Such picklock or similar tools are especially adopted to the commission of Robbery; and 3. Offender does Not have a lawful cause for such possession. Qualifying Circumstance: If the person who makes such tools is a locksmith, the penalty is higher.

m. Article 305 – False Keys False Keys include: [304-GO] 1. Tools mentioned in Art. 304 (picklocks or other similar tools) 2. Genuine keys stolen from the owner. 3. Any keys Other than those intended by the owner for use in the lock forcibly opened by the offender. Lost or Misplaced A lost or misplaced key found by another and not returned to its rightful owner is considered as a false key stolen from the owner [Regalado]

PD 532: Anti-Piracy and Anti-Highway Robbery Law of 1974

Philippine Highway Refers to any road, street, passage, highway and bridges or other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains for the movement or circulation of persons or transportation of goods, articles, or property or both. [Sec. 2(c), PD 532] Elements: [HIC] 1. Robbery takes place along a Philippine Highway; 2. Act of Robbery must be Indiscriminate, it should not be an isolated case; and 3. Victim was not predetermined. [Abay, Jr. V. People. G.R. No. 165896, (2008)] NOTE: The robbery must be directed not only against specific, intended or perceived victims, but against any and all prospective victims [id.] Evidence It is highway robbery only when it can be proven that the malefactors primarily organized themselves for the purpose of committing that crime. [Ibañez vs. People, G.R. No. 204990, (2017)] Person Considered as an Accomplice [Sec. 4, id.]: Any person who knowingly and in any manner: 1. Aids or Protects pirates or highway robbers/brigands, such as:

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a. Giving them information about the movement of police or other peace officers of the government, or b. Acquires or receives property taken by such pirates or brigands; or c. In any manner derives any benefit therefrom; and 2. Any person who directly or indirectly Abets the commission of piracy or highway robbery or brigandage NOTE: It shall be presumed that any person who does any of the acts provided in this Section has performed knowingly, unless the contrary is proven.

a. Article 306 – Brigandage Elements: [4B-RKV] 1. There be at least 4 armed persons 2. They formed a Band of robbers 3. Purpose of formation is to: a. Commit Robbery in the highway; or b. Kidnap for the purpose of extortion or to obtain ransom; or c. Attain by means of force and Violence any other purpose. NOTE: If any of the arms carried by the offenders is an unlicensed firearm, all are presumed highway robbers or brigands [REYES, Book 2]

Arms The arms carried by the members of the band of robbers may be any deadly weapon. Thus, Brigandage may be committed without the use of a firearm. [REYES, Book 2] Highway Robbery vs. Brigandage Highway Robbery in Brigandage Robbery a Band [Art. 306] [PD 532] [Art. 296] As to Purpose Indiscriminat 1. Commit To Commit robbery in robbery, but ely a commit not highway robbery in

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Philippine highways.

2. Kidnap to necessarily extort or in highways. get ransom 3. Attain any other purpose by force or violence As to the Number of Robberies Committed Indiscriminat To commit To commit a e, not several particular isolated. robberies robbery. As to the Formation of Band Offenders need not constitute a Offenders must be in a band; a band single (i.e. at least 4) offender may commit the crime. As to the Conspiracy among the Members Mere Mere Mere conspiracy to formation of conspiracy constitute is a band for to commit not any purpose robbery is punishable. indicated in not Art. 306 is punishable. punishable As to the Victim Victim is Not Victim is Preconceived. Preconceive d. [REYES, Book 2]

b. Article 307 – Aiding and Abetting a Band of Brigands Elements: [BK-AIA] 1. There is a Band of brigands; 2. Offender Knows the band to be of brigands; and 3. Offender does any of the following acts:

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a. In any manner Aids, abets or protects such band of brigands; or b. Gives them Information of the movements of the police or other peace officers; or c. Acquires or receives the property taken by such brigands. NOTE: It is presumed that the person performing any of the acts provided in Art. 307 has performed them knowingly, unless the contrary is proven. [Art. 307, RPC]

3. Chapter III: Theft a. Article 308 – Who are Liable for Theft Summary of Modes of Commission Under Art. 308: MODE Elements 1. Offender takes the take Personal property of another without the latter’s consent; Mode 1 2. Taking was with Intent to [PIW] gain; and 3. Taking was Without violence against or intimidation of persons nor force upon things. 1. Offender found Lost property; and Mode 2 2. Fails to deliver the same to [LF] the local authorities or to its owner. 1. Offender maliciously Damaged the property of Mode 3 another; and [DR] 2. Removes or makes use of the fruits or object of the damage caused by them. 1. Offender entered an Enclosed estate or a field without the consent of its Mode 4 owner; [EFAH] 2. Trespass is Forbidden or the enclosed estate or field belongs to Another; and

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3. Hunt or fish upon the same or gather fruits, cereals or other forest or farm products. NOTE: Fishing should not be in the fishpond within the field or estate, otherwise it is Qualified Theft. [Reyes, Book Two] [REYES, Book 2] Theft vs. Robbery Theft Robbery [Art. 306] [Arts. 293-294] Presence of Violence Offender does not There is violence or use violence or intimidation or Force intimidation of upon things persons or force upon things [REYES, Book 2] Mode 1: Taking of Personal Property of Another Without Violence or Intimidation of Persons or Force upon Things “Without consent” Consent contemplated in this element of theft refers to consent freely given and not to one which may only be inferred from mere lack of opposition [REYES, Book 2] When Consummated Theft is complete from the moment the offender had full possession of the thing, even if he did not have an opportunity to dispose of the same. [People v. Sevilla, G.R. No. 86163, (1990)]. Accordingly, there is no crime of frustrated theft. Objects Considered Personal Property: 1. Electricity and Gas [US vs. Carlos, G.R. No. 6295, (1911)] 2. Promissory Notes and checks [People vs. Koc Song, G.R. No. L-45043, (1936)] 3. Telecommunication or Telephone Service [Laurel v. Abrogar, G.R. No. 155076, (2009)]

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4. Water [RA 8041/National Water Crisis Act]

b. Article 309 – Penalties

Joyride constitutes intent to gain. A joyride in an automobile taken without the consent of its owner constitutes "taking with intent to gain" [People vs. Bustinera, G.R. No., 148233, (2004)]

The basis of the penalty in theft is: [SPC] 1. Value of the thing Stolen, or 2. Value and nature of the Property taken, or 3. Circumstances that impelled the culprit to commit the crime. [REYES, Book 2]

No Theft in Sale of Partner or of Co-owned Property Unlawful disposition of the share belonging to a partner or a joint owner may be a violation of a contract and a trespass upon the rights of another, but it is not an act constituting the crime of theft. [U.S. vs. Reyes, G.R. No. 2867, (1906)]

c. Article 310 – Qualified Theft

Rationale: Before the dissolution of the partnership or the division of the property held in common, no part of the property of the partnership or the property held in common truly belongs to a partner or co-owner. [REYES, Book 2] Mode 2: Failure to Return Lost Property The law does not require knowledge of the owner of the lost property. [REYES, Book 2] "Lost property" embraces loss by stealing. A finder who fails deliberately to return the thing lost may be considered more blameworthy if the loss was by stealing than through some other means. [People v. Rodrigo, G.R. No. L18507] NOTE: Art. 308 (1) is not limited to actual finder. [US v. Santiago, G.R. No. L-9375, (1914)]. It may include a policeman to whom it is entrusted or misappropriated the same [People v. Avila, G.R. No. L-19786, (1923)] It is Necessary to Prove: 1. The Time of the seizure of the thing; 2. That it was a lost property Belonging to another; and 3. That the accused had the Opportunity to return or deliver the lost property to its owner or to the local authorities but refrained from doing so. [id]

Theft is qualified if: [DoG-MoMCaCoF-Ca] 1. Committed by a Domestic servant; or 2. Committed with Grave abuse of confidence; or 3. If the property stolen consists of: a. Motor vehicle b. Mail matter c. Large Cattle d. Coconuts taken from the premises of a plantation; or e. Fish taken from a fishpond or fishery; or 4. Property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other Calamity, vehicular accident or civil disturbance. NOTE: Penalties for qualified theft are 2 degrees higher than those respectively specified in Art. 309. [Art. 310, RPC] Abuse of Confidence must be Grave. There must be an allegation that by reason of dependence, guardianship or vigilance, between the accused and the offended party, that has created a high degree of confidence between them, which the accused abused. [People vs. Koc Song, id.] NOTE: Theft by a housemate is not always qualified. Living together under the same roof engenders some confidence, but it is not necessarily grave. [id.] Coconuts and Fish When the coconuts or fish are stolen in any other place (aside from the plantation or fishpond), it is simple theft. [id.]

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Receipt and Misappropriation of Teller Bank Teller who received the money and appropriated the same for personal gain committed theft and not estafa because the teller has no juridical possession, only material, the theft is qualified due to the confidence reposed on the teller. [Roque vs. People, G.R. No. 138954, (2004)] Timber Smuggling or Illegal Cutting of Logs Any person, whether natural or juridical, who directly or indirectly cuts, gathers, removes, or smuggles timber, or other forest products, either from any of the public forest, forest reserves and other kinds of public forests, whether under license or lease, or from any privately owned forest lands in violation of existing laws, rules and regulation shall be guilty of the crime of qualified theft [Sec. 1, PD 330] Anti-Cattle Rustling Law of 1974 [PD 533] NOTE: the nature of the penalty imposed by the law is based on the RPC, thus PD 533 is deemed an amendment of the RPC [People vs. Macatanda, G.R. No. L-51368, (1981)] Elements: [TC] 1. Taking away by any means, method or scheme; and 2. Of any Large Cattle, without the Consent of the owner/raiser [Sec. 2(c), PD 533] NOTES: a. It is immaterial whether or not for profit or gain, or whether committed with or without violence against or intimidation of any person or force upon things. [Sec. 2(a), id.] b. It includes the killing of large cattle or taking its meat or hide without the consent of the owner/raiser. [Sec. 2(a), id.] Large Cattle Includes the cow, carabao, horse, mule, ass, or other domesticated member of the bovine family. [Sec. 2(a), id.]

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Presumption of Cattle Rustling. Failure to exhibit the required documents shall be prima facie evidence that the large cattle in his possession, control or custody are the fruits of the crime of cattle rustling. [Sec. 7, id.] “Highgrading” or Theft of Gold [PD 581] Prohibited Acts: [TRET] Any person who, without the consent of the operator of the mining claim: 1. Take gold-bearing ores or rocks from a mining claim or mining camp; 2. Remove, collect or gather gold-bearing ores or rocks in place; 3. Extract or remove the gold from such ores or rocks; or 4. Prepare and Treat such ores or rocks to recover or extract the gold contents thereof. [Sec. 1, PD 581] Presumption The unauthorized possession by any person within a mining claim or mining camp of goldbearing ores or rocks or of gold extracted or removed from such ores or rocks, shall be prima facie evidence that they have been stolen from the operator of a mining claim. [Sec. 2, id.]

d. Article 311 – Theft of Property of the National Library and National Museum This provision penalizes property stolen from the National Library or National Museum. Imposable Penalty General Rule: Penalty is fixed without regard to the value of the property of the National Library or National Museum. [REYES, Book 2] Exception: if the crime is committed with grave abuse of confidence, the penalty for qualified theft shall be imposed, because Art. 311 says: "unless a higher penalty should be provided under other provisions of this Code." [id.]

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4. Chapter IV: Usurpation a. Article 312 – Occupation of Real Property or Usurpation of Real Rights in Property Punished Acts: [PU] 1. Taking Possession of any real property belonging to another by means of violence against or intimidation of persons; or 2. Usurping any real rights in property belonging to another by means of violence against or intimidation of persons. [REYES, Book 2]

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Theft/Robbery vs. Occupation of Real Property or Usurpation of Real Rights in Property Art. 312 [REYES, Book 2] Occupation or Theft/Robbery Usurpation [Art. 308/Art. 293] [Art. 312] As to the Intent to Gain There is intent to Gain As to the Property Involved Personal Property Real property or real right As to the Act Involved Taking Occupation or Usurpation

Elements: [PB-VI] 1. Offender takes Possession of any real property or usurps any real rights in property 2. Real property or real rights Belong to another 3. Violence against or intimidation of persons is used by the offender in occupying real property or usurping real rights in property; and 4. There is Intent to gain.

b. Article 313 – Altering Boundaries or Landmarks

Rules on Violence or Intimidation 1. Violence or intimidation must be the means used in occupying real property. Art. 312 does not apply when the violence or intimidation took place subsequent to the entry into the property. [REYES, Book 2] 2. If there is no violence or intimidation: There is only civil liability. [id.]

NOTE: Intent to gain is not necessary [REYES, Book 2]

Imposable Penalty General Rule: Art. 312 does not provide the penalty of imprisonment for the crime of occupation of real property or usurpation of real rights in property, the penalty is only fine. [REYES, Book 2] Exception: The offender who may have inflicted physical injuries in executing acts of violence shall suffer the penalty for physical injuries also. [id.]

Elements: [BA] 1. There are Boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same; and 2. Offender Alters said boundary marks.

Alter Any alteration of boundary marks is enough to constitute the material element of the crime. Destruction of a stone monument or taking it to another place, or removing a fence, is altering. [id.]

5. Chapter Insolvency a. Article 314 Insolvency

V:

Culpable –

Fraudulent

Elements: [D-DAP] 1. Offender is a Debtor; 2. His obligations are Due and payable. 3. He Absconds with his property. 4. It is with Prejudice to his creditors.

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NOTE: Actual prejudice, not intention alone, is required. [REYES, Book 2] Real Property May be Involved "Abscond" does not require that the debtor should depart and physically conceal his property. Hence, real property could be the subject matter of fraudulent insolvency. [People vs. Chong Chuy Limgobo, G.R. 20995, (1923)] Prejudice to the Creditors Contemplates the transfer of disposing of the offender’s property to keep it out of reach of his creditors resulting in the non-enforcement of a writ of execution [Dee v. People, G.R. No. 136785, (2000)] Fraudulent Insolvency vs. Insolvency Law Fraudulent Insolvency Law Insolvency [Act. No. 1956] [Art. 314] As to the Requirement of Insolvency Proceedings No need for Crime should be Insolvency committed after the Proceedings. institution of insolvency NOTE: Offender proceedings need not be adjudged bankrupt or insolvent. [REYES, Book 2] Imposable Penalty Higher penalty is imposed if the offender is a merchant.

6. Chapter VI: Swindling and Other Deceits a. Article 315 – Swindling or Estafa Elements of Etafa in general: [DCDD] 1. Accused Defrauded another: a. by abuse of Confidence, or b. by means of Deceit; and

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2. Damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. Damage or prejudice may consist of: [MPP] 1. Offended party being deprived of his Money or property as a result of defraudation; 2. Disturbance in Property rights; or 3. Temporary Prejudice [REYES, Book 2] Ways of Committing Estafa: [U-FF-M] Mode Sub-modes 1. With Unfaithfulness [Art. 315 (1)(a)] Mode 1: 2. With Abuse of With Confidence [Art. Unfaithfulness 315(1)(b)] or Abuse of 3. By taking undue Confidence advantage of the [UCS] Signature in blank [Art. 315(1)(c)] 1. Using fictitious Name or false pretenses and other similar deceits [Art. 315(2)(a)]; 2. By Altering the quality, fineness or weight of anything pertaining to his art or business [Art. Mode 2: 315(2)(b)] By Means of 3. By pretending to False have Bribed any Pretense or government Fraudulent employee [Art. Acts 315(2)(c)] 4. By post-dating a [NAB-CF] Check with no funds or is not sufficient to cover the amount of the check. [Art. 315(2)(d)] 5. By obtaining Food, refreshment or accommodation with intent to defraud [Art. 315(2)(e)] Mode 3: 1. By inducing another

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By Fraudulent Means [SGD]

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to Sign any document [Art. 315 (3)(a)]; 2. By resorting to some fraudulent practice to insure success in Gambling [Art. 315(3)(b)] 3. By Removing, concealing or destroying Documents [Art. 315 (3)(c)]

NOTE: The three modes of committing estafa may be reduced to two only--subdivision No. 1 as estafa with abuse of confidence, and the 2nd and 3rd forms as estafa by means of deceit. [REYES, Book 2] 1. Estafa with Unfaithfulness or Abuse of Confidence [Art. 315(a)]

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b. Estafa with Abuse of Confidence [Art. 315(1)(b)] Elements: [RMPD] 1. Money, goods, or other personal property was Received by the offender: [TCAO] a. In Trust, or b. On Commission, or c. For Administration; or d. Under any Other obligation involving the duty to make delivery of, or to return the same; 2. That there be: [MConD] a. Misappropriation; or b. Conversion of such money or property by the offender; or c. Denial on his part of such receipt; 3. Such misappropriation or conversion or denial is to the Prejudice of another; and 4. There is a Demand made by the offended party.

a. Estafa with Unfaithfulness [Art 315(a)(1)] Elements: [OnAD] 1. Offender has an Onerous obligation to deliver something of value; 2. He Alters its substance, quantity, or quality; and 3. Damage or prejudice is caused to another. Rules: 1. There must be an existing obligation to deliver something of value, and the offender in making the delivery has altered the following of the thing delivered [REYES, Book 2]: a. Substance; or b. Quantity; or c. Quantity; and 2. There must be an agreement as to quality – When there is no agreement as to the quality of the thing to be delivered, the delivery of the thing not acceptable to the complainant is not estafa. [id.] Illegal Consideration Estafa is committed even though such obligation be based on an immoral or illegal consideration. [REYES, Book 2]

NOTES: a. Other obligations involving the duty to make delivery of, or to return the same includes quasi-contracts and certain contracts of bailment ex. Commodatum. [US vs. Yap Jong, G.R. No. 10675, (1916)] b. 4th element – not necessary when there is evidence of misappropriation of the goods by the defendant. [Tubb vs. People, G.R. No. L-9811, (1957)] c. Deceit - not an essential requisite of estafa with abuse of confidence. [REYES, Book 2] Rationale: Thing to be delivered or returned must be the very object received [US vs. Figueroa, G.R. No. L-6748, (1912)] Misappropriation vs. Book 2] Misappropriate Act of taking something for one’s own benefit

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different from that agreed upon. Juridical Possession vs. Material Possession Juridical Material Possession Possession Possession which Actual Possession gives the transferee of Personal a right over the thing Property, where the which the transferee possessor cannot may set up even claim a better right against the owner to such property than its owner. [REYES, Book 2] In Estafa: Offender must have acquired both material or physical possession and juridical possession of the thing received [REYES, Book 2]. Nature of Possessio n of Personal Property Material Material and Juridical Ownership (Material + Juridical) [id]

Act

Crime Committed

Misappropriati on

Theft

Misappropriati on

Estafa

Misappropriati on

No crime, only Civil liability

NOTE: There is no estafa when the money or other personal property received by the accused is not to be used for a particular purpose or to beeturned. [id.] No Estafa in the Following Cases: 1. Momentary use of the funds without intent to defraud [US vs. Sevillia, G.R. No. 18056, (1922)] 2. Where the custody of personal property is only precarious and for a temporary

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purpose or for a short period and merely the effect of such relationship as master and servant, employer and employee, or master and domestic, the juridical or constructive possession remains in the owner. Hence, the servant, domestic, or employee cannot be guilty of estafa [People vs. Marcelino Nicolas, 58 O.G. 472, cited in REYES, Book 2]. "To the prejudice of another" Contemplates prejudice not necessarily of the owner of the property. [People v. Yu Chai Ho, G.R. No. L-29278, (1928)] Demand Not Required but Necessary Demand is not required by law but it is necessary, because failure to account, upon demand, is circumstantial evidence of misappropriation. [REYES, Book 2] Liability of Co-Owners General Rule: Co-owner is not liable for estafa [id.] Exception: If, after the termination of the coownership, he misappropriates the thing which has become the exclusive property of the other. [id.] No Estafa through Negligence. Article 315 in penalizing estafa by misappropriation or conversion, does not punish estafa through negligence [REYES, Book 2] Effect of Novation of Contract General Rule: Criminal liability for estafa already committed is not affected by compromise or novation of contract, for it is a public offense which must be prosecuted and punished by the state at its own volition. [id.] Exception: If the novation occurs before the criminal liability has incurred [id.] NOTE: Reimbursement or restitution of money or property swindled does not extinguish criminal liability [Sajot vs. CA, G.R. No. 109721, (1999)]

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Theft vs. Estafa with Abuse of Confidence Theft/Robbery Estafa with Abuse [Art. 308] of Confidence [Art. 315(1)] As to the Acquisition of Property Offender takes the Offender receives thing without the the thing from the owner’s consent offended party with the obligation to deliver or return the same. As to the Nature of Possession Material and Juridical possession Physical Possession only [REYES, Book 2] of Confidence vs. Estafa with Abuse Malversation Estafa with Abuse Malversation of Confidence [Art. 217] [Art. 315(1)] As to the Receipt of Property Offender is entrusted with funds or property As to the Nature of the Offense Continuing offenses As to the Nature of Funds/Property Usually Public Exception: Property attached by public authority even if private [Art. 222, RPC] As to the Offender Private individual or Public officer public officer not accountable for accountable for public funds or property. public funds or property As to Commission through Negligence No estafa through Can be committed negligence through abandonment or negligence As to Manner of Commission Private

Misappropriating, converting or denying having received money, goods or other personal property;

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Appropriating, taking or misappropriating, consenting or permitting any other person to take the public funds or property.

[id.] c. Estafa by Taking Undue Advantage of the Signature in Blank [Art. 315(1)(c)] Elements: [B-DeW-D] 1. There is a Blank paper with the signature of the offended party; 2. Offended party should have Delivered it to the offender; 3. Document is Written by the offender, above the signature of the offended party, without authority to do so; and 4. Document so written creates a liability of, or causes Damage to, the offended party or any third person. 2. Estafa by Means of Deceit [Art. 315(2)] Elements: [FaPReID] 1. There must be a False pretense, fraudulent act or fraudulent means; 2. Such false pretense, fraudulent act or fraudulent means must be made or executed Prior to or simultaneously with the commission of the fraud. 3. Offended party Relied on the false pretense, fraudulent act, or fraudulent means and by reason thereof, was Induced to part with his money or property. 4. As a result, the offended party suffered Damage. NOTE: There is no deceit if the complainant was aware of the fictitious nature of the pretense. [People vs. Paredes, G.R. No. L19192, (1923)]

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a. Estafa by Using a Fictitious Name, False Pretenses and Other Deceits [Art. 315(2)(a)] Ways of Committing Estafa: [NPO] 1. By using fictitious Name; 2. By falsely Pretending to possess: [QPIPAC-BI] a. Qualifications, b. Power, c. Influence, d. Property, e. Agency, f. Credit, g. Credit, h. Business or i. Imaginary transactions; or 3. By means of Other similar deceits. [REYES, Book 2] NOTE: Element of deceit is indispensable, consisting in the false statement or fraudulent representation was made prior to, or simultaneously with the delivery of the thing. It being essential that such false statement or fraudulent representation constitutes the very cause or the only motive which induces the complainant to part with the thing. [id.] Use of Fictitious Name There is use of fictitious name when a person uses a name other than his real name. [People vs. Yusay, G.R. No. L-26957, (1927)] The pretense must be false There must be evidence that the pretense of the accused that he possesses power, influence, etc., is false. [REYES, Book 2] b. Estafa by Altering the Quality, Fineness or Weight of anything pertaining to his art or business [Art. 315(2)(b)] c. Estafa by Pretending to have bribed any Government Employee [Art. 315(2)(b)] NOTES: a. Offender may still be liable for defamation which the government employee allegedly bribed may deem

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proper to bring against the offender. [REYES, Book 2] b. If the crime is consummated - crime is corruption of public officer. [id.] 3. Estafa by Means of Fraudulent Acts The acts must be fraudulent; characterized by, or founded on, deceit, trick or cheat. [REYES, Book 2.] a. Estafa by Postdating a Check or Issuing a Check in Payment of an Obligation Elements: [OF] 1. Offender postdated a check, or issued a check in payment of an Obligation; and 2. Such postdating or issuing a check was done when the offender had no Funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. Check issued must be Genuine If the check is falsified and the same is cashed with the bank, or exchanged for cash, the crime committed is estafa through falsification of a commercial document. [REYES, Book 2] Must be the Efficient Cause To constitute estafa, the post-dating or issuance of the check should be the efficient cause of the defraudation. As such, it should be given either prior to, or simultaneously with, the act of fraud. [People vs. Reyes, G.R. No. 154159, (2005)] NOTE: The check should not be postdated or issued in payment of pre-existing obligation. [id.] Prima Facie Evidence of Deceit There is prima facie evidence of deceit when the drawer fails to pay 3 days after receiving notice of dishonor [Art. 315(2)(d), as amended by RA 4885] Stoppage of a Payment of a Check If checks were issued by defendant and he received money for them and stopped payment

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and did not return the money and if at the time the check was issued, he had the intention of stopping payment, he is guilty of estafa. [US vs. Poe, G.R. No. 13969, (1919)] Continuing Offense Estafa by issuance of a bad check is continuing offense [People v. Yabit, G.R. L-42902, (1977)] b. Estafa by Obtaining Food or Accommodation at a Hotel, etc. [Art. 315 (2)(e)] Punishable Acts: [FCA] 1. By obtaining Food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house or apartment house without paying therefor, with intent to defraud the proprietor or manager thereof; 2. By obtaining Credit at any of said establishments by the use of any false pretense; or 3. By Abandoning or surreptitiously removing any part of his baggage from any of said establishments after obtaining credit, food, refreshment or accommodation therein, without paying therefor. 3. Estafa Through Fraudulent Means [Art. 315(3)] a. Estafa by Inducing Another to Sign Any Document

Elements: [ISiP-P] 1. Offender Induced the offended party to sign a document. 2. Deceit was employed to make him Sign the document. 3. Offended party Personally signed the document. 4. Prejudice was caused. NOTE: If the offended party is willing and ready from the beginning to sign the document and there is deceit as to the character or contents of the document, because the contents are

CRIMINAL LAW

different from those which the offended party told the accused to state in the document, the crime is falsification. [REYES, Book 2] b. Estafa by Resorting to Some Fraudulent Practice to Ensure Success in Gambling [Art. 315(3)(b)] c. Estafa by Removing, Concealing or Destroying Court Records, Office Files, and other Documents [Art. 315(3)(c)] Elements: [CRD] 1. There are Court records, office files, documents or any other papers. 2. Offender Removed, concealed or destroyed any of them. 3. Offender had intent to Defraud another. NOTE: If there is no intent to defraud, the act of destroying a court record will be malicious mischief. [Reyes Book, Two] Infidelity in Custody of Document vs. Estafa by Removing, Concealing or Destroying a Document Infidelity in Estafa Custody of [Art. 315, 3(c)] Documents [Art. 226] As to the Manner of Commission Both are Similar in the Manner of Commission As to the Property Involved Offender is a public Offender is a private officer who is individual or even a officially entrusted public officer who is with the custody of not officially documents entrusted with the custody of said documents. As to Intent No Intent to Defraud There is Intent to Defraud [REYES, Book 2]

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b. Article 316 – Other Forms of Swindling Punishable Acts: 1. Conveying, selling, encumbering, or mortgaging any real property, pretending to be the owner of the same Elements: [I-ROP] a. Thing is Immovable (e.g., parcel of land or building). b. Offender is not the owner but Represents himself as the owner thereof. c. Offender executed an act of Ownership (selling, encumbering or mortgaging the real property). d. Act was made to the Prejudice of the owner or a third person. [REYES, Book 2] Swindling vs. Estafa by False Pretenses Estafa by False Swindling Pretenses [Art. 316(1)] [Art. 315, 2(a)] As to the Property Involved Covers immovable May cover personal or real property. and real property. As to Acts Committed Selling, or Pretense in owning encumbering, or real or personal mortgaging any real property and property, and doing defrauding the some act of offended party. dominion or ownership over the property to the damage and prejudice of the real owner of the thing. [REYES, Book 2] 2. By disposing of real property as free from encumbrance, although such encumbrance be not recorded Elements: [DKRD] a. Thing Disposed of is real property.

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b. Offender Knew that the real property was encumbered, whether the same was recorded or not. c. There was express Representation by the offender that the real property is free from encumbrance; and d. Act of disposing of the real property was made to the Damage of another. [REYES, Book 2] Definition of Terms [REYES, Book 2]: 1. “Dispose” – includes encumbering or mortgaging. 2. “Encumbrance” – includes every right or interest in the land which exists in favor of third persons. 3. Wrongfully taking by the owner of his personal property from its lawful possessor Elements: [OPWP] 1. Offender is the Owner of personal property. 2. Property is in the lawful Possession of another. 3. Offender Wrongfully takes it from its lawful possessor. 4. Prejudice is caused to the lawful possessor or third person. Mode 1 v. Mode 3 Pretending to be Owner of Real Property [Mode 1]

Wrongfully Taking Personal Property from Lawful Possessor [Mode 3] As to the Property Involved Immovable Property Personal Property As to Ownership Offender merely Offender is the represents himself owner of the as the owner of the personal property. immovable property involved As to the Acts Committed Offender committed The personal an act of ownership property is prejudicial to the wrongfully taken true owner of the

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property or a third person.

CRIMINAL LAW II

from possession of a lawful possessor.

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offender guaranteed the fulfilment of his obligation as surety

Theft vs. Other Forms of Swindling, Mode 3 Wrongfully Taking Personal Property Theft from Lawful [Art. 308] Possessor [Art. 316[3]] As to the Property Involved Personal Property As to Ownership Property belongs to Offender is the another (offender is owner of the not the owner or personal property. possessor) As to the Acts Committed Offender unlawfully Personal property is takes the personal wrongfully taken property of another from possession of a with intent to gain. lawful possessor. As to the Presence of Violence Committed without Violence or Intimidation

Elements: [SGS-WCR] 1. Offender is a Surety in a bond given in a criminal or civil action. 2. Surety Guaranteed the fulfillment of such obligation with his real property or properties. 3. Surety Sells, mortgages, or, in any other manner encumbers said real property. 4. That such sale, mortgage, or encumbrance is a. Without express authority from the court; or b. Made before the Cancellation of his bond; or c. Made before being Relieved from the obligation contracted by him.

4. Executing any fictitious contract to the prejudice of another

c. Article 317 – Swindling a Minor

Elements: [EFP] 1. Offender Executes a contract 2. Contract is Fictitious 3. Prejudice is caused. 5. By accepting any compensation for services not rendered or for labor not performed Elements: [AN] 1. Offender Accepts compensation for services or labor 2. He did Not render any service or perform any labor NOTE: Fraud is an essential element, without fraud, it merely is solutio indebiti [REYES, Book 2]

NOTE: There must be actual damage caused under Art. 316, because the penalty is based on the value of the damage cause”, mere intent to cause damage is not sufficient [REYES, Book 2]

Elements: [AICD] 1. Offender takes Advantage of the inexperience or emotions or feelings of a minor. 2. Offender Induces such minor to: [ORT] a. Assume an Obligation, or b. Give Release, or c. Execute a Transfer of any Property right. 3. That the Consideration is: [LCO] a. Some Loan of money; or b. Credit; or c. Other personal property. 4. Transaction is to the Detriment of such minor. NOTE: Actual proof of deceit or misrepresentation is not essential, as it is sufficient that the offender takes advantage of the inexperience or emotions of the minor. [REYES, Book 2]

6. Selling, mortgaging or encumbering real property or properties with which the Page 247 of 277

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d. Article 318 – Other Deceits

2. Destructive Arson

Punishable Acts: [NC] 1. Defrauding or damaging another by any other deceit Not mentioned in the preceding articles. 2. Interpreting dreams, by making forecasts, by telling fortunes, or by taking advantage of the Credulity of the public in any other similar manner, for profit or gain.

Burning of: [1-P-TWEE] a. 1 or more buildings or edifices, consequent to one single act of burning, or as a result of simultaneous burnings, committed on several or different occasions. b. Any building of public or private ownership, devoted to the Public in general or where people usually gather or congregate for a definite purpose (e.g., for official governmental function or business, private transaction, commerce, trade, workshop, meetings and conferences), or merely incidental to a definite purpose (e.g., hotels, motels, transient dwellings, public conveyances or stops or terminals), regardless of: i. Whether the offender had knowledge that there are persons in said building or edifice at the time it is set on fire; or ii. Whether the building is actually inhabited c. Any train or locomotive, ship or vessel, airship or airplane, devoted to Transportation or conveyance, or for public use, entertainment or leisure. d. Any building, factory, Warehouse installation and any appurtenances thereto, which are devoted to the service of public utilities. e. Any building the burning of which is for the purpose of concealing or destroying Evidence of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from insurance. [Art 320, as amended by Sec. 10 RA 7659]

NOTE: As in other cases of estafa, damage to the offended party is required. [REYES, Book 2]

7. Chapter VII: Chattel Mortgage a. Article 319 - Removal, Sale, or Pledge of Mortgaged Property NOTE: Punishable acts under this Article involve property mortgaged or pledged under the Chattel Mortgage Law. RA 11057 or the Personal Property Security Act has repealed the Chattel Mortgage Law.

8. Chapter VIII : Arson and Other Crimes Involving Destruction a. Articles 320-326B (Repealed by PD 1613, as amended by RA 7659) NOTE: The laws on Arson in force are PD 1613 and Art. 320, as amended by RA 7659. The provisions of PD 1613 which are inconsistent with RA 7659 (Such as Sec. 2 of PD No. 1613) are deemed repealed. [REYES, Book 2] Acts of Arson: [SDO] 1. Simple Arson Elements: [BAO] A person Burns or sets fire to: a. Property of Another; or b. His Own property under circumstances which expose to danger the life or property of another. [Sec. 1, PD 1613]

Additional Acts Considered as Destructive Arson: [2-AI] a. When arson is perpetrated or committed by 2 or more persons or by a group of persons, regardless of whether their purpose is merely to burn or destroy the building or the burning merely constitutes an overt act in the commission or another violation of law. b. Burning of: [AI]

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i. Any Arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance, storehouse, archives or general museum of the Government. ii. Inhabited place, storehouse or factory of inflammable or explosive materials. [Sec 10(2), RA 7659]

4.

5.

3. Other cases of Arson [PD 1613, Sec. 3] Burning of any: [O-InIn-PMR] a. Building used as Offices of the government or any of its agencies; b. Inhabited house or dwelling; c. Industrial establishment, shipyard, oil well or mine shaft, platform or tunnel; d. Plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest; e. Rice, sugar or cane Mill, or mill central; and f. Railway or bus station, airport, wharf or warehouse. Special Aggravating Circumstance: [HIBS] 1. Offender is motivated by spite or Hatred towards the owner or occupant of the property burned; 2. Committed with Intent to gain; 3. Committed for the Benefit of another; and 4. Committed by a Syndicate. [Sec. 4, PD 1613] NOTE: This cannot be offset by any mitigating circumstance. [REYES, Book 2] Prima Facie Evidence of Arson: [FISWiD2] 1. If gasoline, kerosene, petroleum or other Flammable or combustible substances or materials soaked therewith or containers thereof, or any mechanical, electrical, chemical, or electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the ruins or premises of the burned building or property. 2. If the building or property is Insured for substantially more than its actual value at the time of the issuance of the policy. 3. If a substantial amount of Flammable substances or materials are Stored within

6.

7.

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the building note necessary in the business of the offender nor for household use. If the fire started Simultaneously in more than one part of the building or establishment. If shortly before the fire, a substantial portion of the effects insured and stored in a building or property had been Withdrawn from the premises except in the ordinary course of business. If a Demand for Money or other valuable consideration was made before the fire in exchange for the desistance of the offender or for the safety of the person or property of the victim. If during the lifetime of the corresponding fire insurance policy more than 2 fires have occurred in the same or other premises owned or under the control of the offender and/or insured.

NOTE: Conspiracy to commit arson penalized under the law [Sec. 7, PD 1613]

is

Stages of Arson: [AFC] 1. Attempted Arson – offender commences the commission of the crime directly by overt acts but does not perform all the acts of execution due to the timely intervention of another who chases away the offender. [REYES, Book 2] Illustration: Placing the rags soaked in gasoline beside the wooden wall of the building and lighting a match but does not continue to the setting of fire to the rag [id.] 2. Frustrated Arson Illustration: Person is able to light or set fire to the rags but the fire was put out before any part of the building was burned [US vs. Valdez, G.R. No. L-14128, (1918)] NOTE: It is argued that there is no such thing as Frustrated Arson [Boado], as illustrated in the case of People vs. Gutierrez [G.R. No. 100699, (1996)], wherein the court ruled that even if a building is not completely gutted by fire, the

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crime is still consummated arson, it is enough that a portion of it is destroyed.

9. Chapter Mischief

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IX

–

Malicious

3. Consummated Arson – All acts necessary to produce combustion are present in the thing to be burnt. [People v. Hernandez, G.R. No. 31770, (1929)]

a. Art. 327 - Who are Liable for Malicious Mischief

NOTE: Extent of damage is immaterial, as long as a portion of it is burnt. [id.]

Malicious Mischief Willful damaging of another's property for the sake of causing damage due to hate, revenge or other evil motive. [REYES, Book 2]

Illustrations: Before the fire was put out, it had burned a part of the building, it is consummated. [id.] Cases where Both Death and Burning Occur In cases where both burning and death occur, in order to determine what crime/crimes was/were perpetrated whether arson, murder or arson and homicide/murder, it is de rigueur to ascertain the main objective of the malefactor: 1. If the main objective is the burning of the building or edifice, but death results by reason or on the occasion of arson, the crime is simply arson, and resulting homicide is absorbed; 2. If the main objective is to kill a particular person who may be in a building or edifice and fire is resorted to as the means to accomplish such goal the crime committed is murder only; and 3. If the objective is to kill a particular person, and in fact the offender has already done so, but fire is resorted to as a means to cover up the killing, then there are two separate and distinct crimes committed ' homicide/murder and arson. [People v. Malngan, G.R. No. 170470, (2006)] Arson under PD 1613, as Terrorism A person who commits an act punishable as Arson under P.D. 1613, thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand, shall be guilty of the crime of terrorism [Sec. 3, PD 9372]

Element: [DNS] 1. Offender deliberately caused Damage to the property of another. 2. Such act does Not constitute arson or other crimes involving destruction. 3. Act of damaging another's property be committed merely for the Sake of damaging it. Hate, Revenge, Evil Motive General Rule: 3rd element presupposes that the offender acted due to hate, revenge or other evil motive. [Id.] Exception: It is malicious mischief even if the act of damaging another's property was inspired by the mere pleasure of destroying [REYES, Book 2] No Malicious Mischief in the following cases: 1. If there is no malice in causing the damage - the obligation to repair or pay for damages is only civil. [id.] 2. If there is intent to gain – crime committed is Theft [id.] “Damage” Includes not only loss but also diminution of what a person owns. Thus, damage to another's house includes defacing it. [id.]

b. Art. 328 – Special Malicious Mischief

Cases

of

Special Cases of Malicious Mischief: [OPCM]

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1. Causing damage to Obstruct the performance of public functions. 2. Using any Poisonous or corrosive substance. 3. Spreading any infection or contagion among Cattle. 4. Causing damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public. [REYES, Book 2]

c. Art. 329 – Other Mischiefs

NOTE: These are also malicious mischief [id.]

d. Art. 330 – Damage and Obstruction to Means of Communication

called

qualified

Mode 1 of Art. 328 vs. Sedition Mode 1 Sedition [Art. 328] [Art. 139] As to Presence of a Public and Tumultuous Uprising Not Present Present As to intention to Obstruct Public Functions There is intent to obstruct public functions [REYES, Book 2] Theft vs. Art. 328, Mode 4 Theft Mode 4 [Art. 308] [Art. 328[4]] As to the Property Involved Property belonging Property belonging to the National to the National Library or National Library or National Museum. Museum, or to any archive or registry, road or any thing used in common by the public. As to the Acts Committed Offender unlawfully Offender takes property deliberately causes belonging to the damage for the sake national library or of damaging them. National Museum

Punished Act Mischiefs not included in Art. 328 and punished according to the value of the damage caused. [REYES, Book 2] NOTE: But, if the amount involved cannot be estimated, the penalty of arresto menor or fine not exceeding P200 is fixed by law. [Art. 329, RPC]

Punishable Act Damaging any railway, telegraph or telephone line. Qualifying Circumstance Higher penalty shall be imposed if it shall result in any derailment of cars, collision, or other accident NOTE: Derailment or collision of cars should not have been purposely sought for by the offender but should have just resulted from damage to railway, telegraph or telephone lines. [REYES, Book 2] Telegraph or Telephone Lines The telegraph or telephone lines must pertain to a railway system. Crimes Committed if Passengers are Killed: Passenger Intent to Crime s are Killed Kill Committed as a Result Present Present Murder Damages to Present Means of Not Present Communicatio n

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e. Art. 331 – Destroying or Damaging Statues, Public Monuments or Paintings

legitimate and adopted full brothers or sisters [id.] Relatives by Affinity – includes stepfather, adopted father, and natural children. [id.]

Persons Liable: [SP] 1. Any person who shall destroy or damages Statues or any other useful or ornamental public monument; and 2. Any person who shall destroy or damage any useful or ornamental Painting of a public nature.

3. Widowed Spouse with respect to property of the deceased, if: a. Property belongs to the deceased spouse; and b. It has not yet passed into the possession of a 3rd Person [REYES, Book 2]

10. Chapter X – Exemption from Criminal Liability Against Property a. Art. 332 – Persons Exempt from Criminal Liability Civil Liability Only No criminal, but only civil liability shall result from the commission of any said crimes, committed or caused mutually by those persons. [Art. 332(1), RPC] Rationale: Law recognizes the presumed coownership of the property between the offender and the offended party. [REYES, Book 2]

4. Brothers and Sisters and brothers-in-law and sisters-in-law, if living together; and Exemption Not Applicable to: 1. Strangers participating in the commission of the crime [Art. 332(4), RPC] 2. If complexed with another crime [Carungcong vs. People, G.R. No. 181409, (2010)]

K. CRIMES AGAINST CHASTITY 1. Chapter I – Adultery and Concubinage a. Article 333 – Adultery

Crimes Exempted: [TSM] 1. Theft, 2. Swindling (estafa), 3. Malicious mischief. [REYES, Book 2] Persons Exempted: [SADRAS-WS-BS] 1. Spouses; This includes common law spouses because Arts. 147-148 of the Family Code provide that common law spouses are co-owners of the property. [REYES, Book 2] 2. Ascendants and Descendants, Relatives by Affinity in the Same line; Includes legitimate and illegitimate half-brother and sisters, for the law did not limit the term to

Elements: [MaNoK] 1. Woman is Married; 2. She has sexual intercourse with a man Not her husband; 3. As regards the man with whom she has sexual intercourse: he Knows that she is married. Persons Liable: [MaMa] 1. Married woman who engages in sexual intercourse with a man not her husband; and 2. Man who, knowing of the marriage of the woman, has sexual intercourse with her [Ar. 333, par. 1]

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Rules as to Marriage Requirement 1. Offended party must be legally married to the offender at the time of the filing of the complaint. [REYES, Book 2] 2. Adultery is committed, even if the marriage is subsequently declared void. [RPC Art. 333, par. 1] Each Occasion a Crime Each occasion of sexual intercourse constitutes a crime of adultery. [People v. Zapata, G.R. No. L-3047, May 16, 1951] Mitigating Circumstances 1. When abandoned The criminal liability is mitigated when adultery is committed while being abandoned by her husband without justification. [RPC, Art. 333, par. 3] In one case, the SC ruled that when the husband is believed to be dead, the wife’s act of giving herself up to the man who lent her a helping hand during such time of want and need is considered a mitigating circumstance. [People v. Alberto, CA 47 OG 2438] When applicable, both defendants shall be entitled to the mitigating circumstance [REYES, Book 2]. 2. Recrimination Husband’s illicit relationship does not absolve but may mitigate wife’s liability for adultery. [People v. Florez, CA-G.R. No. 26089-CR, April 6, 1964] Effect of Acquittal Acquittal of one party does not automatically acquit the other in the following cases: [JIKDeT] 1. There is no joint criminal intent, although there is a Joint physical act. [REYES, Book 2] 2. One of the parties is Insane; the other sane. [Id] 3. Man has no Knowledge that the woman is married. [Id]

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4. Death of the woman during the pendency of the action cannot defeat the trial and conviction of the man. [US v. De la Torre, G.R. No. 8144 (1913)] 5. Even if the man left the country and could not be apprehended, the woman can be Tried and convicted. [US v. Topiño, G.R. No. 11895, (1916)] Effect of Death; Paramour v. Offended Party Death of Death of Offended Paramour Party Offending wife may The proceedings may still be prosecuted. continue. Art. 353 The requirement seeks to protect the that both offenders honor and reputation should be included not only of the living in the complaint is but of dead persons absolute only when as well. [Reyes, Book the two offenders II] are alive. [RPC, Art. 344, par. 2] Pardon by the Offended Party is a bar to prosecution for Adultery or Concubinage Requisites: 1. Pardon must be made before the institution of criminal prosecution; and 2. Both offenders must be pardoned by the offended party [REYES, Book 2] NOTE: The act of having intercourse with the offending spouse after an adulterous conduct is, at best, an implied pardon of said adulterous conduct. [id.] Adultery vs. Prostitution Adultery [Art. 333] Prostitution [Art. 202] As to Nature of Crime Crime against Crime against public chastity morals As to Persons Liable Married woman Woman, whether married or not As to Manner of Commission Having sexual Habitual indulgence in sexual intercourse intercourse with a on lascivious

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man not her husband [REYES, Book 2]

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conduct for money or profit

b. Article 334 – Concubinage Elements: [MaKeSCoK] 1. Man is Married; 2. He is either: a. Keeping a mistress in the conjugal dwelling; b. Having Sexual intercourse under scandalous circumstance with a woman not his wife; c. Cohabiting with her in any other place; and 3. As regards the woman: she Knows that he is married. Persons Liable: [MaW] 1. Married man; and 2. Woman who knew that the man was married. [Id] Definition of Terms: 1. Mistress – a woman taken by the accused to live with him in the conjugal dwelling as his mistress/concubine. [Id] 2. Conjugal Dwelling – the home of the husband and the wife, even if the wife appears to be temporarily absent on any account. [Id] 3. Cohabit – to dwell together, in the manner of husband and wife, for some period of time, as distinguished from occasional transient interviews for unlawful intercourse. [People v. Pitoc, G.R. No. 18513, September 18, 1922] 4. Scandalous Circumstances – Scandal consists in any reprehensible word or deed that offends public conscience, redounds to the detriment of the feelings of honest persons, and gives occasion to the neighbors’ spiritual damage or ruin. [People v. Santos, 87 Phil. 687 (1950)]

CRIMINAL LAW

nature. [People v. Cordova, C.A., G.R. No. 19100-R (1959)] Mere Cohabitation Sufficient In the 3rd way of committing the crime, mere cohabitation is sufficient; Proof of scandalous circumstances not necessary. [People v. Pitoc, G.R. No. 18513 (1922)] Liability of Married Man A married man is not liable for concubinage for mere sexual relations with a woman not his wife. It must be under scandalous circumstances. [REYES, Book 2] No Knowledge that Woman is Married A married man who is not liable for adultery because he did not know that the woman was married, may be held liable for concubinage. If the woman knew that the man was married, she may be held liable for concubinage as well. [Id] When Spies are Employed, no evidence of scandalous circumstances When spies are employed for the purpose of watching the conduct of the accused and it appearing that none of the people living in the vicinity has observed any suspicious conduct, there is no evidence of scandalous circumstances. [US v. Campos Rueda, G.R. No. L-11549 (1916)]

2. Chapter II – Rape and Acts of Lasciviousness a. Article 335 – When and How Rape is Committed (repealed by RA No. 8353) NOTE: Art. 335 has been repealed by RA 8353, otherwise known as the Anti-Rape Law of 1997 which took effect on October 22, 1997.

Usage of Conjugal Dwelling Not Important The fact that the wife never had a chance to reside therein and that the husband used it with his mistress instead, does not detract from its

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b. Article 336 Lasciviousness

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-

Acts

of

Elements: [APeC – FoDeFraU] 1. Offender commits any Act of lasciviousness or lewdness; 2. Act is committed against a Person of either sex; and 3. It is done under any of the ff. Circumstances: a. By using Force or intimidation; or b. When the offended party is Deprived of reason or otherwise unconscious; c. By means of Fraudulent machination or grave abuse of authority d. When the offended party is Under 12 years of age or is demented. Lewd – obscene, lustful, indecent, lecherous; signifies form of immorality which has relation to moral impurity or that which is carried in wanton manner. [Lutap v. People, G.R. No. 204061, February 5, 2018] • Example: When the accused not only kissed and embraced the complainant but fondled her breast with the particular design to independently derive vicarious pleasures therefrom, the element of lewd designs exist. [People v. Panopio, CA 48 OG 145] No Frustrated or Attempted Acts Lasciviousness There can be no attempted and frustrated acts of lasciviousness. [REYES, Book 2] The crime of consummated rape absorbs acts of lasciviousness. [People v. Tabarangao, G.R. No. 116535-36, February 25, 1999] Sweetheart Defense Inapplicable For purposes of sexual intercourse and lascivious conduct in child abuse cases under RA 7610, the sweetheart defense is unacceptable. A child exploited in prostitution or subjected to other sexual abuse cannot validly give consent to sexual intercourse with another person. [Malto v. People, G.R. No. 164733 (2007)]

CRIMINAL LAW

Abuses Against Chastity vs. Crimes Against Chastity Abuses Against Crimes Against Chastity [Art. 246] Chastity [Art. 336] Committed by Whom In a majority of Public officer cases, a private individual As to How Committed It is necessary that Mere immoral or some actual act of indecent proposal lasciviousness made earnestly and should have been persistently executed by the offender Acts of Lasciviousness v. Grave Coercion v. Unjust Vexation [REYES, Book 2] Acts of Grave Unjust Lasciviousn Coercion Vexation ess [Art. [Art. 286] [Art. 287] 336] Nature of Compulsion or Force Compulsion Compulsion No presence or force is or force is of included in the very act compulsion the constituting or force, act constructive the offense of touching element of of grave is a mere force coercion incident What Must Accompany the Act Need not be Must be Moral accompanie d by any accompanied compulsion by acts of amounting moral lasciviousnes to compulsion or acts of s or intimidation lewdness is sufficient lasciviousne ss When Punishable Under RA No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) Acts of lasciviousness is punished under RA No. 7610 when performed on a child below 18 years of age, exploited in prostitution or subjected to other sexual abuse. [REYES, Book 2]

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Elements of Lascivious Conduct under RA No. 7610 The following elements of sexual abuse under Sec. 5 (b) of RA 7610 must be proven in addition to the elements of acts of lasciviousness: [SE-18] a. Accused commits the act of Sexual intercourse or lascivious conduct. b. Said act is performed with a child Exploited in prostitution or subjected to other sexual abuse. c. Child, whether male or female, is below 18 years of age. [Navarrete v. People, G.R. No. 147913 (2007)] Additional elements, according to the IRR: [TSIG] a. There is intentional Touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, OR the introduction of any object into the genitalia, anus or mouth, of any person, b. Committed against same or opposite Sex, c. There is Intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person.

3.

Chapter III – Seduction, Corruption of Minors and White Slave Trade

a. Article 337 - Qualified Seduction Seduction - enticing a woman to unlawful sexual intercourse by promise of marriage or other means of persuasion without use of force. It applies when there is abuse of authority (qualified seduction) or deceit (simple seduction). [REYES, Book 2] Two Classes of Seduction: a. Seduction of a virgin over 12 years and under 18 years of age by certain persons such as, a person in authority, priest, teacher or any person who, in any capacity shall be entrusted with the education or custody of the woman seduced.

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b. Seduction of sister or descendant, whether

or not she is a virgin or over 18 years of age Elements of (a): [VOUSA] 1. Offended party is a Virgin, which is presumed if she is unmarried and of good reputation; 2. She is Over 12 and Under 18 yrs. of age; 3. Offender had Sexual intercourse with her; and 4. There is Abuse of authority, confidence, or relationship on the part of the offender. Elements of (b): [SiDoSBA] 1. Offended party is the Sister or Descendant of the offender, regardless of the former’s age or virginity; 2. Offender had Sexual intercourse with her; and 3. Offender is her Brother or Ascendant by consanguinity, whether legitimate or illegitimate. NOTES: 1. If the sister or descendant is under 12 years of age, the crime would be rape; and 2. If she is married and over 12 years of age, it would be adultery [REYES, Book 2]. Virgin - a woman of chaste character and of good reputation. The offended party need not be physically a virgin because virginity is presumed if the woman is unmarried and of good reputation. [People v. Yap, G.R. No. L25176, (1968); People v. .Ramos, CA, 72 OG 8139] Offenders in Qualified Seduction: [AER] 1. Those who abused their Authority: a. Person in public authority b. Guardian; or c. Teacher 2. Person who, in any capacity, is Entrusted with the education or custody of the woman seduced. 3. Those who abused confidence reposed in them: a. Priest b. House servant; or c. Domestic

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4. Those who abused their Relationship:

a. Brother who seduced his sister; or b. Ascendant who seduced descendant.

without use of force his

Domestic – a person usually living under the same roof, pertaining to the same house. [REYES, Book 2] Not a Continuing Offense The loss of virginity during the minority of the offended party consummated the offense, and the virginity of a woman cannot be lost twice. Carnal relations after 18 years of age does not constitute continuation of the offense begun when she was under 18. [People v. Bautista, 12 OG 2405] Acts of Lasciviousness v. Attempted Rape v. Qualified Seduction Acts of Attempted Qualified Lasciviousne Rape Seduction ss [Art. 336] [Art. 266-A] [Art. 337] Offended Party Either sex Woman Woman (Rape by sexual intercourse) Requisite of Sexual Intercourse Not Not required, Element of required, the offense lascivious what is acts are the final objective required is sought by the that the intent be to offender lie with the victim Intent Acts Acts Enticing a performed do performed woman to not indicate clearly unlawful that the intent indicate that sexual of the the intercourse accused was accused’s by promise to lie w/ the purpose of marriage offended was to lie w/ or other party. the offended means of woman. persuasion

Not a defense; if there is consent, it can be punished under Art. 339

Consent Defense; consent given by the offended party results in consensual sex and is not punishable

Not a defense

b. Article 338 - Simple Seduction Elements: [ORSeD] 1. Offended party is Over 12 and under 18 years of age; 2. She is of good Reputation, single or widow; 3. Offender had Sexual intercourse with her; and 4. It was committed by means of Deceit. Deceit Deceit generally takes the form of unfulfilled promise of marriage and this promise need not immediately precede the carnal act. [People v. Iman, 62 Phil 92] Promise of marriage by a married man is not a deceit, if the woman knew him to be married. [REYES, Book 2] Qualified Seduction vs. Simple Seduction Qualified Simple Seduction Seduction [Art. [Art. 338] 337] Virginity Essential element of Not an essential the crime element, it is enough that the woman is single or a widow of good reputation and has a chaste life [Reyes, Book II] Deceit Not an essential Essential element element since it is

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replaced by abuse of confidence. [People v. Fontanilla, G.R. No. L-25354 (1968)] As to Manner of Commission May be committed Can be committed only with abuse of even without abuse authority, abuse of of authority, abuse confidence or abuse of confidence or of relationship abuse of relationship As to Offender Specific offenders Any person so long such as a person in as there is deceit. public authority, priest, house servant, guardian, teacher or any person entrusted with the education or keeping of the offended woman seduced, a brother seducing his sister, or ascendant seducing a descendant.

c. Article 339 Acts of Lasciviousness with the Consent of the Offended Party Elements: [LUA] 1. Offender commits acts of Lasciviousness or lewdness; 2. Acts are committed upon a woman who is a virgin or single or widow of good reputation, Under 18 yrs. of age but over 12 yrs., or a sister or descendant, regardless of her reputation or age; and 3. Offender Accomplishes the acts by abuse of authority, confidence, relationship, or deceit. "With the Consent of the Offended Party." The offended woman may have consented to the acts of lasciviousness being performed by the offender on her person, but the consent is obtained by abuse of authority, confidence or

CRIMINAL LAW

relationship or by means of deceit. [REYES, Book 2] Offended Party Male cannot be the offended party under Art. 339; unlike Art. 336, it does not mention “persons of either sex” as the offended party. [id.] Circumstances for Seduction It is necessary that it be committed under circumstances which would make it qualified or simple seduction had there been sexual intercourse, instead of acts of lewdness only. [REYES, Book 2] Higher Degree Imposed if Victim is Under 12 When the victim is under 12 yrs., the penalty shall be one degree higher than that imposed by law. [Sec. 10, RA 7610] Acts of Lasciviousness vs. Acts of Lasciviousness with Consent Acts of Acts of Lasciviousness Lasciviousness with Consent [Art. 336] [Art. 339] Circumstances under Which the Crime was Committed Committed under Committed under circumstances circumstances which, had there which, had there been carnal been carnal knowledge, would knowledge, would amount to rape amount to either qualified or simple seduction Offended Party Offended party Offended party is a should only be female or male female

d. Article 340 - Corruption of Minors (as amended by BP Blg. 92) Punishable Act: Promoting or facilitating the prostitution or corruption of persons underage

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(below 18 years old) to satisfy the lust of another. [REYES, Book 2] NOTES: 1. It is not necessary that the unchaste acts shall have been done. What the law punishes is the act of a pimp who facilitates the corruption of, and not the performance of unchaste acts upon the minor. [id.] 2. Victim must be of good reputation, not a prostitute or corrupted person. [id.] "To satisfy the lust of another." Because of this phrase, one who casts for his own ends does not incur the sanction of the law. [id.]

e. Article 341 - White Slave Trade Acts Punishable: [BuPS] 1. Engaging in Business of prostitution 2. Profiting by prostitution 3. Enlisting the Services of women for the purpose of prostitution. Corruption of Minors vs. White Slave Trade Corruption of White Slave Trade Minors [Art. 340] [Art. 341] Minority of Victims It is essential that Victim need not be a the victims are minor minors Sex of Victims May be of either sex Females Profit Not necessarily for Generally for profit profit Habituality Committed by a Generally committed single act habitually [REYES, Book 2]

Prostitution [Art. 202]

Slavery [Art. 272] Offender

White Slave Trade [Art. 341]

Prostitutes who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct

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Anyone who purchases, sells, kidnaps or detains a human being for the purpose of enslaving him

Anyone who engages in the business or profits by prostitution or enlists another for the purpose of prostitution Consent of Woman Woman Committed With or consented against her without since she is will woman’s the one consent habitually engaged in the act

4. Chapter IV - Abduction a. Article 342 - Forcible Abduction Elements: [WAL] 1. Person abducted is any Woman, regardless of her age, civil status or reputation; 2. Abduction is Against her will; and 3. Abduction is with Lewd designs. Abduction The taking away of a woman from her house or the place where she may be for the purpose of carrying her to another place with intent to marry or corrupt her. [People v. Crisostomo, G.R. No. L-19034, February 17, 1923] If Female is Under 12 years of age If the female abducted is under 12, the crime is forcible abduction, even if she voluntarily goes with her abductor. [Id] Elements of Complex Crime of Forcible Abduction with Rape: 1. Abductor had carnal knowledge of the abducted women; and 2. It is committed by: a. Using force or intimidation; or

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b. When the woman is deprived of reason or otherwise unconscious or when the woman is under 12 years of age or is demented. [People v. Domingo, G.R. No. 225743, June 7, 2017] NOTE: Primary objective of the offender must not be to commit rape [id.] Forcible Abduction with Several Acts of Rape While the first act of rape was being performed, the crime of forcible abduction had already been consummated, hence, forcible abduction can only be attached to the first act of rape, detached from the 3 subsequent acts of rape. The effect therefore would be one count of forcible abduction with rape and 4 counts of rape for each of the accused. [People v. Jose, G.R. No. L-28232 (1971)]

Rules on Absorption 1. Forcible abduction is absorbed by rape – if main objective was to rape the victim [People v. Godines, G.R. No. 93410 (1991)]. 2. Attempted rape is absorbed by forcible abduction – thus, there is no complex crime of forcible abduction with attempted rape. [Id] 3. Conviction of acts of lasciviousness is not a bar to conviction of forcible abduction. [People v. Godines, G.R. No. 93410 (1991)] Forcible Abduction v. Grave Coercion v. Serious Illegal Detention Serious Forcible Grave Illegal Abduction Coercion Detention [Art. 342] [Art. 286] [Art. 267] As to Existence of Lewd Design Lewd design Lewd design With lewd is not an is not an design element element As to Deprivation of Liberty

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No There is deprivation deprivation of liberty. of liberty. [REYES, Book 2]

There is deprivation of liberty

Forcible Abduction with Rape vs. Kidnapping with Rape vs. Corruption of Minors Forcible Abductio Kidnapping Corruption n with with Rape [Art. of Minors Rape 267] [Art. 340] [Art. 342] As to Purpose Purpose Purpose is to Purpose is is to deprive the to lend the effect his victim of his victim to lewd liberty. illicit designs intercourse on the with others victim As to Classification Crime Crimes Crime against against against liberty chastity Chastity [REYES, Book 2]

b. Article 343 - Consented Abduction Elements: [VOCoL] 1. Offended party is a Virgin; 2. She is Over 12 and under 18 yrs. of age; 3. Offender takes her away with her Consent, after solicitation or cajolery from the offender; 4. Taking away is with Lewd designs. NOTE: When there was no solicitation or cajolery and no deceit and the girl voluntarily went with the man, there is no crime committed even if they had sexual intercourse. [REYES, Book 2] Complex Crime of Consented Abduction with Rape When a 15-year-old girl was induced by the accused to leave her home and later was forcibly violated by him, the accused is guilty of the complex crime of consented abduction with

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rape. [People v. Amante, G.R. No. L-25604, December 6, 1926]

b. If of legal age and not incapacitated, only she can file the complaint.

Crimes against Chastity where Age and Reputation are Immaterial: [RAQF] a. Rape [Art. 266-A]; b. Acts of lasciviousness against the will or without the consent of the offended party [Art. 336] c. Qualified seduction of sister or descendant [Art. 337] d. Forcible abduction [Reyes, Book Two] [Art. 342]

Criminal prosecution cannot be instituted: a. Unless instituted by the offended party or her parents, grandparents, or guardian; or b. If offender has been expressly pardoned by the above-named persons

Crimes against Chastity where Age and Reputation is Material: [QS-LaCA] a. Qualified Seduction (of a virgin over 12 and under 18) [Art. 337] b. Simple Seduction [Art. 338] c. Acts of Lasciviousness with the Consent of the Offended Party [Art. 339] d. Corruption of Minors [Art. 340] e. Consented Abduction [Art. 343]

5. Chapter V: Provisions Relating to the Preceding Chapters of Title 11 a. Article 344 - Prosecution of Private Offenses How prosecuted: a. Adultery and Concubinage - prosecuted upon the complaint signed by the offended spouse. Criminal prosecution cannot be instituted: a. Unless both guilty parties, if both are alive, are included; or b. If offended party have consented or pardoned the offenders b. Seduction, Abduction and Acts of Lasciviousness - prosecuted upon the complaint signed by the offended party – a. Even if a minor, or

If a minor or incapacitated refuses to file, either of the next succeeding persons may file: a. Either of the parents; b. Either of the grandparents, maternal or paternal; c. Legal or judicial guardian; or d. The state, as parens patriae when the offended party dies or becomes incapacitated before she could file the complaint and she has no known parents, grandparents or guardians. [Rules of Court, Rule 110, Sec. 5] NOTE: The right to file the action shall be exclusive of all other persons and shall be exercised successively in the order provided above [Rules of Court, Rule 110, Sec. 5]. Rape May be Prosecuted de officio Rape is now a crime against persons, which may be prosecuted de officio. [RA No. 8353, Sec. 2] Complex Crimes; Instituted by Public Prosecutor In case of complex crimes, where one of the component offenses is a public crime, the criminal prosecution may be instituted by the public prosecutor. [People v. Yu, G.R. No. L13780, January 28, 1961] Effect of Marriage 1. Marriage of the offender with the offended

party in seduction, abduction, acts of lasciviousness and rape, extinguishes criminal action or remits the penalty already imposed [Art. 344, RPC].

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2. It also extinguishes the criminal actions

against the co-principals, accomplices, and accessories [Art. 344, RPC] 3. Marriage must be entered into in good faith. 4. Marriage may take place even after criminal proceedings have commenced, or even after conviction (extinguishes criminal action and remits penalty). [REYES, Book 2] Pardon Pardon of the offenders by the offended party is a bar to prosecution for adultery or concubinage [Art. 344, par. 2]

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Civil Liability of Adulterer and Concubine The adulterer and the concubine can be sentenced only to indemnify for damages caused to the offended spouse. ● The article authorizes the imposition of indemnity in cases of concubinage against the concubine only, but not against the guilty husband. [REYES, Book 2] ● The guilty wife in adultery cannot also be sentenced to indemnify for damages caused to the offended husband, the law speaks of adulterer not adulteress [id.] All the Accused must Support the Offspring All the accused must support the offspring since any one of them may be the father and contributed in giving birth to the child. [id.]

Pardon; How Given General rule: May be express or implied Exception: Pardon must be express in seduction, abduction, rape, or acts of lasciviousness. [REYES, Book 2] Condonation Condonation is forgiveness based upon the presumption and belief that the guilty party has repented. However, any act of infidelity to the vows of marriage, subsequent to the condonation constitutes a new offense. [REYES, Book 2]

b. Article 345: Civil Liability of Persons Guilty of Crimes Against Chastity Those Guilty of Rape, Seduction or Abduction shall: [IOS - AMDO] 1. Indemnify the offended woman 2. Acknowledge the Offspring, unless the law should prevent him from doing so 3. Support the offspring, except: a. In cases of Adultery and Concubinage b. Where either of the offended party or accused is Married c. When paternity cannot be Determined, such as in multiple rape; and d. Other instances where the law prevents such

Moral Damages Moral damages may be recovered both by the offended party and her parents. [id]

c. Article 346 – Liability of Ascendants, Guardians, Teachers and Other Persons Entrusted with the Custody of the Offended Party Persons Liable: [CETeC] 1. Persons who Cooperate as accomplices in rape, seduction, abduction, etc. [CATAG] a. Ascendants b. Guardians c. Curators d. Teachers, and e. Any other person, who cooperate as accomplice with abuse of authority or confidential relationship 2. Teachers or persons entrusted with Education and guidance of the youth shall be penalized with disqualification (temporary special disqualification to perpetual special disqualification). 3. Any person falling within the Terms of this article, and any other person guilty of Corruption of minors for the benefit of another, shall be punished by special disqualification from filling the office of guardian. [Art. 346]

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Punished as Principals Above-mentioned persons who act as accomplices in crimes against chastity (except adultery and concubinage) shall be punished as principals. [RPC, Art. 346, par. 1]

L. CRIMES AGAINST THE CIVIL STATUS OF PERSONS

1. Chapter I: Simulation of Births and Usurpation of Civil Status a. Article 347 - Simulation of Births, Substitution of One Child for Another, and Concealment or Abandonment of a Legitimate Child Punishable Acts [SimSuCo] 1. Simulation of births; 2. Substitution of one child for another; 3. Concealing or abandoning any legitimate child with intent to cause such child to lose its civil status. Elements: Mode 1: Simulation of births [PNT]

1.Woman Pretends to be pregnant

Mode 2: Substitutio n of 1 child for another [EW]

1. A child of a couple is Exchanged with a child of another couple/ A living child is placed in place of another woman’s dead child

Mode 3: Concealing or Abandonin g any legitimate child [LAI] 1. The child is Legitimate

2. She is Not actually pregnant

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2. The exchange is Without the knowledge of the respective parents

3. She Takes another child as her own on the day of supposed delivery [REYES, Book 2]

2. The offender conceals or Abandons such child

3. The offender has the Intent to cause such child to lose its civil status

NOTES: a. Object of the crime is the creation of false, or the causing of loss of civil status. [REYES, Book 2] b. Unlawful sale of a child by his father is not a crime under this article. [US v. Capillo, G.R. No. 9279 (1915)] “Abandon” It is the practice of abandoning newly born infants and very young child at the door of hospitals and churches. It is leaving the child at a public place where other people may find it and causing the child to lose its civil status. [REYES, Book 2] Other Persons Liable : 1. The woman who simulates the birth and the one who furnishes the child are both responsible as principals. [REYES, Book 2] 2. A physician or surgeon or public officer, who cooperates in the execution of these crimes, is also liable if he acts in violation of the duties of his profession or office. [REYES, Book 2]

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Abandonment in Art 347 v. Abandoning a Minor in Art 246 Concealment or Abandoning a Abandonment of a Minor Legitimate Child [Art. 246] [Art. 347] As to the Offender One who has the Any person custody of the child As to Intent To avoid obligation To cause the child to of rearing and lose his civil status caring for the child

b. Article 348 - Usurpation of Civil Status Elements [RAE] 1. A person Represents himself to be another 2. He Assumes the filiation or the parental or conjugal rights of such another person; and 3. There is intent to Enjoy the rights arising from the civil status of another Qualifying Circumstance The crime is qualified if the purpose is to defraud the offended party or his heirs [Art. 348, RPC]. NOTE: Usurpation of profession may be punished under this Article. [REYES, Book 2] Usurpation of Civil Status v. Using Fictitious Name v. Estafa by Deceit Usurpation Using Estafa of Civil Fictitious [Art. 315] Status [Art. Name [Art 348] 178] As to Intent Intent to enjoy Intent is to Intent is to rights arising conceal a defraud from crime, evade another another’s civil the execution (estafa by status must of a means of be present judgement, or deceit) cause damage to public interest As to Necessity of Actual Damage

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Damage not necessary

Damage or prejudice is necessary

2. Chapter II: Illegal Marriages a. Article 349 – Bigamy Elements [LeNSEs]: 1. Offender has been Legally married; 2. Marriage has Not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to Civil Code 3. Offender contracts a Second or subsequent marriage 4. The second or subsequent marriage has all the Essential requisites for validity. NOTE: Bigamy does not apply to those married under the Muslim Code [PD 2083, Art 180] Causes Producing Legal Dissolution of First Marriage 1. Death of one of the contracting parties 2. Judicial declaration annulling a void marriage; 3. Judicial decree annulling a voidable marriage [REYES, Book 2] Validity of Marriage 1. The fact that the first marriage is void from the beginning is not a defense. As with voidable marriage, there must be a judicial declaration of nullity of marriage before contracting the second marriage. [Mercado v. Tan, G.R. No. 137110 (2000)] 2. Validity of second marriage is a prejudicial question. The second marriage must have all the essential requisites for validity in such a way that it would have been valid were it not for the subsistence of the first marriage. If the second marriage is void, there is no bigamy. [People v. De Lara, 51 OG 4079] However, note that declaration of nullity of the second marriage due to psychological

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incapacity is not a defense. Since a marriage contracted during the subsistence of a valid marriage is automatically void, the nullity of the 2nd marriage is not per se an argument to avoid criminal liability [Tenebro v. CA, G.R. No 150758 (2004)] Effect of Divorce When both spouses are Filipino Citizens The divorce obtained from foreign courts is not valid. A spouse who remarries is still liable for bigamy. One who contracts a second marriage believing he was lawfully divorced may be liable for bigamy through reckless imprudence [People v. Schneckenburger, G.R. No. 2457 (1938)] [REYES, Book 2]

When one spouse is an alien The Filipino spouse is capacitated to remarry just as the foreign spouse is [Art. 26, Family Code] Thus after obtaining a divorce, the Filipino spouse may contract a second marriage without being liable for bigamy.

Bigamy and Concubinage One convicted of bigamy may also be prosecuted for concubinage as both are distinct offenses. The first is an offense against civil status, which may be prosecuted at the instance of the state; the second is an offense against chastity, and may be prosecuted only at the instance of the offended party. [REYES, Book 2] Persons Liable as Accomplices If they have knowledge of the first marriage, the following are liable as accomplices: [SW] 1. Second Spouse; and 2. Witness who falsely vouches for the capacity of the contracting parties [id.]

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Defense has Burden of Proof Once the prosecution has established that the defendant was already married at the time he contracted the second marriage, the burden of proof to show the dissolution of the first marriage is on the defense. [id.] Prescription Period Prescription commences not from the time of commission but from the time of its discovery by the complainant spouse. The rule of constructive notice does not apply. [Regalado] Bigamy vs. Adultery and Concubinage Bigamy Adultery/Concubin [Art 349] age [Art 333/Art 334] As to Nature of the Offense Public Offense, Private offense, crime against status crime against chastity As to Effect of Pardon No effect Bars prosecution As to Who May Prosecute At the instance of Only at the instance the State; thus it is of the offended party immaterial who initiates the action. As to Who should be Impleaded The offending Both the guilty spouse. The parties must be second/subsequent impleaded (the spouse is not offending spouse necessarily liable for and the other party). the crime of bigamy and whether he/she should be included in the information will be determined by the fiscal conducting the preliminary investigation. [People v. Schneckenburger, G.R. No 48183 (1941)]

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b. Article 350 - Marriage Contracted against Provisions of Laws Elements [CK-ND]: 1. Offender Contracted marriage; and 2. He Knew at the time that: a. Requirements of the law were Not complied with; or b. Marriage was in Disregard of a legal impediment.

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M.CRIMES HONOR

AGAINST

1. Chapter I – Libel SECTION 1. DEFINITION, FORMS, AND PUNISHMENT OF THIS CRIME

a. Article 353 - Libel

NOTE: Offender must not also be guilty of bigamy [id.] Qualifying Circumstance The crime is qualified when the consent of the other party was obtained through violence, intimidation, or fraud [Art. 350].

c. Article 351 - Premature Marriage (Repealed by RA No. 10655) NOTE: This provision has been when President Benigno Aquino III signed into law RA 10655 (Act Repealing Art. 351 of the RPC), thus decriminalizing the said article.

d. Article 352 - Performance of Illegal Marriage Ceremony Elements [AP] 1. Offender is Authorized to solemnize marriages 2. He Performs or authorizes any illegal marriage ceremony Persons Liable [PC] The following can be held liable for performing or authorizing any illegal marriage ceremony: 1. Priests or ministers of any religious denomination or sect, or 2. Civil authorities [REYES, Book 2] NOTE: If the offender is not so authorized to solemnize marriages, he is liable under Art 177, Usurpation of Authority [REYES, Book 2]

NOTE: Defamation is the proper term for libel as used in Art. 353 [REYES, Book 2] Defamation - Includes libel and slander, means the offense of injuring a person's character, fame or reputation through false and malicious statements. [id.] Libel vs. Slander Libel [Art. 355] Defamation committed by means of writing, printing, lithography, engraving, radio, phonograph, painting or theatrical or cine- matographic exhibition, or any similar means

Slander [Art. 358]

Oral defamation

NOTE: There is no distinction between calumny, insult and libel. [REYES, Book 2] Defamation vs. Seditious Libel Libel Seditious Libel [Art. 355] [Art. 142(3)] As to Acts Committed Committed by Committed by means of writing, writing, publishing printing, lithography, or circulating radio, phonograph, scurrilous libels. painting or theatrical

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or cine- matographic exhibition, or any similar means As to the Offended Party Government or any of its duly Any person/s constituted authorities As to the Effect Injures the person's Disturbs public character, fame or peace. reputation through false and malicious statements Elements under Art. 353: [IPMaD-DDC] 1. That there must be an Imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, status or circumstance; Imputation covers: [CVA] a. Crime allegedly committed by offended party; b. Vice or defect, real or imaginary of offended party; or c. Any Act, omission, condition, status of, or circumstance relating to the offended party. Imputation of criminal intention is not libelous. Intent to commit a crime is not a violation of the law. This is more so, when it is a mere assertion or expression of opinion as to what will be the future conduct of another. [REYES, Book 2] 2. Imputation was made Publicly; Publication Communication of the defamatory matter to some third person or persons. [REYES, Book 2] Sending a Letter is Sufficient Publication General Rule: Writing a letter to another person other than the person defamed is sufficient to constitute publication [Orfanel vs. People, G.R. No. L-26877, (1969)]

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Exception: Sending a letter in a sealed envelope through a messenger, is not publication. [Lopez vs. Delgado, G.R. No. L3499, (1907)] 3. Imputation was Malicious. Malice in Fact vs. Malice in Law Malice in Fact Malice in Law As to Proof Required Proof of malice or ill- Proof of malice is will must be proved. not required, because it is Thus, it may be shown by proof of ill- presumed to exist from the will, hatred or defamatory purpose to injure. imputation. Presumption Malice is not Presumed from a presumed since, it is defamatory a positive desire or imputation. an intention to annoy or endure. Exception: When communication is privileged, malice is not presumed. As to Proof of Good Intention and Justifiable Motive When malice in fact Upon proof of good is present, justifiable intention and motive cannot exist, justifiable motive, and the imputations even if the become actionable. publication is injurious, the presumption of malice disappears. [REYES, Book 2] 4. Imputation was Directed to: [NJD] a. a Natural; or b. Juridical person; or c. One who is Dead. Identification of Offended Party Required In order to maintain a libel suit, it is essential that the victim be identifiable, although it is not

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necessary that he be named. [Corpus vs. Cuarderno, Sr., G.R. No. L-16969, (1966)]

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b. Art. 354 – Requirement of Publicity

When defamatory Statements are addressed to a Number of People General Rule: Defamatory remarks directed at a group of persons is not actionable. Exceptions: 1. Statements are sweeping or all-embracing as to apply to every individual in that group or class [id.]; 2. Sufficiently specific so that each victim to be identifiable. [Newsweek vs. IAC, G.R. No. L63559, (1986)] 3. If the utterance is made against a number of people, designated by their common surname, not separately mentioned, then there is only one offense. [People vs. Aquinoc, 35 OG 8844, (1966)] 4. Imputation tends to cause Dishonor, Discredit or Contempt of the person defamed. [REYES, Book 2] Dishonor vs. Discredit vs. Contempt Dishonor Discredit Contempt Disgrace, Loss of State of shame or credit or being ignominy reputation; despised disesteem [REYES, Book 2] Construction of Words 1. Meaning of the writer is immaterial; what is taken into consideration is the meaning that the words conveyed on the minds of persons of reasonable understanding, discretion and candor, taking into consideration the surrounding circumstances which were known to the hearer or reader [People vs. Encarnacion, CA, 48 OG 1817] 2. Words are to be construed in their entirety and taken in their plain, natural and ordinary meaning, as they would naturally be understood by persons reading them, unless it appears that they were used and understood in another sense. [Novicio vs. Aggabao, G.R. No. 141332, (2003)]

Presumption of Malice General Rule: Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown. [Art. 354(1), RPC] Rebuttal of Presumption Presumption of malice may be rebutted, if it is shown by the accused that: [TIJ] 1. Defamatory imputation is True, in case the law allows proof of the truth of the imputation; 2. It is published with good Intention; and 3. There is Justifiable motive for making it. [REYES, Book 2] Exception: Malice is not privileged communications:

presumed

in

Types of Privileged Communication Privileged Communicatio Requisites: n (PC) 1. The person who made the communication had a legal, moral or social Duty to make the communication, or, PC 1: Private at least, he had an Communicatio interest to be upheld; n Made to Another in the 2. Communication is Performance addressed to an of a Legal, Officer or a board, or Moral or Social superior, having Duty some interest or duty in the matter; and [DOF] 3. The statements in [Art. 354(1)] the communication are made in good Faith without malice (in fact). [Reyes, Book Two] 1. It is a fair and true PC 2: Fair and Report of a judicial, true report of legislative, or other

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Official Proceedings [RFC] [Art. 354(2)]

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official proceedings which are not of confidential nature, or of a statement, report or speech delivered in said proceedings, or of any other act performed by a public officer in the exercise of his functions; 2. It is made in good Faith; and 3. It is without any Comments or remarks.

[REYES, Book 2] Actionable Privileged Communication General Rule: The fact that a communication is privileged does not mean that it is not actionable; the privileged character simply does away with the presumption of malice, which the plaintiff has to prove in such a case. [Lu Chu Siong vs. Lu Tian Chong, G.R. No. L122, (1946)] Exception: Absolute Privileged Communication is not actionable even if made in bad faith. Absolute privileged communication is specifically recognized in the Constitution – it pertains to statements made in official proceedings of Congress by members thereof, as part of their parliamentary immunity [REYES, Book 2]. Under PC 1: Private Communication Made to Another in the Performance of a Legal, Moral or Social Duty [Art. 354(1)] 1. Accusation must be made in private communication. Thus, in a case where the accused aired them in a public meeting instead of making the accusations in private, it is held that is not privileged. [People vs. Jaring, C.A., 40 O.G. 3683] NOTE: Unnecessary publicity destroys good faith. [REYES, Book 2]

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2. Communication may also be in a public document. [id.] 3. That the statement is a privileged communication is a matter of defense - A privileged communication is a matter of defense and, like all other matters of defense, must be established by the accused. [REYES, Book 2] Exception: When in the information itself it appears that the communication alleged to be libelous is contained in an appropriate pleading in a court proceeding, the privilege becomes at once apparent and defendant need not wait until the trial and produce evidence before he can raise the question of privilege. [People vs. Andres, G.R. No. L14548, (1960)] 4. Defense may be overcome when the prosecution shows that: [MT] a. Defendant acted with Malice in fact; or b. There is no reasonable ground for believing the charge to be True. [REYES, Book 2] Under PC 2: Fair and True Report of Official Proceedings [Art. 354(2)] 1. Communication must be pertinent and material to the subject matter. It does not protect any unnecessary defamation. [REYES, Book 2] 2. Only matters "which are not of confidential nature" may be published when the court, in any special case, has forbidden the publication of certain records in the interest of morality or decency the same should not be published. [id.] NOTE: Privilege has been strictly limited to cases in which the right of access is secured by law [id.] Enumeration under Art. 354 is Not an Exclusive List of Qualifiedly Privileged Communication

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It is rendered more expansive by the Constitutional guarantee of freedom of the press. [Borja vs. CA, G.R. No. 126466, (1999)] 1. Doctrine of Fair Comment - while in general every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is deemed malicious, nevertheless, when the discreditable imputation is directed against a public person in his public capacity, it is not necessarily actionable. [Borja vs. CA, id.] 2. Statements made in self defense or in

mutual controversy are often privileged [People vs. Baja, CA 40 OG] 3. The person libeled is justified to hit back with another libel [REYES, Book 2] General Rule: The defamatory statements made by the accused must be a fair answer to the libel made by the supposed offended party and must be related to the imputation made. [id.] Defamatory Remarks against Public Officers General Rule: Defamatory remarks and comments on the conduct or acts of public officers which are related to the discharge of their official duties will not constitute libel is the defendant proves the truth of the imputation. [id.] Exception: Any attack upon the private character of the public officer on matters which are not related to the discharge of their official functions may constitute libel. [People vs. Del Fierro, G.R. No. 3599-R, (1950)] Criticism vs. Defamation [REYES, Book 2] Criticism Defamation [Art. 353] Deals only with such Follows a public things as shall invite officer into his public attention or private life which call for public has no connection comment. with the

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performance of his public duties, and falsely charges him with evil motives, clearly designed to destroy his reputation or besmirch his name.

c. Art. 355 – Libel by Means of Writings or Similar Means Libel is Committed by Means of: [WET-CAP-PPLR] 1. Writing; 2. Engraving; 3. Theatrical exhibition; 4. Cinematographic exhibition; 5. Any similar means; 6. Printing; 7. Phonograph; 8. Painting; 9. Lithography; or 10. Radio Permanent Nature of Publication The word "radio" used in said Art. 355, should be considered in relation to the terms with which it is associated, all of which have a common characteristic, namely, their permanent nature as a means of publication. Thus, defaming through an amplifier constitutes the crime of oral defamation or Slander under Art. 358. [People vs. Santiago, G.R. No. L-17763] Similarly, although the medium of television is not expressly mentioned, it easily qualifies under the general provision "or any similar means." [REYES, Book 2] Libelous Remarks in the Heat of Passion; Considered Threat not Libel In such case, the offense committed is clearly and principally that of threats; the statements derogatory to a person named do not constitute an independent crime of libel. [People vs. Yebra, G.R. No. L-14348, (1960)]

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d. Art. 356 – Threatening to Publish and Offer to Prevent such Publication for a Compensation

e. Art. 357 – Prohibited Publication of Acts Referred to in the Course of Official Proceedings

Punishable Acts: [TP] 1. Threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family. 2. Offering to Prevent the publication of such libel for compensation, or money consideration.

Elements: [REMPO] 1. Offender is a: a. Reporter; b. Editor; or c. Manager of a newspaper daily or magazine. 2. He publishes facts connected with the Private life of another; and 3. Such facts are Offensive to the honor, virtue and reputation of said person.

NOTE: Acts under this article may be known as blackmail. [REYES, Book 2] Blackmail May be defined as any unlawful extortion of money by threats of accusation or exposure. ● Two words are expressive of the crime — hush money. [U.S. vs. Eguia, et al., G.R. No. 13540, (1918)] Felonies Wherein Blackmail is Possible: [LT] 1. Light threats. (Art. 283) 2. Threatening to publish, or offering to prevent the publication of, a libel for compensation. (Art. 356) Light Threats vs. Threatening to Publish or Prevent Publication Light Threats [Art. 283]

Threatening to Publish or Preventing Publication [Art. 356] As to the Act Committed Offender threatens 1. Threatens another another to commit an to publish a libel; or act which does not 2. Offering to prevent a publication of a amount to a crime libel As to Demand for Money Demand for money or Demanding money or imposition of any asking for monetary condition is an compensation is essential element essential in Mode 2 (Offer to Prevent).

NOTE: Prohibition applies even if such publication is made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative or judicial proceeding. Art. 357 constitutes the so-called "Gag Law." Newspaper reports on cases pertaining to adultery, divorce, issues about the legitimacy of children, etc., will necessarily be barred from publication. [REYES, Book 2] Revelation of Source of News General Rule: The publisher, editor, columnist or duly accredited reporter of any newspaper, magazine or periodical of general circulation cannot be compelled to reveal the source of any news report or information appearing in said publication [Sec. 1, RA 1477] Exception: When the court or a House or committee of Congress finds that such revelation is demanded by the security of the State. [id.]

f. Art. 358 – Slander Slander (Oral Defamation) Libel committed by oral or speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood. [Villanueva vs. People, G.R. No. 150351, (2006)]

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NOTE: Slander need not be heard by the offended party. There is oral defamation, even if other persons and not the offended party heard the slanderous words, because a person's reputation is the estimate in which others hold him [REYES, Book 2] Kinds of Oral Defamation: [SG] 1. Simple slander 2. Grave slander (when it is of a serious and insulting nature). [REYES, Book 2] Factors Affecting Gravity of Slander: [EPCS] 1. Expressions used 2. Personal relations of the accused and the offended party 3. Circumstances surrounding the case; and 4. Social Standing and position of the offending party [id.] “Putang ina mo” is a common expression The words, "Agustin, putang ina mo" is a common expression in the dialect that is often employed not really to slander but rather to express anger or displeasure. It is seldom, if ever, taken in its literal sense. [Reyes vs. People, G.R. No. L-21528 (1969)]

g. Art. 359 – Slander by Deed Elements: [NP-DDC] 1. Offender performs any act Not included in any other crime against honor. 2. Such act is performed in the Presence of other person or persons. 3. Such act casts Dishonor, Discredit or Contempt upon the offended party. [REYES, Book 2] Kinds of Slander by Deed: 1. Simple slander by deed, and 2. Grave slander by deed (of a serious nature). [id]

CRIMINAL LAW

Examples of Slander by Deed 1. Slapping the face of another - slander by deed if the intention of the accused is to cause shame and humiliation. [People vs. Delfin, G.R. Nos. L-15230 & L-15979-81, (1961)] 2. Pointing “dirty finger” or flipping off someone is simple slander by deed – the act connotes the phrase "Fuck You," which is similar to the expression "Puta" or "Putang Ina mo," in local parlance. While it may have cast dishonor, discredit or contempt, said act is not of a serious nature. [Villanueva vs. People, G.R. No. 160351, (2006)] Maltreatment by Deed vs. Slander by Deed Maltreatment by Slander by Deed Deed [Art. 356] [Art. 266] As to the Act Punished Any act performed Ill-treatment of on another, not another by deed, without causing any being included in any other crime of injury honor, in the Ex. Slapping of face presence of others, which dishonors, without intent to discredits or causes cause dishonor contempt to another party. Ex. Slapping with intent to cause dishonor As to Humiliation/Shame Suffering of shame Offended party or humiliation is not suffered from shame required. or humiliation caused by the maltreatment. As to Intent to Dishonor Not Required Required [REYES, Book 2]

NOTE: Gravity is affected by the social standing of the offended party, the circumstances under which the act was committed, the occasion, etc. [id]

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Unjust Vexation vs. Acts of Lasciviousness vs. Slander by Deed Unjust Acts of Slander by Vexation Lasciviousnes Deed [Art. s [Art. 356] 287] [Art. 336] As to the Act Punished Act which The Any act does not commission of performed on produce a lewd act to another, not material a person of being physical either sex with included in harm, but force, or any other unjustly deprivation of crime of annoys or reason or honor, in the vexes fraudulent presence of another machination others, which or when the dishonors, victim is under discredits or 12 years causes contempt to another party. As to Intent To annoy To commit a To humiliate or vex lewd act; no or dishonor intent to have sexual intercourse. [REYES, Book 2] NOTE: Kissing a girl in public and touching her breast without lewd designs, committed by a rejected suitor to cast dishonor on the girl was held to be slander by deed and not acts of lasciviousness. [People vs. Valencia, CA-G.R. No. 4136-R, (1950)] SECTION 2. GENERAL PROVISIONS

h. Art. 360 – Persons Responsible for Libel Persons Liable: [PEMO] 1. Person who Publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means. 2. Author or Editor of a book or pamphlet.

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3. Editor or business Manager of a daily newspaper, magazine or serial publication. 4. Owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication. [REYES, Book 2] Venue [Art. 360(3), RPC] The criminal and civil actions for damages in case of written defamations shall be filed simultaneously or separately with the RTC of the province or city: [PR] 1. Where the libelous article is Printed and first published; or 2. Where any of the offended parties actually Resides at the time of the commission of the offense. Venue when Party is a Public Officer v. Private Individual Public Officer Private Individual 1. If officer holds Action shall be filed his office in the before: City of Manila – 1. CFI of the the action shall province or city be filed before: where he actually resides a. CFI of the at the time of the City of commission of Manila; or the offense or b. City or province 2. Where the where the libelous matter is libelous printed and first article is published. [Art. printed and 360 (3), RPC] first published. 2. If the public officer does not hold office in the City of Manila – the action shall be filed before: a. CFI of the province or city where he held office at the time of commission

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2. That the publication of the article was an honest mistake is not a complete defense but serves only to mitigate damages where the article is libelous per se. [REYES, Book 2.]

of the offense or b. Where the libelous article is printed and first published. [Art. 360 (3), RPC] NOTE: Civil action shall be filed in the same court where the criminal action is filed and vice versa. Moreover, court where the criminal action or civil action for damages is first filed shall acquire jurisdiction to the exclusion of other courts [Art. 360(3), RPC].

i. Art. 361 – Proof of Truth Proof of Truth is admissible in any of the following instances: [CG] 1. When the act or omission imputed constitutes a Crime regardless of whether the offended party is a private individual or a public officer. 2. When the offended party is a Government employee, even if the act or omission imputed does not constitute a crime, provided, it is related to the discharge of his official duties. [REYES, Book 2] Requisites to be Considered as Defense in Defamation. Under Art. 361 (1), proof of the truth is not enough, it must also be proven that: [TMJ] 1. The matter charged as libelous is True; 2. It was published with good Motives; and 3. It was published for Justifiable ends [Art. 361, RPC] Mitigation of Damages Damages may be mitigated when: 1. There is a retraction published, which must contain an admission of the falsity of the libelous publication and evince a desire to repair the wrong occasioned thereby [Sotelo Matti v. Bulletin Publishing, G.R. No. L-11202, (1918)]

Direct Evidence The proof of the truth of the accusation cannot be made to rest upon mere hearsay, rumors or suspicion. It must rest upon positive, direct evidence upon which a definite finding may be made by the Court. [U.S. vs. Sotto, G.R. No. 13990, (1918)].

j. Art. 362 – Libelous Remarks Libelous remarks or comments connected with the matter privileged under the provisions of Article 354 (Requirement for Publicity), if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability. [Art. 362, RPC] Example: The author or the editor of a publication who distorts, mutilates or discolors the official proceedings reported by him, or add comments thereon to cast aspersion on the character of the parties concerned, is guilty of libel, notwithstanding the fact that the defamatory matter is published in connection with a privileged matter. [REYES, Book 2]

2. Chapter II – Incriminatory Machinations a. Art. 363 – Incriminating Innocent Persons Elements: [PIIN] 1. Offender Performs an act; 2. By such act he directly Incriminates or imputes to an Innocent person the commission of a crime; and 3. Such act does Not constitute perjury. NOTE: This article is limited to "planting" evidence and the like, which tends to cause

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false prosecution. [People vs. Rivera, G.R. Nos. L-38215 & 38216, (1933)] The two offenses form a complex crime, as the two acts imputed to the accused had closely followed each other, and that the former was a necessary means to commit the latter, which is only one crime. [People vs. Alagao, et al., G.R. No. L-20721, (1966)]

b. Art. 364 – Intriguing Against Honor Elements: [IB] 1. Offender makes an Intrigue; and

CRIMINAL LAW

2. Principal purpose of such intrigue is Blemishing the honor or reputation of another Intriguing Against Honor Any scheme or plot designed to blemish the reputation of a person by means which consist of some trickery. ● Akin to slander by deed, in that the offender does not avail directly of written or spoken words, pictures or caricatures to ridicule his victim but of some ingenious, crafty and secret plot, producing the same effect. [REYES, Book 2

Incriminating Innocent Persons vs. Perjury by Making False Accusation Intriguing Against Incriminating Perjury by Making Defamation Slander Honor Against Persons False [Art. 353] [Art. 358] [Art. 364] [Art. 363] Accusations [Art. 183] Gravamen of the Offense Offender makes an Offender directly False imputation is Imputation made must be intrigue to blemish incriminates or made before a public and malicious, and the honor or imputes to an competent person calculated to cause the reputation of innocent person the authorized to dishonor, discredit or contempt another commission of a administer an oath, of the aggrieved party. crime, but does not in cases in which avail himself of the law requires. written or spoken words in besmirching the victim's reputation. As to the Manner of Commission Consists of some Limited to the act of Involves giving of Involves the Oral or tricky and secret planting evidence false statement imputation of spoken plot. and the like, in order under oath or the a crime, or a imputation of to incriminate an making of a false vice or defect, a crime, or a innocent person. affidavit, imputing real or vice or defect, to a person the imaginary, or real or commission of a any act or imaginary, or crime. omission or any act or status. omission or status As to the Source of Derogatory Remarks Source cannot be Source can be determined determined [REYES, Book 2]

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N. QUASI-OFFENSES 1. Sole Chapter a. Art. 365 – Criminal Negligence Punishable Acts: [RSPF] 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 3. a grave or a less serious felony. 4. Causing damage to the Property of another through reckless imprudence or simple imprudence or negligence. 5. Causing through simple imprudence or negligence some wrong which, if done maliciously, would have constituted a light Felony. [Art. 365, RPC] NOTE: Imprudence or negligence is not a crime in itself; it is simply a way of committing a crime. [REYES, Book 2] Qualifying Circumstance Failing to lend help is circumstance. [Art. 365, RPC]

a

qualifying

Imprudence vs. Negligence Imprudence Negligence As to the Nature of the Action Deficiency of action Deficiency of or failure in perception or failure precaution in advertence To Avoid the Wrongful Acts By taking the By paying proper necessary attention and using precaution once due diligence in they are foreseen. foreseeing them. As to Effect Both are merely means of committing a crime, thus are not crimes in themselves. [REYES, Book 2]

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Reckless v. Simple Imprudence Reckless Simple Imprudence Imprudence [FaV-MD-P] [PN] 1. Offender does or 1. There is lack of Fails to do an Precaution act; displayed by the 2. The doing of or offender; the failure to do 2. Damage impending to be that act is caused is Not Voluntary; immediate nor is 3. It was without the danger Malice; clearly manifest. 4. Material Damage results. 5. There is inexcusable lack of Precaution on the part of the offender, taking into consideration his: [EDO] a. Employment or occupation; b. Degree of intelligence, physical condition; and c. Other circumstance s regarding persons, time and place. [REYES, Book 2] NOTE: There must be injury to person/s or damage to property as a result of the imprudence [id.] Test of Negligence – Picart Test Would a prudent man, in the position of the person to whom negligence is attributed, foresee harm to the person injured as a reasonable consequence of the course about to be pursued? If so, the law imposes a duty on the actor to refrain from that course or to take precaution against its mischievous results, and

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the failure to do so constitutes negligence. [Picart vs. Smith, G.R. No. L-12219, (1918)] Concurrent Negligence Where the concurrent or successive negligent acts or omission of two or more persons, although acting independently of each other are, in combination, the direct and proximate cause of a single injury to a third person, and it is impossible to determine in what proportion each contributed to the injury, either is responsible for the whole injury, even though his act alone might not have caused the entire injury. [REYES, Book 2] Doctrine of Last Clear Chance A person who has the last clear chance or opportunity of avoiding an accident, notwithstanding the negligent acts of his opponent or that of a third person imputed to the opponent is considered in law solely responsible for the consequences of the accident [Bustamante vs. CA, G.R. No. 89880, (1991)] Emergency Rule An automobile driver who, by the negligence of another and not by his own negligence, 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 such a choice which a person of ordinary prudence placed in such a position might make even though he did not make the wisest choice. [REYES, Book 2] Requisites for the Emergency Rule to Apply: The situation must be: [SDN] 1. Sudden and unexpected; 2. Deprive him of all opportunity for deliberation; and 3. It must be such that the actor must have No knowledge that unusual consequences may result from his act [id.] Medical Negligence - Test Whether or not a physician has committed an "inexcusable lack of precaution" in the treatment of his patient is to be determined

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according to the standard of care observed by other members of the profession in good standing under similar circumstances bearing in mind the advanced state of the profession at the time of treatment or the present state of medical science. [Cruz vs. CA, G.R. No. 122445, (1997)] Reckless Imprudence is a Single Crime Its consequences on persons and property are material only to determine the penalty, thus prior conviction or acquittal of reckless imprudence bars subsequent prosecution for the same quasi-offense. [Ivler vs. ModestorSan Pedro, G.R. No. 172716, (2010)] Penalties provided in Art. 365 are not applicable in the following cases: [PA] 1. When the Penalty provided for the offense is equal to or lower than those provided in the first 2 paragraphs of Art. 365; 2. When by imprudence or negligence and with violation of the Automobile Law, the death of a person shall be caused [REYES, Book 2] The following provisions does not apply to acts penalized under Art. 365: 1. Art. 64; Art. 64 relative to mitigating and aggravating circumstances is not applicable to crimes committed through negligence. [People vs. Medroso, Jr., G.R. No. L-37633, (1975)] 2. Art. 48; Art. 48 is a procedural device allowing single prosecution of multiple felonies meanwhile Art. 365 is a substantive rule penalizing not an act defined as a felony but "the mental attitude behind the act, the dangerous recklessness, lack of care or foresight”. There is a single mental attitude regardless of the resulting consequences. Thus, Art. 365 was crafted as one quasi-crime resulting in one or more consequences. [REYES, Book 2.] NOTE: Contributory negligence is not a defense but only mitigates criminal liability. [REYES, Book 2]

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