Criminal Law (Justice Callejo) o All felonies in RPC are public wrongs, as

Bar 2011 Notes distinguished from private wrongs, the latter of

which is just a breach of duty or contract of two
Roland Glenn T. Tuazon
private parties.
Ateneo de Manila University
o Although the State has power to prosecute
persons for private crimes, the law gives the
victim the privilege of not instituting actions for
private crimes: adultery, seduction, abduction, etc.
TABLE OF CONTENTS:
There must be a complaint initiated by the
1. FUNDAMENTAL PRINCIPLES AND FELONIES offended party.
2. CIRCUMSTANCES AFFECTING LIABILITY  Ratio: to protect the latter from shame and
3. PERSONS CRIMINALLY LIABLE humiliation.
4. PENALTIES  Rape is no longer a private crime. (Art. 344
5. MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY of RPC) – it is now a crime against persons.
6. AGAINST NATIONAL SECURITY  Under RA 8353, the marriage of the
7. AGAINST FUNDAMENTAL LAWS OF THE STATE offender and the offended party will
8. AGAINST PUBLIC ORDER extinguish criminal liability of the accused.
9. AGAINST PUBLIC INTEREST  Can there be common law crimes in the Philippines?
10. RELATIVE TO OPIUM AND OTHER DRUGS o No. There are no common law crimes in the
11. AGAINST PUBLIC MORALS Philippines. Nullum crime nulla poena sine lege.
12. COMMITTED BY PUBLIC OFFICERS  What are the sources of criminal law?
o RPC, SPL, municipal ordinances.
13. AGAINST PERSONS
 What about administrative regulations? May these
14. AGAINST PERSONAL LIBERTY AND SECURITY
partake of nature of criminal law?
15. AGAINST PROPERTY
o YES.
16. AGAINST CHASTITY o Requisites:
17. AGAINST CIVIL STATUS  1) Violation of admin regulation must be
18. AGAINST HONOR made a crime by the delegating statute
19. CRIMINAL NEGLIGENCE  2) Penalty for violation must be provided by
ANNEX I: CIVIL INDEMNITY RATES the statute itself.
 Are judicial decisions by the SC penal laws?
FUNDAMENTAL PRINCIPLES AND FELONIES o No.
o Article 8 of NCC: judicial decisions interpreting the
Preliminary Constitution form part of the legal system of the
 What is the nature of felonies? Philippines. But decisions of the SC interpreting

1
 criminal statutes are not penal laws per se – they  A) ambassadors, ambassadors
are merely interpretative. extraordinary
 What are examples of laws in Philippine criminal law that  B) ministers and papal internuncios
follow the positivist theory?  C) ministers-residents
o 1. ISL  D) charges-de-affaires
 The ISL was approved to uplift and improve  This principle is inviolable; they are not
human life. Not focused on the person as a subject to local penal laws. They are
criminal, but the law takes into account immune from arrest and prosecution for
economic usefulness of offender and violation for local laws.
excessiveness of deprivation of liberty.  But one may be temporarily restrained if he
o 2. Habitual delinquency law commits acts that threaten public order.
o The State is concerned not just with protective The State may simply request for recall of
social order against criminal acts, but also the diplomat – he will still not be
redeeming the individual for social ends. Not just prosecuted locally.
retribution, but reformation.  X is a citizen of Iran, but is also an
 What is the principle of generality? honorary consul. He was caught in
o Art 14 of the NCC: Penal laws apply to all those possession of drugs. Is he exempt from
who live or sojourn in the Philippines, subject to prosecution?
international law or treaty stipulations.  No. A consul is not exempt from
o How does international law become domestic law, criminal prosecution for violation of
under the 1987 Constitution? the penal laws of a country where
 Transformation – requires that the I-law be he is assigned to. He is not entitled
transformed into domestic law; ex. local to any immunity or diplomatic
legislation privileges under the VCDR. The
 Incorporation – international law is part of nature of the job of consuls, vice-
the law of the land. consuls, or consuls-general is
 Immunities from criminal prosecution by certain
commercial in nature.
individuals:  Exception: when there is an
o 1. Covered by the VCDR or exempted by
agreement between the Philippines
treaties/laws or preferential application
and the sending country. But the
 Principle is par in parem non habet
exemption is not based on the
imperium – suing them is tantamount to
nature of his position.
suing the State they represent
 Except: immunity does not cover suits in
 Who are the diplomats covered? Classified
personal and private capacity as an
into four:
ordinary citizen

2
 Liang: The RP and ADB entered into civilian court as long as it is
an agreement under which officers covered by the RPC or any other
and staff members enjoy immunity SPL.
from legal processes and  What about Members of the PNP?
prosecution, with respect to acts  They are covered by RA 6975.
performed in their official capacity, Civilian courts have jurisdiction over
except when the bank waives the them because the PNP is civilian in
immunity. In this case, the ADB character.
o 3. Immunity under law/transactional immunity
officer committed grave oral
 Transactional immunity is statutory
defamation, which is ultra vires. He
immunity from criminal prosecution as
is not immune. This is not covered
granted by law
by immunity because he was not
 Omnibus Election Code – one who reports
performing his duty.
to the COMELEC any incident of vote
o 2. RA 7055 – Members of the AFP and officers
buying or vote selling, and he testifies for
charged with service-connected offenses
prosecution: he is entitled to immunity,
 Who are officers and members of the AFP?
 Article 1: members of AFP, those even if he took part in such crime. Sec 261
subject to military law, members of of OEC.
 P.D. 749 – immunity granted to those
the Citizens Armed Forces
furnishing information re: violation of
Geographical Units (CAFGU)
 What is the general rule? bribery, indirect bribery, corruption of
 Civilian courts have jurisdiction over public officers
crimes committed by members of Art. 2: territoriality principle
the AFP.
 What is covered by the territory of the Philippines?
 EXCEPTION: service-connected
o Phil. archipelago, atmosphere, interior waters,
offenses (provided in RA 7055) fall
maritime zone
under courts-martial
 UNCLOS –
 Civilian court determines before
o Territorial sea is up until 12 nautical miles
arraignment whether the crime is o Contiguous zone: up until 24 nautical miles
service-connected  States may exercise control even within
 Is it possible for a service-connected this area to prevent and punish
crime to be tried by civilian courts? infringement of customs, immigration,
 YES. The President, before
fiscal, sanitary laws within territory or
arraignment, in the interest of
territorial seas
justice, may refer the crime to a

3
 What are the exceptions to the territoriality rule of
criminal law?
o 1. Commission of an offense in a Philippine ship or
airship
 But technically this is not an exception,
because Philippine ships or airships are
part of Philippine territory
 Nationality of the ship depends on its
registration
o 2. Forging or counterfeiting Philippine coins or
notes or government securities
o 3. Introduction into the Philippines
forged/counterfeited notes, coins, or government
securities
 Rationale for #2 and #3: to
economic security of the Philippines
o 4. Public officers and employees who commit an
offense in the exercise of their duties
o 5. Commission of any of the crimes against
national security and the law of nations
 i.e. treason, espionage, provoking
disloyalty during war, piracy, mutiny
 Purpose of penal laws involving national
security is to protect the domestic order
and crimes against national and economic
security of the Philippines. The law is
designed to protect not only the national
and economic security of the country, and
should reach beyond the boundaries of the
Philippines, wherever they may be found.
 Differentiate the English from the French rule:
o English (territorial) – the territorial State has
jurisdiction, except when it merely
internal management of the vessel.
o French (flag) – the flag of registration has offense,
as long as it does not disturb the peace.
 There was an English vessel in Phil. territory, not in
transit. Accused was smoking opium on the ship.
o HELD: Convicted. The SC followed the English
rule, because he was smoking within Phil.
territory. This had pernicious effect on Phil.
territory (“disturbs the peace”) so it was not a
matter of mere internal management of the vessel.
 A person in a Philippine ship in Vietnamese waters got
drunk and shot three people. He was not prosecuted in
of the Vietnam. Can the Philippines prosecute him?
o Yes, the Philippines may exercise jurisdiction.
Although following the English rule, which we
protect adhere to, it must be Vietnam that exercises
jurisdiction, since Vietnam did not exercise
jurisdiction, there is nothing preventing the
Philippines from deviating from English rule.
o Rule: the territorial State has priority. If it fails to
do so, the Philippines may act under Art. 2.
or
 In the D.D.A., mere attempt to transport marijuana is a
crime. Can Philippine officials board the vessel to
prosecute those on board?
o General rule: the ship cannot be boarded. But the
UNCLOS said that the criminal law of a State may
not be enforced on board the vessel to prosecute
individuals, except if measures are necessary to
suppress illegal traffic of narcotic drugs in a
commercial vessel that passes by the territorial
sea.
 What is the nature of the high seas?
o Free for all.
concerns o Is it possible that a crime was committed beyond
the territorial sea, but yet, when the vessel enters
Phil. territorial sea, can it be prosecuted?
4
  Yes, if it is a continuing crime.
o Can Philippines legislate on crimes applying to the
high seas?
 Yes, for instance, P.D. 532 – Piracy.
o Pirates wanted to unload the oil from a vessel.
They boarded the ship within Phil. Waters, which
went to Singapore, and unloaded the oil to another
vessel in the high seas. Can they be prosecuted
here?
 Yes, they can be prosecuted for piracy even
if the crime was committed in Singapore,
because the crime began in the Philippines.
It continued to Singapore.
Art. 3: felonies
 What are the two components of felonies by dolo?
o 1. Act and omission punishable by law (physical
act)
o 2. Mens rea (intent)
 For felonies by dolo, one is not criminally
liable if there is no criminal intent.
 What about culpa?
o Not intent, but negligence, imprudence, lack of
foresight, or lack of skill
 May someone be held criminally liable for crimes of
omission?
o YES. The following must concur:
 1. There is a positive duty provided by law
 2. Accused acted voluntarily to not do a
positive duty
 3. Criminal intent in refusing to do it
o Examples: misprision of treason, prevaricacion
(Art. 208 of RPC), fraud on treasury
 What is mistake of fact and its implications?
o Recall: People v. Achong.
5
o If there is mistake of fact, then there is no criminal
intent. One is not culpable for dolo.
o The one invoking it must act with good faith.
o If he acts with negligence, such as when he is
negligent in ascertaining the true state of facts, he
may be liable for felony by culpa.
o Not a valid defense for felony by culpa or by SPL.
 What is abberatio ictus and what are its implications?
o This is mistake in the victim of the blow. There is
still criminal liability, which is generally increased
(because it either becomes a complex crime or
two separate crimes – against the intended and
the real victim).
o Can treachery apply to abberatio ictus?
 Yes, because if the accused fired at his
intended target but missed, the victims are
helpless to defend themselves.
 What is error in personae and its implications?
o This is mistake in the identity. It may or may not
lower criminal liability depending on the crime
committed and if the intended crime is of equal or
different gravity.
o Ex. X intended to kill Y, but instead killed his
father, Z by mistake. Instead of homicide, it
became parricide. In this case, Art. 49 will govern:
error in personae becomes mitigating (apply
maximum period of homicide as penalty).
 What is praeter intentionem and its implications?
o The accused did not intend to commit so grave a
wrong as that committed. This is a mitigating
circumstance under Art. 13.
o But if the means used to commit the desired crime
would also logically and naturally bring about the
actual felony, praeter intentionem does not apply.
Circumstance Common or usual implication
Mistake of fact Not culpable
Abberatio ictus Complex crime
Error in personae No change; or maximum
period of the lesser offense
Praeter intentionem Mitigating
 What is the rule on specific intent felonies?
o In specific intent felonies, the prosecution must
prove beyond reasonable doubt the specific intent.
But sometimes, specific intent may be presumed.
 Ex. intent to kill must be proved. One can
presume this, for instance, from the mere
fact that the victim died from a deliberate
act. But for attempted or frustrated
homicide, intent to kill is not presumed and
must be proved.
 Ex. intent to gain in theft. One is found in
possession of recently stolen property –
there is a presumption.
o Criminal intent can be presumed from the
commission of a delictual act.
 Must motive be proved for dolo?
o Not in general. Motive is not an essential element
of crime. But there are instances where motive is
a prerequisite to conviction of accused.
 Political crimes –If the crime committed,
for instance murder, is in pursuance of
political motive in rebellion or coup d’etat,
it is absorbed by the crime.
 Death by exceptional circumstances – intent.
killed wife and paramour who were having
sexual intercourse. Not criminally liable for
homicide, if motive is to avenge dishonor.
But if he killed the wife for some other
6
motive, and not due to exceptional
circumstances, then he is criminally liable.
o Motive, however, is useful when there is doubt
whether the accused committed the crime or as
regards the identity of the accused
 When is criminal intent not needed to commit a crime?
o 1. Culpa
o 2. Crimes malum prohibitum
 Is reckless imprudence under 365 a felony under Art. 3?
o Yes. It is a quasi-offense.
o Note the difference: Under Art. 3, culpa is mode of
committing a crime, while in Art. 365, culpa itself
is the crime punished, thus it is a felony.
o Does mistake in the identity of the victim
constitute reckless imprudence?
 No. Mistake in identity is not culpa.
 Ex. Policemen were trying to arrest an
escapee, and they saw a man sleeping.
They thought the man was the escapee.
HELD: The felony was dolo, not culpa,
because the killing was deliberate.
o May there be a crime of frustrated homicide
through reckless imprudence?
 No. Frustrated homicide requires intent to
kill. This is incompatible with
recklessness, negligence, or imprudence.
o Can there be conspiracy resulting from
negligence?
 There can be no conspiracy resulting from
negligence, because conspiracy is the
product of deliberate agreement evincing
o If the information charges an intentional felony but
what is proved is culpable felony, can the accused
be convicted?
  Yes, because the greater includes the  But mere transient possession in RA 8294
lesser offense is not a crime: there must be intent to
o Can more than one person be liable for killing the possess, not mere possession.
same person, one by dolo and one by culpa?  Can the use of unlicensed firearm be an
 Yes. aggravating circumstance?
 3 people went to carnival. X was mentally  Yes. RA 8294 provides that it is an
challenged. Y poured gasoline on X. Z lit a aggravating circumstance.
match and burned X. HELD: Y who poured o B. Violation of Trust Receipts law
gasoline was liable for reckless o C. Anti-fencing Law
imprudence resulting in homicide. He  No need to prove intent to gain
 Can one be liable for both a felony and a SPL for one
should have anticipated that after pouring
delict?
gasoline, someone could light a match –
o Yes.
lack of foresight. Z is liable for felony by
o Ex. One issued a check for a transaction which
dolo – deliberate act. (P v. Pugay)
bounced. Liable for BP 22 AND liable for estafa.
 Are crimes punishable by SPLs automatically crimes
o Ex. One pretended to be a licensed recruiter.
malum prohibitum?
Liable for both illegal recruitment and estafa.
o Not all. Some can be malum in se.
 Can one be liable for crime defined by SPL, commit
o A. Plunder is malum in se, for three reasons:
another felony and then become liable for a special
 1. Although defined by SPL, it is malum in
complex crime?
se because the crimes constitutive of
o Yes. The anti-carnapping law (RA 6539). If the
plunder are mala in se. Under the law,
offender kills the driver or occupant to take the
mitigating and extenuating circumstances
car, he is guilty of special complex crime of
are applicable to plunder.
 2. The predicate crimes are punishable by carnapping with murder.
 May a felony by dolo or culpa absorb a crime which is
RP to death.
 3. Plunder is inherently immoral and wrong. malum prohibitum?
o B. Sec. 27B of the Omnibus election code: a o No, a felony by dolo or culpa cannot absorb a

member of the BEI who tampers with election malum prohibitum crime.
 Two persons went to the public forest and cut timber,
results.
 The crime is malum in se, although the which is a violation of the Forestry Code. They were

crime is defined by SPL. It is inherently convicted, on basis of conspiracy. The court ruled that

immoral and wrong to tamper with election they were guilty to conspire to violate the Forestry Code.

results. Is the SC decision correct? Can there be conspiracy to

 Give examples of SPLs that are malum prohibitum: commit malum prohibitum?
o A. Possession of unlicensed firearm.

7
 o No. The SC is wrong. Under Art. 8, they must  Examples where even if the resulting wrongful act was
agree to commit a crime (felony). Thus, this does different from the offender’s intention, he is liable for that
not apply to malum prohibitum. (Tigoy v. P) resulting act
o Inserted vibrator in anal orifice of victim. It was
Art. 4: felonies and impossible crimes
rusty so the victim died (Complex crime of sexual
Par.1 – natural and logical consequence of felonies assault with homicide under RA 8353)
 What is the rule on liability for those who have committed o Accused robbed a store and to shut up the woman
a felony? inside, he jammed a pan de sal in her mouth. She
o That person is liable for natural (ordinary course of died by asphyxiation. Convicted of robbery with
things) and logical (reasonable connection) homicide.
consequences of his criminal act o The kidnap victim died from a heart attack due to
o The act must be the proximate cause of the effect. fear. The accused is liable for kidnapping with
o What is proximate cause? homicide.
 “The cause, which in its natural and o Accused robbed victim of belongings, the victim
continuous sequence, unbroken by any ran away and jumped in the river. She drowned.
efficient intervening cause, produces the Accused is liable since he created a sense of fear
injury and without which the result would in the mind of the victim.
not occurred” o Even if the doctor is negligent, but the accused
 And that cause may cause another thing to inflicted mortal wounds on the victim, the
occur, which produces the injury negligence of the doctor is NOT an active
o Which circumstances do not affect the existence intervening force that exculpates the accused.
of proximate cause?  But there are times the doctors’ acts are
 1. Pre-existing condition of the victim exculpatory.
(pathological)  Ex. Victim was brought to the hospital, but
 2. Negligence of doctor the doctor was so intoxicated, he gave the
 3. Refusal to get medical help or delay in victim poison instead of medicine. The
getting it
doctor was liable.
o When is something not the proximate cause of the
 Is it possible that two persons are liable for the death of
effect? the same person even if there is no conspiracy?
 1. There is an active force that intervened o Yes. Two persons went to a bar, did not know each
between the felony committed and the
other, and sat on different tables. They saw an
death of the victim, annoying person. One person stabbed him. The
 2. The resulting injury or damage is the
other, not knowing that the first one stabbed him
intentional act of the victim.
too, stabbed him again. Both wounds were mortal.
o Both are liable for homicide.

8
 An accused committed reckless imprudence, and due to o 3. Accomplishment of the act is inherently
this, two people died. Can he be prosecuted for reckless impossible or the means employed were
imprudence resulting to double homicide? May reckless inadequate or ineffectual
imprudence result into a complex crime?  Differentiate “factual or physical impossibility” from “legal
o YES, because reckless imprudence is a felony impossibility”:
under Art. 3 and Art. 48 talks about felonies as o Factual or physical impossibility
component crimes.  There is intent and performance but no
 What is the relevant presumption under Rule 131, Sec 5(c) accomplishment due to extraneous
of the Rules of Evidence? circumstances that makes accomplishment
o A person is presumed to contemplate the ordinary impossible.
consequences of his acts, and expect those.  The factual condition must be unknown to
 But intent is an internal act. How do you determine this? the offender.
o Through circumstances of the case.  What if the person knew the factual
 Does Art. 4, par. 1 regarding liability for natural and logical condition?
consequences apply to culpable felonies?  There is no crime and there is no
o No. impossible crime.
o Par. (1) is specific: it refers only to delitos.  Examples:
o NOTE: Boado has a different opinion, noting that  Offender accepted goods which he
“delitos” means felony in general, which can believed to have been stolen, but
include culpable felonies. The classic example which were not, in fact stolen
she gives is person X jumping off a building to  Offender offers a bribe to someone
commit suicide, but does not die because he lands he believes is a public officer, but is
on Y, who dies. X is liable for the death of Y even if in fact not
committing suicide is not a crime per se.  Offender believed his gun was
 What will apply to culpable felonies? loaded, pointed it as his wife, and
o Article 365 of the RPC applies. pulled the trigger. But it was empty.
o The offender is liable for whatever damage or  Intod v. CA – fired guns into empty
injury caused by him. bedroom, because the intended
Par. 2 – impossible crimes victim was out of town
 Jacinto v. P – Sales agent, instead of
 What are the elements of an impossible crime? turning over the check to employer,
o 1. The offender performed an act which would be
gave it to a relative. The check
an offense against persons or property
bounced. HELD: impossible crime,
o 2. He performed the act with criminal intent
because at the time the petitioner
stole the check, there were no funds

9
 in the bank. (Problem with this  When does the court’s duty to report to the President,
case: What about postdated through the DOJ, apply?
checks? Does not the check (paper) o 1. Acts which are not punishable by law, but should
itself have some value?) be
o Legal impossibility o 2. Clearly excessive punishment
 There is intent and performance of a crime, o N.B. in these cases, the court must still render the
but the consequence could not result into a proper decision notwithstanding the report.
crime.  Remedy is executive clemency, in case of
 Even when completed, it would not amount excessive penalties.
to a crime.  The court can simply recommend, but not
 Ex. Stole a watch that turned out to be his. impose clemency, because it’s still the
 Ex. Offender saw a naked woman lying on Executive’s prerogative.
the beach. He inserted his penis into his  Article 5 does not apply to crimes defined by SPL,
vagina. It turned out she was dead. because of the use of the words “degree of malice,” etc.
Impossible crime, because you cannot rape  This brings to mind B.P. 22, in relation to A.C. 12-2000, as
a dead person. clarified by A.C. 13-2001:
 Is an impossible crime a crime? o S.C. noticed that people are using the courts as
o No. But it is still punished because the law collection agencies and are clogging up dockets
intends to punish criminal inclinations/tendencies. o So S.C. issued a circular dissuading people from
 What is the penalty for impossible crimes? filing B.P. 22, and for judges to just impose fines
o Under Art. 59 of the RPC, the imposable penalty for  A.O. 08-2008, issued 25 Jan. 2008
impossible crime is arresto mayor (correctional o Libel – imposable penalty is imprisonment or fine
penalty). o According to the S.C., preference is fine over
o What is the potentially inequitable situation imprisonment
arising from this penalty? Art. 6: Stages of consummation
 Supposing I saw a person on a bed, and I
 When is a crime consummated?
punched him. He sustained slight PI. But
o When all the acts necessary for its
he turned out to be dead, so it was an
accomplishment and execution are present.
impossible crime. o The accused has reached the objective stage of
 Under Art. 266(3) of the RPC the penalty is
the offense as he no longer has control of his acts,
arresto menor for slight PI. But for an
having performed all that is necessary to
impossible crime, the penalty is arresto
accomplish the purpose.
mayor. So if that person were alive, the
 In general, all the felonies in Book II are consummated
penalty would be less than if he were dead!
crimes. What is the exception?
Art. 5: Duty of courts to report o Attempted or frustrated robbery with homicide

10
 Why do we punish attempted stages?  Is he is still in the subjective phase and he
o Attempts are punished because there is just as desists from committing the crime, is he
much need to reform a person who has liable?
unsuccessfully attempted to commit a crime  NO. He is not liable.
 What are the elements of an attempted crime?  The reason for desisting need not
o 1. Commenced execution “directly, by overt acts” be legal or moral. It could be
 There must be an overt, external act and remorse or fear – as long as he
there is crime intended to be committed desists voluntarily.
 There is direct connection to crime  But if he desists during the
intended to be committed – must have an objective stage, there is no
immediate and necessary connection. exculpation
 Ex. Merely opening a hole in the  But may he be liable for any other felony
wall of a bank is not yet attempted already committed apart from that desisted
robbery because there is no overt from?
act evincing robbery yet. At most,  Yes.
it’s attempted trespass.  What are the elements of a frustrated crime?
 It can be the first of a series of acts that o 1. All the acts of execution needed to produce the
would produce the intended crime, as long felony are present
as the intended crime is established or  So in the same way, the objective stage has
known been reached
 Differs from preparatory acts, which are o 2. But it was not produced by reason of causes
just means or measures necessary to independent of the perpetrator’s will
produce the desired end.  When does frustrated homicide/murder exist?
 Ex. surveillance o It is not enough to wound the other person. The
 Ex. buying poison wound inflicted must be mortal. If it is not mortal,
 Ex. conspiracy and proposal, unless then it is a mere attempt.
the law punishes the o Even if the accused believed that he inflicted a
conspiracy/proposal per se mortal wound, but he did not, it is merely
o 2. But offender did not complete all acts of attempted, not frustrated. The nature of the
execution to produce the felony wound controls, not the belief of the person.
 Still at the “subjective phase” of the  What are crimes where no frustrated stages exist?
commission of crime – still has full control o 1. Rape
of acts, and has not completed the needed  As long as the penis enters the labia
acts yet majora, it is already consummated
o 3. Due to cause or accident other than
spontaneous desistance

11
  It is not the mere entry; the SC said that
the entry must be in relation with the intent
to have carnal knowledge of the woman
 If it is just in the mons pubis –just
attempted. (“Bombardment of
drawbridge, even if the troops do not
successfully enter the castle.” If no intent,
just acts of lasciviousness.)
o 2. Sexual assault
 By analogy
o 3. Robbery
 One is liable for consummated robbery if
one takes possession of the personal
property of the other, however brief it may
be.
o 4. Theft
 No more frustrated theft, under same ratio:
no need to have disposed of stolen property
o 5. Adultery
 Essence of the crime is sexual congress: so
same principle as in rape applies
o 6. Felonies by omission
 No attempted or frustrated stage
o 7. Falsification of public document
 There is no attempted or frustrated
falsification of public document unless the
falsification is so imperfect.
o 8. Arson
 The moment burning occurs, even for a
small portion only, the offense
consummated
 All overt acts prior to burning: attempted
stage
o 9. Corruption of public officials
 When the offer is accepted by the public
officer, then the offense is consummated
 When the offer is rejected, then it is just an
attempt
 What are formal crimes?
o Those that are always consummated because the
the offender cannot perform all the acts necessary to
consummate the offense without consummating it.
o Examples of formal crimes?
 1. Physical injuries
 Since their punishment is based on
result and gravity of injury
 2. Slander
 The moment the words are uttered
and heard by third persons, the
crime is consummated.
 Is there attempted or frustrated culpa?
o No.
 What if what was charged was the frustrated stage and
only the attempted crime was proved. Can an accused be
convicted?
o Yes, the frustrated stage necessarily includes the
attempted stage. Same with consummated crimes
and attempted/frustrated stages.
Art. 7: light felonies
 What are light felonies?
o Those infractions of law where the penalty is
arresto menor or fine not exceeding 200 pesos
 When are light felonies punishable?
o Only when they have been consummated
o Except those against persons or property
is
 Who are punishable for light felonies?
o Only principals and accomplices.
o Accessories are not liable because light felonies
are punishable with arresto menor and
accessories are penalized two degrees lower than
the principal, which is non-existent in this case.
12
 How do you categorize reckless imprudence resulting into o But it can be proved by indirect proof, such as
slight PI? inferences from acts of the accused before,
o The crime of reckless imprudence is a light felony, during, and after the commission of the crime.
under the last paragraph of Art. 9 of the RPC. o These acts must indubitably point to or indicate a
Punishable only by public censure. joint purpose, concerted action, and singular
interest.
Art. 8: conspiracy and proposal  What is required to be done in order to become a co-
conspirator?
 When is there conspiracy? o Intentional participation in the transaction with a
o When two or more persons come to an agreement
view to furthering the common design.
concerning the commission of a felony and they o Except when one is a mastermind, he must
decide to commit it. perform some overt art as a direct/indirect
 What is proposal?
contribution to the crime’s execution. The overt
o A person who has decided to commit a felony
act can be active participation, moral assistance
proposes its execution to some other person or
by being present at the scene of the crime, or
persons.
exerting moral ascendancy.
 Is conspiracy or proposal a felony?
o But merely being present is not sufficient to prove
o No. Conspiracy under article 8 is not a felony,
conspiracy; it must be shown that there is intent
because there is no penalty provided by law.
o Article 8 is thus a mode of incurring criminal to provide moral support, etc.
 What are the two types of conspiracy?
liability.
o 1. Express conspiracy
o Enumerate at least two felonies punished pursuant
 There is prior agreement
to Article 8 as a felony per se:
 A conspirator is liable as long as he
 Conspiracy to commit treason
appeared in the scene of the crime.
 Conspiracy to commit rebellion
 Except when he is the mastermind, where
o For the above acts, the mere conspiracy is
it doesn’t matter whether he appears or
punishable. But the moment they actually commit
not, since he is a principal by inducement
treason or rebellion, conspiracy loses its juridical
 Degree of actual participation is
personality and it becomes a mere mode to
immaterial: all conspirators adopt the acts
commit a crime.
of the others
 What is required to prove a conspiracy?
o 2. Implied conspiracy
o Same degree of proof to establish the crime, in
 Deduced from the acts of the offenders.
order to prevent finding someone guilty of a crime
The agreement to pursue a common design
except proof beyond reasonable doubt.
and the unity of purpose is instantaneous.
 It is essential that the conspirator
participated in the commission of the

13
 crime. Mere presence is not enough is a crime by itself (“sale, importation,
because mere presence does not prove distribution and conspiracy to do such”)
intent to join the commission of the crime,  Ex. Access device regulation, Sec. 11:
without prior agreement. conspiracy to commit access devise fraud
 Three kinds of special conspiracy: is a crime
o 1. Wheel conspiracy – there is one person (hub)  Ex. Anti-terrorism law: conspiracy to
and his underlings (stokes) commit terrorism is a crime punishable
 We have this. The others, not yet with 40 years of imprisonment
recognized. o If there is no provision in the SPL, Art. 8 can be
o 2. Chain conspiracy – using legitimate enterprise considered a mode to commit that crime.
to distribute narcotics  Two or more persons who conspire to
 Ex. drugs commit a crime of BP 22 liable under Art. 8
o 3. Enterprise conspiracy – Racketeer Influenced of the RPC (Andan v. P)
and Corrupt Organizations (RICO)  Recall the controversial Tigoy case re:
 What is the kind of conspiracy and connivance conspiracy to violate the Forestry Code
contemplated in Article 157 (Evasion of service of  Does Article 4, par. 1 apply to Article 8?
sentence)? o Yes. Each conspirator is responsible for everything
o This is the situation where a convict or a person done by his confederates, which follow incidentally
escapes in connivance with another person. in the execution of the common design, as one of
o The conspiracy or connivance in connection with its probable and natural consequences even
the crime committed here is an essential condition though not intended as part of the original design.
for the commission of said crime, in connection o Conspirators are held to have intended the
with Art. 223 of the RPC (Infidelity in the custody consequences of their act, by engaging in
of prisoners). The penalty is prision correccional conspiracy. So, liability extends to collateral acts
in maximum period instead of medium and incident to and growing out of the conspiracy.
maximum period. o X and Y agreed to rob the victim only. But he
 What are the characteristics of conspiracy? resisted and X killed the victim. What crime did X
o 1. Singularity of intent and Y commit?
o 2. Unity in the execution of the unlawful objective  HELD: All the conspirators, thus both X and
 Does Art. 8 apply to SPLs? Y, are guilty of robbery with homicide.
o Generally, no; it does not apply to crimes defined o What if one of the co-conspirators (ex. robbers)
in SPL. However, if the SPL provides that prevented the others from committing the extra
conspiracy to commit a crime under that law is a act of homicide or rape?
crime in itself, then it is.
 Ex. DDA, Sec. 26: conspiracy to commit any
of those crimes enumerated in that section

14
  HELD: He is only liable for robbery only, and
not homicide and rape. It does not matter
if he succeeds in preventing them of not.
o X, Y, and Z committed robbery. After they all
escaped, X a car and carnapped it after.
 HELD: Only he was liable for carnapping
because it’s not intended as part of the
plan and is not incidental to the common
design.
 Conspirators are necessarily liable for the
acts of another conspirator unless such act
differs radically and substantively from that
which they intended to commit.
 Until when does conspiracy last?
o Conspiracy continues until the object is attained.
Conspiracy is a continuing event, unless in the
meantime, they abandon the conspiracy or the
conspirators are arrested.
 X and Y agreed to commit robbery and decided to commit
it. X stabbed the victim and ran. Y did not run and he
was caught. Defense: he was not guilty of the crime,
because he desisted when he did not run. Is the defense
tenable?
o HELD: The mere failure or refusal to flee after the
commission of the crime does not amount to a
disavowal of the conspiracy. There must be an
overt act to disassociate oneself from
conspiracy.
 Relate conspiracy with aggravating circumstances of
evident premeditation and price:
o Evident premeditation only applies for express
conspiracies. It does not apply to implied
conspiracies, because these are spontaneous.
o Price applies to the co-conspirators acting as
offeror and acceptor.
 Does the laxity of a public officer in investigating or
prosecuting indicate that he is a co-conspirator?
o Not per se. It must be shown that he had
foreknowledge and participation in the plan in the
first place.
 What are the possible liabilities of a head of office when
his subordinates are able to conspire to commit a crime?
o 1. Conspiracy (if he is aware of the design and
agreed to it)
o 2. Culpa – in this case, he is not part of the
conspiracy because there can be no conspiracy by
culpa
o What is the Arias doctrine?
 The head of office can rely to a reasonable
extent on his subordinates and their good
faith. There has to be a special reason why
he should examine acts or papers in detail.
There is no negligence/culpa if he fails to
examine an error because of the sheer
amount of paperwork that passes through
his hands.
Art. 9: severity of felonies
 Classify felonies as to severity:
o 1. Grave felonies
 Capital punishment
 Afflictive penalties in any of its periods
the
(prision mayor to reclusion perpetua)
o 2. Less grave felonies
 Correctional penalties in their maximum
period (destierro, suspension, arresto
mayor, prision correccional)
o 3. Light felonies
 Arresto menor
 Fine not exceeding P200
15
  N.B. but in Article 26, a fine of P200 is
already a correctional penalty
 What is the relevance of knowing this classification?
o 1. Complex crimes require grave or less grave
felonies
o 2. To determine the duration of the subsidiary
penalty
o 3. To determine the duration of detention in case of
failure to post the bond to keep the peace
 N.B. but there is no crime that requires a
bond to keep the peace
o 4. Different prescriptive periods
o 5. To determine whether there is delay in the
delivery of the detained persons to the judicial
authority
o 6. Penalty for quasi-offenses (Art. 365)
Art. 10
 What is the relationship between RPC provisions and
SPLs?
o In general, RPC provisions do not apply.
o But the RPC is supplementary to the SPL, unless
provided otherwise.
 What if the penalty provided by an SPL follows RPC
nomenclature?
o The RPC applies suppletorily, ex. mitigating
circumstances.
 R.A. 9165, amended by 9344; Dangerous Drugs Act –
“provisions of RPC shall not apply to violations of DDA,
except in the case of minor offenders”
o Reclusion perpetua, not L.I.
o Penalty may be reduced by 1 or 2 degrees under
Art. 63
 What does the Anti-hazing law provide as re: praeter
intentionem?
16
o Sec. 4 provides that praeter intentionem does not
apply as a mitigating circumstance for violation of
Anti-Hazing law
o The law also enumerates who will be deemed
principals, etc.
 What does the anti-terrorism law provide as re: the
relationship of its penal provisions and RPC provisions?
o Conviction of a person under said law constitutes
a bar to the prosecution of that person under the
RPC or another SPL for the predicate crime
 What does R.A. 7610 – Child abuse law, Sec. 10 provide?
o Where the victim of murder, homicide, intentional
mutiliation, or SPI is under 12 years old, the
penalty shall be reclusion perpetua
 VAWC: If the offender commits act of physical violence
and there is intent to kill, what is the punishment?
o Crime is NOT violation of physical violence
provision under VAWC but attempted, frustrated, or
consummated parricide, homicide, or intentional
mutilation
CIRCUMSTANCES AFFECTING LIABILITY
Art. 11: justifying circumstances
 Are complete self-defense and other provisions under Art.
11 (justifying circumstances) absolutory causes?
o Yes, because the accused is not deemed to have
committed a crime. An absolutory cause means
that the accused does not incur criminal liability.
 Is Article 12 an absolutory cause as well?
o No. There is technically a crime, although the
person is exempt from liability. The basis here is
that the person is not acting with complete
intelligence. There is no mens rea.
 What are other absolutory causes?
 o 1. The offender was instigated  If the accused in arraignment pleads self-defense, is he
 Differentiate instigation from entrapment: making a judicial confession?
 In entrapment, the idea of the crime o It is NOT a judicial confession, but just a judicial
comes from the lawbreaker. Thus, admission. He does not admit penal liability. He is
this is not absolutory. The peace merely admitted that he killed the victim.
officer is without criminal liability.  If the accused admitted killing the victim and pleads self-
o Ex. buy-bust operations defense, is the burden of proof shifted to accused?
 In instigation, the idea of the crime o No. The burden of proof never shifts; only the
is induced in the mind of the burden of evidence shifts. (Although Boado seems
lawbreaker. It is absolutory due to to have mixed up these terms because she says
public policy. The peace officer is a that the burden of proof shifts.)
principal by inducement.  What are the requisites of self-defense?
o 2. Spontaneous desistance in the attempted stage o 1. Unlawful aggression
o 3. Attempted or frustrated light felonies, except o 2. Reasonable means necessary to repel it
against persons and property o 3. Lack of sufficient provocation by the defender
o 4. Accessories in light felonies  What is ABSOLUTELY necessary out of these?
o 5. Accessory relatives who help relatives escape o Unlawful aggression. Without it, even if the two
(Art. 20) others are present, there can be no complete or
o 6. Art. 247 – death under exceptional incomplete self-defense.
circumstances  If it is unlawful aggression alone, then it is
o 7. Certain relatives in estafa, theft, malicious an ordinary mitigating circumstance.
mischief  If it is unlawful aggression plus one other,
o 8. Somnambulism then it is a privileged mitigating
o 9. Mistake of fact (Achong) circumstance.
o 10. Repeal of penal law, whether absolute or o What is the nature of needed unlawful aggression?
modification  It must continue up until the act of self-
 What is the nature of self-defense? defense, because once it ceases, the
o Self-defense is an act to save life; thus, it is an act, offender can no longer invoke self-defense.
not a crime.  If there is no more unlawful aggression, the
o There is no such thing as accidental self-defense “self-defense” is just mere retaliation and
because it contemplates intent by the defending thus invalid.
party.  What if the other two are missing?
 What does self-defense include? o There is incomplete self-defense and thus it is just
o Defense of body and limb a mitigating circumstance, not justifying.
o Rights as person, including honor  How is unlawful aggression defined?
o Property and liberty

17
 o Actual peril to one’s life, or merely a threat, but o Not anymore “retreat to the wall”; now, it is: “Stand
real and imminent. your ground when in the right.”
 Is slapping unlawful aggression?  If two people agree to fight, is there valid claim of self-
o Yes. It is unlawful aggression against his honor. defense?
The face of a person is akin to his dignity, honor, o No, because there is an agreement. There is no
etc. unlawful aggression.
 What is the effect of presence of multiple wounds on the o What is the exception?
victim in a claim of self-defense?  When they agreed to fight, but one
o The nature of wounds belies a claim of self- attacked ahead of the agreed time.
defense because it shows a determined effort to  What is the extent of defense of property rights?
kill the victim, and not mere self-defense. o May use such force as reasonably necessary to
 Compare P v. Jaurige and P v. De la Cruz as re: reasonable prevent or repel the unlawful physical invasion of
means: his property. This does not seem to involve the
o BOTH cases involved defense of honor. taking of human life.
o Jaurige: mere touching of thigh, in church, in o Dissent of P v. Narvaez: in order to defend against
daylight. She killed him with fan knife. No self- the person, there must be aggression not just
defense appreciated. The means used were not against property rights but also against the person
reasonable. of the owner.
o De la Cruz: groped in dark alley. Killed with knife. o Correlate this with Art. 429 of the Civil code, or the
Allowed to exercise self-defense. doctrine of self-help.
o THUS, whether means are necessary is case-to-  When is there sufficient provocation?
case. o Provocation is sufficient if it is sufficient to incite
o What do you consider? the person to attack.
 1. Whether the aggressor was armed  Is Art. 247 an absolutory cause?
 2. The nature and quality of weapon used o Yes. Because the only imposed “penalty” is
 3. Physical conditions and sizes of the destierro. And that this is more of protection for
parties involved the one who killed.
 What is the “rational equivalence” rule in reasonable o NOTE: differentiate Art. 247 from cases where
necessity? Self-defense under Art. 11 applies, even if the
o The law does not demand material situation is the same (catching spouse in sexual
commensurability between the means of attack congress)
and defense. So this doctrine considers the nature  Ex. Husband caught wife in sexual
of imminent danger, and instinctual actions. Note congress. The wife, caught, wanted to kill
that a person in peril will not act as rationally as him, so he took the knife and killed his
normally expected. wife.
 What is the rule when a person is attacked?

18
 The accused arrived and saw his wife in the act of sexual
intercourse. The paramour ran and the wife dressed up.
Gonzales went out. When he got back, he heard rustling
leaves. He saw the paramour and the wife, who was
putting on her panties. He stabbed his wife. Can the
husband invoke 247? (P v. Gonzales)
o HELD: You cannot invoke 247 because at that time,
she was already putting on her panties, not in
actual sexual intercourse. (P v. Gonzales)
o DISSENT: follow this – You are unfairly punishing
him if we strictly apply the law. But what can you
deduce from the fact that she was wearing her
panties from a naked state. It is asking too much
to actually catch them in the act of actual sexual
congress.
 Can one invoke Article 11 in Article 247 cases?
o Suggestion: Husband also has right to invoke his
honor and defend it, so Art. 11 can be invoked by
the one discovering the sexual congress. He can
also invoke 247, obviously.
o Prefer 11 over 247, because the latter results in
destierro. It is not a penalty, but a limitation of his
liberty.
 Can you invoke Art. 247 if there is mistake of fact?
o Yes. Apply the Achong doctrine by analogy.
o Example: The husband saw movement of buttocks,
but the paramour’s penis hasn’t entered
spouse’s vagina yet.
 Are the RPC provisions applicable to VAWC?
o Yes. Recall Art. 10: how RPC provisions apply
suppletorily, unless provided otherwise.
o Under RA 9262 (VAWC), Art 47: “RPC provisions
supplement the VAWC law.”
o The VAWC law even uses RPC terms for penalties:
 SPI: P.M.; LSPI: P.C., Slight PI: A.M.
 What are the circumstances in P v. Genosa?
o The SC recognized the Battered Woman Syndrome.
But there was no RA 9262 then yet so it’s still not
an absolutory cause.
o The SC did not appreciate ordinary self-defense
because the threat to the woman’s life has already
ceased. There was no more unlawful aggression.
o But the SC appreciated the following mitigating
circumstances:
 1. Passion and obfuscation
 2. Diminished will power
 What is the Battered Woman Defense under RA 9262?
o The Battered Woman Syndrome (BWS) is a
justifying circumstance, notwithstanding absence
of any requisites of self-defense.
o The woman incurs neither criminal nor civil
liability.
o The defense is separate from and independent
from self-defense.
 Who is a battered woman?
o One repeatedly subjected to forceful physical or
psychological behavior by a man with whom she
has an intimate relationship with in order to
coerce her to do something he wants.
o The cycle has to happen at least twice: 1. Tension-
building phase, 2. Acute battering incident, 3.
Tranquil, loving phase.
 What are the characteristics of the BWS?
his
o 1. The woman believes the violence was her fault
o 2. inability to place responsibility for the violence
elsewhere
o 3. She fears for her and her children’s lives
o 4. Irrational belief that offender is omnipresent
and omniscient
 What are the requisites of defense of relative?
o 1. Unlawful aggression
19
 o 2. Reasonable necessity of the means employed to o Those who were benefited by the act performed
prevent or repel it are liable to those to whom injury is caused. Note
o 3. In case of provocation given by the person that this is a purely civil liability and does not
attacked, the defender must have had no part arise from criminal liability.
therein  What are the requisites of lawful exercise of right or duty
o Who are the relatives under this provision? (Article 11, par. 5)?
 Spouse, ascendants, descendants, o 1. Act out of duty or office
legitimate, natural, and adopted siblings, or o 2. Injury caused is the consequence of the
relatives by affinity within the same performance of that duty or right
degrees  What is the limitation on the performance of duties?
 Relatives by consanguinity until the fourth o It must be exercised neither capriciously nor
degree oppressively, and within reasonable limits. There
 Anyone beyond this enumeration: defense must act with sound discretion.
of stranger o X was a deranged man who was already
 What are the requisites of defense of strangers? incapacitated by the police from doing further
o 1. Unlawful aggression harm. Y, one of the policemen, seeing X lying on
o 2. Reasonable necessity of the means employed to the ground, shot him further on the forehead. Can
prevent or repel it Y invoke performance of duty?
o 3. Person defending is not motivated by revenge,  No. The act performed was unreasonable
resentment, or other evil motives and excessive.
 What are the requisites of state of necessity as a  Can a policeman invoke SD and performance of duty at
justifying circumstance (Art. 11, par. 4)? the same time?
o 1. The evil sought to be avoided actually exists o Yes.
o 2. The injury feared is greater than that done to o An example is when a policeman saw one person
avoid it about to shoot another. The policeman gave a
o 3. There is no other practical and less harmful
warning and the offender pointed the gun at the
means to prevent it
policeman. The policeman shot the offender. He
o What if the party invoking state of necessity is
was both defending himself and performing his
responsible for the peril?
duty in preventing the other person from being
 Cannot invoke this defense.
o What is the injury contemplated under requisite shot.
 What are the requisites of obedience to superior order?
number 2?
o 1. An order has been issued by a superior.
 This is a broad concept. It can be against
o 2. The order is for a legal purpose
property, liberty, etc.
o 3. The means used to carry out the order were
 What is the rule on civil liability for acts in the state of
lawful
necessity?
o What if the order is illegal?

20
  Cannot follow the order unless it is o Refer to Art. 79, which provides that one who
apparently legal and the subordinate did becomes insane or imbecile after final sentence
not know it was actually illegal. will have the sentence suspended as to the
Art. 12: exempting circumstances personal penalty. He will only be sentenced when
reason is regained.
 What are the exempting circumstances?  What if there is no complete impairment or loss of
o 1. Imbecility or insanity
intelligence, and just a partial one?
o 2. Minority
o It is just a mitigating circumstance: illness that
o 3. Accident
would diminish exercise of will-power without
o 4. Compulsion of irresistible force
o 5. Impulse of uncontrollable fear depriving consciousness of his acts
o 6. Insuperable or lawful cause o A common example is schizophrenia: there is no
 What are the characteristics of exempting complete deprivation of intelligence, but there is
circumstances? difficulty distinguishing fantasy from reality
o The act is criminal, but the criminal is exempt  How is mental condition of an accused determined in
from criminal Liability trial?
o But there is civil liability o The judge must order the examination of the
o The emphasis is the actor, not the act accused by a medical expert. The judge cannot do
 What is insanity? it alone, because he is not an expert on this
o There is a complete deprivation of intelligence in matter.
committing the act, and so there is complete  Under RA 9344, how are minors classified?
absence of ability to discern. o Children at risk are those vulnerable to and at the
o Not mere abnormality of mental faculties or mere risk of committing criminal offenses due to
frenzy due to anger. personal, familial, and social circumstances.
 When should insanity exist? o Children in conflict with the law are those accused
o In the period immediately before or at the precise of or adjudged as having committed criminal
moment of doing the act. offenses.
o His mental condition after doing the act is  What are the benevolent features of RA 9344?
inconsequential. o Age 15 and below = age of absolute irresponsibility
o Note that there is a presumption of sanity and it  Exempt from criminal liability
must be disproved beyond reasonable doubt.  Subject to intervention program
 What does it indicate when the actor surrendered to the o Age over 15 and under 18 = criminally liable only
police after committing the crime? where there is discernment
o There is discernment because remorse is  No liability if there is lack of discernment.
inconsistent with insanity Also subject to intervention program.
 What if the insanity occurs after the commission of the  Liable if there is discernment. However, he
crime? will under a diversion program.

21
 o Is the minor over 15 but below 18 acting with can resort to alternative measures such as close
discernment still entitled to the privileged supervision, intensive care, or placement with a
mitigating circumstance under Article 68(2)? family/educational setting.
 Yes. RA 9344 did not change this.  What is the rule on automatic suspension of sentence?
 What are the diversion programs for those over 15 but o Children below 18 at the time of commission of the
below 18 acting with discernment? crime found guilty of the offense are placed under
o Note: these are without going through court suspended sentence without need of application.
proceedings The court then determines and imposes the
o 1. When the penalty of the crime is not over 6 appropriate disposition measures afterwards.
years: o What if the then-child is over 18 years old upon the
 Crimes with victims: pronouncement of guilt?
 Diversion program before law  It doesn’t matter; there is still suspended
enforcement officer or punong sentence.
barangay o What if the child reaches 18 while under
 Involves mediation, family suspended sentence?
conferencing, conciliation with child  The court determines whether to:
and parents/guardians  1. Discharge the child
 Crimes without victims:  2. Order execution of sentence
 Diversion program before the local  3. Extend suspended sentence for a certain
DSWD officer, with child and period, or until he reaches the maximum
parents/guardians age of 21
o 2. When the penalty of the crime exceeds 6 years: o What if the child undergoes period of actual
 Diversion is before courts detention or commitment?
 In case the penalty is not more than 12  It will be credited in full.
years or just a fine, the court can  What is the provision on probation?
determine whether diversion is appropriate o Upon application at any time, the court can place
or not the child on probation in lieu of service of
o 3. If the offense does not fall under any of the sentence. (This amended the Probation Law)
above or the child or parents/guardian does not  What is a status offense and how is it treated under the
consent to diversion, the one handling the case law?
forwards the records to the prosecutor or court o Any conduct which is not an offense when
within 3 days – and then the case is filed committed by an adult will not be considered an
according to regular process offense and is thus not punished if committed by a
 Can a child be detained pending trial? child.
o Yes, but only as a last resort and only for the o Ex. curfew laws
shortest possible period of time. The authorities  Did Ra 9344 retroact?

22
 o Yes, it retroacted to pending cases and those sentence, and not the age during
minors already convicted. promulgation of the judgment.
 Under 9344, the minor is still exempt from specific  After suspension of sentence, what is the disposition
offenses even if he or she acted with discernment. What order?
are these? o After sentence, the court sets disposition
o 1. Vagrancy conference within 15 days from promulgation
o 2. Prostitution  Minor, parents/guardian, and social worker
o 3. Mendicancy are present
o 4. Sniffing rugby o Can issue:
o What happens?  1. Care, guidance, and supervision orders
 These persons would undergo appropriate  2. Drug and alcohol rehab
counseling and treatment program.  3. Participation in group counseling and the
 When is a child in conflict with the law subject to like
preliminary investigation and filing of information?  4. Commitment to youth rehab center of
o 1. Child does not qualify for diversion DSWD/other centers
o 2. Child or parents/guardians do not agree to  When there is doubt if the person is a minor or not, what
diversion is the appropriate proceeding?
o 3. Prosecutor determines that diversion is not o There is presumption of minority.
appropriate for the child, considering o File for summary proceeding in Family Court.
assessment/recommendation of the social worker  What if the minor was alleged as a co-conspirator?
 Who are the minors disqualified from suspension of o The presumption of acting without discernment
sentence? still applies.
o 1. One who once enjoyed suspension of sentence o Evidence of conspiracy does not automatically
already mean the minor acted with discernment in the
o 2. Convicted for offense punishable by death or life commission of the crime.
imprisonment  May the presumption still apply even if the allegation was
 Note: “punishable” need not be “actually reckless imprudence under Art. 365?
punished” especially since the death o Yes. (Jarco Marketing case)
 What is the definition of discernment?
penalty has been abolished
o When the minor is able to distinguish whether his
o What was the ground under PD 603 that was
act is moral or licit or not..
repealed by RA 9344?
o The utterances of a minor and overt acts
 When the child is already 18 upon
promulgation of sentence. This is impliedly preceding crime, and nature of weapon is evidence

repealed by the provision stating that under of discernment.

 S.C. AM 02-1-18:
RA9344, the age of commission of the
crime is the determination of suspension of

23
 o If the minor committed a crime and the time the  What are the elements of uncontrollable fear?
law took effect, he was already 21, can he enjoy o 1. Threat which caused the fear of an evil greater
the benefit of suspension of sentence than or equal to the act accused was required to
 If a minor is charged with a heinous crime punishable by commit
death or RP-death, is he entitled to suspension of o 2. The evil promised was of such gravity and
conviction? imminence that an ordinary man would succumb
o Yes. Ubi lex non distinguit, nec non distinguire to it
debemos. o Ex. X is a hostage who decapitated his fellow
 What are the requisites of accident? hostage Y because their captors threatened to kill
o 1. performing lawful act with due care X.
o 2. causes injury to another  What is an insuperable cause?
o 3. without intent or negligence o It applies to felonies by omission – where the
 What if there is negligence? failure to do so is due to a lawful or insuperable
o Article 365 applies: quasi-crime of reckless
cause.
imprudence o A common example is failure to comply with art.
o Accident and negligence are mutually exclusive.
125 of the number of hours when a person arrested
o What is the difference between accident and
must be delivered to judicial authorities, when
negligence?
there is a long holiday or the judicial offices are
 Accident – without fault of the human
not open, or there is a calamity/accident that met
being. Cannot be anticipated.
 Negligence – when there is some degree of them.
fault in the person Art. 13: mitigating circumstances
o NOTE: Under Art. 365, the court will not consider
 What are the mitigating circumstances?
Art. 13 and 14 in imposing the penalty because this o 1. Incomplete justifying and exempting
crime is NOT intentional. circumstances
 What are the elements of irresistible force? o 2. Under 18 or over 70
o 1. Force is physical and must come from an
 Correlate with RA 9344
outside source o 3. Praeter intentionem
o 2. The accused acts not only without a will but o 4. Sufficient provocation or threat by the offended
even against his will, reduced to a mere party preceded the act
instrument o 5. Proximate vindication of grave offense
o 3. The duress, force, fear, or intimidation present is o 6. Passion or obfuscation
imminent and impending, as to induce well- o 7. Voluntary surrender or voluntary confession
grounded fear of death or serious bodily injury prior to prosecution’s presentation of evidence
 Thus, the fear must not be speculative, o 8. Physical defect restricts means of action,
fanciful, or imagined defense, communication

24
 o 9. Illness diminishes will-power without complete  Ex. concealment of dishonor in case of abortion
deprivation of consciousness by pregnant woman
o 10. Analogous circumstances
 No similar provision for aggravating Ordinary Privileged Specific
circumstances Lower to minimum Lower by one or To specific felonies
 If the criminal is 80 years, is there a mitigating period more degree only
circumstance? If 2 or more, lower
o P v. Austria 27 June 2000 – the accused was by one or more
charged with rape. He was already 83 years old. degree
His defense was erectile dysfunction. He was Can be offset by Cannot be offset
convicted, but the SC applied the old age as a ACs by ACs
mitigating circumstance. So far, this is the only
Cannot be imposed Can be imposed on
case where this case was applied. on indivisible indivisible
 Must mitigating circumstances be alleged in the penalties penalties
information?
o No.
 How are mitigating circumstances classified?  In incomplete justifying and exempting circumstances,
o 1. Ordinary – enumerated in Art. 13 and some SPLs what are the requisites that must always be present?
 If there is one, penalty lowered to minimum o 1. For self-defense, unlawful aggression
period o 2. For accident, due care and lack of fault
 If there are two or more ordinary mitigating  When is incomplete justifying or exempting circumstance
circumstances, the penalty is lowered by an ordinary mitigating circumstance? When is it a
one degree privileged mitigating circumstance?
 Can be offset by generic aggravating o Ordinary if there is only one element or there is no
circumstances majority of required elements
 Not considered when the penalty is a single o Privileged if there is majority, but not all, of
indivisible penalty (i.e. only RP now) required elements
o 2. Privileged  What is the nature of minority as a mitigating
 Lowers imposable penalty by one or more circumstance?
degrees o It is always a privileged mitigating circumstance
 Cannot be offset by any aggravating o It applies to those over 15 but below 18 who acted
circumstance with discernment  reduce the penalty to the next
 Even if the penalty is single and indivisible, lower penalty, in the proper period
it is imposed  When can praeter intentionem not be invoked?
o 3. Specific – applies to specific felonies

25
 o RA 8049 – lack of intent to commit so grave a
wrong as committed CANNOT be invoked by
accused in hazing incidents.
 Can lack of intent to commit so grave a wrong as that
committed be invoked in malversation?
o YES. Ex. The petitioner was a municipal treasurer,
and the audit team discovered he was short
P72000 of funds. After a few months, he returned
the money he “borrowed.”
o Note: the SC also applied a mitigating
circumstance analogous to voluntary surrender in
this case.
 What other rule must be taken into account vis-à-vis
praeter intentionem?
o Art. 4(1) – presumption that person intends all the
natural and logical consequences of his felony.
o How to resolve: the means employed and the result
must be so disparate that the result is not the
logical and natural consequence of the means
o Ex. X used a lead pipe to hit victim on the eyebrow,
and the victim died. SC refused to apply the
mitigating circumstance of lack of intent
commit so grave a wrong as that committed.
o P v. Pugay: (gasoline burning case) SC also applied
Art. 13(3), because the intent was less than the
material act committed.
 What if two persons conspire to commit a felony, and one
intended to commit the grave wrong as that committed,
while the other did not?
o The conspirator who did not intend to commit so
grave a wrong as that committed cannot invoke
the mitigating circumstance.
o BUT if both of them did not intend to commit so
grave a wrong as that committed, then both can
invoke the mitigating circumstance.
 Can both treachery and Art 13(3) be invoked together?
o Yes. Treachery refers to the manner or method
used to kill the victim, while praeter intentionem
refers to the state of mind of the person. They
may co-exist.
 Can praeter intentionem be invoked for culpable felonies?
o No. Obviously “intentionem” requires intent in the
first place, just that the intent did not match the
result.
 What are the elements of sufficient provocation?
o 1. Sufficient
 Merely shouting at the accused and asking
the latter to leave is NOT proportionate to
the latter killing the former.
 Need not constitute unlawful aggression
under Art. 11; the threshold here is lower.
 Need not be put in words; can be in action.
 Ex. entering another’s property and
then starting to gather the latter’s
crops.
o 2. Immediately preceding the commission of the
crime
to
 This actually means “immediate,” not like
grave vindication which just requires
proximity
o 3. Originate from the offended party
 If provocation and passion/obfuscation are based on the
same facts, is the accused entitled to two separate
mitigating circumstances or only one?
o Only one. The accused is only entitled to only one
mitigating circumstance, because both are based
on the same facts.
o Same rule between vindication of grave offense
and sufficient provocation.
 What is “immediate” in “immediate vindication of grave
offense”?
26
 o Proximity. It need not immediately precede the
act, but there must be no lapse of sufficient time.
o How sufficient is sufficient time?
 If there was only a gap of 30 minutes, still
okay.
 P v. Palabrica: 1 day lapse is not okay.
 P v. Ignas: only said “hours” – still okay.
 What is “grave offense”?
o “Grave offense” in this provision is different from
grave offense under Art. 9. Grave offense under
this provision might not even be a felony at all. It
usually is an assault to honor.
o When is an offense grave?
 1. Determine social standing of parties
 2. Determine place and time and occasion
when offense committed
o Grave offense even includes an insult
 “You are living at the expense of your wife!”
– appreciated as grave offense
o In a case, hitting someone with a bamboo stick is
not a grave offense.
 X’s son eloped with Y’s daughter. At that time, it was
really deemed a dishonor. Y looked for his daughter for
three days. Y sought revenge against X’s son and killed
him. Is this vindication of grave offense? (P v. Diokno)
o The SC said that it was. Even if three days lapsed,
the act of elopement was deemed continuous, and
the effect was still there.
o NOTE: This case may be a product of its time.
Now, this situation is pretty ordinary already. So
this case may be archaic already.
 What is necessary for passion or obfuscation to be
considered?
o It must arise from lawful sentiments of the
accused. The offended party must have done an
27
act unlawful and sufficient to excite passion or
obfuscation
o It must not come from lawlessness or revenge, or
an illegitimate relationship
 Bello: EXCEPTION. He lived with common
law wife for 10 years. Bello supported her
for 10 years. After, the common law wife
wanted out, and wanted to live with
another man. Bello killed her. “Eh wala ka
namang ibubuga talaga eh.” SC HELD:
Passion and obfuscation. Although the
relationship was illegitimate, nevertheless,
the victim was ungrateful.
 How much lapse of time is allowed for passion and
obfuscation to be appreciated?
o P v. Ventura: Although passion and obfuscation
may arise from jealousy, since there was a lapse
of 1 week, accused was expected to recover his
equanimity.
 Can vindication of grave offense co-exist with passion or
obfuscation?
o No. If they arise from the same facts, only one will
be appreciated.
 Can treachery co-exist with passion or obfuscation?
o No. Treachery CANNOT co-exist with passion and
obfuscation. When a person acts with passion or
obfuscation, he loses his reason and self-control,
which is inconsistent with treachery, because one
who acts with treachery presupposes that he
adopted a mode of attack of killing the victim.
o Contra: treachery can co-exist with praeter
intentionem
 What are the elements of voluntary surrender?
o 1. Offender surrendered to a person in authority or
his agent
 o 2. Offender surrendered before arrest is effected
o 3. Surrender is voluntary, i.e., spontaneous and
coming from intent to acknowledge guilt and save
time/resources of authorities
o 4. No pending warrant of arrest or information filed
 What is the most important element of voluntary
surrender?
o The spontaneity of such and intent to give up and
unconditionally surrender to authorities.
 How has this provision been applied by analogy by the
SC?
o Navalos v. P: Before being charged of malersation,
the accused returned the amount, he was deemed
to have “voluntarily surrendered” – analogous. The
return of the money must be spontaneous.
 What are the requisites of voluntary plea of guilt?
o 1. Made in open court
o 2. Spontaneous and unconditional
o 3. Prior to presentation of evidence by the
prosecution
 Does this include extra-judicial confessions?
o No.
 May voluntary plea of guilt and voluntary surrender both
be considered in one case?
o Yes. They are two separate and distinct
circumstances not arising from the same facts.
The offended party is entitled to two mitigating
circumstances.
 What is the character of the plea of guilty?
o It must be unconditional and the accused must
admit to the offense charged.
 What is relevant for the mitigating circumstance of
physical defects and illness?
o The defect or illness must relate to the offense
charged, because the defect must have restricted
28
his means of action, defense, or communication
with his fellow human beings.
o Ex. rape committed by a deaf and dumb man on
the girl of his dreams to whom he cannot convey
his feelings to
o But not when it was committed by a man with a
severed left hand, because it does not limit his
means of action, defense, or communication
 What is necessary for illness that diminishes willpower of
the accused?
o It must only diminish and not deprive the offender
of the consciousness of his acts; otherwise, it is
an exempting circumstance
 What are NOT examples of analogous mitigating
circumstances?
o 1. Being part of a minority group
o 2. Extreme poverty
o 3. Abberatio ictus
o 4. Mistake in identitiy
 What are some examples of analogous mitigating
circumstances?
o 1. Mitigated mental capacity of a battered woman
(decided pre-RA 9262)
o 2. Voluntary return of stolen goods
Art. 14: aggravating circumstances
 What are the aggravating circumstances?
o 1. Advantage of public position
o 2. In contempt of or with insult to public
authorities
o 3. With insult or disregard of rank, age, or sex, or
in the dwelling of the offended party, if the latter
did not provoke
o 4. Abuse of confidence or obvious ungratefulness
o 5. Committed in the palace of the Chief Executive,
or in his presence, or where public authorities are
 discharging their duties, or in a place of religious  Can be offset by ordinary mitigating
worship circumstances
o 6. Nighttime, or in an uninhabited place, or by a  Increases penalty to maximum period
band  Are additional rapes or killing in the case of
o 7. Committed during a conflagration, shipwreck, robbery with rape or robbery with
earthquake, epidemic, or calamity homicide, for instances, aggravating?
o 8. With aid of armed men or persons who  No, it’s not enumerated under law
insure/afford impunity as such. It’s an anomalous
o 9. Recidivism situation, but doubt is resolved in
o 10. Reiteracion favor of the accused.
o 11. Price, reward, or promise  P v. Hipol: The malversed amount was so
o 12. By means of inundation, fire, poison, explosion, huge, that the Sol. Gen said that the crime
stranding of a vessel, derailment of locomotive, was already economic sabotage and must
use of any artifice involving waste and ruin be considered an aggravating
o 13. Evident premeditation
circumstance. SC: There is no such
o 14. Craft, fraud, or disguise
aggravating circumstance as economic
o 15. Superior strength or means employed to
sabotage. No matter how huge the amount
weaken the defense
o 16. Treachery is, it is not aggravating
o 2. Qualifying circumstances
o 17. Ignominy
 Cannot be offset by any mitigating
o 18. Committed after unlawful entry
o 19. Committed after breaking through a wall, roof, circumstance
 Changes nature of crime
floor, door, or window
 Must be alleged in the Information as such
o 20. With aid of persons under 15 years old, or
new offense
motor vehicles
 No need to increase the penalty because
o 21. Cruelty
 Compare with mitigating circumstances: the change in the crime itself has changed
o This list is exclusive, whereas in mitigating the penalty as well to a higher one
circumstances, there are analogous  Can qualifying circumstances not alleged in
the information but proved in trial be
circumstances allowed
o Aggravating circumstances must be alleged in the appreciated as generic aggravating
information, mitigating circumstances need not circumstances?
 No, due to the amendment in
(since they’re matters of defense)
 What are the types of aggravating circumstances? Criminal Procedure
o 1. Generic aggravating  X was charged with homicide with the
 Apply generally to all crimes generic aggravating circumstance of

29
 treachery. Can the trial court find him
liable for murder?
 No, treachery was alleged as a
general aggravating and not
qualifying circumstance.
 How many circumstances are needed to
qualify an offense?
 Just one. The rest become generic
aggravating circumstances.
o 3. Special or specific aggravating circumstances
 Apply to specific felonies; found outside
Art. 14
o 4. Inherent circumstances
 Those already integral to the crime and
thus cannot aggravate the penalty
 Ex. In the crime of falsification
document by public authority, then “abuse
of public position” is deemed inherent.
Same with malversation and other crimes
by public officers.
 What is the special aggravating circumstance introduced
by RA 7659?
o Committed by an organized/syndicated group –
impose maximum penalty if the offense was
committed by any person belonging to
organized or syndicated crime group (2 or more
persons collaborating or mutually helping one
another for purposes of gain in the commission of
the crime)
 What are the special aggravating circumstances
introduced by RA 8353, Article 266-B?
o See crimes against persons: ex. victim is under 18
and rapist is relative, gave victim AIDS, committed
by AFP/PNP, etc.
Art. 14(1) – advantage of public position
 When is this present?
o When the public official uses the influence,
prestige, and ascendancy of his office to realize
a the purpose.
o Tests under case law:
 1. Offense is in relation to his office
 2. He cannot commit the offense without
holding such public office
o Ex. jail guard who was able to use his position to
kill an inmate
 When does advantage of public position not apply?
o Does not apply if the public position is a
constituent element of the crime;
o Examples:
 Crimes committed by public officers
of  Inherent in the crime of falsification by a
public officer of a public document
 If the public officer could have committed the crime
anyway without the use of public position, it is not
aggravating.
o P v. Tabeon: If the accused given a gun by the
government by virtue of his position uses that gun
to commit homicide, the use of that gun is an
aggravating circumstance. He could not have
an used that gun unless he was a public officer.
o But see P v. Villamor: Where Villamor used a gun
officially issued to him by virtue of office – use of
that gun was not an abuse of public position. This
is contrary to Tabeon.
o N.B. The later decision is Villamor, but Justice
Callejo agrees with Tabeon. Follow Villamor,
though,
 Two policemen were in the police car. They stopped and
ordered a girl to enter the car. One policeman stole the
watch and wallet of the girl. The policeman driving did not
say anything. Both were held liable for robbery. Did the
30
 aggravating circumstance of taking advantage of public
position apply even to the driver of the car?
o Yes. He could have prevented the other policeman
from robbing the siblings. But he did not.
was abuse of public position.
 Is this a generic or special aggravating circumstance?
o The use of one’s public position in the commission
of a crime is a special aggravating circumstance.
(RA 7659, Sec. 23)
o Thus, it cannot be offset by generic mitigating
circumstances.
Art 14(2) – with contempt of or in insult of public authority
 What are the requisites of contempt/insult of public
authority?
o 1. crime committed
o 2. person in authority engaged in exercise of public
position
o 3. offender knew he was a person in authority
o 4. victim is NOT a person in authority
 A barangay captain was playing cards with some people.
The accused shot him. Does this provision apply?
o No. First, the person in authority must NOT be the
victim per se, and second, he was not performing
his duty at that time. He was playing cards.
o What if the crime was committed against the
person in authority?
 Then it is direct assault. This aggravating
circumstance does not apply.
 What if the crime was only committed in the presence of
an agent of a person in authority?
o This provision does not apply.
o Ex. If in the presence of a policeman,
aggravating because the policeman is only an
agent of a person in authority.
 Supposing a crime is committed in the presence of a
professor while the latter was performing his duty?
o This is not aggravated. A teacher or professor is
This only a person in authority under Art. 148 and 152 of
the RPC (direct assault).
 Is there an exception?
o RA 9165 – a teacher or professor is a person in
authority for the purpose of enforcement of the
DDA.
o If you smoke marijuana in the presence of a
professor, the professor is a person in authority.
 In the national penitentiary, sometimes the inmates feel
bored and they kill each other. Is this aggravating?
o Yes. Where the inmates killed another in the
National Penitentiary, this was in contempt of
public authority.
Art. 14(3a) – insult to age, rank, sex
 What is required for this aggravating circumstance to
apply?
o There must be deliberate intent to insult or show
manifest disregard for the age, rank, sex. Not
merely because the victim is a female or has a
rank, this A.C. applies.
 Can this coincide with passion and obfuscation?
o No, because the offender must have deliberately
intended to offend or insult the offended.
 The accused was conversing with the barangay captain
and the former killed the latter. May the A.C. of “rank”
apply?
o No. The mere fact that victim was a person with a
rank, such as barangay captain does not
not
necessarily mean it’s aggravating, absent
evidence that the killing was deliberately intended
to disregard or insult or threaten to insult the rank
of the victim.
31
 What are further considerations for circumstance of rank?
o The charge must not include rank as an element.
If the accused was charged with complex crime of
direct assault of PIA with murder – then the AC
cannot be appreciated because it is inherent.
o If the charge was just murder, then the AC applies.
 When is the A.C. of “sex” not applicable?
o 1. If the accused acted with passion or
obfuscation,
o 2. when there is an amorous relationship between
the accused and the victim,
o 3. When there is a relationship of employer-
employee,
o 4. When the sex of the victim is inherent in the
crime,
 A 20-year-old man raped an 80-year-old woman. The
victim was the teacher of the accused in grade 1. Key
fact: victim was already retired! Does insult to rank
apply?
o Yes. The Fact that the offended party was already
retired did not diminish the respect due her rank
as his former teacher.
 Do these this apply to crimes against property?
o No. Not aggravating in crimes against property.
o Examples of where insult to rank, age, sex does
not apply:
 Robbery
 Robbery with homicide – since here, the
homicide was merely an incident to robbery
 [NOTE: the Escote doctrine applies to
treachery, not here.]
 Is insult to rank, age, sex absorbed by treachery?
o No. The aggravating circumstances of age and sex
cannot be absorbed by treachery. Treachery
pertains to manner of commission. Insult to age,
rank, sex refers to relationship.
32
o Ex. The accused murdered a child 3 days old. The
SC appreciated the A.C. of age in convicting the
accused of murder. Also treacherous since the
child cannot defend himself.
o But see P v. Malolot: Accused hacked to death an
11 month old child. SC HELD: A.C. of age of victim
DOES NOT apply, because it was absorbed by
treachery. (Justice Callejo does not agree with
this case. But Malolot might be prevailing, being
the newer case).
Art 14(3b) – dwelling
 Does dwelling apply when both parties live in the same
house?
o Generally, it is not aggravating.
o Victim was stay-in laundrywoman, but it was not
her house. The killer was the houseboy, who also
lived that house. The laundrywoman had her
personal room, and the houseboy had his as well.
Is dwelling aggravating?
 Yes. Although the offender and offended
lived in the same house, the crime is
aggravated by dwelling, because the room
was deemed a dwelling, notwithstanding
being in the same house.
 Each room although located in the same
house is considered a dwelling separate
and independent of the adjacent rooms.
 What is considered as dwelling?
o Includes every dependency of the house and every
integral part of the house. Includes staircase,
enclosure under the house, and the terrace.
 If the person is stepping on the first rung of
stairs, then it is dwelling. But if he has yet
to step, not yet.
 o To be considered as dwelling, it must be used
exclusively for rest and comfort.
 Ex. the victim owns a building consisting of
two floors: ground floor is video shop and
2nd floor is residence. The victim was killed
in the video shop. Here, dwelling does not
apply. The video shop is not exclusively for
rest and comfort, even if in the same
building.
 What if the person is a squatter?
o Dwelling still applies. The law does not make any
distinction as to the validity of title over the
property.
 What if the land is enclosed with a fence and the person
is outside the house but inside the fence?
o Dwelling does not apply.
 When does dwelling not apply?
o If the victim gave sufficient provocation.
o What are the elements of sufficient provocation?
 1. Offended party gives provocation
 2. The provocation is sufficient
 3. The provocation is immediately before
the crime
 Does the offender have to actually enter the house?
o No. The law does not require that the offender
must also be in the house. The offender can shoot
from outside the house and kill a person inside – it
is still considered as dwelling,
 Does dwelling apply in robbery?
o Distinguish:
o Dwelling is aggravating in robbery with homicide
or robbery with intimidation of persons.
o However, in robbery with force upon things,
dwelling is inherent in the crime.
 Is dwelling aggravating in arson?
o No. (PD 1613)
33
 A person dies inside a building burned on purpose. When
is it homicide, and when is it arson?
o Intent determines:
o 1. If the intent is to burn the house, then the
burning is arson even if a person dies. Homicide is
absorbed.
o 2. If the intent is to kill the person and the burning
was the means employed to commit the crime, it is
homicide.
o 3. If the intent is to kill the person, and the house
is burned to cover up the crime, then it is homicide
and arson as separate crimes. There is no special
complex crime of homicide with arson.
Art 14(4) – abuse of confidence or obvious ungratefulness
 What are the elements of abuse of confidence?
o 1. Offended party reposed trust and confidence to
offender
o 2. Offender abused this trust and confidence
 What must be the character of the confidence reposed?
o The confidence must be IMMEDIATE AND
PERSONAL such that it gives the accused some
advantage and makes it easier to commit the
crime.
o Ex. The mother of the victim had a common law
husband, whom the victim called “papa.” “Papa”
raped the daughter. This was abuse of confidence,
even if the relationship between the mom and
“papa” was illicit.
Art. 14(5) –committed in a place of worship
 What are contemplated here?
o 1. Committed in palace of Chief Executive
o 2. Committed in the presence of Chief Executive
o 3. Committed in place where public officers are
discharging duties
 o 4. Committed in place of worship
o Distinguish 1, 2, and 4 from 3:
 For palace, presence of CE, and place of
worship it is enough that the offense was
committed in that place
 For public officers in discharge of their
duties, it is necessary that the
performance of function is being done
 How will this aggravating circumstance of place of
worship (and the like) apply?
o There must be intent from the outset to commit
the crime inside the place of worship. Here, the
accused did not intend to commit the crime inside
the church (she did not expect the man to touch
her thigh).
Art. 14(6) – night time, uninhabited place, or by a band
 If all three are present, are these separate aggravating
circumstances or only one?
o General rule: only one applies.
o Exception: These may be considered separate and
distinct if their elements are distinctly perceived
and can subsist independently of each other,
revealing greater perversity.
 What are the tests of night time?
o Subjective test – when night time was sought
purposely to commit the crime.
o Objective test – when nighttime facilitated the
commission of the crime
o N.B. The subjective and objective tests are
alternative. They need not concur. Either test’s
application is sufficient.
o It is not enough that the crime was committed in
night time. There must be evidence that night time
was sought for, or the nocturnity facilitated the
commission of the offense
34
 What if the moon is shining brightly or there is a
streetlamp illuminating the event?
o Then nighttime is not appreciable.
 When is nighttime absorbed by treachery?
o If it is part of the treacherous means to insure
execution of the crime. Otherwise, it is separately
appreciated.
 What determines if the crime was committed in an
uninhabited place (despoblado)?
o It is not the distance, but the possibility or
impossibility of immediate aid to be obtained. The
more important consideration is if the commission
of the crime makes it possible for the victim to
receive aid.
o Ex. The distance is not so great, but one has to
climb up a hill to reach the house to render aid.
There is despoblado.
 What is the burden of the prosecution?
o Prosecution must prove that the accused chose
the remoteness of the place to aid the commission
of the crime, or to conceal the commission of the
crime.
 When is there a band?
o More than three armed malefactors (at least four).
o Must all of them be armed?
 Yes.
 What is the test for armament?
o Any weapon which, by reason of its intrinsic
nature or purpose, is capable of inflicting serious
or fatal injuries.
 What is the character of participation of the four
malefactors?
o The four armed persons contemplated in the law
must be principals by direct participation for band
to be considered. They must act together in the
execution of the crime.
 There were four accused, and it was alleged that they o That refers to means of committing the crime.
composed a band, in the information. Two were This provision refers to crime committed on the
acquitted. Is there crime by a band? occasion of calamity or misfortune.
o Band is still subsistent even if two were acquitted.
Art. 14(8) – with aid of armed men
o DISSENT: No band.
 What is the characteristic of crime by a band?  Requisites for aid of armed men?
o Merely generic. (Ex. robbery with rape, robbery o 1. Armed men or persons took part in the
with homicide, physical injuries, etc.) This means commission of the crime directly or indirectly
that this can be offset by a generic MC. o 2. Accused availed himself of aid of such men or
o Contrast: Art. 266-B if rape is committed by 2 or relied upon them when the crime was committed
more persons, the offender is sentenced from RP  The armed men are accomplices who take part in a minor
to death (special aggravating circumstance). capacity, directly or indirectly.
 When is crime by a band a qualifying circumstance, and  What if there is a conspiracy with the armed men?
not just a generic aggravating circumstance? o There should not be any conspiracy or the armed
o Only Article 294, pars. 3 to 5. This is robbery with men must not be principals.
violation against persons. Band Armed men Organized crime
o Recall: syndicate
 Par 1: with homicide  band is aggravating
All are principals Accomplices
 Par 2: with rape, intentional mutilation, and
lesiones graves resulting into blindness, At least 4 armed Number At least two
impotency, imbecility, or insanity  men immaterial persons
aggravating Crimes not Crimes not Crimes are for
 Par 3 to 5: other kinds of robbery with specified specified gain
violence against persons  band is
qualifying
Art 14(9, 10) – recidivism, reiteracion
Art. 14(7) – calamity or misfortune
 What are the different forms of habituality?
 To what situations does this apply to? o 1. Recidivism
o Conflagration, shipwreck, earthquake, epidemic o 2. Reiteracion
o And other calamities and misfortunes o 3. Habitual delinquency
 These must be similar to the o 4. Quasi-recidivism
abovementioned, so it cannot refer to “acts  Who is a recidivist?
of men” o Elements:
 Distinguish from Art. 14(12):  1. During trial for one crime
 2. Has been previously convicted
 3. By final judgment

35
  4. Of another crime under the same title in
the RPC  What is habitual delinquency?
o Important things to note: o Elements:
 At least two convictions – one preceding  1. Within a period of 10 years from date of
the other, and the preceding one must have release or last conviction
final judgment already  2. For falsification, robbery, estafa, theft,
 Both offenses must fall under the same serious or less serious physical injuries
title in the RPC (FRETSeL)
 No specific period between convictions  3. Found guilty of said crimes a third time
required or oftener
o What if the first offense is pardoned? o What is the nature of habitual delinquency?
 Still a recidivist because only the effects of  It is special aggravating circumstance,
the crime were extinguished by pardon, not which imposes an additional penalty (not
the existence of the crime just increase) which escalates with the
 What is the nature of recidivism? number of convictions. Thus there will be
o Generic aggravating circumstance two penalties: for the crime and for the
 What is reiteracion? habitual delinquency.
o Elements:  As such, this cannot be offset by mitigating
 1. The offender has previously been
circumstances
punished (has served sentence) o Important things:
 2. First offense must have had a greater or  At least 2 convictions
equal penalty;  The third conviction must be within 10
 3. Or two or more prior offenses with years from the second conviction. The 10
lighter penalty year period is counted from the date of
o Do they have to fall under the same title of the
release if he had been released when
code?
against convicted.
 No.
o Can one be a recidivist and a habitual offender at
Recidivism Reiteracion the same time?
Previous conviction by final Previous service of sentence  Yes, if he is convicted a third time for
judgment crimes of estafa, robbery, or theft which
are within Title X of the RPC, or for serious
Under same title of the RPC No need to be under same
title and less serious physical injuries which are
both within Title VIII of the RPC.
No requirement as to penalty One crime or greater penalty
 What is quasi-recividism?
in prior conviction or at least two crimes of
o Elements:
lesser penalty

36
  1. Offender previously convicted by final o If used to commit ANY of the crimes in the RPC
judgment and it results to injury or death of any person, it is
 2. Before beginning to serve such sentence, an aggravating circumstance
or while serving it, he commits a felony o Except in furtherance of political crimes, which
o What is the nature of quasi-recividism? absorbs the use of explosives
 It is a special aggravating circumstance o N.B. contrast this with illegally possessed
which must be alleged in the information firearms, which only aggravates murder or
 Cannot be offset by ordinary mitigating homicide
circumstances  When do these circumstances cease becoming generic
o Effect: aggravating circumstances?
 Penalize convict with maximum period for o 1. When it is a crime in itself
the new felony committed o 2. When it is a means included in defining a crime
o What if during service of first conviction, he
Art 14(13) – evident premeditation
reaches 70 years old or he completes service of
the first conviction after 70?  What are the elements of evident premeditation?
 He is pardoned, unless he is a habitual o 1. Proof of time when the accused came up with
criminal or his conduct/circumstances the determination to commit the crime
show he is unworthy of pardon o 2. Overt act by accused showing he determined to
commit the crime and that he clung to that
Art 14(11) – price, reward, or promise
determination.
 What must be given as price, reward, or promise? o 3. Lapse of time between the determination and
o Need not be money. decision to carry it out.
 When does this aggravating circumstance apply?  What is the essence of this aggravating circumstance?
o But the inducement MUST be the primary o Precedence of cool thought and reflection
consideration by the principal by direct  How much time must elapse?
participation. o The law does not give a formula. Each case must
 If the offer is accepted, does the AC apply to both offeror be resolved on the extent of each factual
and offeree? circumstance.
o YES. Both of them. o P v. Beltran: There was only a lapse of two hours
Art 14(12) – explosives, poison, fire, etc. from the decision to commit the crime and the
actual commission of the crime.
 Take note of COMADRE and MALNGAN (very important
o Was there evident premeditation when one wanted
cases)
to kill X but he killed Y instead?
 Under RA 8294, when does the use of unlawfully
 No. Because he did not intend to kill the
manufactured, acquired, or possessed explosives
other guy.
aggravate?

37
  But if one decided to kill “any Ilocano or
anybody he encounters” and he does, this
AC applies.
 So the test is what the initial plan was
(whether it involved a specific person or
group) and whether the execution matched
the plan.
 When is evident premeditation inherent?
o Evident premeditation is inherent in every specific
intent felony.
o Examples:
 Kidnapping
 Robbery
 Estafa (intent to gain)
 Piracy in Phil. Waters
 When is there evident premeditation in robbery with
homicide, and when is there none?
o If in addition to the crime of robbery, the accused
intended to kill a person, evident premeditation is
aggravating.
o If he had no plan to kill a person, but he ends up
killing a person in the house who put up
resistance, there is no evident premeditation.
 Does evident premeditation apply to conspiracy?
o If two or more persons conspire to commit a
crime, and they decide to commit it, there may be
evident premeditation if the conspiracy allowed
the conspirators to ponder upon and reflect on
their decision to commit a felony.
o Differentiate:
 1. instant conspiracy: has no evident
premeditation
 2. non-instant conspiracy: time to reflect
Art. 14(14) – craft, fraud, or disguise
 Distinguish:
38
o 1. Craft – cunning or intellectual trickery to carry
out the evil design
o 2. Fraud – deceit, insidious words and
machinations
o 3. Disguise – concealment of identity
 What is the relationship of these with treachery?
o Treachery absorbs these.
 Craft and fraud may be aggravating in robbery with
homicide, where the accused induced the victim to take
them where the cows they supposedly wanted to buy are
found. But they ended up killing the victim.
o HELD: Aggravated by craft. Used intellectual
trickery.
Art 14(15) – superior strength
 When is there superior strength?
o Offenders intentionally employ disproportionate
force to the means of defense available to the
offended party
 Four accused were armed with a knife. One killed the
victim, but there was conspiracy. Only one was armed.
Does superior strength apply?
o Yes, still superior strength, because the victim was
unarmed.
 Does superior strength apply in parricide?
o No, do not consider abuse of superior strength in
parricide. It is generally accepted that the
husband is physically stronger than the wife.
 What happens when an aggravating circumstance is
absorbed by another?
o It loses its juridical existence.
o What is the relationship between treachery and
abuse of superior strength?
 Generally, abuse of superior strength is
absorbed by treachery. Abuse of superior
strength then loses its juridical existence
 o Can superior strength in this case offset a the homicide part of that special complex crime.
mitigating circumstance? So treachery applies.
 No because it already lost its juridical o Why not qualifying?
existence.  The crime of robbery with homicide is a
unique crime in the sense that there can be
Art 14(16) – treachery
no robbery with murder. Homicide is
 For treachery to exist either as a generic aggravating or always used as a generic term, even if the
qualifying circumstance, what two conditions must apply? second component is actually murder.
o 1. Employment or means, manner, or method of  And even if the homicide was actually just
execution that would ensure the safety of the out of negligence, it can still be robbery
offender from any defense or retaliation of the with homicide.
offended party  Is treachery qualifying in special complex crime of
o 2. Deliberate act of the offender or conscious kidnapping with murder?
choice of the means, manner, or method of o Yes. If the victim of kidnapping is killed with
execution treachery, it is a special complex crime of
 Shown through a) prior conduct of the kidnapping with murder.
offender; b) relationship of the parties; c) o So treachery can apply, under the Escote rule.
nature of the killing  Does suddenness of attack per se prove treachery?
 May treachery be considered in carnapping with killing of o No, Mere suddenness of the attack does not by
a person? itself suggest treachery, unless the offender used
o No. Treachery is not aggravating in qualified the suddenness of the attack as means or method
carnapping. Carnapping is a crime against to ensure success of strike.
property, so treachery is NOT aggravating. (As held o Chance attacks or crimes done in the spur of the
in a case) moment, or those preceded by heated altercation,
o Is this still true today? are NOT treacherous
 NOT ANYMORE. Take note of P. v. ESCOTE  May treachery be considered if the wrongful act done be
(see discussion below), which appreciated different from that intended by the offender?
treachery in robbery with homicide. o Treachery is present even if the victim killed is
 P v. Escote different the one intended to be killed (because
o Take note that before this case, the SC has always what only matters is the means of killing).
been divided whether treachery can apply to o Treachery may be present in aberratio ictus or
robbery with homicide. Those who say no say that error in personae, again because it is not the
it can’t apply because robbery with homicide, intent but the means/method that matters.
which is a crime against property.  What is the nature of killing by poisoning?
o But here, J. Callejo decided to cite Spanish SC
decisions, stating that treachery may aggravate

39
 o Treachery is inherent in killing by poisoning. If the  When is it inherent?
offender poisoned the victim, treachery is o 1. Trespass
inherent. o 2. Robbery with force upon things

Art 14(17) – ignominy Art 14(20) – with aid of minors under 15 years of age/motor
vehicles
 What is ignominy?
o Circumstance pertaining to a moral order which  Is the minor himself liable?
adds disgrace or obloquy to the material injury o No. Remember RA 9344 – a minor under 15 is
caused to the offended party and tends to make absolutely exempt from liability
o So if he assists, then the minor is completely
the crime more humiliating
 Examples of ignominy: exempt from liability
o 1. The accused lighted a cigarette on the pubic  But the same is still an aggravating circumstance for the
area of the victim which caused blisters. offender of legal age.
o 2. When the accused focused his flashlight on the  When is use of motorized means of conveyance
genitals of the offended party, and he examined it aggravating?
o When the motor vehicle was purposely used to
before he raped her in front of her father.
o 3. Raped victim before her betrothed facilitate the commission of the offense
o 4. Asking her to present her full nakedness before o Not when used to escape
raping her Art 14(21) – Cruelty
 In the Bacule and Sailan cases, where respectively, the
 What is cruelty?
rapist tied a banana fiber around his penis before the
o Unnecessary physical pain in the commission of
rape, or when the rapist raped the victim dog-style, there
the crime
was ignominy. Does this still apply?  What is the test?
o No, these must be modified. Art. 266-A of RPC: o Whether the accused deliberately and despicably
Decisions in Bacule and Sailan are now amended. augmented the wrong committed by him by
These are now acts of sexual assault. causing another wrong not necessary for its
 The accused after killing the victim cut off the left leg
commission, or inhumanly increasing the suffering
and took the flesh from the legs and shoulders of the
of the victim, slowly and gradually
victim. Is this ignominy?  Does the number of wounds per se determine cruelty?
o No, because the victim was already dead. o No. It is the deliberate act of committing the
Art 14(18-19) – unlawful entry or breaking in crime to cause unnecessary pain, not number of
wounds.
 When is there unlawful entry?
o Ex. 20 wounds inflicted rapidly is usually not
o When an entrance is through a way not intended
cruelty
for such purpose
o Must be for purposes of entry and not escape

40
 o Ex. 20 wounds excruciatingly inflicted, where the
person savored the act, can be cruelty
 There can be no crime of robbery with multiple homicide,
regardless of the number of victims. But supposing for
this reason of robbery, two are killed, can we not consider
the 2 nd
killing as an aggravating circumstance analogous
to cruelty?
o No. Notwithstanding how many people he killed,
there is no aggravating circumstance.
o The reason is simple: it is not among those listed
in Art. 14.
Special laws relating to aggravating circumstances
R.A. 9165
 Supposing the accused was under the influence of drugs
and then he killed a person, may the killing by that person
under the influence of drugs be considered an aggravating
circumstance in the commission of the crime?
o Yes. Under R.A. 9165, sec. 25 – notwithstanding
provisions of law to the contrary, the positive
finding for drugs shall be considered
aggravating circumstance.
R.A. 8294
 P v. Comadre – Justice Tinga said that 8294 amended Art
14(12), because usage of illegally possessed firearms
becomes an aggravating circumstance. “Tinga: if the
person is in lawful possession of the explosives, then he
uses it, it is QUALIFYING to murder.”
 Dissent of Callejo:
o It’s absurd! If illegally possessed – only
aggravating. If legally possessed – qualified to
murder! This is unjust.
o Use of an unlicensed explosive is AGGRAVATING.
Because it says any crime in the RPC. So that
should include murder. It shouldn’t be qualifying.
 If unlicensed firearm is used to commit murder or
homicide, it is merely an aggravating circumstance.
 But what kind? Is it generic or special AC?
o It is a special AC, not merely generic. So there
can be no offset.
 Does illegal possession aggravate attempted or frustrated
homicide or murder?
o No. The law says homicide or murder. It must be
consummated. If the crime is merely attempted or
frustrated, the AC does not apply.
 Under 8294, if one uses an unlicensed firearm to commit a
crime other than homicide or murder, then the use of the
unlicensed arm is neither a separate crime nor an AC.
BUT that person must be convicted for that other crime,
before the usage of an unlicensed firearm can be
considered as either a separate crime or an AC.
 Does illegal possession of unlicensed firearm aggravate
robbery with homicide?
an
o No. The law is clear: only murder or homicide.
(Although there are SC decisions to the contrary.)
 Do the words homicide and murder include parricide and
infanticide? Or should it be read strictly?
o P v. Mendoza – murder is used in its generic term.
It therefore include parricide or infanticide, as the
case may be.
o But one can argue that since the law only
mentions these two crimes, under pro reo, then it
must be construed in favor of the victim.
 There is security guard of an agency. The agency has
license to possess firearm, but the guard does not. The
security guard used the gun to commit murder. Is it AC?
41
 o Yes, it is. Even if the employer was licensed but o 2. Intoxication
the guard had no license to possess that firearm, o 3. Degree of instruction/education of offender
then RA 8294 applies.  What is the scope of relationship under Article 15?
 An accused committed double murder (complex crime). o Spouse
o Ascendant, descendant
He used an unlicensed firearm. Is it special AC?
o It should be. The law does not distinguish whether o Legitimate, natural, adopted siblings
o Relative by affinity in same degrees
it is simple or complex. But there is no case yet.
o What if the relationship is just between step-
RA 8353 parent and stepchild?
 When the accused raped the victim in the presence of her  The relationship between step father and
parents and husband, there was aggravating step son is akin to that to an ascendant
circumstance of adding ignominy. Is this still and descendant and is subject to AC of
applicable?? relationship.
o Not anymore. In RA 8353, it is a SPECIAL  BUT relationship between step grandniece
QUALIFYING circumstance. (under the and step grandfather is not one of the
enumeration) relationships contemplated in Art. 15 of the
 R.A. 8353 is found in Art. 266-B of the RPC. The crime of RPC, as with similar examples.
simple rape becomes qualified – becomes penalty of RP to o What about first cousins?
 When the accused and victim are first
death.
 Did R.A. 8353 amend Art 14 of the RPC? cousins, relationship is NOT aggravating.
o Not really. o What about uncle and nephew?
o In Art 266-B, the use of a deadly weapon to commit  No. Uncle and nephew/niece not covered.
 Is relationship an AC in rape?
rape is a special qualifying circumstance which
o Yes.
increases the penalty from RP to RP/death. It is
o Relationship is aggravating in crimes against
not an AC under Art. 14, but under Art. 266-B and
chastity, including rape.
266-C of the RPC. o While rape is now a crime against persons, it does
Art. 15: alternative circumstances not lose its nature as a crime against chastity,
because for rape to be committed there must be
 What are alternative circumstances?
o Either aggravating or mitigating according to the lewd design. Thus, relationship is still an AC in
nature and effects of the crime and other rape.
o What is the effect of father-daughter relationship
conditions attending its commission
o Only considered when they influence the in rape?
 It’s now a special aggravating
commission of the crime
 What are the three alternative circumstances? circumstance under RA 8353. No need to
o 1. Relationship

42
 resort to relationship as an alternative PERSONS CRIMINALLY LIABLE
circumstance.
 What if the imposable penalty becomes death?
o In crimes where the imposable penalty is death,  May a private corporation, partnership, or association or
relationship shall not be deemed an AC, regardless other juridical entity be criminally liable?
of the crime. o The general rule is that corporations are not
 When is relationship aggravating and when is it criminally liable because there is no criminal
mitigating? intent.
o Relationship is aggravating in crimes against o Except: when the law provides that officers or
chastity, whether offender is of higher or lower employees are liable.
degree relative o Can both the employer and employee be liable as
o Relationship is mitigating in crimes against principals by direct participation?
property  Yes, when the employee performed
 When is intoxication mitigating? consciously participated in the acts (ex.
o If not habitual, or not pursuant to planning a illegal recruitment). He must know of the
felony, and affected mental faculties illegality and still further the act.
o It is aggravating if there is habitualness or o Trust Receipts Law P.D. 115 – when violated by
intentional intoxication corporation, partnership, or association: penalty is
 What is the rule on education? imposed on responsible officers
o Low education may be mitigating but never o Labor Code ex. illegal recruitment (39-D) – same
aggravating penalty
o High education may be aggravating but never  Who are liable?
mitigating o 1. Grave and less grave offenses: principals,
o When is the high education of a person accomplices, accessories
aggravating? o 2. Light offenses: principals and accomplies
 When his education puts him in better
Art. 17: principals
position than the ordinary offenders. Ex.
estafa by a lawyer  When do these provisions apply?
 When is education ignored? o These provisions only apply when two or more
o 1. If the crime is basically wrong like parricide, people are acting criminally. Otherwise, it’s just
murder, rape, or robbery, it is immaterial whether the principal.
the offender is schooled or not.  When may a person be criminally liable as principal by
o 2. Education has already been considered by the direct participation?
provision such as abortion conducted by a o Participation in criminal execution
o Carrying out the plan and directly participating in
physician.
the execution

43
  N.B. There must be conspiracy, under this o For as long as the conspirators perform specific
usual definition acts that were coordinated pursuant to the
o But can there be principals by direct participation conspiracy.
without conspiracy?  X, Y, and Z conspired to kill V. All three stabbed V. Is it a
 Yes: the usual example of two people complex crime?
attacking a cocky guy in a bar with prior o No. There is only one crime of homicide, as there
planning. The victim died due to two is only one victim. The number of crimes
bullets, one from each gun. There is no committed does not depend on the number of co-
conspiracy here, but both are liable as conspirators.
principals by direct participation.  If rape was committed by 2 or more persons, what
 How about the mastermind? For him to be a principal, happens?
does he have to commit an overt act in the execution of o Commission of rape by two or more persons is a
the planned conspiracy? qualifying circumstance that requires imposition of
o Enough to be held as co-principal through RP/death.
conspiracy, as long as there is involvement in the o Ex. The husband raped the victim, while the wife
planning and commission. of the accused held back the arms of the victim.
 What should the overt act consist of for principals by  HELD: The husband was guilty of rape by
direct participation? direct participation, and the wife was
o 1. Active participation principal by indispensable cooperation.
o 2. Or giving moral assistance to the other  Is it possible that two persons are conspirators but are
conspirators liable for different crimes?
 Mere presence o Yes.
 Exercising moral ascendancy o Ex. The private individual is liable for delivery of
 What is the general rule as to non-appearance? prisoners, while the escaped convict is liable for
o Deemed a desistance which is favored. Mere evasion of sentence.
participation in a conspiracy is not a crime, o Ex. X and Y killed X’s wife. Y is liable for homicide.
because there is no act yet to carry it out. When X is liable for parricide.
there is no criminal participation, there is no  What is the rule for Robbery with homicide?
liability. o General rule: the act of one is act of all, even if
o But see the exceptions for masterminds and PDIs. only one co-conspirator killed the victim.
 Can someone not be in the scene of the crime and still be o Is it possible that one is liable only for robbery but
a principal? not robbery with homicide?
o Yes. For example, there is conspiracy and one is  Yes, if one desisted before the homicide
on look-out duty for policemen. was committed. For instance, one
prevented the other from stabbing the
victim

44
 o What about robbery with rape?  When does one become a principal by indispensable
 All the accused will be liable for the rape cooperation?
committed by one of them, unless one o Direct participation in the criminal design by
proves that he endeavored to prevent the another act without which the crime could not
person from doing so. have been committed.
o For these cases, one must perform an OVERT act  What is the main distinction between the PDP and
to prevent the commission of the other crime. principal by indispensable cooperation?
Mere silence or running away is not enough o For the PIC, he must perform an act different from
disavowal. the overt act of the PDP; otherwise, he also
 How does one become a principal by direct inducement? becomes a PDP.
o 1. Directly forcing another to commit a crime  Must the PIC be present during the planning stage of the
 Using irresistible force conspiracy?
 Causing uncontrollable fear o No. He may become a principal at the moment of
o 2. Direct inducing another to commit a crime execution of the crime with the other principals. It
 Giving price, reward, or promise
can arise from implied conspiracy.
 Using words of command
 What is the rule in case of doubt?
 What are the requisites to become a PDI?
o The liability of the PIC is merely as that of an
o 1. Inducement made directly with intent of
accomplice.
procuring the commission of the crime
 Is it possible that the PIC commits a crime different from
o 2. Inducement is the determining cause of the
the PDP?
commission of the crime by material execution
o Yes. An example is malversation through
 What is required for use of words, to become a PDI?
falsification of public documents committed by a
o Must have actually moved the hands of the
public officer in conspiracy with a private
principal by direct participation, the latter of
individual. The private individual may be liable for
which has no other recourse but to obey the
malversation.
command. This especially applies when the PDI
 Can the PDP’s acts be by dolo and the PIC, by culpa?
has moral ascendancy over the PDP.
o Yes. Ex. There was a bank employee with two
 Does the PDI need to be in the scene of the crime?
friends. The friends made the employee believe
o No. His inducement is enough.
 What if the person inducing did not qualify in the above that a bank document was genuine, which was
description? approved by the employee without needed
o He is generally liable as an accomplice. diligence. The crime of the PIC is estafa through
 What if the person merely made carless remarks not falsification of commercial document, by culpa.
meant to be obeyed? Art. 18: accomplices
o He is neither a PDI nor an accomplice. He is not
 What are the acts of accomplices?
criminally liable.

45
 o Prior or simultaneous acts not indispensable for
the commission of the crime, and not overt acts
for commission thereof.
 What are the requisites to be liable as an accomplice?
o 1. Offender took part in the execution of the crime
by previous or simultaneous acts
o 2. He intended to take part in the commission of
the crime
 At what point must the accomplice acquire knowledge of
the commission of the crime by the PDP?
o After the PDP has reached a decision to commit a
crime. The accomplice does not decide the
commission of a crime. He just agrees after the
criminal resolution is accomplished.
o If he was part of the decision to commit the crime
in conspiracy, he becomes a principal.
o Likewise, if he commits an act of execution, he
also becomes a PDP.
 Contrast a conspirator from an accomplice:
o Both the conspirator and accomplice know of the
crime and agree with the criminal resolution. The
conspirators decide, and the accomplices merely
concur and cooperate.
o The crime is performed by the PDP, while the
accomplice is merely an instrument of the
conspirators – not members of the conspiracy.
 May one be charged and convicted as accomplice or
accessory even before principal charged or convicted? Or
should the PDP first be convicted before accomplice and
accessory be charged or convicted? What are their
corresponding liabilities?
o As long as commission of the crime can be proven
beyond reasonable doubt, determination of
criminal responsibility of accessory may be
determined independently of and separately from
liability of the PDP.
o If the case against PDP is dismissed, the case
against accomplice or accessory must also be
46
dismissed because the liability of the latter is
subordinate to that of the PDP.
o But the dismissal of the case against the latter
does not necessarily result in dismissal of the
case against the PDP.
Art. 19: accessories
 Who is an accessory?
o One must have knowledge of the commission of
the felony, and he participates after the
commission by any of the acts enumerated in Art.
19. His participation must not be that of a
principal or accomplice.
 What are the requisites to become an accessory?
o 1. Knowledge of the commission of the crime
o 2. Without participating therein
o 3. Perform any of the following acts (see below).
 What are the three acts of accessories in Article 19?
o 1. By profiting themselves or assisting the offender
to profit by the effects of the crime
o 2. By concealing or destroying the body of the
crime (corpus delicti), or the effects or
instruments thereof, in order to prevent its
discovery
o 3. By harboring, concealing, or assisting in the
escape of the principal, and –
 A. the accessory acts with abuse of public
functions OR
 B. the accessory is a private individual, and
the author of the crime is guilty of:
 i. treason,
 ii. murder,
 iii. parricide,
 iv. or attempt to take life of the
Chief Executive,
 v. or is known to be habitually
guilty of some other crime
 When does the accessory participate?
 o His participation comes after the commission of
the crime.
 Does mere silence make one liable for the crime as an
accessory?
o No. It is not a crime to remain silent.
 What is the “corpus delicti” or body of crime that must be
concealed or destroyed under par. 2?
o Body or substance of the crime, or the actual
commission by someone of the particular crime
charged. It is either:
 1. Proof of occurrence of a certain event
 2. Some person’s criminal responsiiblity
 X, a policeman, witnessed the killing of V by K. X failed to
arrest K and even told K not to tell the other policemen.
Is X an accessory?
o Yes, under art. 19(3). It was the duty of the
policeman to arrest the culprit and not to conceal
the commission of the crime by silence or
misleading statements. By his acts, he abused his
public position.
 What is PD 1612 (Anti-Fencing Law)?
o One who acquires stolen property is criminally
liable as an accessory under Art. 19 or as a
principal for fencing under PD 1612. Prosecution
has the option.
 When does one become a principal for fencing –
requisites?
o 1. The crime of robbery or theft must be
committed, and accused did not participate in the
commission thereof.
o 2. The accused then acquires the proceeds of the
robbery or theft, and he has actual knowledge
thereof or he should have known the subject is
from such acts
o 3. Intent to acquire
 What is the special rule P.D. 532 (piracy, highway robbery
and brigandage)?
o Any person who directly or indirectly abets the
commission of piracy or highway
47
robbery/brigandage is not just an accessory – he is
an accomplice to the principal of the crime.
o The person who profits from the loot is charged
with Abetting Brigandage and is charged as an
accomplice (not just an accessory)
Art. 20: accessories exempt from liability
 Who are the accessories exempt from liability?
o Those who are accessories vis-à-vis spouses,
ascendants, descendants,
legitimate/natural/adopted brothers and sisters, or
relatives by affinity of the same degree
o When does it not apply?
 To paragraph 1 (profiting from the crime)
o [N.B. this listing is limited (not up to 4th degree of
consanguinity) and is the same scope as the
alternative circumstance of relationship]
 X killed Y. X told his sister S to hide the body of Y. X and
S buried Y. What is the liability of S?
o S is exempt under Art. 20. The basis of the
exemption is ties of blood between the PDP and
accessory.
 What if a policeman furnishes the means for his brother to
escape with abuse of public position? Is he exempt?
o He is. Blood-ties are more powerful than call of
duty. Moreover, the law does not distinguish
between private citizens and public officers.
 What is PD 1829 or Obstruction of Justice?
o Those who assist the principal to escape may be
prosecuted under PD 1829 as a principal for
obstruction of justice. When convicted, the
penalty imposed is the higher penalty between PD
1829 and any other law, including the RPC.
 What are the acts amounting to Obstruction of Justice?
o [preventing]
o 1. Preventing witnesses from testifying
o 2. Harboring or concealing the offender
 o 3. Obstruction of service of court processes/orders o Yes. Penal laws retroact in so far as they favor a
or disturbing proceedings in fiscal or Court person guilty of a felony, as long as he is not a
o 4. Solicitation or acceptance of benefit to desist in habitual delinquent
prosecution o Even when there is already a final judgment
o 5. Using threats to prevent a person from o Does this apply even to SPLs?
appearing in proceedings  Yes.
o [misleading]  What is the retroactive application of RA 9344?
o 1. Altering or suppressing evidence o Any pending cases involving children below 15 are
o 2.using fictitious name to conceal crime or evade
automatically dismissed and referred to
prosecution
appropriate diversion programs
o 3. Making or presenting false evidence
o Those already serving sentence are
o 4. Giving false or misleading information to law
enforcement agents reassessed/reclassified under the new benevolent
 Does PD 1829 provide the same exceptions as Art. 20? features of the law
o No. o If the minor is no longer entitled to suspension of
sentence (Ex. reached 18 years old) and the court
PENALTIES
resolves to impose the sentence, he can still apply
 Offended party and accused agreed to fight; one lost. He
for probation
filed for a complaint for physical injuries. Does the pari
 What if a penal law is repealed?
delicto doctrine apply?
o Then the court has no more jurisdiction to hear the
o No. It does not apply to criminal cases. In fact,
case
two people can agree to duel, and if one dies, the
o The offense never existed and the person who
offender may be charged under the RPC.
 Does estoppel apply to criminal cases? committed it never did so.
o No. The offended party is the State. Private o Exceptions?
individual who sustained the damage is merely the  1. Saving clause
witness to the crime.  2. The repealing act reenacts the former
statute
 Can there be imprisonment at the discretion of the court?
 What is the effect of RA 8353 on Articles 23 and 344
o No. It must be according to limits imposed by law.
 Did the SC circular giving preference to fines over which provide for pardon by the offended party?
o Rape and sexual assault are now crimes against
imprisonment for BP 22 and libel violations amend the
persons.
law?
o Thus, criminal action can only be commenced by
o No. There was no abolishment of the penalty of
information filed by public prosecutor, and not the
imprisonment.
 May the favorable provisions of RA 7659 (Abolishing the private offended party.
o If a crime is public, private individual cannot
DP) retroact to entitle the offender to RP?
pardon the crime or compromise it, unless
provided by law. In a criminal action, it is the

48
 State that is the offended party; the private
individual is just a witness.
o Exception: RA 8353 – marriage of offender and
rape victim
 Shall extinguish criminal action
 If already convicted, penalty imposed will
be extinguished
 Note, however, that a husband can be
convicted for rape or sexual assault
against his wife.
 Criminal liability may only be extinguished by law or the
grounds in Art. 89.
o A public officer is charged with RA 3019.
returns the money. Will his liability
extinguished?
 No. It will not exonerate him from criminal
liability, but will extinguish his civil liability.
P v. Sandiganbayan
 What are not considered as penalties?
o 1. Arrest and temporary detention of accused, or
detention due to insanity or imbecility
o 2. Commitment of a minor in institutions
 Art. 80 was already repealed by PD 1603
and amended by RA 9344.
o 3. Preventive suspension from employment or
public office
o 4. Fines and other corrective measures imposed by
superior officials on subordinates
 Refers to administrative sanctions
administrative cases against public officers
and employees (imposed by superiors)
 Correlate the above enumeration with RA 6975, par. 4:
o If police officer or employee is charged for a crime
in a valid information, he may be suspended during
pendency of the case. This is not a penalty, but
just a means to facilitate justice.
 Correlate with RA 3019:
o When a public officer or employee is charged, he
may be suspended 90 days. This is not deemed a
penalty.
 What is the effect of RA 9346 abolishing the death penalty
(and as clarified by P v. Bon)?
o 1. It retroactively benefited all those convicted
and being tried for the death penalty, which has
been abolished. It benefits even habitual
delinquents.
o 2. It does not affect RA 7659’s provisions on how
the crime is committed; it just reduces the penalty
He imposed by RA 7659 from death to RP.
be o 3. It equalized the penalties of certain offenses
which used to be graduated. Examples:
 Piracy (RP) and qualified piracy (RP to
death) are now both RP.
 Kidnapping (RP to death) and Kidnapping
with Homicide or Rape (mandatory death)
are now both RP.
 Destructive arson (RP to death) and Arson
with homicide (mandatory death) are now
both RP.
o 4. In graduation of offenses one or two degrees
lower, take out “death” from the scale as well.
o 5. It did not declassify the crimes as “heinous.”
Only the penalty imposed is affected.
 When is the duration of penalties computed from?
in o 1. If the offender is in prison, from finality of
judgment of conviction
o 2. If not in prison, from placement at disposal of
judicial authorities to enforce penalty
o 3. Other penalties not involving imprisonment –
from day when he commences to serve the
sentence
49
 When are detainees credited with the whole duration of o What is the difference between perpetual and
preventive imprisonment? temporary?
o 1. Full time, if the detention prisoner agrees to  In temporary, #2 and #3 only lasts until
abide by the same disciplinary rules as convicted term of sentence
prisoners  What is the effect of perpetual or temporary special DQ?
o 2. 4/5 time, if he does not agree to abide by the o 1. Deprivation of office, employment, profession, or
same rules calling affected
o When is there no credit? o 2. DQ for holding similar offices or employments
 1. Recidivists  How long does #2 it last?
 2. Those convicted at least 2 times of any  If perpetual, forever
crime  If temporary, during term of
 3. Upon summoned for execution of sentence
sentence, they failed to surrender o What about perpetual or temporary special DQ for
voluntarily the exercise of the right to suffrage?
o What if the period of preventive imprisonment has  Deprivation of right to vote or be elected
exceeded the maximum penalty allowed? for public office (perpetual or temporary)
 Immediately release, but continue with trial  What is the effect of penalty of suspension from public
or appeal office, profession, calling, or right to suffrage?
 If it’s destierro, the maximum period is 30 o These apply during term of sentence
o And if suspended from public office, cannot hold
days preventive imprisonment
o What is the remedy when the person has reached an office with similar functions during suspension
 Is RP the same as life imprisonment?
the maximum penalty imposable?
o No. RP has a fixed duration and accessory
 Habeas corpus
o What if the convict is sentenced to RP or life penalties, and is imposed by the RPC.
o Life imprisonment has no fixed duration, no
imprisonment?
 He is still entitled to the benefits of this accessory penalties, and is imposed by SPLs.
 What is the dual nature of temporary disqualification and
provision.
 What is the effect of penalty of perpetual or temporary suspension?
o As principal penalty
absolute DQ?
o 1. Deprivation of public office even if elected  Temporary DQ: 6 years and 1 day to 12
o 2. Deprivation of right to vote or right to be elected years
o 3. DQ for offices or public employments and for  Suspension: 6 months and 1 day to 6 years
o As accessory penalty:
exercise of any rights mentioned
 Follow principal penalty
o 4. Loss of all rights of retirement pay or pension
 Can a lesser offense absorb a graver offense?
for former office
o Yes. Examples are rebellion (RT) absorbing murder
(RP) when committed in furtherance of the former.

50
 Forcible abduction (RT) absorbs illegal detention of
a woman (RP).
 What is the nature of Reclusion Perpetua?
o RP is an indivisible penalty.
o There is no minimum, medium, or maximum period.
o It is not affected by mitigating or aggravating
circumstances.
o So why does RA 7659 fix the duration at 20 years
and 1 day to 40 years?
 In order to avoid a lacuna because RT caps
out at 20 years. The provisions discussing
RP provide that at 30 years, the offender is
entitled to parole, while service of penalty
is at maximum 40 years. Thus, the period
for RP has become 20 years and 1 day to 40
years. (It would be absurd to set it at 30
years to 40 years, since there will be a
gap.)
o What is the minimum period of imprisonment for
RP?
 30 years, after which the offender will be
eligible for pardon by the Chief Executive.
(Although there is nothing preventing the
Chief Executive from pardoning the
offender beforehand.)
o What is the number used in pegging the “three fold
rule” for RP?
 30 years as well. Since that article
provides that when the culprit has to serve
at least 2 penalties, the maximum duration
of the sentence should not be more than 3-
fold the length of time corresponding to the
most severe penalty.
 What are the indivisible penalties?
o 1. RP
51
o 2. Perpetual absolute or special DQ
o 3. Public censure
 What are the effects of indivisible penalties?
o Impose the penalty in its entirety
 Even if there is a special aggravating or
two mitigating, it will not be affected.
o BUT if there is privileged mitigating circumstance,
it may be reduced by 1 or 2 degrees.
 Exceptional situations:
o P.D. 818 Syndicated Estafa:
 Maximum of crime is 30 years, which in
connection with the accessory penalties
shall be 30 years of RP
o People v. Canales – imposed 40 years of RP, with
accessory penalties pertaining to death, and
cannot be pardoned until after 40 years have
passed.
 How did the court reach this decision?
 Because under Art. 309 of the RPC,
theft is punishable by maximum of
RT. But for Art. 310, qualified theft,
penalty is two degrees higher. This
is death.
 But the rule under Art. 74 is that if
the next higher penalty is death, it
becomes RP, with accessory
penalties of death. This is also the
reason why he cannot be pardoned
before 40 years have lapsed,
instead of 30.
 N.B. Note, however, that Boado believes
that there is no more such distinction now
that the DP has been abolished.
 When a penalty of fine is imposed, what is the order of
payment of pecuniary liabilities?
 o Read in conjunction with Art. 38 (order of payment
of pecuniary liabilities):
 1. Reparation,
 2. Indemnification,
 3. Fine,
 4. Cost of proceedings
o To whom is the fine given?
 Not given to the complainant; it is given to
the State.
o Can accused use its cash bail bond to pay his fine,
if convicted?
 Yes. The law does not prohibit him from
using his cash bail bond to pay his fine. It
is only meant to ensure his attendance
during the process.
 Conflict of provisions leading to confusing rulings, if the
fine is exactly 200 pesos:
o In Article 9, P200 is a light penalty. In Article 26,
P200 it is a correctional penalty.
o To harmonize:
 When the issue is prescription of crime,
apply Art. 9.
 When the issue is prescription of penalty,
apply Art. 26.
 What is preventive imprisonment for children in conflict
with the law under RA 9344, sec. 53?
o Any form of physical restraint imposed on a child
in conflict with the law including his community
service or commitment to a rehabilitation center
shall be considered as preventive imprisonment.
o If the minor juvenile is imprisoned pending trial –
he shall be credited with the service of the
sentence with the full time in which the child was
preventively imprisoned
 Provided the child agrees with the rules
and regulations of the penal institution
52
 If not, still entitled to 4/5ths of the time
 Under Art. 104 of the RPC, the offender is civilly liable to
the offended party for restitution, damage, reparation, and
indemnification for consequential damages. The liability
of the accused (under Art. 104) covers civil liabilities or
pecuniary liabilities. How about the penalty of fine under
Art. 38 of the RPC in relation to Art. 39?
o It is also a pecuniary liability of the accused, but it
is a pecuniary penalty (and not a pecuniary
liability), because it is a penalty under Art. 25 of
the RPC.
o So it is still covered by the order of payment.
 What is civil interdiction and what rights does it cover?
o Accessory penalty that attaches to RP and RT.
o Deprivation of the following rights –
 1. Parental authority
 2. Guardian as to person/property of ward
 3. Martial authority
 4. Management of property
 5. Disposition of property by acts inter
vivos
 So he can still make a last will and
testament
o Cannot appoint an agent to fulfill these tasks
Art. 39: subsidiary imprisonment
 When is subsidiary imprisonment imposed?
o Subsidiary imprisonment can only be imposed if
the accused is penalized with a fine (either alone
or in conjunction with imprisonment), and because
of insolvency, he cannot pay the fine.
 How long is the subsidiary imprisonment?
o If penalty is PC/arresto + fine – confined until the
fine is satisfied under the conversion
 Whichever is the least among:
 1. 1/3 of his sentence term
 2. 1 year
  3. Quotient of fine divided by 8
pesos
o If penalty is just a fine –
 Subsidiary imprisonment must not exceed 6
months for grave or less grave felonies
 Must not exceed 15 days for light felonies
o If penalty is higher than PC, no subsidiary
imprisonment
 Can the convict be ordered to serve
imprisonment for failure to pay pecuniary liabilities?
o No. The convict cannot be ordered to serve
subsidiary imprisonment for failure
pecuniary LIABILITY; but he can
pecuniary PENALTY.
 If he is not insolvent, but he does not want to pay the fine,
can he choose to go to jail instead?
o No. The accused has no choice but to pay the fine.
 Will subsidiary imprisonment apply for SPLs?
o Yes. If the accused was convicted of a crime
defined by SPL, Art. 39 will still apply, taking into
account Art. 10 of the RPC.
 Ex: Violation of BP 22
 Supposing he was convicted for possession of unlicensed
firearm and sentenced to prison term but he was
insolvent. Subsidiary imprisonment?
o Yes. Again, Article 39 is consistent with Art. 10.
 Must there be an express statement in the dispositive
portion imposing subsidiary imprisonment?
o Yes. Subsidiary imprisonment is a penalty. There
must be a statement in the dispositive portion that
if he is insolvent, he must serve subsidiary
imprisonment. Absent this specific order in the
dispositive portion, he cannot be compelled to
serve this. (Ramos v. Judge)
 What is the financial standing of the culprit improves?
o He has to pay. Subsidiary personal liability does
not relieve him from the obligation to pay the fine
in case his financial standing improves.
 When can there be no subsidiary imprisonment?
o If the penalty is higher than prision correccional,
there can be no subsidiary imprisonment.
 Toledo v. Superintendent, citing Bagtas v. Director of
Prisons, supposing the accused is charged with 2 or more
subsidiary offenses and there was 1 decision that convicted him of
all the charges. How do we determine the 6-year limit?
o Where this situation exists, the 6 year period limit
to pay shall be based on the total duration of the
serve for penalties imposed by the court based, after the
joint trial, on the 3-fold rule under Art. 70 of the
RPC. If the totality of the penalties exceed 6
years, no subsidiary imprisonment shall not be
imposed, even if the penalty for each of the crimes
is less than 6 years.
 What are the accessory penalties?
o RP and RT:
 Civil interdiction for life or during period of
sentence as the case may be
 Perpetual absolute DQ
o PM:
 Temporary absolute DQ
 Perpetual absolute DQ from right to
suffrage
o PC:
 Suspension from public office
 Suspension from right to follow profession
or calling
Perpetual special DQ from right to suffrage

 If imprisonment exceeds 18 months
o AM, Am:
 Suspension from office
53
  Suspension of right to suffrage during term
of sentence
Art. 45: forfeiture of the proceeds of the crime
 Who has the power to order forfeiture of the proceeds of
the crime and the instruments or tools used in the crime?
o Only the trial court which rendered conviction of
the accused may order this.
o But before the court may do so, the tools or
instruments must be presented to the court as
evidence. Otherwise, the court has no jurisdiction
to order the forfeiture or destruction of such.
o In case of bribery, the money used may be
forfeited in favor of the state.
 What if the tool or instrument belongs to some other
person?
o The tool or instrument MUST belong to the
accused himself. If it belongs to some other
person and he has no involvement in the crime,
there can be no such declaration.
 Does this provision apply to SPLs?
o Yes.
 When may the court order destruction of the items?
o If the items are contraband.
 What is the rule under the Dangerous Drugs Act?
o Those subject of the crime, including proceeds
derived from drug trafficking, and even money and
assets acquired in violation of RA 9165 – deemed
and ordered forfeited in favor of the government,
unless belonging to third persons without
involvement of the crime.
o Exception to third person rule: if the items are
beyond lawful commerce – still forfeited
o Under Sec. 20 of the same law, the proceeds of the
sale or disposition of the property forfeited must
54
be used to pay the expenses incurred in the
proceedings including cost of the proceedings
Art. 48: complex crimes
 When is there a complex crime?
o Material Plurality – when a single act constitutes
two or more grave or less grave offenses (delito
compuesto – composite crime), or when an offense
is a necessary means to commit the other (delito
complejo – complex crime proper)
 What is the effect on the penalty?
o There is only one penalty, although there are
multiple crimes
o The more serious crime’s penalty is imposed in
maximum period
Delito compuesto (first mode)
 When is there delito compuesto?
o Either dolo or culpa
 Ex.: person was convicted for reckless
imprudence resulting into homicide and
destruction of property
o The felonies resulting from the single act must be
felonies in the RPC
o If punishable under the RPC and an SPL, Art. 48
will not apply. The offender may be charged and
convicted for both crimes, separately without
double jeopardy.
 Ex. Estafa and illegal recruitment
 Ex. Estafa and BP 22
 Can Art. 48 apply if the constituent acts are less grave
felony and light felony?
o No, light offenses are not included (see excerpt).
 If under Art. 48, the maximum of the graver penalty is
imposed, is it a special aggravating circumstance?
o No.
 What if the accused is entitled to a generic mitigating
circumstance, will it offset?
o No, unless it is a privileged mitigating
circumstance.
 Supposing one wants to kill another with treachery, but
there was abberatio ictus?
o Then the crime committed by the accused is a
COMPLEX CRIME.
o Attempted murder + murder
 The accused stabbed the victim with a bolo, and the bolo
hit both the person and the person behind him. The target
died. What is the crime?
o Complex crime of murder and SPI.
o (Note that as to the second person, it was just SPI
because there was no intent to kill him.)
 The accused forcibly insert his penis into the vagina of
the woman and she sustained Less SPI in her vagina.
What is the crime?
o Complex crime of rape with LSPI
 The accused stabbed his wife to death, and she was 6
months pregnant at the time. What is the crime?
o Complex crime of parricide with unintentional
abortion.
 What is required for delito compuesto?
o The law is clear: a single act. But the SC
sometimes applied the single impulse test or the
single criminal intent test.
o Gamboa v. P, cited in P. v. Judge Pineda: there must
be singularity of the criminal act, not singularity of
the criminal impulse. Because singularity of
criminal purpose is NOT written in Art. 48.
 The SC applied single impulse test for the first time:
o X stole on the same occasion 13 cows. SC held:
one crime of theft even if there were 13 cows,
applying single impulse test.
55
o Y took two roosters on one occasion. SC held: one
crime of theft because it was in response to one
criminal impulse.
 In crimes against chastity, the SC adopted another test:
single criminal intent:
o X raped his niece at 10 am, and then again at 11
am at same grassy area. One crime of rape, even
though committed in intervals of one hour,
because he was motivated by a single criminal
intent.
o Y inserted private organ and raped the victim, but
he was not content; he also inserted his finger at
the same place and at the same occasion. The
accused is guilty of one count of rape and 2 counts
of sexual assault: same place, same occasion.
o Z inserted his penis into the vagina of the victim
and made several push and pull movements but
without removing his organ, until he reached
orgasm. Only one crime of rape, because he
reached orgasm only once then he removed it.
o W raped his niece once a day and inserted his
finger once a day, for 16 successive days in
different locations. Guilty of as many crimes of
rape and sexual assault equal to how many times
he inserted his organ and finger.
 Reasoning: there could not be a single
criminal intent because each time he
committed the crime, was on different days
– the accused was animated by separate
criminal intents on each occasion.
o V raped the victim for first time is the pig pen,
about 8 meters from the house. Then brought her
to the room and raped her again. Then brought
victim room of cousin, and raped again. Brought
her to kitchen, where he raped her again. There
 were separate criminal intents because he raped
the victim in different places although the rapes
were done successively.
o What is the test then?
 The “place test”
 NOTE, however: P v. Escoton: Convicted
person for 5 counts of rape even if it was in
the same place, and at the same night. Be
forewarned that this might be the new rule
now (2010 decision).
 What test will be applied for kidnapping? Single impulse
or single intent?
o Even if the persons were kidnapped on the same
occasion and place, there were as many crimes of
kidnapping as there were persons.
o Kidnapping with homicide, K with murder, K with
rape are all special complex crimes, and not
complex crimes under Art. 48 of the RPC. Even if
the homicide or rape is a mere afterthought, this
would be the crime.
o If the victim of kidnapping got raped, how many
crimes of special complex crime of kidnapping and
rape?
 There are as many times of crimes of
kidnapping and rape as the number of
persons kidnapped and raped.
o What is the test then?
 “Number of persons”
 Will you apply the single criminal intent or resolution test
in mala prohibita?
o No. Lim v. P: X issued 3 bouncing checks on the
same occasion. There are as many violations of
BP 22 as there were many checks. The criminal
intent or resolution test does not apply because it
is mala prohibita.
56
 What about falsification of documents? Must one apply
the single criminal intent or resolution test?
o X convicted of only one complex crime of estafa
through falsification of three postal money orders
which she cashed in on the same day. Since it was
the same occasion, the acts were considered as
only one act of estafa through falsification of
commercial document.
o Y falsified three money orders separately. Here,
each act constitutes a separate crime, because Y
was animated by separate impulses, in falsifying
each voucher.
o Z, an employee of the SC, falsified the roll of
attorneys. Included 3 names. HELD: As many
crimes of falsification as there are many persons.
o X antedates a public document, forges the
signatures therein, and changes its content. Is he
guilty for three counts of falsification of the
document?
 No. There was only one crime of
falsification of public document, although
there were multiple modes of falsification
committed.
o Gamboa v. CA: There was no single impulse, intent,
or resolution test mentioned in Art. 48. It
mentions “a single act.”
o Compare to Ilagan v. CA: X is a real estate agent
who fraudulently collected from lot buyers, but
instead of turning over the proceeds to the
corporation, he kept them. How many crimes of
estafa did he commit?
 As far as the lot buyers were concerned ,
there were as many crimes of estafa as the
number of times the petitioner fraudulently
collected from the victims.
  As far as the corporation is concerned, it
depends on obligation to account. If he is
obliged to account everyday and he fails to
do so, there are as many crimes of estafa
as the number of days he failed to account.
If he is obliged to account every month, he
is guilty for every month he fails
account.
 What is the rule for libel?
o Even if two or more persons were subject to libel,
if there was only one publication, there is only one
crime of libel.
 What is the rule for adultery? Is is a “delito continuado”
(continuing crime)?
o Adultery is not a delito continuado. Each sexual
act is an offense. Adultery is consummated and
exhausted at the time of carnal union.
 Crimes against persons:
o X and Y, constabulary officers, killed around 50
people with guns. What is the crime?
 Convicted of complex crime of multiple
murder under Art. 48(1), applying single
impulse test.
 N.B. the court just resorted to this because
they couldn’t tell who killed who.
o There were several killings inside Bilibid prison.
What was the crime?
 Decision by J. Aquino: Multiple counts of
murder and multiple counts of attempted
and frustrated murder. Again, the SC
applied single criminal impulse test.
 Dissent by J. Makasiar: Read Art. 48 –
single act. It doesn’t say single criminal
impulse.
 On an MR: J. Aquino reneged, considering J.
Makasiar. If it is prisoners, apply Art. 48. If
NOT prisoners, then separate crimes. This
is really strange.
o But what MUST be the rule, according to P v.
Pineda?
to  DO NOT APPLY SINGLE IMPULSE TEST.
Just read Art. 48: it requires a single act.
o Several accused had automatic, high powered
guns and killed several people. When they pulled
the trigger, several bullets shot out. What was the
crime?
 Complex crime of multiple murder and
multiple attempted murder. Although
several independent acts were done, it was
not possible to determine who among them
killed how many victims.
 The accused showed a single criminal
impulse based on the statement “my gosh,
di natin napatay lahat.” The SC also used
conspiracy as basis.
o But see P v. Dalmacio: Armalite guns fired
successively, and explosives, killed several and
seriously wounded others. The accused were
guilty for as many crimes as how many people
were injured.
 Malversation:
o There may be a complex crime of malversation
through falsification of official documents – a
crime being done to commit another crime.
 Can you apply Art. 48 to plunder?
o No. Plunder is unique. One cannot apply Art. 48.
Although there maybe some predicate crimes, only
ONE CRIME is committed.
 Article 48 does not apply to special complex crimes:
57
 o Ex. robbery with homicide, robbery with rape, o Take into account absorption of felonies. If the
robbery with intentional mutilation intention was to rape, and the victim was brought
o Ex. kidnapping with murder, kidnapping with rape, to a place in light of rape, then there is rape only –
kidnapping with homicide abduction is absorbed by rape.
o But there may be a complex crime of forcible
Delito complejo (second mode)
abduction with rape. What are these cases where
 When is there delito complejo?
it not absorbed and when it is absorbed?
o One felony is the necessary means to facilitate or
 Ex. Victim abducted and brought to grassy
ensure the commission of another felony. If one
area near her house, where she was raped.
felony is indispensable to the commission of
Abduction was absorbed since it was near
another, then Art. 48 DOES NOT apply; there is only
her house.
one crime.  Ex. Brought to place 600m from her house,
o Bottom line: Must be necessary but NOT
where she was raped. Abduction was
indispensable.
STILL absorbed by rape.
 Is it possible that one is delictual and the other is
 Ex.: Abducted to place 100m from her
culpable felony?
house – forcible abduction with rape. What
o Yes.
is determinative? SPECIFIC INTENTION OF
o Ex. Cashed check on behalf of an impostor. The
OFFENDER AND NOT THE DISTANCE
employee of the bank did not bother to check,
o What if there was abduction, and then there were
since they are friends.
three rapes done after?
o Due to the employee’s failure to ascertain identity
 The moment the first rape was committed,
of payee, there was Estafa through falsification by
then forcible abduction with rape was
culpa. The latter was the means to commit the
consummated. So the second and third
former.
rapes were SEPARATE crimes. There is one
o Why can a public document be falsified through
complex crime, two separate simple
culpa?
crimes. (This is en banc decision.)
 Because for official or mercantile
 But there are some commentators that say
documents, there is no need to prove that
that the subsequent rapes must be
there is intent to cause damage.
absorbed since abduction is a continuing
 The intent to cause damage is only
crime.
required for private document. Therefore,
 If the accused abducted two women at the same time,
there is no falsification through culpa for
and then raped both?
private documents.
o Guilty of TWO counts of forcible abduction with
 What about forcible abduction with rape: related with Art.
rape.
342 and rape/sexual assault (Art. 366-A)?

58
 Can robbery with force upon things be taken together o Political crimes are those directly aimed against
with robbery with violence against persons as a complex the political order. Any common crime committed
crime? in furtherance of a political crime is absorbed.
o Yes. The former can be a means to commit the o The common crimes are absorbed because they
latter. are necessary to achieve the political purpose.
 When does delito complejo not apply? o What about illegal possession of firearms?
o 1. Indispensable to the second crime  Yes, it is absorbed. See RA 8294.
o 2. Essential element or mode of committing  Art. 48 is for the benefit of the offender, under the pro reo
another felony principle. How so?
o 3. Merged with another crime o Because even if there are two crimes committed,
o 4. Felony is committed to conceal another crime the law only punishes the offender for one,
 A company officer falsified two private documents to although it is in the maximum period. In the eyes
make it appear that there were two extra employees, even of the law, the two crimes stem from a single
if she really just kept the wages for herself. Can one criminal intent – this is less perverse in the eyes of
apply Art. 48(2) for estafa through falsification of private the law compared to punishing him for two crimes.
document? o Does this apply to the second part of Article 48?
o No. There can be no complex crime of estafa  Yes, because the first act was only a means
through falsification of a private document, done to commit the second crime. There is
because the latter must have 1. Intent to cause still one criminal resolution.
damage, and 2. Damage caused. For estafa, the o How did the SC reason this out in P v. Hernandez?
same elements must apply. The moment the  Absorption in political crimes.
falsification was established by intent to cause  Read the dissent of J. Montemayor. He said
damage, the same element CAN NO LONGER BE that pro reo should not apply to the second
USED to establish estafa. paragraph because he committed two
o The crime instead is falsification of private crimes, unlike in the first paragraph.
document. If the estafa can be committed without  The majority rejected this by pointing out
the falsification, the proper charge is estafa. Art. that both means were included in the same
48 does not apply. provision. If the treatment for the second
o If it is falsification of public or mercantile paragraph must be different, then it should
document, can there be complex crime of estafa have been placed in a different provision.
through falsification of public document?  How do you define grave and less grave offense?
 Yes. o Grave: afflictive or capital
 Is coup d’etat a political crime? o Less grave: corrective
o Yes.  Does 48 apply if one crime is under RPC and one is SPL?
o No. It mentioned “felonies.”

59
 o So punish them separately. Ex. violated estafa
and BP 22. Accomplice -1 -2 -3
 If one is under RPC and ordinance?
o No. Punished under both the RPC and the Accessory -2 -3 -4

ordinance violated.
 Can there be a complex crime of arson and homicide?
 What are the rules on reduction of penalties?
o No. It’s either only simple arson or simple
o 1. Single and indivisible penalty  next lower
homicide. NEVER complex. Look at intent. penalty
 What is the penalty for a complex crime?  Ex. RP  RT
o Penalty for the more serious crime, applied in its o 2. Penalty is two indivisible penalties or one or
maximum period.
more divisible penalties imposed to their full
Art. 49: penalty for error in personae extent  penalty next lower in degree as to the
 To which situation does Article 49 apply to? lower divisible penalty
o Only error in personae.  Ex. PM to RT  PC
o N.B. aberratio ictus and praeter intentionem both o 3. Penalty is one/two indivisible penalty and

attract the application of Article 48 instead. maximum period of another divisible penalty 
 What is the penalty for praeter intentionem? medium and minimum periods of the proper
o 1. If the penalty for the felony actually committed divisible penalty and the maximum period of the
is higher than that which he originally intended, next lower
the penalty of the latter in its maximum period.  Ex. RT in maximum to Death  PM in
o 2. If the penalty for the felony actually committed maximum to RT in medium
is lower than that which he originally intended, the o 4. Several periods corresponding to different
penalty of the former in its maximum period. divisible penalties  period following the minimum
o 3. If the act actually committed is an attempt or prescribed and the two next following
frustration of another crime which has a higher  Ex. PM in medium to RT in minimum  PC
penalty if consummated, the penalty of the in medium to PM in minimum
 What are the rules on MCs and ACs?
attempt or frustration in its maximum period.
o 1. If the AC is taking advantage of public position:
Application of penalties  Impose penalty in its maximum regardless
 What are the rules in reduction of the penalties provided of MCs
o 2. If the crime was committed by a person
under law?
o Consult the following table: belonging to an organized or syndicated crime
group (group of 2 or more persons collaborating,
Consummate Frustrated Attempted
confederating, or mutually helping each other for
d
purposes of gain in commission of crime  there
Principal As provided -1 -2

60
 must be an organized group, and not just a (or else, the penalty for the impossible crime
conspiracy): would be greater than the crime itself)
 Impose penalty in its maximum as well  What is the rule for single indivisible penalties (now, only
regardless of MCs RP)?
o 3. ACs and MCs which arise from moral attributes o Apply it in full, regardless of MCs or ACs.
of offender, private relations with offended party, o What is the exception?
or other personal causes:  Privileged MCs.
 Will only aggravate or mitigate liability of  What are the rules applicable for MCs and ACs when the
those to whom the circumstances apply to penalty is divisible?
o 4. ACs and MCs which consist in the material o 1. No AC, no MC:
 Medium period
execution/means to accomplish the act 
o 2. MC only:
 Will only aggravate or mitigate liability of
 Minimum period
those had knowledge of them at the time of
o 3. AC only:
execution or cooperation  Maximum period
 Why are abuse of public position and crime by o 4. Some of both:
syndicate/organized crime group special ACs?  Offset, then apply the above 3 rules
o It cannot be offset by generic mitigating o 5. Two or more MC with no AC:
circumstances  Lower the penalty one degree, but always
 What is the rule for habitual delinquents? in the proper period
o 3rd conviction:  What if there are 2 or more MCs, but there
 Penalty for last crime + PC in medium and is at least one AC?
maximum periods  No lowering by degree.
o 4th conviction:  What if there are 2 or more ACs?
 Penalty for last crime + PM in minimum and  No increasing by degree. There can
medium only be reduction by degree, not
o 5th conviction or oftener: increase by degree.
 Penalty for last crime + PM in maximum to  Ex. if there are four mitigating
RT in minimum circumstances, once you use two to lower
o What is the maximum period imposable for
the penalty by one degree, the other two
habitual delinquents?
are not taken into account.
 Cannot exceed 30 years, in any case
 What if the accused is sentenced to
 What is the penalty for impossible crimes?
reclusion perpetua, has two generic MC,
o Arresto mayor or fine of 200-500
o There is some commentary that the penalty for and no AC. Can it be lowered by one
impossible crime does not apply for light penalties degree?

61
  No. No matter how many MCs there o OR penalty of fine AND imprisonment
are, RP cannot be reduced by o OR penalty of fine or imprisonment
degrees (except privileged MCs)  For example, what If the law provides for a penalty of fine
o To which crime do these rules not apply to, and of not less than 50K to 100K, what can the court impose?
what applies instead? o The court has discretion to impose a fine within
 To quasi-offenses under Art. 365. Instead, these bounds
the court will apply its sound discretion for  Will you apply the ISL by analogy?
o No. It does not apply here.
modifying circumstances instead of these
 If the law specifies penalty of fine OR penalty of
rules.
 What to make of Art. 67 which applies to incomplete imprisonment (Ex. BP 22), can the court impose a similar

exempting circumstance of accident? alternative penalty?

o Article 67 is inoperative. Apply Art. 365 instead, o No. The court must make a definite choice.
 What are the rules in the increase or decrease in the
because incomplete accident is a quasi-offense.
 When do the regular provisions on calculation of penalty degree of the fine?
o Increase or reduce (as the case may be), the
not apply?
o For the privileged mitigating circumstance in Art. maximum by 1/4th of the maximum amount. But

68 of minority (if 15-18 and acted with never change the minimum.
o Ex. 50K to 100K, and there is an AC, then it can be
discernment).
o But what if the minor commits a SPL, which does 50K to 125K (1/4 of 100K), or 50K to 75K.
 Can the judge impose a fine as a substitute penalty to
not follow nomenclature of RPC?
 The minor is not entitled to privileged MC. imprisonment?
 Ex. Life imprisonment in Illegal o No. Fine cannot be used as substitute penalty to

Recruitment imprisonment. Penalty of fine is independent from

 What is the rule for incomplete justifying or exempting penalty of imprisonment.
circumstances?  Accused drew and issued a check to pay for an obligation,
o See discussion above when to reduce it by one or but it bounced. He was charged for BP 22. During trial,
two degrees. Take note that this is a privileged accused paid the value of the check. So there was no
MC and cannot be offset by ACs. more damage to the complainant, but the case was
already pending. May the accused be convicted for a fine
Penalty of fine
still?
 What two factors are considered by the court in imposing o Yes. Penalty of fine does not go to the offended
fines within a range? party but the State.
o 1. Presence of MCs or ACs.  What if the penalty is death?
o 2. Wealth or means of the culprit. o Reduced to RP with no parole.
 What are the scenarios?  What is the rule on successive service of sentences?
o Either the law imposes a penalty of fine

62
 o 1. If they can be served simultaneously, then do o 2nd sentence does not commence until after the
so. first expires.
o 2. Otherwise:  What is the rule on execution of penalties?
 Follow respective order of severity, serve o No penalty executed except by virtue of final
them successively judgment
 What is the order of severity?  When can public censure not be imposed?
 D, RP, RT, PM, PC, AM, Am, destierro, o If the person is acquitted, cannot anymore be
perpetual absolute DQ, temporary subjected to public censure.
absolute DQ, suspension, public  Judge sentenced accused to 25 years RP; can he be
censure compelled to serve sentence?
o What is the 3-fold rule? o No. There is no such sentence as 25 years of RP;
 Maximum duration of the sentence cannot just RP (indivisible).
be more than 3-times the length of time of o Remedy: writ of habeas corpus.
the most severe penalty.  What if the convict becomes insane or an imbecile?
 For RP, treat its duration as 30 years, in o Suspend service of sentence and sent to hospital
calculating the three-fold rule. for necessary treatment
o What is the maximum period for sentences? o But the civil liability should still be enforced in
 Always 40 years. spite of insanity or imbecility of the person.
 Do not include subsidiary imprisonment  What is the nature of destierro?
penalty in the computation of 40 years. o Not permitted to enter the places mentioned in the
 What are the penalties that can be served simultaneously sentence and within radius specified – which shall
with penalty of imprisonment? be from 25-250 KM from the place specified.
o 1. Perpetual absolute DQ
Civil liabilities
o 2. Perpetual special DQ
o 3. Temporary absolute DQ  A minor is exempt from criminal liability. Can the minor
o 4. Temporary special DQ be held civilly liable?
o 5. Suspension o No. The minor is also exempt from civil liability.
o 6. Public censure The parents/guardians are civilly liable.
o 7. Fine o Relate with Art. 221 in Family Code:
o 8. Bond to keep the peace  Parents/guardians with parental authority
o 9. Civil interdiction are civilly liable for the injuries and
 Can destierro be imposed as the same time as damages caused by the acts/omissions of
imprisonment? minors living in their company and under
o No.
their parental authority
 Imprisonment  must be served by the convict
 Subject to proper defenses under law
successively, following the order of their severity, as
provided for by Art. 71

63
 Does a complex crime under Art. 48 automatically mean o If a hospital is owned by a private corporation,
there is only one civil liability? such corporation may be held liable on the basis of
o No. There are still as many civil liabilities as corporate negligence or corporate responsibility.
crimes, because Art.48 is strictly pro reo
a As the owner of the hospital, the private
provision in criminal law and does not extend to corporation is duty-bound to see to it that the
civil liabilities. hospital meets the needs of the patients, including
 Is the adopter civilly liable for the damage caused by the close supervision over medical staff, including
adopted minor? consultants.
o Yes.  When can the employer be exempted from subsidiary
 What are the requirements for the employer to be civilly
liability, or have it lessened?
liable for damage caused by their employees? o If there is collusion between employee and private
o The employee has to be insolvent.
complainant, ex. the claim is inflated, in order for
 Is a teacher liable for student’s acts?
the employer to have more liability.
o Only when engaged in industry.
 In order for employer to be liable, what proof is needed?
 Mere consulting doctors in a hospital negligently left
o There must be proof that the employee is
gauze in the stomach of a person they operated on. Is the
insolvent. This is proven through returns of the
hospital liable?
sheriff.
o Respondeat superior  because there was control
o Can the employer challenge the sheriff’s returns?
exerted by the hospital
 Yes.
o Are these consultants deemed employees?
o At what stage of the proceedings can the employer
 Yes. Because employer-employee
do this?
relationship is not determined by the
 Upon the submission of the sheriff’s return.
nomenclature of the relationship.  If the employee is convicted based on reasonable doubt,
o For medical negligence cases, an employer-
is there civil liability for the employer?
employee relationship exists between hospitals o Yes. The only time there is no civil liability is
and their attending physicians, including medical when the court holds that the accused did not
consultants. commit the acts on which the charge was based
 Ratio: The performance of these doctors is
on.
evaluated by a peer review board based on  What is the rule on registered vehicles?
feedback from patients and mortality o Regardless of who the actual owner of the motor
statistics. The private hospitals can vehicle might be, the registered owner is the
hire/fire/exercise control over the operator of the same with respect to the public or
consultants. third persons. The owner on record is the
 The hospital is owned by a private corporation. Is the employer of the driver; the actual operator and
private corporation civilly liable for the negligence of the
consultant-doctors?

64
 owner are mere agents of the registered owner of  What is restitution, and what are its rules?
the vehicle. o Must return the thing itself if possible, with
o The registered owner is subsidarily liable (not the allowance for deterioration or diminution of value
lessee), but the registered owner can recover from o What if a third person acquired a property that was
the lessee. subject of crime?
 When are civil liabilities applicable?  Offended party can still recover the item
o Whether the offense is punishable by law or not. from that person
(Because it can be based on contracts or quasi-  But the buyer in GF is entitled to
delicts). There may be victimless crimes or crimes reimbursement from thief or criminal.
with victims.  If the stolen property cannot be returned anymore, what is
 What is the rule for civil liabilities arising from criminal the remedy?
offenses? o Value of the thing taken.
o The moment the criminal action is instituted, the o When do you determine value? At time of
civil action is instituted along with it. commission of crime or upon order of return?
 Can there be civil penalties for crimes defined by SPL?  Rationale is to bring back the situation to
o Yes; however, there must be evidence that a party, before the crime was committed. Value of
including the government, sustained substantial the property in the commission of the
injury so that the accused may be civilly liable. crime must be the basis.
 If a crime is absorbed by another crime, can there be civil  What is reparation?
liability in the absorbed crime, juridically speaking? o The court must determine the amount of damage,
o Yes. taking into consideration the price of the thing, if
 Ex. for political crimes like rebellion, possible, and special sentimental value to the
sedition, etc. there can be murder or rape. injured party.
These are absorbed by the political crime;  What other liabilities aside from restitution and
nevertheless, there is civil liability for reparation?
these acts. o Under NCC, for one to be able to recover actual
 Ex. there is criminal liability for homicide, damages, he must be able to prove by
even if absorbed by arson. documentary evidence the actual damages
 X issued a post-dated check in payment of a current sustained by him
obligation. It bounced. How many crimes? o If he cannot prove actual value of actual damages,
o Two: BP 22 and estafa. what must one prove to be entitled to temperate
o Will X have to pay twice for the value of the check, damages?
considering there is only one check?  Claimant need not prove actual amount, as
 No. Even if there were two crimes, there long as there is proof that there is loss.
was only one check, thus there should only  Court may grant temperate damages, as
be one payment of the check. long as reasonable.

65
 P v. Billaber: In a charge for illegal recruitment, the money o When a crime has one or more ACs, exemplary
paid by the applicant (placement fee, etc.), damages may be imposed
o 12% interest on the return of the amount paid from  In criminal law, an AC not alleged in the information
time of filing of the case until the amount has been cannot be considered. Does the same rule apply for ACs,
paid. which can be the basis of exemplary damages under the
 Palana v. P: The petition was convicted for BP 22. NCC?
Ordered to pay to offended party the amount of check o No. The word “aggravating” in NCC should be
with interest (6%) from filing of information until the applied in its generic sense since it does not
finality of the decision + 12% per annum from finality of distinguish. Includes specific aggravating,
decision until the amount was paid. qualifying circumstances, etc. These are distinct
 What are the rules for actual damages? and separate from penalty of fine in the RPC.
o 1. For crimes and quasi-delicts  liable for all o Even if not alleged in the complaint or information ,
natural and probable consequences of the act or if proven = can lead to exemplary damages. The
omission rule is under the NCC and not the RPC, after all.
o 2. Liability may be increased or decreased o Ex. Even if treachery is a qualifying circumstance
depending on aggravating or mitigating under AR 248, it can be treated as a generic
circumstances aggravating circumstance for the purpose of
o What damages may be recovered? imposing exemplary damages
 Actual or compensatory, moral, exemplary, o May exemplary damages be awarded in arson?
temperate, nominal, etc.  Yes. “It is an anti-social act.”
 Reparation, restitution, indemnification for o Can relationship be the basis to grant exemplary
consequential damages damages?
 Not only actually value lost, but also lost  Yes. Relationship may be a basis for
profits. granting exemplary damages even if it is an
 Under what circumstances can moral damages be inherent element of the crime (ex.
recovered? parricide).
o 1. Crimes leading to physical injuries  When are temperate damages recoverable?
 Includes death o The heirs of a deceased in homicide, murder,
o 2. Quasi-delicts
parricide are entitled to actual damages, as proved
o 3. Seduction, abduction, rape, or other lascivious
by requisite documentary evidence. If the actual
acts
damages are not proved, the court may prove
o 4. Adultery or concubinage
o 5. Illegal or arbitrary detention, arrest, or search temperate damages.
o 6. Libel, slander, or defamation Check Annex 1 for detailed numbers on civil liabilities
 When are exemplary damages imposed?

66
MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY  Absolute pardon granted by President
restores civil rights, but for these two
Extinction of criminal liability specific rights (suffrage and holding public
 How is criminal liability extinguished? office), it must be specifically granted by
o 1. Death of the convict as to personal penalties the pardon
 For pecuniary penalties, if death of the  What is the rule on pardon under Art. 344?
o The offended party may grant pardon to both
offender occurs before final judgment
o 2. Service of the sentence offenders, in the crime of concubinage and
o 3. Amnesty adultery.
o 4. Absolute pardon o Offended party may pardon before institution of
o 5. Prescription of the crime criminal complaint.
o 6. Prescription of the penalty o If there is conviction by final judgment, the
o 7. Marriage of offended party as provided in Article President may grant PARDON EVEN IF it is a
344 of the RPC private crime.
 When does death extinguish the civil liability of the  When does marriage become a condonation?
accused and when does it not? o Under 8353, the marriage between offender and
o When the civil liability arises from the criminal act. offended party in rape or sexual assault will
 Civil liability of accused extinguished by extinguish criminal liability and the penalty
death includes duty to restitute the already imposed.
proceeds of the crime. o So even if the marriage happened during service of
o But civil liability predicated on a source other than sentence, the penalty already imposed is
the delict survives. In this case, it can be extinguished.
executed against the estate. o Supposing there are 3 accused: principal by direct
 Contrast absolute pardon from amnesty: participation, principal by indispensable
o Pardon: does not look back; looks to the future and
cooperation, and an accomplice – if there is
is not retrospective
marriage between principal by direct participation,
 If he is pardoned and commits a crime of
does this extinguish liability for the other
the same title, he is still a recidivist
accused?
o Amnesty: everything is extinguished
 Yes, they are benefited. This was the intent
o Pardon is a private act of the President and must
of the Senate when they removed the
be proved by the accused, unlike amnesty, where
original proviso stating that the co-
the court can take judicial notice because it is a
principal, accomplice, and accessory do
public act with the concurrence of Congress.
o Effects on right to suffrage and right to hold public not benefit (through Sen. Enrile’s
office: statement).

67
 Suppose an accused made perjurious statements in a
petition for naturalization. He was found out. He decided
to withdraw the petition for naturalization. Does this
extinguish liability?
o No. This extinguishes merely the application but
not the liability for a crime already committed
 What is the amnesty period rule under BP 22?
o For BP 22, when a check was issued, there were
no funds. But when presented, there already were
funds  No liability in this case.
o If there were still no funds when presented, there
is “amnesty period” for 5 days to pay. If paid  No
liability.
Prescription of crimes
 When do crimes prescribe?
o Death, RP, RT  20 years
o PM, other afflictive penalties  15 years
o Correctional penalties  10 years
o AM  5 years
o Light offenses  2 months
o Libel and similar offenses  1 year
o Oral defamation, slander by deed  6 months
o N.B. Remember 20y-10y-2m as the usual rule; then
remember that the two “mayors” are 5y less than
their brethren. Remember, finally, that libel and
slander are 1 year and 6 months, respectively.
 If the penalty imposed on the convict is a compound one,
what is the basis for prescription?
o The highest penalty.
 What is the nature of destierro?
o Destierro is correctional: prescribes in 10 years
 What should be considered to determine whether the
crime has prescribed or not?
o 1. Period of the offense charged
o 2. Period when it begins to run
o 3. Period when it is interrupted
68
 Act 3326: the law defining how to compute prescription
for crimes under SPL
o But there are SPLs that themselves provide for
manner of computing prescription
o Ex. OEC  5 years
 What is the rule under Act 3326?
o Prescriptive period: from when it is known to the
offended party or to the State or agents
o If not known when committed, when discovered by
the offended party or the State or its agents
 What do you mean by offended party?
o Private party or government or its agents
 When does the period start running?
o When crime is discovered by the offended party,
authorities, their agents
 When is the period interrupted?
o 1. Counted when complaint filed for preliminary
investigation with public prosecutor or the OMB.
 What if it’s a crime punishable under
Summary Procedure?
 When it is filed directly with the
court
 Or when it is filed with the
prosecutor
o 2. Offender is outside the Philippines – this does
not contemplate very brief trips abroad
 When does the period resume?
o 1. When proceedings terminate without the
accused being convicted or acquitted
o 2. When proceedings are unjustifiably stopped for
reasons not imputable to the accused
 How about continuing crime? When does period being to
run?
o Prescriptive period runs after the occurrence of
the LAST act.
 Supposing a document is executed (ex. REM) and it is Indeterminate Sentence Law
falsified. When does the period run?  What is the nature and purpose of the ISL?
o For documents required to be filed with the Reg. of o For benefit of convict, and to increase economic
Deeds, period begins to run upon filing with the contribution.
ROD. o Purpose: to individualize the administration of Phil.
 But what is the rule for marriage? penal law.
o Prescriptive period should begin to run from when o Looks at convict as private individual, and
State or agents or offended party acquired actual secondly as member of society as a whole.
knowledge of the second marriage. Unlike o The State is concerned not only in protecting
property registration, registration of marriage is social organization against criminal acts of
not constructive knowledge of marriage. destructive individuals, but also in redeeming the
Prescription of penalties individual for economic usefulness and other
social ends.
 What are the prescriptive periods for penalties?
 What is the court’s role under the ISL?
o Death and RP  20 years
o Court must determine the maximum of the
o RT, PM, other afflictive penalties  15 years
o Correctional penalties  10 years indeterminate penalty, and then the minimum.
o AM  5 years  How is the maximum determined?
o Consider modifying circumstances. Note that the
o Light penalties  1 year
o N.B. This differs from prescription of crimes in the privileged mitigating circumstances must first be
ff ways: considered.
 1. RT drops from 20 years to 15 years  How is the minimum determined?
 2. Light penalties increase from 2 months o Minimum is one degree lower than that provided by
to 1 year the RPC.
 3. Libel and slander have no special periods o The minimum is within the whole range of the next
 When does prescription of penalties start to run? lower penalty, not necessarily in the same period
o The prescriptive period for penalties begins to toll as the maximum penalty. Thus, the period of the
when the accused commits the crime of evasion of minimum and maximum need not be the same.
service of sentence. o Minimum: court has unlimited discretion within the
 When is it interrupted? range of the minimum of the penalty one degree
o 1. Defendant surrenders lower than the penalty imposed by law
o 2. Defendant captured  Who cannot avail of ISL?
o 3. Goes to foreign country where the Philippines o [grave crimes]
has no extradition treaty o 1. Convicted and punished with death, life
o 4. Commits another crime before expiration of imprisonment, RP
period

69
  For the purpose of ISL, life imprisonment o Offenders who commit crimes while on parole are
and RP are synonymous. disqualified from ISL.
o 2. Committed: o This lasts for a certain period of time.
 Treason, misprision of treason, proposal to o If he complies with the conditions of the parole,
commit treason; the Board of Pardons and Parole will give out final
 Rebellion, sedition, espionage; release and discharge.
 Piracy  What if the offense is punished under an SPL with a
o [personal circumstances] definite range provided for the penalty?
o 3. Habitual delinquent o The court still imposes an indeterminate sentence,
o 4. Escaped confinement or evaded sentence
using the minimum and maximum periods provided
o 5. Violated conditional pardon
by the law as limits.
o [too short]
o 6. Maximum term of not more than one year Probation Law
o 7. Those already sentenced by FJ upon passage of
 What are the conditions that should accompany a grant of
Act
probation?
 Obviously not applicable now, since those
o Mandatory conditions:
incarcerated then are now dead or out of  1. Report to designated probation officer
prison within 72 hours after receipt of order
 Does ISL apply to fines?  2. Report periodically to the officer at least
o No, the ISL does not apply because it applies only
once a month or sooner, as determined by
to penalty of imprisonment with divisible penalty.
the officer
 There are laws which expressly provide that the convict is
o Discretionary: the court will specify these
not entitled to the benefits of the ISL and parole. Ex.  What is a penalty subject to probation?
terrorism law. o Must not exceed 6 years (PC).
 When can a straight penalty be imposed? o Fine must not be 200 pesos or more.
o When BOTH minimum and maximum durations of  Who are disqualified from probation?
imprisonment are less than 1 year (outside o [Type of conviction]
coverage of the ISL). For instance, in this case, o 1. Sentenced to maximum term of more than 6
the maximum was four months and one day. The years
court imposed a straight penalty of 60 days. o 2. Convicted of subversion or any crime against
 What is parole? national security or public order
o When the person serves the minimum of the ISL, o 3. Those who have perfected appeal
he may apply for parole. He will be allowed to o [Had prior record]
leave the penal institution under certain o 4. Previously convicted by FJ of offense punished
conditions. (Ex. do not commit crime, etc.) by imprisonment not less than 1 month and 1 day
and/or fine not less than 200

70
 o 5. Once been on probation He filed petition for probation but was denied for
o [Not likely to be applicable] appealing. He claimed he did not appeal from CA
o 5. Already serving sentence upon effectivity of decision. Is X entitled to probation?
probation law o No probation, because “appeal” that matters is
 Again, this is unlikely to apply now appeal from the trial court, not the CA.
 Differentiate disqualification from denial:  What is the additional rule in RA 9372?
o Denial is when a person is qualified for probation o Those who commit terrorism are not entitled to
but it is not granted because of, for instance, probation.
dubiety in character.  What is the remedy if the court denied petition for
o Note that probation is a privilege, not a right. probation?
Even if you are not disqualified, it doesn’t mean o If there was GADALEJ, the remedy is Rule 65
you are automatically qualified. (Certiorari)
 What is the number one rule?  Soriano v. CA: In the probation that was granted, a
o if you file appeal, you lose benefit of probation. If condition was that he has to submit a program of payment
you file for probation, you cannot appeal. for the civil liability. He did not pay. The probation was
 When must application for probation be filed? revoked for failure to comply. Went to the CA:
o Within period for perfection of an appeal.
“unconstitutional because he is being imprisoned for
 What is the effect of probation?
o 1. The sentence is suspended nonpayment of debt” HELD: Wrong contention!
o 2. If the probation is violated, the entire sentence Imprisoned for not complying for condition of probation,
is served not for nonpayment.
 What is the rule on Probation of minors? I: CRIMES AGAINST NATIONAL SECURITY
o If the minor is incorrigible, then he will serve the
TREASON (114)
penalty of imprisonment. But he is still entitled to
probation.  What is the nature of treason?
 How did R.A. 9344 amend the Probation Law? o Treason differs from other crimes, because all
o Because normally if you appeal, you lose persons are regarded as principals. Those aiding
probation. But under 9344, it is allowed. or abetting, or even those not present in the scene
 X was sentenced for three crimes, tried jointly. Each had but playing just a small part are considered
less than a 6 year penalty. If you add them all up, principals.
however, they exceed 6 years. Does probation apply? o N.B. This is the only provision in the RPC that is
o Yes. By a vote of 8-7, the SC said he is entitled to based on the constitution of the US (Art 3, Sec 3),
probation. The penalty for EACH crime is and not borrowed from Spain. This includes the
considered, not all the crimes. need to either have:
 X was convicted of frustrated homicide (PM). He  Testimony of two witnesses to the same
appealed to CA, which affirmed, but with modifications. overt act

71
  Or confession in open court
 How can a person commit treason?
o 1. Levying war against the Philippines
o 2. Adhering to the enemy, by giving aid or comfort
 Why must there be an overt act of giving aid or comfort?
o Requirement of overt act of giving aid or comfort is
to make sure that the crime of treason has moved
from the realm of thought to the realm of action.
o In a case, does the mere act of X of letting his
German-aligned son stay in his house constitute
the overt act of giving aid and comfort?
 Yes.
 What is the purpose of the two-witness rule?
o To prevent the possible fabrication of evidence to
prosecute a person. Quantity of witnesses is not
enough; the witnesses must be credible. Each
witness must testify to the same overt act.
o What if the acts are separable?
 If the acts are separable, there must be at
least two witnesses for each separable act.
 No need to have to prove the entire
composite act; enough to have witnesses
prove each component.
 When is there no need for the two witnesses?
o If there is confession in open court, then no need
for two witnesses.
 Is offering comfort women to enemy soldiers giving aid
and comfort?
o P v. Perez: Getting women to satisfy sexual urges
of enemy soldiers is not giving aid and comfort to
the enemy.
o P v. Lozano: Sexual and social relations with
Japanese soldiers do not materially improve their
war effort.
o N.B. J. Callejo disagrees. He thinks this is giving
aid and comfort to the enemy.
72
 Can aid and comfort be made by speech?
o Yes. Aid and comfort may be made by speech.
 Does the ISL apply?
o No. The ISL does not apply to treason. There is a
specific provision.
 Is treason delito continuado?
o Yes. Delito continuado contemplates a series of
acts committed over time, but only instigated by a
single criminal resolution.
o Either a single act, or a series of acts impelled by
a single criminal intent.
 Is dual citizenship a defense?
o No. Dual citizenship is not a defense. There must
have been a prior renunciation of the Filipino
citizenship, and if this is not done, one commits
treason.
 Can treason be committed when a State is occupied?
o Yes, as long as it remains the de jure government,
as when the Japanese occupied the PI.
 There are those who hid the principals in treason or
helped them by giving arms. Can there be accomplices or
accessories in treason? Or are they all principals?
o As long as you performed an overt act, there is an
act of treason already. There can be no
accomplice or accessory in the crime of treason.
 Do exempting circumstances apply?
o Yes. Article 12 defenses APPLY. (Uncontrollable
fear, etc.)
o A minor who committed treason is still entitled to
privileged mitigating circumstance of minority.
 Are Articles 13 and 14 applicable to treason?
o No. The penalty does not depend on 13 or 14, but
on the nature of the crime committed. The SC will
not apply 13 and 14, and will just assess the crime,
according to its barbarity.
 Is treason a specific intent crime?
 o Yes. The specific intent is to deliver the country to
the enemy.
o If you don’t intend to deliver the country to an
enemy, then it is mere rebellion
 Aliens may also be guilty of treason. Under what
circumstances?
o If they are residents of the Philippines, because as
resident aliens, they owe temporary allegiance to
the Philippines. While they are here, they are
under the protection of the Philippines.
 Treason is a war crime. Explain.
o It cannot be committed during time of peace.
may be incubated during time of peace, but once
war commences, treason may blossom into a
crime (only then).
 What is the relationship between treason and common
crimes?
o Treason absorbs common crimes.
 Is there a complex crime of treason with rape, murder,
etc.?
o No. It is a political crime, and thus absorbs these
other component acts. These are essential
elements of the crime of treason; without these,
treason could not be committed.
 What do you mean by levying war? Is the mere
assemblage of armed men with capacity to overthrow the
government enough or is there a need to strike?
o Levying of war means an armed body of men,
committing acts of violence for purpose
overthrowing the government.
o There must be an actual assemblage of men for
the purpose of executing treasonous design by
force. They must be in such a position that they
may overthrow the government. It is not even
necessary that they be armed by high powered
arms, but it is enough that they constitute enough
men to overthrow the government.
o Mere conspiracy to overthrow is not enough ( see
conspiracy to commit treason).
 What is the second mode of committing treason?
o 1. Adhering to enemy
o 2. Through giving aid and comfort
o N.B. BOTH elements must concur. Without one,
there is no treason by the second mode. He must
translate this to overt acts.
 There is difference in quantum of evidence to prove
It adherence and to prove the overt act. Explain.
o Adherence may be proved by direct or
circumstantial evidence.
o The overt act, however, must comply with the two-
witness rule, because treason is such a heavy
crime, in order to prove it, there is a higher bar.
 The offenders committed five overt acts. Must the
prosecution prove all five with two witnesses?
o No. They can prove even just one.
o But note that the witnesses must be credible.
 Is the use of unlicensed firearms aggravating?
o No.
CONSPIRACY AND PROPOSAL TO COMMIT TREASON (115)
 Conspiracy or proposal to commit treason is a crime in
itself.
 What if they actually commit treason?
o If they actually commit treason, these crimes lose
of their juridical personality and become mere
modes.
 Is this a war-time crime only?
o No. Conspiracy and proposal to commit treason
MAY be committed during time of peace.
MISPRISION OF TREASON (116)
 What is the nature of this crime?
73
 o Felony by omission. o 2. Possessing by reason of public office the
o Gravamen of crime: WILLFUL or MALICIOUS confidential information, etc. and disclosing them
concealment. to foreign representative
o It is a crime by dolo although a felony by omission.  What is the nature of the first mode?
 Elements: o Consummated as long as there is intent; no need
o 1. Aware of plan to commit treason; to actually obtain. The mere entering
o 2. Fails to report it to governor/mayor or fiscal
consummates the crime.
 How much time?  Is this a war-time crime only?
o Depends on circumstances. o No. It can be committed even in time of peace
 Who can commit this crime?
o ONLY committed by Filipinos, not foreigners. Thus, PROVOKING WAR AND DISLOYALTY DURING WAR (118-121)
dual citizens, who are foreigners too, may NOT be  1. Inciting war or giving motives for reprisals
liable for misprision of treason. o By unlawful or unauthorized acts, provokes or
o N.B. compare to treason itself: even dual citizens gives occasion for a war involving or liable to
can commit treason involve the Philippines
 Does the two-witness rule apply? o Or exposes Filipinos to reprisals
o No.  2. Violation of neutrality
 Differentiate this from accessories-after-the-fact: o During time of war where the Philippines is not
o Misprision of treason is different from being an involved, violates regulations of neutrality issued
accessory-after-the-fact. The latter hides the by government
principal. Misprision hides the conspiracy.  3. Correspondence with hostile country – in ascending
o Note though: This is moot because there are no degree of gravity:
accessories in treason. This statement is based o A. if correspondence was prohibited by
on a UK case. government
 What is the punishment? o B. if done through ciphers
o Punished two degrees lower than treason, since o C. if the information is useful to the enemy
the person who committed misprision is “punished  4. Attempt to flee to an enemy country
as an accessory to treason.” But he is still a
PIRACY (122-3)
principal of misprision of treason.
 What are the two modes of committing piracy?
ESPIONAGE (117) o 1. Attacking or seizing a vessel on high seas or
 Offenses: Philippine waters
o 1. Without authority, entering warship, fort, etc. to o 2. Seizing cargo, equipment, or personal
obtain information, etc. of confidential nature belongings or complement or passengers on high
 Relating to national defense seas or Philippine Waters
 Who may commit piracy?

74
 o The offenders must not be members of the
complement or passengers
 What if they are members of the crew or they are
passengers?
o A. There is mutiny, not piracy, through:
 Unlawful resistance to superior officer
 or raising commotions and disturbances on
board
o B. If there is taking of the implements or cargo of
the vessel or the passengers, for them to be liable
under Art 122 or 123 – they must not be part of the
crew or complement.
 If they are passengers or crew members,
the act is ROBBERY under the RPC – Arts
293, 294
 What are the Qualifying circumstances?
o 1. Seized a vessel by boarding or firing upon it
o 2. Pirates abandoned victims without means to
save themselves
o 3. Attended by murder, homicide, PI, or rape
 Physical injuries include frustrated or
attempted homicide. It must be used in its
generic term.
 What is the effect of RA 7659?
o RA 7659 merely expanded Arts 122 and 123, but
under PD 532, there can be a separate crime of
Piracy in Phil. waters or high seas from piracy in
Phil. waters or high seas in Arts 122 and 123.
 When does PD 532 apply then?
o PD 532 – one must prove that the perpetrators
were purposely organized not just for one act of
robbery, but several indiscriminate commissions
thereof. There must be evidence of similar
attempts or takings before.
o If there is only one, either Article 122, 123 or 293,
294 (robbery).
75
 What is the nature of piracy on the high seas?
o It’s a crime against the law of nations.
o Piracy on high seas has two aspects:
 1. Violation of common right of nations
 2. Criminal liability of the pirates may be
imposed by municipal law of the country,
where found
 Arts 122, 123:
o 122-3 makes mention of the complement of vessel.
Who are these?
 Under Art 648 of the Code on Commerce,
these are all persons on board, from the
captain to the cabin boy
 What is the relationship of piracy with the common crimes
committed to accomplish it?
o For these common crimes to be an element of
piracy, they must accompany the crime of piracy.
There is no complex crime of piracy with rape, or
murder, or PI. There is only one crime of piracy. It
is a single, indivisible offense. Do not apply Art 48.
 EVEN IF a lot of people died or were raped,
there is still one crime of piracy.
o But if these crimes were committed after the
piracy has been committed, they become separate
crimes.
 Does the use of an unlicensed firearm (RA 8294) qualify
piracy?
o No. Even if they used unlicensed arms or
explosives, there is no violation of this statute.
 Philippine waters is defined differently in PD 532, from
that in the Constitution:
o High seas: all parts of the sea not included in the
EEZ
o EEZ: not extend beyond 200 nautical miles from
shoreline
 RA 9372 (HSA)
 o Piracy in Philippine waters and the high seas are o Sowing widespread and extraordinary fear and
predicate crimes of terrorism. If these are panic among the populace to coerce the
committed for purpose of sowing terror in the government to give into an unlawful demand, and
population, then terrorism is committed, with committing the following any of the acts
these as predicate crimes. enumerated.
o RA 6235 – aircraft hijacking is a predicate crime  What are the enumerated acts?
for terrorism under RA 9372 too o Under the RPC
 What are the punishable acts under RA 6235?  1. Piracy or mutiny
o 1. Compel a change of course of a Philippine  2. Rebellion/insurrection
aircraft or seize control thereof while in flight  3. Coup d’etat
 When is it “in flight”?  4. Murder
 When all the external doors are  5. Kidnapping and Serious Illegal Detention
 6. Crimes involving destruction
closed after embarkation.
o Under special law
o 2. Compel foreign aircraft to land in Philippine
 1. PD 1613 – law on arson
territory or seize control thereof while in the
 2. RA 6969 – toxic substances and nuclear
Philippines
waste act
o 3. Ship, load, or carry in public passenger aircraft
 3. RA 5207 – atomic energy regulatory and
explosive, corrosive, flammable, or poisonous liability act
materials  4. RA 6235 – anti-hijacking law
o 4. Ship, load, or carry in cargo aircraft any of the  5. PD 532 – anti-piracy and anti-highway
same materials against regulations by the Civil robbery law
Aeronautics Association  6. PD 1866/RA 8294 – illegal possession of
 What are the special aggravating circumstances for the firearms and unlawful manufacture/use of
first two offenses above? explosives
o 1. Firing upon the pilot, crew, or passenger of the  Who are liable?
aircraft o 1. Principals
o 2. Exploded or attempted to explode a bomb to o 2. Accomplices
destroy the aircraft o 3. Accessories
o 3. Accompanied by murder, homicide, PI, or rape o 4. Conspirators (even if not yet executed)
(same as last ground of piracy)
 P v. Catantan: There is crime under PD 532 even if II: CRIMES AGAINST FUNDAMENTAL LAW
offender did not seize the vessel, but merely boarded it
and inflicted PI on the occupant or owner.
ARBITRARY DETENTION (124)
R.A. 9372 – HUMAN SECURITY ACT
 Elements:
 What is terrorism?

76
 o 1. Offender is public officer or employee
o 2. Detains person
o 3. Without legal ground
 What is gravamen of the crime?
o Detention without legal grounds by public officer
or employee, of another person.
 How do you distinguish this from kidnapping?
o Arbitrary detention: public officer or employee
vested with authority to arrest or detain another
person detains another without any lawful cause.
o Kidnapping: offender is a private person and the
purpose is to deprive the victim of his or her
liberty.
 Who are liable for arbitrary detention?
o Public officers or employees authorized to detain
another person.
o Ex. PNP, NBI, even judges acting in
capacity
 Who are persons in authority, or agents of persons in
authority authorized to detain?
o LGC, Sec. 338:
 Punong barangay
 Members of sangguniang barangay
 Members of lupong tagapamayapa
 N.B. They are persons of authority but
limited to their jurisdiction, in
respective barangays. If they arrest beyond
their barangay, they are NOT persons in
authority under this provision.
o Art. 152
 Barangay captain
 Barangay councilman
 Barrio policeman
o Forestry Code
 District foresters are authorized to enforce
Forestry Code and may arrest violators.
 Forest officers or employees of bureau of
forest management – they do not even need
a warrant of arrest to arrest.
o Sec. 44 of RA 9165 – Dangerous Drugs Law
 School heads, supervisors, and teachers
are persons of authority, for the purpose of
enforcing the Dangerous Drugs Law within
school premises or outside school premises
in an official school activity
o Are the members of the CAFGU persons in
authority?
 Yes. They are authorized to carry firearms,
to complement the operations of the
regular force of PNP; they are composed of
civilian volunteers. Under EO 264, they
MAY arrest. So they can be liable for
official
arbitrary detention.
 May a private person be liable for arbitrary detention?
o Yes, but only if the private individual connives with
the person in authority.
 What do you mean by detention?
o Psychological restraint and not just physical
restraint is enough for this provision, in whatever
form, for whatever length of time.
their  Ex. keeping a child in a room, threatening
her with a big gun
o Fear has been known to make people immobile.
This includes threats to kill, and similar threats.
This is equivalent to using actual physical force to
detain.
 Take note of circumstances where people can be arrested
without a warrant (in flagrante delicto, etc.). Failure to
comply with these exceptions and yet arresting without
warrant is Arbitrary Detention. Usual cause of Arbitrary
Detention charge is arresting a person without warrant.
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 o Ex. a person evading his sentence may be arrested
on the run without a warrant, because he is
committing an offense in flagrante delicto.
o David v. Arroyo: Mere fact that the accused was
wearing a t-shirt saying “oust Gloria now” is not a
reason in itself to be arrested for inciting to
sedition.
o P v. Lozada: Hot pursuit based on actual facts,
with the use of the senses of the policemen, with
reasonable basis to believe that the person
arrested is the author of the crime, etc.
 Under the HSA, may a person be arrested for act of
terrorism, and for how long must the arrested person be
detained?
o Maximum of three days.
 How may arbitrary detention be committed?
o Arbitrary detention may be committed by dolo or
culpa.
 Ex. of culpa: Re-arresting a person who was
released by means of order of the court.
 May there be a complex crime of arbitrary detention with
PI?
o Yes. This happens when there is excessive force
in the arrest.
 Are the periods provided in Article 124 essential elements
of the crime?
o No. These just provide a guide for calculating the
sentence.
 What if a person arrested is later acquitted after trial?
o This is fine. He need not ACTUALLY be convicted
as having committed a crime – enough to examine
the nature of his deed and how the officer at the
moment characterized the act. (Existence
probable cause)
ARBITRARY DETENTION THROUGH DELAY IN DELIVERY OF PRISONERS TO
JUDICIAL AUTHORITIES (125)
 Elements:
o 1. Offender is public officer or employee
o 2. Detained a person legally
o 3. Fails to deliver person to proper judicial
authorities within proper time period
 Under the HSA, what are the duties of those conducting
custodial investigation?
o N.B. More expansive than duties in RA 7438 (Act
defining rights of persons under custodial
investigation)
o Before detaining a person after warrantless arrest,
he MUST first deliver the person to the nearest
office OR RESIDENCE of a judge, so judge can:
 1. Ascertain identity of officer and arrested
person
 2. Determine circumstances behind arrest
 3. Check for torture, or other abuses
o Then, the judge delivers within 3 days to nearest
court with jurisdiction his report.
 Does the law apply to crimes defined by SPL?
o Depends, if the penalties used follow the
nomenclature of the RPC.
 How do you determine the imposable penalty?
o 12 hours – light
o 18 hours – correctional
o 36 hours – afflictive
o (3 days – under the HSA)
o What is the basis for the nature of the crime?
 What crime as it appears to the arresting
officer, and NOT what the crime actually
turned out to be.
of
 What is delivery to judicial authorities?
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 o Means constructive delivery , which is time the
appropriate complaint or information is filed, with
the court for appropriate judicial proceedings.
 N.B. Not a Preliminary investigation.
(There’s a reason why resorting to
preliminary investigation requires waiver of
Art. 125 under Crim. Procedure)
 Take note of rules on inquest. Art. 125
talks about those LAWFULLY arrested, but
there was no immediate delivery to the
courts.
 The inquest must be terminated within
o There can be defense of insuperable cause for
delay in delivery.
 What about delay in delivery of a person arrested lawfully
by a private person?
o Delay in delivery of a prisoner arrested lawfully by
a private person amounts to ILLEGAL DETENTION,
not arbitrary detention.
 Does Art. 125 apply to arrests with warrant?
o No. Article 125 only applies to warrantless arrests.
 What if the officer fails to comply with Article 125?
o Failure of officer to comply with Article 125 does
not affect the legality of the confinement.

period stated in Art. 125. Or else, the ARBITRARY DETENTION THROUGH DELAY IN RELEASE (126)
policeman will be liable under this  What is the nature of this crime?
provision. o Another crime by omission.
 To whom must the detainee be delivered?  Acts punishable:
o MTC, RTC, Family Court, or SB o 1. Officer delays release of arrested person (either
o Not to the CA, not to the SC. They are not trial convict or detention prisoner) beyond period
courts. provided.
 If there was no warrant of arrest or commitment order, but o 2. Unduly delays service of notice of such order to
the information or complaint was filed, is there delivery? the prisoner
o Yes. o 3. Unduly delays proceedings upon petition for
 Alvior v. Auguis: [Context: before, the MTC may still
liberation
conduct PI, but now they cannot under the amended ROC.]  Proceedings mentioned in the article:
The person was lawfully arrested then delivered to MTC, petition for habeas corpus
but the judge was not there. The arresting officer did not  Offenders:
release the detainee. He just delivered to the clerk of o Heads of jail or penal establishment
court. HELD: Liable for failure to deliver, because the o Custodial guards
clerk cannot conduct PI anyway and the judge was not  Who may order release of prisoner?
there. o Either the courts or the prosecutor, or the director
o Note: If the case is cognizable by the OMB or of Bureau of Prisons
Sandiganbayan  there is agreement between  What is the penalty?
o Same penalty as 124, because failure to release is
OMB and DOJ, where the DOJ can conduct PI but
tantamount to arbitrary detention.
they have to submit findings to the OMB.
 How does Art. 12, par. 7 apply as defense? EXPULSION (127)

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 When is one liable for expulsion?
o He must use force, violence, or other measures to
compel another to change his residence against
his will
 Who can commit this crime?
o Can only be done by public officers or employees.
o What if the person is not one?
 If NOT authorized, then the crime is
trespass to dwelling.
 Relate to RA 9165, Sec. 31:
o In addition to the penalty provided for in the DDA,
any alien who violates the provision must be
deported immediately without further proceedings,
except if the penalty is death (although no more
DP under RA 9346)
 Under Probation Law: may the person be compelled to
change his residence?
o Yes. Sec. 10. The court may require the
probationer to reside in a place designated by
court, and may not change residence without prior
notice.
 Marcos v. Manglapus: Heirs of the late President Marcos
are barred from returning to the Philippines.
 What is the power of the President to deport?
o With respect to aliens, with respect to the
Deportation Board, the President has the power to
deport aliens.
 What is the effect of an extradition treaty?
o If the Philippines has an extradition treaty with
another country, may compel a person in the
Philippines to be deported and extradited to that
other country.
 HSA RA 9372 – one charged with terrorism may be
granted bail, but placed under house arrest under usual
place of residence until further order of court.
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VIOLATION OF DOMICILE (128)
 May be violated through 3 modes:
o 1. Entered dwelling
o 2. Searched without consent
o 3. Entered and refused to leave
 If all three of these modes are committed, how many
crimes are committed?
o Just one. Remember, these are modes and not
individual felonies.
 Who may commit this crime?
o May only be committed by public officers or
employees with authority to arrest, or to seize
property of another.
o Article 128 does not apply to public officer or
employee who entered dwelling of another in hot
pursuit.
 Is it possible that the consent of the owner of the house is
denied impliedly, and not expressly?
o Yes. It may be implied or express, in spite of the
law’s language (“without the previous consent of
such owner”)
 What if there is unusual ingress?
o If entry is made through a way not intended for
ingress, there is entry against will of owner –
denial is implied
 “Owner”: does this include lessee of the house?
o Yes. Residence under this provision is the place
where the person is habitually present; and from
where he departs and intends to return.
SEARCH WARRANT MALICIOUSLY OBTAINED, OR ABUSE IN SERVICE OF
WARRANT LAWFULLY OBTAINED (129)
 Acts punishable:
o 1. Procuring search warrant without just cause
o 2. Exceeding authority or using unnecessary
severity in executing legal search warrant
 Does Article 48 apply in this instance? o “Knock and announce rule” in warrants, BEFORE
o No. Remember: 129 is an EXCEPTION to Art. 48. breaking a door.
When a public officer obtains maliciously a search o “Breakage”: includes lifting latch, unlocking chair
warrant by submitting a perjurious affidavit or or hatch, turning knob, etc.
deposition, there are TWO crimes committed  Does Article 129 apply to searches by employees of the
 1. Perjury; and Bureau of Customs?
 2. Procurement of malicious search o No, because authority is based on Art. 2203 of
warrant Tariff and Customs Code, in enforcement of
o Basis of this statement is the phrase “in addition customs law.
to the liability attaching to the offender for the o N.B. BOC officials do not possess authority to do
commission of any other offense…” searches in domicile
 If the officer applied for search warrant without probable
PROHIBITION, INTERRUPTION, DISSOLUTION OF PEACEFUL MEETINGS
cause, and uses the warrant to extort money. Is the
(131)
police officer liable for malicious procurement?
o Yes. Because he was acting in BF. There was  Who can commit this crime?
malice. o Only committed by public officers.
o If the policeman applied for a warrant in GF, but it o If done by a private person, it is serious
was denied, there is no crime committed. disturbance/tumults (Art. 153).
 If officer knew deposition was false, but still submitted it  What if it is committed by a member of the meeting?
o It’s not interruption of peaceful meeting. It must
to obtain warrant, what are the crimes?
o 1. Procurement of malicious search warrant be done by a stranger to the meeting.
o 2. Art. 184 – offering false testimony in evidence o If done by a member of the meeting, it is unjust
 What is the liability of the one who made the deposition vexation
and knew it was false, but still came up with deposition?  Acts punishable:
o Perjury o 1. Prohibiting/interrupting/dissolving peaceful
 Mode 2: when a search warrant was lawfully obtained, meeting without legal ground
BUT in the enforcement, the officer EXCEEDED his  If the meeting is not peaceful, it can be
authority. broken up
o Usual example: the items seized were not in the o 2. Hindering persons from joining lawful
warrant. association or preventing them from attending
o Exception: “plain view.” But if not in plain view, he o 3. Prohibiting or hindering persons from petitioning
would exceed his authority. to authorities for correction of abuses or
 Can an officer break open a door? grievances
o Officer may break open the door, if he is refused
CRIMES AGAINST RELIGIOUS WORSHIP (132—3)
entry upon knocking and identifying himself as an
 Interruption of religious worship
officer.

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 Offending religious feelings
R.A. 9745 (ANTI-TORTURE ACT)
 Punishable acts:
o 1. Physical torture
 Act imposed by a person in authority or his
agent upon a person in custody that causes
severe pain, exhaustion, dysfunction, or
disability
o 2. Mental or psychological torture
 Act imposed by a person in authority or his
agent which is calculated to affect or
confuse the mind or undermine a person’s
dignity or morale
o 3. Other cruel, inhuman, and degrading treatment
 Act of deliberate and aggravated treatment
not falling under the two above, imposed by
a person in authority or his agent upon a
person in custody causing severe suffering,
gross humiliation, or debasement
o 4. Secret detention, solitary confinement,
incommunicado
 Can torture or CIDT be justified by war?
o No. It is jus cogens.
 Who are liable?
o 1. Principals (all three kinds)
o 2. Superior military/police official or senior
government official who gave an order
 Liable as principal
o 3. Immediate commanding officer of the unit or
immediate senior public official who knew of the
torture/CIDT and could’ve prevented it but didn’t
o 4. Accessories:
 A. Profiting from torture/CIDT (knew of it)
 B. Concealing the torture/CIDT
destroying effects/instruments
 C. Harboring, concealing, helping the
principal escape
 What are the special aggravating circumstances?
o 1. Torture resulting into death
o 2. Torture resulting into mutilation
o 3. Torture with rape or sexual abuse
o 4. Torture where victim became insane, an
imbecile, impotent, blind, or maimed for life
o 5. Against children
 What is the nature of torture?
o It is a “separate and independent crime.” It does
not absorb and is not absorbed by any other felony
or crime committed as a means or consequence
thereof.
 What is the applicability of the RPC?
o 1. It is suppletorily applicable
o 2. Any crime punished as a Crime against Persons
(Title 8) and Crimes against Personal Liberty and
Security (Title 9) and attended by any of the acts
constituting torture/CIDT are punished in their
maximum period.
 So what is the “dual nature” of torture (important)?
o Torture is both an aggravating circumstance and a
separate and independent crime in itself
 Can torturers be subject to amnesty?
o No, by express provision, as to not depreciate the
crime
III: CRIMES AGAINST PUBLIC ORDER
Rebellion, sedition, disloyalty
REBELLION OR INSURRECTION (134)
or
 What are the elements of rebellion?
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 o 1. Rising publicly and taking arms against the o No. When the intent + overt acts are present, the
Government crime is consummated. There is no need to
o 2. For purpose of removing from Phil. allegiance achieve the goal.
the territory of the Philippines (or any part thereof o Likewise, no frustrated coup d’etat.
or naval/armed forces), depriving the President or o No need for actual clash.
Congress of any of its powers or prerogatives  Is being a member of the CPP rebellion?
 Distinguish rebellion from insurrection: o No. Mere membership in CPP is not rebellion. But
o Rebellion – overthrow government and supersede it being a member of the NPA, the military arm of the
o Insurrection – minor change as to certain matters CPP, constitutes rebellion.
in government or to prevent exercise of  Is subversion a crime?
government authority as to certain matters o No more crime of subversion.
 What is the nature of rebellion?  Rebellion is a crime against public order. What about
o Insurrection and rebellion are both political terrorism?
crimes. o It is a crime against national security and the law
o Involves any part of the country; or whole country of nations.
o Can be private or public individuals o There can be a crime of international terrorism; it
o Rebellion is a vast movement of people; involving a crime much like international piracy, where
multitudes anyone may capture the suspected terrorist
 Is rebellion a continuing crime? anywhere.
o Yes. SC declared that rebellion is by nature, a  Can there be a complex crime of terrorism with rebellion?
continuing offense, which differentiates it from o No. Rebellion is simply a predicate crime of
other offenses. It may be committed by a single or terrorism.
a series of acts for achieving any or all of the o Why is rebellion a predicate crime of terrorism?
purposes stated in the RPC provision.  Because committing rebellion can sow
 What must concur for rebellion to exist? widespread fear.
o For rebellion to exist there must be intent + overt  In the same way, murder is a predicate
acts. crime, because multiple murders or maybe
o Common crimes are absorbed by the political murdering one key person like the
crime. President could cause widespread panic or
o But even if the common crime is absorbed by the fear.
political crime, there may be civil liability for these  How is terrorism different?
predicate crimes. The liability under the NCC is o Terrorism is different because the purpose is to
apart from liabilities in the RPC. achieve the illegal demand on the government. It
 May there be frustrated rebellion? may be political, and it may not – it may be purely
monetary.

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 What is the main difference between terrorism and o Some, but not all common crimes
rebellion? o Is rape absorbed by coup?
o For terrorism, there must be widespread panic and  No. Rape cannot be absorbed, because it
fear; and there must be an unlawful demand does not help forward the power of
against the government. diminishing power (unlike in rebellion,
 NOTE: terrorism is a specific intent crime, where rape would help sow public
as with rebellion – so there is a difference disorder.)
in the o What about murder in coup d’etat?
o In contrast, rebellion is merely a crime against  It can be absorbed, because it helps further
public order. Objectives: 1) remove allegiance to the intent.
government of the Phil. Territory or any part; 2) or o What about use of explosives?
 Use of explosives is absorbed by coup
deprive Chief Executive or legislative of
d’etat (RA 8294)
powers/prerogatives
 Is there a frustrated crime of coup d’etat?
COUP D’ETAT (134-A) o No. The moment there is intent + swift attack, the
 Elements of coup d’etat? crime is consummated, even if the purpose is not
o 1. Swift attack accompanied by any of the modes achieved.
below, o There can be attempted coup d’etat, but not
o 2. Against: frustrated.
 A. Duly constituted authorities of the
CONSPIRACY AND PROPOSAL TO COMMIT REBELLION, INSURRECTION,
Philippines
OR COUP (136)
 B. Any military camp or installation,
communications network, public  Omil v. Ramos: Conspiracy to commit rebellion or coup
utilities/facilities for exercise of power d’etat is a continuing crime. (“Believe it or not,”
o 3. Carried out by military or police or public according to J. Callejo)
officers DISLOYALTY (137)
 With or without civilian support
o 4. To seize or diminish State power  When is there disloyalty?
 What is the nature of coup d’etat? o 1. Failed to resist a rebellion by all the means in
o Also a political crime their power
o Intent is to diminish State power (eminent domain,  Mode: crime of omission
taxation, police power)  May invoke Art. 12 (fear, force, intimidation,
 What are the modes by which coup can be committed? etc.)
o Violence, intimidation, threat, strategy, stealth + o 2. Continuing to discharge functions
swift attack o 3. Acceptance of public position
 Does it absorb common crimes?  Is motive material?

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 o Motive of public officer is immaterial; whether it is o 3. Any of the following motives/purposes discussed
gratuitous or not below
 When does disloyalty lose juridical existence?  Key term:
o If the officer commits overt acts of rebellion (e.g., o “Publicly and tumultuously”
he continues discharging his office and he o What is “tumultuously”?
commits murder or malversation to help the  Full of public commotion, or uproar.
 Essence: intent + tumultuous uprising
rebels), then the crime becomes rebellion, not
o When is there public uprising?
disloyalty
 “Tumultuous public uprising” – more than
INCITING TO REBELLION OR INSURRECTION (138)  Is it a public crime?
o Yes. Sedition is a crime against public order and
 What is the punishable act?
o Writings or speech must be done with intent to the tranquility of the general public
 When is the crime consummated?
induce the readers or listeners to commit rebellion
o Again, the crime is consummated upon
or insurrection
concurrence of intent + overt acts.
 What if the listeners do not act upon the incitement?
 Motives:
o If the listeners are not incited, they are not guilty
o [Preventing exercise of functions of execution of
of any crime. But the person speaking is guilty for
law]
inciting. o 1. Prevent promulgation or execution of and law, or
 What if the listeners are incited to rebel?
holding of popular election
o If the listeners are incited to commit rebellion, all
o 2. Prevent National, provincial, or municipal
of them, including the inciter, are ALL principals
government or officer from exercising functions or
for the crime of rebellion
preventing execution of AO
 Inciter  PDI
 N.B. no “barangay official” in the
 Listeners  PDP
enumeration
SEDITION (139) o [Act of hate or revenge]
 What is sedition? o 3. Inflict act of hate/revenge upon person or
o Sedition is the raising of commotion or property of public officer or employee
disturbance in the state; revolt against legitimate  Contrast with direct assault: here, there is
authority, public corporation, social classes, etc. tumultuous public uprising
o Ultimate objective: violation of the public peace o 4. Commit act of hate/revenge against private
 Elements of sedition? persons or social class, for political or social end
o 1. Rise publicly and tumultuously o [Despoiling]
o 2. To obtain by force, intimidation, or other illegal o 5. Despoil any person, municipality, or province, or
methods National Government of all its property or part
thereof, for political or social end
 What laws are included in par. 1?

85
 o Laws in general, even political in nature, as well as
civil and criminal laws; ordinances of municipal or
provincial boards
 Who are the officers included in par. 2?
o Includes judges and justices, and constitutional
officers; municipal council, provincial government
or board
o BUT NOT barangay officials or council
 Although they are included in par. 3
 In both rebellion and sedition, there is a public uprising.
What is the difference?
o Rebellion  to achieve political purpose, they take
up arms
o Sedition  as long as tumultuous; they do not take
up arms, because they do not intend to overthrow
the government
o three persons who are armed participating therein
 What are crimes of hate/revenge in paragraphs 3/4?
o Crimes against persons (murder, etc.)
o Crimes against property (arson)
o Victim may be private or public officials, whether
of national or local government
 What about crimes of murder, homicide, PI, arson,
committed by those committing sedition – are these
absorbed?
o NO! They are not absorbed. Neither are these
complexed. DO NOT apply Art. 48
o They are are separate and independent crimes
 Ex. P v. Cabrera- guilty of sedition, and
murder as separate crimes
o N.B. Differentiate from rebellion or coup which
allows absorption. Neither rebellion, coup, or
sedition allow complex crimes.
 When can there be a complex crime involving sedition?
o Sedition and Art. 143/144 (prevention of meeting of
board/Congress)
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CONSPIRACY TO COMMIT SEDITION (141)
 No crime of proposal to commit sedition; just conspiracy
INCITING TO SEDITION (142)
 Does freedom of speech include inciting sedition?
o No. Freedom of speech does not protect inciting to
sedition
 Punishable acts:
o 1. Inciting others to commit acts of sedition
o 2. Uttering seditious words or speeches tending to
disturb public peace
o 3. Writing, publishing, circulating scurrilous libels
and government or authorities tending to disturb
public peace
o N.B. For #2 and 3, no need to have any of the
enumerated purposes
 Article 142 punishes also those who “conceal such evil
practices” (inciting to sedition). What does this imply?
o “Concealing such evil practices” is not an act of an
accessory in this case, but an act of a principal.
Crimes against popular representation
ACTS PREVENTING MEETING OF CONGRESS AND SIMILAR BODIES (143)
 Elements?
o 1. Through force or fraud
o 2. Preventing the meeting of the Congress, any of
its subcommittees/subdivisions, constitutional
commissions, or provincial/city/municipal board
 Meeting of barangay council is not included
here
 Liable for grave coercion under Art. 286
 May be committed by public officers or employees
DISTURBANCE OF PROCEEDINGS (144)
 Two modes of committing this crime?
 o 1. Disturbing the meeting of the bodies o Ex. But if the gun is high caliber, he is not immune
enumerated, or (this is prision mayor)
o 2. In the presence of any of such bodies  They are also immune from searches under this provision.
enumerated, behaving in a manner as to interrupt But it is not in the Constitution.
proceedings or impair due respect
 Who must commit this crime?
o Offender must NOT be a member of the body Illegal assemblies and associations
disturbed; he must be a stranger to the ILLEGAL ASSEMBLIES (146)
deliberative body
 Two forms of this crime :
 N.B. Again, barangay council meeting not covered by this
o 1. Meeting conducted for the purpose of
provision
committing any crime punishable under RPC
 Can there be a complex crime?
 AND there were armed persons
o Yes. If they commit crimes of violence like
o 2. Meeting where audience is incited to commit
homicide to disturb the meeting, there CAN be a
treason, rebellion/insurrection, sedition, or direct
complex crime under Art. 48
assault
VIOLATION OF PARLIAMENTARY IMMUNITY (145)  Whether armed or not
 Who are the leaders or organizers of illegal assemblies?
 Elements of first mode?
o May be determined by their speeches,
o 1. Through force, intimidation, threats, fraud
o 2. Prevent a member of Congress from: publications, pamphlets, banners, leaflets
 attending session or meeting indicating roles and responsibilities
 expressing opinions or casting vote  If there is one with an unlicensed firearm, and he
 Elements of second mode? attended an illegal assembly, is he liable for RA 8294?
o 1. Public officer or employee o No, because he is committing another crime. So
o 2. Arrests or searches member of Congress he cannot be guilty of violating RA 8294.
o 3. While Congress is in regular or special session  Under the first form, a meeting with presence of an armed
o 4. Unless the crime committed is more than 6 person to achieve a crime in the RPC is proscribed. If
years they ACTUALLY commit the crime, what happens to illegal
 Correlate with the Constitution: assembly?
o Art. 145: amended by 1987 constitution. o It loses its juridical existence. It becomes a mere
Parliamentary immunity only applies up to prision preparatory act.
correctional (the provision says “prision mayor”).  What about the second form?
o Ex. If a congressman is in possession of low- o It is a point of disagreement as to the liability of
caliber gun, he is protected (since this is up to 6 the person who incites the commission of treason,
years only) rebellion/insurrection, sedition, or direct assault:

87
  Some say the crime is inciting to rebellion or shows, sex tourism, sexual exploitation,
or sedition pornography
 BUT the problem is, it is an element of  What was added by the HSA (RA 9372)?
illegal assembly (146), so how can one o Sec. 17: Public officers may petition that an
commit inciting to rebellion or sedition? association may be declared as one composed of
o J. Callejo’s opinion: those conspiring to commit terrorism
 If the inciter is NOT a member of the
assembly (an outsider) – he is liable for
inciting. Assault upon, resistance, or disobedience to PIAs or their
 If the inciter is a member – the government agents
has two options to charge with: DIRECT ASSAULTS (148)
 1. Illegal assembly, or
 2. Inciting to rebellion or sedition  What is the purpose of Article 148?
 What is the presumption if one carries an unlicensed o Intended to protect those exercising official
firearm to the meeting? functions and to guarantee dignity and authority
o 1. Presumed that the purpose of the meeting is to  What is the nature of Direct Assault?
o It is a FORMAL CRIME. It is not a material crime.
commit violations of the RPC
o There can be no attempted or frustrated direct
o 2. The person will be considered a leader or
assault.
organizer of the meeting (and is punished PC
o It is consummated when a person of authority is
instead of AM)
attacked with force or met with serious
ILLEGAL ASSOCIATIONS (147) intimidation or resistance
 What are the two types of illegal associations?  What are the forms of direct assault?
o 1. Totally or partially organized to commit any of o 1. Without public uprising, use force/intimidation to
the crimes in the RPC attain any of the purposes in rebellion or sedition:
o 2. Totally or partially organized for some purpose  [Rebellion]
 A. Remove allegiance from Philippines the
contrary to public morals
 What are public morals? national territory or any part thereof,
o Estrada v. Escritor: “those which are detrimental depriving President/Congress of powers
or dangerous to conditions helpful for the over it
advancement of society”  [Sedition]
o Not religious morality, but secular morality.  B. Prevent exercise of powers/execution of
 What was added by RA 9208 (anti-trafficking law)? law
o Punishes association organized to propagate or  C. Acts of hate/revenge against public
promote immoral doctrines, obscene publications officer or social class for political or social
end

88
  D. Despoiling any person or
subdivision of property for political
social end
o 2. Attack, use force, or seriously intimidate or
resist a PIA or any of his agents
 While in the performance of duties
 Which is more common?
o The first form rarely occurs (it’s difficult and rare
to achieve these ends without a public uprising)
o Second form is more common
 Who may be liable in second form?
o Private individual, person in authority, or agent of
person in authority
 Under what circumstance is direct assault committed?
o Crime may be committed when PIA or agent is
performing duty
o Or he was attacked for past performance of duty
 What does “seriously” qualify?
o “Seriously” qualifies only “intimidate” and “resist”
but not attack or the use force, which only
requires a laying of hands
o So if there is use of force, degree of force is not
material. Degree is only important for intimidation
or resistance.
 Is motive important?
o For second form, motive is not important
o For first form, when one is not performing his duty,
then motive comes into play
 What are the elements of the second form?
o 1. The public officer was performing his duty or
was attacked for past performance of duty
 A public officer goes to a locality to
solemnize a marriage and then he returns
to his office. En route, he is assaulted. Is
it direct assault?
public  Yes. When he is going back to his
or public office after solemnizing the
marriage, the going back is part of
his official duty.
 If a mayor is attacked for past performance
of duty, is it direct assault?
 Yes.
 X attacked a barangay kagawad, but hit the
barangay chief tanod who was just sitting
around. Is it direct assault?
 No. The tanod is not performing his
duty at the time he was hit.
o 2. Accused knew or ought to have known that he
was a public officer or an agent thereof
 Case: an officer in civilian clothes was
surveying a public market. Was there DA?
 No. Because the accused did not
know that the accused was a police
officer who was on 24 hour duty.
 And the accused killed the victim on
a personal grudge.
o 3. He attacked, used force, or seriously
intimidated/resisted the PIA or his agent
 What does “Agent” include?
 Police, Malacanang confidential
agent, sheriff
 Municipal treasurer (since he is
only a deputy ex-officio of the
provincial treasurer)
 Postmaster
 Agents of BIR
o 4. Qualified if:
 1. Committed with a weapon
 2. Offender is public officer or employee
 3. Laid a hand on the PIA
 What if there is an agreement to fight?
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 o Husto v. CA Husto is an academic supervisor. The defines the force by providing the term “laying a
victim, an academic supervisor too, wanted to hand.”
transfer a favorite teacher to Poblacion. Husto  When is force or intimidation serious enough?
disagreed. They agreed to fight. When they were o Depending on circumstances of the particular
just about to go out, Husto could not wait; he event.
 In the following cases, there was direct assault:
grabbed an ashtray and smashed it against the
o Accused punched a police officer several times
other’s head.
o Accused struck police officer with pen knife and
o HELD: It was direct assault because they did not
wounded him
fight outside
o Accused tried to stab the police officer but he
 What if the officer exceeds his authority?
missed – still DA (so need not actually strike the
o P v. Fook: Fook, a Chinese person, went to the
PIA)
Philippines. He got body searched in immigration
o Accused struck judge with dagger, after the judge
and he passed. He went back because he forgot
convicted him of theft
something. He got body searched again. He got
 Recall that DA is qualified if committed with a weapon.
upset and resisted. He was charged for direct
What is the special nature of qualified direct assault with
assault.
the use of a weapon?
o HELD: No direct assault. The PIA or his agent who
o It is a special aggravating circumstance; cannot
exceeds his power is NOT in the exercise of the
be offset by generic MC.
functions of his office. Here, they body searched o Not enough to merely carry a weapon. He must
Fook TWICE, which is beyond the scope of duty. use the weapon to assault the victim.
o Resistance is legitimate against PIA or agent who o Mere aiming of a gun at a PIA is qualified direct
exceeds authority. How much resistance can be assault because there is intimidation, with use of
done depends on the extent of excess of authority. weapon.
o When is one not liable for resistance?  What if a diplomat is assaulted?
 For one not to be liable for resistance, the o RA75, sec. 7 (Assault of diplomat) is a special
resistance must be co-extensive with the crime
excess of authority, and just sufficient to o A crime is committed by any person who assaults,
repel the excess or abuse strikes, or wounds a public minister or
 What does “lay a hand” mean? ambassador, contrary to law of nations
o To inflict upon PIA or agent a physical attack;  There can be a complex crime of direct assault with
holding; shoving; etc., with intent to cause evil or another felony.
injury o What if the assault on the PIA or agent results to
o When a person lays a hand over PIA, the crime is his death?
direct assault. It is not necessary to ascertain  Complex crime of direct assault with
what force the law requires, since the law itself murder or homicide

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 o When is there none? INDIRECT ASSAULTS (149)
 But if direct assault is committed and ONLY
 Elements:
slight PI results, there is just the crime of o 1. There is direct assault against an agent of a
direct assault. person in authority (under Art. 148)
o A mayor is on the way home or on the way to the o 2. A person came to the aid of the agent
office. The accused robbed the mayor and killed o 3. The offender uses force or intimidation against
him. What is the crime? such person coming to the aid of the agent
 Robbery with homicide.  There is disagreement again as to this provision.
 The direct assault is absorbed by Robbery o Guevara and Reyes: WRONG about this
with homicide, which absorbs crimes  Said there is indirect assault if there is a
committed pursuant to such. person going to the aid of PIA or agent, and
o X fired an SMG against police officers serving that person is himself assaulted.
warrant. What is the crime? o J Callejo agrees with Regalado: Guevara and
 Direct assault with multiple attempted Reyes did not take into account RA 1978:
homicide  If one who goes the aid of a PIA, he
o Can there be complex crime of DA with serious becomes an agent of a PIA. If he himself is
disturbance under Art. 153? attacked, then he becomes an agent of a
 Yes. If election inspectors or watchers are PIA  it becomes direct assault
holding a meeting to canvass, and they  There is only indirect assault if the private
were assaulted, causing serious person comes to the aid of the agent of the
disturbance: there is a complex crime of PIA.
direct assault with serious disturbance
DISOBEDIENCE TO SUMMONS (150)
 How do you reconcile DA with Less Serious Physical
Injuries (Art 265), which provides a distinct penalty if the  What are the acts punished?
victim is a PIA? o 1. Refusal to obey summons of Congress, or any
o Art. 265 – If there are less serious PI, the crime is commission authorized to summon witnesses
less serious PI. The PIA must not be performing o 2. Refusing to be sworn in
his duties when the less serious PI is inflicted, or o 3. Refusing to answer legal inquiry or produce
it is not by reason of past performance of duty. documents
o Art 48 – Direct assault with less serious PI if the o 4. Restraining another from attending as a witness
PIA is in performance of his duty or is attacked for therein
o 5. Inducing disobedience to summons or refusal to
past performance of duty.
 Who else can be PIAs? be sworn in (#1 or 2)
o Lawyers and teachers can be PIAs  What is the doctrine laid down by Senate v. Ermita (EO
o Correlate with RA 9165 (DDAs) – teachers and 464)?
professors are PIAs when performing their duties

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 o The President of the Philippines and members of  What are the limits to right of assembly? What is the
SC are exempt from powers of inquiry test?
o If President does not agree with attendance of o Clear and present danger of substantive evil, with
members of Executive, they cannot be compelled imminent danger posed against the public interest
to answer queries of Senate  What does BP 880 require before a rally can be
 Relate to Sec. 35 of HSA: conducted?
o Any information secured in violation of anti- o There is need to secure a permit
terrorism law is inadmissible in evidence in any  When can permit be denied?
judicial, QJ, legislative, or admin functions  CPD
o N.B. But for freedom parks, there is no need for a
RESISTANCE AND DISOBEDIENCE TO A PIA/AGENT (151) permit
 When does this provision apply? o Calibrated preemptive response – maximum
o When there is resistance or serious disobedience tolerance
of a PIA/his agent but not falling under the prior Distinguish:
provisions
Interruption of Serious Interruption of
peaceful meetings disturbance (153, gatherings (153,
Public disorders (131) p.1) – taken in p.2)
contrast with 131
SERIOUS DISTURBANCE/TUMULTS (153)
Caused by public Caused by public Caused by a
 Acts punished as tumults/other disturbances of public officer officer private or public
order: officer
o 1. Serious disturbance in public place
NOT part of the Part of the NOT part of the
o 2. Interrupting or disturbing gatherings not assembly assembly assembly
included in 131 or 132 (thus, neither political nor
Covers peaceable Covers normal
religious)
assemblies or gatherings (non
o 3. Making outcry tending to incite rebellion or
rallies political, non
sedition religious)
o 4. Displaying placards or emblems which provoke
Cannot be
disturbance of public place
committed by
o 5. Burying with pomp one who is executed
culpa (there is
 Relate to Art. 131: When is one guilty under
intent to seriously
disturbance/prohibition of peaceful meetings? disturb)
o For policemen to be guilty under 131, the person
must be a stranger to the meeting.
 What is the nature of the crimes?

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 o 131 – crime against the fundamental law of the  Can be charged with Art. 153,
State because these are open to the
o 153 – crime against public order public.
 So this really is just for normal gatherings,  Covers proceedings such as by
and not one subject to fundamental rights COMELEC
 This does not include religious assembly, o 2. There is disturbance caused
which is covered by 132.  There is a presumption under law of tumultuous
o In a public rally of INC there was serious disturbance. When does this presumption vest?
disturbance. Is this covered by 131, 132, or 153? o If caused by more than 3 armed men.
 Art. 131. This is not a religious ceremony, o If there is actually a tumultuous disturbance, does
but a rally. the presumption need to apply?
 Distinguish 153 from 155 (Alarms and scandals)?  No need for the presumption.
o In both cases, there is disturbance  In the causation of a serious public disturbance, there is
o 153 – causing of public disturbance, and the SPI or damage to property. Do you apply Article 48?
offender had the intention to cause such serious o Yes; there are two grave or less grave felonies
disturbance committed in a single act. (Ex. Disturbed
 Cannot be committed by culpa COMELEC proceeding.)
o 155 – disturbance is not serious o Villanueva v. Ortiz – there was complex crime of
o What kind of disturbance must be caused in 153? serious disturbance with direct assault.
 Serious. Otherwise, it will be alarms or  If there are two modes done, is there a complex crime?
scandals under 155. o No, there is just one crime, notwithstanding
o How do you determine if the disturbance is serious multiple modes.
or not?  Distinguish inciting to rebellion/sedition from the third
 Look at the place, facts and circumstances mode of violating Art. 153 (“tending to incite
surrounding the cause of disturbance, and rebellion/sedition”)?
effect to people at that time o Intent controls. For inciting, there has to be intent
 The locus of the crime is determinative of its nature. in the first place. For 153, there’s just tendency to
What do you mean by this? incite.
o The place where it is committed.  Does the “burying with pomp” provision still apply?
o Public place is one that is open to all, as o No, in light of RA 9346, nobody can be executed.
distinguished from domiciles.
ALARMS AND SCANDALS (155)
 Under second mode of 153, what are the elements?
o 1. There is public performance or function  Acts punished:
 Suppose someone disturbs court o 1. Discharging firearm, rocket, firecracker, or
proceedings, is it covered by the second explosive within any town or public place
mode? o 2. Charivari or disorderly meetings

93
 o 3. Disturbing public peace while wandering at  No. He is presumed innocent.
night or engaged in nocturnal amusements  Is the deliverer of prisoners a principal or accomplice?
o 4. Causing disturbance or scandal while o A principal under Art 156.
intoxicated while 153 is not applicable  When is the crime consummated?
 Is Alarms and Scandals a specific intent crime? o The moment he steps out of the building where the
o No. It is the result, not the intent that controls. cell is, however brief it may be.
o Why does the provision say “calculated to cause o Is there a crime of frustrated delivery from jail?
alarm/danger”?  No.
 “Calculated to cause alarm or danger” is an o May they be an attempted delivery from jail?
 Yes.
erroneous translation.
 If a mental retardate is transferred to a hospital, from jail,
o If there is discharge of firearm but there is no
and he is delivered, is there a crime of delivery from jail?
alarm caused, then there is no crime under Art.
o Yes. The hospital is an extension of prison.
155.
 If a person is in his house, can there be delivery?
 If the firearm is unlicensed, can one be convicted under
o Yes. Because under arresto menor, there can be
RA 8294?
house arrest.
o No. If there is another crime committed (155
 Who may be liable for delivery?
here), one cannot be liable for RA 8294. o 1. Those helping a co-prisoner
DELIVERING PRISONERS FROM JAIL (156) o 2. Employees of penal establishment, if without
custody of the prisoner
 Elements?
 What if he has custody of the prisoner?
o 1. Any person removes from jail or penal
 Crime is infidelity in the custody of
establishment a person confined therein
prisoners
o 2. Through the following means:
 Is it possible that a person with custody of
 A. By violence, intimidation, or bribery
a prisoner is liable for delivery of prisoners
 B. Through other means (lower penalty)
 C. Taking guards by surprise outside the and not infidelity in the custody of
establishment (lowest penalty) prisoners?
 To what kind of prisoners does “delivery of prisoners” as a  Yes, if he was off-duty.
o 3. Private person
crime apply?
 If a person delivered a prisoner and the prisoner had a
o Applies to any prisoner, whether a detention
change of heart and decided to return, is the principal for
prisoner or convicted prisoner
o If the person is a convict, is there a crime when he delivery still liable?
o Yes.
escapes?
 Is there a provision in the HSA that punishes a custodian
 Yes. Evasion of sentence.
o If the person is a detention prisoner, is there a who lets his prisoner escape?
o Sec. 44.
crime committed?
o Can this be committed by culpa?

94
  Yes. It can be committed by negligence, as
long as it is inexcusable negligence.
 If the detention prisoner is charged with parricide, and
the person delivered him, can not the person be charged
as accessory under Article 19?
o Yes. The law provides that a person who helps
escape a person who committed parricide, murder,
or treason escape, he can be an accessory under
Art. 19 to parricide, murder, etc.
o So what applies now, Art. 19 or 156?
 Either, as the prosecutor has a choice.
 The prosecutor can choose ONE but not
both.
 N.B. the Art. 19 punishment is heavier than
156
 Under Art. 8 (conspiracy), it can be a crime in itself or a
mode. Is it possible that conspiracy or connivance be an
aggravating circumstance? What is the effect if a co-
prisoner connives?
o For delivery of prisoners from jail, if there is
connivance, it aggravates the punishment.
o So this is a THIRD character of conspiracy – not
just mode, not just crime, but also aggravating
circumstance.
o What about bribery?
 Bribery in this case can be deemed a
means to commit the crime of delivery.
o If the public officer accepts a bribe to release the
prisoner, what are the crimes?
 One giving money: corruption
 One accepting money:
 1. Bribery
 2. Delivery of prisoners
o But if the bribery was towards another prisoner,
what is the effect?
95
 It would be a deemed a means to commit
the crime.
 What does the phrase “other means” mean?
o Example: craft or disguise
o What is the effect?
 Arresto mayor (lower penalty)
 If the other means used by the principal of delivery of
prisoners is a FELONY, what happens?
o Art. 48 applies. Example, if there was direct
assault, attempted homicide, physical injuries, etc.
 What is the exception to this rule?
o The means provided specifically in Art. 156
(bribery), or fraud (or other means that do not
constitute crimes by themselves), etc. do not
attract Art. 48.
Evasion of service
EVASION OF SERVICE OF SENTENCE (157-9)
 How is evasion of service committed?
o Committed by one convicted by final judgment
who escapes from prison.
 If a person escapes from jail, and he is arrested without
warrant, would the policeman be charged with arbitrary
arrest?
o No, because warrantless arrest is allowed for
those who escaped (Third exception)
o Is evasion a continuing crime?
 Yes, as long as he is escaping, he is
committing a crime.
 Can one be guilty of evasion of sentence, although not
confined in a prison?
o Yes:
 1. If arresto menor, can spend sentence in
house.
  2. Sentenced to destierro and one entered
the prohibited place.
 3. Hospital, which is an extension of the
penal institution.
 Elements of evasion:
o 1. Convicted by final judgment
o 2. Serving of sentence which consists
deprivation of liberty
o 3. Escaping during sentence
 Can one not sentenced to Final Judgment (ex. detention
prisoner) be liable for evasion of sentence?
o No.
 Under what circumstances may a prisoner be not liable
for evasion of service of sentence?
o 1. Detention prisoner
o 2. Deportee who violated deportation order
o 3. Youthful offender under 9344
 Because rehab center is not a penal
institution
 Can a person serving sentence for an SPL be liable for
evasion?
o Yes. As long as serving sentence, whether RPC or
SPL.
 When does Article 48 apply and when does it not?
o If one uses violation or intimidation, it is absorbed.
o But if one commits a crime to evade, then Art. 48
can apply.
 A convict was granted conditional pardon. The usual
condition is not committing another crime during
conditional pardon. Is the violation of the conditional
pardon a felony?
o Yes, it is a felony.
o What is the period for the condition?
 Remaining period of the sentence if the
penalty remitted is greater than 6 years
 If less than 6 years, prision correccional in
minimum period
o Is it necessary for the prosecution for violation of
conditions of pardon upon violation?
 No. The C.E. can order the immediate
arrest of the person through Board of
of Pardon and Parole.
o Is a violator of the conditions of pardon entitled to
ISL?
 No. It is provided in the ISL.
 Circumstances qualifying offense:
o 1. Unlawful entry (by scaling)
o 2. Breaking doors, windows, etc.
o 3. Using picklocks, false keys, disguise, deceit,
violence, intimidation
o 4. Through connivance with other convicts or
employees of penal institution
 What if the convict evaded on circumstances of a
catastrophe?
o And caught again, increase penalty by 1/5
o If he returns within 48 hours, decrease penalty by
1/5
 For violation of conditional pardon through commission of
the crime, there can only be conviction under Art. 159
after conviction.
Commission of another crime during service of penalty
QUASI-RECIDIVISM (160)
 Is quasi-recidivism (160) a crime?
o No, it is a special aggravating circumstance. It is
committed only by a person convicted by FJ for a
crime, and he commits another crime.
o Does the second crime have to be a felony?
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  Yes. It cannot be an SPL. The law uses  While serving sentence, a convict commits a complex
nomenclature of penalties in RPC. crime. What is the effect?
(Maximum period of the second crime.) o Maximum of the maximum of the more serious
o Does the first crime have to be a felony? crime.
 No. It can be an SPL.  What is the best evidence to prove prior conviction?
o If the second crime has an aggravating o Court judgment.
circumstance, what is the effect to the penalty?  What is the difference between reiteracion and quasi-
 Since it is in the maximum, then the recidivism?
aggravating circumstance will result into o Reiteracion: needs final service of two or more
the maximum of the maximum. lesser crimes, or one graver or equal crime
o He commits another penalty. Is he a quasi-
recidivist again? IV: CRIMES AGAINST PUBLIC INTEREST
 Justice Regalado: He is a quasi-recidivist
again and again. If he is not a quasi- Forgeries
recidivist for the second time, he can FORGING THE GREAT SEAL OR THE SIGNATURE OR STAMP OF THE
commit another crime with impunity. PRESIDENT (161)
o What if he is a recidivist AND a quasi-recidivist?
 Can forgery of signature or the great seal be committed
 Since recidivism is an aggravating
by culpa?
circumstance too – it leads to the
o No. There must be knowledge and intent to use
maximum of the maximum.
the signature or great seal.
 But the law makes mention of Art. 62, par. 5. What is this?
 What is the presumption under this law?
o One is a habitual offender.
o Presumption: possession of a document bearing
 One who escapes from jail, is he automatically a quasi-
the forged signature or seal – deemed to be the
recividist?
o Justice Regalado: No. Because the very act of one who committed the forgery.
evasion of sentence is an element of the USE OF FORGED GREAT SEAL, PRESIDENT’S SIGNATURE OR STAMP (162)
aggravating circumstance of quasi-recidivism.
 Can only be committed with criminal intent, because the
Under Art. 62, par. 1 – if the aggravating
law uses the word “knowingly.”
circumstance in itself constitutes a crime  Who can commit this crime?
punishable by law, it is not taken into account. o Offender here is not the forger, because the forger
o J Callejo: “This still bothers me.” No clear answer. is liable under 161.
 Can one be a quasi-recidivist and a recidivist at the same
MAKING, IMPORTING, AND UTTERING FALSE COINS (163)
time?
o Yes. Only difference: recividism can be offset by  What are the means to commit this crime?
generic mitigating circumstances, quasi- o 1. Making false coins
recidivism cannot. o 2. Importing

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 o 3. Uttering with connivance MUTILATION OF COINS (164)
o N.B. if foreign currency, amount is immaterial.
 Amended by PD 247, which punishes:
 When must the coin be considered legal tender?
o 1. Willful defacement
o It must be legal tender in the Philippines at the
o 2. Mutilation
time of violation. o 3. Tearing
o Ex. Using a forged 1-centavo coin, when is was o 4. Burning
not out of circulation can still be punished o 5. Or destroying currency notes or coins
 Can the first mode (“making”) be attempted or frustrated?  Must be of legal tender
o Yes.  Coins of foreign currency are not included
o Attempted – one failed to perform all acts of
SELLING OF FALSE OR MUTILATED COIN (165)
execution except when there is spontaneous
desistance  Two acts punished:
o Frustrated – if the imitation is so imperfect, o 1. Possession of false/mutilated coin with intent to
although all acts were committed. utter
 When is the second mode (“importing”) consummated? o 2. Actual utterance of the coin
o When the boat enters port or the plane enters  Possession includes constructive or physical possession
airspace, EVEN IF they are not unloaded or of counterfeit or mutilated coins
brought to customs.  There must be knowledge that the coin is false
 When is importation frustrated?  What if the one possessing with intent to utter is the
o Importation may be frustrated, if before they cross counterfeiter?
territorial waters of Philippines, they are caught. o If the one possessing is also the counterfeiter, this
 What does “uttering” mean? crime is absorbed under 163
o To offer the false coin, knowing it to be false,
FORGING, IMPORTING, OR UTTERING TREASURY OR BANK NOTES OR
whether accepted or not, representing that it is DOCUMENTS PAYABLE TO BEARER (166)
genuine, with intent to defraud
o The offender must not be the maker (or else, he  What are covered by this provision?
o 1. Treasury notes
falls under mode one), but there must be
o 2. Bank notes
connivance
o 3. Documents payable to bearer
 How many crimes are committed if the offender makes
 Three acts:
1,000 counterfeit 10 centavo coins, and a few US coins? o 1. Forging or falsifying treasury/bank
o Test is number of currencies involved
notes/documents payable to bearer
 What is the rule on territoriality of this crime?
 N.B. Take note of modes to commit forgery
o This crime can be prosecuted abroad, under Art. 2.
of bank notes or treasury notes, etc. under
 Is damage an element of utterance?
o No. Damage is not an essential element of Art. 169.
o 2. Importing false or forged bank notes
utterance

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 o 3. Uttering these in connivance with forgers or
importers
 Otherwise, see Art. 168
 How can forgery be committed (Art. 169)?
o 1. Giving a treasury or bank note or instrument
payable to order or bearer the appearance of a
true and genuine document
o 2. Erasing, substituting, or counterfeiting,
altering figures, letters/words, or designs in said
instrument
 When is there uttering under this provision?
o To utter is to offer the forged document, knowing it
to be false, whether accepted or not,
representation that it is genuine, with intent to
defraud
 P v. Balmores – a PCSO ticket is a government obligation.
If the accused bore a PCSO ticket and wrote in ink the
number purported to win  attempted estafa, because he
was not able to encash it before being caught
 What about blank postal money orders?
o Blank forms of postal money orders are not official
public documents, or treasury/bank notes.
are not certificates of obligations until filled up.
 What about treasury warrants?
o Treasury warrant is a government obligation and is
therefore covered by Art. 169 of RPC
COUNTERFEITING, IMPORTING, UTTERING INSTRUMENTS PAYABLE TO
ORDER (167)
 What does this provision cover?
o Documents payable to order
 What are the acts punished?
o Same three acts of making, importing, and uttering
with connivance
o N.B. Again, utterance here must be in connivance
with forgers or importers. Otherwise, see 168.
ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES
AND OTHER CREDIT INSTRUMENTS (168)
 Elements of crime under Art. 168?
o 1. Treasury/bank note/ security payable to bearer
or order is forged or falsified by another person
o 2. Offender knows it was falsified
o 3. Used OR possessed with intent to use
or  Possession of genuine treasury notes of
the Philippines with any figures, letters, or
words altered or erased with full
knowledge of such alteration falls under
this provision
with
 What if it’s possession alone?
o Possession alone, without use or intent to use, is
NOT a crime under 168
 RA 8484 (Access devise law)
o Sec. 17 – any prosecution under this law shall be
without prejudice for liabilities for violations of
RPC
o So one can be charged under both RPC and 8484
 RA 8239 (Forgery of passports)
They o If it is also punishable under RPC, and the RPC
crime has higher penalty, impose higher penalty.
o But only one crime is committed.
FALSIFICATION OF LEGISLATIVE DOCUMENTS (170)
 What is punished here?
o Resolution, ordinance, or bill referred to must be a
genuine one
 What kind of alteration must be made?
o 1. Alters the substance of that issuance
o 2. With deliberate intent (malice)
 May a private person be liable under Art 170?
o Yes. The law does not distinguish.
FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE, NOTARY, ECCLESIASTIC
MINISTER (171)
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 How is a document under this provision defined?
o It is a deed or instrument or other authorized
paper by which something is proved, established,
or set forth. (P v. Andaya)
o Do 171 or 172 apply to electronic documents?
 Yes, by specific provision of Sec. 6(h).
 In fact, a document may be notarized
electronically and considered a public
document. If it is falsified, 171 applies
o What about documents incapable of producing
legal effects?
 A document incapable of producing legal
effects cannot be foundation of a right and
thus CANNOT be subject of falsification.
 When is there falsification through taking advantage of
public position?
o 1. Has official custody of the document
o 2. When he intervenes in preparation of the
document
o What is the test whether there is taking advantage
of public position?
 If he uses influence, prestige,
ascendancy of his office to commit the
crime.
 If a public officer or employee falsifies a
document, and it is not part of his duties,
he did not abuse his public position. He is
guilty NOT under 171, but under
(falsification of private individuals)
o If a notary public falsifies a document outside his
territorial jurisdiction, did he abuse his public
position?
 NO. He is not a notary public outside his
jurisdiction.
 What documents are covered by 171 and 172?
o 1. Public/official
o 2. Commercial
o 3. Private
o N.B. if Legislative, see Art. 170
 What is a public document?
o When an authorized person not a party thereto
intervenes in a document
o Also, reports made by officials in their official duty
o A document notarized by a notary public without a
commission – is it a public document?
 No. It is a private document.
o How about pleadings of parties and papers
submitted to the court in the course of official
judicial proceedings?
 Pleadings of parties and papers filed by
them which are involved in actions and
submitted to the custody of the court are
public documents
 N.B. The roll of attorneys is also a public
document.
 What is an official document?
o Public officer takes part by virtue of official
or position, or any document which has become part
of the public records
o Is a passport an official document?
 Yes. RA 8239.
o How about a private document that is falsified
before being submitted to the government, as
172 required?
 The falsification of a private document
before submission may nevertheless be
falsification of public or official document
because it is destined to be such.
o When one takes a civil service examination, are
the exams official documents?
 The booklets or papers submitted to the
CSC are official documents.
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 o How about a personal data sheet submitted to the is a teacher in Davao national high school. He said
CSC for appointment to public position? in his record that he went to class and taught from
 It is a public document, because such 8:30-11:30, 1:30-4:30. But some of the time, he
document is required by law. spent in the library. He was charged for
 The mere fact of preparation occurred falsification, because he said in his time record
before submission does not affect its that he taught in certain times, but he was just in
status because the document is destined the library. No question, the time record is a
to be part of public record. public document. He was charged for falsification
 What is a commercial document?
of a public document ELEVEN times. But he did
o Used by merchants or business to promote or
not get his salary for the time he was not teaching.
facilitate trade or credit transactions
QUESTION: Is he guilty for falsification of public
o Is a cash disbursement receipt a commercial
document even if there is no damage to the
document?
 No. Batulanon – it is a private document. government?
 HELD: Layug was acquitted. In the
Merely a receipt issued.
 It is a private document – executed by prosecution of cases involving falsification
private person without intervention of of time records, there must be proof of
public notary or person legally authorized damage to the government (e.g. salary paid
o Is a sales invoice a commercial document? for services not rendered). BUT this is
 Yes. weird, because usually, damage is not an
 May falsification of public or commercial document be element of falsification of public document.
committed by culpa? o Flores: The falsification of a daily time record
o Yes. Samson case – X endorsed checks without automatically results in financial losses to the
knowing the identity of the persons who were government because it enables the employee to be
recipients of the checks. paid salary and earn leave credits for services
o He did NOT alter the document, he merely never rendered.
endorsed without due diligence.  Contrast: In Flores, damage is not an
 How about a private document? Can it be falsified by element, because potentially, the
culpa? government can be damaged.
o No. There has to be intent to damage or damage oWhat prevails?
caused. It cannot be committed by culpa.  Flores is the sounder doctrine.
o But not for commercial, public, or official  A COMELEC registrar, who was also a lawyer, was allowed
document  no need for intent to damage by COMELEC to appear for poor litigants. He submitted a
 Layug v. Sandiganbayan vis-à-vis Flores v. Layosa. DTR saying that he was in the office, but he was actually
o Layug: an ordinary government employee has a in court attending to poor litigants. He was charged with
time record measured through Bundy clock. Layug falsification.

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 o HELD: Even if he was not in the office at that time, o There can be no attempted or frustrated
the COMELEC allowed him to appear for poor falsification of public or official document
litigants. He was performing a duty authorized by  UNLESS the falsification is imperfect
the COMELEC. There was no falsification. o Consummated the moment the genuine public or
 Spouse is a janitor, but before the janitor died, he received official document is altered, or the moment the
his check. Before the check became due, the janitor died. false document is executed
The widow already received it. She cashed it, thinking it  Even if the document is not put to illegal
was leave credits value. The check was worth X amount, use.
 Can there be falsification by omission?
though the janitor had leave credits exceeding the amount
o Yes, the crime of falsification can be committed by
of the check. She was charged with falsification.
omission. Here the asst. book keeper did not
o HELD: Acquitted. She was acting in good faith.
include in the ledger things or properties
There was no damage to government; in fact, the
purchased by him as such. He committed estafa
government owed the janitor pa.
 Is the spuriousness of a document a defense against through falsification by omission by not indicating
charge of falsification? in the ledger his purchase of goods.
o No.  May someone be convicted based solely on
o X got a warrant of arrest, falsified signature of the presumptions?
judge, and had his wife arrested. He claimed he o Yes. One found in possession of falsified
was not guilty of falsification because it was a document is presumed to be the author.
 What are the acts punished as falsification?
spurious document in the first place.
o 1. Counterfeiting or imitating handwriting,
 HELD: Convicted. There can be
signature, rubric (¶1)
falsification even if it is a spurious
o 2. Causing to appear that persons participated, etc
document. Cannot use own acts of
(¶2)
falsification as a defense against
o 3. Persons in fact participated in proceedings, but
prosecution.
accused make it seem that they said/did some
 If a notary public notarizes a document without
things they did not do (¶3)
commission, is there falsification of public document or
o 4. Making untruthful statements in narration of
private document?
facts (¶4)
o Falsification of public document.
o 5. Altering true dates (¶5)
o So to simplify:
o 6. Making alteration or intercalation to genuine
 1. The document remains private
 2. But the crime is falsification of public document which changes its meaning (¶6)
o 7. Issuing copies (¶7)
document
o 8. Intercalating instrument or note (¶8)
 Can there be an attempt or frustration of falsification?

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Counterfeiting or imitating handwriting, signature, rubric (171
¶1)
 What does “imitating” cover?
o It can also cover “feigning.” Feigning means the
forgery of a signature that does not in fact exist.
 When does one become guilty for falsification under this
provision?
o For one to be guilty for falsification under this
provision, it is not necessary that the imitation of
writing, handwriting, or signature be perfect. It is
only necessary that the two writings bear some
resemblance to each other
o There can be no falsification of public document
unless there is an attempt to imitate the genuine
signature of another
 What if the false signature did not look like the real one?
o One is guilty of falsification even if he did not
imitate the signature of the person in
document, as long as there is a DIFFERENCE
between the genuine signature of another and the
falsification.
Causing to appear that persons participated, etc (171 ¶2)
 What is punished here?
o Falsifying a document by causing it to appear that
a person or persons participated in any act or
proceeding when in fact, they did not.
 X had an uncle and auntie. By 2000, his auntie and uncle
died. He executed three documents (deed of sale, deed of
conveyance) – all in the same occasion. In each
document, the dead spouses sold to the vendee parcels of
land. Then, Lastrilla signed the signature of his dead
uncle and auntie, and antedated the deed. Is this
falsification?
o Yes, under this paragraph (Art. 171 par. 2).
o The uncle and auntie are both dead. So this
provision applies even if those who were made to
appear to participate are already dead.
o But there is only one crime, even if there were
several modes.
 Accused was a COMELEC registrar. He made it appear in
the list of voters that certain voters were listed, when
they were not, and that they voted, when they did not.
What is the crime?
o Guilty under this same provision AND
o Liable under Omnibus Election Code
 Can this crime be committed to conceal another crime?
o Yes.
o Ex. X was an accountable officer and he
misappropriated funds of government. To conceal
malversation, he falsified receipts to show that
people received some amounts, when they did not.
o Guilty of two crimes:
the
 1. Malversation
 2. Falsification under this paragraph
 X was paid by examinee in CSC to take the exam on his
behalf and pose as him. Is he guilty of falsification?
o Yes. He made it appear that another person
participated in the exam, when he did not.
Persons in fact participated in proceedings, but accused
make it seem that they said/did some things they did not do
(171 ¶3)
 X changed the answers of a Bar examinee, Y, then she
corrected the answers. What is the crime?
o X was guilty under this provision.
o Y was guilty as an accomplice, by knowing that X
committed the crime for him.
Making untruthful statements in narration of facts (171 ¶4)
 What are the requirements:
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 o 1. Offender is a public officer or employee
o 2. Untruthful statements in narration of facts
o 3. The facts must be absolutely false
 What if there is some color of truth in the falsification?
o If there is color of truth in it, he is not liable under
this paragraph.
o If there is colorable truth to the statement, one is
not criminally liable. If there is a color of truth to
it, there can be no criminal intent.
o There is no F of public document if acts of
accused are consistent with GF, even if it may be
false. Color of truth indicates GF.
 X was Chinese, but he declared himself as Filipino. The
clerk wrote down “Filipino” in the residence certificate. Is
the clerk guilty of making untruthful statements?
o Clerk is NOT guilty – he had no criminal intent and
relied on the Petitioner.
o Petitioner is guilty under this paragraph
Principal by Direct Inducement.
 What if it was altered to speak the truth?
o There is no falsification (e.g. there is error in
cedula, then altered to speak the truth. There is
alteration, but no falsification)
 What is the legal obligation contemplated under this
provision?
o The legal obligation may spring not only from a law
or a regulation/rule promulgated by authorities
(e.g. CSC, COMELEC)
 Ex. Guilty of falsification under
provision, if X falsified a personal data
sheet, which is a document required to be
submitted to the CSC under its rules.
 The mere fact that she was not hired is
inconsequential.
 The duty to make truthful statements, what is it based
on?
o 1. Law
o 2. Ordinance, as long as it requires such making of
truthful statement
o 3. One issued by a government agency
o Ex. A government employee who falsely stated in
ITR that he has 2 dependents, when just has one,
so that he can pay less taxes: the government
employee is guilty of falsification of official
document.
 What is the required intent?
o There must be deliberate intent to make a false
narration of facts, so there is no culpa
Altering true dates (171 ¶5)
 May this crime be committed by culpa?
o No. Intent is essential to the crime.
 What dates are contemplated by this provision?
as o “Dates” referred to here are those that have legal
efficacy; ex. Date when obligation is due, date
when persons were married.
Making alteration or intercalation to genuine document which
changes its meaning (171 ¶6)
 Elements:
o 1. A person changes a document or intercalates an
entry or statement therein
o 2. The alteration or intercalation was made in a
genuine document
o 3. Alteration or intercalation made in document to
this
speak of something that is false
 What is the duty of one making the alteration?
o One making the alteration must explain the same.
 What alterations consist of:
o Erasure
o Interlineations
o Additions
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 o Substitution of any material matter in a document o But in P v. Pomferada – someone falsified the roll
or instrument of attorneys, by inserting three persons there; he
 When is the alteration of intercalation NOT a crime? committed three counts of falsification, even if
o 1. Alteration or intercalation was made to make made on the same roll of attorneys
the document speak the truth
FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED
o 2. The alteration or intercalation did not change
DOCUMENTS BY PRIVATE INDIVIDUALS (172)
the substance of the document.
 May this crime be committed by culpa?  Two modes under paragraph 1:
o No. There must be criminal intent. It cannot be o 1. Private individual falsifying a public,
committed by culpa. Good faith is a proper commercial, or official document  no need for
defense. damage or intent to damage
o 2. Private individual falsifying a private document
Issuing copies (171 ¶7)
 there is need for damage caused or intent to
 Two modes of committing this crime?
cause damage
o 1. There is no genuine original of the copy of the
 What does “damage” cover?
document issued in an authenticated form  Damage includes material damage
o 2. There is a genuine document, but alteration of
and damage to the credit or honor
the copy as to not correctly reflect the original of a private person
 Done with dolo or with deliberate intent  So it is not confined to mere
 Public officer or notaries-public. Sec. 19,
material damage
Rule 132 of Rules of Evidence enumerates o When can a public officer fall under 172?
these documents.  If a public officer falsifies a document,
Intercalating instrument or note (171 ¶8) without abuse of official position, he can
be liable under Art. 172
 Intercalated document must be false and change the
 The offender did not gain any profit from the falsification
sense of the document or official book.
of private document. But intent is an internal act. How
Number of crimes of falsification committed: does one establish this intent?
 One may be liable for estafa through falsification of a o There must evidence independent of the
public or official document, but not estafa through falsification to establish intent.
o Ex. May consist in an attempt to encash or use the
falsification of private document.
 There are as many crimes of falsification as the number of document, or verbal or physical acts indicating
documents falsified intention behind falsification
o If there is only one document falsified, but under  Under paragraph 2 (“use of falsified documents”), how is
multiple modes, there is only one crime of the crime committed?
o 1. Person who shall knowingly introduce in
falsification
evidence in any judicial proceeding

105
 o 2. or using a falsified document, to cause damage
or with intent to cause damage
 A private individual who falsified a document, and also
used the document under a judicial proceeding, is he
liable under paragraph 1 or paragraph 2?
o Under the 2nd paragraph, the person using the
document is other than the author of falsification.
If the falsifier himself uses the document in a
judicial proceeding, he is liable for falsification
(par. 1) and not for use
 If a government employee falsifies his personal data sheet
by making it appear that he passed the CSC exam, when
in fact he did not, and he used the personal data sheet to
apply for a position with the government (therefore, not in
a judicial proceeding); how many crimes of falsification
did he commit?
o Two crimes:
o 1. Falsification
o 2. Use of such document in a proceeding other
than a judicial proceeding
 If it was used in some other purpose or
proceeding, is there need to establish
damage caused or intent to cause damage?
 Yes.
o CONTRA: If a falsified document was used in a
judicial proceeding, is there need to establish
damage caused or intent to cause damage?
 No.
FALSE MEDICAL CERTIFICATES, CERTIFICATES OF MERIT OR SERVICE,
ETC. (174)
 Who are punished here?
o 1. Physician who issues false medical certificate
o 2. Public officer who issues false certificate of
merit or service, good conduct, and the like
106
o 3. Private person who falsifies either type of
document (lower penalty)
USING FALSE CERTIFICATE (175)
 What is punished here?
o Person who uses the certificate issued above
 What is material?
o He must do it knowingly and with intent
INTRODUCTION INTO THE PHILIPPINES OF ANY INSTRUMENT INTENDED
TO BE USED IN COUNTERFEITING (176)
 In a situation where the instruments imported could not
be used for the intended purpose, is it an impossible
crime or a crime under Art. 176?
o Still 176. As long as there was intent to use and
there was importation.
 Must one import a complete set?
o No. If the instruments brought into the country
cannot be used on their own, but can be used
alongside other instruments, there is violation of
the law.
Other falsifications
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS (177)
 2 modes of committing the crimes:
o 1. Usurpation of authority
o 2. Usurpation of official functions
 When a public officer or employee has already retired or
resigned but continues to do his duties, is he liable for
usurpation of functions?
o Yes.
o Ex. A notary public who notarizes a document
when his commission has expired violated this
provision
 For usurpation of authority, what must the prosecution
prove?
o 1. Accused is aware he is not a public officer
o 2. He falsely represents himself to be such
o 3. Such person has performed pertaining to an act
of person in authority or agent of PIA
 Is good faith a defense?
o Yes. Felony here is committed by dolo. GF is a
defense.
 Situations involving complex crimes:
o X pretended to a public official in order to molest a
minor. What is the crime?
 Complex crime of usurpation of public
authority with seduction
o X pretended to be a BIR agent and showed falsified
BIR ID. What is the crime?
 Complex crime of usurpation of public
authority with falsification
 Situations where usurpation is just a mode:
o X pretended to be a public official to commit
robbery. What is the crime?
 Just robbery. Take note of Art. 299-A par. 4:
Robbery may be committed through
pretense of exercise of public authority.
 It is NOT a complex crime. Usurpation is
an essential element under this mode.
o X kidnaps another to deprive her of liberty, by
pretending to be a public officer. Is he liable for
complex crime of usurpation and kidnapping?
 No. Usurpation of authority is a mode of
committing crime of kidnapping.
o Person pretending to be authorized to issue
passports:
 Liable under RA 8239. (Phil. Passport Law)
PUBLIC USE OF FICTITIOUS NAME (178)
107
 What are the two paragraphs?
o 1. Fictitious name – purposes:
 1. To conceal a crime
 2. To escape judgment
 N.B. Includes criminal or civil. The
law does not distinguish.
 3. To cause damage
o 2. Person who conceals his true name or other
personal circumstances
 Elements under first paragraph?
o 1. Publicly uses fictitious name
o 2. With any of the mentioned purposes
o Is motive an essential element?
 Yes. Here, motive is essential element.
 If a person uses a fictitious name publicly, but without
these purposes, what crime is committed?
o Same crime, but under Par. II.
 What is meant by “publicly”?
o Includes use in an official or public document
 What is meant by damage?
o Not equivalent in falsification of private document.
o “Damage” here is not to a particular person but to
public interest. Public interest is something in
which the public, community at large, has some
pecuniary interest by which some legal rights are
affected.
 Use of fictitious name as a mode:
o If one uses a fictitious name to defraud another,
what crime is committed?
 Estafa. Art. 315-2(A)
o What if the fictitious name is used to commit
robbery?
 Then it’s just robbery. Under Art. 299(A)-4,
robbery may be committed through use of
fictitious name to gain entry into the house
of another.
  Again, the use of fictitious name here is a  X is guilty of evasion of service of
mode to commit robbery. sentence, but not use of fictitious name.
o If one uses a fictitious name in a narration of facts o Justice Callejo:
in a public or official document, what crime is  If Y did not use a fictitious name to help the
committed? convict escape, he is ONLY guilty for
 Falsification of public, commercial, or delivery of prisoners (since he did not say a
official document, because penalty for use fake name). There was NO overt act of
of fictitious name is already integrated in using publicly a fictitious name. If Y uses a
the former. (171/172) fictitious name, art. 48 will apply
o What if a person uses a fictitious name to obstruct  X guilty of evasion of service of sentence
justice? complexed with use of fictitious name
 Violated PD 1829 (“knowingly uses a  How many multiple crimes of use of fictitious name be
fictitious name to delay apprehension of committed?
suspects”) o There are as many crimes as the number of
 X a convict serving sentence, and Y, in jail, substitutes for fictitious names used
X, to allow X to escape. Y took his place and claimed to C.A. 142
be the escapee by stating his name. What crime did the
 What is C.A. 142?
first person commit?
o Anti-alias law
o Evasion of sentence, complexed with use of
 What are the punishable acts?
fictitious name
o Cannot use a name different form that registered
 The security guard noticed that X was gone, but did not
in the LCR or used in baptism
ask the name of Y. What crime?
o Or for aliens, what was registered with the Bureau
o Justice Albert:
of Immigration
 Y is guilty of use of fictitious name under
 What are the exceptions?
this provision
o Literary, cinema, TV, radio, entertainment
o Justice Reyes:
purposes, and other athletic events where use of a
 Y guilty with delivery of prisoners from jail
pseudonym is a normally accepted practice
AND of use of fictitious name to conceal
o How to secure an alias?
the escape of the prisoner
 Need judicial approval for at most, one
 X guilty of evasion AND use of fictitious
alias. Same proceedings as change of
name to evade service
name.
o Justice Regalado:
 Y is guilty of delivery of prisoners from jail. ILLEGAL USE OF UNIFORMS OR INSIGNIA (179)
Use of fictitious name by the replacement
 What is punished here?
is absorbed by crime of delivery.

108
 o Public and improper use of insignia, uniforms, or
dress pertaining to an office not held by such
person or to a class of which he is not a member
FALSE TESTIMONIES (180-2)
 What are the three types of false testimonies?
o 1. False testimony against defendant (180)
o 2. False testimony favorable to defendant (181)
o 3. False testimony in a civil case (182)
o 4. False testimony is other cases (183A)
o 5. Perjury (183B)
o 6. Offering false testimony in evidence (184)
 False testimony against a defendant (Art. 180) – when
does this provision apply?
o Only applies for crimes under the RPC or SPLs that
use nomenclature of RPC penalties, because the
penalty for false testimony is dependent on the
RPC graduation
 What are the requisites?
o 1. The testimony must be complete
 Must have been subjected to direct and
cross examination (unless latter is waived)
o 2. There is intent to give false testimony
 Thus, only committed through dolo. GF is a
defense.
 Villanueva v. SOJ – witness must be aware
that his testimony is false. Unless he is
aware, he may invoke GF. Knowledge that
his testimony is false is internal act.
 How can you establish this?
 State of mind may be determine by
things he states or does, proof of
motive to lie, and objective falsity
itself (if the statement
egregiously false), or proof from
other facts.
o 3. False statement must be related to the subject
of inquiry, which legitimately affects the defendant
 Not necessary that witness’s testimony
directly affects the decision. It just needs
to affect a material fact.
 Does this provision include testimony on
qualifying and aggravating circumstances?
 Yes.
o 4. There is a judgment of conviction or acquittal
 Because penalty depends on the penalty
imposed on the convict.
 It does not matter whether the accused is
convicted or acquitted. It the intention of
the accused that suffices.
 When will Art. 180 not apply?
 Will not apply if accused in main
case is convicted and is convicted
for a penalty less than correctional
penalty, or a fine.
 The liar may not be prosecuted
under 180, but can be prosecuted
under perjury.
 Who is a “witness”?
o Includes injured party or any witness
o And even one of the accused, as long as he
testified for the prosecution.
 If the accused gave false testimony in favor of himself, is
he liable under 181 (favorable false testimony)?
o No.
o Unless, X was not just disclaiming guilt, but
pinning it upon another. (“Hindi ko pinatay yan.
Siya po ang pumatay!”)
 What is the nature of false testimony as a crime?
is o It is a formal crime. The crime is committed as
soon as the false testimony is given.
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 o Thus, retraction does not extinguish the crime FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN
already committed. AFFIRMATION (183)
o UNLESS it was spontaneously done in the same
 Elements?
testimony – there is GF o 1. Knowingly making untruthful statements
 Relate to RA 6981 – witness protection program: o 2. Not covered in the prior provision
o Person in WPP who testifies falsely loses immunity o 3. Under oath or affirmation, or in an affidavit upon
and can be liable for perjury a material matter before a competent person
o But NOT art. 180-182 of the RPC
authorized to administer an oath when required by
 HSA, sec. 47:
law
o Any person knowingly furnishing false testimony
 Where does perjury apply?
in any proceeding involving terrorism is liable not
o 1. Light penalties
under 180-182 but for the crime committed o 2. Other proceedings (ex. Special proceedings)
 False testimony in a civil case (Art. 182): o 3. Etc.
o Here, the offender may be a party litigant, or a  Can perjury be done by culpa?
witness for a party o No. Perjury is a felony by dolo.
 Elements of 182: o There must be malice. Mere assertion of false,
o 1. Given in civil case
objective fact not enough. There must be criminal
 What is covered by “civil case”?
intent.
 Ordinary action
 How about petitions?
 Supplementary proceedings
o Petition for habeas corpus is a public document. If
(Execution of judgment, prohibition)
the allegations are false, crime is falsification of a
 Petition to annul judgment
 What is not covered? public document.
 Special proceedings. o Complaint for damages filed with MTC which
 Naturalization proceedings. contains false allegations  perjury
o 2. Relating to issues raised o Filed petition to annul judgment and made false
o 3. Testimony must be false assertions  perjury
o 4. Witness knows it is false o N.B. In light of these, generally, a petition filed in
o 5. Must be malicious and given with intent to court where false statements are made, the crime
affect the issues in the case is perjury.
o What is the effect of a retraction?  Must the proceedings terminate first?
 The retraction of a witness under 182 does o No. It is not necessary that the proceeding where
not extinguish criminal liability. the false statements were made must terminate
 Because it’s a formal crime first.
 Is this like Article 180, where penalty depends on
OFFERING FALSE TESTIMONY IN EVIDENCE (184)
outcome of the case?
o No.  Elements?

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 o 1. Party offers the document in evidence
o 2. He knows that the document is false
 Malicious procurement of search warrant and use of
perjured document – what crimes are committed?
o 1. Malicious procurement of search warrant
o 2. Perjury
o N.B. These are NOT complexed (see discussion in
Title II)
MONOPOLIES, ETC (185-6)
RA 9184
 What is RA 9184?
o Procurement Act of Government
 What are the prohibited acts for public officers under this
law?
o 1. Opening sealed bid prior to time appointed for
opening
o 2. Delaying without just cause the screening for
eligibility, opening of bids, evaluation, or post-
evaluation of bids, and awarding beyond allowable
period
o 3. Unduly influencing or using undue pressure on
the Bids and Awards Committee to accept a
particular bid
o 4. Splitting of contracts which exceed purchase
limits and competitive bidding
o 5. Rejecting bids due to manifest preference for a
closely related bidder
o Can they still be prosecuted under RA 3019?
 Yes.
 What are the prohibited acts for private individuals and
colluding public officers?
o 1. Two or more bidders agree and pre-arrange
multiple bids where one is obviously better than
the other to give semblance of competitive bidding
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o 2. One bidder maliciously submits different bids
through different persons, to pretend that there is
competitive bidding
o 3. Entering into contracts where one party refrains
from bidding or withdraws one already made
o 4. Schemes that naturally reduce competitive
bidding
o What are the accessory penalties for offenses #1-
4?
 Public officer suffers temporary or
perpetual DQ from public office
 The private person cannot transact with
government again
o 5. Submitting false eligibility requirements
o 6. Submitting falsified information in bidding
documents
o 7. Participating in bidding using another’s name or
allowing another to use one’s name
o 8. Withdraw a bid after it has been named highest-
rated or lowest-calculated without just cause or to
cause the bid to be awarded to another
 Includes non-submission of final
requirements after acceptance, such as
security, etc.
V: RELATED TO OPIUM
 What changes did the DDA bring about to this title?
o 1. The penalties do not use nomenclature of RPC
anymore
o 2. The penalty is no longer based on quantity
involved except for possession
o 3. Use of dangerous drugs now has a graduated
penalty
 First offense is 6 months rehab
  Second offense onwards has imprisonment
already
 What if possession and use concur?
 Possession applies, not use
 What if sale and possession concur?
 Sale applies, not possession
o 4. Anyone charged under DDA cannot avail of plea
bargaining
 What about probation law?
 Only those convicted for drug
pushing or trafficking are exempted
o 5. Accessory penalties apply not just after
conviction but even during appeal
 What is the new classification of drugs?
o 1. Dangerous drugs
o 2. Controlled precursors and essential chemicals
 Who are the new additional offenders?
o 1. Financier – person who pays for or underwrites
illegal activities in the DDA
o 2. Protector/coddler – person who knowingly and
willfully consents to the unlawful acts in the DDA
and uses his power or position to shield, harbor,
screen, or facilitate escape of any person who has
violated the DDA
 What are the new offenses?
o 1. Illegal chemical diversion of controlled
precursors and essential chemicals
 Sale, distribution, supply, or transport of
legitimately imported, manufactured, or
procured CPECs to any person or entity
manufacturing DDs
o 2. Failure to maintain and keep original records on
transactions with DDs or CPECs
o 3. Misappropriation, misapplication, or failure of
public officer or employee to account for
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confiscated DDs, plant sources, paraphernalia or
benefiting from these
o 4. Planting as evidence any DD/CPEC
 It can even be by private persons
o 5. Violation of any RR of the DD Board
o 6. Issuance of false or fraudulent drug test results
o 7. Violation of confidentiality of records
o 8. Refusal of members of law enforcement
agencies or any government official/employee to
testify as prosecution witness in DD cases
o 9. Delay and bungling in the prosecution of drug
cases by government officer or employee
 What are the old offenses carried over?
o 1. Importation of DD/CPCE
 Also, importation of such through
diplomatic passport, diplomatic facilities,
or other means using official status
o 2. Financing, organizing, managing
o 3. Protecting/coddling
o 4. Selling or distributing or brokering transaction
of DD/CPCE
o 5. Use by drug pushers of minors or mentally
incapacitated individuals as couriers or runners
o 6. Maintaining drug den, dive, or resort where
DD/CPCE is used
 Being employed by or visiting such dens
 Protecting or coddling such dens
o 7. Manufacture of DDs/CPCEs
 Or instruments, equipment, apparatus, etc.
o 8. Possession of DDs or instruments
 Aggravated if during social gatherings (see
below)
o 9. Use of DDs
o 10. Cultivation of plants classified as DDs or
sources
o 11. Unnecessary prescription of DDs
o 12. Unlawful prescription of DDs
 o 13. Attempt or conspiracy (see below)  When is the only time the RPC has any effect?
 What is the rule on attempt or conspiracy to commit o When the accused is a minor who is convicted of
unlawful acts? Reclusion Perpetua (because otherwise, the other
o They have the same penalty as the consummated offenders are charged with Life Imprisonment or
crime in the offense of: other non-RPC-nomenclature sentences)
o 1. Importation of DDs/CPECs
o 2. Sale, trade, administration, dispensation,
VI: CRIMES AGAINST PUBLIC MORALS
delivery, distribution, or transportation of any
DDs/CPECs
o 3. Maintenance of a den, dive, or resort where DDs
GRAVE SCANDAL (200)
are used
o 4. Manufacture of DDs/CPECs  What is punished here?
o 5. Cultivation and culture of plants which are o Highly scandalous conduct
 Where must it be commited?
sources of DDs/CPECs
o Must be in a public place. Must be in public view
o N.B. these mostly relate to production and
o Unless there is an element of publicity, there is no
sale/distribution
grave scandal. Ex. the accused and her paramour
 What are the qualifying or aggravating circumstances?
o 1. Crime committed under the influence of drugs were committing adultery in a private place
o 2. Possession of DDs or equipment aggravated if (kitchen of woman’s house)
possessed during parties, social gatherings, or IMMORAL DOCTRINES, OBSCENE PUBLICATIONS, ETC. (201)
meetings, or in the proximate company of at least
 What is the test of obscenity?
two persons
o Whether it shocks the ordinary and common sense
 What is the nature of violations of the DDA?
of men.
o Malum prohibitum
o Whether the tendency of the matter is to deprave
 What are the new programs for treatment and rehab of
or corrupt those whose minds are open to those
drug dependents?
o A drug dependent or any person who uses DDs immoral influences.
 Is nudity obscene per se?
may apply to the DD Board for treatment and
o Mere nudity in art or sculpture is not obscene
rehab. Effects:
since this can be a work of art.
 1. Exempted from criminal liability
o If the nude representations are sold for
 2. Placed on probation and undergo
commercial purposes and not the sake of art, it
community service
 3. Charged for violation of use of drugs may fall under this provision on obscenity.
o Or compulsorily confined under the Compulsory  How about actual exhibition of sexual intercourse in
Submission Program – by petition of the DD board public?
to the RTC

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 o It is a crime under this provision. There is no art o Exception: police can apply to court for an order to
here. take a photo or video of a couple for investigation
 What must be the nature of commercial distribution? and apprehension of those committing this crime.
o It must be distributed widespread or to many  Relate to RA 7610 - Child abuse law:
people, because if it is isolated, then it does not o Those who coerce or induce a child (person under
disturb the law 18, or over 18 but suffering from mental or physical
RA 9995 – law punishing video and photo voyeurism (amended defect) – hired to perform in indecent shows or
Art. 201): obscene publications
o Here, the child is exempt from punishment
 What are the crimes punished under RA 9995? because the child is a victim.
o 1. Taking a video or photo of sexual act without o Who are liable?
consent of person  Ascendant, guardian, any person entrusted
o 2. Capture image of body parts (breast, buttocks, with care of child
genitals, etc.) without consent of the person  Person who induces or coerces the child
 N.B.: For above, there must be reasonable
VAGRANTS AND PROSTITUTES (202)
expectation of privacy which was violated
 If a couple goes to a motel, is there an  Amended by RA 9344, Sec. 58:
expectation of privacy? o Persons below 18 are exempt from criminal
 Yes. That is why they went to the liability from prosecution for vagrancy or
motel. prostitution
 What is “Reasonable expectation of o Or mendicancy under PD 1563
privacy?”  Who are vagrants?
 The person concerned believes that o 1. Person with no apparent means of subsistence,
she can disrobe in privacy without but has physical ability to work, and who neglects
being concerned that she would be to apply himself to some lawful calling
captured in photo or video o 2. Person loitering or wandering about with no
o 3. To sell, copy, or cause distribution of the video visible means of support
or photos – even when there is consent by the o 3. Idle person who lodges in houses of ill repute;
persons involved ruffians or pimps
o 4. To broadcast in print, radio, or video these o 4. Loitering in inhabited or uninhabited place
sexual acts (even in VCD or DVD) belonging to another without any lawful or
o N.B. So lack of consent is not an element when the justifiable reason
material is being distributed already o 5. Prostitutes
 Can this video or photo be submitted as evidence?  RA 7610: Who are liable?
o No. This photo or video is inadmissible for o 1. Pimps
evidence.

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 o 2. Those other persons that procure child inside a room, inn, vehicle, or
prostitutes or encourage them secluded area under circumstances
o 3. Those who engage in sexual intercourse with that would lead a reasonable person
children to believe the child is about to be
o 4. Those deriving profit or advantage (e.g. owners exploited
of establishment) o 2. Those who commit sexual intercourse or
 Further amended by RA 9208 – anti-trafficking of persons lascivious conduct with child exploited in
act of 2003: prostitution
o Covers sex-tourism, qualified trafficking of  When is the offender charged under the
persons, etc. RPC instead?
 When is trafficking of persons qualified under RA 9208?  When the child is under 12, which is
o 1. If the trafficked person is a child (under 18 or statutory rape
over 18 but has mental or physical defect)  When is there attempt to commit child
o 2. Offender is in military or law enforcement prostitution under this paragraph?
agencies  Receiving services from child in
o 3. If the offended person dies, becomes insane, massage parlor, sauna, or health
gets AIDS/HIV, is mutilated club, etc.
 What are the civil liabilities of the offender? o 3. Deriving profit or advantage from child
o Offender liable to trafficked person – from personal
prostitution
properties  What are the punishable acts of child trafficking?
o If insolvent, take value from those proceeds and o 1. Any person who engages in trading and dealing
instruments derived from trafficking, that are with children, as in buying and selling children for
confiscated consideration
 What are the special features of RA 9208? o 2. Qualified if victim is less than 12
o 1. THERE CAN BE INDEPENDENT ACTION for civil  When is there attempted child trafficking?
liabilities under this law o 1. Child travels alone to foreign country without
o 2. Exempt from filing fees valid reason, clearance from parents or guardian,
R.A. 7610 – SPECIAL PROTECTION AGAINST CHILD ABUSE or DSWD
o 2. Person or institution recruits women or couples
 What are the punishable acts of child prostitution?
to bear children to be trafficked
o 1. Promoting, facilitating, or inducing child
o 3. Doctor, midwife, nurse, or other hospital
prostitution
employee simulates birth for purpose of child
 When is there attempt to commit child
trafficking
prostitution under this paragraph?
o 4. Person engages in act of finding children among
 Person who is not a relative of the
child is found alone with the latter low-income families, hospitals, clinics, etc. for
purpose of child trafficking

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 o Applies to the judges of the first and second levels
VII: CRIMES COMMITTED BY PUBLIC OFFICERS (MTC, RTC)
o But not justices of appellate courts, SC, or
Sandiganbayan (those who render collective
WHO ARE PUBLIC OFFICERS? (203) judgment after due deliberation)
 What is the nature of this offense?
 What is the coverage of “public officers” under this Title?
o Judge must commit breach of positive statutory
o Definition in 203 is extensive and comprehensive.
duty or performance of discretionary act with
Embraces all public servants, from highest to
improper or corrupt motive
lowest. Removes distinction between officers and
 When is a judgment unjust?
employees. o Contrary to law, not supported by evidence, made
o Definition includes those occupying positions in
with conscious and deliberate intent to do
government, highest to lowest, permanent or
injustice
temporary. o There must be intent + overt act
o Includes those with positions in GOCCs, including  It is not enough that the judgment is
GSIS, Postal Service. contrary to law or that the judgment is not
 Includes subsidiaries of GOCCs, whether
supported by evidence – there MUST be
created under Corporation Code or original
intent on the part of the judge to do the
charters.
injustice.
 Whether stock or non-stock, vested with
o Can this be committed by culpa?
functions relating to public needs  No. This crime is malum in se. It cannot be
(governmental or proprietary), owned by committed by culpa.
government either wholly or partially  A judge renders a decision that is not based on evidence
Crimes committed by judgment on record, and he is aware of it. He still renders the
decision. Is he ipso facto criminally liable?
 What are the crimes under this subdivision?
o No. The judgment of the court must first become
o 1. Knowingly rendering an unjust decision (204)
o 2. Rendering unjust decision through inexcusable final and executory before he can be charged of a
negligence (205) violation of Art. 204.
o 3. Unjust interlocutory order (206) o What prerequisite proceedings are contemplated?
o 4. Malicious delay in administration of justice (207)  1. There must be a decision of an appellate
o 5. Dereliction of duty (prevaricacion) (207) court, in prohibition/certiorari/appeal
o 6. Betrayal of trust by attorney (208) impugning the validity of the decision OR
 2. There is an administrative charge
KNOWINGLY RENDERING AN UNJUST DECISION (204)
against the judge for promulgating the
 To which judges does this provision apply to? unjust order

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MANIFESTLY UNJUST JUDGMENT THROUGH INEXCUSABLE NEGLIGENCE
(205)
 When is there inexcusable negligence?
o If the mistake of the judge cannot be explained;
there is a manifest injustice with no reasonable
explanation.
 When is a judgment unjust?
o When it is contrary to evidence on record or the
law.
 Can this be committed by culpa?
o Yes. Unlike Art. 204, a judge may be liable by
culpa.
 When does liability attach?
o Not only erroneous, but motivated by dishonestly,
hatred, or some other evil motive
 What can the judge invoke as a defense against ignorance
of the law?
o 1. Good faith
o 2. Absence of malice
o 3. Improper consideration
UNJUST INTERLOCUTORY ORDER (206)
 Elements:
o 1. Judge either:
 A. Renders manifestly unjust interlocutory
order or
 B. Decree through inexcusable negligence
or ignorance
o 2. Either by dolo or culpa
 What is an interlocutory order?
o One that does not finally dispose of the case
MALICIOUS DELAY IN ADMINISTRATION OF JUSTICE (207)
 What is the nature of this felony?
117
o Felony by dolo. Must be committed with corrupt
motives or malice, by a judge in delaying the
administration of justice.
 What is required?
o Mere delay is not enough. There must be intent to
deliberately delay.
PREVARICACION/DERELICTION OF DUTY (208)
 Who is liable for prevaricacion/dereliction of duty?
o Public officer who, in dereliction of his duties,
maliciously refrains from instituting prosecution
for violation of laws or tolerates commission of
these acts
 Who are the officers liable here?
o Those charged in institution or filing of criminal
complaints against violators of the law
 Ex. Agents of the NBI, PDEA, prosecutors,
OMB, special prosecutor, etc.
o Those charged with enforcement of internal
revenue laws are NOT included
 What is the nature of this felony?
o This is malum in se.
o Although the crime may be committed by
tolerance, however, the law expressly requires that
the public officer/employee MALICIOUSLY refrains
from instituting or prosecuting violations of the
law.
 What is the condition sine qua non before a public
officer/employee can be charged with prevaricacion?
o The offender whom the public officer refused to
charge/prosecute must FIRST be prosecuted and
convicted for that crime whose prosecution was
omitted by the public officer
o This is a condition sine qua non to prevaricacion
 What crimes does prevaricacion touch upon?
o Refers to both RPC and SPL crimes
 What about public officers and employees not tasked with
instituting criminal actions or prosecuting them?
o 1. They can be liable under PD 1829 – obstruction
of justice
o 2. May also be held as accessories under Art. 19 of
RPC
 Are they liable for any other crime?
o Violation of Anti-Graft and Corrupt Practices law,
in addition to liability under Art. 208.
 What is the relationship between prevaricacion and
qualified bribery?
o Prevaricacion is a constituent element of qualified
bribery (Art. 211-A). The officer has
convicted of prevaricacion first of an offense
punishable by RP. And then, he can be charged
with qualified bribery if he accepted consideration
for such dereliction.
BETRAYAL OF TRUST BY ATTORNEY OR SOLICITOR (209)
 Who can commit a violation under this provision?
o Can only be committed by attorney-at-law (no
more procurador judicial anymore)
 First form of violation:
o Client must suffer prejudice due to malicious
breach of lawyer of professional duty,
inexcusable negligence, or ignorance
o What is “prejudice”?
 Material or moral damage
o Where else is the lawyer liable under?
 Sec. 4B of RA 3019 – Anti Graft and Corrupt
Practices Law if the lawyer knowingly
induces or causes public official to commit
any of the offenses under Sec. 3 of the RA
3019
o Practicing lawyer may also be liable for bribery
under this provision, if he connives with a public
officer.
 Second form:
o Revealing client’s secrets learned by him through
professional capacity
o N.B. No need to prove damage or prejudice here
 Third form:
o Undertaking defense of opposing party in the same
case without consent of first client
o No liability for lawyer if the client accedes to the
lawyer representing another
to be Bribery
DIRECT BRIBERY (210)
 Three forms of direct bribery:
o 1. Public Officer:
 agrees to perform a criminal act,
 in connection with official duties,
 in consideration of any offer, promise, gift,
or present
 received by him or through mediation of
another
 whether the crime is committed by him or
or another
o 2. Acceptance of gift, etc. for a non-criminal act
o 3. Acceptance of gift, etc. in consideration for
refraining from doing something which is his duty
to do
 Who commits the crime of bribery?
o Crime of bribery is committed by the public officer.
o What about the gift-giver?
 Giver of the gift commits corruption of
public officer.
 What are the elements of the first mode?
o 1. Accused is a public officer
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 o 2. He receives directly or through mediation of cannot lead the court to conclude that bribery has
another some gift, etc. been committed. There must be physical act
o 3. Given in consideration of commission of indicating acceptance.
commission by the P.O. of some crime in  What constitutes “gift or present”? Can it be services?
connection with performance of his duties o Yes. The gift or present may be in the form of
 Second mode? services to be rendered by the bribe giver. A
o 1. Act in consideration for which the gift, etc. was promise to do an act that would have pecuniary
given does not constitute a crime gain to the PO is a present.
 For the public officer to be liable for direct o It is enough if a reward or personal advantage
bribery under the 2nd form, although the act would accrue to the PO from the performance of
of the P.O. does not constitute a crime, the an act by the bribe giver, and he values it highly
act must be unjust  Can there be attempted or frustrated bribery?
o 2. The act or crime relates to P.O.’s exercise of o NO. – Read on as to why even if the court keeps on
functions deciding there is “attempted bribery,” there is
 What if the act is not part of his duties? actually none. To be safe, however, follow the SC
o If the act is ENTIRELY outside his official decisions for the Bar.
functions, not liable for direct bribery. o De Los Angeles v. P – lawyer promised and actually
o Ex. If a public officer represents to an individual delivered to NBI money to spare his client from
that he can issue a permit, but he cannot issue it investigation for smuggling of aliens. NBI agent
in actuality, he is not liable for direct bribery. He accepted the money, but the agent gave it to his
is liable for estafa. superior to use as evidence against the smuggler.
 When is bribery consummated?
What crime was committed?
o Because the gravamen of the crime is the offer or
 Attempted bribery.
promise and the acceptance, the crime is o US v. Te Tong – Appellant offered money to Chief of
consummated upon acceptance of the Police for the latter to release certain
offer/promise. merchandise seized from appellant in gambling.
o It does not matter whether the offered thing is
The police accepted it, but to use it as evidence
actually given to the officer – as long as there is against appellant. What crime?
offer and acceptance, there is consummation  Attempted bribery as well.
 Does physical receipt per se amount to consummation? o P v. Ng Pek – Appellant offered money to the police
o No.
to dissuade them from arresting him and charging
o Pelegrino v. P: The offered money was left on the
him for violation of ordinance. Policemen refused
table. The public officer gets the envelope and
to accept the money. What crime?
says “ano to?” HELD: Mere physical receipt  Attempted bribery.
without any other act or sign showing acceptance

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 o N.B.: the one guilty of bribery is the public officer,
but why is it that in these three cases, there was
attempted bribery?
 It must have been attempted CORRUPTION
OF PUBLIC OFFICER.
 Must the gift be offered or can it be solicited?
o The present or gift may be solicited by the public
officer or employee. If does not distinguish
whether offered by the bribe giver or solicited by
the officer
 Must the act be done?
o No. It does not matter.
o In fact, if the criminal act was actually done by the
PO, he is guilty of two crimes: direct bribery + that
crime. (Article 48 does not apply.)
o May he be charged simultaneously for these two
crimes?
 Yes.
o Supposing he received the bribe to commit a
criminal act, but the officer did not commit the
criminal act?
 He is liable for bribery under the first mode.
It does not matter if he actually commits
the crime or not.
 When are there multiple counts of bribery?
o There are as many crimes of direct bribery as the
number of times a bribe is offered and
received/accepted.
o Ex. LTO inspector – every time he checked and he
was offered money and he accepted it to do a
criminal act
 Mariposque case (mode 2) – A robbery was committed,
and X, a police officer, told the victim: “I will recover your
property, but you have to give me PHP 5,800.” Private
complainant agreed. X recovered it. He did not deliver it.
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o The recovery of the property was not a crime. But
there was an obligation to return the property. It
was his duty to do so. His refusal to do so is not a
crime, but it is unjust. So it falls under Mode 2.
 May a private individual be liable for bribery?
o Asejas was a practicing lawyer. His Japanese
client came to the Philippines. He told his client
“there is a complaint against you.” Immigration
agents told client: “Give P25K so we won’t
investigate you.” Lawyer connived with the public
officers and encouraged his client to give money.
He did.
o HELD: Private person (lawyer) was liable for
bribery for acting in conspiracy with the public
officers.
o N.B. The Japanese client gave money because he
was afraid to be charged for any irregularity in the
VISA/ violation of DDA. Shouldn’t they have been
charged for robbery/extortion?
 Bribery must be given voluntarily.
 That is the difference between bribery
(voluntary giving) and robbery/extortion
(involuntarily, through threat)
 When can a judge be an accomplice?
o Judge was an accomplice when he allowed his
chambers to be used for the bribery transaction
between the police and the suspected criminal for
illegal possession
 When is a judge the PDP in this transaction?
o Judge was PDP when he acted as the broker in
bribery
INDIRECT BRIBERY (211)
 What is indirect bribery?
o Public officer accepting gifts given by reason of
his office
 Distinguish from direct bribery:
o Indirect – no such agreement to perform or not
perform an act. PO is not required to do anything
in particular. Enough that he received
gift/present by reason of his office
QUALIFIED BRIBERY (211-A)
 N.B. Relate with Art. 208 (prevaricacion)
 When does this happen?
o Public officer is entrusted with law enforcement
and he refrains from arresting or prosecuting an
offender who has committed crime punishable by
RP and in consideration of offer, promise, gift, etc.
 To what crimes does this apply?
o Crimes punishable by RP
 Must it be RPC or can it be SPL?
o RPC crimes and SPLs using RPC nomenclature
(since the felony uses “RP”)
 What is the condition sine qua non?
o The officer must first be convicted
prevaricacion, prior to conviction for qualified
bribery.
CORRUPTION OF PUBLIC OFFICERS (212)
 What is this crime?
o The act of offering or giving to the public officer
gifts, presents, etc. It must be by reason of his
public office.
o N.B. the public officer is liable for bribery
 Can there be attempted corruption of public officers
under Art. 212?
o Yes, when the officer refused to be corrupted. But
there is no frustration of this crime because once
the public officer concurs, then the crime is
consummated.
Frauds, illegal exactions and transactions, malversation
FRAUDS AGAINST PUBLIC TREASURY, ETC. (213)
the  What is the offense under the first paragraph?
o In official capacity, entering into agreement for
scheme to defraud government
o When is it consummated?
 Consummated by merely entering into
agreement by public officer/employee with
interested party or speculator – no need for
damage to be proven
o What is the nature of this act?
 Crime by dolo
 What is the offense under the second paragraph?
o Person who is in charge of collecting taxes,
licenses, fees who:
 1. Demands payment of larger sums
 2. Fails to issue a receipt voluntarily
 3. Collecting or receiving things or objects
for of nature different from that provided by
law
o Mere demand of sums different or mere failure to
issue receipts consummates the crime. Not
required for State to suffer damage.
o What is the nature of this act?
 Mala prohibita
o If accountable officer demands amount in excess
of what is due to the government, the amount due
to the government is still public property but the
excess is private property
 May private individuals be liable under Art 213?
o Yes, if there is conspiracy with public officer.
MALVERSATION (217)
 Elements?
o 1. Offender is a public officer
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 o 2. He has custody or control of funds by reason of
duties of office
o 3. Those funds/property are public funds for which
he is accountable
o 4. He appropriates, takes, misappropriates,
consents, or through abandonment/negligence,
permits another to take the same
 N.B. shows that malversation can be by
dolo/culpa
 Is demand an element?
o No. Demand is NOT an element of the crime.
 How is malversation committed?
o 1. Misappropriation of public funds
o 2. The taking of such property
o 3. Consenting another to take such property,
whether wholly or partially
o 4. Permitting another due to negligence
abandonment of duty, to take such public funds or
property
 How can this be committed?
o By dolo or culpa
 What are the described public properties or funds here?
o 1. Public funds owned by national government or
any of its agencies, including LGUs, GOCCs, under
the custody of the accountable officers
o 2. Funds or property under custodia legis which
are attached, seized, or deposited with private
individuals or public authorities under the law or
by orders of the courts or executive officers even if
such funds belong to public individuals
o 3. Funds and properties of public corporations or
special instrumentalities such as the PCSO as well
as the PNRC are public funds/properties
 Amounts loaned to private individuals by
GOCCs are private loans and are therefore
not public property or funds
 What is the purpose of Art. 217?
o The SC ruled that the law is designed to protect
the government and penalize erring public officers
conspiring with private individuals resulting to loss
of public funds and property due to corruption or
neglect of duty
 What is “to appropriate”?
o To use public funds or property for himself or
convert the same for his personal advantage
o Includes any attempt to dispose of public funds or
property without any legal right
 What is “taking”?
o Concept of taking in malversation is the same
concept as taking in theft or robbery
o Once a public officer has possession of public
property, however brief as may be, and disposes of
or
the same, he is liable for Malversation
 Who is an accountable officer?
o By reason of office, is accountable for public funds
or property
o Every officer of government agency whose duties
permit or require the possession or custody of
government funds or property and who shall be
accountable therefore and for safekeeping thereof
in conformity with law
o What about donations made by private individuals
to government, are they public funds/property?
 Yes, whether domestic or foreign source,
when duly accepted by government
(because these are remitted to the national
treasury and for which a general fund is
provided for). Even the proceeds are public
funds or property.
o What is the test to determine who is accountable?
 The nature of the duties CONTROLS and
not the nomenclature of the office
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 X is a municipal mayor; he went to Manila on official
business. He got a cash advance. Under the LGC, if you
are given a cash advance, you have to account for this
when you return from your destination. If he fails to
account for it, although he was not benefited. Is he
liable?
o HELD: The municipal mayor is an accountable
officer, because under the Government Auditing
Code, he was obliged to account for the cash
advance. Fact of lack of benefit does not exempt
him from liability.
 X and Y are both public officers. X is accountable, Y is
not. They use public funds to drink beer.
o HELD: X is liable for malversation. Y is not; he is
liable for theft.
 Can a sheriff be liable for malversation?
o Yes, because those taken under official duties are
in custodia legis
 Ex. Received money from execution sale
and misappropriates it
o What are the fiduciary funds of the courts?
 Ex. Bail bonds
 Ex. Funds from extrajudicial foreclosure,
even if destined for a private person, since
it is momentarily entrusted to the one
conducting public auction
o Money and property is under custodia legis if taken
through official judicial processes.
 What is the rule under RA 9165, DDL?
o Any public officer or employee who is accountable
for seized/surrendered dangerous drugs is liable
under the law: life imprisonment to death
o Can misappropriation of seized drugs be covered
by Art. 217?
 Not anymore. It should be prosecuted
under R.A. 9165 alone.
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 If a private individual profits from the fruits of
malversation, since he cooperates as an accessory, can
he be liable?
o He can be liable for malversation as an accessory.
 There must be concrete evidence that:
o 1. He received public funds/property
o 2. There is a shortage of such
 Can a public officer give “vale” (allowances) to a co-
employee?
o No. Government Auditing Code – you cannot give
“vale” to a co-government employee. To tolerate
such a practice is to sanction every public officer
to turn public funds into a lending business. So
giving “vale” is NOT ALLOWED.
 If one misappropriates different types of property: guns,
money, etc., how many crimes are committed?
o If he did everything in one occasion, just one crime
o If multiple times, as many crimes of malversation
as the number of times he misappropriated.
o N.B. So it is determined by instances, not types of
property.
 Clerk of court has custody of 100K consigned with court.
The sheriff stole it when the clerk went out for lunch. Is
the sheriff guilty of malversation?
o No. He is not the accountable officer. If the clerk
is negligent, he is liable for malversation through
negligence. The sheriff is liable for theft.
 What is the effect of restitution?
o Restitution does not exempt him from criminal
liability,
o At best it is a mitigating circumstance analogous
to voluntary surrender.
 If person is charged with dolo, can he be found to have
committed it by culpa?
o Yes.
 Do the aggravating circumstances of abuse of confidence  Culpa – with negligence
and taking advantage of public position apply? o What kind of negligence is required here?
o No, they are INHERENT in crime of malversation.  One that approximates malice or
deliberateness. If one was negligent but
FAILURE TO ACCOUNT (218)
not grossly, it is just ground for
 Elements: administrative sanction.
o 1. Public officer  What are the elements of evasion through negligence?
o 2. Accountable officer o 1. Offender is public officer
o 3. Required by law or regulation to render o 2. He is charged with conveyance or custody of
accounts to government or provincial auditor prisoner (whether detention or final judgment)
o 4. Fails to make account within 2 months o 3. Prisoner escapes due to officer’s negligence
TECHNICAL MALVERSATION (220)  Does evasion through negligence require connivance or
consent of the officer?
 Elements:
o No. This is evasion through dolo.
o 1. Public officer
 Can private persons be liable under this provision?
o 2. Has public fund or property under administration
o Yes, for both forms, but the penalty is lower. The
o 3. Has been appropriated by law or ordinance
private person must be entrusted with custody of
o 4. Applies such fund or property for public use
the prisoner.
OTHER THAN that for which it has been
appropriated for INFIDELITY IN THE CUSTODY OF DOCUMENTS (226-8)
 Gravamen of crime: use or application of funds/property  What are the elements of infidelity in custody of
for some other purpose than that provided for by law or documents?
ordinance o 1. Offender is public officer
o But he did not get it for himself o 2. Document is abstracted, destroyed, or
 Is this included in malversation in 217?
concealed
o No, this is separate and independent from
o 3. The document was entrusted to the officer by
malversation in Art. 217 reason of his office
 Does “ordinance” include appropriations even by boards? o 4. Damage or prejudice to the public interest or a
o Yes.
third person
 What are the modes of committing this offense?
o 1. Officer removes, destroys, conceals documents
Infidelity of public officers
entrusted to him
INFIDELITY IN THE CUSTODY OF PRISONERS (223-5)  Must have damage
 How is infidelity in the custody of prisoners committed? o 2. Officer breaks the seals or permits them to be
o By dolo or culpa. broken and the officer is charged with custody of
 Dolo – with connivance or consent the papers

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 o 3. Officer breaks the seals or permits them to be o 1. Disobedience to order of superior officer
broken and the officer is NOT charged with o 2. Refusal of assistance in the administration of
custody of the papers justice or other public service
 Distinguish this from qualified theft: o 3. Refusal to discharge elective office
o Infidelity: mail matter is entrusted to the official
MALTREATMENT OF PRISONERS (235)
custodian thereof
o Qualified theft: mail matter not entrusted, but in  See RA 9745 – law on torture
 Who are the public officers?
the course of performance of duty, he handles mail
o Those with custody of or in charge of the prisoner
matter and misappropriates it
o Custody must be actual and not just by fiction of
REVELATION OF SECRETS (229-230) law
 Who is the victim?
 What is covered by these provisions?
o The prisoner, the detention prisoner, or convict
o 1. Public officer who reveals secret known to him
who was subjected to maltreatment
by reason of official capacity
 If he inflicts physical injuries without intent to kill or he
o 2. Public officer wrongfully delivers papers he is in
kills the prisoner, he may be guilty for maltreatment of
charge of and which should not be published
o 3. Public officer who reveals secrets of private prisoners and either PI or homicide/murder
individual known to him by reason of official ANTICIPATION, PROLONGATION, ABANDONMENT OF DUTIES (236-8)
capacity
 Judge who continues to exercise functions of an
abolished position, in GF, is a de facto officer
 Abandonment must be total and under such
Other offenses or irregularities
circumstances indicating absolute relinquishment
OPENLY REFUSE TO EXECUTE JUDGMENT OF SUPERIOR COURT, ETC.
(231) USURPATION OF LEGISLATIVE POWERS / EXECUTIVE FUNCTIONS/

 What is openly refusing? LEGISLATIVE FUNCTIONS (239-241)

o Promptly and unreservedly refusing to execute
 Usurpation of one department of the powers of another
judgment
 Does not cover usurpation within the same department.
o There must be clear and manifest refusal
Different provision covers such usurpation
o And there must be criminal intent to defy superior
authority UNLAWFUL APPOINTMENTS (244)
 What if the decision is void?
o Disobedience to void or invalid decision is not a  What is required?
crime o Must be aware that the person nominated or
OTHER REFUSALS (232-4) appointee does not have the legal qualifications.
 Is good faith a defense?
 What are the other kinds of refusal?

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 o Yes.
 Differentiate nominating and recommending:
o Merely recommending is not a crime under this
provision.
o To be liable must nominate someone not qualified
ABUSES AGAINST CHASTITY (245)
 What are the violations?
o 1. Public officer solicits or makes immoral or
indecent advances to a woman interested in
matters pending before such officer
 No need for solicitation to be accepted
o 2. Warden or other public officer directly charged
with care/custody of prisoners or persons under
arrest solicits or makes indecent advances to a
woman under his custody
o 3. Jail warden makes immoral advances
solicitation to the wife, daughter, sister, or relative
within the same degree of affinity of any person in
the custody of such warden/officer
 So here, the prisoner is male but the
solicitation is against a female
 N.B. doesn’t cover mothers
 What if a crime against chastity or person is committed?
o Art. 245 is absorbed
 Public Authority is an Aggravating circumstance
R.A. 3019 – ANTI-GRAFT AND CORRUPT PRACTICES ACT
 What does RA 3019 cover?
o 1. Covers elected and appointed officials and
employees, permanent or temporary,
classified, unclassified, or exempt
receiving compensation, even nominal,
government
o 2. Also covers the private individuals involved in
paragraphs B, C, D, and K (one who urges release
of confidential information for K)
 What are the punishable acts?
o a. Persuading, influencing, or inducing a public
officer to commit a violation or offense
o b. Requesting or receiving any benefit for himself
or another in a transaction with Government where
the public officer has to intervene
o c. Requesting or receiving any benefit from
another for whom the public officer will secure or
has secured a government permit or license
o d. Accepting or having a family member accept
employment in private enterprise with pending
official business with him
 During pendency and up until 1 year after
termination
or
o e. Causing undue injury to a party/government or
granting unwarranted benefits to a party through
evident BF or manifest gross inexcusable
negligence
o f. Neglecting or refusing to act upon official duty
with just cause to obtain some benefit or to
discriminate against/favor a party
o g. Entering in manifestly and grossly
disadvantageous contract on behalf of Government
o h. Having pecuniary interest in any transaction
with Government upon whom he intervenes
o i. Having material interest in any transaction or act
requiring discretionary approval by a board which
whether he is part of, even if he votes in the negative
service o j. Knowingly granting a benefit in favor of an
from unqualified person or to a mere dummy of the
latter
o k. Divulging confidential information
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 What are the exceptions?
o Unsolicited gifts of small or insignificant value
offered or given as mere ordinary token
gratitude/friendship
R.A. 7080 – ANTI-PLUNDER ACT
 What is the definition of “ill gotten wealth”?
o Any asset, property, enterprise, or
possession of any person acquired by him directly
or indirectly through dummies, nominees, agents,
subordinates, associates by any combination or
series of the following means:
 1. Malversation of public funds
 2. Receiving kickbacks or shares
government contracts
 3. Fraudulent conveyance of government
assets
 4. Accepting equity shares or
employment in business enterprise
 5. Establishing monopolies to benefit
certain persons
 6. Taking undue advantage of
position to enrich himself
 What is the plunder?
o Public officer who by himself or with others
amasses ill-gotten wealth through a combination
or series of overt or criminal acts (see above)
amounting to at least 75M pesos
 What is “series/combination”?
o Series is the repetition of the same predicate act
o Combination is the commission of at least two
different predicate acts
 What is “pattern”?
o At least two such acts within a 10-year span (from
the RICO Act)
R.A. 9372 – HSA
 What are liabilities of authorities?
o 1. Unauthorized or malicious interception or
of recording of communication or conversation
o 2. Failure to turn over detainee within 3 days to
judicial authorities
o 3. Violating rights of the detainee
o 4. Failure to keep official custodial logbook and
material required contents
o 5. Threat, intimidation, coercion, torture in
investigation
o 6. Infidelity in custody of detainees
o 7. Unauthorized use of classified materials
o 8. Furnishing false evidence, forged document,
in spurious evidence
o 9. Refusal or delay in release of acquitted person
 What are the unlawful acts related to banks?
o 1. Failure to notify person of freezing of bank
future deposits or accounts
o 2. Copying, removing, destroying joint affidavits re:
frozen deposits
o 3. Unauthorized or malicious examination of bank
public o 4. Bank officials or employees defying court
authorization
o 5. Unjustified refusal to restore frozen deposits
o 6. Loss, misuse, diversion of frozen or seized
assets
VIII: CRIMES AGAINST PERSONS
PARRICIDE (246)
 What are the elements of parricide?
o 1. A person is killed
o 2. The deceased is killed by the accused
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 o 3. Deceased is the parent or child (whether
legitimate or illegitimate), legitimate
ascendant/descendant, or spouse of the accused
o When is legitimate relationship required?
 NOT between parent and child.
 But for every other ascendant-descendant
relationships, it must be legitimate.
 What if the child is less than 3 days old?
o The crime is infanticide
 Distinguish between parricide and infanticide:
o Basis of parricide is relationship; infanticide is age
o Parricide committed only by relatives enumerated;
Infanticide committed by anyone
o In parricide, conspiracy cannot be applied because
relationship is an essential element, so the non-
relative co-conspirator cannot be charged with
parricide; Conspiracy can apply to infanticide
because relationship is not determining
o Concealment of mother’s dishonor is mitigating in
infanticide but not parricide
 Can parricide be complexed with unintentional abortion?
o Yes.
o Ex. X stabbed his wife to death, and the wife was
pregnant at the time. The unborn child dies.
 Is there “robbery with parricide”?
o No. It’s still robbery with homicide. “Homicide” is
used in its generic term, so it includes parricide
and infanticide.
 Can it be committed by culpa?
o Yes. Can be committed by culpa
o Ex. Spouses were quarreling and in retaliation, the
husband drove the car with recklessness, killing
his wife.
 What if the victim did not die?
o Frustrated or attempted parricide
 What if there is no intent to kill?
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o Physical injuries
DEATH UNDER EXCEPTIONAL CIRCUMSTANCES (247)
 When does it apply?
o Legally married person surprises his spouse in the
act of sexual intercourse with another person and
kills any or both of them in the act or immediately
thereafter
o Or under same circumstance, parents with respect
to minor daughters living with them, vis-à-vis
seducers
 What must be the nature of intercourse?
o Sexual intercourse must be consensual
o Even if not consensual, Article 247 can still apply
if husband acted due to mistake of fact.
 Does Article 247 cover sexual assault?
o No, it only mentions actual intercourse. RA 8353
did not amend Article 247.
 What if the killing happens an hour later?
o It is fine, if the killing was still proximate and it
must be the by-product of the spouse’s rage
 What if the spouses were living separately?
o It is not a required element so Article 247 can still
apply.
o But for minor daughters, she must live with her
parents.
 What is the punishment?
o Destierro, if there is death.
o None, if only physical injuries
o Must the court take into consideration mitigating
and aggravating circumstances?
 No, because destierro is not a punishment
per se
 Who cannot benefit?
o One who prostitutes his spouse or daughter
 Is there civil liability for the killing of the  What if the killing is not homicide (ex. parricide or
paramour/spouse? infanticide)?
o No, because Art. 247 is an absolutory cause – a o Then the qualifying circumstances above just
crime is committed but there is no criminal become generic aggravating circumstances
liability o It must be homicide
 H caught his W in the act and told her to leave. W went  What if there is more than one qualifying circumstance for
inside the bedroom to take her jewelries. H said W should homicide to become murder?
just leave and not take the jewelry. W tried to stab H, H o It only takes one to qualify it to murder
o The other will become a generic aggravating
stabbed W. Does Art 247 apply?
o No; NOT Art. 247 because he was protecting circumstance (but since the DP has been
himself. This was self-defense (Article 11). abolished, so the penalty will not be affected –
 Can a relative invoke Article 247? murder is already RP)
o No. But he can invoke Article 11, defense of honor  May treachery apply in abberatio ictus?
– but the act must be reasonable. o Yes, if the unintended victims were helpless to
 What if in the course of firing upon his spouse and the defend themselves
paramour, the offended spouse accidentally injures a third  What about dwelling and nocturnity?
o They are not qualifying per se, but they can be
party caught in the crossfire. What is the crime?
o Article 365 applies: SPI/LSPI through simple instrumental in treachery, which can qualify
imprudence HOMICIDE (249)
o It cannot be attempted homicide because there is
 What is homicide?
no intent to kill and moreover, the accused was not
o Killing of any person which does not constitute
committing a crime in killing his spouse and the
parricide, murder, or infanticide, and without
paramour
justifying circumstance
 What is the rule on intent to kill?
MURDER (248)
o When consummated, it is presumed and hence

 When is homicide qualified to murder? need not established

o 1. Treachery, superior strength, aid of armed men, o When the victim did not die, intent to kill becomes

employing means to weaken the defense a specific criminal intent which must be
o 2. Price, reward, or promise established BRD
o 3. Inundation, fire, poison, explosion, etc., or by  Otherwise, just physical injuries
o When death supervenes, intent to kill is presumed
means of motor vehicles
o 4. On occasion of a calamity from voluntary commission of an unlawful act
o 5. Evident premeditation  Is there frustrated homicide through reckless
o 6. Cruelty, scoffing at the corpse imprudence?

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 o No. Homicide means there is intent. Fall back on  If used to commit ANY of the crimes in the
the concept that if there is no death, no homicide RPC and it results to injury or death of any
is presumed. person, it is an aggravating circumstance
 What is the special aggravating circumstance for those  Except in furtherance of political crimes,
who commit murder, homicide, SPI, or intentional which absorbs the use of explosives
mutilation and the victim is under 12, under RA 7610?  What if a person is killed in the course of or in the
o The punishment is RP regardless occasion of carnapping?
 When does VAWC apply, and when does homicide/murder o It becomes qualified carnapping. Article 48 does
apply? NOT apply.
o If there is intent to kill, it’s attempted or frustrated
murder/homicide.
 Of course, if the victim dies, DEATH IN TUMULTUOUS AFFRAY (251) AND PHYSICAL INJURIES IN
murder/homicide. TUMULTUOUS AFFRAY (252)
o For acts of violence without intent to kill, VAWC
 What is the nature of Articles 251-2?
applies.
o Does not define a crime. It only provides penalty.
 Under RA 8294, when does illegal possession of firearms
o What is contemplated here are deaths in a
become aggravating?
tumultuous affray where the actual killer (or
o For murder and homicide.
 Nepomuceno: included parricide in this inflictor of SPI) is not known. If the person is
provision, because it also involves taking of identifiable, then these articles do not apply.
 Elements of 251:
life
o 1. Several persons means more than 2 in each
o Whereas for rebellion/insurrection, sedition,
group
attempted coup, it’s just absorbed as an element
o 2. They are not groups that are organized for the
of the crime.
purpose of attacking another
o N.B. Simple illegal possession of firearms can only
 Otherwise, conspiracy will apply
be committed if no other crime is committed with o 3. Persons attack one another is a tumultuous
such firearm. If there is some other crime
manner
committed, the illegal possession is absolved (ex. o 4. Cannot determine who killed the deceased
alarms and scandal, attempted homicide, etc.) o 5. Person who inflicted physical injuries on the
o What is an unlicensed firearm? deceased can be identified
 1. One without a license o Who is the victim in 251?
 2. One with expired license  “Someone” – meaning, it can be a
 3. Unauthorized use of licensed firearm in
participant or a mere passerby
the commission of a crime  What about 252?
o What about the use of unlawfully manufactured,
acquired, or possessed explosives?

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 o 1. Same circumstances, but nobody died; there are o 1. Offender discharges a firearm against or
just SPI, and the person who actually inflicted the towards another
SPI cannot be ascertained o 2. With no intention to kill or injure but only to
o 2. But those who inflicted violence on the person scare
can be determined  What if there is intent to kill?
o Who is the victim in 252? o Then it is murder or homicide in attempted or
 Must be a participant in the affray frustrated stage
 What if the person who committed the killing (251) or SPI  What if there is no intent to kill but the person was hit?
(252) can be ascertained? o Physical injuries (S, LS, or slight)
o Then neither 251 nor 252 can apply.  What if he fires in the air?
 What if one group in a concerted and planned effort o It’s Tumults/serious disturbances (153) or Alarms
attacked the other and the latter only defended and scandals (155)
themselves?  What if the firearm is unlicensed?
o All of the members of the attacking group are o Under RA 8294, it doesn’t matter because another
liable for all injuries on the basis of Art. 8 crime is committed (discharge of firearms)
 Can discharge of firearms be complexed with S/LS
(Conspiracy) – the act of one is the act of all
 What if the group is organized? Physical injuries?
o Then conspiracy will apply too. o Yes. This is if a random person gets hit by the
discharged bullet.
ASSISTANCE TO SUICIDE (253)
INFANTICIDE (255)
 Is suicide a crime?
o No. A person trying to commit suicide does not  Elements:
commit a crime, even if he fails to kill himself. o 1. Child is born alive
 What is contemplated in 253? o 2. The child is already viable (capable of
o A person has decided to commit suicide and independent existence)
requested another to assist in his suicide.  Who is not viable?
o If the initiative did not come from the deceased,  Fetus with intra uterine life of 6
obviously, it’s homicide or murder. months or less
 If X jumps to kill himself, lands on another, and kills that  What if the fetus is not yet viable?
 Then it is abortion
other person, what is the crime?
o 3. The infant killed was less than 3 days old
o S can be liable for the death of the other person
 Who can commit the crime?
o Others believe not liable
o Anyone, even if not a relative
 Can treachery apply as an aggravating circumstance?
DISCHARGE OF FIREARMS (254)
o No. Treachery is inherent in infanticide
o As with abuse of superior strength
 Elements:

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 What is the extenuating circumstance of concealment of o Another person (not the woman) causes abortion
dishonor? by violence, but unintentionally
o If committed by the mother of the child to conceal  What does “unintentional” refer to?
her dishonor, her penalty is mitigated  There must be no intent to abort the
o Also can be committed by the maternal child.
grandparents  But “unintentional” does not refer to
culpa, because there has to be prior
ABORTION (257-259) violence with intent committed.
o What if the violence was caused by imprudence?
 When is there abortion?  It is not unintentional abortion
o 1. Fetus is still drawing life from his mother  It is reckless/simple imprudence resulting
o 2. Fetus is not yet breathing on its own to unintentional abortion
o 3. Baby had intra-uterine life of less than 7 months o X stabbed and killed his wife 9 months pregnant.
and is killed within 24 hours What is the crime?
 What are different kinds of abortion?  Parricide with unintentional abortion
o 1. Intentional abortion  Does concealment of dishonor by the mother or maternal
o 2. Unintentional abortion (almost) grandparents also apply to unintentional
 What are the means by which intentional abortion is done
abortion?
and punished? o Yes.
o 1. Violence upon person of pregnant woman (RT)
o 2. Without violence, but without consent of woman Intentional abortion Unintentional abortion
(PM) With or without violence Always with physical violence
o 3. With consent of woman (PC)
By woman herself or another Always by another person
 What else in included?
person
o 1. Abortion practiced by the pregnant woman
herself or her parents Offender knows of the Offender may or may not
o 2. Abortion performed by a physician or midwife pregnancy know of the pregnancy
 Does the alternative-aggravating There is intent to abort There is intent to inflict
circumstance of high degree of education violence, but no intent to
apply here? abort
 No, the education is an element of
the crime is already punished
DUEL (260-1)
accordingly.
 Can there be frustrated abortion?  Elements:
o Yes, according to J. Regalado o 1. Previous agreement to fight
 What is unintentional abortion? o 2. Two or more seconds for each combatant

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  N.B. “seconds” are those who enforce the
rules of the duel, who take their place if  What is the most important thing to remember for PI?
they can’t finish, etc. o There must be no intent to kill
o 3. Choice of arms and other terms of agreement  How is SPI committed?
o 1. Wounding, beating, or assaulting another (263)
must be agreed upon by the seconds
o 2. Knowingly administering injurious substances or
 How is resulting death or injuries punished?
o Homicide or physical injuries beverages (264a)
 Who is the offender? o 3. Taking advantage of his weakness of mind or
o 1. Person who challenges another credulity (264b)
o 2. Person who incites another to challenge an  What is the classification of injuries and penalties based
adversary on severity (most severe to least)?
o 3. Person who accepts challenge from an o Par. 1:
adversary to a duel  MENTAL – insane or imbecile
o 4. Scoffing or decrying another for having refused  PHYSICAL – impotent or blind
 Blindness: must be complete
to accept a challenge to fight or duel
 Impotence: loss of power to
MUTILATION (262) procreate and not copulation
 N.B. if castration was done with
 What is mutilation? intent to deprive the victim of the
o Intentional chopping off of a part of the body power of generation: mutilation, not
which will not grow again SPI
 What is controlling? o Par. 2:
o There must be intent to mutilate. So it cannot be  LOST POWER TO – speak, hear, smell
by culpa.  LOST USE OF – eye, hand, foot, arm, leg
 What if there is no direct intent to mutilate?  LOST BODY PART – eye, hand, foot, arm, leg
o Just serious physical injuries  INCAPACITY TO WORK – permanent, as to
 What if there is intent to kill? job habitually engaged in
o Frustrated homicide or parricide o Par. 3:
 Can mutilation be punished under VAWC?  Deformity
o No, because RA 9262 says that mutilation is  Injury resulted to an ugliness upon
punished under the RPC, and not VAWC the offended that would not
 When is the punishment greatest? disappear through natural healing
o When what is cut off is a body part for process
reproduction  LOST BODY PART – any other part
 ILLNESS OR INCAPACITY TO WORK – more
SERIOUS PHYSICAL INJURIES (263) AND ADMINISTERING OF INJURIOUS than 90 days
SUBSTANCES OR BEVERAGES (264) o Par. 4:

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  ILLNESS OR INCAPACITY TO WORK – more
than 30 days
 What are the circumstances qualifying SPI?
o 1. Victim is any of those of parricide
 Except for parents, on injuries inflicted by
them due to excessive chastisement
o 2. Presence of any of the qualifying circumstances
for murder
 How does SPI relate to robbery with physical injuries?
o 1. Par. 1, if committed “by reason or on occasion of
robbery” (RT med – RP)
o 2. Par. 2, if committed “by reason or on occasion of
robbery” (RT)
o 3. Par. 3-4, if committed “in course of execution of
robbery” (PM max – RT med)
o What is “in course of execution of robbery”?
 It means the robbery is not yet completely
accomplished when the SPI were inflicted
 As opposed to par. 1-2, where it can be “by
reason of or in the occasion of” robbery
 When does Art. 264 apply?
o When injurious substances are introduced or
injected into the body of the victim
 What is important (again)?
o No intent to kill
 What if the substance is poisonous?
o Murder (or attempted/frustrated)
 Can this be committed by culpa?
o No. There must be intentional introduction of the
substance
 What if the offender is not aware that the substance is
injurious?
o Serious physical injuries through reckless
imprudence
 What if there is intent to kill but the quantity is not
enough to kill?
o SPI or LSPI
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o Not an impossible crime
LESS SERIOUS PHYSICAL INJURIES (265)
 When are there LSPI?
o When the incapacity of the offended party is 10-30
days, or he requires medical attendance for the
same period
 What are the qualifying circumstances for LSPI?
o 1. Ignominy or to insult or offend the victim
(additional fine)
o 2. Victim is offender’s parent, ascendant, guardian,
curator, teacher, or persons of rank or PIA (next
higher degree of penalty)
o But isn’t harming a PIA direct assault?
 Yes. So this provision only applies if the
PIA is not performing acts in the course of
his duties
 Or if the offender didn’t know the victim
was a PIA
SLIGHT PHYSICAL INJURIES AND MALTREATMENT (266)
 When is there slight PI (from highest degree to lowest)?
o 1. Incapacity of offended party is 1-9 days
o 2. Physical injuries do not prevent the victim from
engaging in habitual work and did not require
medical attendance
o 3. Maltreatment by deed
 X slapped Y. Y did not sustain physical injury or need
medical attendance. What is the crime?
o Slight PI
o What if the purpose is to humiliate Y?
 Slander by deed
 What if the injury was not serious at the onset but later on
becomes serious?
o The crime committed can change on the ultimate
injury caused
 o Ex. frustrated can become consummated
o Ex. SPI can become homicide
RAPE (266-A AND 266-B)
 What is the nature of rape since RA 8353?
o It is a crime against persons
o Thus, it may be filed by the public prosecutor.
Consent of the offended party is no longer needed
to file.
 May husbands be liable for rape/sexual assault on their
lawful wives?
o Yes. While he has the right to use persuasion, he
cannot use force, violence, or intimidation.
o Wife has the right to refuse, for instance, if they
are legally separated or the husband has AIDS.
 What are the two classifications under RA 8353?
o 1. Rape
o 2. Sexual assault
o What if an offender inserts his organ and then his
finger in a woman’s vagina?
 One count of rape, and one count of sexual
assault
 Who may be the offender and offended in rape and sexual
assault?
o Rape is always a man against a woman
 What is the exception?
 A woman may be guilty of rape as
an accomplice or principal
indispensable cooperation
o Sexual assault may be committed by or against
men or women
 Is there frustrated rape or sexual assault?
o No. It is always in the attempted or consummated
stage.
o It is enough that a part of the object or organ
passes through the genitals, anal orifice, or mouth
to consummate the crime.
 What is the “instrument” covered by sexual assault?
o It can be a body part or other things
 What are the means by which rape is committed?
o 1. Force, threat, intimidation
 What is the nature of “force”?
 Can be actual or constructive
 What is important is that the
offender was able to achieve his
purpose
 What is the nature of “fear”?
 It includes fear of harm or death
 What is the nature of “intimidation”?
 It must be viewed in the eyes of the
victim
 And sufficient enough to cause fear
on the part of the victim
 A father raped his daughter, but claimed
the latter did not resist. Is it still rape?
 Yes. Moral ascendancy and parental
authority – substitute for violence.
 The same rule applies for uncles,
common law husband of mother,
etc.
 X injected a drug into Y’s body and forced
sexual intercourse upon her. What is the
by crime?
 Still rape. The drug took away her
ability to resist.
o 2. Offended party is deprived of reason or
unconscious
 Deprived of reason:
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  Intellectually weak to the extent or affinity to 3rd degree, common law spouse of
that she is not capable of giving parent of victim
consent to intercourse o 8. In full view of the spouse, parent, children, or
 What is the extent of deprivation of reason? other relatives up to 3rd degree
 Need not be complete o [Specially protected victims]
o 3. Fraudulent machination or grave abuse of o 9. Victim is under 7 years old
authority o 10. Victim has religious vocation or calling and it is
 What is an example of fraudulent known by the offender prior to the rape
machinations and grave abuse of authority? o 11. Victim was pregnant and it is known by the
 The offender succeeds by offender
pretending to be his twin brother is o 12. Victim has mental disability, emotional
a fraudulent machination disorder, or physical handicap and it is known by
 Grave abuse of authority is one the offender
done by an employer to an employer,  How many circumstances are needed to qualify rape?
teacher to student, doctor to o Just one.
patient, etc. o Are the other qualifying circumstances treated as
o 4. Under 12 years old or demented generic aggravating?
 This is statutory rape. No need for force,  No.
threat, intimidation, or other circumstances  What is the special complex crime?
o Homicide committed on occasion of rape or sexual
to exist.
 What are the qualifying circumstances? assault
o [Weapons/military]  Homicide is used in its generic term
o 1. Use of deadly weapon or by 2 or more persons  No such thing as Rape with Murder. It’s
 It must be used to intimidate the woman, always Rape with Homicide.
and not just mere possession o What is “on the occasion”?
o 2. Victim is under custody of police or military  There is logical connection between the
o 3. Committed by AFP, PNP, or other law enforcer rape and homicide.
o [Adverse effect on the victim]  There is no appreciable amount of time
o 4. Victim became insane on occasion of rape lapsed
o 5. Victim suffered permanent physical mutilation  What is the rule on pardon?
or disability o The valid marriage between the offender and
o 6. Offender knows he has HIV, AIDS, or other STD offended party shall extinguish the action or the
o [Relationship] penalty imposed.
o 7. Victim is under 18 and offender is a parent, o If the offender is already her husband, then
ascendant, step-parent, guardian, relative by blood subsequent forgiveness extinguish the action or
penalty.

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R.A. 9262 – VAWC  What is child pornography?
o Representation, visual, audio, or written, of child
 What are the punishable acts?
o 1. Physical harm to woman or her child engaged in real or simulated explicit sexual
o 2. Threatening to cause such physical harm activities.
o 3. Attempting to cause such physical harm o Explicit sexual activities are:
o 4. Placing woman or her child in fear of imminent  1. Genital-genital, genital-oral, anal-genital,
physical harm whether heterosexual or homosexual
o 5. Attempting to have the woman or her child do  2. Bestiality
 3. Masturbation
something they can refuse to do, stop doing what
 4. S&M
they have the right to do, or restrict freedom of
 5. Lascivious exhibition of genitals,
movement. Non-exclusive list:
buttocks, breasts, pubic area, or anus
 A. threaten to deprive custody
 6. Use of object or instrument for lascivious
 B. threaten to deprive financial support
acts
 C. threaten to deprive a legal right
 What are the unlawful or prohibited acts?
 D. preventing woman from engaging in
o [Producing]
lawful profession
o 1. Hiring or using child in porn
o 6. Inflicting or threatening to inflict physical harm
o 2. Produce, direct, manufacture child porn
to control woman’s actions or decisions o 3. Intentionally provide venue for commission of
o 7. Using force or intimidation to have the woman or
prohibited acts (cinemas, dens, private rooms,
child perform non-rape sexual activity
etc.)
o 8. Acts that cause emotional or psychological
o [Selling/distributing]
distress to the woman or her child. Ex: o 4. Sell, distribute, publish, or broadcast child porn
 A. stalking o 5. Possess such with intent to sell, distribute,
 B. peering or lingering
publish, or broadcast
 C. entering dwelling against their will
 When is there prima facie evidence of
 D. destroying property or harming animals
intent to do such acts?
or pets
 Possession of at least 3 copies of
 E. harassment or violence
o 9. Causing mental or emotional anguish, public child porn in the same form
o 6. Distributors, theaters, telecom companies
ridicule, or humiliation to the woman or her child
distributing child porn
R.A. 9775 – ANTI-CHILD PORNOGRAPHY LAW o 7. Pandering child porn
 Who is a “child” under RA 9775?  Selling or distributing material causing
o 1. Below 18 another to believe that the material
o 2. Mentally incapacitated contains child porn, regardless of actual
o 3. Person of age, but depicted as a child content
o 4. Computer generated child

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 o [Corrupting children]  Liable as principals:
o 8. Parent or guardian knowingly permitting the o 1. Officers and members who actually participated
child to engage in porn in the infliction of physical injury or death
o 9. Luring or grooming a child  What is prima facie evidence of
 Luring: communicating through computer participation?
with child to facilitate sexual activity or  Merely being present there
production of porn o 2. Officers or alumni who planned the hazing
 Grooming: preparing child for sexual although not present
activity by communicating child porn o 3. Parents of member whose house is used, if they
o [Accessing child porn] knew but did not prevent such acts from
o 10. Willfully accessing child porn happening
o 11. Possession of child porn  Liable as accomplices:
o [Conspiracy] o 1. Owner of the place where it was done, if he has
o 12. Conspiracy to commit any of the prior acts actual knowledge of what is happening
 When is there a syndicate for child porn? o 2. School authorities who consented to the hazing
o At least 3 or more persons conspiring or or knew, but did not prevent
confederating with one another  Which MC does RA 8049 not allow?
R.A. 8049 – ANTI-HAZING LAW o Praeter intentionem
 What are the qualifying circumstances?
 What is hazing? o 1. Recruitment accompanied by force, violence,
o Placing recruit in some embarrassing or
threat, intimidation, or deceit on the recruit
humiliating situation such as forcing him to do o 2. Recruit consented to join but wanted to quit
menial, silly, foolish, and other similar tasks or upon learning about hazing, but was not allowed to
subjecting him to physical or psychological quit
suffering or injury o 3. Recruit was prevented from reporting to parents
 Requisites of valid initiation rites? or authorities through force, violence, threat,
o 1. Include no physical violence
intimidation
o 2. Prior written notice to school authorities or
o 4. Hazing committed outside school or institution
head of the organization (ex. AFP) 7 days before o 5. Victim is below 12 years old
the initiation.
R.A. 9344 – JUVENILE JUSTICE AND WELFARE ACT
 The school/organization sends a
representative to the rites  What are the prohibited acts by competent authorities?
 Notice contains: o 1. Branding or labeling the child as young criminal,
 1. Names of all those subjected to juvenile delinquent, prostitute, or attach other
activities derogatory names
 2. Time period
o 3. Initiation must not exceed 3 days.

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 o 2. Making discriminatory remarks as to child’s  Can there be kidnapping even if the victim
class or ethnic origin initially agreed to go with the offender?
o 3. Employment of threats of whatever kind or  Yes. If at the onset, the victim
nature agreed to go with the offender,
o 4. Using abusive, coercive, and punitive measures but is thereafter prevented with
use of force from leaving the
(cursing, beating, stripping, etc.)
place, and there was deprivation
o 5. Using CIDT
of liberty, there is kidnapping.
o 6. Compelling child to perform involuntary
o 4. At least one of the circumstances in Art. 267
servitude applies
 When does it become Kidnapping and Serious Illegal
IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY Detention under Article 267?
o 1. Detention lasted more than 3 days
o 2. Offenders simulated public authority
KIDNAPPING AND SERIOUS ILLEGAL DETENTION (267) o 3. Physical injuries were inflicted on the victim
o 4. Threats to kill the victim were made
 Elements of kidnapping/SID?
o 5. Victim is a female, public officer, or minor
o 1. Committed by private individual
(except when accused is one of the parents)
o 2. Kidnaps or detains another or otherwise
o Is length of time relevant?
deprives him of liberty
 Only for the first paragraph (more than 3
 What is the specific intent needed?
days). Duration or length of time is
 Specific intent is to deprive
irrelevant if any of the circumstance in par.
liberty
2 to the last paragraph of Art. 267.
 Does deprivation just involve imprisonment
o If the private individual pretended to be a
or locking up?
policeman, is it a police crime of kidnapping with
 No. It can include deprivation of
usurpation of public authority?
liberty in whatever form, and for
 No. The usurpation of public authority is a
whatever length of time.
mode of committing kidnapping (par. 2) so
 No need for actual deprivation of
it is not a distinct offense.
liberty, even if free to roam
 What are the qualifying circumstances?
around, but cannot go home or
o 1. Ransom is demanded
go anywhere, there is still
 Must ransom be paid?
deprivation of liberty
 No, mere demand for ransom is
o 3. Detention is illegal
enough.
 i.e., no consent was given
 What can ransom encompass?
 When is lack of consent presumed?
 Not just money but anything of
 Presumed if the victim is a
value or beneficial
minor.
o 2. Victim is killed or dies as a consequence
o 3. Victim is raped

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 o 4. Victim is subjected to torture or dehumanizing
acts
 Distinguish kidnapping from grave coercion:
o In grave coercion, a person is also prevented from
leaving or going to another place, but there is no
actual confinement or lockup of the victim.
o P v. Astorga: accused and victim where strolling in
school grounds where accused led victim to
another town. The child wanted to leave but
accused did not let her, parents saw them, not
kidnapping but grave coercion
 Is there a complex crime of kidnapping with SPI?
o No. Infliction of SPI is a mode of kidnapping (par.
3).
 What if the victim in kidnapping is tortured?
o Under RA 9745, if the victim in crimes against
persons or crimes against liberty is tortured, then
the penalty imposed is the maximum.
 What if the victim is killed?
o Special complex crime of kidnapping with
homicide or
o Special complex crime of kidnapping with murder
 N.B. unlike robbery (which is always just
attended by homicide), there can be
special complex crime of kidnapping with
murder
 When do such special complex crimes arise?
o When there is a logical connection or intimate
relation between the kidnapping and the rape or
homicide.
o This applies even if the rape or killing is merely an
afterthought.
o What if the person dies in crossfire due to police
officers firing?
 There is still kidnapping with homicide
because it’s only required that there is a
“logical connection” with the kidnapping or
that arises from it
o What about torture?
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 Apply RA 9745 instead.
 “Dehumanizing acts” – this has been
amended by RA 9745, which considers
torture as distinct from dehumanizing acts
 What if two persons were killed by reason or on occasion
of the kidnapping?
o There are as many crimes as the number of
persons kidnapped.
o So in this example, there are two counts of the
special complex crime of kidnapping with
homicide.
 What if a component crime of the special complex crime
was merely attempted or frustrated?
o There is no special complex crime. The special
complex crime only arises when all component
crimes are consummated.
o If victim subjected to attempted or frustrated
homicide/murder, this is separate from the crime
of kidnapping, do not use Art. 48
 X and Y kidnapped Z, took his car, and demanded ransom.
When they failed to get ransom, they killed Z. What are
the crimes?
o 1) Kidnapping with homicide for ransom. 2)
Carnapping
 There is a special complex crime.
o The SC, however, said that the crime is kidnapping
for ransom and carnapping, with the homicide as
aggravating circumstance. The odd thing is there
is no law allowing for the homicide to be an
aggravating circumstance. (P v. Muit)
 When is it simple murder, and when is it kidnapping with
homicide?
o Primary purpose of the offender is material in
determining the crime. If the primary purpose is to
kill, it’s murder. If the primary purpose is
deprivation of liberty and the victim is killed,
kidnapping with homicide.
 What about rape vis-à-vis kidnapping with rape?
 o If the original purpose is rape, and the deprivation  The one who furnishes the place is liable
of liberty is to fulfill this purpose, then rape. For as an accomplice.
kidnapping with rape, the rape must just happen  What is the special mitigating circumstance?
on occasion of the kidnapping. o If the offender voluntarily releases the within 3
 Under PD 532 (highway robbery), what if kidnapping is days from commencement of the detention:
committed too?  1. Without having attained the purpose
o Qualified. Penalty is (before) death. intended
 When will kidnapping of a person on the highway become  2. Without institution of criminal
a crime under PD 532? proceedings yet
o The seizure must be directed not against a o N.B. It is NOT an exempting circumstance, it just
specific or preconceived victim, but against reduces the penalty
anyone (indiscriminate). o Does this special circumstance apply to
o Must prove that the offenders are organized for the Kidnapping/SID under Article 267?
committing of indiscriminate kidnapping.  No. Just 268.
 Differentiate kidnapping from illegal detention:  What is one day?
o Kidnapping denotes taking of a victim o 24 hours from deprivation
o Illegal detention consists in mere deprivation of  Is the escape or rescue of the victim an exempting
liberty circumstance?
 Can murder and kidnapping with murder arise as two o No
separate crimes?
o Yes. Ex. X killed son of employer then kidnapped
and killed the other child, 2 crimes: murder and UNLAWFUL ARREST (269)
kidnapping with murder, as the killing of the first  What is the tenor of this crime?
child was already consummated at the time the o Arrest of another for delivery to proper authorities
second was kidnapped and killed. but without lawful cause
o Usual cause: arrest without warrant but not under
SLIGHT ILLEGAL DETENTION (268) any of the exceptions under law
o Who are the “proper authorities”?
 Elements:
 Those authorized to arrest another and file
o 1. Offender is a private individual
the appropriate charges
o 2. Kidnaps or detains another or otherwise
 Who may commit this crime?
deprives him of liberty
o 1. Private individuals
o 3. Detention is illegal
o 2. Public officers (as long as the purpose is to
o 4. None of the circumstances in Art. 267 apply
bring the person to proper authorities to file
 What is the penalty for anyone who furnishes the place for
charges)
the perpetration of the crime?
 Compare to arbitrary detention (Art. 124):
o Same penalty as the principal
o What about in Kidnapping/SID?

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 o In arbitrary detention, the public officer had no
intention to bring the offended to the proper
authorities but merely to detain the victim
 What if the officer plants evidence against the victim in
order to arrest him?
o It is arbitrary detention through incriminating
machinations under Article 363.
KIDNAPPING AND FAILURE TO RETURN A MINOR (270)
 Elements:
o 1. Person is entrusted with the custody of a minor
person
o 2. He/she deliberately fails to restore the latter to
his parents or guardians
 Does this amend Article 267?
o No. The intent in the two crimes are different.
 What is the essential element here?
o The deliberate failure or refusal to restore minor to
parent or guardian as the controlling intent
o What must be the nature of this intent?
 Premeditated, intentional, malicious
 Can this crime be committed by any of the parents?
o Yes. In fact, this reduces the crime (special
circumstance in Article 271 but applicable here)
INDUCING A MINOR TO ABANDON HIS HOME (271)
 What is the tenor of this crime?
o Inducing a minor to abandon the home of his
parents or guardians or persons entrusted with his
custody
 Relate this with the crime of kidnapping and SID:
o Kidnapping and SID cannot be committed by the
parents of the minor (paragraph 4 of Art. 267 says
“except when the accused is any of the parents”)
o What if the parent “kidnapped” the minor child?
142
 It would be under 271 instead.
o What if the parent kidnapped his adult child?
 Then Kidnapping/SID 267 can apply
because the law only excludes parents if
the child-victim is a minor
ABANDONMENT OF PERSONS IN DANGER (275)
 What are the different kinds of abandonment?
o 1. Failure to render assistance to a wounded/dying
person found in an uninhabited place
o 2. Abandonment of one’s own victim in an accident
o 3. Failure to render assistance to an abandoned
child below 7 years old
 What if the child is over 7? Then the
liability is under RA 7610.
TRESPASS TO DWELLING (280) AND OTHER FORMS OF TRESPASS (281)
 What are the two types of trespass to dwelling under 280?
o 1. Entering the dwelling of another against the
latter’s will
o 2. Entering the dwelling of another against the
latter’s will through means of violence or
intimidation
 What are the elements of “other forms of trespass” under
281?
o 1. Person enters the closed premises or fenced
estate of another
o 2. It is uninhabited
o 3. The prohibition to enter is manifest
o 4. There is no permission secured from the owner
or caretaker
 What if person enters the dwelling of another to commit a
crime and commits such crime?
o Dwelling is an aggravating circumstance and loses
juridical personality as a separate crime
 When will there be two crimes? GRAVE THREATS (282), LIGHT THREATS (283), AND OTHER LIGHT
o If the accused enters the house not to commit a THREATS (285)
crime, but once he enters, he commits a crime.
 What is a grave threat?
o Two crimes: trespass to dwelling and the other
o Those made with deliberate purpose of creating in
crime committed.
the mind of the victim a belief that the threat will
 Must refusal of consent be express?
be carried out
o No. It may be implied.
o What is the nature of the threat?
 What if the occupant is a mere tenant or lessee?
 Infliction upon the person, honor, or
o It is still trespass.
property of a person or his family of any
 When is there no trespass committed?
wrong amounting to a crime
o 1. Purpose of entry is to prevent some serious
o Must there be a demand for money or any other
harm to the person entering, occupants, or third
condition?
persons
 There may or there may not be
o 2. Purpose is to render some aid to humanity or
 What is a light threat?
justice
o Threat to commit a wrong not constituting a
o 3. Places entered are cafes, taverns, inns, and
crime, with a condition imposed
other public houses while open
 What are other light threats?
 What if these cafes, taverns, etc. are
o 1. Threaten another with a weapon or draw the
closed?
weapon in a quarrel, unless in lawful self-defense
 Then there is trespass to dwelling
o 2. In the heat of anger, orally threaten another with
 What if the place is a disco, restaurant,
some harm not constituting a crime, and it shows
etc?
that he did not persist in the idea (N.B. the code
 They can still be the object of
says “not constituting” but that wouldn’t make
trespass but it becomes trespass to
sense, because par. 3 covers that. So it’s
property because these are not
supposed to “constituting a crime”)
dwelling
o 3. Any person who orally threatens to do any harm
 What are the other similar crimes?
o 1. Violation of dwelling (128) not constituting a felony
o 2. Unjust vexation or light coercion (287) Grave threat Light threat Other light threat
o 3. Theft
Threatens a crime Threatens a wrong Threatens a wrong
 If entry is to fish, harvest, gather, etc.
o 4. Vagrancy May or may not Must have a Does not have a
 If the property is not fenced and there is no have a condition condition condition
prohibition of entry Indications show Threat made in the
 Who should give permission to enter the dwelling? he persists in the heat of anger and
o Person of sufficient discretion. crime indications show
he does not intent
to persist in the

143
 wrong
 Can intimidation be committed by an intermediary?
o Yes
 What if the threats are part of the element of
intimidation/violence in the commission of another crime,
what happens?
o The threats are absorbed.
o Ex. threatening to kill unless she gave in to sexual
advances of accused, the crime is rape
 What if the grave threats constitute force or intimidation
to vacate property?
o Not grave threats but usurpation of real property
or real rights over property
 Distinguish from robbery through extortion:
o 1. Grave threats depend upon moral pressure.
o 2. If crime consists of securing on the spot the
property of the victim, it is robbery through
extortion
 How may multiple counts of grave threats be committed?
o There are as many counts of grave threats as the
number of people threatened
 What is a bond for good behavior?
o For grave threat and light threat (not other light
threats), the court may require the offender to give
bond not to molest the person threatened
o If he fails to do so, he shall be sentenced to
destierro
 Is a threat to sue in court unlawful?
o No. The threat must constitute a “wrong” and
suing in court is not a wrong.
GRAVE COERCION (286)
 Elements of grave coercion:
o 1. Person is prevented by another from doing
something not prohibited by law or compelled to
144
do something against his will, whether right or
wrong
o 2. Prevention or compulsion is effected by violence
either by material force or serious intimidation
that can control the will of another
o 3. Person who restrains the will/liberty of another
has no right to do so
 What are the two types of grave coercion?
o 1. Prevents another from doing something not
prohibited by law (preventive coercion) OR
o 2. Compel him to do something against his will,
whether right or wrong (compulsive coercion)
o What if the subject of preventive coercion is an act
prohibited by law?
 There is no grave coercion
 But it can be some other crime:
 e.g. physical injuries (if applicable),
 unjust vexation (if no injury)
 When is grave coercion aggravated?
o 1. Coercion in violation of right of suffrage
o 2. To compel another to perform or not perform
any religious right
 Distinguish between grave coercion and SID/K?
o Grave coercion – no intent to deprive another of
his liberty
o SID – there is intimidation, but to deprive liberty
 What if the coercion is to prevent people from seeking
grievance or peaceably assembling?
o Article 131 (disturbance or prevention of peaceful
meeting)
 What if the threat is against the owner of a property
intending to take his property from him?
o Article 312 (usurpation of real property or real
rights over property)
 May be liable for grave threats or homicide
(if the person is killed), as the case may be.
  But it may be absorbed by the “violence” annoyance, irritation, disturbance to victim
provision in Art. 312 (“nangungupal”)
 What if there is lewd design? o What if there is a crime against property?
o Forcible abduction, not grave coercion  There is malicious mischief, not unjust
 Distinguish between threat and coercion: vexation. Unjust vexation requires crime
o Threat: against personal security.
 1. Threatened harm/wrong is future and  How can this crime be committed?
conditional o Crime of dolo only
 2. May be done through intermediary or in  Distinguish unjust vexation and attempted rape:
writing o Determine if the act was done in pursuit of rape or
 3. By means of intimidation which is future merely to distress/annoy.
and conditional o Ex. in Baleros v. P, X covered M’s face with a piece
o Coercion: of cloth soaked in chemical. There was no proof
 1. Threatened harm/wrong is immediate, however that it was in pursuit of rape. He was
personal, and direct charged with attempted rape, but was only
 2. Cannot be done through intermediary or
convicted for unjust vexation.
in writing o What is the determining factor?
 3. Committed by violence, although it may  The person’s intent
be brought about by intimidation if serious
DISCOVERY AND REVELATION OF SECRETS (290-2)
enough, direct, immediate, and person
(such as intimidation with a firearm)  What are the punished acts?
 Illustrate the distinction: o 1. Private individual, to discover the secrets of
o Threat: “if you are still here when I come back, I another, seizes his papers or letters and reveals
will kill you.” (future and conditional) the contents (290)
o Coercion: “if you do not get out, I will kill you.”  Lower penalty if there is no revelation
(immediate, direct, and personal)  NOT applicable to parents, guardians,
persons entrusted with custody of minors
LIGHT COERCIONS/UNJUST VEXATION (287)
with respect to the papers or letters of the
 What are light coercions? children
o Person, by means of violence, seizes anything o 2. Manager or employee learns secrets of principal
belonging to his debtor to apply for payment of the and reveals them (291)
latter’s debt o 3. Person who reveals trade secrets to the
 What is unjust vexation? prejudice of the owner (292)
o Human conduct while not leading to physical harm  Includes information not patented but
or without use of force or intimidation, leads to known only to a few individuals
R.A. 4200 – ANTI-WIRETAPPING ACT

145
 What kind of communication is covered by RA 4200?
o Only private communication is expressly
prohibited to be recorded secretly by any person
including one party to that conversation
o So public conversations or statements are not
covered
 When is recording allowed?
o When there is consent by all those involved in the
conversation
 Does the law cover tape recorders or phone extensions?
o Tape recorders are included, phone extension lines
are not
RA 9208 – ANTI-TRAFFICKING OF PERSONS ACT
 What are the punishable acts?
o 1. Recruit, provide, or receive persons for the
purpose of prostitution, porn, sexual exploitation,
involuntary servitude, forced labor, slavery, debt
bondage
 Including those in the pretense of overseas
employment
o 2. Introduce or match for money a Filipina woman
with a foreign national for marriage or for the
purposes above
o 3. Offer or contract marriage, real or simulated, for
the purposes above
o 4. Undertake or organize tours and travel plans
with tourism packages or activities pursuant to
the above activities
o 5. Maintain or hire a person for prostitution or
pornography
o 6. Adopt or facilitate the adoption of person for
above-mentioned purposes
o 7. Recruit, hire, transport, abduct person for organ-
harvesting
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o 8. Recruit, transport, or adopt a child for armed
activities here or abroad
 What are the acts that promote trafficking of persons?
o 1. Knowingly lease or sublease property to
promote trafficking
o 2. Produce or issue fake government compliance
materials to facilitate trafficking (ex. registration
stickers, pre-departure requirements, etc.)
o 3. Advertising or promoting trafficking
o 4. Assist in misrepresentation or fraud to facilitate
acquisition of clearances and exit documents from
government
o 5. Facilitate, assist, or help in entry/exit of persons
using fake documents in airports, seaports, or
boundaries
o 6. Confiscate, conceal, or destroy travel
documents of those trafficked to prevent them
from leaving the country or seeking redress
o 7. Knowingly benefit from use of a person in
involuntary servitude, slavery, or debt bondage
 What are acts that qualify trafficking?
o 1. Trafficked person is a child
o 2. Adoption is effected through Inter Country
Adoption Act of 1995 and the purposes are any of
the above prohibited activities
o 3. Crime is by a syndicate or in large scale
 Syndicate: 3 or more persons conspiring
 Large scale: against 3 or more persons
individually or as a group
o 4. Offender is ascendant, parent, sibling, guardian,
or person with authority of the victim, or public
officer/employee
o 5. Offender is law enforcement agent or military
personnel
o 6. Offended party dies, becomes insane, acquires
HIV/AIDS
X: CRIMES AGAINST PROPERTY  Intent to gain can be established
through overt acts of offender
before or after the taking of
ROBBERY IN GENERAL (293) personal property. Intent to gain
 Elements: presumed from taking another
o 1. Personal property of another person’s property without consent.
 What does property cover? Intent to gain cannot be presumed
 Includes any property not included only if there is evidence to the
in the enumeration of real contrary.
properties  Not necessary that the offender
o Because if it’s real property, ACTUALLY gains, because intent to
it’s usurpation of real gain is enough.
property  What is “gain”?
 And capable of appropriation  Not limited to just pecuniary
 N.B. Includes electricity, phone benefit, but also utility, satisfaction,
services, and the like enjoyment, and pleasure
 Can contraband property (ex. drugs) be  Ex. Gasoline boy took a parked car
subject to theft/robbery? and went on a joy ride. He claimed
 Yes.
that he did not intend to take it. But
o 2. Unlawful taking
here, there was gain because there
 What is “taking”?
 Taking of personal property out of was enjoyment, utility, satisfaction,
possession of another without and pleasure.
 Even mere use of property taken is
privity or consent and without
already “gain” under the law.
animus revertendi (intent to return)
 “Gain” rebutted by evidence that he
 What must concur:
 1. Taking (physical act) took property because he claims to
 2. AND intent to gain (mental act) be the owner of the property. The
 Is there frustrated robbery? person is exempt from theft or
 No more frustrated robbery, just robbery, even if it turned out not to
attempted or consummated be his. If the claim is made in BF,
 Taking need not be permanent; Even then it is theft or robbery.
brief possession already o At best, it is just coercion.
consummates the crime o 4. Violation or intimidation against persons OR
o 3. Intent to gain force upon things
 How can intent to gain be established?  When is it robbery or theft?

147
  The crime is robbery, not theft, if
there are acts of violence,
intimidation before asportation, to
enable the person to take
property.
 If violence or intimidation was done
after possession was taken, he is
only liable for theft, grave coercion,
or physical injuries as the case may
be.
o Exception: Robbery
homicide, and robbery with
rape (“in the occasion of”)
 Is snatching theft or robbery?
 Depends. If the victim is not
subject to violation or intimidation,
it is just theft. If the owner is
wounded through violence or there
is intimidation, it is robbery.
 What is “Intimidation”?
 Unlawful coercion, duress, putting
owner/possessor in fear
 Attempt to take property of another
with threats of bodily harm
 No requirement of material violence
– it is NOT indispensable for there to
be intimidation
 Is it possible that one is guilty BRD of theft/robbery even
if the thing stolen is not offered in evidence?
o Yes, because the person may have destroyed the
property, thrown it away, etc.
o As long as the corpus delicti is proved, the
unlawful taking of personal property, there can be
proof BRD.
 What is the presumption of robbery/theft?
o One in possession of recently stolen property is
or presumed to be the author of the crime of
theft/robbery.
the  Recentness is case-to-case.
o Possession may be actual or constructive. The
property may be in the actual physical control of
the offender or in the possession of another, but
under the control of the offender.
 Ex. I stole something but pinatago ko sa
kaibigan ko
with o Accused must not be able to explain his possess
satisfactorily.
 When is the presumption conclusive?
o If the accused fails to explain any innocent origin
of his possession, and the possession is fairly
recent, and it is exclusive.
ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION AGAINST PERSONS
(294)
 What are the crimes penalized under 294?
o 1. Robbery with homicide
o 2. Robbery with rape, intentional mutilation, arson,
or personal injuries in subdivision 1 of 263
o 3. Robbery with physical injuries in subdivision 2
of 263
o 4. Robbery with physical injuries in subdivision 3-4
of 263
o 5. Simple robbery
 N.B. The first four are special complex crimes; the fifth is
not. Art. 48 will not apply for crimes here in Art. 294
 What is the rule in order?
o The above order must be observed. Thus if there
is both homicide and rape, the crime is robbery
with homicide. There is no “Robbery with
homicide and rape.”
o Is the “extra rape” aggravating?
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  The rape is NOT aggravating because it’s
not under Art. 14.
 What if the physical injuries are merely LSPI or slight PI?
o It’s just simple robbery under par. 5.
 Can there be robbery with homicide through reckless
imprudence?
o No.
 When will the special complex crimes arise?
o The other crime must be consummated.
 May Art. 48 apply if the constituent elements are not
consummated?
o Yes. If one crime is done to commit another, or a
single act resulting into two or more grave or less
grave offenses, and one constituent crime is not
consummated.
o Otherwise, if both consummated, then it’s
special complex crime.
 What does “homicide” cover?
o “Homicide” is used in its generic term. There is no
robbery with infanticide, parricide, murder, etc.
There is no robbery with multiple counts of
homicide.
o DO NOT use the 2nd or 3rd killing as aggravating.
It’s just robbery or homicide.
o Is there robbery with homicide and frustrated
homicide?
 No. The frustrated homicide is absorbed by
the robbery with homicide.
 What do you mean “by reason of the crime of robbery”?
o The homicide/other constituent crime was not
committed in the course of robbery, or shortly
thereafter, but there is a LEGAL connection,
intimate relation in the commission of robbery
 Ex. Killing the victim to prevent the person
from reporting to the authorities
 Ex. Killed noisy neighbor who shouted
“magnanakaw!”
o It doesn’t matter if it happens before, during, or
after
o P v. Mangulabnan – Person was robbing a house.
He heard rumbling noises in the attic and shot a
gun at the ceiling, and even without intent to kill,
he accidentally killed a hiding person. HELD:
Robbery with homicide. (Not robbery with
homicide through reckless imprudence – even if it
is by mere accident, it is robbery with homicide)
o What if the person killed is one of the robbers
himself?
 Doesn’t matter. It’s still robbery with
homicide.
a
 Even if the guy who shot a robber is also a
fellow robber.
 Is there robbery with homicide AND rape?
o No. As long as there is homicide, it is ALWAYS just
robbery with homicide.
o But the rape still has corresponding civil liabilities.
o If a house is burnt to kill another, it is robbery with
homicide, not robbery with arson or robbery with
homicide and arson
 What if there are multiple people killed or raped?
o Irrespective of number of people killed or rape, it
is just robbery with homicide or robbery with rape.
 When do two crimes arise?
o If the original intent is to kill or to rape, but as an
afterthought, he stole from the person he killed or
raped, then there are TWO CRIMES.
o Separate crimes of homicide and robbery
o Separate crimes of rape and robbery
 Can there be robbery with homicide, if aside from intent
to gain, there is another motive (ex. He wanted to kill the
guy)?
149
 o Yes. As long as there is intent to rob, even if there
are other motives, it is robbery with homicide.
 P v. De Jesus: A group of robbers were robbing in Makati.
One of the robbers was shot. There was a chase all the
way to Laguna, where a shoot out happened. Another
robber got shot by the police.
o HELD: Robbery with homicide. EVEN IF the shoot
out happened in some other place, it
intimately connected to the robbery. Also, it does
not matter that it was a robber that got killed.
 If a homicide is committed by one robber, ALL of them are
liable for robbery with homicide. (“One merges his will
into the common intent.”)
o EXCEPT: when one of the robbers overtly attempts
to prevent the homicide. He is just liable for
robbery, even if he is unsuccessful.
o What is the liability of the look-out?
 Even a look-out is a PDP, because the
conspirators are given specific tasks to
further the crime.
 Is there a special complex crime of theft with homicide?
o No.
 Robbery with homicide – does it absorb physical injuries?
o Yes. Again, follow the order provided.
 May there be a crime of robbery with force upon things
with robbery with rape or robbery with homicide?
o No. Robbery with force upon things cannot be
complexed with robbery with rape (or homicide).
 When is there robbery with rape?
o When the robbery is accompanied by rape, AS
LONG AS THE ORIGINAL intent is to rob.
o This applies even if the rape was committed even
before asportation. The intention to rob must
precede the rape, even if the actual robbery comes
after.
o Thus, if the accused raped the victim and just he
took the jewelry as a memento, there are two
crimes of robbery and rape – the original intention
in this case is not to rob.
 What if there are multiple rapes?
o Even if there are multiple rapes, it is just robbery
with rape.
was o What if each of the accused raped the victim?
 Even if each of the accused raped the
victim, there is only one crime of robbery
with rape.
o Accused robbed the victim, raped her twice, and
then he inserted his finger in the vagina of the
woman. What was the crime?
 HELD: Robbery with rape. The second
rape and insertion of the finger are
absorbed. Even the insertion of a finger
was absorbed!
o Three robbers took victim of robbery in a taxi and
went to Quiapo. One robber made the other two go
down, and then he took the woman to a motel.
What was the crime?
 HELD: All of them were guilty of robbery.
The other one is also liable for rape,
separately. If the place of the rape is far
from the situs of the robbery, there are
TWO crimes, but not robbery with rape.
 When is there Robbery with arson?
o Arson must be contemporaneous to robbery.
o When is there robbery with arson?
 There must be violence and intimidation
upon persons first and thereafter, the
premises are burned and there is NO
killing, rape, or mutilation.
 Why not force upon things?
150
  This will give rise to two crimes:
robbery and arson. This is because
the arson is deemed a cover-up of
the robbery. It is not complex
because neither is a means
commit the other (because both are
Crimes against Property).
 When is dwelling aggravating and when is it absorbed?
o It is aggravating in robbery with homicide
o Inherent in robbery with force upon things and the
place broken into is the dwelling
 X raped Y, killed her, and robbed the place. Crime?
o 1) Rape with homicide and 2) robbery
 X raped Y, killed her, and took things from her person.
Crime?
o 1) Rape with homicide and 2) theft
 X robbed Y, raped her, and then killed her. Crime?
o Robbery with homicide
 X raped Y, robbed her, and then killed her. Crime?
o Robbery with homicide
ROBBERY WITH PHYSICAL INJURIES THAT ARE COMMITTED IN AN
UNINHABITED PLACE AND BY A BAND, OR WITH THE USE OF FIREARM ON
A STREET, ROAD, OR ALLEY (295-6)
 What are the special aggravating circumstances here?
o 1. In an uninhabited place
o 2. By a band
o 3. Attacking a moving train, car, airship, or
entering passenger compartments in a train
 To what kinds of robbery does this provision apply to?
o Robbery with Physical Injuries
 What is the nature of “band” here?
o “Band” here is in the nature of a SPECIAL
aggravating circumstance and cannot be offset by
a generic MC.
o Contrast: BUT for robbery with
homicide/rape/intentional mutilation/arson band is
ONLY just a generic aggravating circumstance
 Reason: 295-6 only apply to Robbery with
to Physical injuries.
 Art. 296 provides that if any of the firearms used is
unlicensed, the penalty is the maximum period. Was this
amended by RA 8294?
o Yes. Art. 296 has been amended by RA 8294.
Here, the unlicensed firearm will not increase the
penalty to its maximum period anymore.
o Art. 296 – “Firearm” here can be licensed or
unlicensed.
o Arms can includes bolos and clubs.
 If one is a member of a band, may he be not liable for
crime of robbery, if he tries to prevent it?
o Yes. Even if he is a member of a band, if he
prevents the robbery or tries to, he is not liable.
 PD 532 – Highway robbery or brigandage
o There must be evidence of indiscriminate
commission of the crime of robbery for PD 532 to
apply
ATTEMPTED AND FRUSTRATED ROBBERY (297)
 Has this provision been nullified by P v. Valenzuela?
o Yes. It is rendered nugatory as far as
FRUSTRATED robbery is concerned.
o Ex. Offender entered the property but he did not
find any property there. It is NOT frustrated
robbery but attempted robbery
 N.B. Homicide in 297 is used in its generic term. The
homicide must be consummated.
 If the crime of homicide was committed with treachery,
can treachery be used as a generic aggravating
circumstance?
151
 o Yes. In other situations, if there is treachery, it o 1. Entering the premises using:
becomes murder. But there is no such thing as  A. Constructive force:
robbery with murder. So it is robbery with  Entering through opening not meant
homicide, with the generic aggravating for ingress or egress
 Using picklocks or similar tools
circumstance of treachery. (P v. Escote)
 Simulating public authority or false
 What if the robbery is merely attempted but there was
name
consummated homicide, what is the charge?
 B. Actual force
o Separate crimes of attempted robbery and
o 2. Entering without force but while inside, broke
homicide.
walls, doors, receptacles to extract personal
EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION (298) property
 What is the crime here?  Is constructive forced allowed here?
o Person who with intent to defraud another, by  No. It must be actual force.
o 3. Brought out of the premises locked or sealed
means of violence or intimidation, compels him to
receptacles for the purpose of breaking them
sign, execute, or deliver any public instrument or
outside
document.
 What if none of these apply?
o The crime is still robbery.
o It’s just theft.
 What kind of document is referred to in 298?
 What properties must be robbed here?
o Public instrument or documents only. It does not
o 1. Inhabited house
include private documents.
o 2. Public building
 If it is a void document, will that be robbery under 298?
o 3. Edifice for public worship
o No. It is grave coercion. Robbery presupposes
 There is a provision here about use of fictitious name to
damage caused to the victim, but since the
rob. How does this differ from Article 178, where there is
document is void, this means he does not lose
also use of fictitious name?
anything. o Here such use is to enter the house, with intent to
 The offender compels by violence or intimidation the
rob. In 178, to conceal crime, etc.
victim to execute a document but he died due to heart o Do you apply Article 48?
attack. What is the crime, 298 or 294 (robbery with  No, because use of fake name is an
homicide)? element of the crime. Same as with
o 298, but even so, the penalty is still governed by simulation of public authority.
294 par. 1, as provided in the last sentence.
ROBBERY OF AN UNINHABITED PLACE (302)
ROBBERY IN AN INHABITED HOUSE, PUBLIC EDIFICE, OR DEDICATED TO
 What is an uninhabited place?
RELIGIOUS WORSHIP (299)
o Synonymous to an “uninhabited house”
 What are the situations where there is robbery with force  If committed by a band, what is the effect on the robbery
upon things, under this provision? of an uninhabited place?

152
 o Maximum penalty – this is provided by Article 300. Liability of those who profit from the robbery:
 What is Robbery in Article 303?
o Robbery of cereals, fruits, firewood in an Aiding or abetting a band of Accomplice under Art. 4 of PD
brigands (307) 532
uninhabited place or building. The penalty here is
lower. Fencing

POSSESSION OF PICKLOCKS OR SIMILAR TOOLS (304-5)

 What are the crimes here? THEFT (308)
o 1. One who without lawful cause possesses  May a crime be theft even if there is violence used to take
picklocks or similar tools specially adopted to away personal property of a victim?
commit robbery o Generally, no. There must be no violence or
o 2. Maker of such tools; higher penalty for intimidation or force upon things.
locksmiths o Exception:
 What if robbery is actually committed?  When the violence committed was not for
o The possession of picklocks is absorbed the purpose of taking the theft.
 What are “false keys”?  Ex. When a person was killed first, then as
o 1. Picklocks an afterthought, the criminal took the
o 2. Genuine keys stolen from the owner property. Since the property by operation
o 3. Any keys other than those intended by the owner
of law goes to the heirs, there was still
BRIGANDAGE (306-7) taking without consent even if the original
 Were article 306 and 307 of the RPC amended by PD 532 owner is dead. There are two crimes here:
(Anti piracy and anti highway robbery law)? homicide and theft
o No, it was not. The crime in PD 532 is a separate  How many modes to commit theft?
o 1. Taking another person’s property without his
crime from Arts. 306 and 307.
consent
Brigandage (306-7) Highway Robbery (PD 532) o 2. Offender finds lost property and he does not
3 or more armed robbers Even just one person; but return it to the owner or the authorities
actually organized or  Who are the authorities?
dedicated to commit highway  Local authorities
robbery  Can this be committed by culpa?
 No. There must be DELIBERATE
Mere conspiracy to form a There must be performance
band of brigands is a crime of actual highway robbery refusal to return or deliver to
authorities.
Robbery against a particular Indiscriminate highway
o 3. A person who maliciously damaged property of
victim robbery
another, shall remove or make use of fruits or
object of the damage caused by him

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 o 4. Enter enclosed property where trespass is  The bank teller is a mere employee of the
prohibited, then hunt, fish, or gather crops bank. As an employee of the bank, she only
 Distinguish from: robbery of cereals, etc. get de facto possession of the deposit. So
from an uninhabited place it is theft.
 May stolen property be the subject of theft? (“Nanakaw  Can there be theft of services?
na nga, ninakaw pa ulit”) o Yes. Under Code of Commerce, services are
o Yes. The law does not distinguish. personal property.
 How do you establish intent to gain?  Can gas or electricity be stolen?
o Acts preceding, contemporaneous, or subsequent o Yes, using jumpers. So even intangible property
to taking. can be subject to taking.
o Can there be intent to gain if the purpose is to o RA 7832 also punishes theft of electrical property.
conceal a crime? So which is applicable, 308 or RA 7832?
 Yes. Benefit is not always material, it can  Either under Art. 308 or RA 7832.
be any kind of benefit to amount to gain.  Can commercial documents, PNs, etc., be subject to
o Is there presumption of theft? theft?
 Yes, when personal property is found in o Yes, these have value.
possession of recently stolen property and  In a case, the sheriff stole evidence stored in the vault of
he cannot explain how he came into the court (ex. Gun, money, whatever), when the clerk of
possession of such. Then it will become court mistakenly left the vault open. What crime was
conclusive. committed?
o How recent is recent? o Sheriff: theft
 Case by case. o Clerk of court: Malversation by culpa, since he has
 If a person is given property for a particular purpose and custody of documents
that person took or misappropriated the property, would it  I own a car. I delivered it to the repair shop. I left it, and
be estafa or theft? the owner of the shop sold my car. What crime was
o Theft; when only physical possession is given but committed, theft or estafa?
juridical possession is kept by the transferor. o Theft. To determine between theft and estafa, ask:
What is given here is just DE FACTO possession, was the possession de facto or juridical? Here, it
not juridical. was merely de facto/material possession.
o But if juridical possession is given to the o But doesn’t the repair shop acquire a lien over the
transferee, it is estafa. property, under Sec Trans, where he can sell it if
o A bank teller, after receiving deposit, instead of he is not paid?
giving it to the bank takes the money. What is  It does not apply here, because he hasn’t
committed? even tried repairing the car.
 Theft, not estafa.

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 o The SC had a decision saying this is estafa (Laura
Santos case). But J. Callejo does not agree with
this.
o When this case was decided, there was
carnapping law yet. Should it apply now?
 Yes.
 What do you mean by “lost” in Par. 1 of Article 308?
o The property must have an owner and is not yet
res nullius.
o If property is stolen and the thief’s identity cannot
be deciphered, can you consider the property lost?
 Yes.
o Can loss stem from one’s own faults?
 Yes.
 I saw property and did not know who owns it. I gave it to
the police and he stole the property. What is the crime of
the cop?
o P v. Avila – Said this is theft.
o But it can be argued that it is in custodia legis and
he is an accountable officer, and it can be
MALVERSATION.
 Is a person who profits from the theft a principal or
accessory?
o Principal under the Anti-fencing law
o Accessory under the RPC
QUALIFIED THEFT (310)
 What are the grounds to qualify?
o 1. Those personal to the offender:
 A. Grave abuse of confidence
 B. By a domestic servant
o 2. Referring to the object taken
 A. Coconut taken from plantation whether
from the tree or on the ground
 B. Fish taken from the pond (if out of the
pond, simple theft)
 C. Motor vehicle –
 now also under Anti-carnapping law
which is malum prohibitum
 D. Large cattle –
no  now also under Anti-Cattle Rustling
law, which is still malum in se even
if SPL
 E. Mail matter – must be with intent to gain
 Viz. other crimes like estafa or
revelation and discovery of secrets
o 3. Circumstances during taking such as calamity
and misfortune
 Was this amended by PD 533, the anti cattle rustling law
and RA 6539, the anti-carnapping law?
o No; these are SPL, according to the SC
 What is grave abuse of confidence?
o It must be a special relation of intimacy.
o Ex. Branch manager stole the jewelry under his
custody.
 If there is conspiracy, but one is trusted and the other is
not, what is the crime?
o Two crimes: qualified theft for the former, simple
theft for the latter
 How about a commission salesman of a corporation?
o Just simple theft, because there is no evidence
except that he was a commission salesman that
the employer reposed confidence on him
 What does mail matter include?
o Any matter that is deposited with the Phil. Postal
Corporation which are delivered through postal
service. Includes mail matters, parcels, money
orders, printed materials, etc.
o Regardless if it is a postal corporation or a private
corporation. What matters is that it is MAIL
MATTER
R.A. 6539 – ANTI-CARNAPPING LAW
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 Taking with intent to gain a motor vehicle:
o 1. Without latter’s consent
o 2. Or force upon things
o 3. Or violence/intimidation upon persons
 How does it differ from theft/robbery?
o It addresses theft of motor vehicles belonging to
another
o It deals EXCLUSIVELY with motor vehicles
o Without this law, the taking of motor vehicle is
theft/robbery as the case may be.
 What is a “motor vehicle”?
o Any vehicle propelled by power other
muscular power using public highways
 So a motorcycle is included. A bicycle is
not. A tricycle is included. A pedicab is
not.
o Does not include:
 1. Utility vehicles if not used on public
highways
 2. Those than run only on rails or tracks
 3. Those used exclusively for agricultural
purposes
o What about trailers?
 Classified as a separate motor vehicle,
regardless of number of wheels
whether propelled or attached to another
vehicle
o What is the crime for these other vehicles not
covered?
 They are subject to theft/robbery
 There are two kinds penalties provided, following RPC
nomenclature and not:
o A. RP to death RP if there is homicide, rape,
murder
 Special complex crime of carnapping with
homicide, carnapping with rape,
carnapping with murder
 It is a single and indivisible offense. Here,
the owner, driver, or occupant of the car is
killed or raped.
o B. 17 years and 4 months to not more than 30
years if with violence, intimidation, or force upon
things
 “Qualified carnapping”
o C. 14 years and 8 months to not more than 17
than
years and 4 months if committed without violence,
intimidation, or force upon things
 “Simple carnapping”
 When is there a special complex crime of carnapping with
rape, homicide, or murder?
o “If committed on the course of the commission of
carnapping or on occasion thereof”
o Who must be killed or raped?
 Anyone, even if the person killed is anyone
other than the owner, driver, or occupant of
the car, the (Ex. Bystander)
o For this to committed, the homicide, murder, or
and rape must be CONSUMMATED.
 If the homicide or murder is merely
attempted or frustrated, then the crime is
qualified carnapping.
o DO NOT apply Article 48 of the RPC.
 Someone committed qualified carnapping (14 y 7 – 17 y 4
penalty) and then sold the car to another person. Is he an
accessory under Art 19 of the RPC?
o NO. The nomenclature does not follow the RPC.
o But he can be a principal for FENCING.
 X’s initial intent is to kill the driver. However, he stole the
car as an afterthought. What is the crime?
o Two crimes: 1) Homicide, 2) Carnapping
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 X rented a car, so the initial possession is lawful. But he
killed the driver and took it for his own. What is the
crime?
o Carnapping with homicide. Even if the driver was
not the owner, it is still carnapping because there
was no consent by the owner.
 X was hired as taxi driver to drive the car for a fixed
period of time. He did not return it after. The taxi was
found abandoned in a place. What is the crime?
o Carnapping. After the initial lawful possession, it
transformed to unlawful possession.
o Doesn’t the abandonment exculpate X?
 No. The crime was consummated even if
the carnapper abandoned the car after.
 X stole a truck and the personal effects contained
therein. What is the crime?
o Two crimes:
 1) Carnapping as to the truck
 2) Theft as to the personal effects
o The SC was wrong here, because it said qualified
theft.
ANTI-FENCING LAW (PD 1612)
 What is fencing?
o Act of any person who with intent to gain for
himself or for another, shall buy, receive, possess,
keep, acquire, conceal, sell, or dispose of, buy and
sell, or in any manner deal with an article, object,
item, or anything of value which he knows or
should be known to him to have been derived from
proceeds or robbery or theft
 Who is a fence?
o “Fence” is person, corporation, or association, or
partnership that commits the act of fencing
o If corporation, association, or partnership –
president, manager, owner or responsible officer
157
 Who are punished?
o Those who buy, keep, conceal, or sell the stolen
goods
 What is the requirement for those who do buy-and-sell?
o Need a permit or else, liable as a fence. There is
no fee for the permit.
o Failure to get can result to closure of business.
o Procedure to obtain permit/clearance:
 1. Name, address, pertinent circumstances
 2. Article sold or offered for sale to public
and name/address of where he got it from
 3. Receipt or document showing acquisition
 Elements:
o 1. Crime of robbery or theft committed
o 2. Accused, not a principal or accomplice in the
commission of the crime, deals with the article in
any manner, and the article was derived from the
proceeds of the crime
o 3. Accused knows or should have known that it
was derived from proceeds of robbery or theft
 Essence: “known/should have known were
the proceeds of robbery or theft” – moral
turpitude
 Test if the articles were displayed for sale,
if a receipt was issued, etc.
o 4. There is intent to gain for himself or another
 What is the presumption under law?
o Mere possession of the stolen goods creates
presumption
o Thus, no need to prove prior robbery was
committed
CATTLE RUSTLING (PD 533)
 May there be cattle rustling even if cattle is not taken?
o Even if large cattle is not taken, there can be
cattle rustling if it is killed and its meat is taken.
 There may be a special complex crime of cattle rustling o Committed by debtors who conceal properties to
with homicide if a person is killed on the occasion of avoid payment of legal debt
cattle rustling. o Higher penalty if committed by merchants

USURPATION OF REAL PROPERTY OR REAL RIGHTS OVER PROPERTY SWINDLING/ESTAFA (315)

(312)  How is estafa committed?
 What is usurpation? o 1. With abuse of confidence or unfaithfulness (par.
o Similar to robbery except that in robbery, personal 1)
property is involved o 2. Through deceit or false pretense (pars. 2 and 3),
 What is the penalty? with damage in either case
o 1. Penalty for the act of violence
ESTAFA WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE (¶1)
o 2. Penalty for the act of usurpation
 However, what is the nature of this offense?  What are the three acts covered by this paragraph?
o It is a single and indivisible offense. o 1. Altering the substance of anything with value
 So the crime is still usurpation, but the that the offender should deliver by obligation
penalty is two-fold (takes into account the o 2. Misappropriating or converting to the prejudice
act of violence) of another, some money, goods, etc.
 It is not a complex crime like Usurpation o 3. Taking undue advantage of signature in blank
with homicide. It is just usurpation.  1. Altering substance of anything with value that offender
o It is possible that a single and indivisible offense should deliver based on an obligation
is committed, but there are as many penalties as o The law applies even if the property the offender is
how many acts of violence are committed. bound to deliver is opium or something
 What are the possible acts that may accompany the act of illegal/obscene
usurpation?  But in this case, he is also liable under
o 1. Homicide, physical injuries in subdivisions 1 Dangerous Drugs Act, or immorality
and 2 of Article 263 on occasion of such provision in RPC, etc.
occupation or usurpation  2. Misappropriating or converting, to the prejudice of
o 2. Rape or intentional mutilation another, person some money, goods, etc.
o 3. Physical injuries in subdivisions 3 and 4 of o Elements:
Article 263 in the course of execution of the  1. Goods were assigned
 2. Misappropriation or conversion; or a
usurpation
o 4. Intimidation or infliction of physical injuries to denial by him of such receipt is also a
commit the usurpation or occupation violation
 3. To the prejudice of another
CULPABLE INSOLVENCY (314)  4. Demand by offended party to return the
 What is culpable insolvency? money or property

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o What is “any other obligation to make delivery or borrowed the “show money” from someone else.
to return?” She used it for her own benefit. What is the
 It refers to contracts of bailment, lease of crime?
personal property, deposit, commodatum –  HELD: Estafa. It was received in trust for a
because under any of these provisions, particular purpose, and there is obligation
there is JURIDICAL POSSESSION by the to return. By misappropriating it, she is
depositary guilty of estafa.
 In estafa, both MATERIAL and JURIDICAL  Remember in Sec Trans that
possession is transferred to the offender borrowing “show money” is a
o What is the difference between material and commodatum transaction involving
juridical possession? personal property
 Possession which gives to the transferee a o Must the misappropriation be permanent?
right over the thing/property which he may  No. Even a temporary disturbance
set-up against the transferor constitutes misappropriation. No need to
 In Theft or robbery, there is NO transaction be permanent.
between offender and offended party o What does “prejudicial to another” mean?
 The transaction involved must not transfer  It need not be the owner of the property
ownership to the offender himself. It can be another person, as long
o There must be a FIDUCIARY relationship between as there is damage caused.
offender and offended party. o An owner of a truck pledged it to another as
 There must be an agreement to return the security for a loan contract. But then, he leased it
same thing or money to another and it was stolen from the lessee’s
 It doesn’t matter if the obligation is possession. What is the crime?
guaranteed by a bond or not  HELD: There was no estafa, because there
 Without this relationship, there is no estafa was no intent to misappropriate or convert.
 The duty to return the same thing or money  J. CALLEJO: Disagreed. The petitioner
is based on: could not have acted in GF, because he had
 A. MUTUAL AGREEMENT by the
already pledged it to another as security
parties or
for a loan.
 B. BY LAW
o Can there be estafa when there is no gain on the
o When does fraud come into play?
part of the offender?
 When there is conversion or
 No. Case: a person was assigned jewelry to
misappropriation.
sell, with commission. He was not
o In bank loan transactions, usually, the borrower is
prohibited from appointing a sub-agent, so
required to produce “show money” to establish
that she can repay the loan. But in a case, she

159
 he got one. The sub-agent stole the  No. Down-payment or earnest money forms
jewelry. part of the purchase price. The seller can
 HELD: The agent was acquitted use this money, even if the sale eventually
because he did not convert or does not push through.
misappropriate the jewelry. o An employee who fails to account for cash
 The agent cannot be liable for mere advances for travels – is there estafa?
negligence in entrusting the jewelry  No estafa. Because this is in the nature of
to another because there is no such a loan and the employee obtains juridical
thing as estafa through negligence possession of such.
 But is it possible that the agent is liable? o The private respondent delivered his car to a
 1. He is liable if he CONSPIRED with motor shop for repairs. The owner of the shop
the sub-agent. misappropriated it. Is there estafa?
 2. If there is prohibition to entrust  Yes. There is obligation to return after
the jewelry to a sub-agent, but the repair. There was juridical possession, and
agent still does, then the agent can thus, estafa.
be liable. o X was a sales agent selling residential lots on
o May there be estafa in a loan transaction? behalf of a corporation. He was authorized to sell
 No. Because owner of the money loaned is the lots, but NOT receive the monthly
transferred to the borrower, even if the amortizations from the lot buyers. However, he
borrower can pay back. received these and worse, he failed to remit these.
 What about money market placement?
Is there estafa?
 No estafa because it partakes the
 Yes. Accused is guilty of two sets of
nature of a loan.
estafa:
o What about bank deposits? Can there be estafa if
 1. As regards the lot buyers, he
the money deposited is used by the bank?
committed estafa through fraud or
 None. Deposits are treated as loans to the
misrepresentation because he
bank, and are covered by the law on
claimed that he could receive
mutuum.
monthly amortizations.
o A teller of a bank receives deposits and
 2. As regards the employer, estafa
misappropriates these. What is the crime?
with abuse of confidence, because
 Theft, not estafa, because the bank teller is
he did not remit.
merely an employee of the bank and only
o How many counts of estafa are committed?
gets material possession of the money.
 Depends on how many offended
o In a sale of property and earnest money is given
parties/victims.
and the money is used by the seller. Is there
estafa?

160
  But if committed on different dates or o 4. Bouncing check
occasions – there are as many counts of o 5. Obtaining food or service from a hotel or
estafa as the number of transactions. restaurant without paying for it and with intent to
o PD 155 – Trust receipt transactions: defraud
 A trust receipt transaction imposes upon  Or obtaining credit through false pretense
trustee to give the price sold if sold, or if or fraud
the goods are not sold, return them to the  Or surreptitiously abandoning or removing
entrustor. luggage from establishment without paying
 Is a violation of PD 155 estafa under Art.  Distinguish between estafa through fraud from estafa
315 par. 1(b)? through abuse of confidence?
 Yes. Violation of this constitutes o Abuse of confidence – conversion or
estafa. misappropriation
 It is malum prohibitum. The only o Fraud or false pretenses – fraudulent acts
thing to be established: prejudice simultaneous or preceding
caused to another. Mere failure to  In illegal recruitment, can one be liable under both the
deliver already constitutes the Labor Code and Estafa under this provision?
criminal offense. o Both the Labor Code AND estafa. There is no
 When a person participates in the double jeopardy because the Labor Code is an
commission of a crime, he CANNOT escape SPL.
liability due solely to the fact that he was  Essential elements:
o 1. False pretense, fraudulent act or means
acting as an agent of another party. The
o 2. Such must be made or exhibited prior to or
NCC provisions on agency do not apply to
simultaneously
criminal cases.
o 3. Offended party must have relied on such and
 3. Taking undue advantage of signature of offended party
was thus induced to part with his money or
in blank
property
ESTAFA THROUGH FRAUD (¶2) o 4. Thus causing damage
 What is “Fraud”?
 What are the acts covered by this paragraph?
o Anything calculated to deceive
o 1. Using fictitious name, falsely pretending to
 Ex. Falsely representing that property used
possess power, influence, qualifications, property,
as security had mangoes, when it was
credit, etc.
really barren
o 2. Altering quality, fineness, weight of anything
 Ex. “I will sell you my property.” But it
pertaining to his business or art
really wasn’t his.
o 3. Pretending to have bribed any Government
employee
 N.B. for this instance, impose the maximum

161
 Caveat emptor doctrine does not apply. You cannot
invoke the fact that the victim was himself negligent. It
doesn’t apply to criminal cases.
 Post dating a check or bouncing check:
o Can a person other than a drawer be liable?
 Yes. Indorser or a co-conspirator.
o Elements:
 1. Post-dating or issuance of check for
obligation contracted at the time the check
was issued
 2. Lack or insufficiency of funds to cover it
 3. Knowledge of the drawer of this lack
 4. Damage capable of pecuniary estimation
to the payee
o The fraud must be committed PRIOR or UPON the
issuance of the check.
o For what kind of obligation must the check be
issued for?
 The check MUST NOT BE for paying a pre-
existing obligation, because there is no
more deceit in this case.
 The drawer obtains no gain here, because
the consideration has already been
delivered to him.
o What is the implication of this doctrine, then?
 Yes. The date of the obligation, being the
very date of the check, is a MATERIAL
INGREDIENT of the crime.
o Must the check be negotiable?
 Negotiability of a check is not the
gravamen of the crime, but the fraud or
deceit in knowingly issuing a worthless
check.
o When is the lack of funds determined as to post-
dated checks?
162
 Valid as long as when it is due, there are
funds, even when there are no funds at the
time it was issued.
o What if the bouncing check is issued as a guaranty
to secure a loan?
 There is no estafa.
o Issuing a bouncing check in exchange for cash:
 Estafa, because you received something in
exchange
o How do you prove knowledge that there were no
funds?
 Direct evidence
 Notice of dishonor from drawee bank duly
received by the drawer of the check and
failure to deposit money to cover the
amount
 How can the issuer of a bouncing check
escape liability?
 Depositing required amount within 3
days of notice of dishonor.
 Failure to deposit the amount will
give rise to presumption of deceit.
 What if the account is closed?
 There is still need for notice of
dishonor to allow the person to pay.
If there is no notice, accused
cannot be convicted.
 BUT in another case, it held that
there was no need for notice of
dishonor because the account was
already closed.
ESTAFA THROUGH OTHER FRAUDULENT MEANS (¶3)
 What are the means of committed estafa under this
paragraph?
 o 1. Inducing another through deceit to sign any
document
o 2. Resorting to some fraudulent practice to insure
success in a gambling game
o 3. By removing, concealing, or destroying in whole
or in part, any court record, office files, document,
or any other papers
B.P. 22 – BOUNCING CHECKS LAW
 What does B.P. 22 cover that is not covered by the prior
provision on estafa?
o 1. Issuance of check as deposit
o 2. Issued as guaranty
o 3. For pre-existing obligation
 N.B. BP 22 doesn’t distinguish between pre-
existing and concurrent obligation
 What is the difference in period under BP 22 compared to
RPC estafa?
o Under BP 22 the drawer of the check has a period
of 5 days from notice of dishonor (unlike RPC, 3
days)
 Under NIL check is stale after more than 6 months (180
days) is there a need to issue a notice of dishonor at the
time it was presented for payment?
o Only consequence is no prima facie presumption
of knowledge of no funds, still be held liable if able
to prove that he had knowledge
 Can there be simultaneous prosecution for estafa and BP
22 for the single act of a bouncing check?
o Yes, if both apply. Estafa is concerned with
issuing a bouncing check as fraud; BP 22, with the
mere bouncing of the check per se.
OTHER FORMS OF ESTAFA/SWINDLING (316)
 What are covered by this provision?
o 1. Person pretends to be owner of real property
and disposes thereof
163
o 2. Person knows real property is encumbered and
disposes it
 Even if the encumbrance is not recorded
o 3. Owner of personal property wrongfully takes it
from lawful possessor to the prejudice of the latter
or third person
o 4. Executing fictitious contract to prejudice of
another
o 5. Person accepts any compensation given him
under the belief that it was in payment for
labor/service when he didn’t actually perform any
o 6. Surety in a bond for criminal or civil action
disposes of the property given by him
 Without leave of court or before
cancellation of the bond
OTHER DECEITS (318)
 What does this cover?
o Person who defrauds or damages another through
deceit not covered by the prior paragraphs or
provisions
o Also covers those who tell fortunes or dreams for
a profit (!)
 What does the word “deceit” include?
o Includes concealment of the fact that the car sold
was not brand new
VIOLATION OF CHATTEL MORTGAGE (319)
 What is penalized here?
o 1. Mere removal of property from the place where
the CM was constituted
 When is there no intent to defraud?
 When the debtor has transferred
residence because he also has to
move his property
o 2. Failure to secure consent on the deed itself or
on the registry and the mortgagor sells or further
encumbers the personal property
DESTRUCTIVE ARSON (320)
 What is arson and how committed?
o Destruction of property by fire, as long as fire or
pyrotechnics are used to destroy the property
o When is it consummated?
 When there is fire, and it was intentionally
caused, and property burned even if not
completely destroyed
o What must be proved?
 1. Occurrence of fire due to criminal
agency
 2. Identity of the defendants as the one
causing it
 Can there be arson by negligence?
o Yes.
o Ex. A person burns trash disregarding the strong
winds that blew the cinders to the neighbor’s
property. The crime is simple/reckless imprudence
resulting to arson.
 Is there frustrated arson?
o No. It’s either the burning did not happen
(attempted arson) or it did, regardless of extent
(consummated arson).
 When is the burning destructive arson?
o [Dangerous place]
o 1. Any ammunition factory and other establishment
where explosives, inflammable, or combustible
materials are stored
o [Important places]
o 2. Archive, museum (public/private), edifice
devoted to culture, education, social services
o 3. Church, place of worship, or usual place of
assembly
o 4. Building where evidence is kept for official
proceedings
o [Places with a lot of people]
o 5. Train, plane, vessel, or other transportation
o 6. Hospital, hotel, dormitory, housing tenement,
mall, market, movie house, or similar places
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o 7. Building in a congested or populated area,
whether a dwelling or not
 Other cases of arson: (with higher penalty than simple
arson):
o [Places with people]
o 1. Any building and office of government
o 2. Inhabited house or building
o [Related to industry or commence]
o 3. Industrial establishment, shipyard, oil well, mine
shaft, platform, tunnel
o 4. Plantation, farm, etc.
o 5. Rice mill and other mills
o 6. Railway or bus station, airport, wharf,
warehouse
 If destructive arson or those other cases are not
specified, what is the charge?
o Simple arson
 What are the special aggravating circumstances?
o 1. Committed with intent to gain
o 2. Committed for benefit of another
o 3. Motivated by spite or hatred towards owner or
occupant
o 4. Committed by syndicate
 What else are specially punished?
o 1. Arson, where death results (qualified)
 Is this “arson with homicide”?
 No.
 1. If the purpose is to kill, and
burning was the means, it is murder
 2. If the purpose is to burn, but
someone died, it is arson under this
provision.
o Homicide is absorbed but
there is civil liability for
death.
 3. If person is killed and the house
is burned to conceal, two crimes: 1)
murder, 2) arson
 o 2. Mere conspiracy to commit arson
 What if several houses burn?
o There is only one crime of arson no matter how
many houses were burned.
 Supposing someone burns his own property is he liable?
o He may be liable if other people’s property is
damaged.
MALICIOUS MISCHIEF (327)
 What is malicious mischief?
o Act of intentionally causing damage to property of
another without use of fire or pyrotechnic
o There must be specific intent to destroy such
property
o Can it be committed by culpa?
 No.
 Distinguish between unjust vexation and malicious
mischief:
o Unjust vexation if the purpose is to irritate a
person
o Malicious mischief if purpose is to damage
property
 Distinguish between malicious mischief and arson:
o Arson can be committed by dolo or culpa,
malicious mischief by dolo only
o Arson must be by fire, malicious mischief if not by
fire
o If death results from arson, it is just arson (but
qualified); if death or injury results from malicious
mischief, those are separate crimes
 Distinguish between malicious mischief and theft:
o Malicious mischief has no intent to gain
EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY
(332)
 Who are the persons exempt from criminal liability?
o 1. Spouses
o 2. Ascendants and descendants
o 3. Son/daughter-in-law and mother/father-in-law
165
o 4. Brothers and sisters who must be living
together
 Whether legitimate, half, or illegitimate
 What if there are strangers participating in the crime?
o They are not exempt
 Is there civil liability?
o Yes. The exemption is only for criminal liability
 For what crimes are they exempted?
o 1. Theft, including qualified theft
 Not robbery
o 2. Estafa but NOT complexed with other crimes
(ex. estafa with falsification of commercial
documents)
o 3. Malicious mischief
 Not arson
XI: CRIMES AGAINST CHASTITY
ADULTERY (333)
 Who are liable for adultery?
o 1. Married woman who has sexual intercourse with
a man not her husband
o 2. That other man who has carnal knowledge of
her, knowing her to be married
o What if the marriage was subsequently declared
void?
 It does not exculpate because the marriage
ostensibly exists by then
 Is it a continuing crime?
o No.
o Each sexual intercourse consummates the crime.
Ex. Sex 5 times, adultery 5 times.
 Can there be frustrated adultery?
o No frustrated adultery because it is consummated
by intercourse, so the rule for rape likewise
applies.
 What about attempted adultery?
 o There can be attempted adultery. Caught in hotel lewd design design lewd design
in act of undressing, about to have sex.
Committed under Committed under
 Can there be criminal action against just one of the
circumstances of circumstances of
parties?
rape (no consent) seduction (consent
o No. It must be against both parties if both are
secured by deceit)
alive.
 Differentiate pardon from consent: Victim is male or Victim is female Victim is male
o Pardon is prior to the act, consent is after. In any female or female
case, it is a bar to filing a criminal complaint. exploited in
 Who can initiate action for adultery and concubinage? prostitution or
o Must be from offended spouse. Both offenders subjected to
must be named in the complaint. sexual abuse

CONCUBINAGE (334) Any age, any 12 to below 18 years 12 to below 18

reputation old and virgin of good years old (if
 How is concubinage committed? reputation less than 12,
o 1. Husband keeping a mistress in the conjugal prosecute
dwelling under RPC)
o 2. Having sexual intercourse under scandalous
circumstances with a woman not his wife
o 3. Cohabiting with the woman in any other place  Distinguish acts of lasciviousness from attempted rape:
 Means living together as husband and wife, o In acts of lasciviousness there is no intent to have
not merely living together under one roof, carnal knowledge of a woman
but also having sexual intercourse. o In attempted rape, there is but before he could
 Who is liable for concubinage? complete all acts of execution, he is prevented
o Husband – PC other than by spontaneous desistance
o Concubine – destierro only  What is required intent-wise?
 Can a man be liable for adultery and concubinage at the o Lewd design – something indecent or obscene,
same time? designed to incite crude sexual design
o Yes, if his concubine is a married woman. o It may be inferred from nature of act committed
and occasion acts were committed.
ACTS OF LASCIVIOUSNESS (336) AND CONSENTED ACTS OF
 Related with RA 7610:
LASCIVIOUSNESS (339)
o Lascivious conduct may be committed under RA
7610, victim of child abuse.
Acts of Consented acts of Sexual abuse o Elements of sexual abuse under RA 7610:
lasciviousness lasciviousness (339) (RA 7610)  1. Accused commits acts of lasciviousness
(336)  2. Act is performed with a child exploited in
prostitution or subjected to sexual abuse
Obscene acts Obscene acts Obscene acts
 3. Child is below 18 and whether male or
committed with committed with lewd committed with
female

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 o What if the child is below 12? o Physical, not moral; i.e. that the woman has no
 Prosecuted under the RPC (penalty is RT sexual experience.
instead of PC)  Compare with rape:
QUALIFIED SEDUCTION (337), SIMPLE SEDUCTION (338) o It is always rape if less than 12 years old
(statutory rape); if 12-18 there must be force or
Qualified seduction (337) Simple seduction (338) intimidation. Virginity is not material in rape.
Offender has sexual Offender has sexual o In qualified seduction, the girl must be 12-18 and
intercourse with the victim intercourse with the victim virginity is an element.
through cajolery through cajolery CORRUPTION OF MINORS (340)
Victim is a virgin woman Victim is a single woman or  What is corruption of minors?
widow (because you can’t get o A minor is used by one person to satisfy the lust of
married below 18 now) of another and not his own lust.
good reputation
Offender is person with Offender is any person FORCIBLE ABDUCTION (342) AND CONSENTED ABDUCTION (343)
authority, confidence, or
relationship vis-à-vis the
victim Forcible abduction (342) Consented abduction (343)

Generally, victim is 12 to
below 18 years old
Victim can be 18 or older if
the offender is an ascendant
or brother
Victim is always 12 to below Victim is any woman of any
than 18 years old age, civil status, or
reputation
Abducted against her will
With lewd designs
Victim is virgin of 12 to below
18 years old
Abducted with her consent
With lewd designs

 What is the concept of seduction?  When is forcible abduction absorbed by rape?

o Having sexual intercourse with one who is
presumed by law to be unable to fully give consent
to it (although not rape)
o What if there is no sexual intercourse?
 It can be consented acts of lasciviousness
(339)
 Can abuse of confidence be appreciated in qualified
seduction?
o No. Abuse of confidence is inherent, not
aggravating circumstance
 What is the concept of “virginity” in qualified seduction?
o When the initial intention is really to rape.
 When is the crime of forcible abduction complexed with
rape?
o The taking of the woman amounts to forcible
abduction, and thereafter, she was raped
o What if there are multiple rapes?
 Then only one rape shall be complexed
with forcible abduction. The second rape
and others are separate crimes.
 When is there kidnapping or kidnapping with rape?
o If the purpose of the taking is to deprive the
woman of her liberty

167
 o If the woman was raped thereafter, kidnapping
with rape
 Is there a crime of forcible abduction with attempted
rape/acts of lasciviousness?
o No, because both are manifestations of lewd
designs which is already an element of the forcible
abduction. The crime is just forcible abduction.
o N.B. the element of “lewd design” cannot be
deployed twice to prove two crimes
PROVISIONS RELATING TO CRIMES AGAINST CHASTITY (344)
 What is the nature of civil indemnity?
o It is absolute and never conditions upon the
financial capacity of the accused
 When must pardon be given by the victim?
o Before prosecution of the crime
o Except rape
o What is the effect of pardon by the offended party?
 It does not extinguish criminal liability.
The only exception is valid marriage
between the offender and victim.
 In rape, will pardon of the parents of the victim without
concurrence of the minor victim be effective?
o No.
o It must be given by the minor herself too.
 What is the civil liability of a person convicted of rape
when an offspring results from rape?
o 1. Indemnify the woman
o 2. Acknowledge the offspring unless the law
prevents him from doing so
 When there is no legal impediment (if both
are single)
o 3. Support the offspring
XII: CRIMES AGAINST CIVIL STATUS
168
SIMULATION OF BIRTHS, SUBSTITUTION OF CHILDREN, AND
CONCEALMENT OR ABANDONMENT OF LEGITIMATE CHILD (347) AND
USURPATION OF CIVIL STATUS (348)
 Who are penalized?
o 1. Those who simulate birth, substitute one child
for another, or abandon/conceal a legitimate child
to have him/her lose civil status
o 2. Any physician or surgeon or public officer who
through profession or office cooperates in the
crime
o 3. One who usurps the civil status of another to
defraud the offended party or his heirs
 Where should simulation of birth be made?
o It must be made in the record of birth
o What if it’s done in another document?
 Then the crime is falsification
o What if the record of birth reflects the true parents
but simulation is in other documents?
 No violation of 347
 When is child trafficking committed in relation to these
provisions, under RA 7610?
o 1. Parents agree to adopt the child for a
consideration
o 2. Physician made it appear in the record of birth
that the supposed parents are natural parents
BIGAMY (349)
 What are the elements of bigamy?
o 1. Offender has been legally married
o 2. Marriage has not been legally dissolved, or the
absent spouse has not yet been judicially declared
presumed dead
o 3. Offender contracts a subsequent marriage
o 4. Such subsequent marriage has all the essential
requisites of validity
 X’s spouse has been absent for 12 years, so he married
another person. Is this bigamous?
o Yes. There must be a prior declaration of
presumptive death by the courts.
 X and Y are married. X married Z. To avoid bigamy, he
petitioned to annul the first marriage with Y and it was
granted. Was there bigamy?
o Yes. The judgment of nullity or annulment must
precede the subsequent marriage.
 Does the principle of constructive notice by registration
apply to bigamy?
o No, because it is usually entered into secretly from
the spouse. So there must be ACTUAL knowledge
of the subsequent marriage.
o Viz. In land and property disputes, constructive
knowledge through registration applies.
ILLEGAL MARRIAGE (350)
 What is illegal marriage?
o Contracting marriage knowing that the
requirements of law have not been complied with,
or it is in disregard of a legal impediment except
for bigamous marriages
 Distinguish from bigamy:
o 1. Subsequent marriage in bigamy is valid, except
that it is bigamous; in illegal marriage, the
subsequent marriage is void or annullable and
there is no need for a first marriage
o 2. Bigamy only refers to a subsequent valid
marriage before judicial declaration of nullity or
presumptive death; illegal marriage covers all
other void or voidable marriages
PREMATURE MARRIAGE (351)
 What is premature marriage?
o 1. One who remarries within 301 days from the
death of her husband
o 2. One who remarries prior to delivery of her child,
if pregnant during his death
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PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY (352)
 What is punishable here?
o Priest or minister of any religious denomination or
sect, or civil authorities who celebrate illegal
marriage ceremony
XIII: CRIMES AGAINST HONOR
LIBEL (353)
 What is libel?
o Public and malicious imputation of a crime, vice,
or defect, real or imaginary, or any act, omission,
condition, status, or circumstance tending to
cause the dishonor, discredit, or contempt of a
natural/juridical person, or to blacken the memory
of the dead
 What are the elements of libel?
o 1. Allegation of discreditable act or condition to
another
o 2. Publication of the charge
o 3. Identity of the person defamed
o 4. Existence of malice
 What is publication?
o After it has been written, to make it known to
someone other than the person to whom it has
been written
o What if it’s sent straight to the person to whom it
is written?
 Then there is no publication.
o What if an unsealed libelous letter is sent to the
offended party?
 There is publication since anyone could
have read it (even just the postman)
o Is an inter-office memo publication?
  In a case, because it was only directed
towards the supervising officers, etc. then
it is not publication
 What is the presumption in libel?
o Every defamatory imputation presumed to be
malicious, even if it is true
o Except?
 When good intention and justifiable motive
can be shown
 What are the exceptions to libel?
o 1. Private communication by one person to another
in the performance of legal, moral, or social duty
o 2. Fair comment of public acts
 What is identity?
o At least a stranger or third person may be able to
identify him as the subject of the statement
 Can the court impose a fine instead of imprisonment?
o Yes, it is up to court discretion to impose
imprisonment, fine, or both. Merely imposing a
fine can be out of compassion.
 Who are the other punishable persons in relation to libel?
o 1. Those who threaten to publish the libelous
material unless he is compensated
o 2. Those who offer to prevent the publication of
such libel for compensation
SLANDER (358)
 When is a defamatory remark serious and when is it
slight?
o Depends on the special circumstances of each
case, antecedents, or relationships between the
offended party and the offender which might tend
to prove the intention of the offender at the time.
o Not depending on sense and grammatical meaning
of the utterances
 Is “putang ina mo” slander?
170
o No.
 Is there frustrated or attempted defamation?
o No. It is a formal crime.
SLANDER BY DEED (359)
 What is slander by deed?
o Dishonor, discredit, or contempt upon another
person which is not covered by slander or libel
GENERAL PROVISIONS (360)
 Who are the persons responsible for defamatory
publications?
o 1. Any person who publishes, exhibits, or causes
the publication or exhibition of any defamation in
writing or similar means
o 2. Author or editor of a book or pamphlet,
newspaper – to the extent that are authors/editors
thereof
 What courts have jurisdiction over libel cases?
o Even if the punishment falls within the MTC scope,
by express provision of law, it is under RTC
jurisdiction always
 What is the venue of libel cases (alternative)?
o 1. RTC of province or city where the libelous
article is printed and first published (regardless of
nature of victim)
o 2. If offended party is a private individual, RTC of
province where actually resided during offense
o 3. If offended party is a public officer whose office
is in Manila at the time of the commission of
offense, in the RTC of Manila
o 4. If public officer outside of Manila, in the RTC of
the province or the city where he held office
during the commission of the offense
 Can a headline alone be libelous?
 o No. The headline must be read with the
accompanying news story
 When can public officers demand damage from members
of the press?
o If the statement was made with actual malice –
with knowledge that it was false or with reckless
disregard of whether it was false or not
o How is reckless conduct measured?
 Whether a prudent man would have
published it or investigated further before
publishing
INCRIMINATORY MACHINATIONS (363-364)
 What are the crimes under incriminatory machinations?
o 1. Incriminating an innocent person (363)
o 2. Intriguing against honor (364)
 What is intriguing against honor?
o Chismis. (The author is unknown and the offender
appears to be repeating only what he heard others
say. He doesn’t want to assume responsibility for
the statement.)
o What if the source of the statement is known?
 It’s slander
 What is incriminating an innocent person?
o Imputing to the innocent person the commission of
a crime. This includes planting of evidence
XIV: CRIMINAL NEGLIGENCE
 What is reckless imprudence?
o It is the inexcusable lack of precaution of a
person, taking into consideration his: a)
employment, b) intelligence, c) physical condition,
d) other circumstances (time, person, or place).
o This must lead to material damage to another,
which is manifest.
171
o What are the elements of reckless imprudence?
 1. Offender does or fails to do an act
 2. It is voluntarily done or not done
 3. Without malice
 4. Material damage results from the
reckless imprudence
 5. There is inexcusable lack of precaution
on the part of the offender, taking into
account the above considerations
 What is simple imprudence?
o The failure to exercise the diligence necessary or
called for by the situation.
o It applies to situations where the threatened harm
is not immediate or the danger is not openly
visible.
 What is the nature of culpa/imprudence?
o Culpa under Art. 365 is in itself a crime (criminal
negligence)
o Under Art. 3, it is just a mode of committing a
crime
 Do complex crimes apply to imprudence?
o Yes. If a reckless, imprudent, or negligent act
results in two or more grave or less grave felonies
 Relate reckless imprudence to malice:
o Reckless imprudence consists of voluntarily doing
or failing to do, without malice, an act from which
material damage results by reason of an
inexcusable lack of precaution by the person
performing or failing to perform the act
o Malice is the antithesis of reckless imprudence
 In case of abandonment of victim, what provision of the
RPC governs?
o The qualifying circumstance of the last paragraph
(abandonment) must be alleged for the court to
have jurisdiction to impose the next higher degree
penalty
 To convict for medical malpractice, what kind of evidence  Sexual assault (finger)
is required? o 30,000 indemnity
o Expert testimony is usually necessary to support o 30,000 moral damages
the conclusion as to causation  Raped three times:
o What is the exception to this rule? o There must be a separate award for each crime.
 Res ipsa loquitur o It cannot be one award for 150,000. There must be
 Is there a crime of double homicide through reckless three separate awards for 50,000 each.
imprudence?  General rule: for rape  support child born out of rape.
o No. In reckless imprudence, the actual penalty for (Art. 345 “in every case”)
criminal negligence bears no relation to the o May the offender be compelled to give support to
individual willful crime or crimes committed, but the child born out of rape, although the woman is
set in relation to a whole class/series of crimes. married?
o N.B. in the penalties for negligence, what matters  No, not if the woman is already married.
 Dissent by Justice Regalado: compel
is if a less grave or a grave felony results. This
offender, provided that the paternity of the
determines the violation.
 But does a charge under the RPC absorb the other child to the offender is established. (Basis:
charges comprising mala prohibita crimes? Art. 345 of RPC does not distinguish)
o No. A mala in se felony cannot absorb mala o But the offender cannot be obliged to acknowledge
prohibita crimes. offspring in adultery and concubinage, when the
offended party is married and paternity cannot be
ANNEX 1: CIVIL INDEMNITY RATES
determined.
 Use of woman to rape a woman is aggravating – even
 Even with RA 9346, the classification of crimes as special:
o 25,000 damages
heinous and quasi-heinous still remains (heinous: death;
 Acts of lasciviousness:
quasi-heinous: RP)
o 5,000 moral
o If the crime is heinous:
o 2,000 exemplary for each count
 75,000 indemnity
 Qualified rape:
 50,000 moral damages
o 75,000 indemnity
o Quasi-heinous
o 50,000 moral damages
 50,000 indemnity
 Rape with homicide:
 50,000 moral damages
o 100,000 indemnity
 Simple rape  indemnity 50,000; moral damages 50,000
o 50,000 moral damages
o No need to prove besmirched reputation, mental
 For moral damages on parricide, homicide, rape, etc. No
anguish etc. It goes without saying already.
need to allege emotional suffering on information.
REGARDLESS of sexual preference, religious o But some cases say that in homicide or murder,
orientation, etc. there must be proof that the heirs suffered

172
 emotional pain, suffering, etc. Ex. if they are
separated, then they don’t feel anything.
 Consummated homicide:
o 50,000 indemnity
o 50,000 moral damages
 Frustrated homicide:
o 30,000 moral damages
 Attempted homicide:
o 30,000 moral damages
o Moral v. P: 10,000
 In reckless imprudence resulting to homicide:
o Indemnity
o Moral damages
 Robbery with homicide:
o 50,000 indemnity
o 50,000 moral damages
 Forcible abduction with rape (for each count):
o 75,000 indemnity
o 50,000 moral damages
 Kidnapping with rape
o 100,000 for kidnapping
o 25,000 for moral damages
o 50,000 for slight illegal detention
 Victim kidnapped was 8 years old:
o 50,000 indemnity
o 200,000 moral damages
o 100,000 exemplary damages – because demand for
ransom was deemed an AC
 Qualified carnapping:
o 75,000 indemnity
o 50,000 moral

173