Professional Documents
Culture Documents
Article 365 DOES NOT ALWAYS APPLY Large –Scale Illegal Recruitment – two offenses for same delictual act
i.e., Art. 217, infidelity in the custody of prisoners; frustrated felonies
Anti-Fencing Law – lack of knowledge that item was stolen; lack of Lack of specific intent
intent to gain
Death – presumption of INTENT TO KILL; automatic liability for
People v. Comadre homicide
RA no. 8294 amended Art. 14 of the RPC
In the crime of homicide or murder, use of unlicensed firearms an
aggravating circumstance
Libel – AM No. 08-2008 Justice Callejo: one may only be justified in killing another when in
defense of property, assault is committed on the person
Brillante v. CA, 474 S 480
People v. Veneracion DEFENSE OF RELATIVES
People v. Parazo People v. Bates, 403 S 95
If relative being defended provoked the offended party, person
defending may invoke self-defense if he did not know of such fact
Art. 6
What rights are covered?
In crimes against persons – TO BE FRUSTRATED, WOUND MUST People v. Rebutado, 417 S 393
BE MORTAL (FATAL) to produce all acts of execution Right to life, right to honor, right to property
Complete absence of intelligence, no intent, no negligence, no free If, however, THERE IS CONSPIRACY, NO MITIGATION under this
will circumstance
People v. Oyanib, 406 P 651 Passion and Obfuscation AND Immediate Vindication
Art. 247 is an absolutory cause, not merely mitigating People v. Diokno
If arising from the same act, ONLY ONE may be appreciated
People v. Austria, 27 June 2000
Pelonia v. People, 521 S 207
AS TO HOME/LOT OWNERS – as many crimes of estafa, with 1. It is not possible to determine who among them killed the
deceit, as collections made victim (see Pineda, Lawas)
AS TO EMPLOYER – one count of estafa, since he is supposed to 2. The accused showed a SINGLE criminal impulse (but see Art.
account for ALL collections at any one time when demanded; this is 48, which is clear)
estafa with abuse of confidence 3. There was conspiracy
Justice Callejo: note that in Gamboa and Ilagan, the SC did not apply Justice Callejo: the reason of conspiracy is enough
the single resolution test
People v. Dalmacio, 426 P 563, citing People v. Pineda
People v. Lawas Where accused used armalites, grenades, and explosives
Where 50 Maranaos were gunned down Ruling: Art. 48 is not applicable because:
Ruling: Art. 48 applies since IT IS IMPOSSIBLE TO ASCERTAIN 1. The injuries were the result of successive volleys of gunshots
THE INDIVIDUAL DEATHS CAUSED BY THE ACCUSED 2. Deaths of the victims were from several shots
Justice Callejo (also in Boado): why not conspiracy? People v. Maghoy, 180 S 111
Art. 48 applied SINGLE ACT
People v. Pinkalin, 102 S 136
Where Art. 48 applies single criminal purpose test – attainment People v. Peralta, 193 S 9
of single purpose 1 crime There are as many crimes as victims IF THERE WAS NO EVIDENCE
THAT VICTIMS DIED BY SINGLE DISCHARGE OR BULLET
Dissenting (Makasiar): Art. 48 DOES NOT INCLUDE ANY
CONSIDERATION OF SINGLE IMPULSE People v. Mision
People v. Obillo
People v. Pineda, cited in Gamboa v. CA
Art. 48 is clear, no impulse, purpose, or resolution is mentioned People v. Tabako, 270 S 32
Ruling in Lawas is irrelevant since in Lawas, there was conspiracy Evidence must be presented that victim/s died of a SINGLE ACT or
BULLET or DISCHARGE OF FIREARM
A delito compuesto is when an accused fired a gun ONCE, but
killed TWO OR MORE persons DELITO COMPLEJO
(2nd portion of Art. 48)
Is it the single act of PULLING THE TRIGGER? DOES NOT APPLY IF:
Or is it the result of a SINGLE BULLET? 1. Felony is INDISPENSABLE to another felony
2. Felony is an ESSENTIAL ELEMENT of, or MODE of, or is
When what is used is a sub-machine gun Art. 48 applies since ABSORBED, by another felony
there are SEVERAL BULLETS fired at once 3. Felony is USED TO CONCEAL another felony
People v. Prieto, 80 P 138*** Dissenting (JBL Reyes): Art. 48 contemplates intentional felonies
Murder and physical injuries, although in themselves separate and
distinct criminal offenses, are absorbed by treason when they are People v. Rodis, 105 P 1284
charged as elements or constitutive ingredients of the latter. In this Estafa through falsification by culpa
case they become identified with treason AND CANNOT BE THE
SUBJECT OF A SEPARATE PUNISHMENT, OR USED IN DELITO CONTINUADO
COMBINATION WITH TREASON TO INCREASE THE PENALTY AS
ART. 48 OF THE RPC PROVIDES. Abduction is a continuing crime
In forcible abduction with rape, the additional rapes are absorbed, the
Similar to: FIRST RAPE consummates the complex crime of forcible abduction
1. Punishing one for POSSESSING OPIUM in a prosecution for with rape
SMOKING OPIUM
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HOWEVER, the prevailing rule is still that ADDITIONAL RAPES ARE The moment the convict serves the MINIMUM OF THE IS, convict
SEPARATE OFFENSES may be considered for PAROLE
PRIMORDIAL CONSIDERATION PURPOSE of the offender PAROLE – provide period and conditions for release
If the taking was done with lewd design, forcible abduction If the period lapses without any violation MAXIMUM IS DEEMED
If the woman was raped after, forcible abduction with rape SERVED AND CONVICT RELEASED PERMANENTLY
If the purpose was to abduct TO RAPE, RAPE only, and the taking is APPLICATION OF IS LAW
absorbed as a means to carry out the intent
Consider Homicide
Penalty: Reclusion temporal
24 Aug 2009 No mitigating or aggravating circumstances
In Relation to Art. 48 In robbery with homicide, all other homicides after the first are
Maximum of IS follows Art. 48, BUT FOR MINIMUM, REDUCE FIRST absorbed. How many sets of civil liability? AS MANY HOMICIDES
THE ORIGINAL PENALTY COMMITTED
People v. Rillorta, 15 Dec 1989*** In Art. 48, there are as many civil liabilities AS INJURED PERSONS
The penalty for the complex crime of homicide with assault upon a
person in authority is the maximum period of the penalty for the more Aznar v. Citibank, 519 S 287
serious crime – homicide. That penalty is the maximum period of Damage – loss, hurt, or harm from injury
reclusion temporal. Under the IS Law, each of the accused shall Injury – legal invasion of right
suffer an IS, the maximum term of which shall be within the Damages
prescribed penalty of reclusion temporal, maximum.
People v. Catubig
People v. Cesar, 23/22 S 1024 If aggravating circumstances not pleaded in Information not
considered in criminal liability, BUT ALWAYS CONSIDERED IN
When Crime is Complex with Aggravating Circumstance CIVIL LIABILITY, if proven during trial
IS Maximum is MAXIMUM OF THE MAXIMUM period
i.e., reclusion temporal 3 periods (minimum, medium, maximum) The non-consideration is procedural in nature, while provision for civil
RT MAX divided to 3 periods as well – maximum of RT max liability is substantive
Modes of Commission
1. Levying war
2. By adhering to enemies by giving them aid or comfort
People v. Martin
Adherence to enemy – intent or mental act
Giving aid – overt act People v. Perez, 83 P 314
Supplying comfort women is NOT giving aid or comfort sexual or
Both must be proved social relations with Japanese did not affect war effort; if there is
Adherence to enemy may be proved by circumstantial evidence effect, effect is merely trivial
Giving aid must be proved by direct evidence – 2 witnesses for
EACH OVERT ACT, and which must be credible Gillars v. US
Overt act shown by means of speech treasonous speech – intent
NOTE that even if 2 witnesses are needed, ONLY ONE OVERT ACT shown as integral part of treason
is needed to be proven
People v. Prieto
Kawakita Treason is a POLITICAL CRIME absorbs common crimes if
What is important is the nature of the act of the accused committed in furtherance of treason
Piracy involves not only the locus of the crime, IT IS ESSENTIAL Sec. 44, RA No. 9165
FOR PD NO. 532 TO APPLY THAT THE PERPETRATORS ARE To enforce law, all school heads, supervisors, and teachers may
ORGANIZED TO COMMIT THE CRIME previous attempts or arrest or detain another
similar acts must be shown
NOTE that private individuals may be liable for arbitrary detention IF
Piracy in the RPC may be qualified by ACCOMPANYING ACTS THERE IS CONSPIRACY
Piracy in PD No. 532 is qualified ON OCCASION of acts People v. Flores, 410 P 578
How about CAFGU?
CAFGU may arrest/detain and may be liable for arbitrary detention,
under EO No. 264
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When is the crime committed by dolo? What if the court has no jurisdiction?
When there is evidence that the officer was aware of the illegality Arresting police officer is not liable for the mistake of the prosecutor
Person who makes a valid, warrantless arrest may be liable under Modes:
Art. 126 1. Procured search warrant without just cause felony by dolo,
must be malicious
2. Exceeds authority in executing the same – uses unnecessary
ART. 127 – EXPULSION severity OR seizing property not included in the warrant,
When person is unlawfully expelled from the Philippines or compelled EXCEPT those in plain view
to change residence
Good faith a defense
RELATE to Art. 247 of the RPC, which imposes penalty of destierro
People v. dela Peña
RELATE to PD No. 968, the Probation Law and Sec. 27 of RA No. Determination of maliciousness
9372 An attempt to extort money, even if effected after the issuance of the
search warrant, but prior to the release of the complainant, is relevant
to the question whether or not the warrant was illegally procured,
ART. 128 – VIOLATION OF DOMICILE owing to the obvious tendency of the aforementioned circumstance, if
Only those authorized to arrest or detain another or seize property id proven, to establish that the accused was prompted by the desire to
another or search get money from the complainant. Evidence of the intent of party who
obtained said warrant or warrants is not only relevant, but very
Arevalo v. Quilatan, 16 S __ material, where the accused are charged with having willfully,
unlawfully and feloniously procured said process, pursuant to a
Against the will of the owner, EXPRESS OR IMPLIED common intent, as alleged in the Informations
State of Michigan v. Summers, 452 US 692 ART. 134, 134-A – REBELLION/INSURRECTION, COUP D’ETAT
Both private individuals and public employees may be liable for
Art. 129 DOES NOT APPLY TO SEARCHES OF AGENTS OF rebellion or insurrection
BUREAU OF CUSTOMS
Rebellion – objective is to overthrow the government and supersede
People v. Mago, 22 S 857 with a new one
Tariff and Customs Code gives right to search to officers of BOC
Insurrection – objective is to effect minor change with respect to
particular matters or subjects
ART. 130 – SEARCHING DOMICILE
Inciting to Rebellion crime of a multitude
Quintero v. NBI, 162 S 470
People v. Gesmundo, 219 S 743 REBELLION
Delito continuado by nature
Witnesses’ presence is MANDATORY A political crime crime against a political order; objective is a
political purpose
Is there a complex crime of sedition and serious disturbance? ART. 144 – DISTURBANCE
YES May be by word or by deed
If the offender stages a tumultuous uprising AND AT THE SAME
TIME commits serious disturbance against members of a council Crimes of violence are complexed with Art. 144 pursuant to Art. 48
one crime as a means to commit the other WHEN USED AS A MEANS TO COMMIT IT OR WHEN
COMMITTED ON THE OCCASION OF THE OTHER
Sedition is CONSUMMATED WHETHER OR NOT OBJECTIVES
ARE ATTAINED
ART. 145 – PARLIAMENTARY IMMUNITY
Espuelas v. People, 90 P 524
Sedition statutes ARE NOT VIOLATIVE OF THE FREEDOM OF Art. VI, Sec. 11 of the Constitution is inconsistent with Art. 145.
SPEECH Is Art. 145 rendered ineffective or simply amended by the 1987
Seditious libel its essence is its immediate tendency to stir up Constitution? AMENDED PRO TANTO
general discontent to the pitch of illegal courses; it induces people to Constitution “shall, in all offenses punishable by NOT MORE
resort to illegal methods other than those provided by the Constitution THAN 6 years imprisonment (up to prision correccional), be privileged
in order to repress the evils which press upon their minds from arrest”
The words used directly tend to foment riot or rebellion or otherwise Art. 145 “except in case such a member has committed a crime
disturb the peace punishable under this Code by a penalty HIGHER than prision mayor
(6 years and 1 day to 12 years)”
It does not matter if firearm used is licensed or not, AS LONG AS First Mode
THE PERSON IS ARMED People v. Recto, 419 P 674
The first mode is tantamount to rebellion or sedition WITHOUT THE
If a person used an UNLICENSED firearm under the first mode HE ELEMENT OF A PUBLIC UPRISING
IS PRESUMED THE LEADER
Second Mode
Is this latter instance a violation of RA No. 8294? NO Who may be victims?
Art. 152 of the RPC – persons of authority AND agents of persons in
Identities of organizers through speeches, publications, banners, authority
leaflets
Justo v. CA, 99 P 452
First Mode While engaged in the performance of duties even if at the time
When crimes of violence are committed, illegal assemblies under the of the assault the officer IS NOT PERFORMING HIS DUTIES, AS
first mode LOSES ITS JURIDICAL PERSONALITY it is NOT A LONG AS THE ATTACK WAS BY REASON OF HIS OFFICIAL
SEPARATE FELONY, but considered a PREPARATORY ACT DUTIES, or of past official duties
Charge for illegal assembly OR proposal to commit rebellion, etc. or Sarcepudes v. People, 90 P 228
rebellion, etc. the state has its options, but it cannot charge for If the assault or attack occurs when the officer is NOT in the
both performance of his duties, MOTIVE OF THE ACCUSED BECOMES
DETERMINATIVE of his liability for direct assault
THERE MUST BE SOMEONE WHO INCITES ANOTHER, BUT
AUDIENCE IS NOT INCITED, the inciting had no effect No liability under Art. 148:
1. If the public officer or officer in authority is a mere
NOTE that RA No. 1700 already repealed by RA No. 7636 BYSTANDER
2. If the accused DID NOT KNOW that victim was a person in
BUT see RA No. 9372, Sec. 17 authority
_____, 45 OG 838 RELATE to Art. 153 direct assault with serious disturbance
It is NOT ENOUGH that a weapon was carried by the offender,
WEAPON MUST BE ACTUALLY USED TO ASSAULT
ART. 149 – INDIRECT ASSAULT
Qualifying circumstances: RELATE to RA No. 1978
1. Use of a weapon
2. When offender is himself a public officer or employee Person in Authority
3. When offender lays hands upon a person in authority Include AGENTS of persons in authority
ART. 153 – TUMULTS AND OTHER DISTURBANCES NOTE that in inciting to rebellion or sedition, the act was
DELIBERATE – in Art. 153, the act was SPONTANEOUS
First Mode
1. Offender commits acts which causes serious disturbance Art. 153 is a felony by dolo, and NOT culpa
2. In a public place, office, or establishment – LOCUS CRIMINIS
3. Offender intended to commit public disorder – INTENT TO People v. Bacolod, 89 P 621
CAUSE DISTURBANCE No double jeopardy in charging accused of serious physical injuries
through reckless imprudence and causing disturbance under Art. 153
When is it serious? even if both resulted from the defendant’s act of having fired a sub-
Consider the PLACE where the acts were committed, and the machine gun
occasion or circumstances surrounding the incident
Villanueva v. Ortiza
RELATE to Art. 131 (prohibiting, interrupting, and dissolving peaceful Art. 153 may be a constituent crime of a complex crime may be
meetings) if the public officer is a participant, Art. 153 applies, NOT complexed with DIRECT ASSAULT
Art. 131
There is also TUMULTUOUS DISTURBANCE with HOMICIDE
What is a public place?
People v. Gamay, 40 OG 171 People v. Mangorio, 51 OG 4619
One that is open to the public and not exclusive, even if presided by
private individuals NOTE also that PD No. 1829, Sec. 1(i) may be violated separately
from Art. 153
Second Mode
1. Public performance or public functions
2. Interruption ART. 155 – ALARMS AND SCANDALS
3. NOT under either Art. 131 or 132
4. Disturbance is NOT SERIOUS PAR. 1 – Calculated to cause alarm or danger
Erroneous translation should be calculated to PRODUCE alarm or
Offender may be a participant, or a stranger danger
There must be cause and effect, for IF THERE WAS NO EFFECT,
Presumption under Par. 3 applies ONLY WHEN MADE BY A BAND THERE WAS NO CRIME COMMITTED
Band – more than three armed persons, or more than three persons
with means of violence RELATE to Art. 254 (discharge of firearms)
NOTE that penal establishments INCLUDE PENAL COLONIES RELATE to PD No. 1829, Sec. 1(c)
What about destierro? RELATE to Art. 88, since arresto menor can be served in the house
Art. 157 is APPLICABLE “during the term of imprisonment” is NOT of the defendant himself under the surveillance of an officer of the law
ACCURATE translation, it should be “DURING THE TERM OF
SENTENCE WHICH CONSISTS IN THE DEPRIVATION OF RELATE to Art. 8, since in Art. 157, connivance is a QUALIFYING
LIBERTY” circumstance
Who is not liable under Art. 157? What about destierro? [no answer]
1. Detention prisoner
2. Person who violates departure order What if the offender is a recidivist and a quasi-recidivist?
3. Youthful offenders whose declaration or promulgation of Impose MAXIMUM OF THE MAXIMUM PENALTY
sentence is SUSPENDED
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What if a complex crime was committed? Liability is under Art. 171 if the falsification was committed by any
Maximum penalty for the most serious offense if a quasi-recidivist, other mode or means than that provided in Art. 170
impose MAXIMUM OF THE MAXIMUM OF THE PENALTY FOR THE
MOST SERIOUS OFFENSE
ART. 171 – FALSIFICATION
ART. 161, 162 – COUNTERFEITING SEAL, USING FORGED A document INCAPABLE OF PRODUCING LEGAL EFFECTS
SIGNATURE CANNOT BE THE SUBJECT OF FALSIFICATION
Camido v. CA, 8 Dec 1995
If accused forged the signature of the President, THERE ARE AS Official Document – one in which a public official intervenes in
MANY CRIMES OF FORGERIES AS THERE ARE DOCUMENTS preparation or accomplishment
FORGED
Commercial Document – used by merchants to facilitate trade and
Caubang v. People, 210 S 377 commercial transactions
Crime is only by dolo, NOT BY CULPA the provision requires
“knowingly or maliciously” forging Private Document – no intervention of public notary or public official
legally authorized to do so, by which some disposition or agreement
is proved
ART. 166, 169 – FORGING TREASURY OR BANK NOTES
PAYABLE TO BEARER Monteverde v. People, 435 P 906
People v. Balmores, 85 P 493 If the document is intended to be part of a public record, and the
Philippine charity sweepstakes ticket is a government obligation document is falsified BEFORE it becomes part of the public record,
however, forgery of this document makes one liable for ESTAFA Art. 171 is still violated
THROUGH FALSIFICATION OF PUBLIC DOCUMENT, not forgery
under Art. 166 in relation to Art. 169 People v. Bon Ping
CSC Booklet forms part of the official records of the government, so
when it is falsified, liable under Art. 171
ART. 170 – FALSIFICATION OF LEGISLATIVE DOCUMENTS
Elements: Bermejo v. Barrios
1. What is authored is a genuine bill, or ordinance Pleadings of parties and papers in action in custody of the clerk of
2. Alteration must be the substance court are PUBLIC documents
3. Alteration is with deliberate intent
Layug v. Sandiganbayan
BUT, if the offender is a PUBLIC OFFICER OR EMPLOYEE IN Petitioner, a public school teacher, indicated in her DAILY TIME
CUSTODY OF THE DOCUMENT liable for FALSIFICATION in Art. RECORD that she attended classes, when in fact she did not AS
171, and not under this provision MANY CRIMES AS DTRs FALSIFIED
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Indispensable that the offender make it appear that the person Mallari v. People, 168 S 432
participated in the act or proceeding – THE PERSON SHOULD IN When it was made to appear that real owner mortgaged property –
FACT EXIST Cuello Callon falsification
Accused borrowed money from 2 lenders on same occasion – ONE
If the person is ALREADY DEAD, is offender liable? YES CRIME OF ESTAFA, delito continuado
Lastrilla v. Granda, 481 S 324***
Accused is guilty under paragraph 1, 2, and 5 – antedated document People v. Stella Romualdez, 57 P 148
(par. 5); forged signature of dead father (par. 1)
PAR. 4
Andaya v. People, 493 S 531 Siquian v. People
Falsification under par. 2, Art. 171 in relation to Art. 172 Elements:
1. Offender a public officer or employee, or a notary public
People v. Abubakar, 93 S 294 2. Made untruthful statements in a narration of facts
Accused made it appear that he was a registered voter, and was able 3. Had a legal obligation to disclose the truth
to vote
Ruling: accused guilty of falsification under par. 2, criminal liability in People v. Yanza(?)
RPC apart from liability in OEC Must be a narration of facts, NOT CONCLUSION OF LAW
People v. Madrigal
Abalos v. People ART. 177 – USURPATION OF AUTHORITY
BUT there as many crimes as falsification as DOCUMENTS
FALSIFIED Is there a complex crime of usurpation of authority with
falsification? YES
People v. Segovia People v. Cortez, 73 OG 10056
People v. Ponferrada When individual introduced himself as BIR agent, with falsified BIR ID
Samson v. CA Liability for BOTH usurpation and RA No. 75? YES [Justice
Batulanon v. People Callejo]
Fictitious name to defraud another – NOT ART. 178, but ESTAFA Art. 180 and 181 are crimes mala in se
(relate to Art. 315)
Bachrach Motor v. CIR
Fictitious name to enter house to rob – NOT ART. 178, but Necessary that testimony is COMPLETE when witness has
ROBBERY (relate to Art. 299) already been cross-examined, and discharged as a witness
Where one uses a fictitious name to commit falsification Cuello Villanueva v. Sec. of Justice, 475 S 495
Callon: INTEGRATED in the crime of falsification Law requires that OFFENDER BE AWARE OF FALSITY OF
TESTIMONY
EVADING JUDGMENT
Law does not distinguish between criminal or civil cases People v. Reyes, 48 OG 1837
Supposing offender takes place of convict, so convict can People v. Maneja, 72 P 256
escape, what crime? There must be a FINAL JUDGMENT; the mere testimony IS NOT
CONVICT WHO ESCAPED – evasion of service of sentence ENOUGH; final judgment a condition sine qua non
PERSON WHO TOOK PLACE –
1. Using fictitious name under Art. 178 (Albert – with whom Under Art. 180, the testimony of a witness may refer not only to the
Justice Callejo does NOT agree); guilt, but also to aggravating or qualifying circumstances
2. Use of fictitious name AND delivery of prisoner from jail under
Art. 156 (Reyes – with whom Justice Callejo does not agree Whether the accused is convicted or not is immaterial
insofar as use of fictitious name is concerned);
3. Delivery of prisoner from jail, AND the use by a fictitious name BUT Art. 180 WILL NOT APPLY if penalty less than correctional
ABSORBED (Regalado – with whom Justice Callejo does penalty, but WITNESS may be charged with perjury
NOT agree);
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If accused himself testifies falsely in his behalf, liable? NOT People v. Gutierrez
LIABLE
Serrano v. Asturias, 476 S __
If accused falsely testifies by attributing the crime to another Provision does not apply to false testimony in SPECIAL
person, liable? YES, People v. Soliman, 36 P 5 PROCEEDINGS, or petition for naturalization
What applies? Art. 183, perjury
The retraction of the witness of his testimony DOES NOT
EXTINGUISH CRIME since it is already consummated, UNLESS
retraction is SPONTANEOUS ART. 183 - PERJURY
Perjury is the willful and corrupt assertion of a falsehood under oath
No attempted or frustrated stage of crime (Cuello Callon – Justice or affirmation administered by authority of law on a material matter
Callejo agrees there is no frustrated stage)
Villanueva v. Sec. of Justice, 475 S 495
RA No. 6981, Sec. 13, Witness Protection Act Requirements:
Witness who testifies falsely or evasively loses immunity and 1. Accused made a statement under oath or executed an
becomes liable for perjury, NOT under Art. 180 or 182 affidavit upon a material matter
2. Statement or affidavit made before a competent officer,
RA No. 9372, Sec. 47 authorized to receive and administer oath
False testimony a crime under the law 3. Statement or affidavit contained a willful and deliberate
assertion of a falsehood
RPC and HSA at the same time? NO. Under RA 9372, one 4. The statement or affidavit was required by law, or for a legal
convicted of crime in RPC cannot be prosecuted under HSA purpose
Civil Case – not confined to ordinary civil actions, includes ART. 203 – PUBLIC OFFICERS
supplemental proceedings, i.e., execution, arbitration, preliminary
attachment, relief from judgment Agencies of the government include:
1. GOCCs
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2. Subsidiaries of GOCCs, whether with original charter or May be committed by dolo or by culpa
created under the Corporation Code
3. Whether stock or non-stock AS LONG AS FUNCTIONS ARE
GOVERNMENTAL IN NATURE ART. 207 – DELAY IN ADMINISTRATION OF JUSTICE
Magdamo v. Judge Pahimulin, 73 S 110
Agbayani v. Sayo May be committed ONLY BY DOLO because of the use of the word
People v. Sandiganbayan, 451 S 413 MALICIOUS to inflict damage or injury
Use public officers definition in Art. 203 It is enough that the act is CONNECTED TO THE PERFORMANCE
OF DUTIES it is NOT A DEFENSE that the offender EXCEEDED
What are “official duties”? HIS AUTHORITY
Such duties with official power who can contribute to the end sought
to be achieved by bribery Valderama v. Nagal
Receiving money on different occasions in consideration of one act
Can bribery be attempted or frustrated? AS MANY CRIMES AS BRIBES GIVEN AND RECEIVED
ATTEMPTED – yes
FRUSTRATED – no
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What about SPL punishing the offense with life imprisonment? Concept of “taking” in malversation, same as that in theft
Note that Art. 211-A uses reclusion perpetua ORDINARY COMPLETE
BRIBERY ONLY, not under Art. 211-A
Malversation may be committed by dolo or by culpa
Justice Callejo: but look at intent of the law
ACCOUNTABLE OFFICER
NOTE that the person MUST BE CONVICTED OF THE CRIME Quenejero v. People, 397 S 465
Consider duties of the officer:
1. Custody of funds PART OF DUTY
ART. 217 – MALVERSATION 2. Duty-bound to ACCOUNT
1. Because of the nature of their functions Giving of vale or loan from public funds prohibited by Sec. 105 of the
2. On account of their participation in the use or application of Government Auditing Code
public funds
Enriquez v. People, 331 S 538
PUBLIC FUNDS/PROPERTY The law creates a prima facie presumption of malversation WHEN AN
Is object evidence in the nature of public property? YES ACCOUNTABLE OFFICER FAILS TO ACCOUNT WHEN
Castillo v. Buencillo, 427 S 356 DEMANDED nevertheless, THERE MUST STILL BE EVIDENCE
Solesta v. Mision, 457 S 519 OF THE SHORTAGE
Even if an object is merely offered as exhibits is pending litigation,
they are public property since they are in custodial egis THERE ARE AS MANY CRIMES AS OCCASIONS WHEN MONEY
TAKEN malversation may be complexed with other crimes, BUT
Hence, a CASH BAIL BOND, and MONEY CONSIGNED with the NOT when the other is used TO CONCEAL the crime
court, are also in the nature of public funds as they are in custodial
egis public funds include money in custody by provision of law or San Jose v. Camorongan, 488 S 102
the Rules of Court or by any other order or legal process issued by a When the officer is not an accountable officer, NO MALVERSATION
court There may be liability for MALVERSATION BY CULPA
NOTE that a person serving DESTIERRO is NOT DETAINED ART. 246 – PARRICIDE
People v. Paycana, 16 Apr 2008 RELATE to Art. 263, par. 2 relationship is a special aggravating
circumstances
What if the child is less than 3 days old? INFANTICIDE, NOT
PARRICIDE
NOTE that in infanticide, RELATIONSHIP is NOT AN ELEMENT; but ART. 247 – DEATH UNDER EXCEPTIONAL CIRCUMSTANCES
if either of the parents kills the child, impose PENALTY FOR
PARRICIDE, except as provided in par. 2 of Art. 255 People v. Araquel, 106 P 677
Art. 247 does not define a felony it merely grants a privilege or
NOTE that the law DOES NOT REQUIRE OFFENDER’S benefit amounting to an exemption
AWARENESS OF HIS RELATIONSHIP WITH THE VICTIM, what
matters is the FACT, not the knowledge, of the relationship Destierro in this instance is NOT A PENALTY, but TO PROTECT
THE ACCUSED FROM REVENGE
Parricide is ABSORBED in ROBBERY WITH HOMICIDE since the
use of term homicide is generic People v. Coricor, 79 P 627
The rationale for imposing destierro is a product of twisted logic
HOWEVER, EVEN IF THERE IS CONSPIRACY, ONLY THE [Justice Perfecto]
PERSON RELATED to the victim will be liable for parricide
May court consider Art. 13 or 14?
RELATE to Art. 8, 17, and 48 Weight of authority does not and as held in People v. Oyanib, 406
Complex crime of parricide and infanticide P 621, Art. 247 is in itself already an absolutory and exempting cause
People v. Laureano, 71 P 530 PROBLEM: the law speaks of serious physical injuries, but what
In parricide, treachery is a GENERIC, NOT A QUALIFYING, if the crime/killing was merely attempted or frustrated, is
CIRCUMSTANCE destierro still applicable?
Is there parricide by culpa? YES – reckless imprudence resulting in People v. Wagas, 8 Mar 1989
parricide There must be a concurrence of:
1. Offended spouse killing his or her spouse and the other
People v. Paycana person
Court applied Art. 48 – parricide with unintentional abortion 2. Killing must be AT THE TIME of flagrant unfaithfulness
People v. Rubinos, 432 P __ BUT what if the killing occurs AFTER? POSSIBLE
People v. Abarca
Parricide is POSSIBLE in the ATTEMPTED and FRUSTRATED If killing is a DIRECT BY-PRODUCT length of time must be judged
stages on a case to case basis
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People v. Galura
People v. Rabandan Treachery inherent in use of POISON, if there is intent to kill, and the
victim dies IF THERE IS NO INTENT TO KILL, treachery is
OPTIONS – defense of honor, and thus justified, under Art. 11; OR qualifying if victim dies
under the circumstances in Art. 247, penalty is destierro
NOTE that Art. 247 uses the term SEXUAL INTERCOURSE, so if Lazaro v. People, 26 June 2007
what was committed was SEXUAL ASSAULT, accused cannot invoke It is not the gravity of the wounds alone which determines whether a
Art. 247 since this provision was not amended by RA No. 8353 felony is attempted or frustrated, but whether the assailant had
passed the subjective phase in the commission of the offense
NO complex crime of arson with homicide either ARSON, or Arts. 251 and 252 DO NOT DEFINE A CRIME, they merely
HOMICIDE IDENTIFY WHO MAY BE LIABLE
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People v. Abiog, 37 P 137 Offense cannot be committed by culpa, since SPECIFIC INTENT is
SEVERAL means more than two FOR EACH group present, although not intent to kill
People v. Paycana
ART. 253 – ASSISTANCE TO SUICIDE The child must be born ALIVE viable, or capable of independent
life
People v. Marasigan, 70 P 588
The PERSON ATTEMPTING TO COMMIT SUICIDE is NOT LIABLE If the victim is a FETUS with INTRAUTERINE LIFE of 6 MONTHS
IF HE SURVIVES abortion
RELATE to Arts. 153, 154, 155, and 248 People v. Oro, 90 P 548
Treachery is INHERENT in infanticide
Dado v. People, 449 P 521
Elements: People v. Morales, 121 S 426
1. Offender discharges firearm RELATE to Art. 276 (abandoning a minor)
2. Against another person – aimed at another TO SCARE, NOT When a mother abandons a 2-day old child, and the child dies
TO KILL OR INFLICT INJURY INFANTICIDE
But if there was no intent to kill, and the child dies
What if the discharge was made in a public place? ART. 153 MAY ABANDONMENT
APPLY
Although abuse of superior strength is NOT aggravating, SC has
ruled that it may apply
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Can there be self-defense? NO, there was an agreement to fight Must be WITHOUT INTENT TO KILL
RELATE to Justo v. CA, where Justo hit the victim before reaching Must be made KNOWINGLY the accused must be aware that the
the venue even if there was agreement to fight substance or the beverage is INJURIOUS to the health of the victim
Offense MUST BE PURPOSELY DONE, it must be intentional May there be an impossible crime in this instance? NO
there is a deliberate intent, with a desired result THERE MUST BE NO OTHER CRIME, in this case there may be
physical injuries
US v. Bogel, 7 P 286
Mutilation is understood to be the lopping off or clipping off some part
of the body the putting out of an eye does not come under this
definition
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What if the crime was committed with the use of a weapon, and
People v. Abuel, 261 S 339 committed by two persons? BOTH QUALIFY THE CRIME, no legal
People v. Palma, 144 S 236 basis to use the other as generic since either is not in Art. 14
BUT deprivation NEED NOT BE COMPLETE BUT this can be a basis for imposition of exemplary damages,
following People v. Catubig
People v. Guillermo, 521 S 597
Where victim was raped when she was ASLEEP likewise People v. Almanzor, 433 P 667
incapable of giving consent If LICENSED FIREARM is used QUALIFYING CIRCUMSTANCE
If UNLICENSED FIREARM is used NOT AGGRAVATING,
People v. Salarsa, 18 Aug 1997 NEITHER IS IT A SEPARATE CRIME
It does not matter whether the victim was only half-asleep, or was
only drowsy, WHAT IS DETERMINATIVE IS WHETHER THE VICTIM RAPE WITH HOMICIDE/ATTEMPTED RAPE WITH HOMICIDE
COULD HAVE GIVEN CONSENT OR NOT Special complex crime, DO NOT APPLY Art. 48
Homicide MUST BE CONSUMMATED
People v. Conde, 252 S 681 Must be committed BY REASON of the rape
A person who is asleep is similar to an unconscious person
People v. Ramos, 94 S 842
People v. Dela Cruz, 235 S 297 “BY REASON” – with a logical connection
DEADLY WEAPON (in Art. 266-B) What if the victim suffers serious or less serious physical
Does this include an unlicensed firearm? injuries?
People v. Apiado, 53 P 325
People v. Alfeche, 294 S 353 Apply Art. 48 – SINGLE ACT
Deadly weapon – any weapon or instrument calculated to produce
fear of death or serious bodily harm People v. Lizada
PREPARATORY ACTS may be ACTS OF LASCIVIOUSNESS IF
People v. Cula, 385 P 742 THERE IS NO INTENT TO LIE WITH THE VICTIM
Mere possession of weapon IS NOT ENOUGH, IT MUST BE USED
TO PERPETRATE THE RAPE People v. Cordonio, 319 P 169
If the PURPOSE is TO RAPE RAPE
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If the PURPOSE is to ABDUCT rape is incidental, so FORCIBLE If the court looks at the victim to determine age, THIS IS NOT
ABDUCTION WITH RAPE (note that forcible abduction requires JUDICIAL NOTICE, but a VIEW OF OBJECT EVIDENCE
specific intent lewd designs)
INTENT OF THE ACCUSED IN THIS INSTANCE IS PRIMORDIAL to What is the probative weight of this view by the judge?
determine whether it is forcible abduction with rape, or separate Depends on each case; this is but an approximation of age, NOT
crimes of forcible abduction and rape ACTUAL PROOF
If KILLING is merely an AFTERTHOUGHT still, rape with homicide People v. Garcia, 346 P 475
People v. Delantar, 514 S 115
People v. Obrique, 420 S 304 Guardian – legal or judicial guardian
May the age of the victim be stipulated in the pre-trial order? NO, Serious Illegal Detention – deprivation of liberty in whatever form
People v. Balbarona
People v. Astorga, 283 S 420
Can the court take judicial notice of the victim’s age? People v. Mercy Santos, 283 S 543
People v. Rullepa, 398 S 567 Length of detention is IRRELEVANT
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What is the difference between robbery and extortion? NOTE decision in Laurel v. Judge Abrogar, 13 Jan 2009, which
Robbery takes place when the property is taken in possession right recognized theft of services is it now possible to commit robbery of
then and there, or at the moment of the robber services?
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Either separate crimes, or Art. 48 applies What if victim was killed first, and his property was taken?
HOMICIDE AND THEFT, theft merely an afterthought
There is no robbery with murder qualifying circumstances become
generic aggravating NOTE that INTENT to rob IS NOT THE ONLY GAUGE OF
LIABILITY(?)
“On the Occasion”
Means CONTEMPORANEOUSLY with the robbery People v. Tidong, 225 S 324
Intent TO GAIN is enough, even if there is no intent to rob
“By Reason”
Not necessarily contemporaneously, but WITH LEGAL, LOGICAL What about multiple deaths? INCLUDED, no crime of robbery with
CONNECTION between the robbery and the homicide MULTIPLE homicide
However homicide is committed can either be negligent/accidental People v. Angeles, 224 S 251
or intentional, AS LONG AS THE ORIGINAL INTENT IS TO ROB Rape is not to be complexed IF IT DID NOT ACCOMPANY THE
ROBBERY, meaning, the RAPE IS NOT DONE AT THE SITUS OF
People v. Gardon, 104 P 171 THE ROBBERY
Even if it was the policeman who shot and killed the bystander
ROBBERY WITH HOMICIDE
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NOTE that use of unlicensed firearm is a special aggravating This is an exception to Rule on Evidence of similar acts
circumstance
ART. 308 – THEFT
RELATE to PD No. 532 – there must be evidence of indiscriminate Gaviola v. People, 480 S 436
activity Elements:
1. Personal property is taken
2. Property belongs to another
ART. 297 – HOMICIDE COMMITTED ON OCCASION OF 3. Intent to gain
ATTEMPTED/FRUSTRATED ROBBERY 4. Taking done without consent
5. Without VIP, FUT
NOTE that there is no FRUSTRATED robbery or theft
May one be liable for theft even if there is VIP? YES, if the VIP is
perpetrated AFTER the taking of property
ART. 299 – ROBBERY WITH FUT
People v. Cruz, 429 P 511
Napolis v. People Offender killed the victim, and as an afterthought, stole personal
People v. Araraw, 110 S 410 property of victim TWO CRIMES – murder or homicide, AND theft,
since there is no violence or intimidation in connection with the taking
The SC has ruled that “uninhabited place” in Art. 302 actually means People v. Moreno, 425 P 526
“uninhabited HOUSE” (in contrast to Art. 299) The accused raped victim, while victim unconscious, accused took
necklace and watch of victim TWO CRIMES – rape AND theft,
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PAR. 2(1)
THEFT OF LOST PROPERTY People v. Sison, 322 S 345
Elements: Accused, branch manager of a bank, took money from vault of bank –
1. Offender finds lost property QUALIFIED THEFT
2. No delivery to proper authority
3. Intent to gain People v. Lucson, 57 P 325
How about bank teller? QUALIFIED THEFT, not merely theft
People v. Rodrigo, 16 S 475
Local Authority – municipal mayor People v. Bago, 330 S 115
Person in-charge of materials and head of the department
US v. Serna, 21 P __ QUALIFIED THEFT
Law does not fix a timeline, depends on the circumstances
Rebucan v. People, 507 S 332
People v. Avila, 44 P 720 Cashier of a company or a bank QUALIFIED THEFT
Lost – generic term, may include loss by someone stealing it, or any
act by any person other than owner, or owner losing the property People v. Mercado, 397 S 746
Manager of a jewelry store QUALIFIED THEFT
People v. Rodrigo
NO theft of lost property by CULPA – law requires intent; crime is People v. Seranilla, 244 P 295
malum in se intent to gain is presumed from deliberate refusal of Trusted employee connives with a non-employee? ONLY
finder to deliver EMPLOYEE LIABLE FOR QUALIFIED THEFT, person who
connives, with no relation to company, SIMPLE THEFT (even if there
What if property is given to policeman (not to mayor)? LIABLE is conspiracy)
FOR THEFT
MAIL MATTER
Avecilla v. People, 11 June 1992
ART. 310 – QUALIFIED THEFT Mail matter subject of qualified theft – RA No. 7354 – all matters
authorized by the government to be delivered through the postal
ABUSE OF CONFIDENCE service; includes letters, parcels, printed materials, money orders
People v. Song, 63 P 369 Does not matter if registered mail matter or not
There must be, between the offender and the offended, a relation of
dependence, guardianship, or vigilance of the property Marcelo v. Sandiganbayan, 302 S 102
Whether employee or not qualified theft; private individual who
Grave abuse must originate from special relation of intimacy and steals mail matter
confidence between offender and offended party
CARNAPPING
Art. 310 amended by RA No. 6539
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Theft of motor vehicle, now CARNAPPING 2. Vehicles which run only on trains or tracks
1. Intent to gain 3. Tractors, trailers, and traction engines of all kinds USED
2. Taking of motor vehicle EXCLUSIVELY FOR AGRICULTURAL PURPOSES
3. Belonging to another A TRAILER, when propelled or intended to be propelled BY
4. Without consent of owner ATTACHMENT TO A MOTOR VEHICLE, shall be classified as a
5. By VIP or FUT, or EVEN WITHOUT VIP/FUT separate motor vehicle
Is abandonment of car an exempting circumstance? NO, the fact Castrodes v. Ponelo, 83 S 670
is that he still took and used the car If accused usurps real rights of another, and commits violence by
killing another TWO CRIMES – usurpation, and homicide
Supposing the offender carnapped a vehicle which he knew was NO crime of usurpation with homicide
stolen? NOT AN ACCESSORY, since under anti-carnapping law, no
penalty for accessory, BUT criminally liable for anti-fencing law
ART. 315 – ESTAFA
Presumption that one in possession, the principal applies to
carnapping MISAPPROPRIATION/CONVERSION
Estafa is malum in se
Galvez v. CA, 42 S 278
Without fiduciary relationship, NO ESTAFA Sesbreno v. CA, 240 S 606
Money market transactions
Manahan v. CA, 255 S 202
Pari delicto doctrine – not applicable in criminal cases
People v. Trinidad, 53 OG 731
Conversion (destraer) – use or disposal of property entrusted as if it Tanso v. Drilon, 329 S __
were one’s own
Libuit v. CA, 469 S 310, [compare to Santos v. CA]
Ong v. People, 25 Apr 1989 Petitioner sold cylinder and engine – charged with estafa
Misappropriation – to own, or take property of another for one’s own CORRECT, since car was held in trust by petitioner, because it was
benefit or advantage; includes any attempt to dispose of the property delivered for repairs, and there is obligation to return the same thing
of another without any legal right
US v. Lim, 36 P 692
Lee v. People, 455 S 256 If fraud and deceit concurs with abuse of confidence estafa with
Salazar v. People, 391 S __ abuse of confidence
Even temporary disturbance of property rights constitute
misappropriation Ilagan v. CA, 239 S 575
As many crimes of estafa as number of persons from whom collection
Batulanon v. People, 502 S 35 is made on different dates
Misappropriation need not be permanent If without authority to collect in the first place – without juridical
possession so according to Justice Callejo: THEFT, not estafa
Tan v. People, 513 S 194
Salazar v. People, 336 S 531 Vallarta v. CA, 150 S 337***
Prejudicial to another – need not be the owner of the property If the accused and complainant entered into sale or return of jewelry
entrusted to another; prejudice or damage falls on someone other transaction ownership is transferred to the offender-vendee with a
than the owner/perpetrator of the crime right to return
Metrobank v. Tonda, 392 S 797 Preferred HomeSpecialties, Inc. v. CA, 16 December 2005 ***
Acts in PD No. 115 constitute estafa False pretense – any trick or device whereby the property of another
is obtained
People v. Nitafan, 207 S 726 Fraudulent act/representations – those acts proceeding from or
Metrobank v. Tonda, 338 S 254 characterized by fraud, the purpose of which is to deceive
Crime is malum prohibitum intent to defraud or criminal intent not Fraudulent means – representations of one inducing another to act
required to its own injury
Representation – anything which proceeds from the action or
Metrobank v. Go, 23 Nov 2007 conduct of the party charged and which is sufficient to create upon
Goods which were imported were in fact in the warehouse, and the the mind a distinct impression of fact conducive to action
proceeds not misappropriated by the company, and there was no
intent to defraud the offended party People v. Menil, 340 S 125 ***
Ponzi scheme – the fact that early investors were paid the returns on
Ong v. CA, 449 P 691 their investments induced more people to participate in the illegal
Under PD No. 115, OFFICERS, NOT THE CORPORATION, ARE scheme with the hope of realizing the same extravagant rate of return
LIABLE since these officers are those that acted for the Ruling: DECEIT IS A SPECIES OF FRAUD
corporation Fraud – anything calculated to deceive, including all acts, omissions,
and concealment involving a breach of legal or equitable duty, trust,
Gonzales v. HSBC, 19 October 2007 or confidence justly reposed, resulting in damage to another, or by
Law on Agency DOES NOT APPLY TO CRIMINAL CASES which an undue advantage is taken of another; it is a generic term
When a person participates in a crime, he cannot plead having acted embracing all multifarious means which human ingenuity can devise,
only as an agent and which are resorted to by one individual to secure an advantage
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How about if the check is not negotiable? If accused drew a check in payment of his capital in a business
Gutierrez v. Palattao, 292 S 26 and check was dishonored, is this estafa?
Negotiability of check IS NOT THE GRAVAMEN, but the fraud or Chang v. IAC, 29 Dec 1986
deceit employed by the offender is knowingly issuing a worthless The issuance is in payment of a pre-existing obligation, therefore, NO
check ESTAFA
If at the time of the issuance of the check, no funds, but at the time Tugbang v. CA, 29 June 1996
amount was due, there are funds, NO ESTAFA If check issued in exchange for cash from payee, with assurance from
accused that check will be sufficiently funded, but check dishonored
People v. Tongko, 290 S 595 ESTAFA, this is not in payment of a pre-existing obligation, as
Postdating of a check means that at the date of the check, it would be check was issued for the purpose of the exchange
properly and sufficiently funded
Lopez v. People, 555 S 525
People v. Pacheco, 319 S 595 Prosecution must prove that offender HAD KNOWLEDGE of the lack
People v. Reyes, 454 S 635 or insufficiency of funds by direct or circumstantial evidence, OR
People v. Holzer, 391 P 396 BY ADMISSION OF DRAWER
If at the time of the issuance of the check, offended party knew that
check had no funds NEGATES ELEMENT OF DECEIT which How else is knowledge proved?
constitutes a defense in the charge of estafa Presentation of notice of dishonor of check FROM DRAWEE BANK
People v. Mario Tan, 382 P 877 Prosecution must also prove RECEIPT OF NOTICE OF DISHONOR
If check issued in payment of a NON-EXISTING OBLIGATION, NO
ESTAFA even if no funds – NO DAMAGE People v. Ojeda, 234 S 436
Failure of the drawer to make the deposit in the time provided by law
3 DAYS TO PAY THE AMOUNT OF THE CHECK
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Drawer of check must be served a copy of dishonor, otherwise, Evangelista v. People, 277 S __***
no criminal prosecution for estafa or BP 22 Where the victim was deceived by the petitioner to part with his
money in exchange for winning a game ESTAFA
Timeline – 5 days; also with prima facie presumption of knowledge
This crime is COMMITTED WHEN A DEBTOR DESTROYS A PN TO
Verbal notice of dishonor allowed? NO PREVENT CREDITOR FROM COLLECTING
[In Lopez – verbal notice allowed]
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If no representation NOT LIABLE UNDER THIS PROVISION Suppression of a material fact is DECEIT
Whether under PD 1613 or under RPC THERE IS ONLY ONE In a case where a spouse is absent for the requisite period, the
CRIME OF ARSON IRRESPECTIVE OF THE NUMBER OF present spouse may contract a subsequent marriage only after
HOUSES OR BUILDINGS BURNED ON ONE OCCASION securing a judgment by instituting summary proceedings declaring
the presumptive death of the absent spouse to avoid being charged
Is one liable for arson for burning his own property? and convicted of bigamy
LAW DOES NOT PENALIZE, BUT MAY BE LIABLE WHEN IT
EXPOSES LIFE, OR OTHER PROPERTY, TO DANGER The judgment is proof of the good faith of the present spouse who
Liable also if he burns his house WHEN OCCUPIED BY A LESSEE contracted a subsequent marriage even if the present spouse is
later charged with bigamy if the absentee spouse reappears, he
Is there frustrated arson? cannot be convicted of the crime
People v. Hernandez, 54 P 102
Partially burned house, even if fire later on extinguished ARSON Carino v. Carino, 351 S 127
CONSUMMATED
Liability IS NOT DETERMINED BY EXTENT OF BURNING Mercado v. Tan, 391 P 809
Petitioner contracted a second marriage although there was yet no
People v. Valdez, 39 P 340 judicial declaration of nullity of his first marriage, and instituted the
petition for nullity only after complainant had filed a letter-complaint
6-A CJS charging him with bigamy by contracting a second marriage while
Arson is consummated however slight the burning may be the first was still subsisting, he committed the acts punishable under
Art. 349 – THAT HE SUBSEQUENTLY OBTAINED A JUDICIAL
But BURNING OF PERSONAL PROPERTY INSIDE A HOUSE, NOT DECLARATION OF THE NULLITY OF THE FIRST MARRIAGE WAS
ARSON IMMATERIAL