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Criminal Law 3rd Exam – JRAA

TITLE EIGHT
Crimes Against Persons Article 49. Penalty to be imposed upon the principals when the crime
committed is different from that intended. - In cases in which the felony
CHAPTER ONE committed is different from that which the offender intended to commit, the
Destruction of Life following rules shall be observed:
1. If the penalty prescribed for the felony committed be higher than that
SECTION ONE corresponding to the offense which the accused intended to commit, the
Parricide, Murder, Homicide penalty corresponding to the latter shall be imposed in its maximum
period.
2. If the penalty prescribed for the felony committed be lower than that
ARTICLE 246. Parricide. — Any person who shall kill his father, mother, or corresponding to the one which the accused intended to commit, the
child, whether legitimate or illegitimate, or any of his ascendants, or penalty for the former shall be imposed in its maximum period.
descendants, or his spouse, shall be guilty of parricide and shall be punished 3. The rule established by the next preceding paragraph shall not be
by the penalty of reclusión perpetua to death. applicable if the acts committed by the guilty person shall also constitute
an attempt or frustration of another crime, if the law prescribes a higher
Elements: penalty for either of the latter offenses, in which case the penalty
1. A person is killed; provided for the attempted or the frustrated crime shall be imposed in
2. The deceased is killed by the accused; its maximum period.
3. The deceased is the father, mother, or child, whether legitimate or
illegitimate, or a legitimate other ascendant or other descendant, or the People vs Ignacio
legitimate spouse, of the accused. In killing a spouse, there must be a valid subsisting marriage at the time of the
killing. Also, the information should allege the fact of such valid marriage
Parricide is a crime of relationship. between the accused and the victim.
This is a crime committed between people who are related by blood. However,
between spouses even if they are not related by blood, the crime is also People vs Javier
Parricide. What is the best proof of the marital relationship of the accused and the deceased?

Marriage Certificate. There must be a valid subsisting marriage.


This crime is regarded as the highest form of destruction of life. It is the most
terrible and unnatural of crimes. People vs Patricio
A stranger who cooperates is not guilty of parricide because it is a crime of
relationship. His participation in conspiring will make him liable of either
RULES:
murder of homicide as the case may be. The rule on conspiracy does not apply
1. The offender must be related to the victim by blood, except husband and
here because of the personal relationship to the offender of the offended
wife;
party.
2. The relationship between the offender and the offended party must be in
the direct descending or ascending line and not in the collateral line
People vs Tibon June 29 2010
except between husband and wife;
This appeal admits that parricide has indeed been committed. The defense,
3. Between parents and child, the relationship may be legitimate or
however, banks on Tibon’s insanity to exempt him from punishment. The
illegitimate;
defense has unsatisfactorily shown that Tibon was insane when he stabbed his
4. All other ascendants or descendants must be legitimate.
two young sons. The aforementioned circumstances are not easily available to
an accused as a successful defense. Insanity is the exception rather than the
Notes:
rule in the human condition. There is a vast difference between a genuinely
 When marriage is void ab initio there is no parricide;
insane person and one who has worked himself up into such a frenzy of anger
 Killing of adoptive parent or adopted child is not parricide;
that he fails to use reason or good judgment in what he does. We reiterate
 Muslim Spouse: killing the first wife only is parricide;
jurisprudence which has established that only when there is a complete
 Relationship is personal;
deprivation of intelligence at the time of the commission of the crime should
 Knowledge of relationship is not necessary because the law does not
the exempting circumstance of insanity be considered.
require knowledge of the relationship as an indispensable element of the
Parricide is differentiated from murder and homicide by the relationship
crime.
between the killer and his or her victim. Even without the attendant
 The child mentioned in the law must not be less than 3 days old; otherwise
circumstances qualifying homicide to murder, the law punishes those found
it will be infanticide.
guilty of parricide with reclusion perpetua to death, prior to the enactment of
 The spouse must be legitimate. In killing a spouse, there must be a valid
Republic Act No. 9346 (An Act Prohibiting the Imposition of the Death Penalty
subsisting marriage at the time of the killing. Also, the information should
in the Philippines). The commission of parricide is punished more severely than
allege the fact of such valid marriage between the accused and the victim.
homicide since human beings are expected to love and support those who are
 The relationship must be alleged in the information. It is an inherent
closest to them. The extreme response of killing someone of one’s own flesh
aggravating circumstance.
and blood is indeed unnatural and tragic. Tibon must thus be handed down
 A stranger who cooperates in the commission of parricide is not guilty of
the harshest penalty for his crimes against his innocent children.
parricide but only of homicide or murder as the case may be. The rule of
conspiracy that the act of one is the act of all does not apply because of
People vs Roy San Gaspar GR# 180496 April 02, 2014
the personal relationship of the offender to the offended party.
While appellant describes the prosecution’s version of events as “unnatural,
 Notwithstanding the provision of the law which suggests that parricide is
implausible, and contrary to human nature and experience,” the Court finds
essentially a felony committed by means of dolo and is therefor
that it is his story of accidental discharge of the shotgun that is incredulous
punishable by reclusion to death, Article 365 expressly provides that
and unbelievable. Contrary to what appellant wants this Court to believe, a .12
parricide may be committed through reckless imprudence. The penalty
gauge shotgun will not go off unless it is loaded, cocked, and its trigger
will be based under Article 365.
squeezed. To this Court, appellant’s allegation is nothing but a self-serving
 Parricide can be committed by mistake. This is demonstrated in a situation
statement without an ounce of proof or a lick of credibility. Moreover, the
where a person wanting to kill a stranger kills his own father by mistake.
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same does not jive with the result of the autopsy conducted on Imelda’s body.
Although the crime committed is parricide, the offender will not be
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punished under Article 246 but under Article 49 which prescribes a


penalty much lower than that provided in Article 246.

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

Note: Generic, qualifying, inherent aggravating circumstances if not alleged in


the information can in no way be appreciated as an aggravating circumstance JRAA TSN: Ruling is actually dangerous. Remember there was time gap? He
in any event. If proven during trial, it can only serve to increase the civil liability. afforded to go to Tacloban to get a gun. I will not rely on this ruling. Admittedly
there is no hard and fast rule on the concrete definition of “immediately
ARTICLE 247. Death or Physical Injuries Inflicted Under Exceptional thereafter” should be, but if I were you if you are asked in the bar, be
Circumstances. — Any legally married person who, having surprised his spouse contended with the idea that “immediately thereafter” does not mean “in the
in the act of committing sexual intercourse with another person, shall kill any act” probably a continuation or a hot pursuit, but not that of so many hours.
of them or both of them in the act or immediately thereafter, or shall inflict
upon them any serious physical injury, shall suffer the penalty of destierro. 2. SECOND STAGE: Killing Or Infliction Of Serious Physical Injury While In
The Act Of Sexual Intercourse Or Immediately Thereafter.
If he shall inflict upon them physical injuries of any other kind, he shall be The innocent spouse kills or inflicts injury upon the other spouse and paramour
exempt from punishment. or mistress while in the act of sexual intercourse or immediately after
surprising them having sexual intercourse.
These rules shall be applicable, under the same circumstances, to parents with
respect to their daughters under eighteen years of age, and their seducers, “Immediately thereafter”- the accused must kill the unfaithful spouse and the
while the daughters are living with their parents. paramour/mistress while having sexual intercourse or immediately thereafter.
It presupposes no break or interval of time from the time of revelation of the
Any person who shall promote or facilitate the prostitution of his wife or spouse’s infidelity up to the time of killing.
daughter, or shall otherwise have consented to the infidelity of the other
spouse shall not be entitled to the benefits of this article.
JRAA TSN: Act of discovery, escape, pursuit and the killing/inflicting of injury
Elements: must form one continuous act. If there was a break of time between the sexual
1. A legally married person, or a parent, surprises his spouse or his daughter, act and the killing or inflicting of serious physical injuries, the law presupposes
the latter under 18 years of age and living with him, in the act of that the offender regained his reason and therefore Article 247 will not apply.
committing sexual intercourse with another person; As long as the act is continuous, Article 247 may be invoked by the offender.
2. He or she kills any or both of them, or inflicts upon any or both of them
any serious physical injury in the act or immediately thereafter; US vs ALANO
3. He has not promoted or facilitated the prostitution of his wife or daughter, The phrase “immediately thereafter” means that the offender finds the spouse
or that he or she has not consented to the infidelity of the other spouse. in actual sexual intercourse with another, the latter escapes with the offended
spouse in hot pursuit. The offender must inflict serious physical injuries or
Note: There is no crime as Death or PI under exceptional circumstances. cause the killing of the offending parties without interruption or interval.
The phrase “immediately thereafter” has been interpreted to mean that
Article 247 is a Matter of Defense between the surprising and the killing or the inflicting of the physical injury,
This provision is an exculpatory circumstances which may amount to there should be no break of time. In other words, it must be a continuous
exemption from criminal punishment. The accused may be charged with process. The phrase “immediately thereafter” means that the discovery,
Parricide for the death of the spouse and Homicide or Murder as the case may escape, pursuit and the killing must all form parts of one continuous act.
be for the death of the paramour of mistress. The accused may avail of the
beneficial provision as a matter of defense. Difference between 2 stages:
1st 2nd
Note: A person who acts under Article 247 is not committing a crime. Since  It does not admit of any  It becomes immaterial when
this is merely an exempting circumstance, the accused must first be charged situation less than sexual the surprise took place when
with parricide, murder or homicide or homicide through simple negligence or intercourse. the sexual intercourse was
serious physical injuries through reckless imprudence.  Surprise must be at the going on. It is the killing or
moment of sexual congress. If inflicting serious physical
Who are entitled to the beneficial provision: it is just about to take place or injuries while the sexual act,
1. A legally married person who surprises his/her spouse in the act of have just occurred, art. 247 no problem.
committing sexual intercourse with another person and kills both or any cannot be invoked.  But if it was done after the
of them in the act or immediately thereafter;  It must be innocent spouse sexual intercourse, questions:
2. Parents with respect to their daughters under eighteen years of age, and that must be surprised not the 1) Were they surprised during
their seducers, while the daughter are living with their parents. other way around. It should the actual sexual intercourse?
also be the innocent spouse 2) Were they killed immediately
Two Stages of the Crime: who inflicted injury out of his/ thereafter?
1. FIRST STAGE: The Unfaithful Spouse And Paramour/Mistress Are her reaction that the sexual
Surprised While Having Sexual Intercourse intercourse is taking place and
The innocent spouse surprised the other spouse with a paramour or mistress caught them in the act.
in flagrante delicto. They must be in the act of sexual intercourse.  If the surprise occurred after
the sexual intercourse has
Note: Killing (PI) must be the proximate cause of the outrage overwhelming finished and that there is no
the accused upon discovery of spouse’s infidelity. Killing other conclusion but that a
sexual intercourse was had,
People vs Abarca 1987 the article does not apply.
RTC in convicting him of murder therefore erred. Time passed between the
time accused discovered his wife having sex with victim and the time the latter What is the penalty imposable? Destierro.
was shot must be understood to be the continuation of the pursuit of the
victim by the accused-appellant. RPC does not say “instantly” but use the Note:
phrase “immediately thereafter”. It only requires that the death is the  Married minors under 18 years of age are not included in the law.
proximate result of the outrage overwhelming the accused after chancing  As to the parents, this exception can only be invoked when the act
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upon his spouse in the act of infidelity. It must have been actually motivated happened inside their parental home, elsewhere, this exception cannot
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by the same blind impulse and must not be influenced by external factors. be invoked.
Killing must be the direct byproduct of the accused’ rage.

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

 Commission of the crime at the time of preparatory act doesn’t exempt in flagrante delicto; and it must be resorted to only with great caution so much
one liability. so that the law requires that it be inflicted only during the sexual intercourse
 Not limited to husbands, also applies to wives. or immediately thereafter.
 Although sexual interaction is not seen, it is enough that the Having admitted the killing, the accused must now bear the burden of showing
circumstances reasonably show that the carnal act has been committed, the applicability of Article 247. Most critically, Appellant Jimmy Talisic must
e.g. both are naked. JRAA prove that he caught his wife in flagrante delicto; that he killed her while she
 When the offender surprised the other spouse with the paramour or was in the very act of voluntary sexual intercourse with another man or
mistress, the attack must take place while the sexual intercourse was immediately thereafter. Sadly for him, he has miserably failed to do so.
going on. If the surprise was before or after the intercourse, no matter
how immediate it may be, Article 247 does not apply. The offender in this ARTICLE 248. Murder. — Any person who, not falling within the provisions of
situation only gets the benefit of a mitigating circumstance of sufficient article 246 shall kill another, shall be guilty of murder and shall be punished
provocation immediately preceding the act, or passion or obfuscation. byreclusión temporal in its maximum period to death, if committed with any
of the following attendant circumstances:
Who are not entitled
1. Any person who shall promote or facilitate prostitution of his wife or 1. With treachery, taking advantage of superior strength, with the aid of
daughter; armed men, or employing means to weaken the defense or of means or
2. Shall otherwise have consented to the infidelity of the other spouse shall persons to insure or afford impunity.
not be entitled to the benefits of the article. 2. In consideration of a price, reward or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of
People vs Gonzales a vessel, derailment or assault upon a street car or locomotive, fall of an
The privilege granted is conditioned on the requirement that the spouse airship, by means of motor vehicles, or with the use of any other means
surprise the husband or wife in the act committing sexual intercourse with involving great waste and ruin.
another person. In this case, the accused did not surprise his wife in the very 4. On occasion of any of the calamities enumerated in the preceding
act of carnal intercourse but after the act. The wife was in the act of rising up paragraph, or of an earthquake, eruption of a volcano, destructive
and the man was buttoning his drawers; it does not necessarily mean they cyclone, epidemic, or any other public calamity.
were having intercourse. 5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of
People vs Cabalhin the victim, or outraging or scoffing at his person or corpse.
As to the issue on the applicability of Article 247 of the Revised Penal Code to
the case at bench, the principal question is whether not appellant killed his Elements:
wife Marianita and Rolito as he caught them in the act of committing the 1. That a person was killed
sexual act, or immediately thereafter. Clearly in the present case, appellant 2. That the accused killed him
failed to prove that he killed Marianita and Rolito while in the act of sexual 3. That the killing was attended by any of the qualifying circumstances
intercourse or immediately thereafter. Therefore, appellant cannot invoke mentioned in Article 248
Article 247 to be exempt from criminal liability. He is guilty of parricide under 4. The killing is not parricide or infanticide
Article 246 of the Code, which provides that any person who shall kill his or
her spouse shall be punished by the penalty of reclusion perpetua to death. What makes killing murder?
The moment the killing is attended by any qualifying aggravating
People vs Corricor circumstance, the killing is catapulted to the crime of Murder. In both
If death results or PI are serious, there is criminal liability although penalty is Homicide and Murder there is intent to kill. The difference lies in the means,
only destierro. And banishment is intended more for the protection of the methods or forms of attack.
offender rather than penalty. Now if crime committed is less serious or slight
PI there is totally no criminal liability Except for outraging or scoffing at his person or corpse, all the qualifying
circumstances enumerated under Article 248 to upgrade the killing to murder
People vs Trigo 174 S 93 are found under Article 14 which enumerates aggravating circumstances. Not
Appellant also submits that the prosecution did not prove the motive of all the 21 aggravating circumstances under Article 14 will qualify the killing to
appellant for killing his wife. The law is well-settled that motive is relevant only murder. It is limited only to qualifying circumstances enumerated under Article
where the Identity of the person accused of having committed the crime is in 248.
dispute, where there are no eyewitnesses, and where suspicion is likely to fall
upon a number of persons. If what is alleged in the information to qualify the killing to murder is nighttime
The court a quo appreciated in favor of the accused the mitigating then the offender cannot be convicted for murder since it is not mentioned in
circumstance of voluntary surrender. We do not agree with this finding. The Article 248 although it is indubitably an aggravating circumstance in Article 14.
accused himself testified that he went to the police station to report that his The courts should just appreciate nighttime as a generic aggravating
wife was stabbed by Buaco and to seek protection as he feared that Buaco circumstance.
would also stab him. Clearly, his action cannot in any manner be considered as
amounting to voluntary surrender. Kinds of aggravating circumstances:
 Generic
People vs Talisic 278 S 517  Inherent
The accused-appellant admits having killed his wife but insists that he did so  Specific
only after surprising her in the very act of sexual intercourse with another man.  Qualifying
However, he fails to substantiate the stringent elements required by law to
absolve him of criminal responsibility. His defense appears no more than an The information would usually allege several qualifying circumstances. When
amalgam of confusion, contradiction and concoction. all are proven or established during the trial, one is enough o qualify the crime.
An absolutory cause is present "where the act committed is a crime but for In the meantime, the other qualifying circumstances found to be present shall
reasons of public policy and sentiment there is no penalty imposed." Article lose their nature as qualifying circumstance and will reacquire their original
247 is an example of an absolutory cause. Explaining the rationale for this, the nature as generic aggravating circumstances.
Court held: The vindication of a man's honor is justified because of the scandal
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an unfaithful wife creates; the law is strict on this, authorizing as it does, a man For one to be liable for murder, the victim must be killed. The victim must be
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to chastise her, even with death. But killing the errant spouse as a purification killed in order to consummate the offense. Otherwise, if the victim is not killed,
is so severe that it can only be justified when the unfaithful spouse is caught the accused will be liable either in the attempted or frustrated stage

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

crimes against persons, employing means, methods of forms which tend


What are the Qualifying aggravating circumstances? directly and especially to ensure its execution, without risk to the offender,
arising from the defense that the offended party might make.
TREACHERY  Alevosia considered even if:
There is treachery when the offender consciously and deliberately employs 1. The victim was not predetermined but there was a generic intent
means, methods or forms of attack that will ensure the execution of a crime to treacherously kill any first two persons belonging to a class. (The
without risk on the offender arising from the defense to be put up by the same rule obtains for evident premeditation.)
victim. 2. There was aberration ictus and the bullet hit a person different
from the intended. (The rule is different in evident premeditation.)
The essence of treachery is that the offended party was denied a chance to  Treachery can be considered against all offenders when there is
defend himself because the offender devised methods and means in executing conspiracy because the act of one is the act of all.
the crime. It is a matter of whether or not the offended party was denied a  It can be appreciated even if the intended victim is not the one killed.
chance of defending himself. If he was denied the chance, then treachery is  If the killing was preceded by a quarrel or altercation by the parties, there
present. is no treachery because each of the protagonists was put on guard with
impending attack. Each of them is forewarned of an impending attack on
Note: If offender used superior strength and victim was denied a chance to either of them.
defend himself, there is treachery. Treachery must be alleged in the  Murder is a non-bailable offense.
information. BUT if the victim was able to put up successful resistance, there
is no more treachery but the use of superior strength may be alleged and this When must treachery be present?
still qualifies this to murder. People vs Manala August 14, 2002
When the aggression is continuous, treachery must be present in the
The essence of treachery is the sudden and unexpected attack by an aggressor beginning of the assault.
to an unsuspecting victim, depriving the later of any real chance of defending
himself thereby insuring without risk to the aggressor the commission of the People vs Solamillo
crime, or without the slightest provocation on the part of the victim. It lies in Treachery as a qualifying aggravating circumstance is only applicable to crimes
the attack which comes without warning and is swift, deliberate and against persons.
unexpected and affords the hapless and unarmed and unsuspecting victim no
chance to resist or to escape. People vs Mazo
It lies on the outcome which comes without warning and is swift, unexpected,
Two Conditions of Treachery deliberate and affords no time for the unsuspecting victim to resist or exist.
1. That at the time of the attack, the victim was not in a position to defense
himself; and What if the person killed is a minor child and there is no showing that it was
2. The offender consciously adopted the particular means, method or form attended with treachery?
of attack employed by him. People vs Alovera
“the killing of minor children by reason of his tender years could not be
People vs Escarlos 410 S 463 expected to put up a defense and thus considered to be attended by treachery
Two requirements for treachery to apply: even if the manner of attack was shown. Treacher must be appreciated in favor
1. The employment of means of execution that gives the person attacked no of the child even if the manner of attack was not shown that the adult who
opportunity for self-defense or retaliation causes it intended it with treachery.”
2. The deliberate and conscious adoption of the means of execution

People vs Almogera 415 S 647 THAT ADVANTAGE BE TAKEN OF SUPERIOR STRENGTH, OR MEANS BE
The killing of minor children who by reason of their tender years could not be EMPLOYED TO WEAKEN THE DEFENSE
expected to put up a defense is considered attended with treachery even if To deliberately use excessive force that is cut out of proportion to the means
the manner of the attack was not shown. It exists in the commission of the for self-defense available to the person attacked.
crime when the adult person illegally attacked the child of tender years and
causes death on the said minor child. People vs Lobrigas et al. December 17, 2002
However, we do not agree with the trial court that the crime committed was
People vs Dizon 558 S 395 murder qualified by the aggravating circumstance of abuse of superior
Treachery can exist even if the attack is frontal if it is sudden and unexpected. strength. To appreciate abuse of superior strength, there must be a deliberate
intent on the part of the malefactors to take advantage of their greater
Rules when attack is frontal: number. They must have notoriously selected and made use of superior
People vs Alfondre 199 S 64 strength in the commission of the crime. To take advantage of superior
1. If the attack is frontal, there is no treachery if the mode of the attack does strength is to use excessive force that is out of proportion to the means for
not exclude any risk to the offender arising from the defense which the self-defense available to the person attacked; thus, the prosecution must
party attacked may make clearly show the offenders’ deliberate intent to do so.
2. But there is treachery when the attack, although frontal, is sudden and
unexpected There was no clear indication in this case that the accused-appellant and his
3. Even a frontal attack could be treacherous when unexpected and on an companions purposely used their joint efforts to consummate the crime.
unarmed victim who would be in no position to repel the attack or avoid Consequently, the crime committed by accused-appellant was only homicide.
it
People vs Pogo 410 S 62
People vs Pidoy, 2003 and People vs De Guzman 2003 For the aggravating circumstance of abuse of superior strength to be
What is decisive is that the execution of the attack made it impossible for the appreciated, the size, age, and strength of the parties must be considered and
victim to defend himself or to retaliate. there must be a notorious inequality of forces between the victim and the
aggressor, giving the latter a superior strength which is taken advantage of by
Note: him in the commission of the crime. Abuse of superior strength is absorbed in
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 Treachery cannot be presumed. treachery.


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The circumstances surrounding the murder must be proved as indubitably as


the crime itself. There is treachery when the offender commits any of the People vs Delim

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

To take advantage of superior strength means to purposely use force that is Notes:
out of proportion to the means of defense available to the person attacked.  If the use of the fire is to conceal the killing, two separate crimes are
committed: arson and homicide.
People vs Hugo410 S 62  If fire is used as a means to kill, even if property were burned, murder
For the aggravating circumstance of abuse of superior strength to be and not arson is committed. If you used fire to kill someone then it is
appreciated, the size, age, and strength of the parties must considered, there murder. If in the course thereof, other houses were burned, it can only
must be a notorious inequality of forces been the victim and the aggressor, be considered as generic aggravating circumstance.
giving the latter a superiority strength which is taken advantage of by him in  If your purpose is to burn the house but someone was inside, the crime
the commission he crime. Abuse of superior strength is absorbed in treachery. committed is destructive arson.
 If fire was resorted to as a joke but death resulted to it, the crime
People vs Cañaveras G.R. No. 193839, November 27, 2013 committed is homicide because the use of fire must be purposely
Superiority in number does not necessarily amount to the qualifying resorted to in order to kill; it must be resorted to intentionally.
circumstance of taking advantage of superior strength. It must be shown that
the aggressors combined forces in order to secure advantage from their People vs Pugay 167 S 439
superiority in strength. Having taken the can from under the engine of the ferris wheel and holding it
before pouring its contents on the body of the deceased, this accused knew
People vs Charlie Fieldad GR # 196005 that the can contained gasoline. The stinging smell of this flammable liquid
Treachery may also be appreciated even if the victim was warned of the could not have escaped his notice even before pouring the same. Clearly, he
danger to his life where he was defenseless and unable to flee at the time of failed to exercise all the diligence necessary to avoid every undesirable
the infliction of the coup de grace. consequence arising from any act that may be committed by his companions
who at the time were making fun of the deceased. We agree with the Solicitor
No Advantage of superior strength in the following: General that the accused is only guilty of homicide through reckless
1. One who attack another with passion and obfuscation does not take imprudence defined in Article 365 of the Revised Penal Code, as amended.
advantage of his superior strength; With respect to the accused Samson, the Solicitor General in his brief contends
2. When a quarrel arose unexpectedly and the fatal blow was struck at a that "his conviction of murder, is proper considering that his act in setting the
time when the aggressor and his victim were engaged against each other deceased on fire knowing that gasoline had just been poured on him is
as man to man. characterized by treachery as the victim was left completely helpless to defend
and protect himself against such an outrage". We do not agree. There is entire
KILLING WITH THE AID OF PERSON UNDER 15 YEARS OF AGE (Should now read as 15 absence of proof in the record that the accused Samson had some reason to
years of age or below) kill the deceased before the incident. On the contrary, there is adequate
Republic Act No. 9344 evidence showing that his act was merely a part of their fun-making that
evening. For the circumstance of treachery to exist, the attack must be
KILLING BE COMMITTED WITH THE AID OF ARMED MEN deliberate and the culprit employed means, methods, or forms in the
Requisites: execution thereof which tend directly and specially to insure its execution,
1. That the armed men or persons took part in the commission of the crime without risk to himself arising from any defense which the offended party
by directly or indirectly giving aid to the accused; might make. There can be no doubt that the accused Samson knew very well
2. That the accused availed himself of their aid or relied upon them when that the liquid poured on the body of the deceased was gasoline and
the crime was committed. flammable substance for he would not have committed the act of setting the
latter on fire if it were otherwise. Giving him the benefit of doubt, it call be
It is qualifying when the accused knowingly availed of their aid or assistance in conceded that as part of their fun-making he merely intended to set the
the commission of the crime. Otherwise, it is not qualifying aggravating deceased's clothes on fire. His act, however, does not relieve him of criminal
circumstances. responsibility. Burning the clothes of the victim would cause at the very least
some kind of physical injuries on his person, a felony defined in the Revised
KILLING BY MEANS OF MOTOR VEHICLES, MOTORIZED WATERCRAFTS, Penal Code. If his act resulted into a graver offense, as what took place in the
AIRSHIPS OR OTHER “SIMILAR MEANS” instant case, he must be held responsible therefor. Article 4 of the aforesaid
Aggravating when the motor vehicle was purposely used to facilitate the code provides, inter alia, that criminal liability shall be incurred by any person
commission of a crime.  It must be purposely sought for. committing a felony (delito) although the wrongful act done be different from
that which he intended. As no sufficient evidence appears in the record
People vs Castodillo 401 S 723 establishing any qualifying circumstances, the accused Samson is only guilty of
The use of motor vehicle is not aggravating where the use thereof was merely the crime of homicide defined and penalized in Article 249 of the Revised Penal
incidental and was not purposely sought to facilitate the commission of the Code, as amended.
offense or to render the escape of the offender easier and his apprehension
difficult. THE KILLING BE COMMITTED WITH EVIDENT PREMEDITATION
Requisites:
THE KILLING BE COMMITTED IN CONSIDERATION OF A PRICE, REWARD OR 1. The time when the offender determined to commit the crime;
PROMISE 2. Act manifestly indicating the offender had clung to his
This qualifying aggravating circumstance affects not only the person who gave determination; and
the price, reward, or promise but also the person who received it. The person 3. Sufficient lapse of time between such determination and execution.
who induced others to commit the crime for a price, reward, or promise is
liable as principal by inducement and those who committed the crime are THE WRONG DONE IN THE COMMISSION OF THE CRIME BE DELIBERATELY
liable as principal by direct participation. AUGMENDTED BY CAUSING OTHER WRONG NOT NECESSARY FOR ITS
COMMISSION (CRUELTY)
It is indispensable that the inducement made be the primary consideration for This refers to cruelty. The law itself gives the legal definition. Cruelty means
the commission of the crime. the deliberate augmentation of the wrong done is present when the offender
performed other acts with the evident intention to prolong the physical
THE KILLING BE COMMITTED BY MEANS OF INUNDATION, FIRE, POSION, suffering of the victim.
EXPLOSION, STRANDING OF A VESSEL, INTENTIONAL DAMAGE THERETO,
5

DERAILMENT OF A LOCOMOTIVE, FALL OF AN AIRSHIP, OR BY THE USE OF Cruelty includes the situation where the victim is already dead and yet, acts
Page

ANY OTHER ARTIFICE INVOLVIGN GREAT WASTE AND RUIN were committed which would scoff or decry the victim. The crime becomes
murder although the acts done no longer amount to cruelty.

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

They argue that the prosecution should not have included the phrase "wearing
Note: masks and/or other forms of disguise" in the information since they were
 Number of wounds on the corpse is not an indicative of cruelty. There presenting testimonial evidence that not all the accused were wearing masks
must be a showing that the accused, for their pleasure and satisfaction or that their masks fell off.
caused the victim to suffer slowly and painfully and inflicted on him It should be remembered that every aggravating circumstance being alleged
unnecessary physical suffering and moral pain. must be stated in the information. Failure to state an aggravating
 Cruel wounds must be inflicted while the victim is alive circumstance, even if duly proven at trial, will not be appreciated as such. It
was, therefore, incumbent on the prosecution to state the aggravating
BAR QUESTION circumstance of "wearing masks and/or other forms of disguise" in the
 Gagging the mouth of a 4-year old and dumping him into a box covered information in order for all the evidence, introduced to that effect, to be
with sacks causing suffocation and death of the child is cruelty. admissible by the trial court.
 There is also cruelty when the eye of a child is extracted from its socket In criminal cases, disguise is an aggravating circumstance because, like
or when the face and the mouth of a child are burned. nighttime, it allows the accused to remain anonymous and unidentifiable as
he carries out his crimes.
People vs Clamania The introduction of the prosecution of testimonial evidence that tends to
"While in a manner of speaking and in ordinary parlance, it is cruel to inflict prove that the accused were masked but the masks fell off does not prevent
injuries upon a person, the contemplation of the law requires deliberate them from including disguise as an aggravating circumstance. What is
prolongation of such sufferings. Accordingly, it is essential for this important in alleging disguise as an aggravating circumstance is that there was
circumstance to be considered that the accused was alive while the sadistic a concealment of identity by the accused. The inclusion of disguise in the
acts were being committed against him by the accused." ( information was, therefore, enough to sufficiently apprise the accused that in
the commission of the offense they were being charged with, they tried to
ANAL INTERCOURSE WITH A DEAD WOMAN IS OUTRAGING THE CORPSE OF conceal their identity.
THE DEAD It is undisputed that on December 8, 1994, a group of men armed with lead
pipes and baseball bats attacked Dennis Venturina and his companions, which
People vs Butler GR # L-50276, January 27. 1983 resulted in Venturina's death. As correctly found by the trial court and the
The act of the accused in having anal intercourse with the woman after killing appellate court, the offense committed against Dennis Venturina was
her is, undoubtedly an outrage of her corpse. The crime is Murder. committed by a group that took advantage of its superior strength and with
the aid of armed men.
SCOFFING OR DECRYING THE CORPSE OF THE DEAD There is treachery when the offender commits any of the crimes against
persons, employing means, methods, or forms in the execution, which tend
Note: Except outraging or scoffing at his person/corpse, all are found in article directly and specially to insure its execution, without risk to the offender
14 which defines aggravating in general. Not all 21 circumstances in article 14 arising from the defense which the offended party might make. The essence
will not qualify for murder. So if what is alleged in the information to qualify of treachery is that the attack comes without a warning and in a swift,
killing to murder is ‘night time’, then the offender cannot be convicted for deliberate, and unexpected manner, affording the hapless, unarmed, and
murder for the simple reason that ‘night time’ is not one of those unsuspecting victim no chance to resist or escape. For treachery to be
considered, two elements must concur: (1) the employment of means of
Notes: execution that gives the persons attacked no opportunity to defend
If the victim was already dead when the acts of mutilation were being themselves or retaliate; and (2) the means of execution were deliberately or
performed on him, this would also qualify the killing to murder due to scoffing consciously adopted.
or outraging his corpse. The victims in this case were eating lunch on campus. They were not at a place
where they would be reasonably expected to be on guard for any sudden
“Outraging” – means to commit an extremely vicious or deeply insulting act attack by rival fraternity men.
The victims, who were unarmed, were also attacked with lead pipes and
“Scoffing” – means to jeer, and implies a showing of irreverence baseball bats. The only way they could parry the blows was with their arms. In
a situation where they were unnamed and outnumbered, it would be
Simangan vs People July 8, 2004 impossible for them to fight back against the attackers. The attack also
The crime is not aggravated by cruelty simply because the victim sustained 10 happened in less than a minute, which would preclude any possibility of the
stabbed wounds, 3 of which were fatal. For cruelty to considered as an bystanders being able to help them until after the incident.
aggravating circumstance, there must be proof that in inflicting several The swiftness and the suddenness of the attack gave no opportunity for the
stabbed wounds on the victim, the perpetrator intended to exacerbate the victims to retaliate or even to defend themselves. Treachery, therefore, was
pain and suffering of the victim. The number of wounds inflicted on the victim present in this case.
is not proof of cruelty.
RA 9165: DANGEROUS DRUGS ACT
Supreme Court rulings: Will the Probation Law apply to the provisions of RA 9165?
 Killing of a child of tender age Probation will not apply if the accused is convicted of trafficking or selling or
 Evident premeditation is absorbed in the price, reward or promise if transportation. It will apply for possession.
without the premeditation the inductor would not have induced the other
to commit the act, but not with regards to the one induced Section 24. Non-applicability of the Probation Law for drug traffickers and
 Abuse of superior strength is inherent in and comprehended by the pushers. – Any person convicted for drug trafficking or pushing under this Act,
circumstance of treachery or forms part of treachery regardless of the penalty imposed by the Court, cannot avail of the privilege
 Treachery is inherent in poison granted by the Probation Law or Presidential Decree No. 968, as amended.
 For one of the accused who were charged with murder was the wife of
the deceased but her relationship to the deceased was not alleged in the Section 25. Qualifying aggravating circumstances in the commission of a
information, her relationship should be appreciated as aggravating (not crime by an offender under the influence of dangerous drugs. –
correct anymore) Notwithstanding the provisions of any law to the contrary, a positive finding
 Killing of the victims hit by hand grenade thrown at them is murder for the use of dangerous drugs shall be a qualifying aggravating circumstance
qualified by explosion, not by treachery
6

in the commission of a crime by an offender, and the application of the penalty


provided for in the Revised Penal Code shall be applicable.
Page

People vs Feliciano May 5, 2014

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

ARTICLE 249. Homicide. — Any person who, not falling within the provisions How should homicide committed with the use of an unlicensed firearm be
of article 246 shall kill another without the attendance of any of the denominated?
circumstances enumerated in the next preceding article, shall be deemed
guilty of homicide and be punished by reclusion temporal. People vs Castillo February 2000
If a crime of homicide of murder is committed with the use of an unlicensed
Elements: firearm. The crime should be denominated as homicide or murder aggravated
1. A person was killed; by illegal possession of firearm, and not illegal possession of firearm
2. The offender killed him without any justifying circumstances; aggravated by homicide.
3. The offender had the intention to kill; and
4. The killing was not attended by any of the qualifying circumstances of If an unlicensed firearm is used in the killing, there should only be one
murder, or by that of parricide or infanticide. offense filed.

Notes:
Homicide is the unlawful killing of a person not constituting murder, parricide,
or infanticide. It is plain and simple killing. It is not attended by any qualifying  In crimes involving illegal possession of firearms, the prosecution has the
aggravating circumstances under Art. 348 of the RPC. burden of proving the elements thereof.
 The prosecution must prove a negative fact: that the accused is not a
HOW TO DISTINGUISH HOMICIDE FROM PHYSICAL INJURIES: licensed firearm holder. They will get a certificate from the FED certifying
1. In attempted and frustrated homicide there is intent to kill. If the injury that the person who is in possession of the said firearm is not a licensed
inflicted is slight or not mortal, the offender does not perform all the acts holder.
of execution. In other words, if the offender does not inflict a mortal
wound, eh does not perform all the acts of execution. He is liable for Mallari vs CA December 1996
attempted felony. Petitioner claims that even assuming that the handgun and ammunition had
2. If the wound inflicted is serious or mortal, the offender performs all the in fact been found in his possession, the prosecution failed to prove that he
acts of execution. If the victim does not die because of causes had no license therefor and absent this essential element of the crime of illegal
independent of the will of the perpetrator, he is liable for frustrated possession of firearms, it was manifest error for the Court of Appeals to uphold
felony. his conviction.
3. If there is no intent to kill, the crime is Physical injuries. Serious, Less In crimes involving illegal possession of firearm, the prosecution has the
Serious or Slight Physical Injuries as the case may be. burden of proving the elements thereof, viz: (a) the existence of the subject
4. If the injuries were mortal but were due to negligence, the crime firearm and (b) the fact that the accused who owned or possessed it does not
committed is reckless imprudence resulting to physical injuries. have the corresponding license or permit to possess the same. The latter is a
negative fact which constitutes an essential ingredient of the offense of illegal
Notes: possession, and it is the duty of the prosecution not only to allege it but also
 In the crime of homicide, necessarily he victim must die in order to to prove it beyond reasonable doubt. In the case at bench, the testimony of a
consummate the crime. If he does not die, the crime is either in the representative of, or a certification from the PNP (FEU) that petitioner was not
attempted or frustrated stage only. In the attempted or frustrated stage a licensee of the said firearm would have sufficed for the prosecution to prove
of homicide, the offender must have the intent to kill the victim. If there beyond reasonable doubt the second element of the crime of illegal
is no intent to kill them the person will not be liable for homicide, possession. The absence of the foregoing is fatal to the prosecution's case and
attempted or frustrated, but only for physical injuries. renders petitioner's conviction erroneous.
 However, even if there is no intent to kill and death resulted from the
injuries inflicted, the crime if homicide. It cannot be physical injuries Is it necessary to prove the existence of a negative fact if the firearm in
because with respect to the crimes of personal violence, the law looks question is a paltik (homemade gun)?
upon the results of the act of the offender and holds him responsible for People vs Evangelista May 1996
all the consequences of the said act. Intent to kill is conclusively presumed No, indeed accused-appellant cannot be convicted even of simple illegal
when death resulted. Evidence of intent to kill is required only when what possession of firearm because of lack of evidence that the firearm is
is involved is either attempted or frustrated homicide only. unlicensed. The trial court based its decision simply on the fact that the firearm
used in this case is a homemade gun known in the dialect as paltik, apparently
PD 1866 as amended by RA 8294 and RA 10591: ILLEGAL POSSESSION OF being of the opinion that a paltik cannot be licensed. This view was rejected in
FIREARMS People v. Ramos:
We do not agree with the contention of the Solicitor General that since a paltik
Elements of illegal possession of firearms: is a homemade gun, is illegally manufactured as recognized in People vs
1. Possession of the subject firearm Fajardo, and cannot be issued a license or permit, it is no longer necessary to
2. The fact that the accused does not have the corresponding permit or prove that it is unlicensed. This appears to be, at first blush, a very logical
license to own or possess the same proposition. We cannot, however, yield to it because Fajardo did not say that
paltiks can in no case be issued a license or a permit, and that proof that a
Section 29: Use of loose firearm in the commission of a crime. – The use of a firearm is a paltik dispenses with proof that it is unlicensed.
loose firearm, when inherent in the commission of a crime punishable under
the RPC or other special laws, shall be considered as an aggravating People vs Nepomuceno June 1999
circumstance. Pursuant to the amendment, the use of an unlicensed firearm in the
commission of murder or homicide is treated as an aggravating circumstance.
If the violation of this Act is in furtherance of, or incident to, or in connection
Therefore, the illegal possession or use of the unlicensed firearm is no longer
with the crime of rebellion or insurrection, or attempted coup d’etat, such
separately punished. This Court emphatically said so in People v. Bergante,
violation shall be absorbed as an element of the crime of rebellion or
thus: The violation of P.D. No. 1866 should have been punished separately
insurrection, or attempted coup d’etat.
conformably with our ruling in People v. Quijada. Nevertheless, fortunately for
Loose firearm – refers to an unregistered firearm, an obliterated or altered appellant Rex Bergante, P.D. No. 1866 was recently amended by Republic Act
firearm, firearm which has been lost or stolen, illegally manufactured firearms, No. 8294, otherwise known as “An Act Amending the Provisions of Presidential
registered firearms in the possession of a n individual other than the licensee Decree No. 1866, as Amended. The third paragraph of Section 1 of said Act
7

and those with revoked licenses in accordance with the rules and regulations provides that “if homicide or murder is committed with the use of an
unlicensed firearm, such use of an unlicensed firearm shall be considered as
Page

an aggravating circumstance.” In short, only one offense should be punished,

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

viz., either homicide or murder, and the use of the unlicensed firearm should 5. It cannot be ascertained who actually killed the deceased; and
only be considered as an aggravating circumstance. Being favorable to Rex 6. The person or persons who inflicted serious physical injuries can be
Bergante, this provision may be given retroactive effect pursuant to Article 22 identified.
of the Revised Penal Code, he not being a habitual criminal.
Tumultuous affray- means confused and confusing fight between several
People vs Lazaro October 1999 persons not composing groups in the course of which a person is killed or
Accused contends that the prosecution failed to prove the absence of a license wounded and the person responsible cannot be ascertained.
to carry a firearm as the prosecution merely marked in evidence a certification
from the Firearms and Explosive Section in Camp Crame without presenting Notes:
the person who issued the certification himself.  If it can be ascertained who actually killed the deceased, Article 251
On several occasions, the Court has ruled that either the testimony of a cannot apply. What applies is Article 249. If there is a concerted fight, as
representative of, or a certification from, the PNP Firearms and Explosive when two identified groups of men assaulted each other, Article 251 is
Office attesting that a person is not a licensee of any firearm would suffice to also not applicable. It is not necessary that the “someone” referred to by
prove beyond reasonable doubt the second element of possession of illegal law is a participant or part of the group fighting.
firearms.
In view of the amendments introduced by Republic Act 8294 to Presidential Who are liable:
Decree 1866, separate prosecutions for homicide and illegal possession are no 1. The person or person who inflicted the serious physical injuries (“last
longer in order. Instead, illegal possession of firearms is merely to be taken as touch”)
an aggravating circumstance in the homicide case. 2. If it is not known who inflicted the serious physical injuries, all the persons
who used violence upon the person of the victim are liable but with lesser
Is ownership a requisite for the conviction for the illegal possession of firearm? liability
People vs Bergante February 1998
No, the unvarying rule is that ownership is not an essential element of illegal ARTICLE 252. Physical Injuries Inflicted in a Tumultuous Affray. — When in a
possession of firearms and ammunition. What the law requires is merely tumultuous affray as referred to in the preceding article, only serious physical
possession which includes not only actual possession but also constructive injuries are inflicted upon the participants thereof and the person responsible
possession or the subjection of the thing to one’s control and management. therefor cannot be identified, all those who appear to have used violence upon
the person of the offended party shall suffer the penalty next lower in degree
What if the prosecution did not present or offer in evidence the subject firearm than that provided for the physical injuries so inflicted.
in court? Can there still be conviction?
Escalante vs People January 9, 2013 When the physical injuries inflicted are of a less serious nature and the person
Yes, the straightforward and positive testimonies of the prosecution witnesses responsible therefor cannot be identified, all those who appear to have used
on the petitioner’s possession of a firearm and the circumstances surrounding any violence upon the person of the offended party shall be punished
it had amply established the corpus delicti. by arresto from five to fifteen days.

ARTICLE 250. Penalty for Frustrated Parricide, Murder or Homicide. — The People vs Jugueta GR # 202124, April 5, 2016
courts, in view of the facts of the case, may impose upon the person guilty of The prosecution has clearly established the intent to kill on the part of
the frustrated crime of parricide, murder or homicide, defined and penalized appellant as shown by the use of firearms, the words uttered during, as well
in the preceding articles, a penalty lower by one degree than that which should as the manner of, the commission of the crime.
be imposed under the provision of article 50. Elements:
1. There is tumultuous affray;
The courts, considering the facts of the case, may likewise reduce by one 2. A participant suffered serious physical injuries or physical injuries of a less
degree the penalty which under article 51 should be imposed for an attempt serious nature only;
to commit any of such crimes. 3. The person responsible thereof cannot be identified;
4. All those who appear to have used violence upon the person of the
ARTICLE 251. Death Caused in a Tumultuous Affray. — When, while several offended party are known.
persons, not composing groups organized for the common purpose of
assaulting and attacking each other reciprocally, quarrel and assault each The offender cannot be identified or is unknown, the law provides an
other in a confused and tumultuous manner, and in the course of the affray alternative solution to the problem- the authorities may determine the
someone is killed, and it cannot be ascertained who actually killed the identity of those who employed violence to the victim. Once these person are
deceased, but the person or persons who inflicted serious physical injuries can identified, they shall be charged and shall suffer a penalty one degree lower
be identified, such person or persons shall be punished by prisión mayor. that that required for serious physical injuries

If it cannot be determined who inflicted the serious physical injuries on the Article 251 Article 252
deceased, the penalty of prisión correccional in its medium and maximum Death is caused in a tumultuous Only serious physical injuries is
periods shall be imposed upon all those who shall have used violence upon the affray inflicted
person of the victim. The victim need not be one of the The injured party must be one or
participants some of those involved or
participants in the tumultuous
Two instances contemplated:
affray
1. Where death resulted and the person who inflicted serious physical
injuries can be identified
Note: There is no crime of slight physical injuries caused in a tumultuous affray.
2. Where death resulted and those who inflicted serious physical injuries
cannot be identified
ARTICLE 253. Giving Assistance to Suicide. — Any person who shall assist
another to commit suicide shall suffer the penalty of prisión mayor; if such
Elements:
person lends his assistance to another to the extent of doing the killing himself,
1. There are several persons; (at least four persons, Art. 153)
he shall suffer the penalty of reclusión temporal. However, if the suicide is not
2. They do no compose groups organized for the common purpose of
consummated, the penalty of arresto mayor in its medium and maximum
assaulting and attacking each other reciprocally;
periods shall be imposed.
8

3. These several persons quarreled and assaulted one another in a confused


Page

and tumultuous manner; Acts Punishable:


4. Someone was killed in the course of the affray;

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

1. By assisting another to commit suicide, whether the suicide is Infanticide and Abortion
consummated or not.
ARTICLE 255. Infanticide. — The penalty provided for parricide in article 246
This contemplates the giving of assistance by furnishing the person and for murder in article 248 shall be imposed upon any person who shall kill
contemplating suicide with the means in which to kill himself. any child less than three days of age.
This includes giving positing aid and suggesting the mode by which to commit
suicide. If the crime penalized in this article be committed by the mother of the child
for the purpose of concealing her dishonor, she shall suffer the penalty
2. By lending his assistance to another to commit suicide to the extent of of prisión correccional in its medium and maximum periods, and if said crime
doing the killing himself. be committed for the same purpose by the maternal grandparents or either of
them, the penalty shall be prisión mayor.
Note: If another person does the killing himself out of pity the crime is still
Giving assistance to suicide but the penalty to be imposed is reclusion Infanticide is killing of any child less than 3 days of age, whether the killer is
temporal, the penalty for homicide. the parent or the grandparents, any other relative of the child, or a stranger.

Euthanasia or mercy killing is covered by this article. It punishes anyone who Elements:
shall assist a person who desires to die by doing the killing himself. 1. A child was killer by the accused;
2. The deceased child was less than 72 hours old.
Note: Committing suicide is not a crime.
This crime is based on the age of the child. The child should be less than 3 days
ARTICLE 254. Discharge of Firearms. — Any person who shall shoot at another old. If the child is exactly 3 days old, the crime is Murder with the qualifying
with any firearm shall suffer the penalty of prisión correccional in its minimum aggravating circumstance of treachery. The child is not in a position to defend
and medium periods, unless the facts of the case are such that the act can be himself.
held to constitute frustrated or attempted parricide, murder, homicide or any
other crime for which a higher penalty is prescribed by any of the articles of MOTHER STRANGERS
this Code. THREE DAYS OLD AND Parricide; the fact of Murder; it cannot be
ABOVE concealment of dishonor parricide because he is
Elements: will not mitigate the not related to the child
1. The offender discharges a firearm against or at another person; criminal liability because
it is not considered in the
2. The offender had no intention to kill that person. crime of parricide

Act Punishable: LESS THAN THREE Infanticide; concealment Infanticide because it is


The act punishable is shooting at another person without intent to kill. DAYS OF AGE of dishonor as a motive of not predicated on the
the mother can be relation of the offender
Notes: considered as a to the offended party but
 There must be absolutely no intent on the part of the offender to kill the mitigating circumstance on the age of the child
offended party. Absence of such intent can be shown or demonstrated
from the range or distance at which the gun is fired.
 The purpose is to intimidate or frighten the offended party only. If there
is intent to kill, then the person is liable for attempted homicide or Notes:
murder.  If the child is abandoned without any intent to kill and death results as a
 There can be a complex crime of illegal discharge of firearm with serious consequence, the crime if not infanticide but it is abandonment under
or less serious physical injuries. Article 276 (under 7 years of age, custody is incumbent upon her).
 The phrase “shall shoot at another” means that it should be aimed  If the purpose of the mother is to conceal her dishonor, infanticide
towards a particular person. The crime is not committed if it is not through imprudence is not committed because the purpose of
directed to the person of the victim such as his house. This crime may concealing the dishonor is incompatible with the absence of malice in
not be committed through imprudence because the law requires that the culpable felonies.
discharge must be directed at another.  When the offender is the father, mother or legitimate ascendant, he/she
shall suffer the penalty for parricide. If the offender is any other person,
the penalty is that for murder. In either case, the proper qualification for
ILLEGAL DISCHARGE ATTEMPTED ALARM AND
the offense is infanticide. Even if the killer is the mother or father or
OF FIREARM HOMICIDE SCANDAL
If a person fires his gun at If a person fires his gun at If a person fires his gun in
legitimate grandparents, the crime is still infanticide and not parricide
another without intent to another person with a public place causing but the penalty if that for parricide.
kill. intent to kill but does not alarm or danger.
inflict a mortal or serious PARRICIDE INFANTICIDE
wound. The age of the child should be 3 The age of the child is less than 3
days and above. days.
Escalante vs People January 9, 2014 This can be committed if the victim The offender may or may not be
Issue: Can the accused be convicted in a case of illegal possession of firearms and the offender are related by related to the child.
even if the firearm was not presented as evidence in court? blood.
Concealment of dishonor is
YES. The straightforward and positive testimonies of the prosecution’s mitigating.
witnesses on the accused firearm and surrounding circumstances establish the
corpus delecti. The corpus delecti is not limited to the existence of the firearm Notes:
itself. It is the whole thing. Even if the firearm was not presented in court  A child died due to being abandoned is not infanticide, but a commission
nevertheless it does not prevent the court from convicting the accused for as of the crime of Abandonment of a minor under Article 276 of the RPC.
long as there is a positive testimony by the prosecution’s witnesses on the  There is no infanticide if the child is still-born.
accused firearm and the circumstances surrounding it.
9

 If the mother is a CSW, she cannot invoke concealing of dishonor as a


mitigating circumstance because she has no more honor to conceal. The
Page

SECTION TWO mother must be of good reputation.

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

4. As a result of the violence, the fetus dies, either in the womb or after
ARTICLE 256. Intentional Abortion. — Any person who shall intentionally having been expelled therefrom.
cause an abortion shall suffer:
Unintentional abortion requires that physical violence must be inflicted
1. The penalty of reclusión temporal, if he shall use any violence upon the deliberately upon the pregnant woman. It is not material that the offender
person of the pregnant woman. knows that the woman is pregnant or not.
2. The penalty of prisión mayor if, without using violence, he shall act
without the consent of the woman. Notes:
3. The penalty of prisión correccional in its medium and maximum periods,  A pregnant woman committing suicide is not liable for unintentional
if the woman shall have consented. abortion because the force or violence that causes the abortion must
come from another person and not from the pregnant woman.
Three ways of Committing:  Mere intimidation is not enough unless the degree of intimidation
1. By using violence upon the pregnant woman; already approximates violence. While there is no intention on the part of
2. Without using violence but acting without the consent of the woman; the accused to cause an abortion, nonetheless the violence that he
3. Causing abortion with the consent of the woman. employs on the pregnant woman must be intentional. In other words,
only the abortion is unintended.
Acts Punishable:
1. Using any violence upon the person of the pregnant woman; Can unintentional abortion be committed through negligence?
2. Acting, but without using violence, without the consent of the woman. (By Yes. Unintentional abortion can be committed through negligence. The culpa
administering drugs or beverages upon such pregnant woman without her lies not in the aspect of abortion but on the violence inflicted on the pregnant
consent) woman. Thus, there can be a crime of Reckless Imprudence resulting in
3. Acting (by administering drugs or beverages), with the consent of the Unintentional Abortion.
pregnant woman.
If an abortive drug (prohibited or regulated drug) is used in an abortion, and
Elements: as a consequence the woman died, what are the crimes committed?
1. There is a pregnant woman;  There can be a complex crime of homicide or parricide with unintentional
2. Violence is exerted, or drugs or beverages administered, or that the abortion.
accused otherwise acts upon such pregnant woman;  For unintentional abortion to be committed, the accused must have
3. As a result of the use of violence or drugs or beverages upon her, or any known of the pregnancy.
other act of the accused, the fetus dies, either in the womb or after having
been expelled therefrom; and ARTICLE 258. Abortion Practiced by the Woman Herself or by Her Parents. —
4. The abortion is intended. The penalty of prisión correccional in its medium and maximum periods shall
be imposed upon a woman who shall practice an abortion upon herself or shall
Note: consent that any other person should do so.
 If the pregnant woman consents, the liability is lower. The pregnant
woman who consented is liable under Article 258, consented abortion. Any woman who shall commit this offense to conceal her dishonor, shall suffer
 Abortion is not a crime against the woman but against the fetus. the penalty of prisión correccional in its minimum and medium periods.
 If the mother, as a consequence of the abortion, suffers death or physical
injuries, then there is the complex crime of murder or physical injuries and If this crime be committed by the parents of the pregnant woman or either of
abortion. them, and they act with the consent of said woman for the purpose of
 If the fetus survives in spite of the attempt to kill it, abortion is not concealing her dishonor, the offenders shall suffer the penalty of prisión
consummated. correccional in its medium and maximum periods.
 In intentional abortion, the offender should know that the woman is
pregnant because the very intention is to cause an abortion. Elements:
 Impossible crimes can be committed only if there is no other crime 1. There is a pregnant woman who has suffered an abortion;
committed. 2. The abortion is intended;
 If the woman turns out not to be pregnant and someone performs an 3. Abortion is caused by-
abortion upon her, the one who performed the abortion will be liable for a. The pregnant woman herself;
the impossible crime if the woman suffer no physical injury. If she dies, b. Any other person, with her consent; or
the crime will be homicide or if only injuries is sustained then the offender c. Any of her parents, with her consent for the purpose of concealing
will be liable for serious physical injuries. her dishonor.

What Crime is Committed if the Fetus had an Intrauterine Life of less than 7 This article talks about consented abortion. There is no violence exerted by a
mos? third person.
Under the Civil Code of the Philippines, if the fetus had an intrauterine life of
less than 7mos, it will only be considered born if it shall survive within 24 hours If the abortion is resorted to by the pregnant woman to conceal her dishonor,
after the umbilical cord is cut. If the fetus would be killed within the 24-hour the penalty is lower. If the abortion is caused by the woman’s parents or either
period there is a need to determine if the fetus would have died just the same of them for the purpose of concealing the girl’s dishonor, the penalty imposed
or it would have survived had it not been killed. upon the parents will be the same as if the abortion was done by any other
person. There is no mitigation for the parents of the pregnant woman, unlike
ARTICLE 257. Unintentional Abortion. — The penalty of prisión correccional in in infanticide.
its minimum and medium period shall be imposed upon any person who shall If the fetus was viable and can live If the fetus was not viable or could not
cause an abortion by violence, but unintentionally. independently of the mother upon the have survived independent of the
cutting of the umbilical cord, the crime is maternal womb upon severance of the
INFANTICIDE because the fetus is umbilical cord, the crime is ABORTION
Elements:
already regarded a person capable of because the person is not yet considered
1. There is a pregnant woman;
10

living. a person.
2. Violence is used upon such pregnant woman without intending an
abortion;
ARTICLE 259. Abortion Practiced by a Physician or Midwife and Dispensing of
Page

3. The violence is intentionally exerted; and


Abortives. — The penalties provided in article 256 shall be imposed in its

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

maximum period, respectively, upon any physician or midwife who, taking In any other case, the combatants shall suffer the penalty of arresto mayor,
advantage of their scientific knowledge or skill, shall cause an abortion or assist although no physical injuries have been inflicted.
in causing the same.
Any pharmacist who, without the proper prescription from a physician, shall The seconds shall in all events be punished as accomplices.
dispense any abortive shall suffer arresto mayor and a fine not exceeding
1,000 pesos. ARTICLE 261. Challenging to a Duel. — The penalty of prisión correccional in
its minimum period shall be imposed upon any person who shall challenge
Elements: another, or incite another to give or accept a challenge to a duel, or shall scoff
1. There is a pregnant woman who has suffered an abortion; at or decry another publicly for having refused to accept a challenge to fight a
2. The abortion is intended; duel.
3. Offender, who must be a physician or midwife, caused or assisted in
causing the abortion; CHAPTER TWO
4. Said physician or midwife took advantage of his or her scientific Physical Injuries
knowledge or skill.
ARTICLE 262. Mutilation. — The penalty of reclusión temporal to reclusión
Who may commit this Crime under this Article? Physician, midwife, and a perpetua shall be imposed upon any person who shall intentionally mutilate
pharmacist. another by depriving him, either totally or partially, of some essential organ
for reproduction.
THERAPEUTIC ABORTION- it is an abortion caused by a physician to save the Any other intentional mutilation shall be punished by prisión mayor in its
life of a mother. The physician is not criminally liable. This is a justifying medium and maximum periods.
circumstance.
Mutilation – the lopping or the clipping off of some part of the body;
Notes: mutilation includes any part of the human body which is not susceptible to
 It is not necessary that the pharmacist knew that the abortive pill will be grow again, and not only the reproductive organ
used to cause an abortion. What is punished is the act of dispensing an
abortive pill without the proper prescription. It is not necessary that the Two Kinds of Mutilation:
abortive pill be actually used. 1. Intentionally mutilating another by depriving him, either totally or
 If the pharmacist knew that the abortive pill will be used to cause an partially, of some essential organs for reproduction.
abortion and abortion results, he will be liable as an accomplice.
 If the abortion is produced by the physician to save the life of the mother, The castration must be made purposely otherwise it will only be considered
then there is no liability. This is called therapeutic abortion. There must as mutilation of the second kind.
be no other practical or less harmful means of saving the life of the
mother to make the killing justified. 2. Intentionally mutilating any other part of the body other than the
 Abortion without medical necessity to warrant it is punishable even with essential organs for reproduction.
the consent of the woman or her husband.
 Unintentional abortion through negligence or imprudence is committed The intent to deliberately cut off the particular part of the body that was
when a sick pregnant woman is administered a medicine by the doctor, removed from the offended party must be established. If there is no intent to
which resulted to abortion. deprive the victim of particular part of the body the crime will only be serious
physical injuries.
RA 4729: Pharmaceutical Law
Notes:
An Act to Regulate The Sale, Dispensation, and/or Distribution Of  Mutilation does not pertain to lopping or clipping off of reproductive
Contraceptive Drugs And Devices organs only.
 The mutilation must be deliberate or intentional. If the mutilation was not
Section 1. It shall be unlawful for any person, partnership, or corporation, to intentional the crime committed is SERIOUS PHSYICAL INJURIES under
sell, dispense or otherwise distribute whether for or without consideration, Article 263.
any contraceptive drug or device, unless such sale, dispensation or distribution  If what was cut off was a reproductive organ, the penalty is higher than
is by a duly licensed drug store or pharmaceutical company and with the that for homicide.
prescription of a qualified medical practitioner.  This cannot be committed through criminal negligence or culpa.

Section 2. For the purpose of this Act: (a) “Contraceptive drug” is any medicine, Elements:
drug, chemical, or portion which is used exclusively for the purpose of 1. There be a castration, that is, mutilation of organs necessary for
preventing fertilization of the female ovum: and generation, such as the penis or ovarium;
2. The mutilation is caused purposely and deliberately, that is, to deprive the
(b) “Contraceptive device” is any instrument, device, material, or agent offended party of some essential organ for reproduction.
introduced into the female reproductive system for the primary purpose of 3. Intentionally making other mutilation, that is, by lopping or clipping off
preventing conception. any part of the body of the offended party, other than the essential organ
for reproduction, to deprive him of that part of his body.
Section 3. Any person, partnership, or corporation, violating the provisions of
this Act shall be punished with a fine of not more than five hundred pesos or
ARTICLE 263. Serious Physical Injuries. — Any person who shall wound, beat,
an imprisonment of not less than six months or more than one year or both in
or assault another, shall be guilty of the crime of serious physical injuries and
the discretion of the Court.
shall suffer:
SECTION THREE
1. The penalty of prisión mayor, if in consequence of the physical injuries
Duel
inflicted, the injured person shall become insane, imbecile, impotent, or
ARTICLE 260. Responsibility of Participants in a Duel. — The penalty blind;
of reclusión temporal shall be imposed upon any person who shall kill his
11

2. The penalty of prisión correccional in its medium and maximum periods,


adversary in a duel. if in consequence of the physical injuries inflicted, the person injured
shall have lost the use of speech or the power to hear or to smell, or shall
Page

If he shall inflict upon the latter physical injuries only, he shall suffer the
have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use
penalty provided therefor, according to their nature.

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

of any such member, or shall have become incapacitated for the work in inflicted and when it healed, it left an ugly scar, it is not considered a deformity
which he was theretofore habitually engaged; because the scar is concealed.
3. The penalty of prisión correccional in its minimum and medium periods,
if in consequence of the physical injuries inflicted, the person injured While the law does not mention medical attendance as a requisite in
shall have become deformed, or shall have lost any other part of his determining the extent of the suffering of the victim in order to characterize
body, or shall have lost the use thereof, or shall have been ill or the injury as serious physical injury, such a omission is significantly important
incapacitated for the performance of the work in which he was habitually as the law in the meantime requires that the illness must be for a period of
engaged for a period of more than ninety days; more than 30 days which fact is more often evidenced by the medical
4. The penalty of arresto mayor in its maximum period to prisión certificate.
correccional in its minimum period, if the physical injuries inflicted shall
have caused the illness or incapacity for labor of the injured person for Qualified serious physical injuries – refers to the infliction of serious physical
more than thirty days. injuries on any of the persons enumerated in the article defining parricide, or
with attendance of any of the circumstances mentioned in the article defining
If the offense shall have been committed against any of the persons murder, and where the law provide for the imposition of higher penalties
enumerated in article 246, or with attendance of any of the circumstances
mentioned in article 248, the case covered by subdivision number 1 of this RA 8049: The Anti- Hazing Law
article shall be punished by reclusión temporal in its medium and maximum
periods; the case covered by subdivision number 2 by prisión correccional in Section 1. Definition of hazing + what is not considered hazing
its maximum period to prisión mayor in its minimum period; the case covered Section 2. Requisites before hazing or initiation rites be allowed
by subdivision number 3 by prisión correccional in its medium and maximum Section 3. Duty of the head of the school or organization
periods; and the case covered by subdivision number 4 by prisión Section 4. Who are liable for hazing + qualified hazing and penalties
correccional in its minimum and medium periods.
What do you understand about hazing?
The provisions of the preceding paragraph shall not be applicable to a parent This is an initiation rite or practice as a prerequisite for admission into
who shall inflict physical injuries upon his child by excessive chastisement. membership in a fraternity, sorority or organization by placing the recruit,
neophyte or applicant in some embarrassing or humiliating situations such as
How committed? forcing him to do menial, silly, foolish and other similar tasks or activities or
1. By wounding; otherwise subjecting him to physical or psychological suffering or injury.
2. By beating;
3. By assaulting; or JRAA TSN: Hazing is not entirely prohibited. It may be allowed subject to the
4. By administering injurious substance. compliance with the requirements of a “prior written notice to the school
authorities or head of organization seven (7) days before the conduct of such
What are considered Serious Physical Injuries? initiation.”
1. When the injured person becomes insane, imbecile, impotent or blind in What kind of hazing is that? Simple lang, initiation.
consequence of the physical injuries inflicted. The law is violated when the person subjected to hazing or other forms of
2. When the injured person- initiation rites suffers any physical injury or dies as a result thereof.
a. Loses the use of speech or the power to hear or to smell, or loses an [Read provisions provided earlier to answer the FF questions]
eye, a hand, a foot, an arm, or a leg;
b. Loses the use of any such member; or Who are liable?
c. Becomes incapacitated for the work in which he was therefore What is the liability of the owner of the house where the hazing was done?
habitually engaged, in consequence of the physical injuries inflicted; The parents may also be held liable if they have actual knowledge but failed to
3. When the person injured: prevent the same from occurring.
a. Becomes deformed; or What about the school authorities?
b. Loses any other member of his body; or What about the officers, former officers, etc. can they be liable even if they
c. Loses the use thereof; or were absent during the hazing?
d. Becomes ill or incapacitated for the performance of the work in which Can you be entitled to mitigating circumstance? No mitigating circumstance of
he was habitually engaged for more than 90 days in consequence of “no intention to commit so grave a wrong”. SC recognizes the MALUM
the physical injuries inflicted; PROHIBITUM character of hazing.
4. When the injured person becomes ill or incapacitated for labor for more
than 30 days (but must not be more than 90 days), as a result of the Villa vs Lorenzo February 1, 2012
physical injuries inflicted. The public outrage over the death of Leonardo "Lenny" Villa – the victim in this
case – on 10 February 1991 led to a very strong cor to put an end to hazing.
Notes: Due in large part to the brave efforts of his mother, petitioner Gerarda Villa,
 There must be no intent to kill.  If there is intent to kill, the offender groups were organized, condemning his senseless and tragic death. This
commits attempted or frustrated felony, depending if what was inflicted widespread condemnation prompted Congress to enact a special law, which
is a mortal wound. became effective in 1995, that would criminalize hazing. The intent of the law
 In Serious physical injuries and less serious physical injuries, you do not was to discourage members from making hazing a requirement for joining
consider the period of medical treatment. You consider only the period their sorority, fraternity, organization, or association. Moreover, the law was
during which the victim is incapacitated for labor. Thus, if the victim is meant to counteract the exculpatory implications of "consent" and "initial
incapacitated for labor for more than 30 days, the injury is considered innocent act" in the conduct of initiation rites by making the mere act of hazing
serious. punishable or mala prohibita.
 If the offender party is incapacitated for work for less than 30 days but In order to be found guilty of any of the felonious acts under Articles 262 to
the medical treatment continued for more than a year, the physical 266 of the Revised Penal Code, the employment of physical injuries must be
injuries are considered only as less serious physical injuries because for coupled with dolus malus. As an act that is mala in se, the existence of
purposes of classifying the injury as serious, consider only the period for malicious intent is fundamental, since injury arises from the mental state of
incapacity for work and not the period of treatment. the wrongdoer – iniuria ex affectu facientis consistat. If there is no criminal
12

intent, the accused cannot be found guilty of an intentional felony. Thus, in


Deformity refers to ugliness which should be conspicuous or visible. If the
case of physical injuries under the Revised Penal Code, there must be a specific
deformity is hidden concealed it cannot be considered as ugly. Thus, if a person
Page

animus iniuriandi or malicious intention to do wrong against the physical


beat another in his buttocks and as a result a wide or gaping wound was
integrity or well-being of a person, so as to incapacitate and deprive the victim

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

of certain bodily functions. Without proof beyond reasonable doubt of the ARTICLE 264. Administering Injurious Substances or Beverages. — The
required animus iniuriandi, the overt act of inflicting physical injuries per se penalties established by the next preceding article shall be applicable in the
merely satisfies the elements of freedom and intelligence in an intentional respective cases to any person who, without intent to kill, shall inflict upon
felony. The commission of the act does not, in itself, make a man guilty unless another any serious physical injury, by knowingly administering to him any
his intentions are. injurious substances or beverages or by taking advantage of his weakness of
Based on the foregoing contextual background, and absent further proof mind or credulity.
showing clear malicious intent, we are constrained to rule that the specific
animus iniuriandi was not present in this case. Even if the specific acts of Elements:
punching, kicking, paddling, and other modes of inflicting physical pain were 1. The offender inflicted upon another any serious physical injury;
done voluntarily, freely, and with intelligence, thereby satisfying the elements 2. It was done by knowingly administering to him any injurious substance or
of freedom and intelligence the felony of physical injuries, the fundamental beverage or by taking advantage of his weakness of mind or credulity;
ingredient of criminal intent was not proven beyond reasonable doubt. On the 3. He had no intent to kill.
contrary, all that was proven was that the acts were done pursuant to
tradition. Although the additional "rounds" on the second night were held This article does not deal with a crime. It refers to a means of committing
upon the insistence of Villareal and Dizon, the initiations were officially serious physical injuries. The offender must have no intention to kill the victim
reopened with the consent of the head of the initiation rites; and the accused because if he has such intention, the crime may be considered as frustrated
fraternity members still participated in the rituals, including the paddling, murder.
which were performed pursuant to tradition. Other than the paddle, no other
"weapon" was used to inflict injuries on Lenny. The targeted body parts were “To administer” – means to direct or cause said substance or beverage to be
predominantly the legs and the arms. The designation of roles, including the taken orally by the injured person who suffers serious physical injuries as a
role of auxiliaries, which were assigned for the specific purpose of lending result
assistance to and taking care of the neophytes during the initiation rites,
Notes:
further belied the presence of malicious intent. All those who wished to join
the fraternity went through the same process of "traditional" initiation; there  If the offender did not know the injurious nature of the substances he
administered, he is not liable under this article.
is no proof that Lenny Villa was specifically targeted or given a different
 It does not apply when the physical injuries that result are less serious or
treatment. We stress that Congress itself recognized that hazing is uniquely
slight.
different from common crimes. The totality of the circumstances must
therefore be taken into consideration.
Thus, having in mind the potential conflict between the proposed law and the ARTICLE 265. Less Serious Physical Injuries. — Any person who shall inflict
core principle of mala in se adhered to under the Revised Penal Code, Congress upon another physical injuries not described in the preceding articles, but
did not simply enact an amendment thereto. Instead, it created a special law which shall incapacitate the offended party for labor for ten days or more, or
on hazing, founded upon the principle of mala prohibita. This dilemma faced shall require medical attendance for the same period, shall be guilty of less
by Congress is further proof of how the nature of hazing – unique as against serious physical injuries and shall suffer the penalty of arresto mayor.
typical crimes – cast a cloud of doubt on whether society considered the act
Whenever less serious physical injuries shall have been inflicted with the
as an inherently wrong conduct or mala in se at the time. It is safe to presume
manifest intent to insult or offend the injured person, or under circumstances
that Lenny’s parents would not have consented to his participation in Aquila
adding ignominy to the offense, in addition to the penalty of arresto mayor, a
Fraternity’s initiation rites if the practice of hazing were considered by them
fine not exceeding 500 pesos shall be imposed.
as mala in se.
For the foregoing reasons, and as a matter of law, the Court is constrained to Any less serious physical injuries inflicted upon the offender's parents,
rule against the trial court’s finding of malicious intent to inflict physical ascendants, guardians, curators, teachers, or persons of rank, or persons in
injuries on Lenny Villa, there being no proof beyond reasonable doubt of the authority, shall be punished by prisión correccional in its minimum and
existence of malicious intent to inflict physical injuries or animus iniuriandi as medium periods, provided that, in the case of persons in authority, the deed
required in mala in se cases, considering the contextual background of his does not constitute the crime of assault upon such persons.
death, the unique nature of hazing, and absent a law prohibiting hazing. The
accused fraternity members are guilty of reckless imprudence resulting in What can be considered as less Serious Physical Injuries?
homicide. 1. The offender party is incapacitated for labor for 10 days or more but not
more than 30 days, or needs medical attendance for the same period of
Organizations include any club or AFP, PNP, PMA or officer or cadet corps of time.
the CMT or CAT. 2. The physical injuries must not be those described in the preceding
Dungo & Sibal vs People GR # 209464 articles.
“Hazing has been a phenomenon that has beleaguered the country’s
educational institutions and communities. News of young men beaten to What if the injuries do not require medical attendance nor incapacitate the
death as part of fraternities’ violent initiation rites supposedly to seal fraternal offended party what crime is committed? Only slight physical injuries is
bond has sent disturbing waves to lawmakers. Hence, R.A. No. 8049 was committed.
signed into to law on June 7, 1995. Doubts on the effectiveness of the law were
raised. The court, however, scrutinized its provisions and it is convinced that Qualifying circumstances:
the law is rigorous in penalizing the crime of hazing. 1. Manifest intend to insult or offend the injured party
2. Circumstances adding ignominy to the offense
“The Court agrees with the OSG that the “planned initiation rite” as stated in 3. When the victim is the offender’s parents, ascendants, guardians, curators
the information included the act of inducing Villanueva to attend it. In ordinary or teachers, or persons of rank or persons in authority, provided the crime
parlance, a planned event can be understood to have different phases. is not direct assault
Likewise, the hazing activity had different stages and the perpetrators had
different roles therein, not solely inflicting physical injury to the neophyte. One ARTICLE 266. Slight Physical Injuries and Maltreatment. — The crime of slight
of the roles of the petitioners in the hazing activity was to induce Villanueva to physical injuries shall be punished:
be present. Dungo and Sibal not only induced Villanueva to be present at the
resort, but they actually brought him there. They fulfilled their roles in the 1. By arresto menor when the offender has inflicted physical injuries which
13

planned hazing rite which eventually led to the death of Villanueva. The hazing shall incapacitate the offended party for labor from one to nine days, or shall
would not have been accomplished were it not for the acts of the petitioners require medical attendance during the same period.
Page

that induced the victim to be present.” (

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

2. By arresto menor or a fine not exceeding 200 pesos and censure when the anger in enforcing the intended punishment. A deviation will undoubtedly
offender has caused physical injuries which do not prevent the offended party result in sadism.
from engaging in his habitual work nor require medical attendance.
3. By arresto menor in its minimum period or a fine not exceeding 50 pesos When you slap a person, there are instances when slapping the victim is
when the offender shall ill-treat another by deed without causing any injury. considered as slander by deed.

Slander by deed – a crime committed when a person publicly subjects another


What are the three kinds of Slight Physical Injuries? to an act intended or calculated to cast dishonor, discredit or contempt upon
1. Physical injuries which incapacitated the offended party labor from one to the latter. Absent the intent to cast dishonor, discredit, contempt, or insult to
nine days, or required medical attendance during the same period; the offended party, the crime is only maltreatment under Article 266
2. Physical injuries which did not prevent the offended party from engaging Paragraph 3 where by deed, an offender maltreats other without causing any
in his habitual work or which did not require medical attendance; and injury.
3. Ill treatment of another by deed without causing any injury. This is known
as Maltreatment. REPUBLIC ACT NO. 7610
The crime of maltreatment is a form of slight physical injuries. While the term SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION
is included in indentifying the forms of slight physical injuries, the law however AND DISCRIMINATION ACT, in relation to Murder, Mutilation or Injuries to
failed to define what it is all about. Under the principle of ejusdem generis, it a child.
must be another form of ill-treatment. An example of maltreatment would be
the slapping of the victim’s face which does not produce any injury. It can also The last paragraph of Article VI, of RA 7610, provides:
constitute slander by deed covered by a different article, if the purpose is to
humiliate or cause dishonor to the person. “For purposes of this Act, the penalty for commission of acts
punishable under Articles 248, 249, 262(2) and 263(1) of Act No.
Physical injuries is a crime of result. While technically it is a material crime 3815, as amended of the Revised Penal Code for the crimes of
since it is divided in three categories, nonetheless, upon reaching such stage it murder, homicide, other intentional mutilation, and serious
cannot be further divided as to constitute as attempted or frustrated physical physical injuries, respectively, shall be reclusion perpetua when the
injuries. It is one of those considered as a formal crime; it can only be victim is under twelve years of age”
committed in its consummated stage.
People vs Ganohon 196 S 431
If there is no proof as to the period of the offended party’s incapacity for labor The provisions Republic Act No. 7610 modified the provisions of the Revised
or of the required medical attendance, the crime would only be slight physical Penal Code in so far as the victim of the felonies referred to is under 12 years
injuries. Sometimes the prosecutor would still require one to present a of age. The clear intention is to punish the said crimes with a higher penalty
medical certificate since it contains a healing period as stated by the examining when the victim is a child of tender age. Article 249 of Code which defines and
physician. penalizes the crime of homicide is not applicable if the victim is under 12 years
of age. Killing of child under 12 is murder, not homicide, because the victim is
Notes:
under no position to defend himself.
 Incapacity for labor from 1 to 9 days or medical attendance from 1 to 9
days- SLIGHT PHYSICAL INJURIES.
Olivarez vs CA July 29, 2005
 Incapacity for labor for 10 days to 30 days or medical attendance for 10
The elements of sexual abuse under Section 5, Article III of R.A. 7610 are as
days to 30 days- LESS SERIOUS PHYSICAL INJURIES.
follows:
 Incapacity for labor for more than 30 days- SERIOUS PHYSICAL INJURIES
1. The accused commits the act of sexual intercourse or lascivious conduct.
People vs Fortich 281 S 600 2. The said act is performed with a child exploited in prostitution or
The asportation by appellants of the personal properties was done by means subjected to other sexual abuse.
of violence against or intimidation upon the persons of Imperio and Tumang. 3. The child, whether male or female, is below 18 years of age.
It appears further that Imperio suffered cranial injury which allegedly required Section 32, Article XIII, of the Implementing Rules and Regulations of R.A. 7610
three stitches to repair. Inasmuch as the doctor who issued the medical defines lascivious conduct as follows:
certificate did not testify thereon, said certificate is hearsay evidence as to the The intentional touching, either directly or through clothing, of the genitalia,
nature of the injuries inflicted and, therefore, inadmissible in evidence. In anus, groin, breast, inner thigh, or buttocks, or the introduction of any object
People v. Pesena, it was ruled that when there is no evidence of actual into the genitalia, anus or mouth, of any person, whether of the same or
incapacity of the offended party for labor or of the required medical opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or
attendance, it is only slight physical injuries. gratify the sexual desire of any person, bestiality, masturbation, lascivious
exhibition of the genitals or pubic area of a person. The first element obtains
People vs Sales October 3, 2011 in this case. It was established beyond reasonable doubt that petitioner kissed
A and B, sons of X, were beaten with a stick of wood and tied to a coconut tree. Cristina and touched her breasts with lewd designs as inferred from the nature
A sustained injuries while B lost consciousness and slipped from the tree and of the acts themselves and the environmental circumstances. The second
died. He was convicted to parricide and serious physical injuries. He argued on element, i.e., that the act is performed with a child exploited in prostitution or
his appeal that he has no intention to commit so grave a wrong since he merely subjected to other sexual abuse, is likewise present. As succinctly explained in
intended to discipline B. In order that a person may be criminally liable for a People v. Larin: A child is deemed exploited in prostitution or subjected to
felony different from that which he intended to commit, it is indispensible (a) other sexual abuse, when the child indulges insexual intercourse or lascivious
that a felony was committed and (b) that the wrong done to the aggrieved conduct (a) for money, profit, or any other consideration; or (b) under the
person be the direct consequence of the crime committed by the perpetrator. coercion or influence of any adult, syndicate or group. It must be noted that
Here, there is no doubt appellant in beating his son Noemar and inflicting upon the law covers not only a situation in which a child is abused for profit, but also
him physical injuries, committed a felony. As a direct consequence of the one in which a child, through coercion or intimidation, engages in lascivious
beating suffered by the child, he expired. Appellant’s criminal liability for the conduct. Thus, a child is deemed subjected to other sexual abuse when the
death of his son, Noemar, is thus clear. The imposition of parental discipline child indulges in lascivious conduct under the coercion or influence of any
on children of tender years must always be with the view of correcting their adult. In this case, Cristina was sexually abused because she was coerced or
intimidated by petitioner to indulge in a lascivious conduct. Furthermore, it is
14

erroneous behavior. A parent or guardian must exercise restraint and caution


in administering the proper punishment. They must not exceed the inconsequential that the sexual abuse occurred only once. As expressly
provided in Section 3 (b) of R.A. 7610, the abuse may be habitual or not. It
Page

parameters of their parental duty to discipline their minor children. It is


incumbent upon them to remain rational and refrain from being motivated by must be observed that Article III of R.A. 7610 is captioned as "Child Prostitution
and Other Sexual Abuse" because Congress really intended to cover a situation

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

where the minor may have been coerced or intimidated into lascivious However, pursuant to the foregoing provision, before an accused can be
conduct, not necessarily for money or profit. The law covers not only child convicted of child abuse through lascivious conduct committed against a minor
prostitution but also other forms of sexual abuse. Thus, while it is necessary to below 12 years of age, the requisites for acts of lasciviousness under Article
allege the essential elements of the crime in the information, the failure to do 336 of the RPC must be met in addition to the requisites for sexual abuse under
so is not an irremediable vice. When the complaint or the resolution by the Section 5 of R.A. No. 7610.
public prosecutor which contain the missing averments is attached to the Based on the foregoing definition, petitioner’s act of touching AAA’s vagina
information and form part of the records, the defect in the latter is effectively and playing with it obviously amounted to lascivious conduct. Considering that
cured, and the accused cannot successfully invoke the defense that his right to the act was committed on a child less than twelve years old and through
be informed is violated. intimidation, it is beyond cavil that petitioner is guilty under the aforesaid laws.
We are aware that the Information specifically charged petitioner with Acts of
Navarrete vs People January 31, 2007 Lasciviousness under the RPC, without stating therein that it was in relation to
In Amployo v. People, we declared that pursuant to Section 5 (b) of RA 7610, R.A. No. 7610. However, the failure to designate the offense by statute or to
before an accused can be convicted of child abuse through lascivious conduct mention the specific provision penalizing the act, or an erroneous specification
on a minor below 12 years of age, the requisites for acts of lasciviousness of the law violated, does not vitiate the information if the facts alleged therein
under Article 336 of the RPC must be met in addition to the requisites for clearly recite the facts constituting the crime charged. The character of the
sexual abuse under Section 5 of RA 7610. crime is not determined by the caption or preamble of the information nor by
The elements of the crime of acts of lasciviousness under Article 336 of the the specification of the provision of law alleged to have been violated, but by
RPC are the following: the recital of the ultimate facts and circumstances in the complaint or
(1) The offender commits any act of lasciviousness or lewdness; information.
(2) It is done under any of the following circumstances: In the instant case, the body of the Information contains an averment of the
a. By using force or intimidation; or acts alleged to have been committed by petitioner and unmistakably describes
b. When the offended party is deprived of reason or otherwise acts punishable under Section 5(b), Article III of R.A. No. 7610.
unconscious; or Can there be double jeopardy if you are charged with the crime of rape under
c. When the offended party is under 12 years of age; and RA 8353 and for sexual abuse under RA 7610?
(3) The offended party is another person of either sex.
The foregoing shows that all the elements of acts of lasciviousness were People vs Matias June 13, 2012
proved. That BBB was less than twelve years old at the time of the commission Under Section 5 (b), Article III of RA 7610 in relation to RA 8353, if the victim
of the offense was not disputed. The prosecution established that petitioner of sexual abuse is below 12 years of age, the offender should not be
intentionally "placed his penis" in BBB’s vagina but without any indication that prosecuted for sexual abuse but for statutory rape under Article 266-A(1)(d)
he was able to penetrate her. of the Revised Penal Code and penalized with reclusion perpetua. On the other
"Lascivious conduct" is defined under Section 2 (h) of the rules and regulations hand, if the victim is 12 years or older, the offender should be charged with
of RA 7610 as: The intentional touching, either directly or through clothing, of either sexual abuse under Section 5(b) of RA 7610 or rape under Article 266-A
the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction (except paragraph 1[d]) of the Revised Penal Code. However, the offender
of any object into the genitalia, anus or mouth, of any person, whether of the cannot be accused of both crimes for the same act because his right against
same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or double jeopardy will be prejudiced. A person cannot be subjected twice to
arouse or gratify the sexual desire of any person, bestiality, masturbation, criminal liability for a single criminal act. Likewise, rape cannot be complexed
lascivious exhibition of the genitals or pubic area of a person. with a violation of Section 5(b) of RA 7610. Under Section 48 of the Revised
The aforestated acts of petitioner undeniably amounted to lascivious conduct Penal Code (on complex crimes), a felony under the Revised Penal Code (such
under this law. as rape) cannot be complexed with an offense penalized by a special law.
The law covers not only a situation in which a child is abused for profit but also
one in which a child, through coercion or intimidation, engages in any People vs Chingh March 16, 2011
lascivious conduct. The very title of Section 5, Article III (Child Prostitution and In this case, the offended party was ten years old at the time of the commission
Other Sexual Abuse) of RA 7610 shows that it applies not only to a child of the offense. Pursuant to the above-quoted provision of law, Armando was
subjected to prostitution but also to a child subjected to other sexual abuse. A aptly prosecuted under paragraph 2, Article 266-A of the Revised Penal Code,
child is deemed subjected to "other sexual abuse" when he or she indulges in as amended by R.A. No. 8353, for Rape Through Sexual Assault. However,
lascivious conduct under the coercion or influence of any adult. Here, BBB was instead of applying the penalty prescribed therein, which is prision mayor,
sexually abused because she was coerced or intimidated by petitioner (who considering that VVV was below 12 years of age, and considering further that
poked her neck with a knife) to indulge in lascivious conduct. Armando’s act of inserting his finger in VVV’s private part undeniably
amounted to lascivious conduct, the appropriate imposable penalty should be
Cabila vs People November 23, 2007 that provided in Section 5 (b), Article III of R.A. No. 7610, which is reclusion
The earlier-quoted Information filed against petitioner did not allege the temporal in its medium period.
presence of the above-listed second element of Section 5, Article III of RA No. The Court is not unmindful to the fact that the accused who commits acts of
7610 – that the act is performed with a child exploited in prostitution or lasciviousness under Article 366, in relation to Section 5 (b), Article III of R.A.
subjected to other sexual abuse. In fact no attempt was made to prove that No. 7610, suffers the more severe penalty of reclusion temporal in its medium
element, for it would have violated petitioner’s right to be informed of his period than the one who commits Rape Through Sexual Assault, which is
constitutional right to be informed of the nature and cause of the accusation merely punishable by prision mayor. This is undeniably unfair to the child
against him. victim. To be sure, it was not the intention of the framers of R.A. No. 8353 to
Petitioner could not thus have been held liable under Section 5(b), Article III of have disallowed the applicability of R.A. No. 7610 to sexual abuses committed
RA No. 7610. No doubt, the information charges petitioner with Acts of to children. Despite the passage of R.A. No. 8353, R.A. No. 7610 is still good
Lasciviousness under Article 336 of the Revised Penal Code. law, which must be applied when the victims are children or those "persons
below eighteen (18) years of age or those over but are unable to fully take care
Flordeliz vs People March 3, 2010 of themselves or protect themselves from abuse, neglect, cruelty, exploitation
It is undisputed that at the time of the commission of the sexual abuse, AAA or discrimination because of a physical or mental disability or condition."
was eleven (11) years old. This calls for the application of R.A. No. 7610. Sweetheart theory is an unacceptable defense
Paragraph (b) punishes sexual intercourse or lascivious conduct not only with
a child exploited in prostitution, but also with a child subjected to other sexual Malto vs People September 21, 2007
15

abuses. It covers not only a situation where a child is abused for profit, but also The designation of the offense in the information against petitioner was
where one -- through coercion, intimidation or influence -- engages in sexual changed from "violation of Section 5(b), Article III" of RA 7610 to "violation of
Page

intercourse or lascivious conduct with a child. Section 5(a), Article III" thereof.

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

Paragraph (a) essentially punishes acts pertaining to or connected with child law, to view her as fair game and vulnerable prey.) In other words, a child is
prostitution. It contemplates sexual abuse of a child exploited in prostitution. presumed by law to be incapable of giving rational consent to any lascivious
In other words, under paragraph (a), the child is abused primarily for profit. act or sexual intercourse.
On the other hand, paragraph (b) punishes sexual intercourse or lascivious
conduct not only with a child exploited in prostitution but also with a child CHAPTER THREE
subjected to other sexual abuse. It covers not only a situation where a child is RAPE
abused for profit but also one in which a child, through coercion, intimidation
or influence, engages in sexual intercourse or lascivious conduct. THE NEW RAPE LAW: REPUBLIC ACT NO. 8353
The information against petitioner did not allege anything pertaining to or
connected with child prostitution. It did not aver that AAA was abused for REPUBLIC ACT NO. 8353
profit. What it charged was that petitioner had carnal knowledge or
committed sexual intercourse and lascivious conduct with AAA; AAA was AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE,
induced and/or seduced by petitioner who was her professor to indulge in RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR
sexual intercourse and lascivious conduct and AAA was a 17-year old minor. THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS
These allegations support a charge for violation of paragraph (b), not THE REVISED PENAL CODE AND FOR OTHER PURPOSES
paragraph (a), of Section 5, Article III, RA 7610.
The first element of Section 5(b), Article III of RA 7610 pertains to the act or The new rape law repealed Article 335 of the Revised Penal Code.
acts committed by the accused. The second element refers to the state or
condition of the offended party. The third element corresponds to the THE STATE’S POLICY ON RAPE
minority or age of the offended party. “The state’s policy on heinous offenses is clear and unmistakable. Life is made
The first element was present in this case. Petitioner committed lascivious forfeit under certain circumstances. The harshness of the penalty may give
conduct against and had sexual intercourse with AAA in the following cause for concern, considering that the very nature of its commission, it is both
instances: (1) on November 19, 1997, when he kissed her at the back and neck, sordid and joyless, the pleasure derived, if any, being minimal.
touched her breasts and placed his hand inside her blouse to gratify his lust;
(2) on November 26, 1997, when, with lewd designs, he dragged her towards People vs Reyes 60 S 126
the bed of the motel room and forcibly kissed her on the lips, neck and breasts To be thereafter sentenced to a long period of confinement, perhaps for the
and (3) when he exerted moral influence on her and pressured her until she rest of one’s life, even to suffer death may appear excessive. Nonetheless,
surrendered herself to him on November 26, 1997. there is sound reason for such severity. It is an intrusion into the right of
The second element was likewise present here. On November 19, 1997, due privacy, an assault on human dignity. No legal system worthy of the name can
to the influence of petitioner, AAA indulged in lascivious acts with or allowed afford to ignore the traumatic consequences for the unfortunate victim and
him to commit lascivious acts on her. This was repeated on November 26, 1997 grievous injury to the peace and good order of the community.
on which date AAA also indulged in sexual intercourse with petitioner as a
result of the latter’s influence and moral ascendancy. Thus, she was deemed Thus, the state condemns with severity the crime of rape. It regards it as an
to be a "child subjected to other sexual abuse" as the concept is defined in the affront to its sovereignty and a menace to the society. It considers it a most
opening paragraph of Section 5, Article III of RA 7610 and in Larin. detestable crime which ought to be severely and impartially punished.
The third element of the offense was also satisfied. On November 19, 2007
and November 26, 2007, AAA was a child as she was below 18 years of age. The Anti-Heinous crime Law (RA 7659) classified RAPE as heinous crime
She was therefore within the protective mantle of the law. punishable by the supreme penalty of death.
Petitioner claims that AAA welcomed his kisses and touches and consented to
have sexual intercourse with him. They engaged in these acts out of mutual On September 30, 1997, the House of Congress passed into law RA 8353
love and affection. But may the "sweetheart theory" be invoked in cases of otherwise known as the Anti-Rape Law of 197 which substantially overhauled
child prostitution and other sexual abuse prosecuted under Section 5, Article the provisions of the RPC. It has to great extent, significantly changed the
III of RA 7610? No. nature, character and complexion of the crime of rape defined and penalized
The sweetheart theory applies in acts of lasciviousness and rape, felonies under Art. 335, of the RPC.
committed against or without the consent of the victim. It operates on the
theory that the sexual act was consensual. It requires proof that the accused Chapter Three
and the victim were lovers and that she consented to the sexual relations. Rape
For purposes of sexual intercourse and lascivious conduct in child abuse cases
under RA 7610, the sweetheart defense is unacceptable. A child exploited in Article 266-A. Rape; When And How Committed. — Rape is Committed —
prostitution or subjected to other sexual abuse cannot validly give consent to 1) By a man who shall have carnal knowledge of a woman under any of the
sexual intercourse with another person. following circumstances:
Unlike rape, therefore, consent is immaterial in cases involving violation of a) Through force, threat, or intimidation;
Section 5, Article III of RA 7610. The mere act of having sexual intercourse or b) When the offended party is deprived of reason or otherwise
committing lascivious conduct with a child who is exploited in prostitution or unconscious;
subjected to sexual abuse constitutes the offense. It is a malum prohibitum, an c) By means of fraudulent machination or grave abuse of authority; and
evil that is proscribed. d) When the offended party is under twelve (12) years of age or is
A child cannot give consent to a contract under our civil laws. This is on the demented, even though none of the circumstances mentioned above be
rationale that she can easily be the victim of fraud as she is not capable of fully present.
understanding or knowing the nature or import of her actions. The State, as 2) By any person who, under any of the circumstances mentioned in
parens patriae, is under the obligation minimize the risk of harm to those who, paragraph 1 hereof, shall commit an act of sexual assault by inserting his
because of their minority, are as yet unable to take care of themselves fully. penis into another person's mouth or anal orifice, or any instrument or
Those of tender years deserve its protection. object, into the genital or anal orifice of another person.
The harm which results from a child’s bad decision in a sexual encounter may
be infinitely more damaging to her than a bad business deal. Thus, the law The crime of rape under RA 8353: The Anti-Rape Law of 1997 is considered as
should protect her from the harmful consequences of her attempts at adult an amendment to the provision of Article 266 of the RPC.
sexual behavior. For this reason, a child should not be deemed to have validly
16

consented to adult sexual activity and to surrender herself in the act of The crime of rape used to be a crime against chastity but is now a crime
ultimate physical intimacy under a law which seeks to afford her special against persons through RA 8353. An impossible crime of rape may now be
Page

protection against abuse, exploitation and discrimination. (Otherwise, sexual


predators like petitioner will be justified, or even unwittingly tempted by the

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

committed if there is an inherent impossibility of its accomplishment or on through sexual intercourse is carnal knowledge, which must be proven
account of inadequate or ineffectual means. beyond reasonable doubt.
2. Article 266-A paragraph 2 refers to rape by sexual assault, also called
As amended, it can also now be committed by means of sexual assault, not "instrument or object rape," or "gender-free rape." It must be attended
just by a man. by any of the circumstances enumerated in subparagraphs (a) to (d) of
Since rape is no longer a private crime, it can be prosecuted even if the paragraph 1.
woman did not file the complaint for as long as there is a witness. In People v. Abulon, this Court differentiated the two modes of committing
Rape is not just simple physical violence. It debases a woman’s dignity leaving rape as follows:
a stigma on her honor and scarring her for life. (1) In the first mode, the offender is always a man, while in the second, the
offender may be a man or a woman;
Rape is committed in two ways: (2) In the first mode, the offended party is always a woman, while in the
1. Rape by sexual intercourse or organ rape; and second, the offended party may be a man or a woman;
2. Rape by sexual assault or instrument/object rape. (3) In the first mode, rape is committed through penile penetration of the
vagina, while the second is committed by inserting the penis into another
RAPE BY SEXUAL INTERCOURSE: person’s mouth or anal orifice, or any instrument or object into the
Elements: genital or anal orifice of another person; and
4. That the offender is a man (4) The penalty for rape under the first mode is higher than that under the
5. That the offender had carnal knowledge of a woman second.
6. That such act is accomplished under any of the following circumstances: AAA positively and consistently stated that Pareja, in December 2003, inserted
a. By using force or intimidation his penis into her anus. While she may not have been certain about the details
b. When the woman is deprived of reason or otherwise unconscious of the February 2004 incident, she was positive that Pareja had anal sex with
c. By means of fraudulent machination or grave abuse of authority her in December 2003, thus, clearly establishing the occurrence of rape by
d. When the woman is under 12 years of age or demented sexual assault. In other words, her testimony on this account was, as the Court
of Appeals found, clear, positive, and probable.
By a man who shall have carnal knowledge of a woman under any of the However, since the charge in the Information for the December 2003 incident
following circumstances: is rape through carnal knowledge, Pareja cannot be found guilty of rape by
a) Through force, threat, or intimidation; sexual assault even though it was proven during trial. This is due to the
b) When the offended party is deprived of reason or otherwise material differences and substantial distinctions between the two modes of
unconscious; rape; thus, the first mode is not necessarily included in the second, and vice-
c) By means of fraudulent machination or grave abuse of authority; and versa. Consequently, to convict Pareja of rape by sexual assault when what he
d) When the offended party is under twelve years of agree is demented, was charged with was rape through carnal knowledge, would be to violate his
even though none of the circumstances mentioned above be present. constitutional right to be informed of the nature and cause of the accusation
against him. Nevertheless, Pareja may be convicted of the lesser crime of acts
RAPE BY SEXUAL ASSAULT; “GENDER-FREE RAPE”: of lasciviousness under the variance doctrine.
Elements:
1. That the offender commits an act of sexual assault; There can be three divisions of rape according to the age of the victim:
2. The act of sexual assault is committed by any of the following means: 1. Where the victim is less than 7 years old – the penalty is death
a. By inserting his penis into another person’s mouth or anal orifice 2. Where the victim is less than 12 years old – statutory rape
b. By inserting any instrument or object into the genital or anal orifice 3. Rape of a woman less than 18 years old and there is a relationship –
of another person mandatory penalty of death is imposed
3. That the act of sexual assault is accomplished under any of the following 4. The regular kind of rape where the victim is more than 18 years old
circumstances:
a. By using force or intimidation Through force, threat or intimidation
b. When the woman is deprived of reason or otherwise unconscious  The force employed against the victim need not be of such character as
c. By means of fraudulent machination or grave abuse of authority could not be resisted. It is enough that the force used is sufficient to
d. When the woman is under 12 years of age or demented consummate the offender’s purpose of copulating with the victim.
 The force required in rape need not be overpowering or irresistible when
Notes: applied. Just because the victim did not shout or offer tenacious
 A person who sucks another’s organ is not liable under this type of rape resistance, it does not make the victims submission voluntary. What is
because he did not insert anything into the genital or anal orifice of the necessary is that the force employed in accomplishing it is sufficient to
other person. consummate the purpose that the offender has in his mind.
 Thrusting a piece of wood into the anal orifice of another, motivated by  Force as a necessary element of the crime of rape is to be taken in its
hate or anger, is not liable because the act is not motivated by sexual ordinary acceptance. It means common physical force and fear of life or
satisfaction or lewd designs. In fact, the act was done because of hate or bodily harm so that one is not able to make resistance. The degree of force
anger. The crime of rape has remained to be a crime malum in se and required to constitute rape is relative depending upon the particular
intent is still essential in proving the crime. circumstance.

People vs Pareja January 15, 2014 People vs Velasquez 120 SCRA 847
The enactment of Republic Act No. 8353 or the Anti-Rape Law of 1997, The criminal responsibility of the appellant may only be predicated on his
revolutionized the concept of rape with the recognition of sexual violence on having committed the crime of rape should it appear from the evidence on
"sex-related" orifices other than a woman’s organ is included in the crime of record that he had, indeed, obtained carnal knowledge of the complainant
rape; and the crime’s expansion to cover gender-free rape. "The against her will and consent by means of force and intimidation, and with the
transformation mainly consisted of the reclassification of rape as a crime use of a bladed instrument, as alleged in the information. We have
against persons and the introduction of rape by ‘sexual assault’ as meticulously examined the record of this case, particularly the testimony of
differentiated from the traditional ‘rape through carnal knowledge’ or ‘rape complainant Remedios Domingo, in an effort to find adequate confirmation of
through sexual intercourse.’ her claim that the appellant succeeded in making her submit to his sexual
17

Thus, under the new provision, rape can be committed in two ways: desire by threatening her with death by means of a bladed weapon should she
1. Article 266-A paragraph 1 refers to Rape through sexual intercourse, also refuse to do so, or should she cry out for help. Sadly enough, Our earnest
Page

known as "organ rape" or "penile rape." The central element in rape endeavor and desire to render justice to the aggrieved party had failed to
dissipate persistent doubts in Our minds as to the credibility of her assertion

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

that the appellant coerced and threatened her with death into submitting to The crime of rape is very easy to charge, though difficult to prove it is more
his carnal demand in the evening of February 9, 1966. difficult to disprove.
An abiding sense of fairness impels Us to take heed of the oft-repeated The character of the offended woman is immaterial in rape.
observations that "a rape charge is easy to make, hard to prove and harder to  In rape committed by a father against his own child, the father’s moral
defend by the party, though innocent" (People vs Barbo, 56 SCRA 459); and ascendency and influence substitutes for violence and intimidation.
that "experience has shown that unfounded charges of rape have frequently  If the victim gave consent because of fear of any personal violence, it is
been preferred by women actuated by some sinister, ulterior or undisclosed considered as no consent at all. Even if the man puts no hand on the
motive; hence, convictions for such crime should not be sustained without woman yet if by the use of mental or moral coercion the accuses so
clear and convincing proof of guilt." Under the circumstances appearing in the overpowers her mind out of fear that as result, the woman does not resist
case at bar, the claim of the appellant that the complainant was not totally the act of the accused, still the crime of rape is committed.
unresponsive to his advances after he secured her intimacy with gifts of money
and nice things to eat is, to Our mind, not inherently improbable as to be Notes:
totally disbelieved. He was single, a brother of her employer, with a means of  In order to consummate the crime of rape, it is not necessary that there is
livelihood, and was staying in the same house with the complainant. Their full penetration of the female organ by the male organ. Penetration no
sexual encounter was not between total strangers where the man had no matter how slight, even if there is no ejaculation, consummates the crime
means except brute force to satisfy his lust upon the woman he had desired. of rape. In fact, the presence or absence of semen is immaterial since it is
penetration, however slight, and not ejaculation that makes the crime of
People vs Oarga 259 SCRA 90 rape. Mere penetration of the female labia consummates the crime of
The contention is without merit. When a female under twelve years of age is rape.
the victim of rape, it is utterly of no consequence that no force or intimidation  Penal penetration assumes that there is erection. There must be showing
is used by the rapist, or that his prey is not deprived of reason or rendered that there was erection. Without erection there can be no penetration.
unconscious. It suffices that there is carnal knowledge of the latter, without There is a physiological impossibility of penetration absent erection. It is a
more. matter of defense if the accused is suffering from impotency.
The fact is that Romeo Oarga, who is indisputably had moral dominance over  What if there is an attempt to penetrate but there is no penetration at all?
Lorelie, standing as he did in the position of surrogate parent, did use force Rape is committed in the attempted stage.
and intimidation in initiating and consummating his lascivious attacks against  What happens if there is only slight penetration? The crime of rape is
her — a circumstance that this Court finds amply proven by the evidence on committed in the consummated. Penetration no matter how slight it is
record. He threatened her with a fan-knife (balisong) all the while he was considered in its consummated stage. There is no crime of frustrated rape.
about satisfying his lewd desires. To an innocent eleven-year old girl, that
threat must have engendered a deep-seated fear that if she dared resist or try People vs Sampior March 1, 2000, People vs Orita 184 SCRA 105
to frustrate Romeo Oarga, she, her brothers and sisters and even her mother It is highly inconceivable how the crime of frustrated rape is committed. Mere
would be killed. Intimidation is addressed to the mind of the victim and is, penetration no matter how slight is consummated rape. there is no
therefore subjective. Its presence cannot be tested by any hard-and-fast rule, penetration it is in the attempted stage. There is no middle ground.
but must be viewed in the light of the victim's perception and judgment at the
time of the crime. The workings of the human mind under emotional stress People vs Hangdaan 201 SCRA 568
are unpredictable; people react differently in such situations: some may shout; The mere entry of the labia or lips of the female organ without rupture of the
some may faint; some may be shocked into insensibility; others may openly hymen or laceration of vagina constitutes consummated rape.
welcome their intrusion.
But such force or intimidation, as repeatedly pointed out, is not a factor in People vs Salinas 232 SCRA 774
determining the existence of rape in the two cases at bar, where mere sexual There are no half-measures or even quarter-measures, nor is there gravity
conjugation suffices to give rise to the crime, the victim being under twelve. graduated by the inches of entry. Partial penal penetration as serious as full
Such force or intimidation would serve merely to aggravate the liability for the penal penetration. In a matter of speaking, bombardment of the drawbridge
offense. is invasion enough even if the troops do not succeed in entering the castle.

People vs Edualino 271 SCRA 189 Deprived of reason or unconscious


On accused-appellant's contention that the presence of force and intimidation This applies when the victim is insane or is feeble-minded. The deprivation
was not proven, the Court has consistently ruled that force and intimidation need not be complete. Mental abnormality on the part of the woman-victim is
should be viewed in the light of the victim's perception and judgment at the already sufficient.
time of the commission of the offense. Is it required that the offender must have knowledge of the woman’s insanity
Indeed, there can be no hard and fast rule on the matter specially in a situation or her mental condition?
like the present case where the victim testified to being in a state of semi-
consciousness after drinking a glass of beer given to her by accused-appellant. People vs Carillo 236 SCRA 22
Besides, the testimony of the victim is supported by the findings in the No, it is not necessary that the man must have knowledge of the mental
aforequoted medical certificate which shows that the injuries suffered by the condition of the victim of rape. Still, rape can be committed.
victim are consistent with the charges of rape and contrary to the theory of
the defense that the injuries were inflicted by the victim's mother when she Unconscious: when a woman is sleeping, when the woman is under the
was trying to quiet her daughter who was hysterical. influence of liquor, when the woman is under anesthesia.

Notes: People vs Lintag 126 SCRA 511, People vs Isip Jr. 188 SCRA 648
 Is it necessary that there should be violence in the commission of the The woman was under the influence of anesthesia. It is in this condition that
crime of rape? No, force or threat is not necessary because intimidation is she was raped. The woman admitted that she knew what was happening to
sufficient. This exists when a victim is scowled into submission as a result her because she was conscious. The defense contended that she consented.
thereof thereby rendering resistance futile. Intimidation would be If the woman’s will is affected by the anesthesia and there is copulation
enough, something where the victim is scowled into submission. without her consent though she be, more or less, conscious, the crime of rape
 Is it necessary that the victim put up physical resistance? No. is still committed.
 Is it necessary that the offender inflict blows on the victim? No. Proof of
18

injuries is not necessary because after all, it is not an element of the crime Under 12 years of age or demented
of rape. Statutory rape – rape committed to a victim below 12 years of age
Page

Elements:
1. That the offender had carnal knowledge of a woman

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

2. That such act is committed when the victim is under 12 years of age It must be shown that the carnal knowledge with her was obtained against her
will. We have to qualify if her consent was given freely or not. It is necessary
People vs Campuhan March 30, 2000 that there be evidence of some resistance put up by the offended party to
Campuhan was found guilty of statutory rape and was meted the penalty of show that there was rape. It is not however necessary that the offended party
death. The issue was whether there was convincing proof that the penis of the should exert all her efforts to prevent the carnal intercourse, it is enough that
accused indeed touched the labia or slid into the female organ of the victim from her resistance it would appear that the carnal knowledge or the carnal
who was only 4 years old. intercourse is against her will.

We have said often enough that in concluding that carnal knowledge took Mere initial resistance which does not indicate refusal on the part of the
place, full penetration of the vaginal orifice is not an essential ingredient, nor offended party to the sexual intercourse will not be enough to bring about the
is the rupture of the hymen necessary; the mere touching of the external crime of rape.
genitalia by the penis capable of consummating the sexual act is sufficient to
constitute carnal knowledge. But the act of touching should be understood In the crime of the rape, conviction does not require medico-legal finding of
here as inherently part of the entry of the penis into the labias of the female any penetration on the part of the woman. A medico-legal certificate is not
organ and not mere touching alone of the mons pubis or the pudendum. necessary or it is indispensable to convict the accused of the crime of rape. An
Jurisprudence dictates that the labia majora must be entered for rape to be evidence to prove rape is when there are lacerations. However, there are
consummated, and not merely for the penis to stroke the surface of the female instances where there may be no lacerations.
organ. Thus, a grazing of the surface of the female organ or touching the mons
pubis of the pudendum is not sufficient to constitute consummated rape. An accused may be convicted of rape on the sole testimony of the offended
Absent any showing of the slightest penetration of the female organ, i.e., woman. It does not require the testimony be corroborated before the
touching of either labia of the pudendum by the penis, there can be no conviction can stand. This is particularly true if the commission of the rape is
consummated rape; at most, it can only be attempted rape, if not acts of such that the narration of the offended woman would lead to no other
lasciviousness. conclusion but that the rape was committed.

People vs Romeo Jalosjos November 16, 2001 People vs Raptus 198 SCRA 425
This Court has declared that the state policy on the heinous offense of rape is The gravamen of the offense of statutory rape is the carnal knowledge of a
clear and unmistakable. Under certain circumstances, some of them present woman below twelve (12) years of age at the time she was raped; proof of
in this case, the offender may be sentenced to a long period of confinement, intimidation or force used on her, or lack of it, is immaterial. Furthermore, in
or he may suffer death. The crime is an assault on human dignity. No legal this case, after each act the appellant threatened to kill complainant if she
system worthy of the name can afford to ignore the traumatic consequences would tell anyone about his lascivious acts, each threat installing fear in the
for the unfortunate victim and grievous injury to the peace and good order of mind of the minor, which made her an "easy prey in his subsequent sallies."
the community.
Rape is particularly odious, one which figuratively scrapes the bottom of the More important, appellant fails to consider that the victim is still of tender age.
barrel of moral depravity, when committed against a minor. In view of the A child who is only eleven (11) years old may not yet know or fully realize the
intrinsic nature of the crime of rape where only two persons are usually detestable nature and gravity of the acts committed upon her person. A child
involved, the testimony of the complainant is always scrutinized with extreme can easily be made to believe otherwise, as could have been the case of Arlene.
caution. On the other hand, it is not uncommon for young girls to conceal for some
In the present case, there are certain particulars which impelled the court to time the assaults on their virtue because of the rapist's threat on their lives. It
devote an even more painstaking and meticulous examination of the facts on should be borne in mind that this case involves a victim of tender years and
record and a similarly conscientious evaluation of the arguments of the limited schooling whose actions under such difficult and trying circumstances
parties. The victim of rape in this case is a minor below twelve (12) years of are dominated more by fear than by reason. She cannot be expected to have
age. As narrated by her, the details of the rape are mesmerically sordid and such exceptional courage as to disregard a threat on her life. But even
repulsive. The victim was peddled for commercial sex by her own guardian assuming that Arlene may have innocently or otherwise dispensed of her
whom she treated as a foster father. Because the complainant was a willing sexual favors as alleged by appellant, particularly if she were paid for it, such
victim, the acts of rape were preceded by several acts of lasciviousness on fact cannot change the revolting truth that appellant molested an 11-year old
distinctly separate occasions. The accused is also a most unlikely rapist. He is child. Rape is committed even if the girl under twelve (12) years old consented
a member of Congress. Inspite of his having been charged and convicted by to the sexual act or, for that matter, even if she were a prostitute.
the trial court for statutory rape, his constituents liked him so much that they
knowingly re-elected him to his congressional office, the duties of which he What if the woman is more than 12 years old but is demented, can here be
could not perform. statutory rape?
Statutory rape committed by a distinguished Congressman on an eleven (11) People vs Estares 282 SCRA 524
year old commercial sex worker is bound to attract widespread media and The rationale therefor is that if sexual intercourse with a victim under twelve
public attention. In the words of accused-appellant, "he has been demonized years of age is rape, then it should follow that carnal knowledge of a woman
in the press most unfairly, his image transmogrified into that of a dastardly, whose mental age is that of child below twelve years would also constitute
ogre, out to get his slimy hands on innocent and naïve girls to satiate his lustful rape.
desires." This Court, therefore, punctiliously considered accused-appellant’s Why is rape on a child 12 years old and below considered as statutory rape?
claim that he suffered "invidiously discriminatory treatment." The rule is such child cannot validly give her consent to the sexual act.
In statutory rape, mere sexual congress with a woman below twelve years of What is an incestuous rape? It refers to rape committed by an ascendant of
age consummates the crime of statutory rape regardless of her consent to the the woman.
act or lack of it. The law presumes that a woman of tender age does not In such cases, the force and intimidation need not be of such nature as would
possess discernment and is incapable of giving intelligent consent to the sexual be required in rape cases had the accused been a stranger. Conversely, the SC
act. Thus, it was held that carnal knowledge of a child below twelve years old expects that if the offender is not known to the woman, it is necessary that
even if she is engaged in prostitution is still considered statutory rape. The there be evidence of affirmative resistance put up by the offender woman.
application of force and intimidation or the deprivation of reason of the victim Mere “no” is not enough if the offender is a stranger.
becomes irrelevant. The absence of struggle or outcry of the victim or even In rape cases, the court must always be guided by the following principles:
her passive submission to the sexual act will not mitigate nor absolve the An accusation of rape can be made with facility. It is difficult to prove but more
19

accused from liability. difficult for the person accused, though innocent, to disprove
In view of the intrinsic nature of the crime, where only 2 persons are usually
Page

What about if the woman is over 12 years of age? involved, the testimony of the complainant must be scrutinized with extreme
caution

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

delicate and reverent nature of sexual intimacy between a husband and wife
People vs Cabalquinto September 19, 2006 excludes cruelty and coercion. Sexual intimacy brings spouses wholeness and
Cabalquinto was charged for having raped his 8 year old daughter and was oneness. It is a gift and a participation in the mystery of creation. It is a deep
convicted of rape. sense of spiritual communion. It is a function which enlivens the hope of
Henceforth, the Court shall withhold the real name of the victim-survivor and procreation and ensures the continuation of family relations. It is an expressive
shall use fictitious initials instead to represent her. Likewise, the personal interest in each other's feelings at a time it is needed by the other and it can
circumstances of the victims-survivors or any other information tending to go a long way in deepening marital relationship. When it is egoistically utilized
establish or compromise their identities, as well those of their immediate to despoil marital union in order to advance a felonious urge for coitus by
family or household members, shall not be disclosed. force, violence or intimidation, the Court will step in to protect its lofty
Case: In Re Internet Webpage of the Supreme Court A.M. 99-7-06-SC February purpose, vindicate justice and protect our laws and State policies. Besides, a
14, 2006 husband who feels aggrieved by his indifferent or uninterested wife's absolute
There was a letter addressed to the Chief justice because a mother of a child- refusal to engage in sexual intimacy may legally seek the court's intervention
abuse victim expressed anxiety over the posting of full-text decisions of the to declare her psychologically incapacitated to fulfill an essential marital
Court in a child sexual abuse case on the internet web page of the SC. She had obligation. But he cannot and should not demand sexual intimacy from her
a foreigner boyfriend who wanted to marry her. The arrangement for the coercively or violently.
marriage was already made but the man saw on the SC web page that his
fiancée was a victim of a child abuse case. The mother submitted that Article 266-B. Penalties. — Rape under paragraph 1 of the next preceding
confidentiality and the best interest of the child must prevail over public access article shall be punished by reclusion perpetua.
to information. According to the OSG, the fact that the aggrieved child may
have consented through a parent or guardian to a public hearing of the case Whenever the rape is committed with the use of a deadly weapon or by two
does not negate the expectation of privacy which the child may later invoke or more persons, the penalty shall be reclusion perpetua to death.
because child victims cannot be presumed to have intended their initial
agreement to extend beyond the termination of their case to the posting of When by reason or on the occasion of the rape, the victim has become insane,
the decision posted by the SC on the web page. Moreover, such an expectation the penalty shall be reclusion perpetua to death.
of privacy is reasonable. Short of withdrawing the full text of decision in such
cases from the web page, the OSG proposed that the court instead replace the When the rape is attempted and a homicide is committed by reason or on the
material information such as the name of the child victim in its decision. occasion thereof, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, homicide is committed, the


Marital rape
penalty shall be death.
Schools of thought:
1. The moment the wife marries the husband, she giver her consent to the The death penalty shall also be imposed if the crime of rape is committed with
sexual intercourse. It is part of her obligation. any of the following aggravating/qualifying circumstances:
2. The husband is not liable for rape but for grave coercion.
1) When the victim is under eighteen (18) years of age and the offender is
People vs Edgar Jumawan April 21, 2014 a parent, ascendant, step-parent, guardian, relative by consanguinity or
A and B are married and had two children. The husband B became brutal in affinity within the third civil degree, or the common-law spouse of the
bed. The wife reasoned that she had a headache and abdominal pain. Angered, parent of the victim;
the husband forced himself. This was heard by their children staying at the 2) When the victim is under the custody of the police or military authorities
adjacent room. A was already crying; she was rescued by her children. The next or any law enforcement or penal institution;
night, she refused to go to her husband’s room but the husband said that he 3) When the rape is committed in full view of the spouse, parent, any of the
can have sex with her even in front of their children. children or other relatives within the third civil degree of consanguinity;
The husband was convicted and on appeal argues that the incidence of sexual 4) When the victim is a religious engaged in legitimate religious vocation or
intercourse were theoretically consensual and obligatory because they were calling and is personally known to be such by the offender before or at
legally married and a cohabiting couple. He argued that consent to copulation the time of the commission of the crime;
is presumed between cohabiting husband and wife and further claims that it 5) When the victim is a child below seven (7) years old;
should be viewed differently from ordinary rape cases. 6) When the offender knows that he is afflicted with Human Immune-
The ancient customs and ideologies from which the irrevocable implied Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or
consent theory evolved have already been superseded by modem global any other sexually transmissible disease and the virus or disease is
principles on the equality of rights between men and women and respect for transmitted to the victim;
human dignity established in various international conventions, such as the 7) When committed by any member of the Armed Forces of the Philippines
CEDAW. The Philippines, as State Party to the CEDAW, recognized that a or para-military units thereof or the Philippine National Police or any law
change in the traditional role of men as well as the role of women in society enforcement agency or penal institution, when the offender took
and in the family is needed to achieve full equality between them. Accordingly, advantage of his position to facilitate the commission of the crime;
the country vowed to take all appropriate measures to modify the social and 8) When by reason or on the occasion of the rape, the victim has suffered
cultural patterns of conduct of men and women, with a view to achieving the permanent physical mutilation or disability;
elimination of prejudices, customs and all other practices which are based on 9) When the offender knew of the pregnancy of the offended party at the
the idea of the inferiority or the superiority of either of the sexes or on time of the commission of the crime; and
stereotyped roles for men and women. One of such measures is R.A. No 8353 10) When the offender knew of the mental disability, emotional disorder
insofar as it eradicated the archaic notion that marital rape cannot exist and/or physical handicap of the offended party at the time of the
because a husband has absolute proprietary rights over his wife's body and commission of the crime.
thus her consent to every act of sexual intimacy with him is always obligatory
or at least, presumed. A woman is no longer the chattel-antiquated practices Rape under paragraph 2 of the next preceding article shall be punished
labeled her to be. A husband who has sexual intercourse with his wife is not by prision mayor.
merely using a property, he is fulfilling a marital consortium with a fellow
human being with dignity equal to that he accords himself. He cannot be Whenever the rape is committed with the use of a deadly weapon or by two
permitted to violate this dignity by coercing her to engage in a sexual act or more persons, the penalty shall be prision mayor to reclusion temporal.
20

without her full and free consent. It is true that the Family Code, obligates the
When by reason or on the occasion of the rape, the victim has become insane,
spouses to love one another but this rule sanctions affection and sexual
Page

the penalty shall be reclusion temporal.


intimacy, as expressions of love, that are both spontaneous and mutual and
not the kind which is unilaterally exacted by force or coercion. Further, the

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

When the rape is attempted and a homicide is committed by reason or on the People vs Pailanco January 20, 2000
occasion thereof, the penalty shall be reclusion temporal to reclusion Be that as it may, the supreme penalty of death cannot be imposed upon
perpetua. accused-appellant for the two counts of rape committed against his daughter
because the two (2) informations filed against him failed to state his
When by reason or on the occasion of the rape, homicide is committed, the relationship with the complainant as well as the latter's age.
penalty shall be reclusion perpetua. We have consistently held that these seven attendant circumstances are in the
nature of special qualifying circumstances. Unlike generic aggravating
Reclusion temporal shall also be imposed if the rape is committed with any of circumstances which may be appreciated and proved even if not alleged,
the ten aggravating/qualifying circumstances mentioned in this article. special qualifying circumstances cannot be considered as such unless so
alleged in the information even if proved. The special qualifying circumstances
In the crime of rape with homicide, Article 48 on complex crimes does not increase the penalties by degrees in contrast with aggravating circumstances
apply. Rape with homicide is a special complex crime therefore Article 48 is which affect only the period of penalty but do not increase it to a higher
not applied. It is because they have a distinct penalty provided for by law. It is degree.
called a composite crime.
We have already emphasized in the case of People vs Ramos that to effectively
In Article 48, you find the graver offense and apply it in its maximum period. prosecute an accused for the crime of qualified rape, the elements of minority
of the victim and her relationship to the offender must concur. Failure to allege
If three persons raped a girl, one after the other, there will be 3 informations the age of the victim and her relationship to offender in an information for
each or a total of 9 informations. It is established that there is conspiracy. Each
rape is a bar to the imposition of death penalty since age and relationship in
one of the accused is not guilty only for the rape he committed but also for the
this particular form of rape is qualifying and not merely aggravating. The death
rape committed by the other two.
penalty cannot be imposed when the circumstances are not alleged in the
People vs Sanchez information for it would be violative of accused-appellant's constitutional right
Mayor Sanchez was charged with the special complex crime of rape with to be informed of the nature and the cause of accusation against him.
homicide. 49 information’s were filed charging 7 separate homicides. He When the aggravating circumstance is not alleged in the information even if
argues it is absorbed because the victim could not have died 7 times.
proven during the trial, it has no effect at all; it is not qualified. In the
There will be as many crimes of rape with homicide as there are rapes
imposition of damages, it is the only time the aggravating circumstance will
committed. In effect, the presence of homicide qualifies the crime of rape,
serve its purpose of increasing the damages to be imposed to the offender,
thereby raising its penalty to the highest degree. Thus, homicide committed
even though not alleged in the information and only proven in trial.
on the occasion or by reason of rape, loses its character as an independent
offense, but assumes a new character, and functions like a qualifying Ralph P. Tua Vs Judge Cesar A. Mangrobang and Rossana Honrado-Tua,
circumstance. G.R. No. 170701, January 22, 2014.

A protection order is an order issued to prevent further acts of violence against


People vs Demetrio November 1993 227 SCRA 627
women and their children, their family or household members, and to grant
You wanted to kill A by stabbing her, and so you killed her. You saw A was still
other necessary reliefs. Its purpose is to safeguard the offended parties from
breathing, you raped her. What crime was committed?
further harm, minimize any disruption in their daily life and facilitate the
Not rape with homicide – in rape with homicide, this presupposes a rape of a opportunity and ability to regain control of their life violence is to be
woman after which you kill her. prevented,” the court is authorized to issue ex parte a TPO after raffle but
before notice and hearing when the life, limb or property of the victim is in
People vs Conrado Laog October 5, 2011 jeopardy and there is reasonable ground to believe that the order is necessary
AAA and her friend Jennifer were walking along rice paddies when the accused to protect the victim from the immediate and imminent danger of VAWC or to
brought them to a grassy area and hit the on the head with a lead pipe. He prevent such violence, which is about to recur.
stabbed Jennifer with an ice pick and covered her body then hit AAA and
stabbed her on the face then raped her. After raping her, he also covered her The grant of a TPO ex parte cannot, therefore, be challenged as violative of the
with grass. When AAA regained consciousness, her uncle brought her to the right to due process. Just like a writ of preliminary attachment which is issued
hospital. The accused was charged with rape for AAA and murder for Jennifer. without notice and hearing because the time in which the hearing will take
The facts established showed that the constitutive elements of rape with could be enough to enable the defendant to abscond or dispose of his
homicide were consummated, and it is immaterial that the person killed in this property, in the same way, the victim of VAWC may already have suffered
case is someone other than the woman victim of the rape. An analogy may be harrowing experiences in the hands of her tormentor, and possibly even
drawn from our rulings in cases of robbery with homicide, where the death, if notice and hearing were required before such acts could be
component acts of homicide, physical injuries and other offenses have been prevented.
committed by reason or on the occasion of robbery.
It is a constitutional commonplace that the ordinary requirements of
The charge is not murder. The charge would be rape with homicide even if the procedural due process must yield to the necessities of protecting vital public
victim was not the one who was killed. interests, among which is protection of women and children from violence and
threats to their personal safety and security.
 With the intent to kill A, B stabbed her then raped her when he saw her
still breathing. The crime is not rape with homicide. Rape with homicide May the parents in law be included in the petition for violation of RA 9262 for
presupposes that the woman is raped then killed afterwards. The crime the issuance of TPO?
committed is murder, rape is considered as an aggravating circumstance Sharica Mari Go-Tan vs Sps Tan
of ignominy or cruelty under Article 248. Section 3 of R.A. No. 9262 defines ”[v]iolence against women and their
children” as “any act or a series of acts committed by any person against a
Remember that in determining whether or not qualified rape exists or for the woman who is his wife, former wife, or against a woman with whom the
accused to be convicted of qualified rape, it is necessary that the age of the person has or had a sexual or dating relationship, or with whom he has a
victim is properly alleged in the information. Failure to allege the age of the common child, or against her child whether legitimate or illegitimate, within
victim is a bar to the imposition of death penalty since age, in this form of rape, or without the family abode, which result in or is likely to result in physical,
21

is qualifying and not merely aggravating. The same rule applies in relationship. sexual, psychological harm or suffering, or economic abuse including threats
Relationship is qualifying and not merely aggravating. The relationship and age of such acts, battery, assault, coercion, harassment or arbitrary deprivation
must be alleged in the information so we can call it as a qualified rape. The of liberty.”
Page

penalty is death.

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

While the said provision provides that the offender be related or connected action. The only act according to Article 344 of the RPC extinguishes the penal
to the victim by marriage, former marriage, or a sexual or dating relationship, action after the institution of the criminal action or remit the penalty is the
it does not preclude the application of the principle of conspiracy under the marriage between the offender and the offended party. Therefore, when the
RPC. victim executed an affidavit of desistance when the case has already been filed
Indeed, Section 47 of R.A. No. 9262 expressly provides for the suppletory in court, it has no effect at all.
application of the RPC.
“Finally, Section 4 of R.A. No. 9262 calls for a liberal construction of the law, Article 266-D. Presumptions. — Any physical overt act manifesting resistance
thus: against the act of rape in any degree from the offended party, or where the
SEC. 4. Construction. – This Act shall be liberally construed to offended party is so situated as to render her/him incapable of giving valid
promote the protection and safety of victims of violence against consent, may be accepted as evidence in the prosecution of the acts punished
women and their children. under Article 266-A."

Can a person be charged under RA 9262 when there is no more dating SECTION 3. Separability Clause. — If any part, section, or provision of
relationship between couples who have broken up? this Act is declared invalid or unconstitutional, the other parts thereof not
Dabalos vs Judge Quiambao affected thereby shall remain valid.
January 7, 2013

Notably, while it is required that the offender has or had a sexual or dating SECTION 4. Repealing Clause. — Article 335 of Act No. 3815, as amended, and
relationship with the offended woman, for RA 9262 to be applicable, it is not all laws, acts, presidential decrees, executive orders, administrative orders,
indispensable that the act of violence be a consequence of such relationship. rules and regulations inconsistent with or contrary to the provisions of
Nowhere in the law can such limitation be inferred. this Act are deemed amended, modified or repealed accordingly.
Hence, applying the rule on statutory construction that when the law does not
SECTION 5. Effectivity. — This Act shall take effect fifteen (15) days after
distinguish, neither should the courts, then, clearly, the punishable acts refer
completion of its publication in two (2) newspapers of general circulation.
to all acts of violence against women with whom the offender has or had a
sexual or dating relationship. As correctly ruled by the RTC, it is immaterial Approved: September 30, 1997
whether the relationship had ceased for as long as there is sufficient evidence
showing the past or present existence of such relationship between the SALIENT FEATURES OF RA 8353
offender and the victim when the physical harm was committed.
SENDING LEWD PICTURES IN THE CELLPHONE AND THREATENING TO POSIT IT DISTINCTIONS BETWEEN RAPE UNDER THE RPC AND RAPE UNDER RA 8353
ON FACEBOOK CONSTITUTES A CRIMINAL OFFENSE OF VIOLATION OF SECTION
5 OF RA 9262. 1. UNDER THE RPC: Crime against chastity.
UNDER RA 8353: Crime against persons.
Rustan Ang vs CA and Irish Sagud GR # 182835
But it seems clear that the law did not use in its provisions the colloquial verb 2. Who can file the complaint or information
“romance” that implies a sexual act. It did not say that the offender must have
“romanced” the offended woman. Rather, it used the noun “romance” to RPC:
describe a couple’s relationship, i.e., “a love affair.” a. Offended party;
The dating relationship that the law contemplates can, therefore, exist even b. Parents;
without a sexual intercourse taking place between those involved. c. Grandparents; and
d. Guardian
This means that no one has the authority to proceed if there are some other
Article 266-C. Effect of Pardon. — The subsequent valid marriage between the
persons previously mentioned with legal capacity to appear and institute the
offender and the offended party shall extinguish the criminal action or the
action.
penalty imposed.
CASE
"In case it is the legal husband who is the offender, the subsequent forgiveness
People vs De Los Santos 172 S 547
by the wife as the offended party shall extinguish the criminal action or the
Thus, a father cannot file a complaint for rape committed against his daughter
penalty: Provided, That the crime shall not be extinguished or the penalty shall
if the latter has the legal capacity to appear and institute the action.
not be abated if the marriage is void ab initio.
XPN: The preferential right of the offended part to file the complaint will not
The offended woman may pardon the offender through a subsequent valid however apply where she is otherwise physically or legally incapacitated to do
marriage. The effect of which would be the extinction of the offender’s so.
liability. Similarly, the legal husband may be pardoned by the forgiveness of  Applies to Minor.
the wife provided that the marriage is not void ab initio.

 If during the pendency of a rape case between a husband and a wife the Tolentino vs De la Costa 66 Phil 100
wife pardoned the husband, it extinguishes the incipient criminal liability However, when the offended party who is a minor fails to file the complaint,
of the husband. her parents, grandparents or guardian may file the same.
 If the wife pardoned the husband after a judgment of conviction has been
rendered and the husband is already serving his sentence, the pardon People vs Bangalao 94 Phil 354
shall extinguish the criminal liability of the husband and shall abate the The same rule applies if the minor refuses to file the complaint.
penalty imposed.

People vs Roben Lee UNDER RA 8353


The accused threatened the victim that he will kill her and her relatives. She As a crime against persons, the offense can now be filed by any person other
filed a case two years after the incident happened. She then executed an than the offended party. Any peace officer or any employee of the government
affidavit of desistance. The accused surrendered and moved for the dismissal institution in charge of the execution of the law violated can act as
of the case since it arose only out of a mere misunderstanding. Will the victim’s complainant because of his knowledge of the evidence and facts of the case.
22

affidavit work to the dismissal of the criminal case against the accused after it
has been filed? 3. Ordinarily, rape has been understood to be a crime against women,
Page

To warrant the dismissal of the complaint on account of the victim’s retraction meaning, only men can be offenders and women as the offended party.
or pardon, it should have been made prior to the institution of the criminal

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

RA 8353 degenderize the crime of rape. Any person, regardless of sex, can no
commit the crime and be charged under this law. In the same manner the Note: Both Art. 344 of the RPC and Art. 266-C of the RA 8353, the subsequent
victim could be either sex. valid marriage between the offender and the offended party extinguishes the
criminal action or the penalty imposed. The marriage should be valid
4. Before the enactment of RA 8353, the slightest penetration of the otherwise crime shall not be extinguished.
female sex organ is sufficient to consummate the crime of rape.
9. Under RA 8353 rape can be committed by means of fraudulent
Under the new law, the mere touching of the female sex organ with that of machination or grave abuse of authority.
the female genetalia (skin to skin contact) is now consummated rape.
Fraudulent machination implies a higher form of deceit, an intellectual means
5. Under RA 8353 rape includes insertion of the penis into another of facilitating the perpetration of the crime of Rape by means of insidious
person’s mouth or anal orifice, or any instrument or object, into the words or schemes. It involves intellectual trickery and cunning.
genetalia or anal orifice of another person.
Note: From the foregoing, this author respectfully submits that RA 8353 did
Note: The act/acts must be motivated by lewd or unchaste design. not repeal Article 337 and 338 of the RPC.
 Act of “blowjob” does not constitute rape because it does not insert
anything into the genital. 10. Under RA 8353 the resistance of the victim against the Act of rape
 Being motivated by hate and anger does not constitute rape maybe lesser than the resistance contemplated under Art. 335 of the
RPC
6. Under the new law, marital rape can now be committed. That is to say,
husband can now commit rape against his wife. See: Art. 226-D. Presumption
7. In marital rape, the criminal action or penalty is extinguished by a
subsequent forgiveness by the wife. ELEMENTS OF RAPE UNDER ART. 266-A, PAR. 1 (a), RA 8353
1. Carnal knowledge;
THE LAW ON PARDON 2. Force or intimidation; and
In crimes of seduction, abduction, rape, or acts of lasciviousness, there shall 3. The commission of the act without the consent, or against the will of the
be no criminal prosecution if the offender has been expressly pardoned by victim.
the offended party or her parents, grandparents, or guardian as the case (INCOMPLETE)
maybe. The pardon here must be express. (* note: insert all possible notes here)

Note: ***
 Pardon under Art. 344 of the RPC only bars criminal prosecution.
 Pardon under the RPC must be given before the institution of criminal TITLE NINE
action Crimes Against Personal Liberty and Security

It is not a private crime anymore under RA 8353 CHAPTER ONE


Crimes Against Liberty
Thus, when the complaint for adultery, concubinage, seduction, rape, acts of
lasciviousness or abduction has already been filed in court, a motion to dismiss SECTION ONE
based on the pardon by the offended party, given after the filling of the Illegal Detention
complaint, will be denied by the court.
ARTICLE 267. Serious Illegal Detention. — Any private individual who shall
UNDER RA 8353 kidnap or detain another, or in any other manner deprive him of his liberty,
a. What is the effect of pardon granted by the offended party prior to shall suffer the penalty of reclusión temporal:
the filing to the complaint for Rape? 1. If the locking up or detention shall have lasted more than twenty days.
2. If it shall have been committed simulating public authority.
Art. 23 in relation to Art. 344 of the RPC is still a good law. Pardon expressly 3. If any serious physical injuries shall have been inflicted upon the person
made by the offended party bars criminal prosecution. Unlike marriage, locked up or detained, or if threats to kill him shall have been made.
pardon granted prior to the filing of the case does not extinguish criminal
liability. Elements:
1. The offender is a private individual;
b. What is the effect of pardon by the wife in favor of her husband in 2. He kidnaps or detains another or in any other manner deprives the latter
martial Rape? of his liberty;
3. The art of detention or kidnapping must be illegal;
The pardon by the wife in favor of her husband shall extinguish the criminal 4. In the commission of the offense, any of the following circumstances is
action or the penalty already imposed. present:
a. The kidnapping lasts for more than 3 days;
Note: b. It is committed simulating public authority;
 Thus, in cases of martial rape, pardon granted by the wife before the c. Any serious physical injuries are inflicted upon the person kidnapped or
filling of the case, or during the pendency of the case shall extinguish the detained or threats to kill him are made; or
criminal action. After conviction or after the imposition of sentence, the d. The person kidnapped or detained is a minor, female, or a public officer.
pardon shall likewise extinguish the penalty.
 It may be express or implied. Article 267 has been modified by RA 7659 in the ff:
1. Illegal detention becomes serious when it shall have lasted for more than
8. Subsequent valid marriage between the offender and the offended 3 days, instead of 5 days as originally provided;
party extinguishes the criminal liability of the accused or the penalty
23

2. In par 4, if the person kidnapped or detained was a minor and the offender
already imposed. was anyone of the parents, the latter has been expressly excluded from
the provision. The liability of the parent is provided for in the last
Page

UNDER RA 8353: What is the effect of subsequent valid marriage? Art. 266-C. paragraph of Article 271;
Effect of Pardon.

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

3. A paragraph was added to Article 267, which states:


Summary: In kidnapping thought he motive of the accused for the correct
When the victim is killed or as a consequence of the detention or is raped, or designation of the crime. Motive is not an essential element of a crime but it
is subjected to torture, or dehumanizing acts, the maximum penalty shall be is important on certain instances to determine what crime is committed. Thus,
imposed. when the act brings about variant crimes, motive is important.
The amendment brings about a composite crime of kidnapping with homicide
when it is the victim of the kidnapping who was killed, or dies as a consequence FORCIBLE GRAVE ILLEGAL SPECIAL
of the detention and, thus, only one penalty is imposed which is death. ABDUCTION COERCION DETENTION COMPLEX
CRIME
Note: Kidnapping is a transitory crime. It can be filed in those places where Committed if a Committed if a Committed if a Although 2 or
kidnapping was done, in the exclusion of other courts, where the elements of woman is taken woman is dragged woman is taken more crimes are
against her will to a distance of 5 against her will committed, in the
kidnapping are present.
with lewd designs meters against without lewd eyes of the law
and is transported her will designs and is there is only one
People vs Godoy 250 SCRA 676 from one place to transported from criminal liability. It
It is basic that for kidnapping to exist, there must be indubitable proof that the another one place to is also known as
actual intent of the malefactor was to deprive the offended party of her another component crime
liberty. In the present charge for that crime, such intent has not at all been or single
established by the prosecution. indivisible
offense.
To recall, complainant testified that appellant by himself went to fetch her at
her parents' house the day after the alleged rape incident. In her own words,
appellant courteously asked her parents to permit her to help him solicit
Note: When the victim is killed or dies as a consequence of the detention, or
contributions for her candidacy. When they left the house, appellant walked
is raped, or is subjected to torture or dehumanizing acts, the maximum penalty
ahead of her, obviously with her parents and their neighbors witnessing their
shall be imposed. (RA 7659 amending Art 267 RPC)
departure. It is difficult to comprehend how one could deduce from these
normal and innocuous arrangement any felonious intent of appellant to
Notes:
deprive complainant of her liberty. One will look in vain for a case where a
 Kidnapping with Homicide: The term Homicide is used in its generic
kidnapping was committed under such inauspicious circumstances as
sense;
described by complainant.
People vs Rimorin 332 SCRA
When the couple transferred to Edward's Subdivision, they walked along the
Where the person kidnapped is killed in the course of detention, regardless of
national highway in broad daylight. Complainant, therefore, had more than
whether the killing was purposely sought or was merely an afterthough, the
ample opportunity to seek the help of other people and free herself from
kidnapping and murder or homicide can no longer be complexed under Article
appellant if it were true that she was forcibly kidnapped and abused by the
48, nor be treated as separate crimes but shall be punished as a special
latter. In fact, several opportunities to do so had presented themselves from
complex crime of Kidnapping with Homicide. RA 7659
the time they left complainant's home and during their extended stay in the
hotel and in the lodging house.
 Kidnapping with Homicide not Kidnapping with Murder. If the kidnap
We agree with appellant's contention that the prosecution failed to prove any
victim is killed the crime committed is the special complex crime of
motive on his part for the commission of the crime charged. In one case, this
Kidnapping with homicide. It is not the ordinary complex crime under
Court rejected the kidnapping charge where there was not the slightest hint of
Article 48 of the RPC but a special complex crime under RA 7659 which
a motive for the crime. It is true that, as a rule, the motive of the accused in a
modified Article 267 of the Code. It does not matter anymore if the
criminal case is immaterial and, not being an element of a crime, it does not
purpose of the kidnapping is to demand ransom or not.
have to be proved. Where, however, the evidence is weak, without any motive
 Kidnapping with Homicide- A Special Complex Crime or Composite Crime.
being disclosed by the evidence, the guilt of the accused becomes open to a
reasonable doubt and, hence, an acquittal is in order. Nowhere in the
People vs Ramos GR # 118570
testimony of either the complainant or her mother can any ill motive of a
Where the person kidnapped is killed in the course of the detention, regardless
criminal nature be reasonably drawn. What actually transpired was an
of whether the killing is sought or was merely an afterthought, the kidnapping
elopement or a lovers' tryst, immoral though it may be.
and murder or homicide can no longer be complexed under Art. 48, nor be
treated as separate crimes, but shall be punished as a special complex crime
 It is only the private individual who can commit this crime, when a private
of Kidnapping with Homicide under the last paragraph of Art. 267, as amended
individual will detain another. If it is committed by a public official, then
by RA 759. xxx Hence, the death of the victim may be considered “a
arbitrary detention is committed under Article 124, unless he has no such
consequence of the kidnapping for ransom.”
duty to detain.
 The carrying away of the victim can either be made forcibly or
Notes:
fraudulently.
 Because of the amendment, there is now the composite crime of
 It is not necessary that the victim be tied or locked up in a room. There is
kidnapping with homicide which has only one penalty. In the composite
illegal detention when the freedom of movement is restricted. You are
crime of kidnapping with homicide, the term “homicide” is used in the
brought to a safehouse, you can move but you cannot get out- it is still
generic sense and, thus, covers all forms of killing whether in the nature
serious illegal detention.
of murder or otherwise. It does not matter whether the purpose of the
 In a robbery, when the robber will tell one not to move, the crime is
kidnapping was to kill the victim or not, as long as the victim was killed or
robbery not serious illegal detention because it is momentary and the
died as a consequence of the kidnapping or detention. There is no more
intention is the commission of the crime of robbery. Not moving is only
separate crime of kidnapping and murder if the victim was kidnapped not
part and parcel of it.
for the purpose of killing her.
 The homicide in kidnapping with homicide is used in its generic sense and
RANSOM it is the money, price or consideration paid or demanded for the
includes homicide or murder because killing is not a crime but a qualifying
redemption of a detained person.
circumstance. This is single indivisible offense, not a complex crime.
Regardless of the number of persons killed (who must be the kidnap
GRAVAMEN:
24

victims) there is one crime only of kidnapping with homicide. The killing
a. Kidnapping: taking and transporting of a person against his will from one
or death here is with reference only to the victim, if another person is
place to another.
Page

killed, killing is a separate crime.


b. Illegal Detention: restraining of a person of his freedom or liberty.

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

 How should the crime be designated when the kidnap victim was killed by The crime of serious illegal detention consists not only of placing a person in
his abductor? The proper designation of the crime now is kidnapping wit an enclosure, but also of detaining him or depriving him in any manner of his
homicide. liberty. For there to be kidnapping, it is enough that the victim is restrained
 This new ruling eliminated the distinction drawn by the courts between from going home. Its essence is the actual deprivation of the victim's liberty,
those cases where the killing of the victim was not deliberately resorted coupled with indubitable proof of the intent of the accused to effect such
but was merely an afterthought. deprivation. In the present case, although AAA was not actually confined in an
enclosed place, she was clearly restrained and deprived of her liberty, because
People of the Philippines vs Franco De Guzman y Yanzon. she was tied up and her mouth stuffed with a piece of cloth, thus, making it
The essence of the crime of kidnapping is the actual deprivation of the victim's very easy to physically drag her to the forest away from her home.
liberty, coupled with indubitable proof of the intent of the accused to effect
the same. The crime of serious illegal detention consists not only of placing a  Kidnapping with Rape
person in an enclosure, but also of detaining him or depriving him in any Qualify:
manner of his liberty. When deprivation of liberty occurs under any of the a. If the kidnap victim was raped, the crime committed is the composite
circumstances listed under Article 267, paragraph 4 is present, the crime of crime or single indivisible offense of KIDNAPPING WITH RAPE. If the
kidnapping and serious illegal detention is consummated. victim was raped several times, there is only one crime of kidnapping
The foregoing clearly showed that AAA was deprived of his liberty when he with rape that is committed.
yielded to the dictates of appellant and did not leave the house out of fear.
Appellant instilled such fear into AAA making him believe that he is a Sultan Note: In a way, it depreciated the seriousness of the rape because no matter
who has bodyguards constantly watching AAA's every move. The minor AAA how many times the victim was raped, there will only be one crime of
thus realized he was already being detained ("nakakulong") being under the kidnapping with rape.
control of his captor, appellant, who will prevent him from leaving should he
attempt to do so. b. Bear in mind however that in kidnapping with rape. The taking of the
We have held that the following elements must be established by the kidnap victim should not be with lewd designs because if it is and the
prosecution to obtain a conviction for kidnapping, viz.: (a) the offender is a victim was raped, the crime committed is FORCIBLE ABDUCTION WITH
private individual; (b) he kidnaps or detains another, or in any manner deprives RAPE. If the victim was raped several times there is still a single offense
the latter of his liberty; (c) the act of detention or kidnapping must be illegal; of FORCIBLE ABDUCTION WITH RAPE. Each of the other rapes would be
and (d) in the commission of the offense, any of the following circumstances separate and distinct counts of rape.
is present: (1) the kidnapping or detention lasts for more than three days; (2)
it is committed by simulating public authority; (3) any serious physical injuries People vs Gerod September 24, 2004
are inflicted upon the person kidnapped or detained, or threats to kill him are “When the victim was subjected to penetration 3 times, first on the bed and
made; or (4) the person kidnapped or detained, is a minor, a female, or a public to the other portions of the room, but the sexual assault constituting a series
officer. If the victim is a minor, or is kidnapped or detained for the purpose of of acts on the same occasion under a single criminal intent, then the accused
extorting ransom, the duration of detention becomes immaterial. The essence is liable ONLY for one crime of rape.”
of kidnapping is the actual deprivation of the victim's liberty, coupled with
indubitable proof of the intent of the accused to effect such deprivation. People vs Obrique January 20, 2004
The fact that AAA voluntarily went with appellant to Antipolo, upon appellant's There is only one crime of rape. Tan awaninyoang decisions sa SC na notice
pretension that he had to open the vault of his house, is immaterial. What is ninyona for every ejaculation, one count. Pag human napud, 2 counts etc. But
controlling is the act of the accused in detaining the victim against his or her here the SC said, it came from one criminal intent daw of raping. You cannot
will after the offender is able to take the victim in his custody. In short, the divide the criminal intent from one rape to second rape and the 3rd rape.
carrying away of the victim in the crime of kidnapping and serious illegal Can the accused be convicted for qualified rape when the information here
detention can either be made forcibly or, as in the instant case, fraudulently. states that the complainant is the niece of the accused without specifying that
the accused was a relative by consanguinity within the 3rd civil degree?
People vs Miraflor Lerio GR # 209039 Again the case of Obrique, the SC said na kaya nga that the information was
The Court finds no reason to reverse the factual findings of the RTC, as defective. The accused can only be convicted with the crime of simple rape
affirmed by the CA. The prosecution has established the elements of and not the qualified form.
kidnapping under Article 267, paragraph 4 of the Revised Penal Code, to wit:
(1) the offender is a private individual; (2) he kidnaps or detains another, or in
any other manner deprives the latter of his or her liberty; (3) the act of People vs Lactao
detention or kidnapping is illegal; and (4) the person kidnapped or detained is The crime is serious illegal detention if the purpose was to deprive the
a minor, female or a public officer. offended party of her liberty. If in the course of the illegal detention, the
The prosecution has adequately and satisfactorily proven that accused- offended party was raped, a separate crime of rape would be committed
appellant is a private individual; that accusedappellant took one-month old because there is no complex crime of serious illegal detention with rape. Illegal
baby Justin Clyde from his residence, without the knowledge or consent of, detention is not a necessary means of the commission of rape.
and against the will of his mother; and that the victim was a minor, onemonth
old at the time of the incident, the fact of which accused-appellant herself People vs Bernal 131 SCRA 1
admitted. The appellants were held guilty of separate crimes of serious illegal detention
In addition, accused-appellant's defense of denial, like alibi, is inherently weak and of multiple rapes. With the amendment brought about by RA 7659,
and if uncorroborated, is impotent. It constitutes self-serving negative making rape a qualifying circumstance in the crime of kidnapping and serious
evidence which cannot be given greater evidentiary weight than the illegal detention, the jurisprudence is superseded to the effect that the rape
declaration of credible witnesses who testified on affirmative matters. should be a distinct crime. Article 48 on complex crimes may not apply when
The prescribed penalty for kidnapping a minor under Article 267 of the Revised serious illegal detention and rape are committed by the same offender. The
Penal Code, as amended by Republic Act No. 7659, is reclusion perpetua to offender of will be charged for the composite crime of serious illegal detention
death. with rape as a single indivisible offense regardless of the number of times the
Since neither aggravating nor mitigating circumstances attended the victim was raped.
commission of the felony, the RTC properly imposed the penalty of reclusion
perpetua , together with the accessory penalty provided by law.  After taking the victim with her, the accused went to their safehouse
25

prompting them to kill the victim in her car, the crimes committed are
Lagim vs People February 4, 2010 kidnapping for ransom and murder. She was not taken to be killed, killing
Page

In the case at bar, Sajiron and Maron, who are private individuals, forcibly took was only an afterthought.
and dragged AAA, a minor, to the forest and held her captive against her will.

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

People vs Enanoria 209 SCRA 577 the latter absorbs the former, or whether the accused had his own personal
Based on the foregoing, there can be no other conclusion than that Enanoria’s motives for committing the murder independent of his membership in the
extrajudicial statement is admissible as evidence. As it sets out in detail his rebellious movement in which case rebellion and murder would constitute
participation in the kidnapping and the eventual murder of Mrs. Dakudao, separate offenses. Also, where injuries were inflicted on a person in authority
Enanoria’s responsibility has been pinpointed. However, Enanoria’s who was not then in the actual performance of his official duties, the motive
extrajudicial confession is not the sole basis for his conviction. He has been of the offender assumes importance because if the attack was by reason of the
positively identified by Pfc. Aquino Serenio as one of those who scampered previous performance of official duties by the person in authority, the crime
out of the Ford Laser car when it stopped due to flat tires. Enanoria could have would be direct assault; otherwise, it would only be physical injuries.
disproved this testimony but he failed to do so. Neither did he present proof In the case at bar, there is no showing whatsoever that appellants had any
that Pfc. Serenio had a motive or reason for his inculpation. Moreover, as motive, nurtured prior to or at the time they committed the wrongful acts
correctly pointed out by the Solicitor General, his flight from the scene of the against complainant, other than the extortion of money from her under the
crime strongly indicated his guilt. compulsion of threats or intimidation. This much is admitted by both
Conspiracy has also been proven beyond reasonable doubt by the concerted appellants, without any other esoteric qualification or dubious justification.
action of Enanoria and his companions. As Enanoria admitted in his Appellant Puno, as already stated, candidly laid the blame for his predicament
supplemental sworn statement, in kidnapping Mrs. Dakudao, his group on his need for funds for, in his own testimony, "(w)hile we were along the
adopted the same modus operandi they had used in other kidnappings: they way Mam (sic) Corina was telling me "Beloy, I know your family very well and
would wait for the owner to board his or her car, get in the car with him or her I know that your (sic) not (a) bad person, why are you doing this?" I told her
and bring the owner to either Tunggol or Kabacan, North Cotabato where Eboy "Mam, (sic), because I need money and I had an ulcer and that I have been
had a house. getting an (sic) advances from our office but they refused to give me any bale
The crime committed is kidnapping for ransom for which the death penalty is (sic). . . ."
imposable under the last paragraph of Art. 267 of the Revised Penal Code. With respect to the specific intent of appellants vis-a-vis the charge that they
Since the death penalty has been constitutionally abolished, the penalty had kidnapped the victim, we can rely on the proverbial rule of ancient
imposable on the appellant is reclusion perpetua. There is no proof that Mrs. respectability that for this crime to exist, there must be indubitable proof that
Lea Dakudao was kidnapped for the purpose of killing her so as to make the the actual intent of the malefactors was to deprive the offended party of her
offenses one of kidnapping for ransom and murder a complex crime. What is liberty, and not where such restraint of her freedom of action was merely an
evident is the fact that the killing was perpetrated, apparently as an incident in the commission of another offense primarily intended by the
afterthought after the Ford Laser car had been rendered immobile, while Mrs. offenders. Hence, as early as United States vs Ancheta, and consistently
Dakudao was in the custody of armed men which included Enanoria. Hence, reiterated thereafter, it has been held that the detention and/or forcible
the killing is qualified by abuse of superiority and with the aid of armed men. taking away of the victims by the accused, even for an appreciable period of
That it was committed while the Ford Laser car was being shot at by then time but for the primary and ultimate purpose of killing them, holds the
pursuing police does not erase the crime there being proof that the bullets offenders liable for taking their lives or such other offenses they committed in
which killed Mrs. Dakudao came from a .38 caliber revolver like the gun relation thereto, but the incidental deprivation of the victims' liberty does not
retrieved from appellant during his arrest. There being conspiracy, appellant constitute kidnapping or serious illegal detention.
is also liable for murder notwithstanding his claim that it was Amil who shot That appellants in this case had no intention whatsoever to kidnap or deprive
Mrs. Dakudao. For murder, Enanoria should suffer the separate penalty of the complainant of her personal liberty is clearly demonstrated in the veritably
reclusion perpetua, the medium period of the penalty of reclusion temporal confessional testimony of appellant Puno
maximum to death, in the absence of any aggravating or mitigating Neither can we consider the amounts given to appellants as equivalent to or
circumstances. in the nature of ransom, considering the immediacy of their obtention thereof
from the complainant personally. Ransom, in municipal criminal law, is the
People vs Akiran 18 SCRA 239 money, price or consideration paid or demanded for redemption of a captured
The accused was convicted for kidnapping qualified by ransom. He claim that person or persons, a payment that releases from captivity. It can hardly be
his intention at most was to compel the victim to fulfill his promise to pay assumed that when complainant readily gave the cash and checks demanded
hospital expenses. Such purpose to compel payment is embraced by the from her at gun point, what she gave under the circumstances of this case can
phrase kidnapping for ransom. be equated with or was in the concept of ransom in the law of kidnapping.
Demand for ransom is a law which originated from the US. They call it the These were merely amounts involuntarily surrendered by the victim upon the
Lindbergh Law. The US interpreted ransom to mean money, price or occasion of a robbery or of which she was summarily divested by appellants.
consideration paid or demanded for the redemption of a captured person, a Accordingly, while we hold that the crime committed is robbery as defined in
payment which releases one from the captivity. Article 293 of the Code, we, however, reject the theory of the trial court that
the same constitutes the highway robbery contemplated in and punished by
Actual demand for ransom is not necessary as long as the kidnapping was Presidential Decree No. 532.
committed for the purpose of extorting ransom. Contrary to the postulation of the Solicitor General, Presidential Decree No.
532 is not a modification of Article 267 of the Revised Penal Code on
People vs Puno 219 SCRA 85 kidnapping and serious illegal detention, but of Articles 306 and 307 on
The primal issue for resolution in this case is whether accused-appellants brigandage. This is evident from the fact that the relevant portion thereof
committed the felony of kidnapping for ransom under Article 267 of the which treats of "highway robbery" invariably uses this term in the alternative
Revised Penal Code, as charged in the information; or a violation of and synonymously with brigandage, that is, as "highway robbery/brigandage."
Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of This is but in line with our previous ruling, and which still holds sway in criminal
1974), as contended by the Solicitor General and found by the trial court; or law, that highway robbers (ladrones) and brigands are synonymous.
the offense of simple robbery punished by Paragraph 5, Article 294 of the
Revised Penal Code, as claimed by the defense. People vs Dela Cruz August 11, 1997
Prefatorily, it is worth recalling an accepted tenet in criminal law that in the In a prosecution for kidnapping, the intent of the accused to deprive the victim
determination of the crime for which the accused should be held liable in those of the latter's liberty, in any manner, needs to be established by indubitable
instances where his acts partake of the nature of variant offenses, and the proof (People vs Puno, 219 SCRA 85 [1993]). The acts held by the trial court,
same holds true with regard to the modifying or qualifying circumstances and maintained by the People, as consummating the crime of kidnapping in
thereof, his motive and specific intent in perpetrating the acts complained of this case are those when accused-appellant held the victim's hand and refused
are invaluable aids in arriving at a correct appreciation and accurate conclusion to let go when the victim asked to go over to her neighbor, who by then already
26

thereon. saw what was happening. This happened for only a very brief span of time and
Thus, to illustrate, the motive of the accused has been held to be relevant or the evidentiary record shows that there were a good number of people
Page

essential to determine the specific nature of the crime as, for instance, present at that time, that a guard was stationed at the gate, and that there
whether a murder was committed in the furtherance of rebellion in which case was at least a teacher nearby. The child could have just as easily shouted for

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

help. While it does not take much to scare the wits out of a small child like Illegal Detention – committed if a woman is taken against her will without
Whiazel, under the attendant circumstances, we cannot say with certainty that lewd designs and is transported from one place to another
she was indeed deprived of her liberty. It must further be noted that up to that
brief moment when Cecilia saw them, and the child asked to be let go, the  When the compulsion is legitimate, there is no coercion. This is true in
victim had gone with accused-appellant voluntarily. Without any further act giving of medicine.
reinforcing the inference that the victim may have been denied her liberty,
even taking cognizance of her minority, the Court hesitates to find that If the taking was forcible abduction, and the woman was raped several times,
kidnapping in the case at bar was consummated. To our mind, the felony there would only be one crime of forcible abduction with rape, and each of the
committed is kidnapping and serious illegal detention of a minor in the other rapes would constitute distinct counts of rape.
attempted stage only. In the case at bar, accused-appellant already
commenced her criminal scheme by taking hold of Whiazel by the hand and The main distinction between kidnapping and forcible abduction is the
leading her out of the school premises. As mentioned earlier, these do not presence or absence of lewd designs. If the taking of the victim is coupled with
sufficiently establish that kidnapping had been consummated. However, lewd designs, it is forcible abduction. If the intention is only to detain, it is
considering other attendant facts and circumstances, it does reveal that kidnapping.
accused-appellant had less than noble intentions with the victim. Firstly, the
child was led to believe that accused-appellant wanted to see the dentist. It is In grave Coercion if there is no intent to deprive a person of his liberty. If the
not clear, however, that there really was a Dr. Medina employed by the school evidence does not adequately prove this element, the accused cannot be held
as dentist. Not even the guidance counselor who testified for the defense liable for kidnapping.
made any specific mention of the doctor. Secondly, if accused-appellant
wanted to see the dentist, why was she on her way out? If it is true she had People vs Astorga 283 SCRA 420
already gone to the clinic and found no one there and that she then decided The accused and the victim were strolling on the school grounds. The accused
to leave, what else was she doing with the child? Thirdly, accused-appellant took the victim to the highway leading to another town. The victim told the
did not simply ask for directions; she wanted the victim to accompany her. accused that she wanted to go to the station but the accused refused to let
That seems suspicious enough. And of all people, why ask a seven-year old? her go.
Fortunately, the further progress and completion of accused-appellant's The crime is grave coercion. Where the victim was merely dragged to another
felonious design was thwarted by the timely intervention of Cecilia Caparos, place, there was no confinement or detention of the victim.
the victim's neighbor.
People vs SPO1 Gonzales February 17, 2016 GR # 192233
Egap, Sajiron, Maron Lajim vs People February 4, 2010 On 30 January 2006, appellant was charged with Kidnapping for Ransom in the
15-year-old AAA and her aunt Dama were fetching water when Sajiron arrived following Information:
with a bolo and told AAA to go with him. Dama reported to AAA’s mother. That on December 28, 2005, at about 10:30 o'clock in the morning in the
Sajiron and Maron refused to go with them so they tied her and brought her Municipality of Tanza, Province of Cavite and within the jurisdiction of this
to the forest where she was undressed. She pleaded not to abuse her but he Honorable Court, the abovenamed accused, conspiring, confederating, and
told her that if she submitted he will let her live. Maron stood guard. AAA was mutually helping one another, with threats and/or intimidation and through
brought to Egap and detained. He was instructed to shoot her if she will try to the use of force, did then and there, willfully, unlawfully, and feloniously take,
escape. AAA and Sajiron were married against her will and without her carry away, and deprive PETER TAN and his son MICHAEL TAN, a minor of two
parents. They stayed in one room. She was abused twice every night. A case (2) years of age, of their respective liberties against their will for the purpose
of abduction with rape was filed against Sajiron while serious illegal detention of extorting money as in fact a demand for money in the amount of Three
was filed against Egap. There is conspiracy that existed. Million (P3,000,000.00) Pesos, Philippine Currency, was demanded as a
condition for their safe release to their damage and prejudice.
With the attendance of the aggravating circumstance of abuse of authority
 A forcibly took X and brought him to La Union and kept him under heavy against SPO1 CATALINO GONZALES, PS1 NATHANIEL CAPITENEA and PO2
security. On the following day, A brought X to Dagupan City and continued ARDEN G. LANAZA, being active members of the Philippine National Police.
to deprive him of liberty. On the third day, A brought X to Tarlac. On the Issue: Whether or not time is an element in the crime of Kidnapping.
fourth day and still depriving the victim of his liberty brought X to Manila. Ruling: The alleged inconsistencies related to the time the kidnapping was
A committed kidnapping and serious illegal detention. He took the victim committed. The elements of kidnapping for ransom under Article 267 of the
against his will and brought him from one place to another depriving him Revised Penal Code (RPC), as amended, are as follows: (a) intent on the part of
of his liberty. The detention lasted for more than 3 days. the accused to deprive the victim of his liberty; (b) actual deprivation of the
 Piolo invited Rosa for a joyride. She wanted to go home but he brought victim of his liberty; and (c) motive of the accused, which is extorting ransom
her to his home and let her sign a promissory note to marry him. He is for the release of the victim. Time is not a material ingredient in the crime of
liable for serious illegal detention. kidnapping. As long as all these elements were sufficiently established by the
prosecution, a conviction for kidnapping is in order.
 Serious Illegal Detention with Rape Issue: Whether the corpus delicti was proven despite the nonpresentation of
the kidnap victims during trial.
Ruling: Appellant stresses that the corpus delicti was not proven because Tan
In kidnapping, though the motive of the accused must be ascertained for the could not be found. Corpus delicti is the fact of the commission of the crime
correct designation of the crime, motive is not an essential element of a crime which may be proved by the testimony of the witnesses who saw it.
but it is important on certain instances to determine what crime is committed. The corpus delicti in the crime of kidnapping for ransom is the fact that an
Thus, when the act brings about variant crimes, motive is important. individual has been in any manner deprived of his liberty for the purpose of
extorting ransom from the victim or any other person.
Forcible Abduction – committed if a woman is taken against her will with lewd To prove the corpus delicti , it is sufficient for the prosecution to be able to
designs and is transported from one place to another show that (1) a certain fact has been proven — say, a person has died or a
building has been burned; and (2) a particular person is criminally responsible
Kidnapping – committed when a person is deprived of his liberty and is for the act.
transported from one place to another
In forcible abduction, there is the presence of lewd design. KIDNAPPING FORCIBLE ABDUCTION
27

If the intention is only to detain. If the taking of the victim is coupled with
Grave Coercion – committed if a woman is dragged to a distance of 5 meters lewd designs.
Page

against her will

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

People vs Mirandilla July 27, 2011 People vs Petrus Yau et. al. August 20, 2014
A was with her sister in the town disco. X ordered her not to shout and brought The elements of Kidnapping For Ransom under Article 267 of the RPC, as
A to a faraway house. He forced himself into her. When A woke up she found amended by R.A. No. 7659, are as follows: (a) intent on the part of the accused
herself alone and shouted but no one heard her. X arrived with his gang. He to deprive the victim of his liberty; (b) actual deprivation of the victim of his
drove her to another place and raped repeatedly. She succeeded in escaping liberty; and (c) motive of the accused, which is extorting ransom for the release
and ran for 2 nights. X was charged with the special complex crime of of the victim.
kidnapping with rape, 4 counts of rape, and 1 count of rape through sexual All of the foregoing elements were duly established by the testimonial and
assault. documentary evidences for the prosecution in the case at bench. First, Petrus
Notably, however, no matter how many rapes had been committed in the is a private individual. Second, Petrus kidnapped Alastair by using sleeping
special complex crime of kidnapping with rape, the resultant crime is only one substance which rendered the latter unconscious while inside a taxicab driven
kidnapping with rape. This is because these composite acts are regarded as a by the said accused-appellant. Third, Petrus took and detained Alastair inside
single indivisible offense as in fact R.A. No. 7659 punishes these acts with only the house owned by him and Susana Yau in Bacoor, Cavite, where said victim
one single penalty. In a way, R.A. 7659 depreciated the seriousness of rape was handcuffed and chained, and hence, deprived of his liberty. Fourth,
because no matter how many times the victim was raped, like in the present Alastair was taken against his will. And fifth, Petrus made demands for the
case, there is only one crime committed – the special complex crime of delivery of a ransom in the amount of US$600,000.00 for the release of the
kidnapping with rape. victim.
It having been established that Mirandilla’s act was kidnapping and serious Anent the criminal liability of each accused-appellant, there is no doubt that
illegal detention (not forcible abduction) and on the occasion thereof, he Petrus is liable as principal of the crime of kidnapping for ransom. Susana, on
raped AAA several times, We hold that Mirandilla is guilty beyond reasonable the other hand, is liable only as an accomplice to the crime as correctly found
doubt of the special complex crime of kidnapping and serious illegal detention by the lower courts. It must be emphasized that there was no evidence
with rape, warranting the penalty of death. However, in view of R.A. No. 9346 indubitably proving that Susana participated in the decision to commit the
entitled, An Act Prohibiting the Imposition of Death Penalty in the Philippines, criminal act. The only evidence the prosecution had against her was the
the penalty of death is hereby reduced to reclusion perpetua, without testimony of Alastair to the effect that he remembered her as the woman who
eligibility for parole. gave food to him or who accompanied his kidnapper whenever he would bring
We hold that the separate informations of rape cannot be considered as food to him every breakfast, lunch and dinner. Jurisprudence is instructive of
separate and distinct crimes. the elements required, in accordance with Article 18 of the RPC, in order that
a person may be considered an accomplice, namely, (1) that there be a
People vs Dionaldo et. al. July 23, 2014 community of design; that is, knowing the criminal design of the principal by
Anent the finding that conspiracy attended the commission of the crime, the direct participation, he concurs with the latter in his purpose; (2) that he
Court likewise finds the conclusion of the RTC in this regard, as affirmed by the cooperates in the execution by previous or simultaneous act, with the
CA, to be well-taken. Conspiracy exists when two or more persons come to an intention of supplying material or moral aid in the execution of the crime in an
agreement concerning the commission of a felony and decide to commit it, efficacious way; and (3) that there be a relation between the acts done by the
and when conspiracy is established, the responsibility of the conspirators is principal and those attributed to the person charged as accomplice.
collective, not individual, rendering all of them equally liable regardless of the In the case at bench, Susana knew of the criminal design of her husband,
extent of their respective participations. In this relation, direct proof is not Petrus, but she kept quiet and never reported the incident to the police
essential to establish conspiracy, as it can be presumed from and proven by authorities. Instead, she stayed with Petrus inside the house and gave food to
the acts of the accused pointing to a joint purpose, design, concerted action, the victim or accompanied her husband when he brought food to the victim.
and community of interests. Hence, as the factual circumstances in this case Susana not only countenanced Petrus’ illegal act, but also supplied him with
clearly show that accused-appellants acted in concert at the time of the material and moral aid. It has been held that being present and giving moral
commission of the crime and that their acts emanated from the same purpose support when a crime is being committed make a person responsible as an
or common design, showing unity in its execution, the CA, affirming the trial accomplice in the crime committed.
court, correctly ruled that there was conspiracy among them.
The foregoing notwithstanding, the Court is, however, constrained to modify People vs Aczon 225 SCRA 237
the ruling of the RTC and the CA, as the crime the accused-appellants have Although the information charged the accused-appellant with the crime of
committed does not, as the records obviously bear, merely constitute kidnapping with rape, the body of the information alleged a crime of forcible
Kidnapping and Serious Illegal Detention, but that of the special complex crime abduction with rape, and the evidence proved at the trial is that of forcible
of Kidnapping for Ransom with Homicide. This is in view of the victim’s (i.e., abduction with rape. It is settled that what controls is not the designation of
Edwin’s) death, which was (a) specifically charged in the Information, and (b) the offense but the description thereof as alleged in the information. And as
clearly established during the trial of this case. described therein, the offense imputed to Villamor Aczon contains all the
This amendment introduced in our criminal statutes the concept of „special essential elements of forcible abduction with rape, to wit: (1) the taking of a
complex crime‟ of kidnapping with murder or homicide. It effectively woman against her will; (2) the taking is with lewd designs and (3) the rape of
eliminated the distinction drawn by the courts between those cases where the the woman was accomplished through force or intimidation. Here, Emily
killing of the kidnapped victim was purposely sought by the accused, and those Miranda testified that the short man, which is accused-appellant, had a knife
where the killing of the victim was not deliberately resorted to but was merely with which she was threatened. Under the facts proven by the prosecution,
an afterthought. Consequently, the rule now is: Where the person kidnapped accused-appellant committed the complex crime of forcible abduction with
is killed in the course of the detention, regardless of whether the killing was rape as the forcible abduction was the necessary means to commit the crime
purposely sought or was merely an afterthought, the kidnapping and murder of rape. The element of "lewd design" was established by the actual rape.
or homicide can no longer be complexed under Art. 48, nor be treated as Pursuant to Article 48 of the Revised Penal Code, in complex crimes the
separate crimes, but shall be punished as a special complex crime under the penalty for the more serious crime shall be imposed. Article 342 of the said
last paragraph of Art. 267, as amended by RA No. 7659. Code penalizes forcible abduction with the penalty of reclusion temporal while
Thus, further taking into account the fact that the kidnapping was committed Article 335 penalizes the crime of rape with reclusion perpetua. The latter
for the purpose of extorting ransom, accused-appellants’ conviction must be then, is the more serious crime. The penalty to be imposed is, therefore,
modified from Kidnapping and Serious Illegal Detention to the special complex reclusion perpetua.
crime of Kidnapping for Ransom with Homicide, which carries the penalty of
death. As earlier intimated, the enactment of RA 9346 had suspended the  Grave Coercion if there is no intent to deprive a person of his liberty.
imposition of the death penalty. This means that the accused-appellants could,  Grave Coercion not Kidnapping if there was no Confinement, Detention
28

as the CA and trial court properly ruled, only be sentenced to the penalty of or Lock Up.
reclusion perpetua. To this, the Court adds that the accused-appellants are not
Page

eligible for parole.

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

Lock Up is included in the broader term of detention which refers not only to arrest since you arrested him one month after and not when he was
the placing of a person in an enclosure which he cannot leave, but also to any committing the crime.
other deprivation on liberty which does not necessarily involve in locking up. b. A stabbed B. C saw it and informed D. D went to A’s house and arrested
him for the purpose of delivering A to the authorities. D committed
ILLEGAL DETENTION ARBITRARY DETENTION unlawful arrest.
Committed by a private individual who Committed by a public officer who c. A and B disagreed and had a fistfight where A had the upperhand and
detains or deprives another of liberty. detains or deprives another of liberty. tied B with rope and brought B to the municipal judge. The fact that he
brought the accused to the judge does not exonerate him from unlawful
A crime against personal liberty and A crime against the fundamental law of arrest.
security the state
d. A was woken because of his wife quarreling with his driver. He arrested
him and brought him to the police station. The arrest was unauthorized
ARTICLE 268. Slight Illegal Detention. — The penalty of prisión mayor shall be by law or there is no reasonable ground for the arrest.
imposed upon any private individual who shall commit the crimes described in
the next preceding article without the attendance of any of the circumstances
UNLAWFUL ARREST ARBITRARY DETENTION
enumerated therein. A private individual or even public officer The public officer detains another
The same penalty shall be incurred by anyone who shall furnish the place for arrests or detains another without legal without legal ground.
the perpetration of the crime. ground.
The offender is a public officer whose
If the offender shall voluntarily release the person so locked up or detained normal duty is law enforcement, like a
within three days from the commencement of the detention, without having policeman. He has no warrant in the
attained the purpose intended, and before the institution of criminal arrest and the detention is without legal
proceedings against him, the penalty shall be prisión correccional in its basis.
minimum and medium periods and a fine not exceeding 500 pesos.
SECTION TWO- Kidnapping of Minors
Elements:
1. The offender is a private individual; ARTICLE 270. Kidnapping and Failure to Return a Minor. — The penalty
2. He kidnaps or detains another, or in any other manner deprives him of his of reclusión temporal shall be imposed upon:
liberty;
1. Anyone who shall kidnap a child under seven years for the purpose of
3. The act of kidnapping or detention is illegal; and
permanently separating said child from his parents or guardians or the
4. The crime is committed without the attendance of any of the
persons charged with his custody.
circumstances enumerated in Article 267.
2. Any person who, being entrusted with the custody of a minor person,
Notes: shall deliberately fail to restore the latter to his parents or guardians.
 Although the law says “slight”, it is not to be considered as a light felony
because in fact the penalty is reclusion temporal. It is a grave penalty. Elements:
Article 268 is a grave felony. 1. The offender is entrusted with the custody of a minor person (whether
 Under paragraph 2, the penalty for the accomplice who furnished the over or under seven years but less than 18 years of age);
place is the same as that with the principal. 2. He deliberately fails to restore the said minor to his parents or guardians.

Slight Illegal Detention is committed if any of the circ. in the commission of Note: Only person who are entrusted with the custody of the child may
kidnapping or detention enumerated in Art 267 is not present (for privileged commit this crime. It may be committed by the father and mother of the
mitigating circ. to be considered: minor.
1. The offended party is voluntarily released within three days from the start
of illegal detention; It uses the word “kidnapping” but it is out of place. What is punished is the
2. Without attaining the purpose; and deliberate failure of the custodian of the minor to restore the custody of the
3. Before the institution of the criminal action. child to his parents or guardian. The law presupposes that the offender had
lost the right to have custody of the minor and the parents are claiming that
ARTICLE 269. Unlawful Arrest. — The penalty of arresto mayor and a fine not custody.
exceeding 500 pesos shall be imposed upon any person who, in any case other  While 6 year old A was playing, he was taken by B without the knowledge
than those authorized by law, or without reasonable ground therefor, shall of his parents. B was not entrusted with the custody of the child. He is
arrest or detain another for the purpose of delivering him to the proper liable under Article 267 for kidnapping and serious illegal detention and
authorities. not under Article 270.

Elements:
People vs Magno December 2, 2015
1. Offender arrests or detains another person; Information charged him with Kidnapping with Rape. The victim was a 5 month
2. The purpose of the offender is to deliver him to the proper authorities; old baby.
3. The arrest or detention is not authorized by law or there is no reasonable Ruling: The evidence of the prosecution overwhelmingly establishes accused-
ground therefor. appellant’s guilt beyond reasonable doubt of the special complex crime of
Note: kidnapping with rape.
 The crime may be committed by a public officer or a private individual.
The testimony of the eyewitness, which was given full faith and credit by the
 If a person does not commit a crime, he cannot be arrested. Otherwise, lower courts, clearly points to accused appellant as the perpetrator.
Article 269 will be violated even if the purpose is to deliver the person to
the proper authorities. This is a situation not covered by warrantless The prosecution has satisfied the constitutionally required proof that the
arrest. accused-appellant is a private individual; that accused-appellant took AAA, a
baby, without the knowledge or consent of her parents; and that AAA was only
29

a. You know A committed a crime and he ran away. You failed to arrest five-months old at the time of the kidnapping.
him. One month after you see him and you arrest him to deliver him to
Page

the proper judicial authorities. Arresting him is considered as unlawful

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

In a prosecution for kidnapping, the intent of the accused to deprive the victim
of the latter’s liberty, in any manner, needs to be established by indubitable Qualifying circumstance: If the purpose of the offender is to assign the
proof. offended party to some immoral traffic such as prostitution

And in this case, the actual taking of the baby without the consent of her The employment or custody of a minor with the consent of the parent or
parents is clear proof of appellant’s intent to deprive AAA of her liberty. Aside guardian although against the child’s will, cannot be considered involuntary
from the testimony of the eyewitness, rape was also proven by the medical servitude. (US vs Cabang)
findings on AAA. As attested to by her physician, the Medico-Legal Report
confirmed that AAA suffered injuries in her vagina. Distinguish from Illegal Detention:
If the purpose of the private person who kidnaps or detains another is to
ARTICLE 271. Inducing a Minor to Abandon his Home. — The penalty deprive a person of his liberty, the crime is Kidnapping and Illegal Detention. If
of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon the purpose of the kidnapping or detention is to enslave the offended party,
anyone who shall induce a person under age but over seven years to abandon the crime is slavery is committed.
the home of his parents or guardians or the persons entrusted with his
custody. REPUBLIC ACT NO. 9208
ANTI-AIR TRAFFICKING OF PERSONS ACT OF 2003
If the person committing any of the crimes covered by the two preceding
articles shall be the father or the mother of the minor, the penalty shall
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or
be arresto menor or a fine not exceeding 200 pesos, or both. juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means,
Elements: including those done under the pretext of domestic or overseas employment or
1. A minor (whether over or under seven years of age) is living in the home training or apprenticeship, for the purpose of prostitution, pornography, sexual
of his parents or guardians or the person entrusted with his custody; exploitation, forced labor, slavery, involuntary servitude or debt bondage;
2. Offender induces said minor to abandon such home. (b) To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of acquiring,
Notes:
buying, offering, selling or trading him/her to engage in prostitution, pornography,
 Mere inducement consummates the crime. It is not necessary that the sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
minor abandons his/her home as a result of the inducement. (c) To offer or contract marriage, real or simulated, for the purpose of acquiring,
 The father or mother of the minor may also commit this crime. buying, offering, selling, or trading them to engage in prostitution, pornography,
(mitigating) sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;
 Inducement must be done with malice and determined will to cause (d) To undertake or organize tours and travel plans consisting of tourism packages or
damage. When the victims abandoned their home due to restlessness or activities for the purpose of utilizing and offering persons for prostitution,
adventure, the crime is not committed. pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
 The accused induced the minors to abandon the house of their parents (f) To adopt or facilitate the adoption of persons for the purpose of prostitution,
by giving nice clothes and watches. The crime is already committed even pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
if the minors did not abandon their homes. debt bondage;
 Purpose: To discourage and prevent disruption of filial relationship and (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of
undue interference of the parent’s right and duties to the custody of the force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal
minor children in the rearing of them. or sale of organs of said person; and
 There are mitigating circumstances when it is the mother or father who (h) To recruit, transport or adopt a child to engage in armed activities in the Philippines
or abroad.
induces the child.
Section 5 also penalizes acts that promote, facilitate or otherwise assist in the commission
SECTION THREE of the acts enumerated in Section 4.
Slavery and Servitude
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified
ARTICLE 272. Slavery. — The penalty of prisión mayor and a fine of not trafficking:
exceeding 10,000 pesos shall be imposed upon anyone who shall purchase, (a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as
sell, kidnap or detain a human being for the purpose of enslaving him.
the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
If the crime be committed for the purpose of assigning the offended party to servitude or debt bondage;
some immoral traffic, the penalty shall be imposed in its maximum period. (c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons
Elements: conspiring or confederating with one another. It is deemed committed in large scale
1. The offender purchases, sells, kidnaps or detains a human being; if committed against three (3) or more persons, individually or as a group;
2. The purpose of the offender is to enslave such human being; (d) When the offender is an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed by
3. To assign the victim to immoral traffic.
a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member
Acts Punishable:
of the military or law enforcement agencies;
1. Purchasing; (f) When the offender is a member of the military or law enforcement agencies; and
2. Kidnapping; (g) When by reason or on occasion of the act of trafficking in persons, the offended
3. Detaining any person party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome
Slavery – the treatment of a human being as a mere property, stripped of (AIDS).
dignity and human rights. The person is reduced to the level of an ordinary
animal, a mere chattel of material value capable of pecuniary estimation and There is no conspiracy to commit trafficking in persons.
for this reason the offender purchases or sells the same.
People vs Shirley Casio December 3, 2014
30

If the purpose in detaining the person is for enslaving, then the crime Cebu policemen conducted an entrapment operation for the accused who was
committed is slavery. If it is not, then it is illegal detention. Obliging a person a pimp. The accused said that they know what they were doing, that they
Page

to work or render service to one whom he is indebted without remuneration consented.


and to remain there as long as the debt is not paid is constitutive of slavery.

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

With this sadly familiar question being used on the streets of many of our People vs Hadja Lalli October 12, 2011
cities, the fate of many desperate women is sealed and their futures Trafficking in Persons under Sections 3(a) and 4 of RA 9208 is not only limited
vanquished. This case resulted in the rescue of two minors from this pernicious to transportation of victims, but also includes the act of recruitment of victims
practice. Hopefully, there will be more rescues. Trafficking in persons is a for trafficking.
deplorable crime. It is committed even though the minor knew about or In this case, since it has been sufficiently proven beyond reasonable doubt, as
consented to the act of trafficking. discussed in Criminal Case No. 21930, that all the three accused (Aringoy, Lalli
The victim’s consent is rendered meaningless due to the coercive, abusive, or and Relampagos) conspired and confederated with one another to illegally
deceptive means employed by perpetrators of human trafficking. Even recruit Lolita to become a prostitute in Malaysia, it follows that they are also
without the use of coercive, abusive, or deceptive means, a minor’s consent is guilty beyond reasonable doubt of the crime of Qualified Trafficking in Persons
not given out of his or her own free will. committed by a syndicate under RA 9208 because the crime of recruitment for
prostitution also constitutes trafficking.
ARTICLE 273. Exploitation of Child Labor. — The penalty of prisión When an act or acts violate two or more different laws and constitute two
correccional in its minimum and medium periods and a fine not exceeding 500 different offenses, a prosecution under one will not bar a prosecution under
pesos shall be imposed upon anyone who, under the pretext of reimbursing the other. The constitutional right against double jeopardy only applies to risk
himself of a debt incurred by an ascendant, guardian or person entrusted with of punishment twice for the same offense, or for an act punished by a law and
the custody of a minor, shall, against the latter's will, retain him in his service. an ordinance. The prohibition on double jeopardy does not apply to an act or
series of acts constituting different offenses.
Elements:
1. Offender retains a minor in his services; There is no distinction made whether the offended party is a minor or an
2. It is against the will of the minor; adult.
3. It is under the pretext of reimbursing himself of a debt incurred by an
ascendant, guardian or person entrusted with the custody of such minor. EXPLOITATION OF CHILD LABOR SERVICES RENDERED UNDER
COMPULSION IN PAYMENT OF A
The service of the minor must be against his will. DEBT
It is the minor who is compelled to It is the debtor is the one who is
The offender retains a minor in his service, or the service rendered by the render services for the supposed debt of compelled to work for the offender
minor is against the latter’s will. The retention is on the pretext of reimbursing his parents or guardian
the accused on a debt incurred by an ascendant, guardian or person entrusted
with the custody of the minor. Here, there is some degree of restraint on the The service of the debtor is not limited to The service of the debtor is limited to
liberty of the minor. The restraint is on the pretext that the child must serve household or farm work household or farm work
the accused in order to pay an alleged debt incurred by his parents,
The victim necessarily must be a minor It does not distinguish whether the
ascendants, or guardians. victim is a minor or not

If the minor agrees or consents to serve the accused, there is no crime


committed even if the service is rendered to pay the debts of an ascendant.
CHAPTER TWO
Crimes Against Security
REPUBLIC ACT NO. 9231
ANTI-CHILD LABOR ACT OF 2003
SECTION ONE
RA 9231 amended RA 7160 by imposing heavier penalties on parents,
Abandonment of Helpless Persons and Exploitation of Minors
guardians and employers of children below 18 years and below who commit
any of the following acts:
1. Making the child work beyond the maximum numbers of working hours ARTICLE 275. Abandonment of Persons in Danger and Abandonment of One's
provided by said law; Own Victim. — The penalty of arresto mayor shall be imposed upon:
2. Misappropriating the earning of the child and/or failure to set up a trust 4. Anyone who shall fail to render assistance to any person whom he shall
fund for the latter and render a semi-annual accounting of such; find in an uninhabited place wounded or in danger of dying, when he can
3. Using, procuring or offering the child for purpose of prostitution or render such assistance without detriment to himself, unless such
pornographic activities; omission shall constitute a more serious offense.
4. Using, procuring or offering the child for illicit activities, such as 5. Anyone who shall fail to help or render assistance to another whom he
trafficking of drugs and other illegal substances; has accidentally wounded or injured.
5. Making the child work in hazardous working conditions; 6. Anyone who, having found an abandoned child under seven years of age,
6. Subjecting the child to various forms of slavery as defines in RA 9028 shall fail to deliver said child to the authorities or to his family, or shall
(Human Trafficking), including Trafficking of children, recruitment of fail to take him to a safe place.
child soldiers, etc.
Elements:
1. The place is not inhabited;
ARTICLE 274. Services Rendered Under Compulsion in Payment of Debts. — 2. Accused found there a person wounded or in danger of dying;
The penalty of arresto mayor in its maximum period to prisión correccional in 3. Accused can render assistance without detriment to himself
its minimum period shall be imposed upon any person who, in order to require 4. Accused fails to render assistance.
or enforce the payment of a debt, shall compel the debtor to work for him,
against his will, as household servant or farm laborer.
Acts Punishable:
Elements: 1. Failing to render assistance to any person whom the offender finds in an
1. Offender compels a debtor to work for him, either as household servant uninhabited place wounded or in danger of dying when he can render
or farm laborer; such assistance without detriment to himself, unless such omission shall
2. It is against the debtor’s will; constitute a more serious offense;
3. The purpose is to require or enforce the payment of a debt.
 The law commands him to render help or assistance. Should the
31

This article deals on another form of slavery. It is a way of giving force and assistance endanger the life of the person giving help, his failure to render
effect to the constitutional provision which prohibits all forms of involuntary assistance would constitute an exemplary circumstance.
Page

servitude or involuntary service.  Where the person is already wounded and is already in danger of dying,
there is an obligation to render assistance only when he is found in an

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

uninhabited place. If the mortally wounded or dying person is found in a 2. The child is under seven years of age;
place not uninhabited, the abandonment will not bring about the 3. He abandons such child;
commission of the crime. 4. He has no intent to kill the child when the latter is abandoned.
 An uninhabited is based upon the possibility of a person receiving
assistance from another. Even if there are many places around, the place This article presupposes that the offender had no intent to kill because if the
may still be uninhabited if the possibility of receiving assistance is remote. offender, in abandoning a minor, has the intention of killing her, this article
will not apply but it may be either murder or parricide or infanticide.
2. Failing to help or render assistance to another whom the offender has
accidentally wounded or injured; Intent to kill is presumed in the death of a victim only in crimes against persons
and not to crimes against security. Intent to kill cannot be presumed from the
Example: Hit and run cases death of the child.

 If what happened was an accident at first, there would be no liability Circumstances qualifying the offense:
pursuant to Article 12(4) of the RPC – damnum absque injuria. 1. When the death of the minor resulted from such abandonment; or
 If you abandon the victim, you will be liable under Article 275. 2. If the life of the minor was in danger because of the abandonment. 
 The character of the place is immaterial. As long as the victim was injured Abandonment must be conscious and deliberate.
because of the accident caused by the offender, the offender would be
liable for abandonment if he would not render assistance to the victim. The abandonment must be consciously and deliberately made. It does not
refer to the momentary leaving of the child, but the abandonment of such
3. By failing to deliver a child, under seven years of age, whom the offender minor that deprives him of the care and protection from danger to his person.
has found abandoned, to the authorities or to his family, or by failing to In order for this felony to exist, there must be an interruption and cessation of
take him to a safe place. the care and protection to his person, in such a way as to render any aid in
case of danger.
It is immaterial that the offender did not know that the child is under seven
years. He is found in an unsafe place. ARTICLE 347 PARAGRAPH 2 ARTICLE 276
 AAA went to the forest to hunt wild boars, while there, AAA found The abandonment is for the purpose of To deprive the victim of care and
an old man profusely bleeding. He ignored the pleas of the old man losing the civil status; a newly-born child protection
and left. He committed the crime of abandonment of a person in id abandoned so that he may lose all
traces of filiation, that another may
danger.
enjoy family rights belonging to him by
 Artemio and Goldon went fishing. They came upon Cerafico on his his birth
banca, he was sick and asked Artemio and Goldon for help. They
left him. They are liable for abandonment of a person in danger.
ARTICLE 277. Abandonment of Minor by Person Entrusted with his
The possibility of Cerafico to receive help from others is the main
Custody; Indifference of Parents. — The penalty of arresto mayor and a fine
reason why failure to give assistance becomes a crime.
not exceeding 500 pesos shall be imposed upon anyone who, having charge of
 BB was jogging at People’s Park at 4am in the morning. He saw a
the rearing or education of a minor, shall deliver said minor to a public
man with a gunshot wound who pleaded to take him to the
institution or other persons, without the consent of the one who entrusted
hospital. BB simply looked at the man and abandoned him. He is
such child to his care or in the absence of the latter, without the consent of
not liable for abandonment of a person in danger. It not an
the proper authorities.
uninhabited place, it is a park. Here BB is not liable, to be liable for
the crime the victim must be in an uninhabited place and the The same penalty shall be imposed upon the parents who shall neglect their
person is wounded or in danger of dying. children by not giving them the education which their station in life require
 A 4-year old child was abandoned by her parents in Manila in rain. and financial condition permit.
X simply did nothing but looked at the child and failed to take her
to a safe place. She is liable for abandonment of a helpless person. Acts Punsihable:
1. Delivering a minor to a public institution or other persons without the
Notes: consent of the one who entrusted such minor to the care of the offender
 Rendering help or assistance must not put your life in danger. If your life or, in the absence of that one, without the consent of the proper
is put in danger, you will not be liable for this Article. authorities;
 This is a felony by omission. The law requires a positive act to be done
when one finds a person in danger in an uninhabited place. He must Par. 1: The minor is entrusted to your custody but you delivered the minor to
render assistance to the person in need provided he can render assistance a public institution or another person without the consent of the one who
without detriment to himself. entrusted the minor to you.
 But the person in need of help must be found in an uninhabited place. An
uninhabited place must be determined by the possibility or impossibility Elements:
of a person in danger of receiving assistance. 1. Offender has charge of the rearing or education of a minor;
2. He delivers said minor to a public institution or other person;
ARTICLE 276. Abandoning a Minor. — The penalty of arresto mayor and a fine 3. The one who entrusted such child to the offender has not consented to
not exceeding 500 pesos shall be imposed upon anyone who shall abandon a such act; or if the one who entrusted such child to the offender is absent,
child under seven years of age, the custody of which is incumbent upon him. the proper authorities have not consented to it.
When the death of the minor shall result from such abandonment, the culprit
2. Neglecting his (offender’s) children by not giving them the education
shall be punished by prisión correccional in its medium and maximum periods;
which their station in life requires and financial condition permits.
but if the life of the minor shall have been in danger only, the penalty shall
be prisión correccional in its minimum and medium periods. Par. 2: The failure of the parents to give proper education must be deliberate.
If the failure is due to the reason that the father lost his job, then the father
The provisions contained in the two preceding paragraphs shall not prevent
will not be liable. Article 277 is not applicable.
the imposition of the penalty provided for the act committed, when the same
32

shall constitute a more serious offense.


Elements:
Page

1. Offender is a parent;
Elements:
1. The offender has the custody of a child; 2. He neglects his children by not giving them education;

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

3. His station in life requires such education and his financial condition The provisions of this article shall not be applicable to any person who shall
permits it. enter another's dwelling for the purpose of preventing some serious harm to
himself, the occupants of the dwelling or a third person, nor shall it be
Note: RA 9262 also punishes neglect on the part of parents to provide support, applicable to any person who shall enter a dwelling for the purpose of
education or medical or hospital support or attention to their children. rendering some service to humanity or justice, nor to anyone who shall enter
cafés, taverns, inns and other public houses, while the same are open.
ABANDONING A MINOR ABANDONMENT OF MINOR BY
PERSON ENTRUSTED WITH Elements:
CUSTODY 1. The offender is a private person;
The custody of the offender is stated in The custody of the offender is specific, 2. He enters the dwelling of another;
general that is the custody for the rearing or
3. Such entrance is against the latter’s will.
education of the minor
The minor is under 7 years of age The minor is under 18 years of age
(previously 21) Two Forms of Trespass:
The minor is abandoned in such a way The minor is delivered to a public 1. Qualified trespass to dwelling- this may be committed by any private
as to deprive him of the care and institution or other person person who shall enter the dwelling of another against the latter’s will by
protection that his tender years need means of violence or intimidation.
2. Trespass to property- offender enters the closed premises or fenced
estate of another that is uninhabited when there is a manifest prohibition
ARTICLE 278. Exploitation of Minors. — The penalty of prisión correccional in against entering such closed premises or fenced estate and the trespasser
its minimum and medium periods and a fine not exceeding 500 pesos shall be has not secured the permission of the owner or caretaker thereof.
imposed upon:
Dwelling place – any building or structure devoted for rest and comfort, as
1. Any person who shall cause any boy or girl under sixteen years of age to distinguished from places devoted to business or offices. A building becomes
perform any dangerous feat of balancing, physical strength or a dwelling place when it is put to use as a place for rest or comfort. It depends
contortion. upon the use to which it is put.
2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-
animal tamer or circus manager or engaged in a similar calling, shall Do you consider a kariton a dwelling place?
employ in exhibitions of these kinds of children under sixteen years of
age who are not his children or descendants. Lack of permission to enter a dwelling does not amount to prohibition. One
3. Any person engaged in any of the callings enumerated in the next who enters a building is not presumed to be a trespasser until the owner tells
preceding paragraph who shall employ any descendant of his under him to leave. In such a case, if he refuses to leave then his entry shall now be
twelve years of age in such dangerous exhibitions. considered to have been made without the express consent of the owner.
4. Any ascendant, guardian, teacher or person entrusted in any capacity (Case: People vs. De Peralta)
with the care of a child under sixteen years of age, who shall deliver such
child gratuitously to any person following any of the callings enumerated Even if the door is not locked, for as long as it is closed, the prohibition is
in paragraph 2 hereof, or to any habitual vagrant or beggar. presumed especially if the entry was done at the late hour of the night or at
an unholy hour of the day.
If the delivery shall have been made in consideration of any price,
compensation, or promise, the penalty shall in every case be imposed in its
The violence contemplated by the law must refer to the person only and not
maximum period.
on things. As a qualifying circumstance to increase the penalty, the law uses
In either case, the guardian or curator convicted shall also be removed from not only the word violence but also intimidation. Parenthetically, the latter
office as guardian or curator; and in the case of the parents of the child, they term does cannot be interpreted as to mean intimidation of things.
may be deprived, temporarily or perpetually, in the discretion of the court, of  If it is a public official who enter the dwelling of another against the latter’s
their parental authority. will, he will be liable for violation of domicile under Article 128.

5. Any person who shall induce any child under sixteen years of age to Section 6, Rule 113 of the Rules of Court: A person who believes that a crime
abandon the home of its ascendants, guardians, curators or teachers to has been committed against him has every right to go after the culprit and
follow any person engaged in any of the callings mentioned in paragraph arrest him without any warrant even if in the process he enters the house of
2 hereof, or to accompany any habitual vagrant or beggar. another against the latter’s will.

ARTICLE 279. Additional Penalties for Other Offenses. — The imposition of “Against the will” – the entrance is either expressly or impliedly prohibited or
the penalties prescribed in the preceding articles, shall not prevent the the prohibition is presumed. It is not necessary that the prohibition be
imposition upon the same person of the penalty provided for any other expressed by direct words.
felonies defined and punished by this Code. If the entry is made in a way not intended for entry, it is presumed to be against
the will of the occupant. It is not necessary that there be a breaking or
Although Article 278 is not expressly repealed by RA 7610 and RA 9231, most destruction of something.
cases that are filed now are under RA 9231 and RA 7610.
May the owner be held criminally liable for trespass to dwelling?
SECTION TWO People vs. Almeda
Trespass to Dwelling Yes, even if the house belonged to the accused, if its possession has been
delivered to another by reason of contract or by mere tolerance, his being the
ARTICLE 280. Qualified Trespass to Dwelling. — Any private person who shall owner would not authorize him to enter the house against the will of the
enter the dwelling of another against the latter's will, shall be punished lawful occupant. His ownership is not authority for him to place the law into
byarresto mayor and a fine not exceeding 1,000 pesos. his own hands.

If the offense be committed by means of violence or intimidation, the penalty  When leasing property, you should ask permission from the renter even
33

shall be prisión correccional in its medium and maximum periods and a fine if you are the owner.
not exceeding 1,000 pesos.  What is intended to be protected and preserved by the law is the privacy
Page

of one’s dwelling.

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

 A entered the house of B at 12:00 midnight and once inside, B saw A. B not unlawful, and said offender shall have attained his purpose. If the
accosted A. A inflicted B serious physical injuries. offender shall not have attained his purpose, the penalty lower by two
a. If the purpose in entering the dwelling is not shown, trespass to degrees shall be imposed.
dwelling is committed.
b. If the purpose is shown, it may be absorbed in the crime as in robbery If the threat be made in writing or through a middleman, the penalty shall be
with force upon things, the trespass yielding to the more serious imposed in its maximum period.
crime
c. If the purpose is not shown and while inside the dwelling he was 2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the
found by the occupants, one of whom was injured by him, the crime threat shall not have been made subject to a condition.
committed is trespass to dwelling and frustrated homicide or physical
injuries; or if there was no injury, unjust vexation. Threat – a declaration of an intention or determination made orally or in
writing to injure another by the commission upon his person, honor or
property, or a conduct of his family of some wrong which may or may not
ARTICLE 281. Other Forms of Trespass. — The penalty of arresto menor or a
amount to a crime.
fine not exceeding 200 pesos, or both, shall be imposed upon any person who
It is committed when offender threatens another with the infliction upon the
shall enter the closed premises or the fenced estate of another, while either
person, honor or property of the latter or any of his family amounting to a
of them are uninhabited, if the prohibition to enter be manifest and the
crime.
trespasser has not secured the permission of the owner or the caretaker
thereof.
Acts Punishable:
1. Threatening another with the infliction upon his person, honor or
Elements:
property or that of this family of any wrong amounting to a crime and
1. The offender enters the closed premises or the fenced estate of another;
demanding money or imposing any other condition, even though not
2. The entrance is made while either of them is uninhabited;
unlawful, and the offender attained his purpose;
3. The prohibition to enter is manifest;
2. Making such threat without the offender attaining his purpose;
4. The trespasser has not secured the permission of the owner or the
3. Threatening another with the infliction upon his person, honor or
caretaker thereof.
property or that of his family of any wrong amounting to a crime, the
threat not being subject to a condition.
Premises – signifies distinct and definite locality. It may mean a room, shop,
building or definite area, but in either case, locality is fixed.
Notes:
 Threat is an oral or physical declaration of an intention to harm or injure
The prohibition not to enter has to be manifest. If there is no manifest
another. The threat could be directed upon the person, honor or property
prohibition not to enter, then one will not be liable under Article 281. If it is
of another.
fenced, one will still not be liable. In order to be liable, the owner must have
 The penalty to be imposed is one degree lower than the penalty of the
put a sign such as “no trespassing”.
crime threatened to be committed, if he attained his purpose.
 If offender did not attain his purpose, the penalty shall be two degrees
Against the will of the owner means that entrance is prohibited.
lower than that provided by law for the crime threatened.
BAR QUESTION: instances when there is no Trespass to Dwelling  If the threat is not subject to a condition, the penalty if fixed at arresto
1. When a person enters the dwelling of another for the purpose of mayor and a fine not exceeding 500 pesos.
preventing some serious harm to himself, the occupants of the building or  If the threat is made in writing or through a middleman, the penalty is to
a third person; be imposed in its maximum period.
2. When the purpose of the offender is to render service to humanity or  Usually this crime is filed in the MTC but there are cases wherein the RTC
justice; has jurisdiction such as when a person threatens to kill you or burn your
3. When a person enters cafes, taverns, inns or other public houses while machineries because this amounts to arson.
they are open;
4. Hot pursuit of a person who has committed a crime. THREAT ROBBERY
The intimidation is future and The intimidation is actual and immediate
TRESPASS TO PROPERTY QUALIFIED TRESPASS TO conditional
The intimidation may be through an The nature of the intimidation is
DWELLING
intermediary personal
The offender is any person The offender is a private person
The subject may refer to the person, The subject matter is personal property
Offender enters closed premises or Offender enters a dwelling house
honor or property
fenced estate
Intent to gain is not an essential element There is intent to gain
The place entered is uninhabited The place entered is inhabited
The danger to the victim is not instantly The robber makes the danger involved in
There is express prohibition from Entering the dwelling against the will of
imminent nor the gain of the culprit his threats directly imminent to the
entering such closed premises or fenced the owner
immediate victim and the attainment of his gain
estate and the trespasser has not
immediate thereby also taking crimes to
secured consent or permission from the
his person by the imposition of
owner or caretaker
resistance which the victim might offer
Prohibition must be manifest Prohibition may be expressed or implied,
it need not be manifest
ARTICLE 283. Light Threats. — A threat to commit a wrong not constituting a
PD 772 or the law on squatting has already been decriminalized. crime, made in the manner expressed in subdivision 1 of the next preceding
article, shall be punished by arresto mayor.
SECTION THREE
Threats and Coercion Elements:
1. Offender makes a threat to commit a wrong;
ARTICLE 282. Grave Threats. — Any person who shall threaten another with 2. The wrong does not constitute a crime;
the infliction upon the person, honor or property of the latter or of his family 3. There is a demand for money or that other condition is imposed, even
34

of any wrong amounting to a crime, shall suffer: though not unlawful;


1. The penalty next lower in degree than that prescribed by law for the 4. Offender has attained his purpose or, that he has not attained his purpose.
Page

crime he threatened to commit, if the offender shall have made the


This is a less grave felony because the penalty is arresto mayor only.
threat demanding money or imposing any other condition, even though

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

In order to convict a person, the threat must not be in a nature of a crime and If the coercion be committed for the purpose of compelling another to
there is demand for money or any other condition is imposed even though perform any religious act or to prevent him from so doing, the penalty next
lawful. The manner of committing light threats is the same as in grave threats higher in degree shall be imposed.
except that the act threatened to be committed does not constitute a crime.
This is otherwise known as “blackmail”. Elements:
1. A person prevented another from doing something not prohibited by law,
Blackmailing – refers to the extortion of money by appealing to the fear of the or that he compelled him to do something against his will; be it right or
victim. wrong;
2. The prevention or compulsion be effected by violence, threats or
 X threatened to report to the wife of Y the latter’s illicit relationship with intimidation; and
another woman unless Y give him money. This is blackmailing. X commits 3. The person that restrained the will and liberty of another had not the
light threats. X threatened to commit a wrong not amounting to a crime. authority of law or the right to do so, or in other words, that the restraint
Jurisdiction belongs with the MTC. Jayson is about to take the Bar shall not be made under authority of law or in the exercise of any lawful
Examination. right.
 Jayson impregnated Zorayda, his girlfriend who is 17 years old. Matias, the
father of Zorayda threatened to report to the Supreme Court the sexual Acts Punishable:
indiscretion of Jayson unless Jayson agrees to marry his minor daughter. 1. Preventing another, by means of violence, threats or intimidation, from
Matias is not liable for light threats. He has performed a lawful act. A, to doing something not prohibited by law;
be member of the Bar, must be a paragon of good moral conduct.
When a person will do something, for as long as it is not illegal, you do not
ARTICLE 284. Bond for Good Behavior. — In all cases falling within the two have the right to prevent him by way of violence or intimidation. You can
next preceding articles, the person making the threats may also be required to prevent him in some other way; otherwise you will be liable for grave coercion.
give bail not to molest the person threatened, or if he shall fail to give such  A was inside his classroom when X, by means of violence, dragged him
bail, he shall be sentenced to destierro. outside to prevent him from attending his class. Here there is no law which
prohibits A from attending his class. Grave coercion is committed.
During the proceedings in the criminal case, the complainant through his  Suppose A had a hand grenade with him at the time he was attending his
lawyer may file a motion in court praying that the accused be required to post class and X, by means of violence, forcibly ejected him from the classroom.
a bond to ensure that the accused will not commit the threatened act.  In such a case, X cannot be held liable for grave coercion because A was
Failure to observe court order amounts to destierro. prevented from doing something which is prohibited by law.
ARTICLE 285. Other Light Threats. — The penalty of arresto menor in its
In grave coercion, the act of preventing by force must be made at the time the
minimum period or a fine not exceeding 200 pesos shall be imposed upon:
offended party was doing or was about to do the act to be prevented. If the
1. Any person who, without being included in the provisions of the next act was already done when violence is exerted, the crime is unjust vexation.
preceding article, shall threaten another with a weapon, or draw such
weapon in a quarrel, unless it be in lawful self-defense. 2. Compelling another, by means of violence, threats or intimidation, to do
2. Any person who, in the heat of anger, shall orally threaten another with something against his will, whether it be right or wrong.
some harm not constituting a crime, and who by subsequent acts shows You have no right to compel a person to do something even if it is the right
that he did not persist in the idea involved in his threat, provided that the things.
circumstances of the offense shall not bring it within the provisions of
article 282 of this Code. The law uses the word “something”. It is a very broad crime. The accused here
3. Any person who shall orally threaten to do another any harm not compels another to do something or prevent the latter from doing an act
constituting a felony. without the law telling us what is that something or what that act is all about.
If the act prevented or the act compelled to be committed is specified under a
Acts Punishable: more specific provision in the RPC then that specific provision prevails. If the
1. Threatening another with a weapon, or by drawing such weapon in a act is general, then you apply Article 286.
quarrel, unless it be in lawful self-defense;  A public officer with the use of violence prevents the holding of a religious
2. Orally threatening another, in the heat of anger, with some harm ceremony. He will not be liable for grave coercion but he will be liable
constituting a crime, without persisting in the idea involved in his threat; under Article 132 for interruption of religious worship. There is coercion
3. Orally threatening to do another any harm not constituting a felony. here but there is a provision which is more specific.
 The driver was waiting for his employer when he was asked by policemen
In the crime of light threats there is no demand for money and the threat made to drive for them since they were in a hurry. The driver refused. He was
is not planned or done with deliberate intent. Threats which would otherwise grabbed and pushed to the side. The policemen drove the car. There is
qualify as grave threats, when made in the heat of anger or which is a product grave coercion.
of a spur of the moment, are generally considered as light threats.  A is the landowner and B is his tenant. A ejected B thru force and violence
 Whether it is grave or light threats, the crime is committed even in the from tilling the land. Grave coercion is committed.
absence of the person to whom the threat is directed. Still, one will be  A is the owner of an apartment. He forcefully ousted B who has not been
liable. paying his rent for 1 year. Grave coercion is committed. A is putting the
 A and B had an argument. Their argument became heated. A shouted “I law on his own hands.
will kill you, you will not pass this day”. A is liable for light threats under
Article 285. He threatened to kill the aggrieved party in the heat of an Lee vs. CA 201 SCRA 405
argument, but did not persist in performing the idea involved in his Considering that the present case does not involve violence but intimidation,
threat. the provisions of Article 1335 of the New Civil Code on intimidation are
relevant. It states: There is intimidation when one of the contracting parties is
ARTICLE 286. Grave Coercions. — The penalty of arresto mayor and a fine not compelled by a reasonable and well-grounded fear of an imminent and grave
exceeding 500 pesos shall be imposed upon any person who, without authority evil upon his person or property, or upon the person or property of his spouse,
descendants or ascendants, to give his consent. To determine the degree of
35

of law, shall, by means of violence, prevent another from doing something not
prohibited by law, or compel him to do something against his will, whether it the intimidation, the age, sex and condition of the person shall be borne in
be right or wrong. mind.
Page

In the light of the foregoing circumstances, petitioner's demand that the


private respondent return the proceeds of the check accompanied by a threat

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

to file criminal charges was not improper. There is nothing unlawful on the Who may commit the crime?
threat to sue. It is a practice followed not only by banks but even by individuals
to demand payment of their accounts with the threat that upon failure to do 1st Par: Only a creditor may commit the crime. The creditor uses or employs
so an action would be instituted in court. Such a threat is proper within the violence in seizing a property belonging to the debtor for the purpose of
realm of the law as a means to enforce collection. Such a threat cannot applying to the payment of his loan. If the purpose is not to apply to the
constitute duress even if the claim proves to be unfounded so long as the payment of the loan of the debtor, the crime can be Robbery with violence.
creditor believes that it was his right to do so The element of intent to gain is present.
The circumstances of this case reveal that the complainant, despite her
protestations, indeed voluntarily, albeit reluctantly, consented to do all the 2nd Par: Other coercions or unjust vexation. Anything that annoys or vexes a
aforesaid acts. person without violence is unjust vexation.
Bearing in mind her involvement in the deposit and encashment of the check,
Unjust vexation – includes any human conduct which, although not productive
the complainant admitted to being nervous upon being informed that the
of some physical or material harm would, however, unjustly annoy or vex an
check was spurious. We find that complainant's lengthy stay at the bank was
innocent person.
not due to the petitioner's threat. It was rather due to her desire to prove her
innocence.
ARTICLE 288. Other Similar Coercions — (Compulsory Purchase of
In her insistence to clear up her name, it is not farfetched for Us to think that
Merchandise and Payment of Wages by Means of Tokens). — The penalty
the complainant voluntarily but grudgingly returned the money to show good
of arresto mayor or a fine ranging from 200 to 500 pesos, or both, shall be
faith. Thus, it was she who informed the petitioner about the existence of the
imposed upon any person, agent or officer of any association or corporation
RCBC Time Deposit Certificate. The allegation that she did so because of
who shall force or compel, directly or indirectly, or shall knowingly permit any
petitioner's threats came from the complainant herself. She has not been able
laborer or employee employed by him or by such firm or corporation to be
to present any other witness to buttress her claim.
forced or compelled, to purchase merchandise or commodities of any kind.
The most telling proof of the absence of intimidation was the fact that the
complainant refused to sign the promissory note in spite of the alleged threats The same penalties shall be imposed upon any person who shall pay the wages
of the petitioner. American authorities have declared that "(t)he force which due a laborer or employee employed by him, by means of tokens or objects
is claimed to have compelled criminal conduct against the will of the actor other than the legal tender currency of the Philippine Islands, unless expressly
must be immediate and continuous and threaten grave danger to his person requested by the laborer or employee.
during all of the time the act is being committed. That is, it must be a dangerous
force threatened 'in praesenti.' It must be a force threatening great bodily Acts Punishable:
harm that remains constant in controlling the will of the unwilling participant 1. COMPULSORY PURCHASE OF MATERIALS
while the act is being performed and from which he cannot then withdraw in Forcing or compelling directly or indirectly, or knowingly permitting the forcing
safety." or compelling of the laborer or employee of the offender to purchase
merchandise of commodities of any kind from him;
Prision mayor (penalty next higher in degree) shall be imposed:
1. If the coercion is committed in violation of the exercise of the right of Elements:
suffrage 1. Offender is any person, agent or officer of any association or corporation;
2. If the coercion is committed to compel another to perform any religious 2. He or such firm or corporation has employed laborers or employees;
act 3. He forces or compels, directly or indirectly, or knowingly permits to be
3. If the coercion is committed to prevent another from performing any forced or compelled, any of his or its laborer or employees to purchase
religious act merchandise to commodities of any kind from him or from said firm or
corporation.
Two Kinds of Coercion:
1. Compulsive; 2. PAYMENTS OF WAGES BY MEANS OF TOKENS
2. Preventive Paying the wages due his laborer or employee by means of tokens or object
other than the legal tender currency of the Philippines, unless expressly
Ways of Commission: requested by such laborer or employee.
1. Violence;
2. Threats; and Elements:
3. Intimidation 1. Offender pays the wages due a laborer or employee employed by him by
means of tokens or objects;
Note: Under the law, if a person prohibits or prevents another to do an act 2. Those tokens or objects are other than the legal tender currency of the
constituting a crime or from doing an act prohibited by law, he does not Philippines;
commit Grave coercion. 3. Such employee or laborer does not expressly request that he be paid by
means of tokens or objects.
ARTICLE 287. Light Coercions. — Any person who, by means of violence, shall
seize anything belonging to his debtor for the purpose of applying the same to This must be correlated with RA 602: The Minimum Wage Law.
the payment of the debt, shall suffer the penalty of arresto mayor in its
minimum period and a fine equivalent to the value of the thing, but in no case Wages of laborers must be paid in legal tender. It is unlawful to pay the wages
less than 75 pesos. of laborers in the form of promissory notes, vouchers, coupons, tokens or any
other forms alleged to represent legal tender.
Any other coercions or unjust vexations shall be punished by arresto menor or
a fine ranging from 5 to 200 pesos, or both. ARTICLE 289. Formation, Maintenance and Prohibition of Combination of
Capital or Labor Through Violence or Threats. — The penalty of arresto
Elements: mayorand a fine not exceeding 300 pesos shall be imposed upon any person
1. Offender must be a creditor; who, for the purpose of organizing, maintaining or preventing coalitions of
2. He seizes anything belonging to his debtor; capital or labor, strike of laborers or lock-out of employees, shall employ
3. The seize of the thing be accomplished by means of violence or a display violence or threats in such a degree as to compel or force the laborers or
36

of material force producing intimidation; employers in the free and legal exercise of their industry or work, if the act
4. The purpose of the offender is to apply the same to the payment of the shall not constitute a more serious offense in accordance with the provisions
Page

debt. of this Code.

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

Elements: happened to be there for ordinary office use. It is a rule in statutory


1. Offender employs violence or threats, in such a degree as to compel or construction that in order to deterrniiss the true intent of the legislature, the
force the laborer or employers in the free and legal exercise of their particular clauses and phrases of the statute should not be taken as detached
industry or work; and isoiated expressions, but the whole and every part thereof must be
2. The purpose is to organize, maintain or prevent coalitions of capital or considered in fixing the meaning of any of its parts.
labor, strike of laborer or lockout of employers.
Atty. Capuchino vs. Apolonio et. al. September 5, 2011
Peaceful picketing should not be prevented. If the employer prevents it, he will Capuchino is counsel of Valencia charged with violation of BP22. Valencia was
be liable under Article 289 and the Labor Code. Employers do not have the convicted but Capuchino filed for a motion for reconsideration. They tried to
right to prevent their employees or laborers from joining any labor settle the case but complainant Valmonte requested a higher amount.
organization otherwise they will be liable under Article 289. Valencia requested a court stenographer Duque where the case was pending
to hold the amount. Duque refused but Valencia insisted so he received it and
CHAPTER THREE issued a receipt. His co-employees learned of the transaction and informed the
Discovery and Revelation of Secrets judge. When they attended the hearing, the employees began asking
questions about Duque’s act. Their conversation was tape recorded without
ARTICLE 290. Discovering Secrets Through Seizure of Correspondence. — The their consent. Out of it, they filed an administrative case against Duque.
penalty of prisión correccional in its minimum and medium periods and a fine Capuchino filed a case for grave misconduct against the employees.
not exceeding 500 pesos shall be imposed upon any private individual who in The Court finds the respondents’ contentions without merit. Their concerted
order to discover secrets of another, shall seize his papers or letters and reveal acts – of leading Atty. Capuchino and Valencia into the court sala, engaging
the contents thereof. them in conversation regarding the money deposited with Duque, taping their
conversation without Capuchino’s & Valencia’s knowledge, and later using the
If the offender shall not reveal such secrets, the penalty shall be arresto taped conversation as basis of the complaint they filed against Duque –
mayor and a fine not exceeding 500 pesos. constitute misconduct. It constitutes a violation of RA 4200.

This provision shall not be applicable to parents, guardians, or persons Felipe Navarro vs. CA and People August 26, 1999
entrusted with the custody of minors with respect to the papers or letters of Jalbuena and Lingan are reporters of a radio station. They went to
the children or minors placed under their care or custody, nor to spouses with Entertainment City following reports of nude dancers. As the dancer removed
respect to the papers or letters of either of them. her clothes, Jalbuena took a camera and took a picture. The floor manager
Liquin and a security guard approach him and asked why he took a picture.
Elements: Commotion ensued when he ran out and went straight to the police station.
1. Offender is a private individual or even a public officer not in the exercise Three policemen were drinking including Navarro who asked them to join
of his official function; them. Navarro turned to Jalbuena and pushed him to the wall. He mauled
2. He seizes the papers or letters of another; Lingan who died. Unknown to him, the incident was recorded by Jalbuena in
3. The purpose is to discover the secrets of such another person; his tape recorder. He was convicted and questioned the admissibility of the
4. Offender is informed of the contents of the papers or letters seized. tape record since it is a violation of RA 4200.
Notes: Indeed, Jalbuena's testimony is confirmed by the voice recording had made. It
 It is necessary that the purpose of the seizure of correspondence must be
may be asked whether the tape is admissible in view R.A. No. 4200, which
to discover the secret of another.
prohibits wire tapping. The answer is in the affirmative.
 It is not necessary that the offender actually discovers the secret of
another as contained in the letter. Mere seizure of correspondence for the
Thus, the law prohibits the overhearing, intercepting, or recording of private
purpose of discovering the secret of another consummates the crime.
communications. Since the exchange between petitioner Navarro and Lingan
 DOES NOT APPLY: If the persons who make the seizure of correspondence
was not private, its tape recording is not prohibited.
are the parents, guardians, or persons entrusted with the custody of
minors with respect to the papers or letters of the children or minors
RA 9372: THE HUMAN SECURITY ACT OF 2007
placed under their care or custody, or to spouses with respect to the
papers or letters of either of them. Section 7. Intercepting and recording of communications for surveillance of
 Not applicable to spouses with respect to the letters or papers of either of suspects; policemen need to have a court order
them. Note: Exclusionary rule or the doctrine of the fruit of the poisonous tree
 The doctrine of poisonous tree is applicable. The love letter is not Section 8. Application for judicial authorization
admissible because of unreasonable search and seizure.
ARTICLE 291. Revealing Secrets With Abuse of Office. — The penalty
RA 4200: THE ANTI-WIRE TAPPING LAW of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon
any manager, employee, or servant who, in such capacity, shall learn the
secrets of his principal or master and shall reveal such secrets.
Montes vs. CA May 4, 2006
Montes is the Chief of the Legal Division of the DOST and was charged with
Elements:
grave misconduct. He counterfiled and was in the process of gathering
1. Offender is a manger, employee or servant;
evidence. He produced recorded private conversations he had with the DOST
2. He learns the secrets of his principal or master in such capacity;
Secretary at the latter’s office without the Secretary’s consent.
3. He reveals such secrets.
Gaanan vs. IAC 145 SCRA 17
The law refers to a “tap” of a wire or cable or the use of a “deviee or ARTICLE 292. Revelation of Industrial Secrets. — The penalty of prisión
arrangement” for the purpose of secretly overhearing, intercepting, or correccional in its minimum and medium periods and a fine not exceeding 500
recording the communication. There must be either a physical interruption pesos shall be imposed upon the person in charge, employee or workman of
through a wiretap or the deliberate installation of a device or arrangement in any manufacturing or industrial establishment who, to the prejudice of the
order to overhear, intercept, or record the spoken words. An extension owner thereof, shall reveal the secrets of the industry of the latter.
37

telephone cannot be placed in the same category as a dictaphone, dictagraph


or the other devices enumerated in Section 1 of RA No. 4200 as the use thereof Elements:
Page

cannot be considered as “tapping” the wire or cable of a telephone line. The 1. The offender is a person in charge, employee or workman of a
telephone extension in this case was not installed for that purpose. It just manufacturing or industrial establishment;

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay
Criminal Law 3rd Exam – JRAA

2. The manufacturing or industrial establishment has a secret of the industry


which the offender has learned;
3. Offender reveals such secrets;
4. Prejudice is caused to the owner.

38
Page

Notes from the lectures of Judge Rowena Apao-Adlawan, The Revised Penal Code Book Two of Abelardo C. Estrada and Luis B. Reyes, and Kelvin Du Notes.
Compiled by: Victor O. Malicay