Criminal Law Art 238365

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ARTICLE 238. ABANDONMENT OF OFFICE POSITION OR . ELEMENT : S 1. That the offender is a public officer ; 2. That formally from his position; 3. resignation has not yet he That resigns his accepted ; and been 4. That abandon his office to the he detriment of the public s service. There must be formal or resignation The offense is qualified if the purpose written . behind the abandonment is evade discharg of duties consisting of to the e preventing, prosecuting or punishing of crimes national security . any the this case, the penalty is higher. This against In involves following the a. treason crimes: b. conspiracy and proposal to conspirac commit y c. misprision of treason d. espionage e. inciting to war or giving motives to reprisals f. violation of g. correspondence with hostile neutrality country h. flight to enemy i. piracy country and mutiny on the high seas j. rebellion k. conspiracy and proposal to commit rebellion l. disloyalty to public officers m. inciting to n. rebellion sedition o. conspiracy to commit p. sedition inciting to sedition ABANDONMEN OF DERELICTIO OF T N DUTY (208) OFFICE OR POSITION (238) There is Public officer does actual not abandonment abando his office but through n resignation to evade the merel fails discharge of duties. prosecut a violation of y to e law. the 2. That he (a) make general rules or regulations s beyond the scope of his or (b) attempts to a law or (c) authority repeal suspend the execution s thereof. ARTICLE 240. USURPATION OF EXECUTIVE FUNCTIONS . ELEMENT : S 1. That the offender is a judge ;and 2. That he (a) assume a power pertaining to the executive s authorities, or (b) obstruct executive authorities in the lawful s exercise of powers. their Legislative liable usurpation functions ARTICLE JUDICIAL officers are not of executive for
241. USURPATION FUNCTIONS .
OF
ELEMENT : S 1. That the offender is an officer of the executiv branch of the government; 2. That he (a) andassume judicial powers, or (b) e s obstruct the execution of any order or s decision rendered by any judge within jurisdiction his . A mayor is guilty under this article when he investigates a case while a justice of the peace is in the municipality. ARTICLE 242. DISOBEYING REQUEST DISQUALIFICATIO FOR N. ELEMENT : S 1. That the offender is a public officer ; 2. That a proceedin is pending before such g public officer; 3. That there is questio brought before the a proper authority regarding his n jurisdictio which is not yet n decided; been 4. That he has lawfully required refrain from to the proceeding; and 5. continuing That continue the proceeding. he s ARTICLE 243. ADDRESSING ORDERS REQUESTS BY EXECUTIVE OFFICER TO OR ANY JUDICIAL AUTHORITY.
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ARTICLE 239. USURPATION POWERS LEGISLATIVE . ELEMENT : S 1. That the offender is an executive judicial officer ; and
OF
or

ELEMENT : executive ; S 1. That the offender is an 2. That addresses any order or officer he to suggestion any judicial ; and authority 3. That the order or suggestion relates to exclusiv any case or business coming within the e. jurisdiction of the courts of justice Legislative or judicial officers are not liable under this article. ARTICLE 244. UNLAWFUL APPOINTMENTS. ELEMENT : S 1. That the offender is a public officer ; 2. That nominates or a person to he a public office; appoints 3. That such lacks the person legal qualificatio therefor; and 4. That the offender know that his nominee n or appointee lacks thes qualification at the he the nomination or time made appointment. Recommending ,knowing that the person recommended is not qualified, is not a crime. There must be a law providing for qualification of a person to be nominated the s appointed to a public office. or The mother of the person in the custody of the public officer is not included. To solicit means to propose earnestly and persistently something unchaste and to a woman. immoral The advances must be immoral or indecent. The crime consummated by is proposal . mere Proof of solicitation is not necessary is sexual intercourse. when there TITLE CRIMES EIGHT PERSONS
AGAINST
Chapter One DESTRUCTION OF LIFE
ARTICLE 245. ABUSES AGAINST CHASTITY The penalties of prision correccional in its medium and maximum periods and temporary disqualification shall be imposed: special ELEMENT : S 1. That the offender is a public officer ; 2. That he solicits or immoral or makes indecent advances to a ; and 3. woman That woma must be such a. interested n matters before in the offender for decision, or with pending respect to which he is required submit a report to or consult with to a superior officer, or b. under custod of the offender the who is a warden or other public officer y directly charged with care and custody of prisoners or person under arrest, or c. wife, daughter, sister or the within the same degree by relative of the person in affinity custod of the the y offender.
ARTICLE 246. PARRICIDE. ELEMENT : S 1. That a person is kille ; 2. That the deceased is killed by the d accused; the deceased is 3. That the a. father, mother, or b. child, whether legitimate or illegitimate, c legitimate other ascendant or other . descendant, or d. legitimate spouse of the accused.
or
The relationshi of the offender with the victimp is the essential element of Parents and children are not included in parricide. the term ascendants or The other ascendant or descendant must descendants. be legitimate. On the other hand, the father, mother or child may be legitimate or illegitimate The should not be less than 3 days . child . Otherwise, the offense is old infanticide. Relationshi must be alleged and . p stranger proved in A who parricide is liable for murder committing or cooperates Even if the offenderhomicide. did not that the person stil know he had killed is his son, he is liable for parricide because the law doesl not require knowledge of the relationship.
ARTICLE 247. DEATH UNDER INJURIES CIRCUMSTANCES.
OR PHYSICAL EXCEPTIONAL
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ELEMENTS 1. A legally married person parent : or surprises his spouse or (the daughter and living latter must be under 18 the ) in thewith act of sexua m committing another person; l intercours with 2. e He/she kills any or both of or inflicts upon seriou them any or both of them any s physical in the act or immediately injury thereafter 3. He has of his wife or daughter, or that he has of This article does not define or penalize a destierro. It is not necessary that the parent be legitimate for the application of this This article applies only when the daughter article. is means to come upon suddenly or did not see his spouse in the act sexual circumstances carnal act is being committed or has been committed Sexual intercourse does not . include preparatory acts. Immediately thereafter one continuous act. Immediately thereafter may be an after proximate result of outrage hour overwhelming accused after chancing spouse upon in basest act of infidelity The killing must be of the accused. the is incurred serious or slight physical injuries when Moreover, in case third persons caught in the 3. That the killing was attended by any of the following qualifying a. treachery taking advantage of circumstances: with superior , , with the aid of strength armed , or employing means weaken the or of means men to defense to insure or afford or persons , b. inimpunity consideration of price, reward or promise by , means of explosion, shipwreck, vesse strandingderailment or assault upon l a , , or with the use of any other means involving on occasion of any of the calamities
4. is
public calamity, e. , or cruelt deliberately with y and inhumanely augmenting the sufferingvictim of the corpse and or The killing
circumstances described in Article 248. When more than one of said circumstances
generic must aggravating. alleged Otherw be will only be considered as ise circumstance Treachery s. and inheren premeditation the use in murder with . t of
felonious act is not applicable, because his act under Art.247 does not amount to a felony. defend himself by reason of the suddenness and severity of the attack constitutes alevosia. : 1. That a person was 2. ; ;
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Dismemberment of a dead body is one manner of outraging or scoffing at the corpse of the victim. PEOPLE vs. MONTAEZ, GR 148257, 3/17/04 The barefaced fact that Daniel Sumaylo pleaded guilty to the felony of homicide is not a bar to the appellant being found guilty of murder as a principal. It bears stressing that Sumaylo plea-bargained on his re-arraignment. Even if the public prosecutor and the father of the victim agreed to Sumaylo's plea, the State is not barred from prosecuting the appellant for murder on the basis of its evidence, independently of ARADILLOS vs. COURT OF APPEALS G.R. No. ARTICLE HOMICIDE. kille d 249. or serious physical injuries in a prosecution for homicide or murder, inasmuch as the infliction of physical injuries could lead to any of the latter homicide or murder - intent to kill - is not required in a prosecution for physical injuries.
without any justifying 3. That the accused had to kill circumstances; presume the d not attended by any of or by that of parricide or infanticide. conclusively presumed death resulted. Hence, evidence of intent to attempted or frustrated homicide . through negligence/imprudence. When the wounds that caused death inflicted by 2 different persons, even if they were guilty of homicide. against persons in which In all crimes the death of the victim is an element, there must
PARRICIDE, HOMICIDE.
MURDER
OR
. several persons not compose for the common groups
organized purpose
Corpus delicti charged PEOPLE vs. DELA CRUZ, G.R. No. 152176, The qualifying circumstance of treachery was not
That these several persons quarreled and assaulted one another in confused and tumultuous 4. That in the course of manner; the affray; 5. That it killed That the person or persons serious physical injuries or . Tumultuous persons affray 4
the victim. Therefore, there is no way of determining on how the attack was initiated. In the same way that
2 group who assaulted each other, there iss tumultuous affray.

The person killed need not be a participant in the affray Those who used violence are liable for death caused in a tumultuous affray only if it cannot be determined who inflicted the serious physical injuries on the Tumultuous in Article 153 more than deceased three persons who are armed or provided with means of violence PERSONS : 1. person/s who inflicte serious LIABLE d physical injurie 2. s it is not known who inflicted if physical on the deceased, all serious injuries persons who used upon the person the violence of victim. ARTICLE 252. PHYSICAL INJURIES INFLICTED A IN TUMULTUOUS AFFRAY. ELEMENT : S 1. That there is a tumultuous as affray referred to in the preceding article; 2. That a participant or some thereof participants suffer serious physical injuries or physical injuries of a less serious only; nature 3. That the person responsible therefor canno t be ; and 4. That all those who appear to have use identified violenc upon the person of the offended d e party are know . n Persons liable: All those who have used violence on the person of the offended party. Injured party must be a participant of the tumultous affray If the one who caused physical injuries are known, he will be liable for physical injuries actually Slight physical injuries not committed included ARTICLE 253. GIVING ASSISTANCE TO SUICIDE. ACTS 1. Assisting another to commit whether PUNISHABLE: suicide, suicide is consummated or not. the 2. Lending his assistance to another to commit suicide to the extent of doing the killing himself . A person who attempts to commit suicide is not criminally liable. A pregnant woman who tried to commit by means of poison but instead of suicide dying, the fetus in her womb was expelled, is not liable for abortion. Assistance to suicide is different from mercykilling Euthanasia or mercy-killing is the . practice of painlessly putting to death a person suffering from some incurable disease. In this case, the person does not want to A doctor who resorts to die. euthanasia may be held liable for murder . Penalty mitigate if suicide is no is successful d t . ARTICLE 254. DISCHARGE OF FIREARMS. ELEMENT : discharge a firearm S 1. That the offender s against or at another ; and 2. That the offender has no intention to person kill that person. The offender must shoot at another with anyfirearm without intention of killing him. If firearm is not discharged at a person, the act the is not punished under this A article. discharge towards the house of the is victimnot discharge of firearm. Firing a gun at the of the offended party, house not knowing in what part of the house the people , is only were alarm under Art. 155. Usually, the purpose of the offender is only to intimidate or the offended party. Intent by the fact that frighten to kill is negated the distanc between the victim and offender is 200 yards. e the A person can be held liable for even if the gun was not pointed at the discharge offended party when it fired as long as wa initiall aimed at it or the s y offended party. against
ARTICLE 255. INFANTICIDE ELEMENT : S 1. That a chil was killed; 2. That the deceased child was less than d days (72 hours) of ; and three 3. age the accused killed the said That child. When the offender is the father, mother legitimate ascendant , he or suffer the shall penalty prescribed for parricide . If the offender is any other , the penalty is person
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that for murder . In either case, the proper qualification for the offense is infanticide. When infanticide is committed by mothe the or r maternal of the victim grandmother in order to conceal the mothers , such factdishonor is mitigating. The delinquent mother who claims that only shecommitted the offense to conceal dishonor must be of good the reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty because she has no honor to There is no infanticide when the child protect. was born dead, or although born alive it could not sustain an independent life when it was killed . ARTICLE 256. INTENTIONAL ABORTION ELEMENT : S 1. That there is a pregnan woman; 2. That violenc t is exerted, or drugs e beverages administered, or that orthe accused otherwise act upon such pregnant 3. That as a result of the use of violence or s woman; drugs or beverages upon her, or any other act of the accused, the fetus , either in the womb or after having been expelled dies therefrom. 4. That the abortion is intende . d A fetus about six months old cannot subsistitself, outside the maternal womb. by th Abortion usually means expulsion before 6 month or before term of its viability Viada: Abortion, as long as fetus dies as a result of violence used or drugs administered Infanticide, if: (1) Fetus could sustain independent life after its separation from maternal womb, and (2) it is killed Fetus survives in spite of attempt to kill it or use of violence: a. Abortion intended, all acts of execution performed frustrated intentional abortion b. Abortion not intended, fetus does not die physical No frustrated unintentional injuries abortion ARTICLE 257. UNINTENTIONAL ABORTION. ELEMENTS 1. That there a woman; : 2. is That violence pregnant is used upon such woman withoutpregnant intending an ; abortion 3. is 4. the That the violence intentionally ; exerted and That as a result of the violence fetu die , either in the womb or after having been s s expelled therefrom.
Committed only by violence(giving of bitter substance with no intention to cause is not unintentional abortion abortion) Violence must be intentionally exerted Unintentional abortion may be with other crimes such as parricide complexed or homicid Unintentional can also be e committed negligenc . (People vs. abortion through e Jose) The accused can only be held liable if he knew that the woman was pregnant. If there is no intention to cause abortion and neither was violence , Arts exerted . 256 and 257 does not apply. ARTICLE 258. ABORTION PRACTICED BY WOMAN HERSELF OR BY HER THE PARENTS. ELEMENTS 1. That there is a pregnant woman who : has suffered an ; 2. That the abortion is intende ; and abortion d 3. That the abortion caused by a. the pregnant herself is b. any woman person, with other consen heror , t c. any of her parents, with consen for the purpose of her t concealing her . dishonor The liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However, there is no mitigation for the parents of the pregnant women even if their purpose is to conceal their dishonor, daughters unlike in infanticide .
ARTICLE 259. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING ABORTIVES OF . ELEMENTS 1. That there is a pregnant woman who : has suffered an ; 2. That the abortion is intende ; abortion d 3. That the offender, who must be a physicia or , causes or assists in causing n midwife andthe abortion;
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4. That said physician or midwife scientifi takesadvantage of his or her knowledge or . c skill It is not necessary that the pharmacist that knew the abortive would be used to cause abortion. What is punished is the act dispensing an abortive without the proper of prescription. It is not necessary that the abortive be actually If used. pharmacist knew that the the would abortive be used to cause abortion and abortion results, he is liable as an accomplice. RA 4729: regulates the sale, dispensation, and/or distribution of contraceptive drugs and devices It is not unlawful if Sale, dispensation or distribution of contraceptive drug or contraceptive device is by a duly drug store or pharmaceutical company licensed and prescription of qualified medical with practitione r ARTICLE 260. RESPONSIBILITY OF PARTICIPANTS IN A DUEL. ACTS 1. Killin ones adversary in a PUNISHED: 2. gInflicting the seriou duel. upon adversary s physical . 3 injuries Making although no physical . combat injuries have been inflicted. PERSONS 1. Principal person who killed or inflicted LIABLE: s physical injuries upon his adversary, or combatants in any other both 2. cases. Accomplice as second s s A duel is a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight. If deat results, the penalty is the same as that for homicid . h e The law disregards intent to kill in a In case of slight physical injuries inflicted duel on another, penalty is arresto menor, 3 paragraph applies only when no physical injuries are inflicted ARTICLE 261. CHALLENGING TO A DUEL. ACTS 1. Challengin another to a duel. PUNISHABLE: 2. g Incitin another to give or accept a g challenge to a 3 duel. Scoffing at or another publicl . decrying having refused to accept a challenge toyfight a duel. PERSONS LIABLE: 1. Challenger 2. Instigators
for
Chapter Two INJURIES
PHYSICAL
ARTICLE 262. MUTILATION. KINDS OF 1. Intentionally mutilating another by MUTILATION: deprivingof some essential him, totally or partially, organ for reproductio . 2. Intentionally making other mutilation, n i.e. lopping, clipping off any part of the of body the offended party, other than the essential organ for reproduction, to deprive him of that part of his body. ELEMENTS OF THE FIRST KIND OF 1. Castratio , i.e. mutilation of organs MUTILATION: n necessary for generation such as the or ovarium; and penis 2. Purposely and . deliberately In first of mutilation, the castratio the must kindbe purposely . Otherwis , it will n made e be considered as mutilation of the second kind . Mayhe refers to an other intentional m y mutilation Under R.A. 7610, the penalty for the second . type of mutilation shall be one degree higher when the victim is below 12 years old. ARTICLE 263. INJURIES. HOW 1. Wounding; COMMITTED: 2. Beating; 3. Assaulting; or 4. Administering SERIOUS PHYSICAL
rd
injurious substances.
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SERIOUS PHYSICAL 1. When the injured becomes INJURIES: person imbecile, impotent or insane, in blind the physical injuries consequence of 2. When the injured person inflicted. speec or the power to a. loses the use of he ar or to smel ,h loses an eye, a foot, arm or lleg , hand, b. loses the use of any such , or member c. incapacitated for the in which he work been habitually had becomes 3. Whenengaged the injured person a. becomes deformed , b. loses any other of his body, c member the loses thereof, or d. use ill or incapacitated for . becomes the performance of the in which work had been habitually engaged in he for more than 90 4. When the injured person ill or days becomes incapacitate for labor for more than d days (but not more than3090 days). Serious physical injuries may be committed reckless imprudence or through imprudence simple . There must be no intent to kill . Impotence includes inability to copulate andsterility Blindness requires lost of in both . vision eyes. Mere weakness in vision is not contemplated Loss of power to hear must involve both . ears . Otherwis , it will be considered as serious e physical injuries under par 3. Loss of the power to hear in the right is ear considered as merely loss of use of other part of the body. some Loss of use of hand or incapacity of usual work in paragraph 2 must be permanent. Paragraph 2 refers to principa members of the body. Paragraph 3, on the other hand, l covers any other member that is not principal part of the body. In this respect, a a front tooth is considered as a member of the body and not a principal member. means Deformit physical permanent and definite abnormality that y ugliness, is not curable by natural or by It must conspicuous and visible nature. Thus, if . means be scar is usually covered by a dress, it the would not be conspicuous and visible. Loss as deformity will not apply to child or of teeth old man. The loss of 3 incisors is a visible deformity. one incisor is not. However, loss of Loss of one tooth which impaired appearance is a deformity. Deformity by loss of teeth refers to injury which cannot be repaired by the action of nature Loss of both outer ears, loss of the power to . hear, and loss of the lobule of the ear constitute deformity. Loss of the index and middle fingers is either a deformity or loss of a member, not a principal one, of his body or use of the same. If the injury would require medical for more attendance than 30 days, the illness of the offended party may be considered as lasting more than 30 days. The fact that there was medical attendance for that period of time shows that the injuries were not cured that length of for Under paragraph 4, all that is required is time. illness or incapacity, not medical In attendance. incapacit , the injured party determining an avocation y must have work at the or time studies of the . Work preparation for injury includes a or When the category of the offense of serious profession. physical injuries depends on the period of the illness or incapacity for labor, there must be evidence of the length of that . period Otherwis , the offense will only be considered as slight physical injuries. e There is no if the injured party could stillincapacity in his work engage less effectively than before. although Serious physical injuries qualifie when same is the crime is committed against d the persons enumerated in the article parricide orwhen it is attended by any of the on circumstances defining the crime murder. However, serious physical of resulting injuries from excessive chastisement parents is not qualified serious physical by injuries . ARTICLE 264. ADMINISTERING SUBSTANCES OR INJURIOUS BEVERAGES. ELEMENT : S 1. That the offender inflicted upon another person any serious physical ; 2. That it was done by injury administering to him knowingly any substances injurious or or by beverages taking
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advantage of his weakness of mind credulit ; and or 3. y He no to . had intent kill It is frustrated murder when there is intent to kill Administering means introducing into the body the substance, thus throwing of the in face is not acid the contemplated. Weakness of mind or credulity witchcraft, philters, magnetism ARTICLE PHYSICAL 265. LESS INJURIES . SERIOUS When there is no evidence of actual injury Supervening event converting crime serious physical injuries after filing of into information can still be the subject of a new charge
ANTI-HAZING LAW (R. A. NO. 8049) HAZING is an initiation rite or practice as prerequisitea for into membership in admission sorority or organization by placing a fraternity, the recruit, neophyte or applicant in embarrassin or situation such as forcing him to some g humiliating foolish and other similar s do menial, silly, or activities or otherwise subjecting him physical tasks to or psychological suffering or injury. PERSONS LIABLE: 1. The officers and of the fraternity, members sorority or organization who actuall participate in the infliction of physical y shall be liable as d harm principals if the pers on subjected to hazing or other forms of initiation rites suffers any physical injury or as a result thereof; dies QUALIFYING : a. when CIRCUMSTANCES recruitment is the by force, violence, accompanied threat, or deceit on the person of the recruit intimidation who refuses to ; join b. when the recruit, neophyte or initially consents to but upon applicant join learning that hazing will be committed on his person, is prevented from quitting c. ; when the recruit, neophyte or having undergone hazing prevente applicant is d from the unlawful act to parents or reporting guardians, to the proper his school authorities, or to the police authorities, through force, violence, threat or d. intimidation; when the hazing is outside committed school the or ; or of e. when the victim below twelve institution is years of age at the time (12) hazing. of the 2. The school including authorities members who consen to faculty the orwho have actual thereof, but t hazing knowledge failed to take any to prevent the same from occurring shall be punished accomplices action as
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ELEMENTS 1. That the offended party is incapacitated : labor for 10 days or morefor (but not than 30 , or needs more attendanc for the samemedicalof time; and period days) 2. e That the physical must not be described in the preceding . injuries those articles CIRCUMSTANCES QUALIFYING THE 1. when there manifest intent to insult OFFENSE: is offen the injured person or d 2. when there are circumstances ignomin to the offense adding y 3. when the victim is either the offenders parents, ascendants, guardians, or curators 4. when the victim is a person ran or person teachers of in authority provided the crime is not k , direct assault This article applies even if there was no incapacity but the medical treatment was more for than 10 days.
ARTICLE 266. SLIGHT PHYSICAL INJURIES AND MALTREATMEN T THREE KIND : (3) 1. S That incapacitate the offended party for 1-9 or required medical which labor from d days attendanc during the same period. 2. That which not prevent the e did party from engaging in his habitual offended work or which did not require attendanc ( Ex . medical 3 e Ill-treatment of blackeye). by another w/o . deed any injury. causing Ex. slapping but w/o causing dishonor) (

for the acts of hazing committed by perpetrators; the 3. officers, former officers, or of The the organization, group, fraternity or sorority alumni who actually the althoug not planned when the acts constituting hazing h presentwere committed shall be liable the hazing principals. as 4. A fraternity or sorority's who is adviser presen when the acts constituting t the hazing were committed failed to actio to prevent the same from and take n occurring shall be liable as principal. The presenc of any person during the hazinge prima facie evidence of is participation therein as unles he prevented the of the illegal principal s commission acts Any person charged under this . provision not be entitled to the shall circumstance that there was no mitigating to commit so grave a . intention wrong it occurs a second time, and she remains in the situation, she is defined as a battered woman.
Chapter RAPE
Three.
RA 9262 ANTIVIOLENCE AGAINST WOMEN THEIR CHILDREN ACT OF AND 2004
What is the Battered Woman Syndrome? What is its effect on the criminal liability of the accused? Battered Woman Syndrome refers to a scientifically of psychological and behavioral defined pattern symptoms found in women living in relationships as a result of cumulative abuse. battering refers to Battery any act of inflicting physical harm upon the woman or her child resulting to physical psychological or emotional and distress. Victim-survivors who are found by the courts to suffering from Battered Woman Syndrome do not be incur any criminal or civil liability notwithstanding absence of any of the elements for justifying the circumstances of self-defense under the RPC. PEOPLE vs. GENOSA, G.R. No. 135981. 1/15/04 In order to be classified as a battered woman, the accused and her spouse must go through the battering cycle at least twice. Any woman may find herself in an abusive relationship with a man once. If
ARTICLE 266A-266B. RAPE The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as a Crime Against Persons. It incorporated rape into Title 8 of the RPC . ELEMENTS Rape is committed : 1. By a man who shall carnal of a woman under following have any of the knowledge circumstances a. force, threat or : through the offended party is intimidation; b. when deprived of reason or otherwise c. by means of fraudulent machination unconscious; grave abuse of ; or or authority d. when the offended party is under 12 years of age or is demented , even though none of the circumstances mentioned above be presen . t 2. By any person who, under any of the circumstances mentioned in paragraph 1 shall commit an act sexual assault hereof, of by insertin a. peni into another persons mouth g his or anal s orifice ; or b. any instrument or , into the genita object l or anal orifice of another person. Rape committed paragraph is punishable by: under 1 1. reclusion 2. reclusion perpetua to DEATH perpetua when: a. became by reason or on the victim occasion of rape; or insane b. the rape is attempted and a is homicide by reason or on the committed occasion thereof. 3 DEAT when: . H homicid is a. b. victim under 18 years an e committed; is offender old d i. parent, is: ii. ascendant, iii. step-parent, iv. guardian,
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v. relative by consanguinity or within 3r civil degree, affinity d vi the common spouse of victims . law parent; c. under custody of the police or any law the military or authorities enforcement or penal d. institution; committed full of the spouse, in parent or any of the children or other view rd degree of relatives within the 3 consanguinity e. victim is religiou engaged in ; a legitimate religious vocation or s and is calling personally known to be such the before or at the time of the by offender commission of the f. a child 7 old; crime; below g. offender years knows he is with HI V or AIDS afflicted or any sexuall transmissible and the yvirus other transmitte to the disease is d victim; the AFP, or h. offender is a member of para-military units thereof, or the PNP, or any law enforcement agency or penal institutio , when the offender took advantage of his to facilitate n the commission of the position i. crime; the victim permanent suffered physical mutilation or j. thedisability; offender knew of the of pregnancy the offended party at the time of the commission of the crime; k. when the offender knew of the and mental disability, emotional disorder physical of the offended party and/or handicap of the commission of at the time crime the . Rape committed paragraph is punishable under 2 by: 1. prision mayor 2. prision mayor to reclusion temporal a. deadly , or when: there was use of weapon two or more b. when committed by person . s 3. reclusion temporal when the victim has become 4. reclusion temporal to reclusion perpetua insane rape is attempted and homicide committe is 5. reclusion perpetua homicid is d committed by reason or on occasion e rape of 6. reclusion temporal committed any of with the 10 aggravating mentioned above circumstances Dividing age in 1. mandatory rape: less than 7 years old 2. less than 12 years old statutory death rape 3. less than 18 years old and there is relationship (e.g. parent, etc.) mandator deat y h Degree of Force 1. Force sufficient to consummate necessary: culprits purpose 2. Consider age, size and strength of parties and their relation to each other Rape may be committed by intimidation(Intimidation Moral employing kind) When the offender in rape has an ascendancy or influence over the girl, it is not necessary to put up determined Rape may be proved by testimony of woman resistance alone 1. An accusation for rape can be made with facility, is difficult to prove, but more difficult for person accused, though innocent, to disprove 2. Nature only two persons are involved, testimony of complainant must be with scrutinized extreme caution 3. The evidence for prosecution must stand or fall on its own merits, and cannot be allowed to draw strength from weakness of evidence for defense Deprivation of reason contemplated by law need not be complete, mental abnormality or deficiency is CONSUMMATED RAPE: penetration of sufficient labia consummates the crime of ATTEMPTED RAPE: intent to have rape carnal knowledge must be clearly Multiple rape by two or more offenders each shown one is responsible not only for rape personally committed, but also for rape committed by others Rape with homicide is now a special crim complex e Rape infecting victim with gonorrhea that death is an illustration of rape with caused homicide Indemnity in Rape: P50,000 mandatory; if circumstances which death penalty is authorized Rape with homicide P100,000 P75,000; Moral damages P50,000, without need of proof Exemplary damages if crime committed with one or more aggravating circumstances PEOPLE vs.NEQUIA, G.R. No. 146569.10/6/03
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In rape by sexual assault, the word "instrument or object" should be construed to include a human PEOPLE vs. OLAYBAR G.R. Nos. 150630-31. ORDINARIO vs. PEOPLE G.R. No. 155415. 520/04 The definition of the crime of rape has been expanded with the enactment of Republic Act No. 8353, otherwise known as the Anti-Rape Law of 1997, to include not only "rape by sexual intercourse" but now likewise "rape by sexual assault." An act of sexual assault under the second paragraph of the article can be committed by any person who, under the circumstances mentioned in the first paragraph of orifice, or any instrument or object into the genital or anal orifice, of another person. The law, unlike rape under the first paragraph of Article 266-A of the Code, has not made any distinction on the sex of either the offender or the victim. Neither must the courts make such distinction. together with her. Thus, in two cases the Court convicted the woman as a principal by direct The fact that no laceration and no ruptured hymen were found in this case, does not necessarily negate rape. The fact that the hymen was intact upon broken hymen is not an essential element of rape, nor does the fact that the victim remained a virgin exclude the crime. took place. At her age, it could easily be conceived that she feared the appellant and believed his threats, that he would kill her and her family if she Even the slightest contact of the penis with the labia under the circumstances enumerated under Art. 266A of the Revised Penal Code constitutes rape. A flaccid penis can do as much damage as an erect one at least insofar as the crime of rape is PEOPLE vs. MALONES, G.R. Nos. 124388-90. PEOPLE vs. AGSAOAY, G.R. Nos. 132125-26. The negative findings of spermatozoa on the medicoAn unchaste woman who habitually goes out with different men may be a victim of rape. The vic tims crime of rape. It does not negate the existence of rape. of inquiry is whether carnal knowledge took place. PEOPLE vs. LALINGJAMAN, G.R. No. 132714. 6/6/01 consent of the rape victim is below the age of 12. where people congregate such as parks, along the PEOPLE vs.SABARDAN, G.R. No. 132135. 5/21/04
CENTRAL
OPERATIONS 2007
When the original and primordial intention of the appellant in keeping the victim in his apartment was to rape her and not to deprive her of her liberty, the paragraph 1 of the Revised Penal Code, and not of the complex crime of serious illegal detention with rape under Article 267, in relation to Articles 335 and 48 of the Code. evidence of the relationship like mementos, love letters, notes, pictures and the like. Here, no such Force or intimidation may be actual or constructive. In appellant took advantage of her condition and succeeded in having sexual intercourse with her. Hence, he is guilty of forcible rape. cases is not a defense at all in rape where the victim is a mental retardate. relationship does not include god-father relationship Sweetheart theory prevails as a defense in rape when it casts reasonable doubt as to the guilt of the accused. the victim and her relationship to the offender ARTICLE 266-C. EFFECT OF PARDON. Subsequen marriage between the offender t and the offended party imposed. husban d the criminal action or penalty. This does not follow if the marriage is void ab initio .
WATIWA, G.R. No. 139400, September 3, 2003 In Qualified Rape, the term guardian refers to a legal guardian as in the case of parents or guardian ad litem or judicial guardian appointed by the court,
133066-67, October 1, 2003 The force or violence necessary in rape is a relative EVIDENCE WHICH MAY BE ACCEPTED FOR THE PROSECUTION OF 1. Any RAPE: physical overt act so situated as ofto giving
father against his own daughter, the former's parental authority and moral ascendancy substitutes for violence or intimidation over the latter who,
render him/her incapable consent. PEOPLE OF THE PHILIPPINES vs. ANTHONY The mere assertion of a love relationship does not the crime of rape. A sweetheart cannot be forced to

TITLE CRIMES AGAINST PERSONAL LIBERTY NINE AND SECURIT Y PEOPLE vs. PICKRELL, G.R No. 120409. 10/23/03 Although the victim my have inceptually consented to go with the offender to a place but the victim is thereafter prevented, with the use of force, from leaving the place where he was brought to with his consent and is detained against his will, the offender is guilty of kidnapping and serious illegal detention. PEOPLE vs. PUA, G.R. NO. 144050. 11/11/03 The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances mentioned in Article 267 were present in the commission of the offense
Chapter Liberty
One.
Crimes
Against
Section One. Illegal Detention ARTICLE 267. KIDNAPPING AND SERIOUS ILLEGAL DETENTION ELEMENTS 1 private individual; : . That the offender is a 2. That kidnaps or another, or in any he other manne deprives detains the ; 3. That the act of detention or kidnapping must r liberty be illegal ; and 4. That in the commission of the offense, any of the following are present ( detention becomes serious): circumstances a. that the kidnapping/detention lasts more for than 3 b. that it is committed simulating days, by authority public c. , that serious physical are any inflicted upon the person kidnapped or injuries detained or threats to him are made, or d. that the person kidnapped or detained is a kill mino (except if parent is the offender ), r female or a public officer. Deat is imposed in the following instances: h penalty[death suspended] 1. if kidnapping is committed for the purpose of extorting ranso either from the victim or any other person even if none of the m from aforementioned circumstances are present in commission of the offense; and the 2. when the victim killed or as a raped or is is consequence of the detention or is dies subjected to torture or dehumanizing . acts PEOPLE vs. OBESO G.R. No. 152285. 10/24/03 It is true that for kidnapping to take place, it is not necessary that the victim be placed in an enclosure; neither is it necessary that the detention be prolonged. However, the essence 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.
ILLEGAL DETENTION DETENTIO ARBITRARY N Committed by a private Committed by a individual who officer public or employee who unlawfully kidnaps, detains or detains a person without otherwise deprives a legal ground person of liberty. Crime is against personal Crime against the liberty and fundamental law of the security State
ARTICLE 268. SLIGHT ILLEGAL DETENTION ELEMENT : 1. private person; S That the offender is a 2. That kidnaps or another or in the or he he other detains deprives any manner furnishes the liberty the perpetuation of the for detention; place 3. That the act of detention or kidnapping must be illegal ; 4. That the crime is without committed attendance of any of the the enumerated . circumstancesin Art. 267 PRIVILEGED MITIGATING If the offender: CIRCUMSTANCE: 1. voluntarily the person so kidnapped or detained 3 from the releases within days commencement of the detention; 2. without having attained the intended; purpose and 3 before the institution of criminal . proceedings against him. ARTICLE ARREST 269. UNLAWFUL
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ELEMENT : 1. arrests or another S That the offender detains person; 2. That the purpose of the offender is to him to the proper ; and deliver 3 authorities arrest or detention is not That the . by authorized there is or no reasonable therefor. law ground Offender is any person . Either a public officer or private individual may be Arrest/ detention refers to warrantless arrests. liable. In Article (Delay in the delivery of detained , the 125persons to the proper judicial authorities) detention is for some legal ground. While in unlawful arrest, the detention is not authorized an by law. ELEMENT : S That the offender 1. purchases, sells, kidnaps detain a human being; and or s the purpose of the offender is to 2. That enslav e such human being. Qualifyin circumstance if the purpose is g immoral some ( Ex. prostitution). traffic ARTICLE 273. EXPLOITATION OF CHILD LABOR ELEMENT : 1. retains a minor in his S That the offender service 2. That it is against the will of the ; and 3. That it is minor under pretext of the himself of a reimbursing incurred by an guardian or person entrusted with the custody debt ascendant, of such minor. Indebtedness is not a ground for detention
ARTICLE 270. KIDNAPPING AND FAILURE RETURN A TO MINOR ELEMENT : 1. S That the offender is entrusted with the custod y of a minor person ; and 2. That deliberately fails to restore the he minor said his to . parents ARTICLE 271. ABANDON INDUCING HIS HOME A MINOR TO
ARTICLE 274. SERVICES RENDERED COMPULSION IN PAYMENT OF UNDER DEBT ELEMENTS 1. compels a debtor to : That the offender work him, either as household servant or laborer ; farm 2. That it is against the debtors l; and 3. That the purpose is to require or enforce the wil payment of a . debt Chapter Two. SECURITY CRIMES AGAINST
for
ELEMENTS 1 That minor is living in the of his :. the parents or guardians or the person entrusted with home his custody; and 2. That the offender induces a minor to such . abandon home Inducement must be actual, committed with criminal and determined by a will cause intent damage . to The should not leave his home of minor his own free Mitigate if committed by father or mother will. of the d the victim. The minor need not actually abandon his or home home of guardian. Mere commission of any which tends to influence, persuade or act on a minor to abandon his home is prevail what constitutes a crime. ARTICLE SLAVERY 272.
ARTICLE 275. ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONES OWN VICTIM . ACTS 1. By failing render to any person PUNISHABLE: to whom the offender finds in an uninhabited place assistance wounded or in danger of , when he can render such w ithout detriment dying assistance unless such omission shall to himsel , constitute a more serious offense ; f ELEMENTS : That place is a. not . b. The accused found there a person inhabited or in danger of . c. dying accused can render The assistance detriment to . himself
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wounde d w ithout

d. The fails to render assistance. accused 2. By failing to help or render assistance to another whom offender accidentally wounde the has d or ; 3. By failing to deliver a chil under whom injured d 7 the offender has found abandone , to the authorities or to his family, or by failing to take him to a d safe place . (may be applied to a lost child) ARTICLE 276. ABANDONING A MINOR. ELEMENT : S That the offender has the 1. custod of a child; 2. That the child under y 7 of age; is That 3. abandonyears such child; 4. no intent to the child when he That hes and has latter is abandoned. kill the Abandonment must be conscious, deliberate, and permanent . Qualifying a. deat circumstances: of the minor; or b. h life was in because of the danger abandonment Parent guilty of abandoning their children shall . be deprived of parental authority. a. That the offender is a paren ; t b. That he neglects his children not ; and by them giving education c. That station in requires his education life and financial such permits his condition it. Obligation to educate children terminates if mother and children refuse without good reason live to with accusedgive education must be due Failure to to deliberate desire to evade such obligation
ARTICLE 277. ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS INDIFFERENCE OF CUSTODY; PARENTS ACTS PUNISHED: 1. By deliverin a minor to a public institution g other persons or w/o of the one who entrusted such minor to the care of the offender consent or, in the absence of that one, without the consent of the proper authorities; ELEMENTS a charge of the rearing or : . Offender has education of a minor; b. He deliver said minor to a public or other persons.; and s institution c. That the one who entrusted such child to to such act; or if the offender has not consented the one who entrusted such child to offender is absent, the proper authorities the have not consented to it. 2. By neglectin his by not giving educatio which their station in life requires g children them n financial and condition permits; ELEMENTS :
ARTICLE 278. EXPLOITATION OF MINORS. Acts 1. By causin any boy or girl under to perform punished: 16 anygdangerous of balancing, physical strength or contortion, the offender being any feat person. 2. By employi g under who are no the n children of the offender in children or 16 t descendants of acrobat, gymnast, rope-walker, exhibition s diver, or wild-animal tamer or circus manager engaged in a similar or 3. calling. employin any under in By dangerous g descendant enumerated in the 12 preceding paragraph, the next offender exhibitions being engaged in any of said 4. By deliverin a child under gratuitousl to callings. 16 y anyg person following any of the calling enumerated in paragraph 2 or to any s habitual vagrant or , the offender being an beggar ascendant, guardian, teacher or entruste in any capacity with the care of person child d such . 5. By inducin any under to abando the home of its ascendants, guardians, curators or g child 16 n teachers to follow any person engaged in of the any mentioned in paragraph 2 or to callings accompany any vagrant or , the offender habitual being any person. beggar Qualifying If the delivery of the Circumstance: following any of the callings of child to any person acrobat, rope-walker, diver or wild-animal trainer or circus manager or to any habitual vagrant beggar is made in consideration of any price, of compensation or promise. ARTICLE 279. ADDITIONAL PENALTIES OTHER FOR OFFENSES
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Article 280. Trespass to dwelling ELEMENTS 1 privat person; : . That the offender is a e 2. That enters the of another; and 3. entrance against the latters . he That such dwelling is will Qualifyin circumstance: If the offense is or g by means of violence committed There must intimidation. be oppositio on the part of an the owner of the house to the entry of the n accused Dwelling: any building or structure . exclusively for rest and comfort, depends upon devoted use; maybe a room; implied prohibition depending on Implied is present considering circumstances prohibition following Ex. Felony was the situation. committed late at night and asleep or everyones entrance was made through window.the Prohibition not when violence or is necessary is employed by the intimidation offender. When there no overt act of the is intended to be committed crime Ex. theft), the crime is trespass to ( dwelling. may be committed even by the Trespass owner of the dwelling against the actual occupan thereof. t NOT APPLICABLE preventin TO: entrance is for the purpose of har to himself, the occupants or g third a person; m purpose is to render some service humanity or ; and to justice place is a caf, , etc. while it is ope . tavern n Medina case :When the accused entered the dwelling through the window, he had no intent to any kill person inside. His intention to kill came to his mind when he was being arrested by the thereof. Hence, the crime of trespass to dwelling is a occupants separate and distinct offense from frustrated homicide . ARTICLE 281. OTHER FORMS OF TRESPASS ELEMENT : S That the offender 1. enters the closed or the fenced premises of another; estate 2. That the entrance is made while either of them is uninhabited ; 3. That prohibitio to enter be manifest; and the n 4. That the trespasser has not secured the permissio of the owner or the caretaker thereof. n
ARTICLE THREATS
282.
GRAVE
ACTS 1. By threatenin another with the infliction PUNISHABLE: upon his g person, honor or or that of his property wron amounting to a crime famil of any and demanding money or imposing any y g other conditio , even though not unlawful and offender attained his n the 2. By making such without the purpose. threat offender attaining his 3. By threatening another with the infliction upon purpose. his person, honor or property or that of his family of any wrong amounting to a crime, the no being subject to a . threat t condition. Aggravatin circumstances: (1) if i writin , or (2) made through a made middlema n . g g n The crime frustrate if the threat was not is received by the person being threatened. d Threat not made in heat of anger, because such threat would be punished as Other Light Threats Grave threats may be committed by indirect challenge to a gun fight, even if complainant was absent when challenge was made; it is that threats sufficient came to knowledge of offended party Threats made in connection with the commissioncrimes are absorbed by the latter of other The offender in grave threats does not demand the delivery on the spot of the money or personal property asked by him other
ARTICLE 283. LIGHT . THREATS ELEMENT : 1. a threat to commit S That the offender makes a wron ; 2. That the wrong does not constitute a crime ; g 3. That there is a demand for money or that otherconditio is imposed, even though not n unlawful. In light threats, the wrong threatened does not amount to a Requires that there be a demand of money or crime. that other condition be Blackmailing may be punished under imposed thisprovision
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ARTICLE 284. BOND FOR GOOD BEHAVIOR The person making the threats under the 2 preceding articles (grave and light threats) may be required by the court to give also bail conditioned upon promise not to the molest person threatened. ARTICLE THREATS 285. OTHER LIGHT 3. That the seizure of the thing be accomplished by means of violence or a display of force producing intimidatio ; and material n 4. That the purpose of the offender is to apply the same to the paymen of the debt. t Par. 2 Any other coercion or unjust vexation Paragraph 2 of Art. 287 covers unjust vexation It includes any human conduct which, not productive of some physical or although material har would, however, unjustly annoy or vex innocent m an st paragraph of this Light coercion under the person. rd 1 article will only be unjust vexation if the element (employing violence or intimidation) 3 is absent.
the
ACTS 1. By threatening another with a w , or by PUNISHABLE: eapon drawing a weapon in a , unless it be in lawful self-defense. quarrel 2. By orally another, in the heat anger , with some harm constituting of a , threatening crime idea involved in without in the persisting the threat 3. . orally By another harm threatening a with not constituting felony. No demand for money or condition involved not deliberate Threat is ARTICLE 286. GRAVE COERCIONS ELEMENT : 1. S That a person a. prevented another from doing something not prohibited by law or b. compel him to do something against his will, be it right or wrong 2. Violence, threats or intimidation, either force material or such display of force as would produce intimidation control of the . 3. and Without authoritywill of law Aggravating 1. Violation of circumstances:the exercise of the right of suffrage 2. Compelling another to perform a religious act or 3. preventing another from exercising such right or from doing such act (as amended by RA. 7890) The thing prevented from execution must not be prohibited by law. Otherwise, there will be no coercion . ARTICLE 287. LIGHT COERCIONS ELEMENTS of par. : 1 That the offender must be a 1. creditor ; 2. That seizes anything belonging to he debtor ; his
ARTICLE 288. OTHER SIMILAR (COMPULSORY PURCHASE OF COERCIONS MERCHANDISE AND PAYMENT OF WAGES BY MEANS TOKENS OF ) ACTS PUNISHED: 1. By forcing or , directly or indirectly, or compelling permitting the forcing or knowingly of the laborer or employee of the offender to compelling purchase or commodities of any merchandise kind from 2. By paying the due his laborer or him. employee by means of tokens or objects wages other than the legal currency of Philippines, unless by tender the expressly requested such laborer or employee. ELEMENTS OF NO. 1. 1: That the offender is any person , agent or officer of any association or corporation. 2. That he or such firm or corporation has employed or employees laborers 3. That he forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise or commodities of kind any from him or from said firm or corporation. ELEMENTS OF NO. 2: That the offender pays the wages due a laborer 1. or employee employed by him by means of tokens or objects 2. That those tokens or objects are other than the legal tender currency of the Philippines.
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3. That such employee or laborer does not expressly request that he be paid by means of tokens or objects. ARTICLE 289. FORMATION, MAINTENANCE, PROHIBITION OF COMBINATION OF CAPITAL AND ORLABOR THROUGH VIOLENCE OR THREATS ELEMENT : S That the offender employs 1. violence or , threats in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or ; and 2. That the purpose is to organize, maintain work or prevent coalitions of capital or labor, strike laborers or lockout of . of 3. employees shall not constitute a more If the act serious offense. Chapter Three. DISCOVERY REVELATION OF SECRETS AND 2. That learns the of his principal or he master in such capacity; secrets 3. and That reveals such he secrets. Damage is not required by this article. ARTICLE 292. REVELATION OF INDUSTRIAL SECRETS ELEMENT : S That the offender is a person in charge, 1. employee or workman of a manufacturing industrial ; or 2. establishment manufacturing or That the establishment has secret of the industry industrial a offender has learned; which the 3. That the offender reveals such secrets; 4. That prejudice is caused and the to owner. Prejudice is an essential element of this offense
ARTICLE 290. DISCOVERING THROUGH SEIZURE OF SECRETS CORRESPONDENCE ELEMENT : 1. privat individual or even S That the offender is a e a public officer not in the exercise of his official function; 2. That seizes the papers or of another; 3. discover the of he That the purpose is to letters such another person; and secrets 4. That offender is informed of the or the contents papers or letters seized. This article is not applicable to parents respect to their minor children or to spouses with with to the papers or letters of either of them. respect Content of the correspondence need not be s secret. The purpose of the offender prevails. Qualifyin circumstanc :When the offender g reveals the e contents of such papers or letters to a 3 rd person. This article does not require that the offended party be prejudiced.
TITLE CRIMES TEN PROPERTY
AGAINST
Chapter One.
ROBBERY GENERAL
IN
ARTICLE 291. REVEALING SECRETS WITH ABUSE OF OFFICE ELEMENTS 1. : That the offender is a manager, employee servan ; or t
ARTICLE 293. WHO ARE GUILTY OF ROBBERY ELEMENTS of robbery IN 1. That there personal belonging to GENERAL: be property another ( bienes muebles) 2. That there unlawful of that property is (apoderamiento or asportacion taking 3. That the taking must be intent to ; with (animus lucrandi ) gain 4. That there violenc against orintimidatio of is any person , or force upon e n anything. Person from whom property was taken need not be the owner. Legal possession is sufficient . General rule: The identity of the real owner is notessential so long as the personal property taken does not belong to the accused. Exception: If crime robbery with homicide the is The taking of personal property must be unlawfu l in order to constitute robbery. If the property is in possession of the offender because it was the given to him in trust by the owner, the crime is estafa.
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If taking was lawful, then misappropriated after possession crime may be (estafa) malversation, As to robbery w/ violence or intimidation, from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is complete As . robbery w/ force upon things, thing to must be taken out of the building in order to consummate robbery. Intent to gain is presumed from unlawful taking of personal property. The unlawful taking must not be under the of claim title or ownership. When there no intent to gain but there is grave is violence in the taking, the crime is coercion. The violence or intimidation must be committed the person of the offended party, not against upon the thing taken. General Violence or intimidation must present rule: before the taking is complete. be Exception When violence results in : homicide, rape, intentional mutilation or any of the physical serious injuries in paragraphs 1 and 2 of Art. 263 (Serious Physical injuries) , the taking of the property is robbery complexed w/ any of these crimes under Art. 294, even if the taking is already complete when violence was used by the offender. Use of force upon things is entrance to the building by means described in Arts. 299 and 302. When both violence or intimidation and force upon things concur in committing the crime, it is robbery w/ violence against persons. If not personal property but real property or rights crime may be Theft,usurpation where accused cut with bolo not robbery, the strings tying opening of a sack and then took the palay RA 6539 is applicable when property taken in robbery is a motor vehicle (Carnapping: with intent to gain of motor vehicle belonging taking to another without the latters consent, or by of violence against or intimidation of persons or means by using force upon things; Unqualified -14years and 8 months to 17 years and 4 months; violence/force upon things -17 years and 4 months to 30 years; occupant killed or raped reclusion perpetua to death) ROBBER Y W VIOLENC / E GRAV E THREAT S GRAV E COERCIO N Intent to gain No intent to gain No intent to gain Immediat Intimidation Intimidatio e ; n har promises some (effect) is future harm or immediate and m injur offended party y is compelled to do something against his will right or (w/n wrong)
ROBBERY BRIBERY X didnt commit crime intimidated but is deprive him of his to property Deprived of money thru force or intimidation Transaction Neither
X has committed a crime and gives money as way to avoid arrest or prosecution Giving of money is in a sense voluntary is
and voluntary mutual Ex. Accused demands payment of P2.00 with threats and prosecution, therefore, robbery because of arrest (a) intent to gain and (b) immediate harm PEOPLE vs. BOCALAN, G.R. No. 141527. 9/4/03 For the appellant to be guilty of consummated robbery, there must be incontrovertible proof that property was taken from the victim. The appellant is guilty of attempted robbery only when he commences the commission of robbery directly by overt acts and does not perform all the acts of execution which would produce robbery by reason of some causes or accident other than his own spontaneous desistance. ARTICLE 294. ROBBERY WITH AGAINST INTIMIDATION OF VIOLENCE OR PERSONS ACTS PUNISHED AS ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS: 1. When by reason or on occasion of the robbery, homicid is e committed; 2. When the robbery is accompanied rape or ; w/ intentional mutilation or arson 3. When by reason or on occasion of robbery, any of the physical resulting insanit injuries impotency,in or y, is inflicted; imbecility, 4. When by reason of or on occasion of the robbery, blindness serious physical resulting in los of the use of speec , or the power to hear or s to injuries the h smel , or the loss of an eye, hand, foot, leg l , or the loss of the use of any such arm, member
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Criminal Reviewer ATENEO
Law
BAR
for
Summer
or incapacity work
physica injurie deformity, loss of any l s part use illness incapacity for the performance of or work the > for90 days or > 30 If violence days the employed defined in Art. 263, or if offender employs SPECIAL SPECIFIC 1. COMPLEX CRIMES WITH
upon person
unnecessar y any
Well entrenched in this jurisprudence is the doctrine that when homicide takes place as a consequence or on occasion a robbery, all those who took part in the robbery are guilty as principals in the special complex crime of robbery with homicide, even if they did not actually took part in the homicide. The only exception is when it is clearly shown that the accused
under the Revised Penal Code. The crime is Robbery with Homicide notwithstanding the number of and even if murder, physical injuries and rape were
2. In
is committed and if homicide was committed appreciable time. If original design is not robbery robbery was committed after homicide an as , offender committed of robbery and robbery with homicide homicide bystander and not the innocent robbed person mere , the precede . Prosecution of need not be by the offended the the Whe party nrape and homicide co-exist be considered as and the crime is Robbery with intimidation still nature or by reason of the circumstances, inspiren the person against whom the acts i directed. are
ARTICLE 295. ROBBERY WITH PHYSICAL COMMITTED INJURIES, IN AN UNINHABITED
QUALIFYING CIRCUMSTANCES IN WITH VIOLENCE OR INTIMIDATION ROBBERY OF PERSONS : 5 of Art. 294 is committed uninhabite 2. by a , or d moving train, street motor vehicle car, or airship the passengers 4. by entering , or in any manner taking the respective conveyances, 5. onor a and the intimidation is made with the use of must alleged be
PEOPLE vs. COMILING, G.R. No. 140405. 3/4/04 As correctly stressed by the Solicitor General, robbery with homicide is a special complex crime. It is enough that in order to sustain a conviction for this crime, the killing, which is designated as homicide, killing. For as long as the killing occurs during or
informatio n will not apply
s under paragraph 1 of Art. 263.
ARTICLE 296. DEFINITION OF A BAND AND PENALTY INCURRED BY MEMBERS THEREOF. 12/11/03

When at least four armed malefactors take part in the commission of a robbery, it is deemed committed by a ban . d Requisites for liability for the acts of the members of the other 1. member of the band: That the accused was a band; 2. That he was presen at the commission of a robbery by thattband; 3. That other of the band assaul ; and the committedmembers 4. an That did not attempt to the t he assault. prevent Conspiracy is presumed when 4 or more armed persons committed In robbery committed by a band, allare liable for robbery. any assault committed by the band, unless the others attempted to prevent the assault. ARTICLE 297. ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE Same penalty, whether robbery is attempted or frustrated as long is homicid is committed reason or on occasion thereof. , e by Where the offense is attempted or robbery with serious frustrated physical , Art. 48 injuries (complex crimes) is applicable. ELEMENTS of robbery with force upon under things subdivision entere (a) an inhabite (a): 1. That the offender d house, or (b) publid building, or (c) edifice devoted to c religious 2. That the entrance was effected by any of the worship; following means: a. Through opening not for an entrance or egress, intended b. By breakin any wall, roof, or floor or g breaking any door or window, c. By false keys, picklocks using similar or , or d. tools using By fictitious or publi any pretending the exercise of name c authorit ; and 3. That once inside the building, the offender y took personal belonging to property withintent another to . gain Inhabited is any shelter, ship or vessel house constituting the dwelling of one or more even therefrom person though temporarily absent robbery is when committed. It includes dependencies, courts, corals, barns, etc. It does not include orchards and lands for In robbery by use of force upon things, it is cultivation. necessary that offender enters the building or where object may be found. When there was no entry, no robbery was Whole body committed. must be inside the house, public building or place devoted to worship to constitute entering In .entering the building, the offender must an ( People have intention to take personal property vs. Tayag) . Public building includes every owned building , rented or used by the althoug owned by government private persons or temporarily h vacant. Passing through open door but getting out of an a window is not robbery but theft. To constitute robbery, the outside door must broken or If the lock was be smashed.or door was merely pushed, crime is merely removed only theft. False are genuine keys stolen from owner keys or any keys other than those intended the by owner for use in the lock w/c was the opened forciblyby the offender. Picklock are those specially adopted for commission of the s robbery. must have been The key not by force . Otherwise, its robbery by violence and stolen intimidation against persons .
ARTICLE 298. EXECUTION OF DEEDS BY VIOLENCE OR MEANS OF INTIMIDATION ELEMENTS 1. That the offender has intent to : defraud another; 2. That the offender compels him to sign, execute, or deliver any public or ; and instrument document 3. That the compulsion is by means violenc . of or e intimidation This article is not applicable if the document is void. Applies even if document signed, executed or delivered is a private or commercial document. ARTICLE 299. ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR TO EDIFICE DEVOTED WORSHIP.
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False key must have been used in house and not any furniture inside. opening the crime Otherwise, is only theft. General If false key/picklock was used Rule:an inside to open ( Ex. door of a room) and offender took personal property, the crime is only door theft Exception If the room is a separate . place, crime is robbery. : dwelling The use of fictitious name or the act of pretending to exercise authority must be committed for purpose of entering the building. the ELEMENTS of robbery with force upon things subdivision under insid a dwelling house, (b): 1. That the offender is public building, or edifice devoted to religious e worship, regardless of the circumstances under which he entered ; and 2. That the offender takes personal it belonging to anotherproperty with intent to , gain under any of the following a. by the breakin of doors, wardrobes, circumstances: g chests, or any other kind of locked or sealed furniture or receptacle, or b. by taking such furniture or objects away to be broken or forced outsid the place of the robbery. open e It is not necessary that entrance was made through any of the means mentioned subdivision (a). in Offender may be servants or guests. Destruction of keyhole of cabinet is robbery under this subsection. When sealed box is taken out for the purpose of breaking it, crime is already consummated is no need to actually open robbery. There inside the building from where it was it Buttaken. box was confided into the custody of if the accused and he takes the money contained the crime is therein, The crime thef if the box was found outside estafa. is of the building tand the accused forced it open. Mitigatin circumstance g 1. Offenders do not carry arms and the value of : the property taken exceeds 250 pesos. 2. Offenders are armed, but the value does not exceed 250 pesos. 3. Offenders do not carry arms and the value does not exceed 250 pesos penalty of a) or b) in minimum 4. period. Committed in dependencies ARTICLE 300. ROBBERY IN AN PLACE AND BY A UNINHABITED BAND. Robbery in an inhabited house, public building or edifice devoted to religious worship is qualifie when committed by band in an d a and uninhabite place. d ARTICLE 301. WHAT IS AN INHABITED PUBLIC BUILDING OR BUILDING DEDICATED HOUSE, TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIE S Dependencie of an inhabited house, public building or building dedicated to religious worship s are all interio courts , corrals, warehouses, granaries or enclosed places: r 1. contiguou to the building, having s an entrance interior therewith, and 2. connectedpart of the w forming . A garage, in order to be considered as a hole dependency of a house, must have the 3 foregoing requirements.
ARTICLE 302. PLACE UNINHABITEDOR BUILDING.
ROBBERY IN AN IN A PRIVATE
ELEMENT : uninhabite S 1. That the offender entered an place ora building which d not was a dwelling house, not a public building, not an edifice devoted to or worshi religious ; p 2. That any of the following circumstances was present: a. That entrance was effected through not for entrance or an opening intended egress, b. A wall, roof, floor, or outside door or window was broke , c. The entrance was effected through n the use of false keys, picklocks or similar other , d. Atools wardrobe, chest, or any sealed or door, closed furniture or receptacle was broke ; or e. An closed or sealed receptacle was removed, even if the same be open ; and broken elsewhere 3. That intent to , the offender took personal belonging to with therefrom gain property another . This article covers the second kind of robbery with force upon things.
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Uninhabited place under this article is an uninhabited building w/c is not a dwelling public Ex. house, building, or edifice for worship. warehouse, freight car, store. Robbery under this article is committed in (Robbery in the same manner as in Art. 299 inhabited house, public building, and edifice devoted to religious worship ) except that what was entered into was an uninhabited place a orbldg. other than the 3 mentioned in Art. 299. use of fictitious name or pretending The exercise of public authority is not the also include in this The breaking of d article. padlock but not of the door is only theft . ARTICLE 303. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE PRIVATE OR BUILDING When the robbery described in Arts. 299 and 302 consists in the taking of cereals, fruits , or firewood, the penalty is one degree lower.
Chapter BRIGANDAGE
Two.
ARTICLE 306. WHO ARE BRIGANDAGS; PENALT Y. There is brigandage when 1. at least four armed persons, 2. band of robbers, and 3. their purpose is any of the ff: a. Robbery in the highway b. Kidnapping for extortion or ransom c Any other to be obtained by . purpose force means of and . Al the members of the band are presumed violence l brigands if any of them carries an firearm. unlicensed
ARTICLE 304. ILLEGAL POSSESSION OR SIMILAR OF PICKLOCKS TOOLS ELEMENT : possessio S 1. That the offender has in his n picklocks or similar 2. That such picklocks or similar tools tools; are specially adopted to the commission robbery ; and of 3. That the offender does not have cause for such possession. lawful Actual use of the picklocks or similar tools is not necessary . ARTICLE KEYS. 305. FALSE
BRIGANDAGE BAND Purposes are as enumerated in Art. 306 Mere of a band for the formation above purpose
ROBBERY IN Only to commit robbery, not necessarily in hiway purpose is to If the commit a particular is necessary robbery, it to prove that band actually robbery committed
ARTICLE 307. AIDING AND ABETTING A OF BAND BRIGANDS ELEMENT : S 1. That there is a band of ; 2. That the offender brigands the band to be of know s brigands; and 3. That the offender does any of the following acts: a. he in any aids, abets manner protect such band or brigands, or of b. s he gives information of themmovements of the police or the peace other officers of the Government, or c. acquires or receives the such he take by property n brigands.
FALSE include 1. picklocks or similar KEYS : tools, 2. genuine keys stolen from the owner; 3. and any key other than those intended by owner use in the lock forcibly opened by the for offender. Possession of false keys in paragraphs (b) and (c) above is not punishable. If the key was entruste to the offender and he used it to steal, crime is not robbery but theft d
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P. D. No. 532 defines brigandage as the seizure of any person for: (a) ransom; (b) extortion or other unlawful purpose; or (c) the taking away of property by violence or intimidation or force upon or other unlawful means, committed things any person on any Philippine by highway. The Anti-Carnapping defines Act carnapping as the taking, with intent to gain, of a motor vehicle belonging to another without the latters consent, or by means of violence against or intimidation of persons, or by using force upon things. This law also penalizes the defacing or tampering with the original serial number of motor vehicle engine blocks, and chassis. engines, he took personal property of another with intent to gain. Trust, Commission, Administration: Juridical possession of thing transferred to another If only of object (i.e. only possessio ) was given to the accused and it is custody material n actually taken by him with no intent to return, crime the theft But if juridical possession is transferred ( Ex. , by a contract of bailment) is is . given to the accused and he takes the property to gain, the crime with intent estafa. Personal property: includes electricity and is gas, promissory note and Ex. the misreads or one using check. the meter to profit thereby,inspector a jumper Consent: freely given and not merely lack of objection Allegation in the of the lack of information the owners is Finder: may be a finder important. in law consent Theft is consummated when the offender is able to place the thing taken under contro and in such it his a situation as he could dispose of l at once (although there is actually no opportunity to dispose). Servant using his employers car permission is guilty of qualified theft although without his thereof was only temporary. However, Reyes use says that there must be some character of permanency in depriving owner of the use of the object and making himself the owner. joyride must be deemed as qualified theft. Therefore, An employee taking his salary before it is actually delivered to him is guilty of If the offender, in good faith , claims property as theft. his own, no is although claim of theft ownership is later found to be . committed his untrue if his claim is in bad faith, he is guilty of However, theft. PERSONS LIABLE FOR THEFT: 1. Those who: a. with intent to gain, w/o violence against or intimidation b. but of persons nor force upon things c take d. . personal property e. of another f. w/o the latters consent. 2. Those who: a. found lost , b. fail to the same to the having property deliver local its authorities or owner.
Chapter THEFT
Three.
ARTICLE THEFT
308.
ELEMENT : S 1. That there be taking of personal ; 2. That said propertypropertyto another; belongs 3. That the taking be done intent to ; 4. That the taking be done without with gain consen of the owner; andthe 5. t That the taking be withou th accomplished t e use of violence against or intimidation persons or force upon . of things Taking: if bulky, must be taken away(when place surrounded by fence or wall), otherwise, the moment he had full possession of thing, asportation is complete; does not need a character of permanency Intent to Gain taking must be accompanied by intention, at the time of taking, of withholding the thing with character of permanency; from unlawful taking of personal property of presumed another Gain desired by the offender may not only be money. It may include satisfaction, use, or any benefit; includes satisfaction of taking pleasure revenge It is not required that the offender realized in committing theft. It is sufficient actual gain that
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Retention of money/property found is theft. is What punished is retention or failure to return intent to with gain. The offenders knowledge of the of the identity not owner of the property is . Hi knowledge that property is lost iss required The finder of the lost property is liable for his enough. the deliberate failure to return the lost property, he knowing that the property does not belong to him. 3. Those maliciously damaged who:a. after having the propert of another, b. y remove or make use of the fruits object of the caused by or them. Killing the cattle damage of another which his(offenders) property and getting meat for destroyed himself is theft. 4. Those who hunting, fishing or fruits, etc. gathering in enclosed estate ELEMENTS(Par. 3 of Art 308): That there is an enclosed estate or a field 1. where trespass is forbidden or which belongs to another; 2. That the offender enters the same; 3. That the offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm products in the estate or field; and 4. That the hunting or fishing or gathering of products is without the consent of the owner. The fishing in this article not in the fishpond is or fishery . If the fish is taken from a fishpond or a fishery, the crime is qualified theft. 2. Extracting or removing the gold from suchores or rocks and treat such ores and to recover and extract the gold therefrom rocks without the consent of the operator of the mining claim. HIGHGRADING selling P.D. NO. 401 PUNISHES THE USE OF TAMPERED WATER OR ELECTRICAL METERS TO STEAL OR ELECTRICITY. WATER ACTS 1. unauthorized installation of water, PUNISHABLE: electrical or telephone 2. the use of tampered water or electrical connections, meters to steal water or elec tricity, 3. the stealing or pilfering of water and/or electrical meters, electric and/or telephone wires, and 4. knowingly possessing stolen or pilfered water and/or electrical meters, and stolen or pilfered electric and/or phone wires. WAYS OF COMMITTING THEFT OF ELECTRICITY (OTHER THAN BY ILLEGAL INSTALLATIONS): 1. turning back the dials of the electric 2. fixing the electric meter so it will not meter, register the actual electric 3. consumption, of electric consumption, under-reading andtightening screw of rotary blades to slow 4. down their rotation. ARTICLE 309. PENALTIES FOR THEFT The basis of the in theft is: (1) the value penalty of the thing stolen, and in some cases, (2) the value and also the nature of the property taken, or (3) the circumstances or causes that the culprit to commit the impelled crime.
P.D. NO. 534 PUNISHES ILLEGAL FISHING COMMITTED BY 1. Any person to catch, take or gather or t causeo be caught, taken or gathered fish in Philippine waters with the use explosives obnoxious or poisonous , or by of substances electricit ; and the use of 2. Any person who knowingly y possesses, deals in, sells or in any manner of, for profit, any fish, fishery/aquatic disposes products w/c have been illegally caught. P.D. NO. 581 PUNISHES HIGHGRADING OR THEFT OF COMMITTED BY 1. GOLD Taking gold-bearing ores from a mining claim mining camp, or removing, collecting or or gathering gold-bearing ores or rocks in place;
ARTICLE THEFT
310.
QUALIFIED
Theft is qualified if 1. It is committed by domestic a servant abuse 2. Committed grave with or confidence 3. The property stolen is a: a. motor b. vehicle, mail c matter, large d. cattle, from the premises of a coconu . t plantation, e. fish from fishpond or fishery a
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, or of
, or

4. Committed on the occasion of calamities vehicular accident and , civil disturbance. Grave abuse of necessitates a confidence high degree of confidence b/w the offender and the offended party. ( Ex. guests). Hence, when parties, the there is no confidence b/w the is not crime qualified theft. Theft is qualified if it is committed by one who has access to the place where stolen property is kept. ( Ex. security guards, tellers) Novation (i.e. the victims acceptance theory converted of offenders liability to a payment the civil obligation) applies only if there is contractual b/w the accused and a relationship the When the accused treated the deed of sale as complainant. sham and he had intent to gain, abscondin his the object of the g with is qualified theft. When a PUV in boundar system entrusted sale to the thef . the offender is sold y another, to crime is t On the other hand, if the motor vehicle is used not for public utility in boundary system but under contract of , the crime is estafa. lease
ELEMENTS of fencing: crime of robbery 1. The or has been committed theft 2. The accused, who is not a principal or ; an accomplice in the crime of robbery/theft, any in deals in any property manner which has been derived from the of the proceeds said crime; 3. The knows or should have accused the said property has been derived from known that theft/robbery; and 4. The accused intent to . has gain Possession of stolen goods is prima facie evidence of guilt For those engaged in sale of used secondhand articles requires clearance and permit to sell ARTICLE 311. THEFT OF PROPERTY OF NATIONAL LIBRARY AND NATIONAL THE MUSEUM Theft of property on National Library and Museum has fixed penalty regardless a of its . value Chapter USURPATION Four.
ANTI-CATTLE LAW
RUSTLING
CATTLE RUSTLING is the taking away by any means, method or, scheme, without the of the owner, of animals classified as large cattle consent whether or not for profit or gain, or whether committe with or violence against or intimidation withoutperson or force upon things. of any d includes killin of large cattle , or taking It the g meat/hid without the of the its owner. Large includes e consent cow, carabao, horse, mule, cattle other domesticated member of the bovine ass, or family . Qualifyin circumstances 1. Cattle-rustling is committed violenc g : with against or intimidation of persons or e upon ; and force 2. Athings is person seriously injured or as a result or on occasion of cattlekilled rustling. P.D. 330 punishe timber from, and s illegal cutting of smuggling forests and forest in, public reserves as qualified theft. logs
ARTICLE 312. OCCUPATION OF PROPERTY OR USURPATION OF REAL REAL RIGHTS IN PROPERTY ELEMENT : takes possession of S 1. That the offender real property or any usurps any real in property; rights 2. That the real property or real rights belong to another; 3. violence against or intimidation That person is used by the offender in occupying of s property or usurpation real rights in real property; and 4. That there intent to . is gain
ANTI-FENCING LAW
Article 313. landmarks
Altering
boundaries
or
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ELEMENT : S 1. That t here be boundary marks monument of towns, provinces, or estates, or s any other marks intended to designate or the boundaries of the same; and 2. ndary the offender alter said bou That marks s . Chapter Five. INSOLVENCY CULPABLE There must be an existing obligation of the offender to deliver even if the property to be delivered is not a subject of lawful comm erce . When thing delivered not been fully has partially paid , there is or no When there was no agreement as to for estafa. quality was and delivery , the re is no estafa. unsatisfactory ELE MENT OF ESTAFA WITH ABUSE OF S CONFIDENCE: 1. That money, goods, or other personal property b e received by the offender in trust, or on commission, or for , or under any obligation involving administration other to make delivery of, or to the duty the same; return, 2. That there be misappropriation conver sio of or money or property by such the offender, or denial on his part f n o such receipt; 3 That such misappropriation or conversion denial is to the prejudice of another; and . or 4. That there is a deman made by the offended party to d offender. the The by thing must have been offender received under transferring transactions only juridical not possession and Under PD 115 (Trust Receipts Law) , the f ailure ownership. to turn over to the bank the proceeds of the sale of the goods covered by the trust receipt constitutes estafa.same thing received must be The . Otherwise, returned estafa is committed . The sale credit by the agent when it uld be sold for cash is estafa. on sho Estafa, being a public offense, is not by of contract. novation, if it takes affected novation But place before criminal liability was incurred perhaps prior to the filing of the criminal or information in court by state prosecutors, ves offender from incipient criminal relie liability. Misappropriatin means taking something ones own benefit. for g Convertin is the act of using or disposing of anothers property as if it as ones . It g w of a thing for a purpose may own also mean the devotion or use different from that agreed upon. Prejudic to another is necessary. However, it e necessary that offender should is not btai gain o n General Between partners, there is no . Rule: of money or property received for the estafa partnership when the business is commercial nd a profits accrued.
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ARTICLE INSOLVENCY
314.
FRAUDULENT
ELEMENT : S 1. Offend er is a debtor ; that is, he has obligations due and payable; 2. ; and Absconds with his 3 property to Prejudic his . e creditors. Actual prejudice to the creditors is required.
Chapter Six. DECEITS
SWINDLING
AND
OTHER
ARTICLE (SWINDLING).
315.
ESTAFA
ELEMENTS OF ESTAFA IN GENERAL: 1. Defraude another (a) by abuse o f confidenc , or (b) or means of dece it; and d 2. e That damage or prejudice capable of pecuniary is caused to the estimation offended party or third person. ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: 1. Offender has a n onerous obligation deliver something to value; of 2. quantity, or That he alter its substance, quality; and s 3 That damage or prejudice is caused to another . . Committed by altering the substance, quantity, or quality of the things to be delivered

Exception If property is received by a partner for ose and is misappropriated, : a specific estafa purp is committed.account after demand is Failure to aircumstantial c e of misappropriation. Demand is not a condition to the evidenc precedent of estafa when the misappropriation existence may be established by other proof. I thef , upon delivery of the thing to the n t offender, the owner expects an ediate imm retur of the thing to If owner no expect him. immediate ,does is estafa t . crime n return A servant, domestic, or who misappropriates a thing he received from his employee master is guilty of qualified , not esta fa. theft When in the prosecution for malversation public officer is acquitted, the private the individual in conspiracy with him may be allegedly held for es tafa. liable E stafa of with Confidenc Abuse e O ffenders are entruste with fu nds or propert y & is d a continuing offense Funds: privat Funds always e : Offender: privat e individual, or publi officer not table c accoun funds for public Committed by misappropriating, converting, having received denying money Malversatio n Offen ders are entruste with funds or d property & is a continuing offense publi funds or property c Offender: publi c officer ac countabl for public funds e Committed by appropriating, taking, misappropriating transactio n participate. when in fact he did not so
ELEMENTS OF ESTAFA BY MEANS OF DECEIT: 1. That there must be false fraudulent . a fraudulent act or pretense, means false pretense, fraudulent act or 2. That such fraudulent means must be made or d execute or simultaneously with prior to the commission of the ; 3. fraud offended party mus That the t relied on havethe false pretense, fraudulent act, or fraudulent means, that is, he was in uced to part w ith his money or because d property pretense, fraudulent act, or of the false fraudulent means; and 4. the offended party That as a result thereof, suffered damage . There must be evidence that the pretense of the accused that he possesses power/influence false. is ELEMENTS OF ESTAFA BY POSTDATING A CHECK OR ISSUING A CHECK IN PAYMENT O F AN OBLIGATION: 1. That the offe nder postdated a , or issued a in check of an obligatio payment n; check and 2. such postdating or issuing a check That was done when the offender had no in the bank or his funds deposited therein were no funds sufficien to cover the amount of the t t check. Good faith is a defense in a charge of estafa by postdating or issuing a he check. The drawers failure to deposit t necessary to cover the issued withi 3 amount check from notice of n days is prima facie dishonorof deceit. evidence ayment ofcheck was issued in If the preexisting debt , there is no estafa. p Offender must be able to obtain omethin from the offended by means g of the k s party issues chec he and ueddelivers. If postdating a check as mere iss guarantee/promissory note , there is no estafa.
ELEMENTS OF ESTAFA BY TAKING UNDUE A DVANTAGE OF THE SIGNATURE IN BLANK: 1. That the paper with signatur of the the offended party be in e ; 2. That offended blank should have the delivered party it to r; 3. offende above the of the offen ded That party a document signature is by the offender withoutwritten to do so; and 4. authority document so That the creates a liabilit to , the written of, or causes offended party or any third person. y damage If th e paper with signature in blank was stolen , the crime falsification if the offender made is it appear that the victim participated in a
B.P. 22 (BOUNCING CHECKS LAW)
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s t PAR. ELEMENTS offense defined in the Sec.1 of BP 1 of of makes or draws and 22: 1. That a person any ; issues check 2. That the check is made or drawn and to ; issued apply on account or for 3. That the person who makes or draws value and issues the know at the time of issue that he in or check does not s have sufficient funds credit with the drawee bank for the payment check in full upon its of such 4. presentment; That the check is dishonore subsequently by the drawee bank for insufficiencydof funds or credit, or would have been for the same reason had not the drawee, dishonored without any valid reason, ordered the bank to stop payment. n d PAR ELEMENTS offense defined in the Se.c.1 of BP 2 of of sufficien fund in or 22: 1. That a person has t credit with the drawee bank s when he or draws makes and issues a check; 2. That fails to keep sufficient funds or he maintain a to cover the full to amount of the if presented within a period credit 90 days from the date appearing thereon; check of and 3. That the check dishonore by the drawee is bank d . Evidence of knowledge of insufficiency of 1. funds: Making, drawing and issuance of check which is refused 2. Prima facie evidence of knowledg of e insufficiency of funds; Requisites: a. Check presented 90 , within days b. Dishonored, and c. c. Failure to make good the check within banking days after receiving 5 writte notice of dishonor n
check was not issued for account or (Wong value. vs. CA, 2001) BP22 does not state that the issuer must maintain funds for only 90 days. That the checkbe deposited within 90 days is merely one must of the conditions for the presumption of knowledge of insufficiency. It is not an element the of offense. Where presentment was after 90 days, only the presumption was lost. Knowledge could still be proven by evidence. By current practice, the check must be banking within 180 days. Afterwards it becomes presented stale. Presentment after 180 days is then a defense. (Wong vs. CA) Payees knowledge of insufficiency of funds is immaterial, because deceit is not an element of BP22 . The exception is when there was no intention to apply said checks for account or for (Young vs. CA, 2005) vale. Responsibility under BP22 is personal to the accused. Hence, notice must also the be persona . Thus, if the issuer is a corp. officer, notice to the corp. is not notice to the l officer. (Marigomen vs. People, 2005) Notes on SC Admin. Circular 121. 2000: The circular provides that in a BP22 conviction, the judge, in his discretion, impose fine , without may alonebe imprisonment. but 2. The fine should not less than nor more than the amount of the dishonored double 3. checks. The circular is not a penal law, hence there is retroactivity in favor of the accused. no circular applies only to cases pending at The its effectivity (Joya vs. Galvez, 2003) 4. The circular merely lays down rule of . a preference . It does not amend BP22. merely urges the courts to take into It account the purpose of the law but also the not only circumstances of the accused in good faith or on clear mistake of whether he acted faith without taint of negligence. Thus, imprisonment may still be (Joya vs. imposed. Galvez, 2003) Absence of the notice merely prevents the presumption of knowledge of insufficiency. The prosecution must then prove knowledge evidence. Thus, the notice is NOT a with prerequisiteprosecution. for a BP22 (Young vs. CA, 2005)
The presumption of knowledge can exist only after it is proved that the issuer had received the notice of dishonor. prosecution must The prove receipt , i.e. registered mail, or authenticated signature on registry return receipt. The registry alone is insufficient. Testimony or receipt of person Ting vs. affidavit mailing the letter is required. ( CA, 2000 ) Verbal notice of dishonor is Must be insufficient..( Domagsang vs. CA, 2000 writte ) What the law prohibits issuance . The purpose n is or conditions of issuance is immaterial. is malum Issuance . That the check prohibitum issued as a guarantee iswas immaterial, unless the
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ArtICLE 315. par. 2 (d) Postdating a check Q: MM issued to CC a check as payment for a car MM previously bought from CC. When the check was presented for payment, the same was dishonored for insufficiency of funds. CC filed a case of estafa under Art. 315 par. 2 (d) against MM. Will the action prosper? A NO. To constitute estafa under this provision, the : act of postdating or issuing a check in payment of an obligation must be the efficient cause of defraudation, and as such it should be either prior to or simultaneous with the act of fraud . The offender must be able to obtain money or property from the offended party because of the issuance of a check whether postdated or not. That is, the latter would not have parted with his money or other property were it not for the issuance of the check. An acquittal or conviction of the drawer under the Revised Penal Code is not a bar to his prosecution or conviction under BP 22, because the latter law requires the additional fact of the drawers knowledge of lack of insufficiency of funds. BOUNCING CHECKS LAW (B.P. 22) Q: If a check is presented for payment 90 days after date of issue, is the drawer thereof absolved from criminal liability for B.P. 22? A NO, only the presumption of knowledge of : insufficiency of funds was lost, but such know ledge could still be proven by direct or circumstantial evidence. The law does not require a maker to maintain funds in his bank account for only 90 days. It is not an element of the offense. That the check must be deposited within ninety (90) days is simply one of the conditions for the prima facie presumption of knowledge of lack of funds to arise. Neither does it discharge petitioner from his duty to maintain sufficient funds in the account within a reasonable time thereof. If the reason for the dishonor of the check was that it was drawn against uncollected deposit and not drawn against insufficient funds, a prosecution under B.P. 22 will still prosper because just the same, said drawer has no sufficient funds in his account to cover the amount of the check at the time of its presentment. An accommodation party is liable for BP 22 because what is penalized therein is the mere issuance of a bouncing check. He is liable for the even if she was not involved in the transaction for which the check was issued . A foreign check is covered by BP 22 provided it is either drawn or issued in the Philippines though outside thereof. payable ESTAFA BY OBTAINING FOOD OR CREDIT AT HOTELS, INNS, RESTAURANTS ETC. 3 ways of committing estafa under this 1. By provision: obtaining food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging or apartment house without paying therefor, with intent to defraud the proprietor or manager thereof; 2. By obtaining credit at any of the said establishments by the use of any false pretense; and 3. By abandoning or surreptitiously removing any part of his baggage from any of the said establishments after obtaining credit, food, refreshment or accommodation therein, without paying therefor. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENT: 1. That the offender induce the offended party to sign a d ; 2. That deceit be employed to make him document sign the 3. That the offended party personally document; signed the document; 4. That prejudice be caused. and If offended party willingly signed the document but there was deceit as to the character contents of the document, the crime or is falsification . But where the accused representations to mislead the complainant as made to character of the document, the crime the estafa . is ELEMENTS OF ESTAFA BY REMOVING, CONCEALING OR DESTROYING DOCUMENTS: 1. That there be court records, office document or files,other papers; any 2. That the offender removed, concealed or s destroye any of them; and 3. That the offender had intent to d defraud another . If there is no intent to , destroying or removing said papers is malicious mischief . defraud n d element of any Damage or prejudice as the 2 form of estafa may c onsist in: 1. The offender party being deprived of his money or property, as a result of the defraudation; 2. Disturbance in property rights; or 3. Temporary prejudice.
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being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties with which he guaranteed the fulfillment of such obligation. ELEMENTS OF SWINDLING BY CONVEYING, SELLING, ENCUMBERING, OR MORTGAGING ANY REAL PROPERTY, PRETENDING TO BE THE OWNER OF THE SAME: 1. That the thing immovabl , such as a be parcel of land or a building; e 2. That the offender, who is not the owner of said property, represented that he is owne thereof; the r 3. That the offender should have executed of (selling, leasing, an act ownership encumbering or mortgaging the real property). 4. That the act be made to prejudice of the the owner or a third person.
ILLEGAL Under the Migrant Workers RECRUITMENT Act R.A. No. 8042 Illegal - Any act of canvassing, Recruitment enlisting, hiring, or procuring workers, including contract services, promising or referring for employment abroad, whether for profit or not, advertising when undertaken by a non-licensee or non-holder of authority . Any such non-licensee or non-holder of authority a fee, offers and promises employment who, for abroad to two or more persons shall be deemed so engaged in illegal recruitment. Economic Illegal recruitment by syndicate - committed by Sabotage: a group of three (3) or more persons conspiring or confederating with one Large Scale Illegal Recruitment another. committed three (3) or more persons. against Penalty for Illegal Recruitment involving sabotage economicis punishable by life imprisonment and fine of P500,000 to P1,000,000.
INFIDELITY IN CUSTODY DOCUMENT OF S Privat individua Publi officer entrusted e entrusted l c was Intent to defraud No intent to defraud ELEMENTS SWINDLING BY DISPOSING of OF REAL PROPERTY AS FREE ENCUMBRANCE, ALTHOUGH FROM SUCH ENCUMBRANCE BE NOT 1. That the real property ; RECORDED: thing disposed of be 2. That the offender kne that the real property was encumbered, whether the w encumbrance not. is recorded or 3. That there must express be by the offender that the real property is representation free from ; and encumbrance 4. That the act of disposing of the real property be made to the damage of another. ELEMENTS SWINDLING BY of WRONGFULLY TAKING BY THE OWNER HIS PERSONAL ITS LAWFUL : FROM POSSESSOR offender is the 1. That the owner of propert ; personal y 2. That said personal property is in the lawfu possession of ; l another 3. That the offender wrongfully takes from its lawful possessor; it and 4. That prejudice is thereby caused to the possessor or third person.
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ESTAFA THE
ARTICLE 316. SWINDLING.
OTHER
FORMS
OF
OTHER FORMS OF SWINDLING: 1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage the 2. Any person, who, knowing that real property same. is encumbered, shall dispose of the same, although such encumbrance be not 3. The owner of any personal property who recorded. shall wrongfully take it from its possessor, to the prejudice of the latter or lawful any third 4. Any person who, to the prejudice of another, person. shall execute any fictitious 5. Any person who shall accept contract. any compensation given him under the belief it was that in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor. 6. Any person who, while being a surety in a bond given in a criminal or civil action, express authority from the court without before the cancellation of his bond or before or

ELEMENTS SWINDLING BY of MORTGAGINGSELLING, OR ENCUMBERING PROPERTY OR PROPERTIES WITH WHICH REAL THE OFFENDER GUARANTEED THE OF HIS OBLIGATION AS : FULFILLMENT 1. That suret in a bond given SURETY the offender is a y in a criminal or civil 2. That he guaranteed the fulfillment of action; such obligation with his real property propertie or ; 3. sThat sells, mortgages, or, in any he manner other said real property; 4. That such sale, mortage or encumbrance encumbers is (a) without express authority from the court, made before the cancellation of his or (b) bond, or (c) before being relieved from the obligation contracted by him. ARTICLE 319. REMOVAL, SALE OR PLEDGE MORTGAGED OF PROPERTY ELEMENTS of SELLING OR PERSONAL PLEDGING PROPERTY ALREADY : 1. That already PLEDGED personal property is pledged under the terms of the Chattel Mortgage Law; 2. That the offender, who is the mortgagor of such property, sells or the same or any part thereof; pledges and 3. That there no consent of the is written on the back of the mortgage and mortgagee noted on the record thereof in the office of the register of deeds. ELEMENTS KNOWINGLY MORTGAGED REMOVING PERSONAL : of 1. That is mortgage under PROPERTY personal property d the Chattel Mortage Law; 2. That the offender know that such s property is so mortgaged; 3. That removes such mortgaged personal he to any province or city than the one other which it was located at the timeinof execution of the mortgage; the 4. That the removal permanen ; and is That there t 5. no written consent of his is mortgage orthe executors, administrator or e assignees to such removal.
ARTICLE 317. SWINDLING A MINOR ELEMENT : S 1. That the offender takes of the advantage inexperience or emotions or feelings of a minor; 2. That induce such minor (a) to he an obligation, or (b) assume release, or (c) to s to give execute a transfer of any property right; 3. That consideratio is (a) some loan of the money, (b) credit or (c) other n persona propert ; and l 4. That the transaction is to detrimen of y the such t minor. ARTICLE DECEITS 318. OTHER
Chapter Eight. ARSON CRIMESINVOLVING DESTRUCTIONS
AND
OTHER
OTHER DECEITS ARE: 1. By defrauding or another by an damaging other deceit not in preceding y articles; and mentioned 2. By interpretating dreams, forecasts, fortuneor by takin making telling, g advantage of the credulity of the in any other similar manner profit or . public for gain
P.D. expressly repealed or amended Arts 3201613 but P.D. 1744 revived Art 320 326, arson). Destructive Arson is the malicious destruction of property by fire. Arson committed by any person who burns or sets fire to the property of another or to his own property under circumstances which expose to danger the life or property of another Attempted: Ex. Rags in gasoline, Consummated: If any part of building burned Frustrated:there is fire, but no part of hoiuse burned THREE KINDS OF ARSON: 1. Arson
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Chapter Seven. MORTGAGE
CHATTEL

2. Destructive arson; 3. andOther cases of arson. 3. Train, Locomotive, Ship or Vessel for transportation, public use, leisure, entertainmen t 4. Building, factory, warehouse for service of Public 5. Utilities Building to conceal evidence, bankruptcy, defraud creditors conceal 6. Arsenal/Military/General 7. MuseumInhabited Place SECTION 6 OF PD 1613: PRIMA FACIE EVIDENCE OF GUILT 1. If the fire started simultaneously in more than one part of the building or establishment 2. If substantial amount of substances or materials are stored within flammable the building not of the offender nor for household use 3. If gasoline, kerosene, petroleum or other flammable or combustible substances materials soaked therewith or or thereof, or containers any mechanical, electrical, chemical, or electronic contrivance to start a designed fire, or ashes or traces of any of the foregoing are found in the ruins or premises of the burned building or property 4. If the building or property is insured for substantially more than its actual value at the of the issuance of this time 5. Ifpolicy the lifetime of the corresponding fire during insurance policy more than two fires have occurred in the same or other owned or premises under control of the offender and/or insured 6. If shortly before the fire, a substantial portion of the effects insured and stored in a building or property had been withdrawn from the premises except in the ordinary course of business 7. If a demand for money or other valuable consideration was made before the fire in exchange for the desistance of the offender or for the safety of the person or property of the victim
A. ELEMENTS CRIME DESTRUCTIO INVOLVING : of N That the offender causes 1. destructio of the n property; and 2. That the destruction was done mean of: by a. explosion, s b. discharge of electric c. current, inundation,or stranding of a vessel, d. sinking e. damaging the engine of the vessel, f. taking up rails from the railway g. destroying telegraph wires and posts or track, those of any other system, or h. other similar effective means of destruction . B. ELEMENTS BURNING ONES of A MEANS TO COMMIT : PROPERTY AS 1. That set fire to or ARSONthe offender his own destroyed ; property 2. That the purpose of the offender in doing so was to commit arson or to cause a great destructio ; and 3. n That property belonging to the burned another was or destroyed. C. ELEMENTS ARSO : 1. That property burned is the of N the property exclusive the of ; and 2. That (a) the purpose of the offender is offender burning it is defraud or cause damage anothe , or (b)to prejudice is actually to r (c) the thing burned is a building in caused, or inhabited . an place Special circumstances in : aggravating committedarson 1. If intent to ; 2. benefit of ; with If committed for gain theIf the offender is motivated by another spite 3. hatre towards the owner or occupant of the or d property burned; or 4. If committed by syndicate a . DESTRUCTIVE The penalty of reclusion temporal in its ARSON: period to reclusion perpetua shall be imposed upon maximum any person who shall burn: Building or Edifice 1. 2. Building Open to Public
Chapter Nine. MISCHIEF
MALICIOUS
ARTICLE MISCHIEF ELEMENT : S 1. That the offender damage to property
326.
MALICIOUS
deliberately the caused of another;
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2. That such act not constitute arson involving destruction; does other or 3. That the act damaging anothers property crimes and be committed for the sake of damaging merely it. MALICIOUS : willful damaging of anothers property for the sake of causing MISCHIEF damage due to hate, revenge or other evil motive Malicious cannot be mischief committed offender acts through because the with a specific desire to inflict injury to negligence If there is another. no malice in causing injury, the offender incurs only civil liability. Damage caused may also be a diminution in value of the property. But if the offender used the property after causing to it, the crime is theft Damage malicious must not result damage in . mischief a crime. ( Ex . from Breaking windows robbery is not during malicious mischief.) A person charged with malicious mischief may be found guilty of damage to property through reckless imprudence VALEROSO vs. PEOPLE G.R. No. 149718. 0/29/03 The elements of the crime of malicious mischief under Article 327 of the Revised Penal Code are: (1) That the offender deliberately caused damage to the property of another; (2) That such act does not constitute arson or other crimes involving destruction; (3) That the act of damaging another's property be committed merely for the sake of damaging it. As to the third element, petitioner was not justified in summarily and extrajudicially demolishing private complainant's structure. As it is, the petitioner proceeded proceeded not so much to safeguard the lot as it is the vent to his anger and disgust over the no tresspassing sign he placed thereon. Indeed, his act of summarily demolishing the house smacks of his pleasure in causing damage to it. 4. Damage to property of National Museum or National Library, archive, registry, waterworks, road, promenade, or any other thing used in common by the . public Qualified malicious mischief is different from sedition because the element of tumultuous not present in the former uprising is crime. ARTICLE MISCHIEFS 329. OTHER
Mischiefs not included in Art. 328 are according to the value of the damage punished caused. Ex. scattering human excrement in building, killing of cow as an act of revenge, A public servant who released bird from cage as act of hate against owner
ARTICLE 328. MALICIOUS
SPECIAL MISCHIE F
CASES
OF
ARTICLE 330. DAMAGE AND OBSTRUCTION MEANS OF TO COMMUNICATION This crime is done damaging railways, by telegraph or telephone lines. Railway system includes electric wires, traction cables, signal system, and other things to railways pertaining Removing rails from a railway track to destruction cause constitutes crime destruction Art. 324. involving under Art. 330 is not applicable when the damaged telegraph/phone lines do not pertain to a railway system. Hence, cutting telephone lines or for transmission of electric power/light those not pertaining to railways is not covered by article this . If people are killed as a result of the damage caused and the offender had no intent to kill, the crime is damages to means of with homicide. communication If there is intent to kill and damaging the railways was the means accomplish the criminal purpose, the crime to is murder. If the damage shall result in any derailment of cars, collision or other accident, a higher shall be penalty imposed. Derailment of cars should not have purposely sought for been
CASES OF QUALIFIED MALICIOUS MISCHIEF: 1. Causing damage to obstruct of public performance 2. Using poisonous or corrosive functions. substance 3. Spreading infection contagion or cattl . among e
ARTICLE 331. DAMAGING STATUES, PUBLIC PAINTINGS
DESTROYING MONUMENTS
OR OR
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Chapter Ten. EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY 1. That woman is married ( even the marriage is subsequently declared if 2. That she has sexual intercourse with void man not her husband; and 3. as regards the with whom sexual heshe must know That has man intercourse, her to be married. Adultery is mitigate if the adulterous wife was abandoned d w/o by the offended justification the wife and her paramour are spouse. Both entitled to this mitigating (People circumstance. vs. Avelino) Adultery may be attempted. Sheer necessity, though woman not abandonedhusband, mitigates liability of married by her woman The offended party must be legally married to the offender at the time of the criminal case Carnal knowledge may be proved by circumstantial evidence Each sexual intercourse constitutes a crime of adultery EFFECT OF The pardon PARDON: must come before the institution of criminal prosecution Both the offenders must be pardoned by the offended party Act of intercourse subsequent to adulterous conduct is an implied Consent is a cause for dismissal of complaint pardon Article Concubinage 334. ); a
ARTICLE 332. PERSONS EXEMPT CRIMINAL LIABILITY IN CRIMES FROM AGAINST PROPERT Y. OFFENSES INVOLVED IN THE EXEMPTION: 1. Theft, 2. Swindling (estafa), and 3. Malicious mischief. PERSONS EXEMPT FROM CRIMINAL LIABILITY: ascendants and descendants, or 1. Spouses, relatives by affinity in the same 2. The widowed spouse with respect to the line. property w/c belonged to the deceased spouse before the same passed into the possession of another. 3. Brothers and sisters and brothers-in-law and sisters-in-law , if living together. Only civil liability is incurred by the offenders who are exempt by law from criminal liability. Parties to the crime who are not related to the offended party still remain criminally liable. Law recognized presumed co-ownership of property between offender and offended party Persons exempt from criminal liability 1. stepfather/mother (ascendants by affinity) include: 2. adopted children (descendants) 3 concubine/paramou (spouse) . 4. r commonspouse. law
TITLE ELEVEN CRIMES CHASTITY
AGAINST
Chapter One. CONCUBINAGE Article Adultery ELEMENT : S
ADULTERY
AND
333.
ELEMENT : S 1. The man must be married; 2. That he committed any of the act : a. Keeping a mistress in conjugal s following the dwelling, b. sexual under Having intercourse scandalous circumstances with a woman who is not his wife, c Cohabiting with her in any other 3. . as regards , she place; the That know woman to be must him . married A married man is not liable for concubinage for mere sexual relations with a woman not his wife. CONJUGAL DWELLING means the home of the husband and wife even if the wife happens to be temporarily absent on any SCANDA consists in any account. L reprehensible word/deed that offends public conscience, redounds to the detriment of the feelings of
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honest persons, and gives occasion to the neighbors spiritual damage and COHABIT means to dwell together, in the ruin. manner of husband and wife, for some period of time, as distinguished from occasional, interviews for unlawful transient That woman must be taken into conjugal intercourse. dwelling as a People in the vicinity are the best witnesses concubine to prove scandalous circumstances severely punished Adultery is more concubinag than e 1. In Grave Coercion, the compulsion is the crime itself but it is merely a means commit Acts of to Lasciviousnessbetween Acts of 2. The difference Lasciviousness and Unjust Vexation is that the in former there is lewd design this can be inferred from circumstances surrounding commission of the crime: place, the presence of other people, what was done; time, But if it is clear that intention is to have intercourse, crime could be attempted rape; if accused desisted in the commission of attempted rape, it may be a consummated crime of acts of lasciviousness Lewd design act with particular design to independently derive vicarious pleasure therefrom; not merely a silly No whim attempted or frustrated Acts of Lasciviousnes From the standpoint of law, there can be no s frustration of acts of lasciviousness. No how far matter the offender may have gone towards the realization of his purpose, if his participation amounts to performing all acts of execution, felony is necessarily produced as a the thereof. consequence PEOPLE vs. PALMA, G.R. Nos. 148869-74. 12/11/03 In the absence of convincing proof that the penis had slid into the female organ, rape was not committed. Where the victim merely stated that she was carried around the sala with appellant's penis "touching" her vagina, it would not be right to conclude that the act of the penis "touching" the vagina was an entry or penetration, even slightly, of the labia majora or the labia minora of the pudendum. The appellant is guilty of acts of lasciviousness and not rape. PEOPLE vs. AQUINO G.R. No. 139181. 10/27/03 The appellants act of directing Analyn to remove her lower apparel constitutes an act of lasciviousness under Article 336 of the Revised Penal Code, and not rape.
Chapter Two. RAPE AND ACTS OF LASCIVIOUSNES S
ARTICLE 336. LASCIVIOUSNESS
ACTS
OF
ELEMENT : act of S 1. That the offender commits any lasciviousness or ; 2. lewdness That the act of lasciviousness is committed a person of against either sex ; and 3. That it is done under any of the circumstances following a. by force or , or : using intimidation b. when the offended party is deprived of reason or otherwise , or unconscious fraudulent machination c. by means of or grave abuse of , or d. when the offended party is under authority years of age or is demente 12 . d Q: How is the crime of acts of lasciviousness distinguished from attempted rape? A The following are the distinctions: : (a) If the acts performed by the offender clearly indicate that his purpose was to lie with the offended woman attempted rape. (b) In the case of attempted rape, the lascivious acts are but the preparatory acts to the commission of rape; whereas in acts of lasciviousness, the lascivious acts are themselves the final objective sought by the offender. Acts of Lasciviousness should be differentiated from Grave Coercion and Unjust Vexation:
Chapter Three. SEDUCTION, CORRUPTION OF MINORS, AND WHITE SLAVE TRADE SEDUCTION means the enticing a woman to unlawful sexual intercourse promise of marriage or other means of without the use of by persuasion force.
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2 KINDS OF SEDUCTION: 1. qualified seduction 2. simple seduction. ARTICLE 337. QUALIFIED SEDUCTION 2 CLASSES OF QUALIFIED SEDUCTION: 1. Seduction of a virgin over 12 and under years of age by 18 certain , such as a person in authority, , etc.; persons priest, teacher and 2. Seduction of a sister by her brother or her descendant by ascendant, of her or . regardless age seduction) reputation (incestuous ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: 1. That the offended party is a , which is virgin presumed if she is unmarried and of good reputation 2. That she must over 12 and under ; be years of age; 18 3. That the offender has sexual with her; and intercourse 4. That there abuse of or on the part of is confidence authority, relationship(person entrusted with education the offender or custody of victim; person in authority, priest; servant). public PERSONS 1. Those who abuse their LIABLE: authority: persons in public a. b. guardian authority c. d. person who, in any capacity, is entrusted teacher w/ the education or custody of the seduced woman 2. Those who abused the confidence reposed in them : priest a. b. house servant c. 3. domestic Those who abused their relationship: who seduced his sister a. brother b. ascendant who seduced his descendant Authority Confidence -Public - Priest - Brother who Relationship Authorit - House servant seduced his y -Guardian - Domestic sister -Teacher (person living - Ascendant in -Person who, in same roof, may who seduced any capacity, is entrusted the with education of or custody the seduced woman be temporary, permanent as long as same household) his descendant
The penalty for qualified seduction of a sister or descendant is higher than qualified seduction of a virgin . Deceit is not an of qualified seduction. element Abuse of Confidence, acts punished because of character of person committing the same, excess and of power or abuse of confidence The offended party need not be a virgin physically virgin is a virtuous woman of reputation good Deceit is not an element of qualified seduction; it is an element of simple seduction charged with rape cannot be Accused convicted of qualified seduction under the same information . ARTICLE SEDUCTION 338. SIMPLE
ELEMENT : over 12 S 1. That the offended party is and under years of age; 18 2. That she must be of good , single or widow; reputation 3. That the offender has sexual with her; and intercourse 4. That it is committed by means deceit . of Virginit of the victim not in seduction is y required simple . Deceit generally takes the form is promise to unfulfilled Promise of marriage by a married man, whom the marry. victim knew to be married, is not Promise of marriage after sexual intercourse deceit. is not No deceit. continuing offense of seduction Man may be willing and ready to marry the girlbut simple seduction is still committed when knows man that the offended party cannot legally consent to marriage ARTICLE 339. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY ELEMENT : S
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1. That the offender acts of lasciviousness or ; commits 2. lewdness acts are committed upon a That the woman is a virgin or single or a widow who of good reputation, under 18 years of but age over 12 years, or a sister or descendan regardless of her or t age . reputation 3. That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit. ARTICLE 340. CORRUPTION OF MINORS The act punishable is promotion the prostitution or of the facilitating or corruption age to satisfy the lust of another. persons under It is not necessary that the unchaste acts haveshall been to the minor. amere done Hence, proposal will consummate the offense. R.A. 7610 punishes child prostitution by committed : 1. Those who engage in or promote, facilitate or child 2. Those who prostitution; the act of commit induce sexual intercourse or lascivious conduct with a exploited in prostitution or subjected to child other abuse; sexual 3. Those who profit or derive advantage therefrom. ( Ex. manager/owner of the establishment where child prostitution takes place); 4. Any person, not being a of the child, relative is found alone with the said in a hidden or secluded under child area circumstances which lead a reasonable person to believe that the child is about be in prostitution and other to abuse; and exploited sexual 5. Any person who receives from a child in a sauna parlor or bath, massage services clinic, health club, and other establishments similar . Q: What is Child Prostitution? A It is engaging in sexual intercourse or acts of : lasciviousness with a child, who for money or profit or due to coercion is exploited to indulge in such activities. The victim maybe male or female. If the victim is under twelve (12) years of age, the offender shall NOT be prosecuted under RA 7610, but shall be prosecuted for statutory rape or acts of lasciviousness as the case maybe. Q: What is an Attempt to Commit Child Prostitution under RA 7610? A It an offense committed by a person who, not : being a relative of a child, is found alone with said child inside the room or cubicle of a house, hotel, or other similar establishments vessel, vehicle or any other secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other child abuse. It is also committed by one person who receives services from a child in a sauna parlor, massage clinic, or any other similar establishments. Q: What is Child Trafficking? A It is the act of buying and selling a child for : money, or for any other consideration, or barter.
ARTICLE TRADE
341.
WHITE
SLAVE
ACTS 1. Engaging PENALIZED: in the business of prostitution; 2. Profiting by prostitution; and 3. Enlisting the service of women for the purpose of prostitution. One of those above-mentioned acts is sufficient to constitute the offense Habituality not a necessary element of white slave trade Offender need not be owner of house and need not be present at time of raid; it suffices that he maintains or engages in Under any pretext if real purpose is business prostitution, it doesnt matter if one engages sevices of woman ostensibly as maid, for example
Chapter ABDUCTION
Four.
ARTICLE ABDUCTION
342.
FORCIBLE
ELEMENT : S 1. That the person abducted is any regardless of her age, civil status, or woman reputation; 2. That the abduction against her is That the abduction is will lewd 3. with designs
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, ; and .

When there is deprivation of liberty and no design , the crime is kidnapping and lewd s serious illegal detention. Any woman, may be married; if child under 12 years of age, crime is forcible abduction, even if she voluntarily goes with her Taking away must be against will of woman; abductor be may accomplished by means of deceit first and then by means of violence and intimidation Actual intercourse not necessary; lewd may designs be shown by conduct of the accused; intent to seduce girl sufficient; lewd designs present in hurried ceremony of marriage by force where marriage is merely an artifice by which accusedto escape criminal consequences of sought acts his When there are several defendants, it is enough that one of them had lewd designs Husband not liable for abduction of wife as lewd design is wanting Nature of crime: against liberty, honor andreputation, and public order Forcible abduction v. Grave coercion v. Kidnapping presence of lewd design makes it forcible abduction; Kidnapping and Serious illegal detention if there is deprivation of liberty with no lewd design (Violent taking of woman motivated by lewd design and victim raped - Forcible abduction with rape, instead of Kidnapping with rape; Attempt to rape is absorbed in abduction) Forcible Abduction v. Corruption of minors depends on purpose; purpose of Corruption is to lend her to illicit intercourse with Forcible Abduction v. Rape: if resistance of others woman to alleged rape was not tenacious; rape may also absorb forcible abduction if main objective was to rape the Attempt to rape absorbed in element of lewd victim design Conviction of Acts of Lasciviousness, not a bar to conviction of forcible abduction PEOPLE vs. CARAANG, GR 148424-27. 12/11/03 The complex crime of forcible abduction with Rape occurs when there is carnal knowledge of the abducted woman under any of the circumstances mentioned earlier when force or intimidation is used; when the woman is deprived of reason or is otherwise unconscious; and when the woman is under twelve years of age or is demented. The employment of deception suffices to constitute forcible abduction. This Court has previously ruled that if the victim's consent was obtained through deceit and there was therefore no valid consent, the crime is forcible abduction, as the deceit may be considered as constructive force. The second element, lewd design, was established by the actual rapes. AGE AND REPUTATION NOT 1. Rape NECESSARY: 2. Acts of lasciviousness against the will or without the consent of the offended party 3. Qualified seduction of sister or descendant 4. Forcible Abduction ARTICLE ABDUCTION 343. CONSENTED
ELEMENT : virgi ; S 1. That the offended party must be a 2. That she must over 12 and under n be years of age; 18 3. That the taking away of the offended party must be with consen , after or and hercajolery from the offender; solicitation t 4. That the taking away of the offended party must be lewd . with designs If the virgin under years of age, the crime is committed 12 forcible abduction , even if the consente to the is girl d abduction elopement. The of the victim need not be with some character of Virginity: not in a material sense as to permanence. the idea of abduction of a virtuous woman of exclude good reputation It is sufficient that abductor was instrumental in escape of victim, need not be taken from her house Requires solicitation or cajolery
ANTI-SEXUAL HARASSMENT ACT (R. A. NO. 7877 )
How committed: In a work-related or employment sexual harassment is committed environment, 1. conditio in when: The sexual favor is made as a n the hiring or in the employment, employment or continued employment reof said individual, or in granting said favorable individualcompensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting,
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segregating or classifying the employee which in any way discriminat , deprive or diminishe employment would opportunitiesadversely affect said employee; or otherwise 2. The above acts would impair employee's rights or the privileges under existing labor ; or 3. The above acts would result in laws an intimidating, hostile, or environmen for the employee. offensive t In an education or training environment, sexual harassment is 1. Against one who is under the care, committed: or custodysupervisio of the offender; n 2. Against one whose education, training, apprenticeship or tutorship entruste to is offender; d the 3. When the sexual favor is made conditio a to the giving of a passing grade, or then granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or 4. When the sexual advances result in an intimidating, hostile or environmen for the student, trainee or offensive apprentice t . applies as well to the accomplices, accessories-afterthe-fact. Exceptio : In case of multiple n rape. ARTICLE 345. CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES AGAINST CHASTITY. PERSON GUILTY OF RAPE, SEDUCTION ABDUCTION, SHALL ALSO BE OR SENTENCED: 1. To indemnify the offended woman. 2. To acknowledge the offspring, unless the law should prevent him from so 3. doing. In every case to support the offspring. The adulterer and the concubine in the provided for in Articles 333 and 334 may also case be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended spouse. No civil liability for Acts of Lasciviousness may be awarded to offended Moral damages party, and the parents for seduction, abduction, rape, other lascivious acts (Article 2219 Civil Code) Multiple Rape(by multiple offenders): all of them must support offspring, not one may be made to acknowledge offspring Amount and terms of support to be determined in a hearing (Article 201 Family Code) Only Indemnity in Rape of Married Woman ARTICLE 346. LIABILITY OF ASCENDANTS, GUARDIANS, TEACHERS, OR OTHER ENTRUSTED WITH CUSTODY OF PERSONS OFFENDED PART Y Persons who cooperate as accomplices but are punished as in rape, seduction, abduction, principals etc: 1) Ascendants, 2) Guardians, 3) Curators, 4) Teachers, and 5) Any other person, who cooperates as accomplice with abuse of authority or confidential relationship.
Chapter Five. PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE 11
ARTICLE 344. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION, ACTS OF AND LASCIVIOUSNESS 1. Adultery and concubinage must be prosecuted upon complaint signed by the offended 2. Seduction, abduction, or acts of spouse. lasciviousness must be prosecuted upon complaint signed a. offended party, by: b. by her parents, c. grandparents, or d. guardians * in order in which they are named the above. General Marriage in good faith of the offender w/ the Rule: offended party extinguishes the criminal action or remit the penalty already imposed upon him. This
TITLE TWELVE CRIMES AGAINST THE CIVIL STATUS OF PERSON S
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Chapter One. SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS ARTICLE 347. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR AND CONCEALMENT OR ABANDONMENT ANOTHER; OF A LEGITIMATE CHILD Acts 1. Simulatio of births, punished: n ELEMENTS or in the : a) The child is baptized registered Registry of birth as the ; b) The child loses offenders its real and acquires a new one; status and c) The offenders purpose was to cause the of any trace as to the childs true loss filiation 2. Substitutio of one child for another, or 3 n Concealing or any legitimate . abandoning to cause such c hild to lose its child w/ the intent civil status ELEMENTS . a) The child must legitimate ; : be The offender conceals or abandons b) chil ; and such d c) The offender has the intent to cause the child to lose its civil . status The fact that child will be benefited by simulation is not a defense since it creates a false of birth status to the detriment of members of family to which the child is Father who sells child is not liable under introduced this article since there is no abandonment ARTICLE 348. USURPATION OF CIVIL STATUS This felony is committed by a person who assumes the filiation, or the parental conjugal of another. or rights Criminal intent to enjoy the civil of another rights by the offender knowing he is not entitled thereto is necessary to constitute this crime. Circumstance the offense : When purpose of defraud qualifying the impersonation is to the the offended party or his heirs. ARTICLE BIGAMY 349.
ELEMENT : S 1. That the offender has been legally 2. That the marriage not married been has dissolve or, in case his legallyspouse is or her d absent, the absent spouse could not be presumed according to the yet Code; dead Civil 3. That he contracts second or a marriage ; and subsequent 4. That the second or subsequent marriage has all the essential requisites for . validity The crime of bigamy does not fall within the category of private crimes. Hence, can be it prosecuted even w/o the initiative of the offended party . st marriage is void from the The fact that the 1 beginning is not a defense in a bigamy There is charge. a need for judicial declaration of the nullity of the 1 st marriage. Similarly, there also be a summary proceeding to declare the must absent spouse presumptively dead for purposes of remarriage. Failure to exercise due diligence to ascertain the whereabouts of the 1 s t wife and the husbands remarriage is bigamy through imprudence reckless . ne convicted for bigamy may be prosecuted for O concubinage as both are distinct offenses. The second spouse is not necessarily liable for bigamy . One who falsely vouches for the capacity of the either of the contracting parties knowing that one the parties is already married is an of A pardon by the offended party does not accomplice. extinguish criminal action considering that c arime is committed against the State and the of Bigamy is a public offense which can crime denounced not only by the person affected be thereby but even by a civic-spirited citizen may who come to know the same.
ARTICLE 350. MARRIAGE CONTRACTED PROVISIONS AGAINST OF LAWS ELEMENTS : 1. That the offender contracted ; and 2. That kne at the time that marriage he a. the requirement w of the law were not complied with, or s
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Chapter Two. MARRIAGES
ILLEGAL

b. the marriage was in disregard of a legal impediment . Circumstance the offense: if either of qualifying the contracting parties obtains the consent of other the by means of violence, intimidation or fraud. ARTICLE 351. PREMATURE MARRIAGES PERSONS 1. A widow within 301 from LIABLE: who married days the date of the death of her husband, or before having if she is pregnant at the time delivered of his death. 2. A woman whose marriage having dissolved or annulled, married before her been delivery or w/in 301 days after the date of the legal separation. The purpose of the law in punishing the foregoing acts is to prevent doubtful . paternity ARTICLE 352. PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY 1. Act performance or authorization by punished: a priest or minister of any religious denomination sect or or by civil authorities of any illegal marriage ceremony 2. But a clergyman who performed a marriage . ceremony without knowledge of the minority one of of the parties is not liable. 2. That the imputation must be publicl ; made y 3. That it must maliciou ; 4. directed at a be That the imputation must s be natural or juridical person, or one who is dead ; 5. That the imputation must tend to cause the dishonor, discredit or of the person defamed. contempt Libe is a public and malicious imputation of l crime,aor a vice or defect, real or imaginary or any act, commission, condition, status or circumstances tending to cause the discredit dishonor, or contempt of a natural or person, juridicalor to blacken the memory of one who is dead. Kinds of (a) malice in that malice:be proved , or (b) malice law which that should in fact which may taken for granted due to grossnes of the the be Defamation is the proper term for libel as used in s imputation. Article Defamation: may be libel or slander 353 No distinction between calumny, insult, and libel: kinds of attack against honor and reputation all punished is Malice presumed to exist in is publications injurious Publicatio is the communication of . n the defamatory matter to some third person/s. Person libeled must be . But identified need not refer by name to the libeled the publication party. If not named it must be shown that the description of the person referred to in the defamatory publication was sufficiently clear so at least a 3r d person that would have the offendedidentified Meaning party. of writer Defamatory directed at a of immaterial remarks group unless the persons are not statements areactionable all embracing or sufficiently specific for each victim to be identifiable. There are as many counts of libel as there persons are To defamed.publication, there must be presume a reasonable that the alleged libelous matter was exposed to read or seen probabilitythereby rd persons be by 3 In libel, the false accusation need not be made . under oath. Perjury requires that the accusation is made under false oath. Seditious libel is punished under Article 142 Criteria to determine whether statements are defamatory :
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TITLE THIRTEEN AGAINST CRIMES HONOR
Chapter LIBEL
One.
ARTICLE 353. DEFINITION OF LIBEL/DEFAMATIO N ELEMENT : S 1. That there must be imputatio of a crime, or an or of a vice or defect, real n imaginary, or any act, omission, condition, status, or circumstance ;

1. Words are calculated to induce the to hearerssuppose and understand that the person against whom they are uttered guilty were certain , or are sufficient to of offenses impeach honesty, virtue or , or to ; their hold the person up to reputation public ridicule and (US v OConnel ) 2. Words are construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer. ( People vs. Encarnacion ) ARTICLE 354. REQUIREMENT OF PUBLICITY. Kinds of privileged 1. Absolutely not actionable even communication: privileged has acted in bad faith; if the actor 2. Qualifiedly those which, privileged although containing defamatory are not actionable unless made with imputations, malice or bad faith . General : Every defamatory imputation Rule is presumed malicious, even if it be , if no good intention and justifiable motive for making it is true shown. Exceptions 1 legal : . privat communication in performance e of , moral or social 2. duty Requisites a. : That the person who made the communication had a legal, moral or duty socialto make the communication or at least an interest to be upheld; he had b. That the communication is addressed to an officer or a board, or superior, having some interest or duty on the matter; c. andThat the statements in the are made communication in good faith without malice in 3 fair fact. and true report of official , made in good ,w ithout any . proceedings faith comments and remarks 4. Requisites : That the publication of a report of an official a. proceeding is a fair and true report of a judicial, legislative, or other official proceedings which are not of confidential nature, or of a statement, report, or speech delivered in said proceedings, or of any other act performed by a public officer in the exercise of his functions; b. That it is made in good faith; and c. That it is made without any comments or remarks Prosecution must prove malice in fact to convictaccused in case of qualified privileged the communicatio n The privilege simply does away with presumption of malice Absolute Privileged Communication: not actionable even if done in bad faith statements made by members of Congress in discharge of functions, Judicial Proceedings when pertinent and relevant to subject of inquiry Qualified privilege is lost by proof of malice Applying to wrong person due to honest mistake does not take case out of the privilege Unnecessary publicity destroys good Defense of privileged communication faith in paragraph 1: will be rejected if it is shown that accused acted with malice in fact and there is no reasonable ground for believing the charge to be true(for example, no personal investigation made; probable cause in belief is sufficient) Malice in fact: rivalry or ill-ffeling existing at date publication, intention to injure the reputation of offended party, motivated by hate and revenge of In proceedings, communication/ pleadings/others must be pertinent and material to subject to be covered by privilege matter Only matters which are not confidential in nature be published may Defamatory remarks and comments on the conduct or acts of public officers which are related to the discharge of their official duties will not constitute libel if defendant proves the truth of imputation; any attack upon private character on matters not related to discharge of official duties may be libelous Conduct related to discharge of duties of public officers are matters of public interest Mental, moral and physical fitness of candidates for public office may be object of criticism; criticism does not follow a public man into private life and domestic his concerns Statements made in self defense or in controversy are often privileged; person libeled is mutual justified to hit back with another However, retaliation and vindictiveness cannot libel be basis of self-defense in defamation; self-defense must be on matters related to imputations made on person invoking defense He who published what is true, and in good faith and for justifiable ends, incurs no responsibility
R. A. No. 4200 The Anti-Wire Tapping Act

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PERSONS 1. Any person, not being authorized all th LIABLE: partie to any private communication ore by s word: spoken a. tap any wire or cable; or b. s uses any device or arrangement, to othersecretly overhear, intercept, or record communication or spoken word by using such device commonly known as a dictaphone a or dictagraph or walkie-talkie or tape recorder, or however otherwise described. 2. Any person, whether or not a participant in the above-mentioned acts: a. knowingly any tape record, wire possesses record, or any other such record record, disc or copies thereof of any communication or spoken word; or b. replay the same for any other person/s; or c s communicates the thereof, either verbally . contentsor in writing, to any other person; or d. furnishes thereof, whether complete or partial, to any other person. transcriptions A peace officer is exempt from liability if his acts were done under lawful order of the court. However, he can only use the recording for the case for which it was validly Information obtained in violation of the Act requested. is inadmissible in evidence in any hearing or investigation An . extension phone is not one of prohibite under R.A. 4200. There must those d be either a physical interruption through the or the deliberate installation of a device or wiretap arrangement in order to overhear, intercept or record the spoken words. ARTICLE 356. THREATENING TO PUBLISH AND TO PREVENT SUCH LIBEL OFFER PUBLICATION FOR A COMPENSATION ACTS 1. By threatenin another to publish a libel PUNISHABLE: concerning him, or his parents, spouse, child, g or other members of his family; or 2. By offering to the publication of prevent such libel for compensation, or money consideration . BLACKMAI as any unlawful extortion of L threats of accusation and exposure is possible money by in the crimes of light threats (Art. 283) and in threat to publish libel (Art 356). ARTICLE 357. PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OFFICIAL OF PROCEEDINGS ELEMENT : S 1. That the offender is a reporter, editor or manager of a newspaper, daily or magazin ; 2. eThat publishe facts connected with he private s of another; and the 3. life such facts That offensive to the are virtue and honor, person. of said reputation The prohibition to publish applies even such publication be made in connection w/ or the pretext that it is necessary in the narration under of any judicial or administrative wherein such facts have been proceedings mentioned. Art. 357 constitutes the Gag law which from publication news reports on cases bars pertaining to adultery, divorce, issues about of the legitimacy etc children, Source of news report may not be .revealed unless court or Congress finds such revelation demanded by the security of the is State
ARTICLE 355. LIBEL BY MEANS OF WRITINGS OR SIMILAR MEANS. The means by which libel may be committed are writing, printing, lithography, engraving, radio, phonograph, painting, theatrical or cinematographic exhibitions, or any means similar . Use of amplifier slander Television program libel Penalty is in addition to civil Libel may liability be absorbed in crime of threats if intent to threaten is principal aim and object
ARTICLE 358. DEFAMATION.
SLANDER/
ORAL
KINDS OF ORAL 1. Grave - defamation is of a serious DEFAMATION: slander insulting and 2. Simple light insult or nature; slander defamation.
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FACTORS THAT DETERMINE GRAVITY OF OFFENSE THE 1. expressions used : 2. personal relations of the accused and the offended party, 3. circumstances surrounding the case, 4. and social standing and position of the victim. Words uttered in the heat of anger constitute light defamation. oral If the utterances were made publicly and heard by many people and the accused at were the same time pointed his finger at the oral defamation is complainant, committed. 3. editor or business of a daily The newspaper magazine or serial publication; and manager 4. The owner of the printing whic plant a libelous article with h consen publishes his all other persons, w ho in any t and participat in or have connection with way e publication its . VENUE OF CRIMINAL AND CIVIL ACTION DAMAGES IN CASES OF FOR WRITTEN DEFAMATIO 1s t N: 1. where the libelous article is printed and publishe or 2. where any of the offended parties actually d, reside at the time of the commission of s the offense, or 3. where one of the offended parties is a public a. if his office is in the City of Manila, with officer: the RTC of Manila, or the st where the article is printed and 1 city/province published b. otherwise, with the RTC of the city/province where he held office at st the of offense; or where the article is 1 time published, or 4. where one of the offended parties is a private individual, with the RTC of province/city where he actually resides at time of the crime or where the the article was printed or 1 st published. Complaint for defamation imputing a private crime (i.e. adultery, concubinage, abduction, and acts of lasciviousness) must be seduction, filed by the offended party. Person who publishes libelous letter written by offended party is liable (publishing and not composing is the prime requisite of crime) Liability of editor is same as author Limitations of venue: in order to minimize interference with public function if a public and also officer, to avoid unnecessary harassment of accused(to limit out-of-town libel suits) Actual damages need not be proved where publication is libelous per se Action for exemplary damages may be awarded if action is based on quasi-delict No remedy for damages for slander or libel in case of absolutely privileged communication ARTICLE TRUTH 361. PROOF OF THE
ARTICLE 359. SLANDER BY DEED ELEMENT : S 1. That the offender performs any no act t included in any other crime honor against 2. That such act is performed in presenc ; the of other or persons; and e 3. person such act That dishonor, discredit castscontemp upon the offended party. or t Seriousnes of slander by deed depends on the s social of offended party, the standing circumstances surrounding the act, the Distinction occasion 1. Unjust vexation - irritation or s: annoyance; anything that annoys or irritates justification without . 2. Slander by deed - irritation or annoyance + attendant publicity and dishonor contemp or . 3. Acts of lasciviousness - irritation t or annoyance + any of the 3 provided in Art. circumstance 335 on rape (i.e. use of force or intimidation; deprivation of reason or rendering the offended unconscious; or if offended party was under 12 years old, together with lewd designs)
ARTICLE 360. PERSONS RESPONSIBLE FOR LIBE L PERSONS 1. The publishes, exhibits LIABLE:person who cause the publication or exhibition of or s any in writing or similar defamation 2. The author means; or of a book or pamphlet; editor
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PROOF OF TRUTH IS ADMISSIBLE 1. constitutes WHEN: the act or omission crime offended imputed regardless of whether the a party is a private individual or a public officer, or 2. the offended party is a government if the act or omission employee , even imputed does not constitute a provided, it is related to the discharg of his crime, e official duties. REQUISITES FOR ACQUITTAL FROM A LIBEL CHARGE 1. it appears that the matter charged as libelous : is TRUE (for situations (a) and (b) above); and 2. it was published with good and for motives a justifiable (for situation (a) only). end The proof of the truth of the accusation cannot be made to rest upon mere hearsay, rumors, or suspicion but upon positive, direct evidence which upon a definite finding may be made by the court An . imputation that a person has contagious might under ordinary circumstances disease defamatory but loses such character when be made good intention and justifiable with There is no libel when there is no motive malice Retraction may mitigate the damages; if article is libelous per se, publication due to honest mistake is only mitigating ARTICLE 362. LIBELOUS REMARKS Libelous remarks or comments on privileged (under Art. 354), if made with malice matters fact, will not exempt the author and in editor. This article a limitation to the defense is privileged of Even if matter is communication. privileged and malice in fact proved, author and editor is liable is Author/editor of publication who distorts, mutilates or discolors official proceedings reported by him, or add comments thereon to cast aspersion on character of parties concerned libel is guilty of ARTICLE INNOCENT 363. INCRIMINATING PERSO N
ELEMENT : S 1. That the offender performs an act ; 2. That by such act directly incriminates he impute to an innocen person the or commission of a ; and s t 3. crime such That does not constitute perjury . act 2 KINDS OF INCRIMINATING AN INNOCENT PERSON 1. statemen which : Making a a. defamation, or t constitutes: b. perjury (if made under oath and is false) 2. Plantin evidence g Art 363 is limited to planting evidence and the like, which tend directly to cause prosecution false . Incriminatory machinations distinguished from defamation does not avail himself of written or spoken words There is a complex crime of incriminating an innocent person through unlawful arrest ARTICLE 364. INTRIGUING AGAINST HONOR This felony is committed by any person who shall make intrigu which has for its purpose to eblemish principal honor the or of any reputation It is another person. by saying others an unattributable ,to that if it said committed thing person himself, slander tois the Intriguing against honor refers to any scheme committed. or plot designed to blemish the reputation of another by means w/c consist of some trickery. The intrigue is resorted to to blemish honor or reputation of another person Must be committed by means of some tricky andsecret plot, and not gossiping which falls under defamation Where the source or author of derogatory information cannot be determined and defendant passes it to others, defendants act is one of intriguing against honor; if it came from a definite source, crime is slander
Chapter Two. MACHINATIONS
INCRIMINATORY
TITLE QUASI FOURTEEN OFFENSES

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ELEMENTS OF SIMPLE 1. That there lack of on the part IMPRUDENCE: is of the offender;precaution and 2. That damage impending to be caused is or the dange is not the not immediate r clearly manifes . t Art. 64 on mitigating and aggravating circumstances is not applicable in quasioffenses. Qualifying circumstance in quasi-offenses: offenders failure to lend on-the-spot assistance The to the victim of his Abandoning ones victim is usually negligence. under Art. 275. But if it is charged under punishable Art. it is only a qualifying circumstance, and 365, not if alleged, it cannot even be an aggravating circumstanc Imprudence or Negligence is not a crime in e. itself, simply a way of committing a but Technical term Reckless Imprudence resulting crime in Homicide; what is punished is not the act but the itself mental attitude or condition behind the act Negligence is a quasi-offense. What is punished is not the effect of the negligence but the recklessness of the accused. Test of Negligence: Would a prudent foresee harm as a reasonable consequence of man the course about to be pursued? Reasonable foresight of harm, followed by ignoring of admonition born of this provision Reckless Imprudence v. Force Majeure: Force Majeure is an event that cannot be foreseen, or which being foreseen is inevitable; implies an extraordinary circumstance independent of will actor; in reckless imprudence damage or of injury preventable by exercise of reasonable may be care and threatened upon conduct about to be pursued by the actor Contributory negligence of offended party is not a defense but only mitigates criminal Last Clear Chance Rule The liability. contributory of the injured party will not defeat the negligence action if it be shown that the accused might, by exercise of reasonable care and prudence, the have avoided the consequences of the negligence of the injured Emergency Rule: A person confronted party. with emergency may be left with no time for must make speedy decision based on impulse thought, or instinct, and cannot be held liable for same conduct as one who had opportunity to reflect; applicable only when situation that arises sudden and unexpected, and is such as to is deprive him of all opportunity for deliberation Ex. An automobile driver, who, by the negligence of
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CRIMINAL NEGLIGENCE
ARTICLE 365. NEGLIGENCE
IMPRUDENCE
AND
Incriminatin Perjury by making g Innocent an false accusation Person Performs act to Imputation, falsely directly made, before an incriminate officer imput or e commission of crim e of planting Act False statement or evidenc affidavit made e under oath Arresto mayor Arresto mayor max to prision correccional mi n
QUASI-OFFENSES ARE COMMITTED IN 4 WAYS: 1. By committing through reckless any act imprudence which, had it been intentional, would constitute a grave or less grave felony or light felony; 2. By committing through simple imprudence or negligence an act w/c would otherwise a grave or a less serious felony; constitute 3. By causing damage to the property of another through reckless imprudence simple imprudence or negligence; or or 2. By causing through simple imprudence or negligence some wrong w/c, if done maliciously, would have constitutes a felony. light ELEMENTS OF RECKLESS IMPRUDENCE: 1. That the offender does or fails to do an 2. That the doing of or the failure to do that act act is voluntar ; 3. That it without ; y be That material malice 4. results; and 5. That damage inexcusable lack there is precautio on the part of the offender, taking of into n consideration employment or a. his b. degree of occupation, intelligence, physical condition, and c. other circumstances regarding persons, time and place.

another, is suddenly placed in an emergency compelled to act to avoid a collision or and injury is instantlynot guilty of negligence if he makes a choice which a person of ordinary prudence such a position might placed in eve though make he did not make the wisest n Violation of a rule or regulation or law is proof of choice. negligence a. Committed with the use of a deadly weapon or by two or more b. When by reason or on the occasion of persons the rape, the victim become has insane c. When the rape attempted is frustrated and a homicide or is committe by reason or on the occasion thereof d d. Committed attendan with circumstance t s (R. A. 7080) 11. Plunder 12. Violations of Dangerous Drugs Act 13. Carnapping (R. A. 6539) GENERAL The death penalty shall be RULE: in all cases upon which it must be imposed under imposed existing laws. EXCEPTION (In which cases the penalty shall S be reduced to reclusion perpetua ): 1. when the guilty person below 18 years of is age at the time of the commission of the crime; 2. when the guilty person more than is years of age; 70 3. when upon appeal or automatic review of the case by the Supreme Court, the required majority vote is not for the obtained of the death penalty, imposition
Negligence Imprudence Deficiency of Perception Action in advertence Failure Precaution Paying Avoided by proper attention and using due diligence in foreseeing them
Deficiency of Failure in Taking necessary precaution once foreseen
OTHER LAWS
SPECIAL
PENAL
HEINOUS CRIMES ACT OF 1993 (R. A. NO. 7659) The crimes punishable by death are: 1. Treason (Art. 114) 2. Qualified Piracy (Art. 123) 3. Qualified Bribery (Art. 211-A) 4. Parricide (Art. 246) 5. Murder (Art. 248) 6. Infanticide (Art. 255) HOWEVE : If any R crime penalized in this Article committe by the be the mother of the child for d purpose of concealing dishono , she shall suffer the herpenalty of prision mayor in r its medium and maximum periods, and if said crime be committed for the same purpose by maternal grandparents or either of the , the penalty shall be reclusion temporal . them 7. Kidnapping and Serious Illegal (Art. Detention 267) 8. Robbery (Art. 294): when by reason or on occasion of the robbery, the crime of homicid shall have been committed, when the robbery shall have e or been accompanied rape or mutilation or . intentional by 9. arson Destructive Arson (Art. 10. 320)Rape (Art. 335)
REPUBLIC ACT NO. 8294 (Law Penalizing Possession of Firearms, Illegal etc.) PERSONS 1. LIABLE: Any person who shall unlawfully manufacture, deal in, acquire, dispose, posses any low-powered firearm, part of or firearm, ammunition, or machinery, tool s or instrument used or intended to be used in manufacture the of any firearm or ammunition; The owner, president, manager, or director responsible other of any public or officer firm, company, corporation or entity, private who shall willfully or knowingly allow any of firearms owned by such firm, the corporation company, or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs or willfully or knowingly allow any of them to unlicensed firearms or firearms without use any authority to be carried outside of their legal residence in the course of their employment;
T
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2. Any person who carry any outside his shallfirearm licensed without legal authority residencetherefor; 3. Any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand grenade(s), rifle grenade(s), and other explosives or other incendiary devices capable of destructive producing effect on contiguous objects or causing injury or death to any person; person Any who shall tamper change, unlawfullydeface or erase the serial , number of any firearm; and 4. Any person who shall repack, unlawfully or modify the composition of alter lawfully manufactured . any explosives
Act What is the Crime? No other Illegal crime; Illegal possession possession only Other crime , Crime committed ; except Illegal possession is NOT homicide or a separate offense, nor is murder it aggravating. Offender is exonerated of illegal possession. Murder or Murder or homicide , homicide with aggravating special circumstance of illegal possession Rebellio or Rebellio or insurrection, n n insurrection, sedition, or attempted sedition, or coup detat; Illegal attempted possession is absorbed coup detat as an element thereof
ANTI-MONEY LAUNDERING ACT OF 2001 (R. A. NO. 9160) Money is a crime whereby laundering unlawful activity are transacted, the proceeds of an thereby making them appear to have originated legitimate from sources. PERSONS 1. Any knowin that any LIABLE: person g monetary involves, instrument or property represents, or relates to, the proceeds of any unlawful activity transacts or attempts to , transact instrument said monetary or property. 2. Any person knowin that any g monetary instrument or property involves the of any unlawful performs or fails proceeds activity, any act as a result of which to perform facilitates the of money laundering he offense to in paragraph (a) above. referred 3. Any knowin that any person g instrument or property monetary required is Act to be disclosed and filed with under this Anti-Money the Laundering (AMLC), Council so. fails to do Covered Transaction transaction: In excess of P500,000 within one banking day. Suspiciou transaction, s Requisites: 1. Covered institution, 2. Regardless of , and 3. amount Any of the ff. a. no economic circumstances: justification properly identified b. client not c. amount not commensurate with financial capacit d. y structured to avoid reporting from clients profile or past e. deviation transaction f. sunlawful activity under this g. ActSimilar or analogous UNLAWFUL 1. Kidnapping for ransom ACTIVITY: 2. Comprehensive Dangerous Drugs Act of 2002 (Sec. 4,5,6,8,9,10,12,14,15,16) 3. Anti-Graft and Corrupt Practices Act (Sec. 3, par. B,C,E,G,H and I) 4. Plunder 5. Robbery and extortion 6. Jueteng and Masiao punished as illegal gambling
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UNLICENSED FIREARMS MAY INCLUDE: 1. firearms with expired license; or 2. unauthorized use license firearm in the of commission of the d . crime People vs. Ladjaalam, (2000) The language of RA 8294 effectively exonerates the accused of illegal possession, an offense which may carry a heavier penalty than the other crime committed. Indeed, the accused may evade conviction for illegal possession by committing a lighter offense, like alarm and scandal. However, the wisdom of RA 8294 is not subject to the Courts review.

7. Piracy on the high 8. Qualified theft seas 9. Swindling 10. Smuggling 11. Electronic Commerce Act of 2000 12. Hijacking and other violation of RA 6235; destructive and murder, including perpetrated by terrorists against nonthose combatant s 13. Securities Regulations Code of 2000 14. Offenses of similar nature punishable by foreign penal laws WHAT IS REQUIRED TO BE REPORTED? Covered shall report to the Anti institutions Council Money Laundering covered transactions suspiciou transactions within 5 working days all and s from the occurrence. AUTHORITY TO INQUIRE INTO BANK DEPOSITS: 1. Court order upon showing of probable cause that the deposit is related to an unlawful activity or a money laundering 2. No court order required for the ff. unlawful offense. activities a : . Kidnapping for ransom b. Comprehensive Dangerous Drugs Act of 2002 Hijacking and other violation of RA 6235; destructive and murder, including those perpetrated by terrorists against noncombatants - END PROSECUTION OF MONEY LAUNDERING: 1. Offender may be charged with and convicted of BOT money laundering and the H unlawful activit 2. Proceeding of unlawful shall be y activity the prosecution for given precedence over money laundering, without prejudice freezing and other remedies of this Act. to
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Criminal Law Art 238365

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

241. USURPATION FUNCTIONS .

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Chapter One DESTRUCTION OF LIFE

ARTICLE 247. DEATH UNDER INJURIES CIRCUMSTANCES.

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

. several persons not compose for the common groups

2 group who assaulted each other, there iss tumultuous affray.

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Chapter Two INJURIES

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

RA 9262 ANTIVIOLENCE AGAINST WOMEN THEIR CHILDREN ACT OF AND 2004

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

TITLE CRIMES TEN PROPERTY

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Reviewer ATENEO

ARTICLE 295. ROBBERY WITH PHYSICAL COMMITTED INJURIES, IN AN UNINHABITED

informatio n will not apply

s under paragraph 1 of Art. 263.

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

ARTICLE 302. PLACE UNINHABITEDOR BUILDING.

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Article 313. landmarks

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Chapter Six. DECEITS

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

B.P. 22 (BOUNCING CHECKS LAW)

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

ARTICLE 316. SWINDLING.

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Chapter Eight. ARSON CRIMESINVOLVING DESTRUCTIONS

Chapter Seven. MORTGAGE

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Chapter Nine. MISCHIEF

ARTICLE MISCHIEF ELEMENT : S 1. That the offender damage to property

deliberately the caused of another;

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

ARTICLE 328. MALICIOUS