Codal REV CRIM 2

7/29/2019 Codal REV CRIM 2

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Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2)Page 18 of 41

TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS

1. Malfeasance and Misfeasance2. Bribery3. Frauds and Illegal Exactions and Transactions4. Malversation of Public Funds and Property5. infidelity in the Custody of Prisoners6. Infidelity in the Custody of Documents7. Revelation of Secrets8. Other offenses or Irregularities by public officers

Crime Elements

204KnowinglyRendering

UnjustJudgment

1. Offender is a judge;2. Renders a judgment3. Judgment is unjust4. Judge knows that his judgment is unjust

205RenderingJudgment

ThruNegligence

1. Offender is a judge;2. Renders a judgment3. Judgment is manifestly unjust4. Due to his inexcusable negligence or

ignorance

206RenderingUnjust

Interlocutory Order

1.

That the offender is a judge;2. That he performs any of the following acts:a. knowingly renders unjust interlocutory

order or decree; orb. renders manifestly unjust interlocutory

order or decree thru inexcusablenegligence or ignorance

207Malicious

Delay in theAdmin of

Justice

1. That the offender is a judge2. That there is a proceeding in his court3. That he delays the administration of justice4. That the delay is malicious

208Derelictionof Duty in

Prosecutionof Offenses

Acts Punishable:1. Maliciously refraining from institution

prosecution against violators of the law2. Maliciously tolerating the commission of

offenses

Elements:1. Offender is a public officer who has a duty to

cause the prosecution of, or to prosecute,offenses

2. Dereliction of duties knowing thecommission of the crime, he does not causethe prosecution of the criminal or knowingthat a crime is about to be committed, hetolerates its commission

209Betrayal ofTrust by anAttorney or

Solicitor

Acts Punished:1. By causing damage to his client, either (a) by

any malicious breach of professional duty, (b)by inexcusable negligence or ignorance

2. By revealing any of the secrets of his clientlearned by him in his professional capacity

3. By undertaking the defense of the opposingparty in the same case, without the consent of

his first client, after having undertaken thedefense of said first client or after havingreceived confidential information from saidclient

210Direct

Bribery

Acts Punishable in Direct Bribery:1. By agreeing to perform, or by performing, in

consideration of any offer, promise, gift orpresent and act constituting a crime, inconnection with the performance of his officialduties

2. By accepting a gift in consideration of theexecution of an act which does not constitute acrime, in connection with the performance ofhis official duty

3. By agreeing to refrain, or by refraining, fromdoing something which is his official duty to

do, in consideration of gift or promise

Elements:1. Offender is a public officer2. Offender accepts an offer or a promise or

receives a gift or present by himself or thruanother

3. Such offer or promise be accepted, or gift orpresent received by the public officer:a. with a view to committing some crime;

orb. in consideration of the execution of an act

which does not constitute a crime, butthe act must be unjust

c. to refrain from doing something which itis his official duty to do

4. Crime or act which the offender agrees toperform or which he executes be connectedwith the performance of his official duties

211IndirectBribery

1. Offender is a public officer2. He accepts gifts3. Gifts are offered to him by reason of his office

211-AQualified

Bribery

1. Public officer entrusted with law enforcement2. Offender refrains from arresting or

prosecuting an offender who has committed acrime punishable by RP and/or death

3. Offender refrains in consideration of anypromise, gift or present212

Corruptionof PublicOfficials

1. Offender offers or promises or gives gifts orpresents to a public officer

2. Such are made under circumstances that willmake public officer liable for direct or indirect

bribery213

FraudsAgainst the

PublicTreasury

and SimilarOffenses

Acts Punishable:1. Frauds against public treasury2. Demanding an amount different from what

the law authorizes to be collected3. Voluntary failure to issue receipt4. Collection of the nature of payment different

from that required

Elements of Frauds against Public Treasury:1. Offender be public officer2. Taken advantage of his office, that is, heintervened in the transaction in his official

capacity3. Entered into said agreement4. Accused had intent to defraud the

government

Elements of Illegal Exaction:1. The offender is a public officer entrusted with

the collection of taxes, licenses, fees and otherimposts

2. He is guilty of acts 2, 3 and 4 (above in ActsPunishable as Frauds Against PublicTreasury)

214OtherFrauds

Elements of the Crime:1. Offender is a public officer2. He takes advantage of his official position3.

Commits any of the frauds or deceits (arts.315-318)

215Prohibited

Transactions

1. Appointive public officer2. He becomes interested, directly or indirectly,

in any transaction of exchange or speculation3. Within the territory subject to his jurisdiction4. During his incumbency

216Possession

ofProhibited

Interest by aPublicOfficer

People Liable for Possession of ProhibitedInterest:1. Public officer who, directly or indirectly,

became interested in any contract or businessin which it was his official duty to intervene.

2. Experts, arbitrators, and private accountantswho, in like manner, took part in any contractor transaction connected with the estate orproperty in the appraisal, distribution orad udication of which the had acted

AFTER MIDTERMS


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3. Guardians and executors with respect to theproperty belonging to their wards or estate

217Malversation of PublicFunds orProperty

Acts Punishable in Malversation:1. By appropriating public funds or property2. By taking or misappropriating the same3. By consenting, or thru abandonment or

negligence, permitting another to take funds

or property4. By being otherwise guilty of themisappropriation or malversation of suchfunds or property

Elements Common to All Acts of Malversation:1. Offender be a public officer2. Custody or control of funds or property by

reason of the duties of his office3. Accountable public funds/property4. Appropriated, took, misappropriated or

consented or, thru abandonment ornegligence, permitted another person to takethem

218Failure of

Accountable

Officer toRenderAccounts

1. Offender is a public officer, whether in theservice or separated therefrom

2. Accountable officer for public funds orproperty3. Required by law or regulation to renderaccounts to the COA, or to a provincialauditor

4. Failure to do so for a period of 2 months aftersuch accounts should be rendered

219Failure to

RenderAccounts

beforeLeaving the

Country

1. Offender is a public officer2. Accountable officer for public funds or

property3. Unlawfully left (or be on the point of leaving)

RP without securing from COA a certificateshowing that his accounts have been finallysettled

220Illegal Useof PublicFunds orProperty

1. Offender is a public officer2. Public fund or property under his

administration3. Such has been appropriated by law or

ordinance4. He applies the same to a public use other than

that for which such has been appropriated221

Failure toMake

Delivery ofPublic

Funds orProperty

Acts Punishable:1. By failing to make payment by public officer

who is under obligation to make suchpayment from Government funds in hispossession

2. By refusing to make delivery by a publicofficer who had been ordered by competentauthority to deliver any property in hiscustody or under his administration

Elements of Failure to Make Payment:1. Public officer has govt funds in his possession2. Under obligation to make payment from

funds3. He fails to make the payment maliciously

222Officers

Included inthe

PrecedingProvisions

Private Individuals who may be Liable (arts. 217-221):1. Private individuals who, in any capacity

whatever, have charge of any national,provincial or municipal funds, revenue, orproperty

2. Administrator or depository of funds orproperty, attached, seized or deposited bypublic authority, even if such property

belongs to private individual223

Connivingwith or

Consentingto Evasion

1. Offender is a public officer2. He had in his custody or charge, a prisoner,

either detention prisoner or prisoner by finaljudgment

3. Such prisoner escaped from his custody4. In connivance with prisoner in the latters

escape

Classes of Prisoners Involved:1. Sentenced by final judgment2. Detention prisoner

224EvasionThrough

Negligence

1. Offender is a public officer2. Charged with conveyance or custody of a

prisoner (detention prisoner or prisoner byfinal judgment)

3. Such prisoner escapes thru his negligenceLiability of Escaping Prisoner:1. Convict by reason of final judgment Article

1572. Detention Prisoner no liability

225Escape ofPrisoner

under theCustody of aPerson not a

PublicOfficer

1. Offender is a private person2. Conveyance or custody of prisoner or person

under arrest is confided to him3. Prisoner or person under arrest escapes4. Offender consents to escape, or that the escape

takes place thru his negligence

226Removal,Conceal-

ment orDestruction

ofDocuments

1. Offender be a public officer2. He abstracts, destroys, conceals documents,

papers

3. Said documents/papers entrusted to suchpublic officer by means of his office

4. Damage, whether serious or not, to a thirdparty or to the public interest should have

been caused227

OfficerBreaking

Seal

1. Offender is a public officer2. Charged with the custody of papers or

property3. Papers or property are sealed by proper

authority4. Breaks the seals or permits them to be broken

228Opening of

ClosedDocuments

1. That offender is a public officer2. That any closed papers, documents, or objects

are entrusted to his custody3. That he opens or permits to be opened said

closed papers, documents or objects4. That he does not have proper authority

229Revelation

of Secrets byan Officer

Elements of No. 1:1. That the offender is a public officer2. He knows a secret by reason of his official

capacity3. Revelation without authority or justifiable

reasons4. Damage be caused to public interestElements of No. 2:1. Offender is public officer who has charge of

papers2. Papers should not be published3. Delivers papers or copies thereof to a 3rd

person4. Delivery is wrongful5. Damage be caused to public interest

230Public

OfficerRevealingSecrets of

PrivateIndividual

1. Offender is a public officer2. He knows of the secrets of a private individual

by reason of his office3. He reveals secrets without authority orjustifiable reason

231Open

Disobe-dience

1. That the offender is a judicial or executiveofficer

2. That there is a judgment, decision or order of asuperior authority

3. That such judgment, decision or order wasmade within the scope of the jurisdiction ofthe superior authority and issued with alllegal formalities

4. That the offender without any legaljustification openly refuses to execute the saidjudgment, decision or order, which he is dutybound to obe


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232Disobedience to Order of

SuperiorOfficer,

When SaidOrder wasSuspendedby Inferior

Officer

1. Offender is a public officer2. Order is issued by his superior for execution3. He has for any reason suspended the

execution of such order4. His superior disapproves the suspension5. Offender disobeys his superior despite the

disapproval of the suspension

233Refusal ofAssistance

1. That the offender is a public officer2. That a competent authority demands from the

offender that he land his cooperation towardsthe administration of justice or other publicservice

3. That the offender fails to do so maliciously234

Refusal toDischarge

ElectiveOffice

1. Offender is elected by popular election2. Refuses to be sworn in or to discharge duties3. No legal motive for such refusal to be sworn

in or to discharge the duties of said office

235Maltreat-ment of

Prisoners

1. Offender is a public officer or employee2. Has under his charge prisoner / detention

prisoner3. Maltreats such prisoner in either of the ff

manners:

a. overdoing correction or handling either i. imposition of punishments not

authorized by the regulations, orii. inflicting authorized punishments

in a cruel and humiliating mannerb. Maltreating prisoner to extort a

confession or to obtain some informationfrom the prisoner

236Anticipationof Duties of

PublicOffice

1. Offender is entitled to hold a public office oremployment, either by election orappointment

2. LAW requires that he should first be sworn inand/or should first give a bond

3. Assumes performance of duties and powers4. He has not taken oath and/or given bond

required237

ProlongingPerformanceof Duties

and Powers

1. Offender is holding a public office2. Period provided by law, regulations or specialprovisions for holding such office, has expired3. Continues to exercise duties and powers

238Abandon-

ment ofOffice orPosition

1. Offender is a public officer2. Formally resigns from his position3. Resignation has not yet been accepted4. Abandons his office to detriment of public

service

Qualifying Circumstance: if done in order toevade discharge of duties of preventing,prosecuting or punishing any of the crimes fallingwithin Title One, and Chapter One of Title 3 ofBook 2 (Crimes against National Security and Lawof Nations and Crimes against Public Order)

239

UsurpationofLegislative

Powers

1. That the offender is a executive or judicialofficer2. That he makes general rules or regulations

beyond the scope of his authority, or attemptsto repeal a law, or suspends the executionthereof

240Usurpationof Executive

Functions

1. That the offender is a judge2. That he assumes a power pertaining to the

executive authorities, or obstructs theexecutive authorities in the lawful exercise oftheir powers

241Usurpationof JudicialFunctions

1. That the offender is an officer of the executivebranch of the government

2. That he assumes judicial powers, or obstructsthe execution of any order or decisionrendered by any judge within his jurisdiction

242DisobeyingRequest forDisqualifica

tion

1. Offender is a public officer2. Proceeding is pending before public officer3. Question is brought before the proper

authority regarding his jurisdiction, which isnot yet decided

4. Lawfully required to refrain from continuing243

Orders orRequests by

ExecutiveOfficer to

any JudicialAuthority

1. That the offender is an executive officer2. That he addressed any order or suggestion to

any judicial authority3. That the order or suggestion relates to any

case or business coming within the exclusivejurisdiction of the courts of justice

244UnlawfulAppoint-

ments

1. Offender is a public officer2. He nominates or appoints a person to public

office3. Person lacks the legal qualifications therefore4. Offender knows that his nominee or appointee

lacks the qualifications at the time he made thenomination or appointment

245AbusesAgainstChastity

1. Offender is a public officer2. Solicits or makes immoral or indecent

advances to a woman3. That such woman must be:

a. Interested in matters pending before theoffender for decision, or with respect to

which he is required to submit a report toor consult with a superior officer; or

b. Under the custody of the offender who isa warden or other public officer directlycharged with the care and custody ofprisoners or persons under arrest; or

c. The wife, daughter, sister or relativewithin the same degree by affinity of theperson in the custody of the offender

Public Officers

1.

Taking part in the performance of public functionsin the Government, or performing in saidGovernment or in any of its branches public dutiesas an employee, agent or subordinate official, of anyrank or class; and

2. That his authority to take part in the performance ofpublic functions or to perform public duties must beb. by direct provision of the law, orc. by popular electiond. by appointment by competent authority

Malfeasance and Misfeasance Misfeasance improper performance of some ac

which might lawfully be done

Malfeasance performance of an act which oughtNOT to be done Nonfeasance omission of some act which ought to

be performed

Bribery

Prevaricacion (Art. 208) Distinguished from Bribery:1. Both are committed by refraining doing something

which pertains to the official duty of the officer2. In bribery, the offender refrained from doing his

official duty in consideration of a gift received or


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promised; while in crime of prevaricacion thiselement is NOT necessary

Direct Bribery Distinguished from Indirect BriberyDirect Bribery Indirect Bribery

agreement no agreementoffender agrees to perform orperforms an act or refrains fromdoing something, because of thegift or promise

it is NOT necessary that theofficer should do any particularact or even promise to do anyact, as it is enough that heaccepts gifts offered

Mere agreement consummates Acceptance consummates crime

Crimes Committed when Act Constitutes a Crime andwas Accomplished direct bribery, in addition to crime brought about by

act There can be attempted corruption if public officer

refused to be corrupted

Qualified Bribery Penalty must be RP or death or RP to death; if not,

crime is dereliction of duties

Frauds and Illegal Exactions and Transactions

Illegal Exaction If illegal amount is receipted: additional offense of

malversation Not applicable to BIR and customs officersMalversation of Public Funds or Property

To be guilty, public officer must have:1. Official custody of public funds or property or the

duty to collect or receive funds due the government,and

2. Obligation to account for them to the government* accountable officer otherwise, crime is estafa

Presumption of MalversationRule: when demand is made to account for funds andthe same is not forthcoming

Provided: no issue as to accuracy, correctness andregularity of audit findings and the fact that funds aremissing is indubitably established

Infidelity of Public Officers

Revelation Distinguished from Infidelity:1. Papers contain Secrets revelation2. Papers do not contain Secrets InfidelityInfidelity in Custody of Document distinguished fromMalversation and Falsification Malversation and Falsification when postmaster

received money orders, signed as payee, collectedand appropriated the respective amounts

Infidelity in Custody of Papers when postmasterreceives letters/envelopes containing money orders,and MO are not sent to addressees, the postmastercashing the same for his own benefit


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TITLE VIII: CRIMES AGAINST PERSONS

1. Parricide2. Murder3. Homicide4. Death Caused in a Tumultous Affray5. Physical Injuries Inflicted in a Tumultous Affray6. Giving Assistance to Suicide7. Discharge of Firearms8. Infanticide9. Intentional Abortion10. Unintentional Abortion11. Abortion practiced by Woman Herself or her

Parents12. Abortion Practiced by Physician or Midwife and

Dispensing of Abortives13. Duel14. Challenging to a Duel15. Mutilation16. Serious Physical Injuries17. Administering Injurious Substances or Beverages18. Less Serious Physical Injuries19. Slight Physical Injuries and Maltreatment20. Rape

Crime Elements

246Parricide

1. That a person is killed2. That the deceased is killed by the accused3. That the deceased is the father, mother, or

child, whether legitimate or illegitimate, or alegitimate other ascendant or otherdescendent, or the legitimate spouse, of theaccused

247Death orPhysical

InjuriesInflictedUnder

ExceptionalCircum-stances

1. That a legally married person or a parentsurprises his spouse or his daughter, the latterunder 18 years of age and living with him, in

the act of committing sexual intercourse withanother person2. That he or she kills any or both, of them or

inflicts upon any or both of them any seriousphysical injury in the act or immediatelythereafter

3. That he has not promoted/facilitatedprostitution of his wife or daughter, or that heor she had not consented to the infidelity ofthe other spouse

Parricide is not punished with RP to Death:1. Parricide committed thru negligence (Article

365)2. Committed by mistake (Article 249)3. Committed under exceptional circumstances

248Murder

1. That a person was killed2. That the accused killed him3. That the killing was attended by any of the

qualifying circumstances mentioned in Article248

4. The killing is not parricide or infanticideMurder unlawful killing of any person which isNOT parricide or infanticide, provided ffcircumstances are present:1. Treachery, taking advantage of superior

strength, Aid of armed men, or Means toweaken defense, or means/persons toinsure/afford impunity

2. In consideration of a price, reward or promise3. Inundation, fire, poison, explosion, shipwreck,

stranding of vessel, derailment or assaultupon a railroad, fall of airship, motor vehicles,

or any other means involving great waste andruin

4. On occasion of any of the calamitiesenumerated in the preceding paragraph, orearthquake, volcanic eruption, destructivecyclone, great waste and ruin

5. Evident premeditation6. Cruelty or outraging/scoffing at person or

corpse249

Homicide1. That a person is killed2. Killing without justifying circumstances3. Accused had intention to kill, which is

presumed4. Killing was not attended by any of the

qualifying circumstances of murder, or by thatof parricide or infanticide

251Death

Caused inTumultuous

Affray

1. That there be several persons2. Do not compose groups organized for

assaulting and attacking each otherreciprocally

3. Several persons quarreled and assaulted oneanother in a confused and tumultuous manner

4. That someone was killed in the course of theaffray

5. Unascertained who actually killed deceased6. Person(s) who inflicted serious physical

injuries or who used violence can be identified252

PhysicalInjuries

Caused inTumultuous

Affray

1. Tumultuous affray2. Participant(s) suffer serious physical injuries

or physical injuries of a less serious natureonly

3. Person responsible therefore cannot beidentified

4. That all those who appear to have usedviolence upon the person of the offendedparty are known

253Giving

Assistanceto Suicide

Acts Punishable as Giving Assistance to Suicide:1. By assisting another to commit suicide,

whether the suicide is consummated or not2. By lending his assistance to another to commit

suicide to the extend of doing the killinghimself

254

Discharge ofFirearms

1. Offender discharges a firearm against or atanother person2. Offender has no intention to kill that person

255Infanticide

1. Child was killed2. Child was less than 3 days (72 hours) of age3. Accused killed the said child

256IntentionalAbortion

Ways of Committing Intentional Abortion:1. Using any violence upon pregnant woman2. Acting without violence, without the consent

of the woman (by administering drugs orbeverages upon such pregnant womanwithout her consent)

3. Acting (by administering drugs or beverages),with the consent of the pregnant woman

Elements:1. That there is a pregnant woman2. That violence is exerted, or drugs or beverages

administered, or that the accused otherwiseacts upon such pregnant woman3. That as a result, the fetus dies, either in the

womb or after having been expelled therefrom4. That the abortion is intended

257Uninten-

tionalAbortion

1. That there is a pregnant woman2. That violence is used upon such pregnant

woman without intending an abortion3. That the violence is intentionally exerted4. That as a result, the fetus dies, either in the

womb or after having been expelled therefrom258

AbortionPracticed bythe WomanHerself or

b her

1. Pregnant woman who has suffered anabortion

2. That the abortion is intended3. That the abortion is caused by:

a. the pregnant woman herselfb. an other erson, with her consent


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Parents c. any of her parents, with her consent, forthe purpose of concealing her dishonor

259Abortion

Practiced bya Physicianor Midwife

andDispensingof Abortives

Elements for Physician or Midwife1. Pregnant woman who has suffered an

abortion2. That the abortion is intended3. That the offender, who must be a physician or

midwife, causes, or assists in causing, theabortion4. That said physician or midwife takes

advantage of his or her scientific knowledgeor skill

Elements for Pharmacists:1. That the offender is a pharmacist2. No proper prescription from a physician3. That the offender dispenses any abortive

260Duel

Acts Punishable in Duel:1. By killing ones adversary in duel2. By inflicting upon such adversary physical

injuries3. By making a combat although no physical

injuries have been inflicted261

Challengingto Duel

Acts Punished under this Article:

1.

Challenging another to a duel2. Inciting another to give or accept challenge toduel

3. By scoffing at or decrying another publicly forhaving refused to accept a challenge to fight aduel

262Mutilation

1. Intentionally mutilating another by deprivinghim, either totally or partially, of someessential organ for reproductiona. Castration (mutilation of organs

necessary for generation such as a penisor ovarium)

b. Mutilation caused purposely ordeliberately, that is, to deprive theoffended party of some essential organfor reproduction

2. Intentionally making other mutilation (bylopping or clipping off any part of the body ofthe offended party, other than essential organfor reproduction) to deprive him of that partof his body.

263SeriousPhysicalInjuries

Serious Physical Injuries:1. When the injured person becomes insane,

imbecile, impotent or blind in consequence ofthe physical injuries inflicted.

2. When the injured person (a) loses the use ofspeech or the power to hear or to smell, orloses an eye, a hand, a foot, an arm, or a leg, or(b) loses the use of any such member, or (c)

becomes incapacitated for the work in whichwe were theretofore habitually engaged, inconsequence of the physical injuries inflicted.

3. When the person injured (a) becomesdeformed, or (b) loses any other member of

his body, or (c) loses the use thereof, or (d)becomes ill or incapacitated for theperformance of the work in which he washabitually engaged for more than 90 days, inconsequence of the physical injuries inflicted.

4. When the injured person becomes ill orincapacitated for labor for more than 30 days(but must not be more than 90 days), as aresult of the physical injuries inflicted.

264Adminis-

teringInjurious

Substancesor Beverages

1. That the offender inflicted upon another anyserious physical injury

2. That it was done by knowingly administeringto him any injurious substance or beverages or

by taking advantage of his weakness of mineor credulity

3. That he had no intent to kill

265Less Serious

PhysicalInjuries

1. Other than less serious physical injuries and2. Incapacitated for labor for 10 days or more, or

shall require medical attendance for the sameperiod

Qualified Less Serious Physical Injuries1. Paragraph 2:

a. manifest intent to insult or offend victimb. circumstances adding ignominy to

offense2. Paragraph 3:

a. the offenders parents, ascendants,guardians, curators or teachers

b. persons of rank or persons in authority,provided the crime is not direct assault

266Slight

PhysicalInjuries and

Maltreat-ment

Kinds of Slight Physical Injuries:1. Physical injuries which incapacitated the

offended party for labor from 1 to 9 days, orrequired medical attendance during the sameperiod

2. Physical injuries which did not prevent theoffended party from engaging in his habitualwork or which did not require medicalattendance

3. Ill-treatment of another by deed withoutcausing any injury

266-ARape

266-BPenalties

Paragraph 1:1. Offender is a man2. Offender had carnal knowledge of a woman3. Such act is accomplished under any of the ff

circumstance:a. by using force or intimidation; or

b. when the woman is deprived of reasonor otherwise unconscious; or

c. by means of fraudulent machination orgrave abuse of authority; or

d. when the woman is under 12 years of ageor demented

Paragraph 2:1. Offender commits an act of sexual assault2. That the act of sexual assault is committed by

any of the following means:

a.

by inserting his penis into anotherpersons mouth or anal orifice; orb. by inserting any instrument or object into

the genital or anal orifice of anotherperson

3. That the sexual act is accomplished under thecircumstances mentioned in paragraph 1

Reclusion Perpetua to Death1. use of deadly weapon or by 2 or more persons2. victim has become insaneDeath Penalty1. By reason or on occasion of the rape, a

homicide is committed2. Victim is under 18 and offender is parent,

ascendant, stepparent, guardian, relative byconsanguinity or affinity within 3rd civildegree, or common-law spouse of the parentof victim

3. Victim is under custody of the police ormilitary authorities or any law enforcement orpenal institution

4. Rape is committed in full view of the husband,parent, any of the children or other relativeswithin the 3rd civil degree of consanguinity

5. Victim is a religious engaged in legitimatereligious vocation or calling and is personallyknown to be such by the offender before or atthe time of the commission of the crime

6. Victim is a child below 7 years of age.7. Offender knows that he is afflicted with

HIV/AIDS or any other STD and the virus ordisease is transmitted to the victim.


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8. Committed by any member of AFP orparamilitary units thereof or the PNP or anylaw enforcement agency or penal institution,when offender took advantage of position tofacilitate the commission of the crime

9. By reason or on the occasion of the rape, thevictim has suffered permanent physicalmutilation or disability

10. Offender knew of the pregnancy of theoffended party at the time of the commissionof the crime

11. Offender knew of the mental disability,emotional disorder and/or physical handicapof the offended party at the time of thecommission of the crime

266-CEffect ofPardon

1. Subsequent valid marriage between theoffender and the offended party shallextinguish the criminal action or the penaltyimposed.

2. In case it is the legal husband who is theoffender, the subsequent forgiveness by thewife as the offended party shall extinguish thecriminal action or the penalty

266-DPresump-

tions

1. Any physical overt act manifesting resistanceagainst the act of rape in any degree from theoffended party; or

2. Where the offended party is so situated as torender him/her incapable of giving consentParricide, Murder, Homicide

Parricide Legitimate relationship except parent and child Direct line only except spouse Blood except for spouse

Parricide InfanticideBased on relationship Based on age of childRelatives enumerated Strangers or relatives

* parricide yields to infanticideConspiracy cannot be appliedSeparate informations necessary

Conspiracy applicableSingle information

Conceal dishonor not mitigating Conceal dishonor mitigating

Murder

Use of FireSeparate crimes of Homicideand Arson

To conceal killing

Murder As a means to killArson aggravated by Homicide Burn a house but there was a

person who was killedHomicide Resorted to as a joke (Ppl v.

Pugay)

Homicide

Homicide unlawful killing of any person, which isneither parricide, murder nor infanticide Accidental Homicide death of a person brought

about by a lawful act performed with proper careand skill, and without homicidal intent

Corpus Delicti actual commission of the crimecharged; means that the crime was actuallyperpetrated, and does not refer to the body of themurdered person

Death or Physical Injuries in Tumultuous Affray

Tumultuous Affray the disturbance is caused by morethan three persons who are armed or are provided withmeans of violence

Persons Liable for Death in Tumultuous Affray:1. Person(s) who inflicted the serious physical injuries2. If it is not known who inflicted the serious physical

injuries on the deceased, all the persons who usedviolence upon the person of the victim are liable, butwith lesser liability

Infanticide

Infanticide killing of any child less than three days ofage, whether the killer is the parent or grandparent, anyother relative of the child, or a stranger

Abortion InfanticideFetus is still drawing life frommother

Victim is already a person

Umbilical cord not yet cut; or Umbilical cord is already cutand infant is still alive

Intra-uterine life of less than 7mos. and is killed within 24hours

Intra-uterine life of less than 7mos. and killed after 24 hours

Killing by woman to conceal dishonor is extenuating

Duel

Duel formal or regular combat previously concertedbetween two parties in the presence of two or moreseconds of lawful age on each side, who makes theselection of arms and fix all other conditions of the fight

Persons Liable in Duel:1. Person who killed or inflicted physical injuries upon

his adversary, or both combatants in any other case

as principles2. Seconds, as accomplicesPhysical Injuries

Serious Less Serious SlightInsanity, imbecility,impotence, blindnessLoss of speech,hearing, smellingLoss of eye, hand,foot, arm, legIncapacitated forwork for whichhabitually engagedDeformation

Lost any other partof body or usethereofIllness or incapacityfor work habituallyengaged for periodof more than 90 daysInjuries causedillness or incapacityfor labor for morethan 30 days notmore than 90

Incapacitated forlabor for 10 days ormore but not morethan 30 days

Incapacitated folabor from 1 to ninedays or medicaattendance for sameperiodDo not prevent himfrom engaging inhabitual work norequire medica


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attendanceIll-treatment by deedwithout injury

Physical Injuries Distinguished from Attempted orFrustrated Homicide:

a.

In both, the offender inflicts physical injuries,however homicide may be committed, even if nophysical injuries are inflicted

b. There is no intent to kill in physical injuriesMutilation

Ordinary Physical Injuries Distinguished fromMutilation:1. Mutilation must have been caused purposely and

deliberately2. Physical Injuries this intention is not present


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TITLE IX: CRIMES AGAINST PERSONAL LIBERTY ANDSECURITY

1. Kidnapping and Serious Illegal Detention2. Slight Illegal Detention3. Unlawful Arrest4. Kidnapping and Failure to Return a Minor5. Inducing a Minor to Abandon his Home6. Slavery7. Exploitation of Child Labor8. Services Rendered in Compulsion of Payment of

Debt9. Abandonment of Persons in Danger and Ones Own

Victim10. Abandoning a Minor11. Exploitation of Minors12. Qualified Trespass to Dwelling13. Other Forms of Trespass14. Grave Threats, Light Threats, Other Light Threats15. Grave Coercions, Light Coercions16. Discovery and Revelation of Secrets

Crime Elements

267Kidnappingand Serious

IllegalDetention

1. Offender is a private individual2. Kidnaps or detains another, or in any other

manner deprives the latter of his liberty3. Act of detention or kidnapping must be illegal4. Any of the following circumstances are present:

a. Lasts for more than 3 days or;b. Committed simulating public authority or;c. Any serious physical injuries are inflicted

upon the person kidnapped or detained orthreats to kill him are made; or

d. Person kidnapped or detained is a minor(except when the accused is any of the parents),female or a public officer.

268

SlightIllegal

Detention

1. Offender is a private individual2. Kidnaps or detains another, or in any othermanner deprives him of his liberty3. Act of kidnapping or detention is illegal4. Crime is committed without the attendance of

any of the circumstances enumerated in Article267

269Unlawful

Arrest

1. Offender arrests or detains another person2. Purpose: to deliver him to the proper

authorities3. Arrest or detention is not authorized by law or

there is no reasonable ground therefore270

Kidnappingand Failureto Return a

Minor

1. That the offender is entrusted with the custodyof a minor person (below 21 years of age)

2. That he deliberately fails to restore the saidminor to his parents or guardians

271

Inducing aMinor toAbandonHis Home

1. That a minor is living in the home of his parentsor guardian or person entrusted with hiscustody

2. Offender induces said minor to leave suchhome

272Slavery

1. Purchases, sells, kidnaps or detains a humanbeing.

2. Purpose: enslave such human being273

Exploitationof Child

Labor

1. That the offender retains a minor in his service2. That it is against the will of the minor3. That it is under the pretext of reimbursing

himself of a debt incurred by an ascendant,guardian or person entrusted with the custodyof such minor

274Services

Rendered

1. That the offender compels a debtor to work forhim, either as household servant or farmlaborer

UnderCompulsionin Payment

2. That it is against the debtors will3. That the purpose is to require or enforce the

payment of a debt

275Abandonme

nt ofPersons in

Danger and

Abandonment of OnesOwn Victim

Acts Punishable:1. Failing to render assistance to any person

whom offender finds in an uninhabited placewounded or in danger of dying when he canrender such assistance without detriment to

himself, unless such omission shall constitute amore serious offense2. Failing to help or render assistance to another

whom the offender has accidentally woundedor injured

3. Failing to deliver a child, under 7 whom theoffender has found abandoned, to theauthorities or to his family, or by failing to takehim to a safe place

276Abandoning

a Minor

1. That the offender has the custody of a child2. That the child is under 7 years of age3. That he abandons such child4. No intent to kill child when the latter is

abandoned

Qualifying Circumstances:1. Death resulted from such abandonment, or2.

Life of minor was in danger because oabandonment

277Abandon-

ment ofMinor by

PersonEntrustedwith HisCustody;

Indifferenceof Parents

Acts Punished:1. By delivering a minor to a public institution or

other persons without the consent of the onewho entrusted such minor to the care of theoffender or, in the absence of that one, withouthe consent of the proper authorities

2. By neglecting his (offenders) children by nogiving them the education which their station inlife requires and financial condition permits

278Exploitation

of Minors

See RA 7610 and related laws

280Qualified

Trespass toDwelling

1. That the offender is a private person2. That he enters the dwelling of another3. That such entrance is against the latters willExceptions:1. Made for the purpose of preventing some seriou

harm to himself, the occupants of the dwelling or a3rd person

2. Purpose is to render some service to humanity orjustice

3. Place where entrance is made is a caf, tavern, innand other public houses, while the same are still open

* Qualifying Circumstance violence or intimidation281

Other Formsof Trespass

1. Offender enters closed premises or the fencedestate of another

2. Entrance is made while uninhabited3. That the prohibition to enter be manifest4. No permission of the owner or the caretake

thereof282Grave

Threats

Acts Punished:1. By threatening another with the infliction upon

his person, honor or property or that of hisfamily of any wrong amounting to a crime anddemanding money or imposing any othercondition, even thought not unlawful, and theoffender attained his purposea. Offender threatens another with the

infliction upon the latters person, honor orproperty, or upon that of the latterfamily, of any wrong

b. Wrong amounts to a crimec. Demand for money or that any other

condition is imposed, even though nounlawful

d. Offender attains his purpose


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2. By making threat without attaining his purpose3. By threatening another with the infliction upon

his person, honor or property or that of hisfamily of any wrong amounting to a crime, thethreat not being subject to a conditiona. Offender threatens another with the

infliction upon the latters person, honor,or property, or upon the latters family, ofany wrong

b. Wrong amounts to a crimec. Threat is not subject to a condition

283Light

Threats

1. Offender makes a threat to commit a crime2. Wrong does not constitute a crime3. Demand for money or that other condition is

imposed, even though not lawful4. Offender has attained or not attained his

purpose285

Other LightThreats

1. Threatening another with a weapon, or bydrawing such weapon in a quarrel, unless inlawful self-defense

2. Orally threatening another, in the heat of anger,with some harm constituting a crime, withoutpersisting in the idea involved in his threat

3. Orally threatening to do another any harm notconstituting a felony

286

GraveCoercions

Ways to Commit:

1. By preventing another, by means of violence,threats or intimidation, from doing somethingnot prohibited by law

2. By compelling another, by means of violence,threats or intimidation, to do something againsthis will, whether it be right or wrong

Elements:1. Person prevented another from doing

something not prohibited by law, or that hecompelled him to do something against his will,

be it right or wrong2. Prevention or compulsion be effected by

violence, threats or intimidation3. Person that restrained the will and liberty of

another had not the authority of law or the rightto do so, or, in other words, that the restraint

shall not be made under authority of law or inexercise of lawful right287

LightCoercions

1. Offender must be a creditor2. He seizes anything belonging to his debtor3. Seizure of thing accomplished by means of

violence or a display of material forceproducing intimidation

4. Purpose: apply the same to the payment of thedebt

288Other

SimilarCoercions

1. Forcing/compelling, directly/indirectly, orknowingly permitting the forcing or compellingof the laborer or employee of the offender topurchase merchandise or commodities of anykind

2. By paying wage due his laborer or employee bymeans of tokens or objects other than the legaltender currency of the Philippines, unless

expressly requested by such laborer or employee289Formation,Maintenanc

e, andProhibitionof Combina-

tion ofCapital or

Labor

1. That the offender employs violence or threats,in such a degree as to compel or force thelaborers or employers in the free and legalexercise of their industry or work

2. That the purpose is to organize, maintain orprevent coalitions of capital or labor, strike oflaborers or lockout of employers

290Discovery ofSecrets Thru

Seizure ofCorres-

pondence

1. Offender is a private individual or even a publicofficer not in the exercise of his officialfunctions

2. He seizes the papers or letters of another3. Purpose: to discover secrets of such another

person4. Offender is informed of the contents

Exception: parents, guardians, or persons entrusted witthe custody of minors (papers or letters of the children ominors), or to spouses with respect to the papers or lettersof either of them

291Revealing

Secrets withAbuse of

Office

1. Offender is a manager, employee or servant2. Learns of the secrets of his principal or maste

in such capacity3. Reveals such secrets

292Revelation

of IndustrialSecrets

1. Offender is person in charge, employee oworkman of a manufacturing or industriaestablishment

2. Manufacturing or industrial establishment has asecret of the industry which the offender haslearned

3. Offender reveals such secrets4. Prejudice is caused to the owner

Illegal Detention

Special Complex Crimes* Effectively eliminated distinction drawn by courts betweenthose cases where the killing, rape or physical injuries was

purposely sought by the accused, and those where the samewas not deliberately resorted to but was merely anafterthought

KindsKidnapping with homicideKidnapping with rapeKidnapping with physicalinjuries

Not separate crimes inthemselves but circumstanceswhich convert kidnapping intospecial complex crime

* this rule applicable only if kidnap victim was killed, raped ortortured* if 3rd person killed, raped or tortured, there will be 2 separateoffenses* intent is determinative of the special complex crime if intentfrom the very beginning is to kill, rape or torture crime is notkidnapping but murder/homicide, rape, physical injuries

Kidnapping with Rape Forcible Abduction with RapeComposite if woman kidnappedis also raped

Complex under art. 48

At the outset, no lewd design At the outset, lewd designRape is qualifying circumstance Rape is also a crimeOnly 1 kidnapping with rape,even if multiple rapescommitted

Only one rape complexed, allother rapes are separate crimes

If merely attempted rape: 2separate crimes: Kidnappingand Attempted Rape

If merely attempted rape, onlyone crime: Forcible Abduction

Kidnapping Grave CoercionIntent to depriveliberty/restrain

Mere curtailment of freedom ofmovement

Unlawful arrest distinguished from other illegaldetention: if the purpose of locking up or detaining is todeliver to authorities, the crime is unlawful arrestotherwise, it is other illegal detention

Distinguishing Article 267 and Article 270:1. Article 267 offender is not entrusted with custody2. Article 270 offender is entrusted with custody of

minor

Slavery and Kidnapping/Illegal DetentionDistinguished:

a. Slavery purpose is to enslave victim


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b. Kidnapping or Illegal Detention any otherpurpose

Trespass to DwellingDwelling Place any building or structure exclusivelydevoted for rest and comfort

Trespass to

Dwelling

Inhabited

Trespass to Property Uninhabited, clear or manifest prohibitionTheft Purpose: fish, harvest, gatherVagrancy If property not fenced, no prohibition to

enterUnjust vexation orlight coercion

Robbery Intimidation immediate but conditionalcoupled with demand for money or anyconsideration ; intent to gain

Threat Future and conditionalCoercion Direct, immediate and personal or serious

enough; no intent to gain


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TITLE X: CRIMES AGAINST PROPERTY

1. Robbery with Violence Against or Intimidation ofPersons

2. Robbery by the Use of Force upon Things3. Brigandage4. Theft5. Usurpation6. Culpable Insolvency7. Swindling and Other Deceits8. Chattel Mortgage9. Arson and Other Crimes Involving Destruction10. Malicious Mischief

Crime Elements

293Who areGuilty ofRobbery

Classification :1. Robbery with violence against, or intimidation

of persons (RVAIP)2. Robbery with the use of force upon things

(RFUT)a. Robbery in Inhabited House, Public

Building or Edifice devoted to PublicWorship

b. Robbery in Uninhabited House or in aPrivate Building

Elements of Robbery in General:1. Personal property belonging to another2. Unlawful taking of that property3. Taking must be with intent to gain4. Violence against or intimidation of any

person, or force upon anything294

Robberywith

ViolenceAgainst or

Intimidationof Persons

Acts Punished:1. By reason or on occasion of robbery, homicide

is committed, or is accompanied by rape orintentional mutilation or arson

2. By reason or on occasion of such robbery, anyof the serious physical injuries, 1 iscommitted

3. By reason or on occasion of such robbery, anyof serious physical injuries, 2 is committed4. If violence or intimidation employed in the

robbery is carried to a degree clearlyunnecessary or in the course of its execution,offender shall have inflicted upon any personnot responsible for the robbery any of thephysical injuries in serious physical injuries, 3 and 4.

5. If violence employed does not cause any of theserious physical injuries defined in Art. 263, orif the offender employs intimidation only

Distinctions Between Effects of Employment ofVAIAP and those of use FUT:1. Whenever violence against or intimidation of

any person is used, the taking is always

robbery; If there is no violence or intimidation,but only FUT, taking is robbery if force is usedto either enter building or to break doors, etc.

2. In RVAIP, value of personal property isimmaterial; penalty depends on:a. result of violence used

b. existence of intimidation only3. In RFUT, the penalty is based on:

a. Value of property takenb. On whether or not the offenders carry

arms4. In RFUT in an uninhabited building, the

penalty is based on the value of the propertytaken

Requisites of Robbery under Second Case of 4:1. Ph sical in uries defined in 3 and 4 of Art.

263 was inflicted in the course of the robbery2. Inflicted upon any non-robberRVAIP under Paragraph 5 of Art. 294: calledSimple Robbery, because the violence does notresult in a special complex crime

Threats to Extort Money Distinguished fromRVAIP:1. Both, there is intimidation by offender2. Both, purpose is identical: to obtain gain3. In robbery, intimidation is actual and

immediate; In threats, intimidation isconditional or future

4. In robbery, intimidation is personal; In threats,it may be done thru an intermediary

5. In robbery, intimidation is directed only tovictim; In threats, intimidation may refer toperson, honor or property of offended party orthat of his family

6. In robbery, gain of culprit is immediate; inthreats, gain is not immediate

RVAIP Distinguished from Grave Coercion:1. Both, there is violence used by offender2. In robber, there is intent to gain; in grave

coercion, there is not such element

Robbery and Bribery Distinguished:1. Robbery if victim did not commit a crime and

is intimidated with arrest and/or prosecutionto deprive him of his personal property;Bribery when victim has committed a crimeand give money or gift to avoid arrest orprosecution

2. In robbery, victim is deprived ofmoney/property by force or intimidation; in

bribery, he parts with money/property in asense voluntarily

295Robbery

withPhysical

Injuries,committedUninhabitedPlace and by

a band, oruse of

Firearm

Qualifying Circumstances in RVAIP:1. in an uninhabited place, or2. by a band, or3. by attacking a moving train, street car, motor

vehicle or airship, or4. by entering passengers compartments in atrain, or in any manner taking the passengersthereof by surprise in the respectiveconveyances

5. on a street, road, highway, or alley, and theintimidation is made with the use of firearms

296Definitionof a Band

and PenaltyIncurred

Outline:1. Band at least 4 armed malefactors take part

in robbery2. Any arms is unlicensed penalty upon ALL

the malefactors shall be maximum period ofcorresponding penalty provided by law

3. Any member present at the robbery by theband, shall be punished as principal of any ofthe assaults committed by the band, unless it beshown that he attempted to prevent the same

Requisites for Liability:1. Member of the band2. Present at commission of a robbery by that

band3. Other members of the band committed an

assault4. He did not attempt to prevent the assault

297 Attempted and Frustrated Robbery CommittedUnder Certain Circumstances: If a homicide iscommitted, punishable by RT max to RP, unlesshomicide committed deserved a higher penalty

298Execution ofDeeds thruViolence/

Intimidation

1. That the offender has intent to defraudanother

2. That the offender compels him to sign,execute, or deliver any public instrument ordocument


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3. Compulsion is by means of violence orintimidation

299Robbery inInhabitedHouse or

Public

Building orEdificeDevoted to

Worship

RFUT Subdivision (a):1. Offender entered (a) inhabited house, (b)

public building, (c) edifice devoted toreligious worship

2. Entrance was effected by any of the ff means:a. Opening not intended forentrance/egress, or

b. Breaking any wall, roof, or floor orbreaking any door or window, or

c. Using false keys, picklocks, similar tools,or

d. Using fictitious name or pretending theexercise of public authority

3. Once inside building, the offender tookpersonal property belonging to another withintent to gain

RFUT Subdivision (b):1. Offender is inside dwelling house, public

building, or edifice devoted to religiousworship, regardless of the circumstancesunder which he entered it;

2.

Offender takes personal property belonging toanother, with intent to gain, under any of thefollowing circumstances:a. Breaking doors, wardrobes, chests, or

other locked or sealed furniture orreceptacle

b. Taking such furniture or objects away tobe broken or forced open outside theplace of the robbery

300Robbery in

UninhabitedPlace and by

a Band

Distinction between 2 Classes of Robbery as totheir Being Qualified:1. RFUT to be qualified, must be committed in

an uninhabited place AND by a band2. RVAIP to be qualified, must be committed in

an uninhabited place OR by a band301

DefinitionsInhabited House any shelter, ship or vesselconstituting the dwelling or one or more personseven though the inhabitants thereof are temporarilyabsent there from when the robbery is committedDependencies are all interior courts, corrals,warehouses, granaries or enclosed placescontiguous to the building or edifice, having aninterior entrance connected therewith, and whichform part of the wholeNot Included as Dependencies orchards or otherlands used for cultivation or production are notincluded in the terms of the next precedingparagraph, even if closed, contiguous to the

building, and having direct connection therewithPublic Building every building owned by thegovernment or belonging to a private person butused or rented by the government, althoughtemporarily unoccupied by the same

302Robbery in

anUninhabitedPlace or in a

PrivateBuilding

1. Offender entered an uninhabited house orbuilding which was not dwelling house,

public building, nor edifice devoted toreligious worship

2. Any of the following circumstances waspresent:a. Entrance was effected thru an opening

not intended for entrance or egressb. Wall, roof, outside door/window was

brokenc. Entrance was effected thru the use of

false keys, picklocks, or other similartools

d. A door, wardrobe, chest or any sealed orclosed furniture or receptacle was broken

e. A closed or sealed receptacle wasremoved, even if the same be brokenopen elsewhere

3. That with intent to gain, the offender tookthere from personal property belonging toanother

303 Robbery of Cereals, Fruits or FirewoodCases enumerated in Article 299 to 302

304Possession

of Picklocksor Similar

Tools

1. That the offender has in his possessionpicklocks or similar tools

2. That such picklocks or similar tools arespecially adopted to the commission ofrobbery

3. No lawful cause for such possession305

False Keys1. Tools mentioned in the next preceding article2. Genuine keys stolen from the owner3. Any keys other than those intended by the

owner for use in the lock forcibly opened bythe offender

306Who are

Brigands Penalty

Brigandage crime committed by 4 or more armedpersons who form a band of robbers for thepurpose of committing robbery in highway orkidnapping persons for extortion or to obtainransom, or for any other purpose to be attained bymeans of force and violence

Elements:1. There be at least 4 armed persons2. They formed a band of robbers3. The purpose is any of the following:

a. To commit robbery in the highwayb. To kidnap persons for extortion or

ransomc. To attain by means of force and violence

any other purpose

Brigandage and Robbery in a BandDistinguished:1. Both require offenders to form a band2. Brigandage purpose is any of the 3 in Article

306; Robbery in a Band purpose is only tocommit robbery, not necessarily on thehighway

3. Brigandage mere formation of a band forany of the purposes mentioned is sufficient;

Robber in a Band necessary to prove bandactually committed robbery, as a mereconspiracy is not punishable

307Aiding andAbetting A

Band ofBrigands

1. Band of brigands2. Offender knows the band to be of brigands3. That the offender does any of the following

acts:a. In any manner aids, abets or protects

such band of brigands; orb. Gives information of the movements of

police or other peace officers of thegovernment

c. Acquires/receives property taken bybrigands

308Who are

Liable forTheft

Theft committed by any person who, with intentto gain but without violence against or intimidationof persons nor force upon things, shall takepersonal property of another without the lattersconsent1. Having found lost property, shall fail to

deliver the same to the local authorities or toits owner;

2. After having maliciously damaged theproperty of another, shall remove or make useof the fruits or object of the damage caused byhim; and

3. Enter an enclosed estate or a filed wheretrespass is forbidden or which belongs toanother and without the consent of its owner,shall hunt or fish upon the same or shallgather fruits, cereals, or other forest or farmproducts

Elements:


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1. Taking of personal property2. Property belongs to another3. Taking be done with intent to gain (animus

lucrandi)4. Taking be done without the consent of the

owner5. Taking accomplished without violence against

or intimidation of persons or force uponthings

Stages of the Crime:1. Theft is consummated

a. when offender is able to place thingtaken under his control and in such asituation where he could dispose it atonce; or

b. when offender had full possession ofthing, even if he did not haveopportunity to dispose the same

2. Conflicting Rulingsa. People vs. Dino frustrated theft when

truck loaded with stolen boxes of rifleswas discovered at checkpoint

b. People vs. Espiritu consummated theftwhen hospital linen was found atcheckpoint

3. Explanation:a. Dino Case frustrated becausedeterminative fact to determineconsummation is ability to dispose freely,even if it were more or less momentarily;should only be applied to theft of bulkygoods

b. Espiritu Case consummated becausethey were able to take or get hold of linen

310Qualified

Theft

Theft is Qualified if:1. Theft is committed by domestic servant2. Theft is committed with grave abuse of

confidence3. Property stolen is a (a) motor vehicle, (b) mail

matter, or (c) large cattle (*note CattleRustling)

4. Property stolen consists of coconuts takenfrom the premises of a plantation5. Property stolen is fish taken fromfishpond/fishery

6. Property taken is on occasion of fire,earthquake, typhoon, volcanic eruption, orany other calamity, vehicular accident or civildisturbance

PD 1612Anti-

Fencing Law

1. Crime of robbery or theft has been committed2. Accused, who is not a principal or accomplice

in the commission of the crime of robbery ortheft, buys, receives, possesses, keeps,acquires, conceals, sells or disposes, or buysand sells, or in any manner deals in anyarticle, item, object or anything of value,which has been derived from the proceeds ofthe said crime

3. Accused knows or should have known thatthe said article, item, object or anything ofvalue has been derived from the proceeds ofthe crime of robbery or theft

4. There is, on the part of the accused, intent togain fro himself or for another

311 Theft of Property of National Library andNational Museum

312Occupation

of RealProperty orUsurpation

of RealRights inProperty

Acts Punishable:1. By taking possession of any real property

belonging to another by means of violenceagainst or intimidation of persons

2. By usurping any real rights in propertybelonging to another by means of violenceagainst or intimidation of persons

Elements:1. That the offender takes possession of any real

property or usurps any real rights in property2. That the real property or real rights belong to

another3. That violence against or intimidation of

persons is used by the offender in occupyingreal property or usurping real rights inproperty

4. That there is intent to gain313 Altering Boundaries or Landmarks314

FraudulentInsolvency

1. That the offender is a debtor, that is, he hasobligations due and payable

2. That he absconds with his property3. That there be prejudice to his creditorsDistinguished from Insolvency Law:

a. Insolvency Law requires applicationthat the criminal act should have beencommitted after institution of criminalproceedings

b. Article 314 there is no suchrequirement, and it is not necessary thatdefendant should have been adjudged

bankrupt or insolvent315

Swindling(Estafa)

Elements of Estafa in General:1. Accused defrauded another (a) by abuse of

confidence or (b) by means of deceit; and

2. Damage/prejudice capable of pecuniaryestimation is caused to the offended party or3rd person

Ways of Committing Estafa:1. With unfaithfulness or abuse of confidence2. By means of deceit:

a. By means of false pretenses or fraudulentacts

b. Thru fraudulent meansUnfaithfulness or Abuse of Confidence:1. First Form

a. Offender has an onerous obligation todeliver something of value

b. He alters its substance, quantity orquality

c. Damage or prejudice is caused to another2. Second Form

a. Money, goods, or other personalproperty be received by offender in trust,or on commission, or for administration,or under any other obligation involvingthe duty to make delivery of, or to return,the same

b. Misappropriation/conversion of suchmoney or property by offender, or denialon his part of such receipt

c. That such misappropriation orconversion or denial is to the prejudice ofanother

d. That there is demand made by theoffended party to the offender

3. Undue advantage of Signature in Blanka. Paper with the signature of the offended

party be in blankb. Offended party should have delivered it

to the offenderc. Above the signature of offended party a

document is written by the offenderwithout authority to do so

d. Document so written creates a liability of,or causes damage to offended or any 3rdperson

False Pretense or Fraudulent Actsa. False pretense, fraudulent act or

fraudulent meansb. False pretense, fraudulent act or


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fraudulent means must be made orexecuted prior to or simultaneously withcommission of the fraud

c. Offended party must have relied on thefalse pretense, fraudulent act, orfraudulent means, (induced to part withhis money or property)

d. Damage- executed prior to or simultaneously with the

commission of the fraud:1. By using fictitious name, or falsely pretending

to possess power, influence, qualifications,property, credit, agency, business orimaginary transactions, or by means of othersimilar deceits.

2. By altering the quality, fineness or weight ofanything pertaining to his art or business.

3. By pretending to have bribed any Governmentemployee, without prejudice to the action forcalumny which the offended party may deemproper to bring against the offender. In thiscase, the offender shall be punished by themaximum period of the penalty.

4. By post-dating a check, or issuing a check inpayment of an obligation when the offender

therein were not sufficient to cover theamount of the check. The failure of the drawerof the check to deposit the amount necessaryto cover his check within three (3) days fromreceipt of notice from the bank and/or thepayee or holder that said check has beendishonored for lack of insufficiency of fundsshall be prima facie evidence of deceitconstituting false pretense or fraudulent act.a. The offender postdated a check, or issued

a check in payment of an obligationb. Such postdating or issuing a check was

done when the offender had no funds inthe bank, or his funds deposited thereinwere not sufficient to cover the amountof the check

5. Fifth Paragrapha.

Obtaining any food, refreshment oraccommodation at a hotel, inn,restaurant, boarding house, lodginghouse or apartment house withoutpaying therefore, with intent to defraudthe proprietor or manager thereof

b. Obtaining credit any of saidestablishments by the use of falsepretenses; or

c. Abandoning or surreptitiously removingany part of his baggage from any of saidestablishments after obtaining credit,food, refreshment or accommodationtherein, without paying therefore

Through any of the following fraudulent means:1. Inducing the Signing of any Document.

a. Induced offender party to sign adocument

b. Deceit be employed to make him signc. Offended party personally signed

documentd. Prejudice was caused

2. By resorting to some fraudulent practice toinsure success in a gambling game.

3. Concealment of Recordsa. A court record, office files, documents or

any other papersb. Offender removed, concealed or

destroyed any of themc. Offender had intent to defraud another

316Other Forms

of

Other Forms of Swindling:1. Any person who, pretending to be owner of

any real property, shall convey, sell, encumber

Swindling or mortgage the same.a. Thing be immovable

b. Offender who is not owner of saidproperty should represent that he is theowner thereof

c. Offender should have executed an act ofownership (selling, leasing, encumberingor mortgaging the real property)

d. To the prejudice of the owner or a 3rdperson

2. Any person, who, knowing that real propertyis encumbered, shall dispose of the same,although such encumbrance be not recorded.a. Thing disposed of be real property

b. Offender knew that real property wasencumbered, whether recorded or not

c. Express representation by the offenderthat the real party is free fromencumbrance

d. Damage3. Owner of any personal property who shall

wrongfully take it from its lawful possessor, tothe prejudice of the latter or any third person.a. Offender is the owner of personal

propertyb. Property is in lawful possession of

anotherc. Offender wrongfully takes it from its

lawful possessord. Prejudice is caused to possessor or 3 rd

person4. Any person who, to the prejudice of another,

shall execute any fictitious contract.5. Any person who shall accept any

compensation given him under the belief thatit was in payment of services rendered orlabor performed by him, when in fact he didnot actually perform such services or labor.

6. Suretya. Offender is a surety in bond given in a

criminal or civil actionb. Guaranteed the fulfillment of such

obligation with his real property or

propertiesc. He sells, mortgages, or, in any othermanner encumbers said real property

d. Such sale, mortgage, or encumbrance is(a) without express authority from thecourt, or (b) made before the cancellationof his bond, or (c) before being relievedfrom the obligation contracted by him

317Swindling a

Minor

1. Offender takes advantage of the inexperienceor emotions or feelings of a minor

2. Induces such minor (a) to assume anobligation, or (b) to give release, or (c) toexecute a transfer of any property right

3. Consideration is (a) some loan of money, (b)credit or (c) other personal property

4. Transaction is to the detriment of such minor318

OtherDeceits

Other Deceits:1. Defrauding or damaging another by any other

deceit not mentioned in the preceding articles2. Interpreting dreams, by making forecasts, by

telling fortunes, or by taking advantage of thecredulity of the public in any other similarmanner, for profit or gain

319Removal,

Sale orPledge of

MortgagedProperty

Acts Punishable:1. By knowingly removing any personal

property mortgaged under the ChattelMortgage Law to any province or city otherthan the one in which it was located at thetime of execution of the mortgage, without thewritten consent of the mortgagee or hisexecutors, administrators or assigns

2. By selling or pledging personal propertyalready pledged, or nay part thereof, underthe terms of the Chattel Mortgage Law,


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without the consent of the mortgagee writtenon the back of the mortgage and noted on therecord thereof in the office of the register ofdeeds of the province where such property islocated

320-326B Repealed by PD 1613 Amending the Law on Arson327

Who AreLiable forMaliciousMischief

1. Offender deliberately caused damage to theproperty of another

2. Such act does not constitute arson or othercrimes involving destruction

3. The act of damaging anothers property becommitted merely for the sake of damaging it.(presupposes that the offender acted due tohate, revenge or other motive)

328SpecialCases of

MaliciousMischief

(QualifiedMaliciousMischief)

Special Cases of Malicious Mischief:1. Causing damage to obstruct the performance

of public functions2. Using any poisonous or corrosive substance3. Spreading any infection or contagion among

cattle4. Causing damage to the property of the

National Museum or National Library, or toany archive or registry, waterworks, road,promenade, or any other thing used incommon by the public

329 Other Mischiefs

Penalties range according to value of damage330

Damage andObstructionto Means ofCommunica

tion

Electric wires, traction cables, signal system, andother things pertaining to railways, shall bedeemed to constitute an integral part of a railwaysystem

331Destroying/Damaging

Statues,Public

Monuments,or Paintings

1. Destroy or damage statues or any other usefulor ornamental public monuments

2. Destroy or damage any useful or ornamentalpainting of a public nature

332PersonsExempt

fromCriminalLiability

Exemptions:1. Spouses, ascendants and descendants, or

relatives by affinity in the same line

2. Widowed spouse with respect to propertywhich belonged to the deceased spouse beforethe same shall have passed into the possessionof anothera. Property belongs to deceased spouse

b. Not passed into the possession of a 3rdperson

3. Brothers and sisters and brothers-in-law andsisters-in-law, if living together

Exception: not applicable to strangers participating inthe commission of the crime


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TITLE XI: CRIMES AGAINST CHASTITY

1. Adultery2. Concubinage3. Acts of Lasciviousness4. Qualified Seduction5. Simple Seduction6. Acts of Lasciviousness with Consent7. Corruption of Minors8. White Slave Trade9. Forcible Abduction10. Consented Abduction

Crime Elements

333Who areGuilty ofAdultery

1. Woman is married2. Sexual intercourse with a man not her

husband3. That as regards the man with whom she has

sexual intercourse, he must know her to bemarried

334Concubi-

nage

Ways of Committing Crime:1. By keeping a mistress in the conjugal

dwelling; or2. By having sexual intercourse, under

scandalous circumstances, with a woman nothis wife; or

3. By cohabiting with her in any other placeElements:1. That the man must be married2. That he committed any of the said acts3. That as regards the woman, she must know

him to be married336

Acts ofLasciviousn

ess

Elements:1. Any act of lasciviousness or lewdness2. Against a person of either sex3. Done under any of the following

circumstances:a. By using force or intimidation

b. When offended party is deprived ofreason or otherwise unconsciousc. By means of fraudulent machination or

grave abuse of authorityd. When offended party is under 12 years of

age or is demented337

QualifiedSeduction

Two Classes:1. Seduction of a virgin over 12 and under 18

years of age by certain persons, such as, aperson in authority, priest, teacher, etc.a. Offended party is a virgin, which is

presumed if she is unmarried and ofgood reputation

b. Over 12 and under 18 years of agec. Offender has sexual intercourse with herd. Abuse of authority, confidence or

relationship on the part of the offender

2.

Seduction of a sister by her brother, ordescendant by ascendant, regardless of herage or reputation

Offenders in qualified seduction:a. Those who abused their authority:

person in public authority, guardian,teacher, person who, in any capacity, isentrusted with the education or custodyof the woman seduced

b. Those who abused confidence reposed inthem: priest, house servant, domestic

c. Those who abused their relationship:brother who seduced his sister,ascendant who seduced his descendant

338Simple

Seduction

1. Offended party is over 12 and under 18 yearsof age

2. Of good reputation, single or widow3. Offender has sexual intercourse with her4. Committed by means of deceit

339Acts of

Lasciviousness with

Consent ofOffended

Party

1. Offender commits acts of lasciviousness2. Committed upon a woman who is a virgin or

single or widow of good reputation, under 18years of age but over 12 years, or a sister ordescendant regardless of her reputation or age

3. Offender accomplishes the acts by abuse ofauthority, confidence, relationship, or deceit

340Corruptionof Minors

1. Offender is person under age2. Person promotes or facilitates prostitution or

corruption of person under age3. Purpose is to satisfy lust of another

341White Slave

Trade

Acts Penalized:1. Engaging in business of prostitution2. Profiting by prostitution3. Enlisting services of women for prostitution

342Forcible

Abduction

1. Person abducted is any woman, regardless ofher age, civil status, or reputation

2. Abduction is against her will3. Abduction is with lewd designs

343Consented

Abduction

1. Offender must be a virgin2. Over 12 and under 18 years of age3. Taking away must be with her consent after

solicitation or cajolery from the offender4. Taking away must be with lewd designs

344Prosecutionof Crimes of

Adultery,Concu-binage,

Abduction,Rape, and

Acts ofLascivious-

ness

1. Adultery and concubinage must beprosecuted upon complaint signed by theoffended party

2. Seduction, abduction or acts of lasciviousnessmust be prosecuted upon complaint signed

by:a. Offended party,

b. Her parents,c. Grandparents, ord. Guardians

Pardon1. Adultery or Concubinage bars prosecution

of crime

- effective if made:a. Before institution of the criminal action,and

b. Both offenders must be pardoned by bothparties

2. Acts of Lasciviousness, Seduction andAbduction bars prosecution of crimea. must be EXPRESS

b. Before the institution of criminal action345

CivilLiability of

PersonsGuilty ofCrimesAgainstChastity

Seduction or Abduction:1. To indemnify the offended woman2. To acknowledge offspring, unless the law

should prevent him form doing so3. In every case, to support the offspringAdultery or Concubinage

- Indemnify damages caused to offendedspouse346

Liability ofAscendants,Guardians,Teachers or

OtherPersons

Entrustedwith

Custody

Persons Liable- cooperate as accomplices but are

punished as principals:1. Ascendants2. Guardian3. Curators4. Teachers, and5. Any other person, who cooperates as

accomplice with abuse of authority orconfidential relationship


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TITLE XII: CRIMES AGAINST THE CIVIL STATUS OFPERSONS

Crime Elements

347Simulation

of Births

Acts Punished:1. Simulation of births2. Substitution of one child for another3. Concealing or abandoning any legitimate child

with intent to cause such child to lose its civilstatusa. Child must be legitimate (and a fully

developed and living being)b. Offender conceals or abandons such childc. Offender has the intent to cause such child

to lose its civil status348

Usurpationof CivilStatus

Usurpation of Civil Status: when a personrepresents himself to be another and assumesfiliation or parental or conjugal rights of suchanother person

Qualifying Circumstance: purpose of defraudingoffended party or heirs

349Bigamy

1. That the offender has been legally married2. That the marriage has not been legally

dissolved or, in case his or her spouse is absent,the absent spouse could not yet be presumeddead according to the CC

3. That he contracts a second or subsequentmarriage

4. That the second or subsequent marriage has allthe essential requisites for validity

Differentiate Concubinage from Bigamy:

1. Bigamy is an offense against the civil statuswhich may be prosecuted at the instance of theState; Concubinage is a crime against chastityand may be prosecuted only at the instance ofthe offended party

2. Bigamy is characterized by the celebration ofthe 2nd marriage with the first still existing;Concubinage is characterized by merecohabitation of the husband with a woman

350Marriage

ContractedAgainst

Provision ofLaw

1. That the offender contracted marriage2. That he knew at the time that:

a. requirements of law not complied with; orb. the marriage was in disregard of a legal

impediment

351

PrematureMarriages

Persons Liable:

1. A widow who married within 301 days fromthe date of the death of her husband, or beforehaving delivered if she is pregnant at the timeof his death

2. A woman, who, her marriage having beenannulled or dissolved, married before herdelivery or before the expiration of the periodof 301 days after the date of legal separation

352Performance

of IllegalMarriage

Ceremony

Persons Liable: Priests or ministers of any religiousdenomination or sect, or civil authorities


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TITLE XIII: CRIMES AGAINST HONOR

Crime Elements

353-355Libel byMeans of

Writing or

SimilarMeans

1. Imputation of crime, vice or defect, real orimaginary, or any act, omission, condition,status, or circumstance

2. Imputation must be made publicly3.

Malicious4. Natural or juridical person, or one who is dead

5. Imputation must tend to cause the dishonor,discredit or contempt of the person defamed.

Defamatory Imputation:- imputation may cover:

1. Crime allegedly committed by the offendedparty

2. Vice or defect, real or imaginary, of offendedparty

3. Any act, omission, condition, status of, orcircumstances relating to the offended party

Libel public and malicious imputation of a crime,or of a vice or defect, real or imaginary, or any act,omission, condition, status, or circumstance tendingto cause the dishonor, discredit, or contempt of anatural or juridical person, or to blacken the memoryof one who is dead

Imputation sufficient if it causes:1. Dishonor (disgrace/shame/ignominy);2. Discredit (loss of credit/reputation, disesteem);

or3. Contempt (state of being despised) of natural or

juridical person; or4. Blacken memory of one who is dead

354Requiremen

t forPublicity

Malice is Not Presumed in the Following:1. Private communication made by person to

another in performance of any legal, moral orsocial dutya. Person who made communication had a

legal, moral or social duty to makecommunication, or, at least, he had an

interest to be upheldb. The communication is addressed to an

officer or a board, or superior, havingsome interest or duty in the matter

c. The statements in the communication aremade in good faith without malice (in fact)

2. Fair and True Reporta. That it is a fair and true report, made in

good faith, without any comments orremarks, of any judicial, legislative, or otherofficial proceedings which are not ofconfidential nature, or of any statement,report, or speech delivered in saidproceedings, or of any other act performed

by public officers in the exercise of theirfunctions

b.

That it is made in good faithc. That it is without comments or remarks355

Libel ByMeans of

Writings orSimilarMeans

Libel May be Committed: writing, printing,lithography, engraving, radio, phonograph, painting,theatrical exhibition, cinematographic exhibition, orany similar means

356Threateningto Publish

and Offer toPrevent

SuchPublication

Acts Punished:1. By threatening another to publish a libel

concerning him, or his parents, spouse, child, orother members of his family

2. By offering to prevent the publication of suchlibel for compensation, or money consideration

357 1. That the offender is a reporter, editor or

ProhibitingPublication

of ActsReferred to

in theCourse ofOfficial

Proceedings

manager of a newspaper daily or magazine2. That he publishes facts connected with the

private life of another3. That such facts are offensive to the honor

virtue, and reputation of said person

358Slander

Slander oral defamation

Two Kinds:1. Simple Slander2. Grave Slander

359Slander by

Deed

1. That the offender performs any act not includedin any other crime against honor

2. That such act is performed in the presence oother person or persons

3. That such act casts dishonor, discredit orcontempt upon the offended party

Slander by Deed crime against honor which iscommitted by performing any act which castdishonor, discredit, or contempt upon anotheperson

Kinds of Slander

1. Simple Slander by Deed2. Grave Slander by Deed360

PersonsResponsible

1. Person who publishes, exhibits or causes thepublication or exhibition of any defamation inwriting or similar means

2. The author or editor of a book or pamphlet3. The editor or business manager of a daily

newspaper magazine or serial publication4. The owner of the printing plant which

publishes a libelous article with his consent andall other person who in any way participate inor have connection with its publication

Venue when one is a public officer1. With office in Manila CFI of Manila or city; o

province where the libelous article is printedand first published

2. Does not hold office in Manila CFI of provinceor city where he held office at time ocommission of offense; or where printed andfirst published

361Proof of

Truth

Proof of Truth is Admissible in any of theFollowing:1. When the act or omission imputed constitutes a

CRIME regardless of whether the offendedparty is a private individual or a public officer

2. When the offended party is a governmenemployee, even if the act or omission imputeddoes not constitute a crime, provided, it isrelated to the discharge of his official duties.

Requisites of Defense of Defamation:1. If it appears that the matter charged as libelous

is true proof of truth in defamation is limitedto:a. Act or omission constituting a crime

b. Act or omission of a public officer whichalthough not constituting a crime, irelated to the discharge of his duties

2. It was published with good motives courshall determine this by taking intoconsideration intention and other circumstanceof each particular case

3. And for justifiable ends -362

LibelousRemarks

Libelous Remarks or comments connected with thematter privileged under the provisions of Article 354if made with malice, shall NOT exempt the authothereof nor the editor or managing editor of anewspaper from criminal liability.

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