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UP L AW 2012 B A R R E V I E W E R
UP L AW 2012 B A R R E V I E W E R

UP LAW

2012

BAR REVIEWER

CCCRRRIIIMMMIIINNNAAALLL

Criminal Law 1

Criminal Law 2

LAW

Dean Danilo L. Concepcion Dean, UP College of Law

Prof. Concepcion L. Jardeleza Associate Dean, UP College of Law

Prof. Ma. Gisella D. Reyes Secretary, UP College of Law

Prof. Florin T. Hilbay Faculty Adviser, UP Law Bar Operations Commission 2012

Ramon Carlo F. Marcaida Commissioner

Eleanor Balaquiao Mark Xavier Oyales Academics Committee Heads

Camille Umali Charmaine Sto. Domingo Criminal Law Subject Heads

Graciello Timothy Reyes Layout

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2 CRIMINAL LAW REVIEWER UP L AW 2012 B A R R E V I

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2 CRIMINAL LAW REVIEWER UP L AW 2012 B A R R E V I E

CRIMINAL LAW REVIEWER

UP LAW

2012

BAR REVIEWER

CCCRRRIIIMMMIIINNNAAALLL

BAR OPERATIONS COMMISSION 2012

EXECUTIVE COMMITTEE Ramon Carlo Marcaida |Commissioner Raymond Velasco Mara Kriska Chen |Deputy Commissioners Barbie Kaye Perez |Secretary Carmen Cecilia Veneracion |Treasurer Hazel Angeline Abenoja|Auditor

COMMITTEE HEADS Eleanor Balaquiao Mark Xavier Oyales | Acads Monique Morales Katleya Kate Belderol Kathleen Mae Tuason (D) Rachel Miranda (D) |Special Lectures Patricia Madarang Marinella Felizmenio |Secretariat Victoria Caranay |Publicity and Promotions Loraine Saguinsin Ma. Luz Baldueza |Marketing Benjamin Joseph Geronimo Jose Lacas |Logistics Angelo Bernard Ngo Annalee Toda|HR Anne Janelle Yu Alyssa Carmelli Castillo |Merchandise Graciello Timothy Reyes |Layout Charmaine Sto. Domingo Katrina Maniquis |Mock Bar Krizel Malabanan Karren de Chavez |Bar CandidatesWelfare Karina Kirstie Paola Ayco Ma. Ara Garcia |Events

OPERATIONS HEADS Charles Icasiano Katrina Rivera |Hotel Operations Marijo Alcala Marian Salanguit |Day-Operations Jauhari Azis |Night-Operations Vivienne Villanueva Charlaine Latorre |Food Kris Francisco Rimban Elvin Salindo |Transpo Paula Plaza |Linkages

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CRIMINAL LAW TEAM 2012 Faculty Editor | Prof. Jay Batongbacal Subject Heads | Camille Umali Charmaine Sto. Domingo

LAYOUT TEAM 2012 Layout Artists | Alyanna Apacible Noel Luciano RM Meneses Jenin Velasquez Mara Villegas Naomi Quimpo Leslie Octaviano Yas Refran Cris Bernardino Layout Head| Graciello Timothy Reyes

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2012 UP Law Bar Reviewer

CCCRRRIIIMMMIIINNNAAALLL

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Copyright and all other relevant rights over this material are owned jointly by the University of the Philippines College of Law and the Student Editorial Team.

The ownership of the work belongs to the University of the Philippines College of Law. No part of this book shall be reproduced or distributed without the consent of the University of the Philippines College of Law.

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CRIMINAL LAW REVIEWER 4 Criminal Law 1 CHAPTER I. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW 14

CRIMINAL LAW REVIEWER

4 Criminal Law 1

CHAPTER I. FUNDAMENTAL PRINCIPLES

OF CRIMINAL LAW

14

A. Definition of Criminal Law

14

1. Difference between Mala in Se and

14

B. Scope of Application and

Characteristics of the Philippine Criminal Law 16

16

17

19

3. Legality (nullum crimen nulla

20

4. Strict Construction of Penal Laws

Against State: The ―Doctrine of Pro

20

C. Constitutional limitations on the

power of Congress to enact penal laws in

20

20

the Bill of Rights

Mala Prohibita

0.

Generality

1. Territoriality

2. Prospectivity

poena sine lege)

Reo

1. Equal protection

2. Due process

3. Non-imposition of cruel and

20

unusual punishment or excessive fines

20

 

4. Bill of attainder

20

5. Ex post facto law

20

CHAPTER II. FELONIES

22

A.

Preliminary matters

22

 

1.

Differentiating Felonies, Offense,

Misdemeanor and Crime

22

1.

Felonies: How Committed

22

 

2.

How is Criminal Liability

Incurred?

22

3. Discussion of Article 5

23

4. Wrongful Act Different from that

Intended

23

5. Omission

25

B.

Classifications of Felonies

25

 

1. According to the Manner of Their

Commission

26

2.

According to the Stages of Their

Execution

26

3. According to Their Gravity

26

4. As to Count

27

5. As to Nature

27

C.

Elements of Criminal Liability

27

 

1. Elements of Felonies

27

Intentional Felonies

27

D.

Impossible Crimes

31

E. Stages of Execution

32

F. Conspiracy and Proposal

36

G. Multiple Offenders

39

1. Recidivism

40

2. Habituality (Reiteracion)

40

3. Quasi-Recidivism

40

4. Habitual Delinquency

40

H. Complex Crimes and Special

Complex Crimes

40

1. Complex Crimes

41

2. Special Complex/Composite

crimes

3. Continued and Continuing Crimes

42

(Delito Continuado)

42

CHAPTER

III.

CIRCUMSTANCES

WHICH

AFFECT CRIMINAL LIABILITY

44

A. Justifying Circumstances

44

1. Self Defense

44

2. Defense of Relatives

46

3. Defense of Strangers

46

4. Avoidance of a Greater Evil

46

5. Fulfillment of Duty or Lawful

Exercise of Right or office

6. Obedience to an order issued for

47

some lawful purpose

47

B. Exempting Circumstances

48

1.

Insanity and Imbecility

49

2.

Minority

49

3. Accident

50

4. Irresistible Force

50

5. Uncontrollable Fear

51

6. Insuperable or Lawful Causes

51

C. Mitigating Circumstances

51

1. Incomplete Justification and

Exemption

52

2. Under 18 Or Over 70 Years Of Age

53

3.

No Intention to Commit So Grave

A

Wrong (Praeter Intentionem)

53

4.

Sufficient Provocation or Threat

54

5. Immediate Vindication of A Grave

Offense

54

6.

Passion or obfuscation (Arrebato

y

Obsecacion)

55

7.

Voluntary Surrender

56

8.

Plea Of Guilt

57

9.

Plea to a Lesser Offense

57

10.

Physical Defects

57

11.

Illness

57

12. Circumstances Analogous Mitigating 58 D. Aggravating Circumstances 58 1. Generic 1. Taking Advantage of

12.

Circumstances

Analogous

Mitigating

58

D. Aggravating Circumstances

58

1. Generic

1. Taking Advantage of Public Office

59

59

2. In Contempt of or With Insult

to Public Authorities

59

CCCRRRIIIMMMIIINNNAAALLL

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77

77

3.

4. Acts Not Covered By Law And In

Case Of Excessive Punishment

77

2.

Pardon Other Absolutory Causes

CHAPTER IV.PERSONS

LIABLE/DEGREE OF PARTICIPATION

CRIMINALLY

78

A. PrincipalsError! Bookmark not

defined.

3.

With Insult or Lack of Regard

1. By Direct Participation

78

Due to Offended Party by Reason of

2. By Inducement

79

Rank, Age or Sex

60

3. By Indispensable Cooperation

79

4.

Abuse of Confidence and

B. Accomplices

79

Obvious Ungratefulness

61

C. Accessories

80

5.

Crime in Palace or in Presence

 

of the Chief Executive

62

CHAPTER V. PENALTIES

83

6.

Nighttime (Nocturnidad);

 

Uninhabited

Place (Despoblado);

A. General Principles

83

With a Band (Cuadrilla)

62

1. Purposes

84

7. On Occasion of a Calamity

63

2. Classification

84

8. Aid of Armed Men or Means to

3. Duration and Effect

84

Ensure Impunity (Auxilio de Gente

Armada)

63

B. Penalties which may be imposed . 84

9. Recidivism (Reincidencia)

64

1. Scale of Principal Penalties

84

10. Reiteracion/Habituality

65

2. Scale of Accessory Penalties

85

11. Prize, Reward or Promise. 66

12. lInundation, Fire, Poison

66

C. Specific Principal And Accessory

13. Evident Premeditation

Penalties

 

86

(Premeditacion Conocida)

66

1.

Afflictive penalties

86

14.

Craft (Astucia), Fraud

 

1.

Reclusion Perpetua

86

(Fraude) or Disguise (Disfraz)

67

2.

Reclusion Temporal

87

15.

Superior Strength or Means

 

3.

Prision mayor

87

to Weaken Defense

68

1.

Correctional penalties

87

16. Treachery (Alevosia)

69

1.

Prision Correccional

87

17. Ignominy

70

2.

Arresto Mayor

87

18. Unlawful Entry

71

3.

Light penalties

89

19. Breaking Wall, Floor, Roof 71

 

1.

Arresto Menor

89

20. With Aid of Persons Under

 

2.

Public Censure

89

15; By Motor Vehicle

71

4.

Penalties common to afflictive,

21.

Cruelty

71

correctional, and light penalties

89

 

1. Fine

89

E. Alternative Circumstances

75

2. Bond to Keep the Peace

89

1. Relationship

75

2. Intoxication

76

D.

Accessory penalties

90

3. Degree of Instruction/ Education

76

1. Perpetual or Temporary Absolute

Disqualification

90

2. Perpetual or Temporary

F. Absolutory Causes

76

Special Disqualification

91

1. Instigation

76

6 CRIMINAL LAW REVIEWER 3. Suspension from Public Office, 3. Article 116 - Misprision of

6

CRIMINAL LAW REVIEWER

3.

Suspension from Public Office,

3.

Article

116

-

Misprision

of

the Right to Vote and Be Voted for,

Treason

 

156

the Right to Practice a Profession or

4. Article 117 Espionage

157

Calling

91

4.

Civil Interdiction

91

B.

Crimes against the Law of Nations

5.

Indemnification or Confiscation

157

of Instruments or Proceeds of the

1. Article 118 - Inciting to War or

Offense

91

Giving Motives for Reprisals

157

6.

Payment of Costs

91

2.

Article 119 - Violation of

Perpetual or Temporary Special

Neutrality

157

Disqualification

92

E. Measures not considered penalty 92

F.

Application

93

1. Indeterminate Sentence Law

3. Article 120 - Correspondence

157

with Hostile Country

4. Article 121 - Flight to Enemy's

Country

157

5. Article 122 - Piracy in General

and Mutiny on the High Seas or in

(R.A. 4013, as amended)

94

Philippine Waters

157

2. The Three-fold rule

96

6.

Article 123 - Qualified Piracy.158

3. Subsidiary imprisonment

97

G. Special rules for certain situations

104

1. Complex Crimes

2. Crimes Different from That

Intended

3. Where the Offender Is Below 18

105

104

Title II. Crimes against Fundamental Laws

158

of the State

1. Article 124 - Arbitrary Detention

158

2. Article 125 - Delay in the Delivery

of Detained Persons to the Proper

Years

106

Judicial Authorities

159

 

3. Article 126 - Delaying Release 159

H. Execution and Service

107

4. Article 127 Expulsion

160

1. Probation Law (P.D. 968, as

amended)

108

CHAPTER VI. MODIFICATION AND

EXTINCTION OF CRIMINAL LIABILITY

113

A. Prescription of crimes (Art. 90) .113

B. Prescription of penalties (Art. 92)

114

5. Article 128 - Violation of Domicile

160

6. Article 129 - Search Warrants

Maliciously Obtained, and Abuse in the Service of Those Legally Obtained .160

7. Article 130 - Searching Domicile

without Witnesses

8. Article 131 - Prohibition,

161

C. Pardon by the offended party

115

Interruption and Dissolution of

D. Pardon by the Chief Executive

115

Peaceful Meetings

161

E. Amnesty

115

9.

Article 132 - Interruption of

Criminal Law 2

Title I. Crimes against National Security

Religious Worship

10. Article 133 - Offending the

Religious Feelings

162

161

Title III. Crimes against Public Order . 162

A. Chapter I – Rebellion, Coup d‘etat,

and the Law of Nations

155

Sedition and Disloyalty

162

 

1.

Article 134 - Rebellion

A.

Crimes against

Security

155

/Insurrection

162

1. Article 114

Treason

155

2. Article 134-A - Coup d‘ État

163

2. Article 115 - Conspiracy and

156

Proposal to Commit Treason

3. Article 135 - Penalty for

Rebellion, Insurrection or Coup d‘ État

163

4. Article 136 - Conspiracy and Proposal to Commit Coup d‘ État , 164 5.

4. Article 136 - Conspiracy and

Proposal to Commit Coup d‘ État,

164

5. Article 137 - Disloyalty of Public

164

Officers or Employees

Rebellion or Insurrection

6. Article 138 - Inciting to Rebellion

CCCRRRIIIMMMIIINNNAAALLL

LAW

E. Chapter V - Public Disorders

169

1. Article 153 - Tumults and Other

Disturbances of Public Order

169

2. Article 154 - Unlawful Use of

Means of Publication and Unlawful

or Insurrection

164

Utterances

169

7. Article 139 - Sedition

164

3.

Article 155 - Alarms and Scandals

8. Article 140 - Persons Liable for

Sedition

9. Article 141 - Conspiracy to

Commit Sedition

10. Article 142 Inciting to

Sedition

165

165

165

B. Chapter II - Crimes against Popular

166

1. Article 143 - Acts Tending to

Prevent the Meeting of the Congress of the Philippines and Similar Bodies

Representation

166

2. Article 144 - Disturbance of

Proceedings

3. Article 145 - Violation of

Parliamentary Immunity

166

166

C. Chapter III Illegal Assemblies and

Associations

166

169

4. Article 156 - Delivering Persons

from Jail

170

F. Chapter VI - Evasion of Service of

170

1. Article 157 - Evasion of Service of

Sentence

2. Article 158 - Evasion of Service of

Sentence on the Occasion of

Disorders, Conflagrations,

Earthquakes, or Other Calamities

3. Article 159 - Other Cases of

Evasion of Service of Sentence

170

Sentence

171

171

G. Chapter VII - Commission of Another

Crime during Service of Penalty Imposed

for Another Previous Offense

171

1. Article 160 - Quasi Recidivism 171

1.

Article 146 - Illegal Assemblies

H.

Title

IV.

Crimes

against

Public

166

Interest

 

171

2.

Article 147 - Illegal Associations

167

1. Acts of Counterfeitin

172

D. Chapter IV - Assault upon and

1. Article 161 - Counterfeiting the

Great Seal of the Government of the

Resistance and Disobedience to, Persons

Philippine Islands, Forging the

in Authority and Their Agents

167

Signature or Stamp of the Chief

1. Article 148 - Direct Assault

167

Executive

172

2. Article 152 - Persons in Authority

and Agents of Persons in Authority 168

168

4. Article 150 - Disobedience to

Summons Issued by Congress, Its Committees or Subcommittees, by the Constitutional Commissions, Its Committees, Subcommittees or

Divisions

168

3. Article 149 - Indirect Assault

5. Article 151 - Resistance and

Disobedience to a Person in Authority

or the Agents of Such Persons

168

2. Article 162 - Using Forged

Signature or Counterfeit Seal or

Stamp

172

3. Article 163 - Making and

Importing and Uttering False Coins

172

4. Article 164 - Mutilation of

Coins

5. Article 165 - Selling of False or

Mutilated Coin, Without Connivance

173

173

8 CRIMINAL LAW REVIEWER 6. Article 166 - Forging Treasury or Bank Notes or Other

8

CRIMINAL LAW REVIEWER

6. Article 166 - Forging Treasury

or Bank Notes or Other Documents

Payable to Bearer; Importing and

Uttering Such False or Forged Notes

and Documents

173

7. Article 167 - Counterfeiting,

7. Article 183 - False Testimony

in Other Cases and Perjury in

Solemn Affirmation

180

8. Article 184 - Offering False

Testimony in Evidence

9. Article 185 - Machinations in

181

Importing, and Uttering Instruments

Public Auctions

181

Not Payable to Bearer

174

10.

Article 186 Monopolies and

 

Combinations in Restraint of Trade

2. Acts of Forgery

174

181

1. Article 168 - Illegal Possession

and Use of False Treasury or Bank

Notes and Other Instruments of Credit

174

2. Article 169 - How Forgery is

11. Article 187 Importation and

Disposition of Falsely Marked

Articles or Merchandise Made of Gold, Silver, or other Precious

Metals or their Alloys

182

Committed

174

 

Title V. Crimes Relative to Opium and

3. Acts of Falsification

174

Other Prohibited Drugs

182

1. Article 170 - Falsification of

A. Acts Punished:

182

Legislative Documents

174

B. Penalties for Unlawful Acts:

182

2.

Article 171 - Falsification by

C. Definition of Important Terms

183

Public Officer, Employee or Notary

D. Other Important Points

183

or Ecclesiastical Minister

3. Article 172 - Falsification by

175

Private Individual and Use of

177

4. Article 173 - Falsification of

Wireless, Cable, Telegraph and

Falsified Documents

Telephone Messages, and Use of

Said Falsified Messages

5. Article 174 - False Medical

Certificates, False Certificates of

Merits or Service,

6. Article 175 - Using False

Certificates

178

178

178

7. Article 176 - Manufacturing and

Possession of Instruments or

Title VI. Crimes against Public Morals 184

CHAPTER I: Gambling and Betting

184

A. Chapter I - Gambling and Betting

184

1. Article 195 - What Acts Are

Punishable in Gambling

2. Article 196 - Importation, Sale

and Possession of Lottery Tickets or

Advertisements

185

3. Article 197 Betting in Sports

contents

185

4. Article 198 - Illegal Betting on

184

Implements

for Falsification

179

Horse Race

185

 

5.

Article 199 (as amended by PD

4. OTHER FALSITIES

179

449) 186

1. Article 177 - Usurpation of

179

Authority or Official Functions

B. Chapter II. Offenses against

2.

Article 178 - Using Fictitious

Decency and Good Customs

186

and Concealing True Name

179

186

3.

Article 179 - Illegal Use of

1. Article 200 - Grave Scandal

186

Uniforms and Insignia

4. Article 180 - False Testimony

Against a Defendant

5. Article 181 - False Testimony

Favorable to the Defendant

6. Article 182 - False Testimony

in Civil Cases

180

180

180

179

2. Article 201 - Immoral Doctrines,

Obscene Publications and Exhibitions

and Indecent Shows

186

3. Article 202 - Vagrancy and

Prostitution

187

Title VII. Crimes Committed by Public

A. Chapter I: Preliminary Provisions189 B. Chapter II: Malfeasance and 189 1. Article 204 -

A.

Chapter I: Preliminary Provisions189

B. Chapter II: Malfeasance and

189

1. Article 204 - Knowingly Rendering

Unjust Judgment

2. Article 205 - Judgment Rendered

Through Negligence

3. Article 206 - Unjust Interlocutory

Order

4. Article 207 - Malicious Delay in

190

190

189

189

Misfeasance in Office

the Administration of Justice

5. Article 208 - Prosecution of

Offenses; Negligence and Tolerance

190

6. Article 209 Betrayal of Trust by

CCCRRRIIIMMMIIINNNAAALLL

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4. Article 220 - Illegal Use of Public

Funds or Property

5. Article 221 - Failure to Make

195

Delivery of Public Funds or Property

196

6. Article 222 - Officers Included in

196

the Preceding Provisions

E. Chapter V: Infidelity of Public

196

1. Article 223 - Conniving With or

Consenting to Evasion

196

Officers

2. Article 224 - Evasion through

Negligence

196

3. Article 225 - Escape of Prisoner

under the Custody of a Person Not a

an Attorney or a Solicitor Revelation

Public Officer

196

of Secrets

190

4.

Article 226 - Removal,

7. Article

210

-

Direct Bribery

191

Concealment, or Destruction of

8. Article 211 - Indirect Bribery .191

Documents

197

9. Article 211-A - Qualified Bribery

192

10. Article 212 - Corruption of

Public Officials

192

C. Chapter III: Frauds and Illegal

192

1. Article 213 - Fraud against the

Public Treasury and Similar Offenses

Exactions and Transactions

192

193

3. Article 215 - Prohibited

Transactions

193

4. Article 216 - Possession of

Prohibited Interest by a Public Officer

2. Article 214 - Other Frauds

194

D. Chapter IV: Malversation of Public

194

1. Article 217 - Malversation of

Public Funds or Property -

194

2. Article 218 - Failure of

Accountable Officer to Render

Accounts

3. Article 219 - Failure of a

Responsible Public Officer to Render Accounts Before Leaving the Country

Presumption of Malversation

Funds or Property

195

195

5. Article 227 - Officer Breaking

Seal 197

6. Article 228 - Opening of Closed

197

Documents

7. Article 229 - Revelation of

197

Secrets by an Officer

8. Article 230 - Public Officers

Revealing Secrets of Private

Individuals

198

F. Chapter VI: Other Offenses or

198

1. Article 231 - Open Disobedience

Irregularities by Public Officers

198

2. Article 232 - Disobedience to the

Order of Superior Officer When Said

Order Was Suspended by Inferior

Officer

198

3. Article 233 - Refusal of Assistance

198

4. Article 234 - Refusal to Discharge

Elective Office

5. Article 235 - Maltreatment of

Prisoners

6. Article 236 - Anticipation of

Duties of a Public Officer

7. Article 237 - Prolonging

Performance of Duties and Powers.199

199

199

198

10 CRIMINAL LAW REVIEWER 8. Article 238 - Abandonment of B. Chapter II: Physical Injuries

10

CRIMINAL LAW REVIEWER

8.

Article 238 - Abandonment of

B.

Chapter II: Physical Injuries

207

Office or Position

199

1. Article 262 - Mutilation

207

9. Article 239 - Usurpation of

Legislative Powers

10. Article 240 - Usurpation of

200

11. Article 241 - Usurpation of

Judicial Functions

200

Executive Functions

199

12. Article 242 - Disobeying

200

13. Article 243 - Orders or Request

Request for Disqualification

by Executive Officer to Any Judicial

200

14. Article 244 - Unlawful

200

15. Article 245 - Abuses against

Appointments

Authority

2. Article 263 - Serious Physical

207

3. Article 264 - Administering

Injurious Substances or Beverages .207

Injuries

4. Article 265 - Less Serious Physical

Injuries

5. Article 266 - Slight Physical

Injuries and Maltreatment

208

208

6. Article 266-A - Rape (amended by

RA 8353)

208

Title IX. Crimes against Personal Liberty

212

and Security

 

Chastity

200

A. Chapter I: Crimes against Liberty

 

212

Title VIII. Crimes against Persons

201

1.

Article 267 - Kidnapping and

 

Serious Illegal Detention

212

A.

Chapter I:

Destruction of Life

201

2.

Article 268 - Slight Illegal

1. Article 246 - Parricide

201

Detention

 

214

2. Article 247 - Death or Physical

3. Article 269 -

Unlawful Arrest

214

Injuries Under Exceptional

4. Article 270 - Kidnapping and

Circumstances

202

Failure to Return a Minor

214

Article

3. 248

-

Murder

202

5.

Article 271 - Inducing a Minor to

4. 249 - Homicide

Article

203

Abandon His Home

215

5. Article 250 - Penalty for

6. Article 272 - Slavery

215

Frustrated Parricide, Murder or

Homicide

6. Article 251 - Death Caused in

Tumultuous Affray

7. Article 252 - Physical Injuries

Caused in Tumultuous Affray

8. Article 253 - Giving Assistance to

204

Suicide

204

204

204

9. Article 254 - Discharge of

7. Article 273 - Exploitation of Child

Labor

215

8. Article 274 - Services Rendered

Under Compulsion in Payment of Debt

215

B. Chapter II: Crimes against Security

216

1. Article 275 - Abandonment of

Firearms

204

Persons in Danger and Abandonment

10. Article 255 - Infanticide

205

of Own Victim

216

11. Article 256 - Intentional

Abortion

12. Article 257 - Unintentional

Abortion

13. Article 258 - Abortion

Practiced by the Woman Herself or by

Parents

14. Article 259 - Abortion by a

206

205

205

2. Article 276 - Abandoning a Minor

216

3. Article 277 - Abandonment of

Minor by Person Entrusted With

Custody; Indifference of Parents

216

4. Article 278 - Exploitation of

Minors

216

5. Article 280 - Qualified Trespass to

Physician or Midwife and Dispensing of

Dwelling

217

Abortives

206

6. Article 281 - Other Forms of

15.

Article 260 - Responsibility of

Trespass

218

Participants in a Duel

206

7. Article 282 - Grave Threats

218

16.

Article 261 - Challenging to a

8. Article 283 - Light Threats

218

Duel

206

9. Article 284 - Bond for Good

10. Article 285 – Other Light Threats 11. Article 286 - Grave Coercions 219 219

10. Article 285 Other Light

Threats

11. Article 286 - Grave Coercions

219

219

12. Article 287 - Light Coercions

219

13. Article 288 - Other Similar

Coercions

14. Article 289 - Formation,

220

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11. Article 304 - Possession of

Picklock or Similar Tools

12. Article 305 - Defines False Keys

226

226

B. Chapter 2: Brigandage (Articles 306-

307) 226

1. Article 306 - Who Are Brigands226

2. Article 307 - Aiding and Abetting

Maintenance, and Prohibition of Combination of Capital or Labor

a Band of Brigands

227

through Violence or Threats

220

C. Chapter 3: Theft

227

1. Article 308 - Who Are Liable for

C.

Chapter III: Discovery and

Theft

227

Revelation of Secrets

220

2. Article 309 - Penalties

228

 

1.

Article 290 - Discovering Secrets

3. Article 310 - Qualified Theft

228

through Seizure of Correspondence 220

2. Article 291 - Revealing Secrets

4. Article 311 - Theft of the

Property of the National Library and

 

with Abuse of Office

221

National Museum

230

3.

Article 292 - Revelation of

 

Industrial Secrets

221

D. Chapter 4: Usurpation

230

 

1.

Article 312 - Occupation of Real

Title X. Crimes against Property

222

Property or Usurpation of Real Rights

 

in Property

230

A.

Chapter I: Robbery in General

222

2.

Article 313 - Altering Boundaries

 

1.

Article 293 - Who Are Guilty of

or Landmarks

230

Robbery

222

2.

Article 294 - With Violence or

E. Chapter 5: Culpable Insolvency

230

Intimidation of Persons

3. Article 295 - Robbery with

Physical Injuries, in an Uninhabited

Place and by a Band

223

223

1. Article 314 - Fraudulent

Insolvency

230

F. Chapter 6: Swindling and Other

4.

Article 296 - Definition of a Band

Deceits

230

and Penalty Incurred by the Members

1. Article 315 - Estafa

230

Thereof

224

a. With Unfaithfulness or Abuse of

5. Article 297 - Attempted and

Frustrated Robbery with Homicide 224

6. Article 298 - Execution of Deeds

through Violence or Intimidation

224

7. Article 299 - Robbery in an

Inhabited House or Public Building or

Edifice Devoted to Worship

224

8. Article 300 Robbery in an

Uninhabited Place and by a Band

226

9. Article 302 - In an Uninhabited

Confidence (315 par. 1(a) (b) (c))

b. Estafa by Means of False Pretenses or Fraudulent Acts (315 par. 2(a) (b)

(c) (d) (e); BP22):

233

c. Through Other Fraudulent Means

(315 Par 3 (a) (b) (c))

235

2. Article 316 - Other Forms of

Swindling and Deceits

236

3. Article 317 - Swindling of a Minor

231

237

Place or Private Building

226

4. Article 318 - Other Deceits

237

10.

Article 303 - Robbery of

 

Cereals, Fruits or Firewood in an Inhabited Place or Private Building 226

G.

Chapter 7: Chattel Mortgage

237

CRIMINAL LAW REVIEWER 1. Article 319 - Removal, Sale, or 237 12 Pledge of Mortgaged

CRIMINAL LAW REVIEWER

1. Article 319 - Removal, Sale, or

237

12 Pledge of Mortgaged Property

H. Chapter 8: Arson and Other Crimes

14. Article 346 Liability of

ascendants, guardians, teachers and

other persons entrusted with the

custody of the offended party

249

Involving Destruction

238

 

Title XII. Crimes against the Civil Status

I. Chapter 9: Malicious Mischief

239

of Persons

250

1.

Article 327 - Who Are Responsible

1. Article 349 - Bigamy

251

239

2. Article 328 - Special Cases of

2. Article 350 - Marriage Contracted

against Provisions of Laws

251

Malicious Mischief

239

3.

Article 351 - Premature Marriage

3. Article 329 - Other Mischiefs

239

251

4. Article 330 - Damage and

4.

Article 352 - Performance of

Obstruction to Means of

Illegal Marriage Ceremony

251

Communication

239

5.

Article 331 Destroying or

Title XIII. Crimes against Honor

253

Damaging Statues, Public Monuments

 

or Paintings

239

A. Chapter I: Libel

253

J. Chapter 10: Exemption from

239

1. Article 332 - Exemption from

Criminal Liability

Criminal Liability in Crimes Against

1. Article 353 - Definition of Libel

253

2. Article 354 - Requirement for

254

3. Article 355 - Libel by Writing or

Publicity

Property

239

Similar Means

254

 

4.

Article 356 - Threatening to

Title XI. Crimes against Chastity -

1.

Article

333

Adultery

 

242

242

Publish and Offer to Prevent Such

254

Publication for a Compensation

2.

Article

334

-

Concubinage

242

5.

Article 357 - Prohibited

Article

3. 335 Rape

 

243

Publication of Acts Referred to in the

Article

4. 336

-

Acts

of

Course of Official Proceedings (Gag

Lasciviousness

 

243

Law)255

5. Article 337 - Qualified Seduction

244

6. Article 338 - Simple Seduction 245

- Lasciviousness with the Consent of the

Offended Party

7.

of

Article

339

Acts

245

8. Article 340 - Corruption of Minors

246

9. Article 341 - White Slave Trade

246

10. Article 342 - Forcible

246

11. Article 343 - Consented

Abduction

255

7. Article 359 - Slander by Deed .255

8. Article 360 - Persons Responsible

for Libel

9. Article 361 - Proof of Truth

256

255

6. Article 358 - Slander

10. Article 362 - Libelous Remarks

256

B. Chapter II: Incriminatory

256

1. Article 363 - Incriminating

innocent person

256

Machinations

2. Article 364 - Intriguing against

Abduction

247

Honor

 

256

12.

Article 344 - Prosecution of

 

Private Offenses

13.

Article 345: Civil Liability

248

249

Title XIV. Quasi-Offenses -

Article

1.

365

Imprudence

259

and

13
13

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Criminal Law 1

 

CRIMINAL LAW

Criminal Law 1 Criminal Law 2

I. Fundamental Principles of Criminal Law

II. Felonies

 

III. Circumstances

which

affect

 

criminal liability

IV. Persons criminally liable/Degree of participation

V. Penalties

VI. and

Modification

extinction

of

criminal

REVISED PENAL CODE/SPECIAL LAWS, PRESIDENTIAL DECREES, AND EXECUTIVE ORDERS

A. Book 1 (Articles 1-99, RPC, excluding provisions on civil liability), including related Special Laws

CHAPTER I. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW

A. DEFINITION OF CRIMINAL LAW

B. SCOPE OF APPLICATION AND CHARACTERISTICS

C. CONSTITUTIONAL LIMITATIONS

A. Definition of Criminal Law

Criminal law is that branch of public substantive law which defines crimes, treats of their nature, and provides for their punishment.

1. Difference between Mala in Se and Mala Prohibita (ASKED TWICE IN BAR EXAMS)

 

Mala in Se

Mala Prohibita

As to nature

Wrong from

Wrong because it is prohibited by law

its very

nature.

As to use of good faith as defense

GF a valid defense, unless the crime is the result of culpa

GF is not a defense.

As to WON criminal intent is an element

Criminal intent is an element.

Criminal intent

is immaterial,

BUT still

   

requires

intelligence &

voluntariness

As to degree of accomplishment

Degree of

0. The

accomplish

of crime

ment is taken into account for the punishment.

act

gives

rise

 

to

a

crime

only

when

consu

mmat

ed.

As to mitigating and aggravating circumstances

They are

They are not taken into account.

 

taken into

account in

 

imposing

 

penalty

As to degree of participation

When there is more than one offender, the degree of participation of each in the commission is taken into account.

Degree of participation is generally not taken into account. All who participated in the act are punished to the same extent.

As to stage of accomplishment

Penalty is computed on the basis of whether he is a principal offender or merely an accomplice or accessory

Penalty on offenders is same whether they acted as mere accomplices or accessories

As to what laws are violated

Generally,

Generally,

the RPC.

special laws.

Note:

Dolo is not required in crimes mala prohibita.

In those crimes which are mala prohibita, the act alone irrespective of its motives, constitutes the offense.

Good faith and absence of criminal intent are not valid defenses in crimes mala prohibita.

challenging the plunder law. One of the issues he raised is whether plunder is a malum prohibitum or malum in se.

Held: Plunder is a malum in se which requires proof of criminal intent.

Precisely because the crimes constituting plunder are mala in se the element of mens rea must be proven in a prosecution for plunder.

i. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita.

ii. Even if the crime is punished under a special law, if the act punished is one which is inherently wrong, the same is malum in se, and, therefore,

Estrada

v.

Sandiganbayan

(2001):

Estrada v. Sandiganbayan (2001): Estrada is

Estrada

is

good faith and the lack of criminal intent are valid defenses; unless it is the product of criminal negligence or culpa.

Likewise when the special laws require that the punished act be committed knowingly and willfully, criminal intent is required to be proved before criminal liability may arise.

Note: Where malice defense.

is

a factor,

good faith is

a

CRIMINAL LAW VS. CRIMINAL PROCEDURE

Criminal Law

 

Criminal Procedure

It is substantive.

 

It is remedial.

Prospective

 

in

 

application.

 

Exception:

If

it

is

Retroactive in

favorable

to

the

application.

accused.

Exception

To

The

Exception:

1. When the accused is a

habitual

delinquent.

(Art. 22)

2. Where

the

new

law

expressly

made

inapplicable

 

to

pending

actions

or

existing

causes

of

actions.

(Tavera

v.

Valdez)

Statutory; it is passed by the Legislature.

May be promulgated by the Legislature (e.g. jurisdiction of courts) or the Judiciary (e.g. Rules of Court)

STATE AUTHORITY TO PUNISH CRIME (ASKED ONCE IN BAR EXAMS)

Art. II, Sec. 5 (1987 Constitution) Declaration of Principles and State Policies. The maintenance of peace and order, the protection of life, liberty and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

SOURCES OF CRIMINAL LAW

a. The Revised Penal Code (Act No. 3815) - Created pursuant to Administrative Order No. 94; enacted January 1, 1932; based on the Spanish Penal Code, US Penal Code, and Phil. Supreme Court decisions.

b. Special penal laws and penal Presidential Decrees issued during Martial Law.

PENAL LEGISLATION

a.

Schools of Thought (ASKED ONCE IN BAR EXAMS) (PUCE)

CRIMINAL LAW REVIEWER

(1) Utilitarian Theory Primary purpose: Protection of society from actual or potential wrongdoers.

(2) Classical Theory Primary purpose: Retribution.

(2) C lassical Theory Primary purpose: Retribution. 15 Basis of criminal liability: Human free will. Endeavored

15

Basis of criminal liability: Human free will. Endeavored to establish a mechanical and direct proportion between crime and penalty; there is scant regard to human element.

(3) Positivist Theory Primary purpose: Reformation; prevention/ correction.

Basis of criminal liability: The sum of the social, natural and economic phenomena to which the actor is exposed.

(4) Eclectic/Mixed Combines both positivist and classical thinking.

Crimes that are economic and social by nature should be dealt with in a positivist manner; thus, the law is more compassionate.

Heinous crimes should be dealt with in a classical manner; thus, capital punishment.

Note: The Revised Penal Code today follows the mixed or eclectic philosophy. For example:

Intoxication of the offender is considered to mitigate his criminal liability, unless it is intentional or habitual;

Age of the offender is considered;

A woman who killed her child to conceal her

favor a mitigating

dishonor

has

in

her

circumstance.

RELATION OF RPC TO SPECIAL LAWS: SUPPLETORY APPLICATION OF RPC

Art. 10, RPC. Offenses not subject to the provisions of this Code. Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary.

General Rule: RPC provisions supplement the provisions of special laws.

Exceptions:

(1) Where the special law provides otherwise

(Art.10)

(2) When the provisions of the Code are impossible of application, either by express provision or by necessary implication, as in those instances where the provisions in question are peculiar to the Code. (Regalado, Criminal Law Prospectus)

Ladonga v People (2005): Spouses Ladonga were convicted by the RTC for
Ladonga v People (2005):
Spouses Ladonga were convicted by the RTC for
16 CRIMINAL LAW REVIEWER violation of B.P. Blg. 22 (3 counts). The husband applied for

16

CRIMINAL LAW REVIEWER

violation of B.P. Blg. 22 (3 counts). The husband applied for probation while the wife appealed

arguing that the RTC erred in finding her criminally liable for conspiring with her husband as the principle of conspiracy is inapplicable to B.P. Blg. 22 which is a special law.

Held:

1. B.P. Blg. 22 does not expressly prescribe the suppletory application of the provisions of the RPC.

2. Thus, in the absence of contrary provision in B.P. Blg. 22, the general provisions of the RPC which, by their nature, are necessarily applicable, may be applied suppletorily.

3. The court cited the case of Yu vs. People, where the provisions on subsidiary imprisonment under Art. 39 of the RPC to B.P. Blg. 22 was applied suppletorily.

People vs. Rodriguez (1960): It was held that a violation of a special law can
People vs. Rodriguez (1960):
It was held that a violation of a special law can
never absorb a crime punishable under the
Revised Penal Code, because violations of the
Revised Penal Code are more serious than a
violation of a special law.
But a crime in the Revised Penal Code can absorb
a crime punishable by a special law if it is a
necessary ingredient of the felony defined in the
Code.

People vs. Martinada:

The crime of cattle-rustling is not malum prohibitum but a modification of the crime of theft of large cattle.

So Presidential Decree No. 533, punishing cattle- rustling, is not a special law, but a law amending provisions of the RPC (Arts. 309 and 310).

It can absorb the crime of murder. If in the

course of cattle rustling, murder was committed, the offender cannot be prosecuted for murder.

Note: Murder would be a qualifying circumstance in the crime of qualified cattle rustling. 1

B. Scope of Application and Characteristics of the Philippine Criminal Law

1. GENERALITY (WHO?)

2. TERRITORIALITY (WHERE?)

3. PROSPECTIVITY (WHEN?)

Criminal law has three (3) characteristics: General, Territorial, and Prospective.

1 Sec. 8, P.D. No. 533

1. Generality

General Rule:

binding on all persons who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations.

Art.

14, NCC.

Art. 14, NCC . The penal law of the country is

The penal law

of the country is

Limitations:

Art. 2, RPC. ―Except as provided in the treaties or laws of preferential application xxx‖

a. Treaty Stipulations

Examples:

the

Philippines and the US on Mar. 14, 1947 and expired on Sept. 16, 1991.

Visiting Forces Agreement (VFA) 2 signed on Feb. 10, 1998.

Bases Agreement

entered

into

by

Article V Criminal Jurisdiction

1. Subject to the provisions of this article:

(a) Philippine authorities shall have jurisdiction

over United States personnel with respect to offenses committed within the Philippines and punishable under the law of the Philippines.

(b) United States military authorities shall have the

right to exercise within the Philippines all criminal and disciplinary jurisdiction conferred on them by the military law of the United States over United

States personnel in the Philippines.

2. (a) Philippine authorities exercise exclusive jurisdiction over United States personnel with respect to offenses, including offenses relating to the security of the Philippines, punishable under the laws of the Philippines, but not under the laws of the United States.

(b) United States authorities exercise exclusive

jurisdiction over United States personnel with respect to offenses, including offenses relating to the security of the United States, punishable under the laws of the United States, but not under the laws of the Philippines.

(c) For

paragraph 3 of this article, an offense relating to security means:

this paragraph and

the

purposes

of

(1) treason;

(2) sabotage, espionage or violation of any law

relating to national defense.

3. In cases where the right to exercise jurisdiction

is concurrent, the following rules shall apply:

2 Take note of Art. V, which defines criminal jurisdiction over United States military and civilian personnel temporarily in the Philippines in connection with activities approved by the Philippine Government.

(a) Philippine authorities shall have the primary

right to exercise jurisdiction over all offenses committed by United States personnel, except in cases provided for in paragraphs l (b), 2 (b), and 3

(b)

of this Article.

(b)

United States military authorities shall have the

primary right to exercise jurisdiction over United States personnel subject to the military law of the United States in relation to:

(1) offenses solely against the property or security

of the United States or offenses solely against the property or person of United States personnel; and

(2) offenses arising out of any act or omission done

in performance of official duty.

(c) The authorities of either government may

request the authorities of the other government to waive their primary right to exercise jurisdiction in a particular case.

(d) Recognizing the responsibility of the United

States military authorities to maintain good order and discipline among their forces, Philippine authorities will, upon request by the United States, waive their primary right to exercise jurisdiction

except in cases of particular importance to the Philippines. If the Government of the Philippines determines that the case is of particular importance, it shall communicate such determination to the United States authorities within twenty (20) days after the Philippine authorities receive the United States request.

(e) When the United States military commander

determines that an offense charged by authorities of the Philippines against United States personnel arises out of an act or omission done in the performance of official duty, the commander will issue a certificate setting forth such determination. This certificate will be transmitted to the appropriate authorities of the Philippines and will constitute sufficient proof of performance of official duty for the purposes of paragraph 3(b)(2) of this article. In those cases where the Government of the Philippines believes the circumstances of the case require a review of the duty certificate, United States military authorities and Philippine authorities shall consult immediately. Philippine authorities at the highest levels may also present any information bearing on its validity. United States military authorities shall take full account of the Philippine position. Where appropriate, United States military authorities will take disciplinary or other action against offenders in official duty cases, and notify the Government of the Philippines of the actions taken.

(f) If the government having the primary right does

not exercise jurisdiction, it shall notify the authorities of the other government as soon as

possible.

(g) The authorities of the Philippines and the

CRIMINAL LAW REVIEWER

United States shall notify each other of the disposition of all cases in which both the authorities of the Philippines and the United States have the right to exercise jurisdiction.

the United States have the right to exercise jurisdiction . 17 b. Laws of Preferential Application

17

b. Laws of Preferential Application

Examples:

Members of Congress are not liable for libel or slander for any speech in Congress or in any committee thereof. (Sec. 11, Art. VI, 1987 Constitution)

Any ambassador or public minister of any foreign State, authorized and received as such by the President, or any domestic or domestic servant of any such ambassador or minister are exempt from arrest and imprisonment and whose properties are exempt from distraint, seizure and attachment. 3 (R.A. No. 75)

Warship Rule A warship of another country, even though docked in the Philippines, is considered an extension of the territory of its respective country. This also applies to embassies.

c. Principles of Public International Law

Art.

14, NCC. ―xxx subject to the principles of

public international law and to treaty stipulations.‖

The following persons are exempt from the provisions of the RPC:

(1)

(2) Ambassadors, ministers, plenipotentiary, minister resident and charges d‘ affaires. (Article 31, Vienna Convention on Diplomatic Relations) Note: Consuls and consular officers are NOT exempt from local prosecution. (See Article 41, Vienna Convention on Consular Relations)

Sovereigns and other heads of state

Public vessels of a friendly foreign power are not subject to local jurisdiction.

Note: Generality has NO reference to territoriality.

2. Territoriality

GENERAL RULE: Penal laws of the country have force and effect only within its territory.

It cannot penalize crimes committed outside its territory.

The territory of the country is not limited to the land where its sovereignty resides but includes also its maritime and interior waters as well as its atmosphere. (Art. 2, RPC)

3 R.A. No. 75 penalizes acts which would impair the proper observance by the Republic and inhabitants of the Philippines of the immunities, rights, and privileges of duly accredited foreign diplomatic representatives in the Philippines

CRIMINAL LAW REVIEWER (1) Terrestrial jurisdiction is exercised over land. the jurisdiction 18 (2) Fluvial

CRIMINAL LAW REVIEWER

(1) Terrestrial

jurisdiction

is

exercised over land.

the

jurisdiction

18 (2) Fluvial jurisdiction is the jurisdiction exercised over maritime and interior waters. (3) Aerial jurisdiction is the jurisdiction exercised over the atmosphere.

EXCEPTIONS (1) Extraterritorial crimes, which are punishable even if committed outside the Philippine territory (Art. 2, RPC) (ASKED 4 TIMES IN BAR EXAMS)

Art. 2 embraces two scopes of applications:

the

application of the RPC within the Philippine territory (land, air and water).

General

rule

-

Intraterritorial

refers

to

i. Free Zone Theory The atmosphere over the country is free and not subject to the jurisdiction of the subjacent state, except for the protection of its national security and public order.

ii. Relative Theory The subjacent state exercises jurisdiction over the atmosphere only to the extent that it can effectively exercise control thereof.

iii. Absolute Theory The subjacent state has complete jurisdiction over the atmosphere above it subject only to the innocent passage by aircraft of a foreign country.

Under this theory,

if

the

crime