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ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law
SUMMER REVIEWER

retroactive effect.
Exception: when the law is favorable to the
accused
BOOK I Exceptions to the Exception:
a. The new law is expressly made
inapplicable to pending actions
or existing causes of action
CRIMINAL LAW – A branch of municipal law which b. Offender is a habitual criminal
defines crimes, treats of their nature and provides for
their punishment. Theories of Criminal Law:
1. Classical Theory – basis is man’s free will to
Characteristics of Criminal Law: choose between good and evil, that is why
1. General – binding on all persons who reside more stress is placed upon the result of the
or sojourn in the Philippines felonious act than upon the criminal himself.
Exceptions: The purpose of penalty is retribution. The
a. Treaty Stipulation RPC is generally governed by this theory.
b. Laws of Preferential Application
c. Principles of Public International Law 2. Positivist Theory – basis is the sum of
Ex: social and economic phenomena which
i. sovereigns and other chiefs of conditions man to do wrong in spite of or
state contrary to his volition. This is exemplified in
ii. Ambassadors, ministers the provisions on impossible crimes and
plenipotentiary, minister resident habitual delinquency.
and charges d’affaires
(BUT consuls, vice-consuls and other 3. Mixed Theory – combination of the classical
foreign commercial representatives and positivist theories wherein crimes that
CANNOT claim the privileges and are economic and social in nature should be
immunities accorded to ambassadors and dealt in a positive manner. The law is thus
ministers.) more compassionate.

2. Territorial – penal laws of the Philippines are Construction of Penal Laws:


enforceable only within its territory 1. Liberally construed in favor of offender
Exceptions: (Art. 2 of RPC – binding Ex:
even on crimes committed outside the a. the offender must clearly fall within
Philippines) the terms of the law
a. offense committed while on a b. an act is criminal only when made so
Philippine ship or airship by the statute
b. forging or counterfeiting any coin or 2. In cases of conflict with official translation,
currency note of the Philippines or original Spanish text is controlling,
obligations and the securities issued 3. No interpretation by analogy.
by the Government
QuickTime™ and a
c. introduction into
TIFF (Uncompressed) the country of the
decompressor
are needed to see this picture.
above-mentioned obligations and LIMITATIONS ON POWER OF CONGRESS TO
securities ENACT PENAL LAWS:
d. while being public officers and 1. ex post facto law
employees, an offense committed in 2. bill of attainder
the exercise of their functions 3. law that violates the equal protection clause
e. crimes against national security and of the constitution
the law of the nations defined in Title 4. law which imposes cruel and unusual
One of Book Two punishments nor excessive fines

3. Prospective – the law does not have any

—Advisers: Atty. Lorenzo Padilla, Justice Diosdado Peralta; Head: Kristine Quimpo; Understudies: Ivy Patdu, Krizna
Gomez—
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Omission – failure to perform a duty required by law

BOOK ONE
GENERAL PROVISIONS ELEMENTS:
1. there must be an act or omission
2. this must be punishable by the RPC
3. act or omission was done by means of dolo
or culpa

ART.1: TIME WHEN ACT TAKES EFFECT NULLUM CRIMEN, NULLA POENA SINE LEGE –
There is no crime when there is no law punishing it.
RPC took effect February 1, 1932.
Classification Of Felonies According To The
Means By Which They Are Committed:
ART. 2: APPLICATION OF ITS PROVISIONS
1. Intentional Felonies- by means of deceit
RULES: (dolo)
1. Philippine vessel or airship – Philippine Requisites:
law shall apply to offenses committed in a. freedom
vessels registered with the Philippine Bureau b. intelligence
of Customs. It is the registration, not the c. intent.
citizenship of the owner which matters.
2. Foreign vessel MISTAKE OF FACT – misapprehension of
a. French Rule fact on the part of the person who caused
General Rule: Crimes committed aboard injury to another. He is not criminally liable.
a foreign vessel within the territorial Requisites:
waters of a country are NOT triable in the a. the act done would have been lawful
courts of such country. had the facts been as the accused
Exception: commission affects the believed them to be
peace and security of the territory, or bintention is lawful
the safety of the state is endangered. b. mistake must be without fault or
carelessness by the accused
b. English Rule
General Rule: Crimes committed aboard 2. Culpable Felonies- by means of fault (culpa)
a foreign vessel within the territorial Requisites:
waters of a country are triable in the a. freedom
courts of such country. b. intelligence
Exception: When the crime merely c. negligence (lack of foresight) and
affects things within the vessel or it imprudence (lack of skill)
refers to the internal management
thereof.
*This is applicable in the Philippines. MALA IN SE v. MALA PROHIBITA
Mala in se Mala Prohibita
Title One: FELONIES QuickTime™
AND CIRCUMSTANCES
and a
moral trait of considered not considered
WHICH AFFECT CRIMINAL
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decompressor
are needed to see this picture.
offender
good faith as a valid defense, not a defense;
defense unless the crime is intent not
Chapter One: FELONIES the result of culpa necessary-
sufficient that the
Felonies – acts and omissions punishable by the offender has the
Revised Penal Code intent to perpetrate
the act prohibited
Crime – acts and omissions punishable by any law by the special law
Act – an overt or external act

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degree of taken into account taken into account


accomplishme only when Par. 2 Impossible Crime
nt of the crime consummated
mitigating and taken into account GENERALLY not Requisites:
in imposing penalty taken into account 1. Act would have been an offense against
aggravating
persons or property.
circumstance
2. There was criminal intent.
degree of when there is more GENERALLY not 3. Accomplishment is inherently impossible; or
participation than one offender, taken into account inadequate or ineffectual means are
it is taken into employed.
consideration 4. Act is not an actual violation of another
laws violated General Rule: General Rule: provision of the Code or of special law.
RPC Special Penal
Laws Impossible crime occurs when there is:
1. inherent impossibility to commit the crime
INTENT v. MOTIVE 2. inadequate means to consummate the crime
Intent Motive 3. ineffectual means to consummate the crime
purpose to use a moving power which impels
particular means to effect one to act Art. 5: Duty of the court in connection with
a result acts which should be repressed but which are
not covered by the law, and in cases of
element of crime except not an element excessive penalties
in crimes committed with
culpa Note: Paragraph 2 does not apply to crimes
essential in intentional essential only when the identity punishable by special law, including profiteering, and
felonies of the felon is in doubt illegal possession of firearms or drugs. There can be
no executive clemency for these crimes.

ART. 4: CRIMINAL LIABILITY


ART. 6: CONSUMMATED, FRUSTRATED, AND
ATTEMPTED FELONIES
Par.1 Criminal liability for a felony committed
different from that intended to be committed
STAGES OF EXECUTION:
1. CONSUMMATED – when all the elements
Requisites:
necessary for its execution and accomplishment
1. felony has been committed intentionally
are present
2. injury or damage done to the other party is
the direct, natural and logical consequence
2. FRUSTRATED
of the felony
Elements:
a. offender performs all acts of execution
Hence, since he is still motivated by criminal intent,
b. all these acts would produce the felony
the offender is criminally liable in:
as a consequence
1. Error in personae – mistake in identity
c. BUT the felony is NOT produced
2. Abberatio ictus – mistake in blow
d. by reason of causes independent of the
3. Praetor intentionem – lack of intent to
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will of the perpetrator
commit so grave a wrong
are needed to see this picture.

3. ATTEMPTED
PROXIMATE CAUSE – the cause, which in the
Elements:
natural and continuous sequence unbroken by any
a. offender commences the felony directly
efficient intervening cause, produces the injury,
by overt acts
without which the result would not have occurred
b. does not perform all acts which would
produce the felony
c. his acts are not stopped by his own
spontaneous desistance

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Attempted Frustrated Consummated ART. 7: WHEN LIGHT FELONIES ARE


Overt acts of All acts of execution are All the acts of PUNISHABLE
execution are present execution are
started present General Rule: Punishable only when they have been
consummated
Not all acts of Crime sought to be The result Exception: Even if not consummated, if
execution are committed is not sought is committed against persons or property
present achieved achieved
Ex: slight physical injuries, theft, alteration of
boundary marks, malicious mischief, and intriguing
Due to reasons Due to intervening against honor.
other than the causes independent of
spontaneous the will of the perpetrator Note: Only principals and accomplices are liable;
desistance of the accessories are NOT liable even if committed against
perpetrator persons or property.

Crimes, which do not admit of Frustrated and ART. 8: CONSPIRACY AND PROPOSAL TO
Attempted Stages: COMMIT FELONY

1. Offenses punishable by Special Penal Laws, CONSPIRACY


unless the law provides otherwise
2. Formal crimes – consummated in one Requisites:
instance 1. Two or more persons come to an agreement
(Ex: slander, adultery, etc.) 2. For the commission of a felony
3. Impossible Crimes 3. And they decide to commit it
4. Crimes consummated by mere attempt
(Ex: attempt to flee to an enemy Concepts of Conspiracy:
country, treason, corruption of minors) 1. As a crime in itself
5. Felonies by omission Ex: conspiracy to commit rebellion,
6. Crimes committed by mere agreement insurrection, treason, sedition, coup d’ etat
(Ex: betting in sports: “ending,”
corruption of public officers) 2. Merely as a means to commit a crime
Requisites:
Crimes which do not admit of Frustrated Stage: a. a prior and express agreement
1. Rape b. participants acted in concert or
2. Bribery simultaneously, which is indicative of
3. Corruption of Public Officers a meeting of the minds towards a
4. Adultery common criminal objective
5. Physical Injury
Note: Conspiracy to commit a felony is different from
2 stages in the development of a crime: conspiracy as a manner of incurring criminal liability.
1. Internal acts
- e.g. mere ideas QuickTime™
of the mind and a
- not punishable
TIFF (Uncompressed) decompressor
are needed to see this picture. General Rule: Conspiracy to commit a felony is not
punishable since it is merely a preparatory act.
2. External acts Exception: when the law specifically provides for
a. Preparatory acts - ordinarily not a penalty
punishable except when Ex: rebellion, insurrection, sedition, coup d’
considered by law as independent etat
crimes
(e.g. Art. 304, Possession of General Rule: The act of one is the act of all.
picklocks and similar tools) Exception: Unless one or some of the
b. Acts of Execution - punishable under conspirators committed some other crime which
the RPC is not part of the intended crime.

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Exception to the exception: When the act 1 month and 1 day to 6 years
constitutes an indivisible offense. 3. Light felonies - arresto menor (1 day to 30
days)
OVERT ACTS IN CONSPIRACY MUST
CONSIST OF:
1. Active participation in the actual ART. 10: OFFENSES NOT SUBJECT TO THE
commission of the crime itself, or PROVISIONS OF THIS CODE
2. Moral assistance to his co-conspirators by
being present at the time of the General Rule: RPC provisions are supplementary to
commission of the crime, or special laws.
3. Exerting a moral ascendance over the Exceptions:
other co-conspirators by moving them to 1. when special law provides otherwise
execute or implement the criminal plan 2. when provision of RPC are impossible of
People v. Abut, et al. (GR No. 137601, April 24, application, either by express provision
2003) or by necessary implication

Special Laws RPC


PROPOSAL TO COMMIT A FELONY Terms imprisonment prision
Requisites: correccional,
1. A person has decided to commit a felony prision mayor,
2. And proposes its execution to some other arresto mayor,
person or persons
etc.
Attempted or General Rule: Not Punishable
Frustrated punishable
Conspiracy Proposal Stages Exception: Unless
Elements Agreement to person decides to otherwise stated
commit AND commit a crime Plea of guilty as No Yes
commission AND proposes the mitigating
same to another circumstance
Crimes Conspiracy to Proposal to Minimum, Not applicable Yes
commit: sedition, commit: treason, medium and
treason, rebellion, rebellion, coup d’ maximum
coup d’ etat etat periods
Penalty for General Rule: Yes
*no proposal to accessory or None
commit sedition accomplice Exception: Unless
otherwise stated

Provisions of RPC applicable to special laws:


ART. 9: GRAVE FELONIES, LESS GRAVE • Art. 16 Participation of Accomplices
FELONIES AND LIGHT FELONIES • Art. 22 Retroactivity of Penal laws if favorable
to the accused
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• Art. 45 Confiscation of instruments used in
Importance of Classification
are needed to see this picture. the crime
1. To determine whether the felonies can be
complexed or not. Note: When the special law adopts the penalties
2. To determine the prescription of the crime imposed in the RPC i.e. penalties as reclusion
and of the penalty. perpetua, prision correccional, etc. the provisions of
the RPC on imposition of penalties based on stages
Penalties (imprisonment): of execution, degree of participation and attendance
1. Grave felonies – afflictive penalties: 6 yrs. of mitigating and aggravating circumstance may be
and 1 day to reclusion perpetua (life) applied by necessary implication.
2. Less grave felonies – correctional penalties:

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nor material commensurability between the means of


attack and defense by the one defending himself and
Chapter Two that of the aggressor is not required
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES, WHICH EXEMPT REASON: the person assaulted does not have
FROM CRIMINAL LIABILITY sufficient opportunity or time to think and calculate.

Rights included in self-defense:


1. defense of person
2. defense of rights protected by law
ART. 11. JUSTIFYING CIRCUMSTANCES 3. defense of property (only if there is also an
actual and imminent danger on the person of
JUSTIFYING CIRCUMSTANCES – where the act of the one defending)
a person is in accordance with law such that said 4. defense of chastity
person is deemed not to have violated the law.
Kinds of Self-Defense:
General Rule: No criminal and civil liability incurred. 1. self-defense of chastity – there must be an
Exception: There is civil liability with respect to attempt to rape the victim
par. 4 where the liability is borne by persons 2. defense of property – must be coupled with
benefited by the act. an attack on the person of the owner, or on
one entrusted with the care of such property.

Par. 1 Self-defense People v. Narvaez, (GR No. L-33466-67,


Elements: April 20, 1983)
1. Unlawful Aggression Attack on property alone was deemed
ƒ indispensable requirement sufficient to comply with element of
ƒ There must be actual physical assault or unlawful aggression
aggression or an immediate and
imminent threat, which must be offensive
and positively strong. 3. self-defense in libel – justified when the
ƒ The defense must have been made libel is aimed at a person’s good name.
during the existence of aggression,
otherwise, it is no longer justifying. “Stand ground when in the right” - the law does
ƒ While generally an agreement to fight not require a person to retreat when his assailant is
does not constitute unlawful aggression, rapidly advancing upon him with a deadly weapon.
violation of the terms of the agreement to
fight is considered an exception.
NOTE: Under Republic Act 9262 (Anti-Violence
2. Reasonable necessity of the means Against Women and Their Children Act of 2004),
employed to prevent or repel it – victim-survivors who are found by the Courts to be
suffering from Battered Woman Syndrome (BWS) do
Test of reasonableness depends on: not incur any criminal or civil liability despite absence
(1) weapon used by aggressor of the necessary elements for the justifying
(2) physical condition, character, size circumstance of self-defense in the RPC. BWS is a
and other circumstances
QuickTime™ and a
TIFF (Uncompressed) decompressor of scientifically defined pattern of psychological and
aggressor
are needed to see this picture.
behavioral symptoms found in women living in
(3) physical condition, character, size battering relationships as a result of cumulative
and circumstances of person abuse.
defending himself
(4) place and occasion of assault
Par. 2 Defense of Relative
3. Lack of sufficient provocation on the part
of the person defending himself Elements:
1. unlawful aggression (indispensable
NOTE: Perfect equality between the weapons used, requirement)

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2. reasonable necessity of the means employed NOTE: The accused must prove that he was duly
to prevent or repel it appointed to the position claimed he was discharging
3. In case the provocation was given by the at the time of the commission of the offense. It must
person attacked, the one making the defense also be shown that the offense committed was the
had no part in such provocation. necessary consequence of such fulfillment of duty, or
lawful exercise of a right or office.
Relative entitled to the defense:
1. spouse Par. 6 Obedience to a Superior Order
2. ascendants
3. descendants Elements:
4. legitimate, natural or adopted brothers and 1. an order has been issued
sisters, or relatives by affinity in the same 2. order has a lawful purpose (not patently
degrees illegal)
th
5. relatives by consanguinity within the 4 civil 3. means used by subordinate to carry out said
degree order is lawful

NOTE: The relative defended may be the original NOTE: The superior officer giving the order cannot
aggressor. All that is required to justify the act of the invoke this justifying circumstance. Good faith is
relative defending is that he takes no part in such material, as the subordinate is not liable for carrying
provocation. out an illegal order if he is not aware of its illegality
and he is not negligent.
Par. 3 Defense of Stranger General Rule: Subordinate cannot invoke this
Elements: circumstance when order is patently illegal.
1. unlawful aggression (indispensable Exception: When there is compulsion of an
requirement) irresistible force, or under impulse of
2. reasonable necessity of the means employed uncontrollable fear.
to prevent or repel it
3. person defending be not induced by revenge,
resentment or other evil motive ART. 12: CIRCUMSTANCES, WHICH EXEMPT
FROM CRIMINAL LIABILITY
Par. 4 State of Necessity (Avoidance of Greater
Evil or Injury) EXEMPTING CIRCUMSTANCES – grounds for
exemption from punishment because there is wanting
Elements: in the agent of the crime any of the conditions which
1. evil sought to be avoided actually exists make the act voluntary or negligent.
2. injury feared be greater than that done to
avoid it Basis: The exemption from punishment is based on
3. no other practical and less harmful means of the complete absence of intelligence, freedom of
preventing it action, or intent, or on the absence of negligence on
the part of the accused.
NOTE: The necessity must not be due to the
negligence or violation of any law by the actor. Burden of proof: Any of the circumstances is a
matter of defense and must be proved by the
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Par. 5 FulfillmentTIFFof(Uncompressed)
Duty or decompressor
Lawful Exercise of defendant to the satisfaction of the court.
are needed to see this picture.
a Right or Office
Justifying Exempting
Elements:
Who/what Act Actor
1. accused acted in the performance of duty or
in the lawful exercise of a right or office is
2. the injury caused or offense committed be affected?
the necessary consequence of the due Nature of act is considered act is wrongful but
performance of the duty, or the lawful act legal actor not liable
exercise of such right or office. Existence None Yes, but since

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of a crime voluntariness is absent the consequences of the unlawful act, which is shown
the actor is not liable by the:
Liability No criminal and civil No criminal liability but 1. manner the crime was committed
liability BUT there is there is civil liability 2. conduct of the offender after its commission
civil liability as to EXCEPT as to Art.
NOTE: Under R.A. 9344 a minor over 15 but but
Art.11(4) (state of 12(4) (injury by mere
below 18 who acted without discernment is
necessity) accident) and (7)
exempt from criminal liability
(lawful cause)
Par. 4 Accident without fault or intention of
Par. 1 Imbecility or Insanity causing it

IMBECILE – one while advanced in age has a mental Elements:


development comparable to that of children between 1. A person is performing a lawful act
2 and 7 years old. He is exempt in all cases from 2. with due care
criminal liability. 3. He causes injury to another by mere accident
4. Without fault or intention of causing it.
INSANE – one who acts with complete deprivation of
intelligence/reason or without the least discernment Par. 5 Irresistible Force
or with total deprivation of freedom of will. Mere
abnormality of the mental faculties will not exclude IRRESISTIBLE FORCE – offender uses violence or
imputability. physical force to compel another person to commit a
crime.
General Rule: Exempt from criminal liability
Exception: The act was done during a lucid Elements:
interval. 1. The compulsion is by means of physical
force.
NOTE: Defense must prove that the accused was 2. The physical force must be irresistible.
insane at the time of the commission of the crime 3. The physical force must come from a third
because the presumption is always in favor of sanity. person.

NOTE: Force must be irresistible so as to reduce the


Par. 2 Under Nine Years of Age individual to a mere instrument.
Requisite: Offender is under 9 years of age at the
time of the commission of the crime. There is
absolute criminal irresponsibility in the case of a Par. 6 Uncontrollable Fear
minor under 9 years of age.
UNCONTROLLABLE FEAR – offender employs
NOTE: Under R.A. 9344 or the Juvenile Justice And intimidation or threat in compelling another to commit
Welfare Act a minor 15 years and below is exempt a crime.
from criminal liability DURESS – use of violence or physical force

Par. 3 Person Over 9 and Under 15 Acting Elements:


Without Discernment
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1. The threat which causes the fear is of an evil
are needed to see this picture. greater than, or at least equal to, that which
he is required to commit.
2. It promises an evil of such gravity and
NOTE: Such minor must have acted without imminence that an ordinary man would have
discernment to be exempt. If with discernment, he is succumbed to it.
criminally liable.
NOTE: Duress to be a valid defense should be based
Presumption: The minor committed the crime on real, imminent or reasonable fear for one’s life or
without discernment. limb. It should not be inspired by speculative, fanciful
or remote fear. A threat of future injury is not enough.
DISCERNMENT – mental capacity to fully appreciate

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NOT a bar to Accused will be acquitted


accused’s prosecution
ACTUS ME INVITO FACTUS NON EST MEUS and conviction
ACTUS – Any act done by me against my will is not
my act. NOT an absolutory Absolutory cause
cause
PAR 7. Insuperable Cause

INSUPERABLE CAUSE – some motive, which has


lawfully, morally or physically prevented a person to Chapter Three
do what the law commands CIRCUMSTANCES WHICH MITIGATE CRIMINAL
LIABILITY
Elements:
1. An act is required by law to be done.
2. A person fails to perform such act.
3. His failure to perform such act was due to
some lawful or insuperable cause. Privileged Mitigating Ordinary Mitigating
Offset by any Cannot be offset Can be offset by a
Ex: aggravating generic aggravating
1. A priest can’t be compelled to reveal what circumstance circumstance
was confessed to him. Effect on Effect of imposing the If not offset, has the
2. No available transportation – officer not liable penalty penalty by 1 or 2 effect of imposing the
for arbitrary detention degrees lower than minimum period of
3. Mother who was overcome by severe
that provided by law the penalty
dizziness and extreme debility, leaving child
to die – not liable for infanticide (People v. Kinds Minority, Incomplete Those
Bandian, 63 Phil 530) (Sources) Self-defense, two or circumstances
more mitigating enumerated in
ABSOLUTORY CAUSES – where the act committed circumstance without paragraph 1 to 10 of
is a crime but for some reason of public policy and any aggravating Article 13
sentiment, there is no penalty imposed. Exempting circumstance (has the
and justifying circumstances are absolutory causes. effect of lowering the
Examples of such other circumstances are: penalty by one
1. spontaneous desistance (Art. 6) degree). Art. 64, 68
2. accessories exempt from criminal liability and 69
(Art. 20)
3. Death or physical injuries inflicted under
exceptional circumstances (Art. 247)
Age Criminal Responsibility/ Effect
4. persons exempt from criminal liability from
theft, swindling, malicious mischief (Art 332) ≤ 15years Absolute irresponsibility, exempting
5. instigation circumstance
* as amended by RA 9344
NOTE: Entrapment is NOT an absolutory cause. A 15 < and < Conditional responsibility
buy-bust operation conducted in connection with 18 Without discernment – not criminally
illegal drug-related offenses is a form of entrapment. liable
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are needed to see this picture.
With discernment – criminally liable
Entrapment Instigation * as amended by RA 9344
The ways and means Instigator practically induces the Minor Sentence is suspended
are resorted to for the would-be accused into the delinquent
purpose of trapping commission of the offense and 18 ≤ and ≤ 70 Full responsibility
and capturing the himself becomes a co-principal
lawbreaker in the
execution of his
criminal plan.

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> 70 Mitigated responsibility, no imposition of This provision addresses the intention of the offender
death penalty, execution of death at the particular moment when the offender executes
sentence may be suspended and or commits the criminal act, not to his intention during
commuted the planning stage

NOTE: In crimes against persons – if victim does not


die, the absence of the intent to kill reduces the
felony to mere physical injuries. It is not considered
as mitigating. It is mitigating only when the victim
ART. 13: MITIGATING CIRCUMSTANCES
dies.

MITIGATING CIRCUMSTANCES – those which if NOTE: It is not applicable to felonies by negligence


present in the commission of the crime reduces the because in felonies through negligence, the offender
penalty of the crime but does not erase criminal acts without intent. The intent in intentional felonies is
liability nor change the nature of the crime replaced by negligence or imprudence. There is no
intent on the part of the offender, which may be
considered as diminished
NOTE: A mitigating circumstance arising from a
single fact absorbs all the other mitigating
circumstances arising from that same fact. Par. 4 Provocation or Threat

Provocation – any unjust or improper conduct or act


Par. 1 Incomplete Justifying or Exempting of the offended party, capable of exciting, inciting or
Circumstances irritating anyone.

NOTE: This applies when not all the requisites are Provocation Vindication
present. Made directly only to the Grave offense may be also
If two requisites are present, it is considered a person committing the against the offender’s
privileged mitigating circumstance. However, in felony relatives mentioned by law
reference to Art.11(4) if any of the last two requisites
is absent, there is only an ordinary mitigating Cause that brought Offended party must have
circumstance. Remember though, that in self-
about the provocation done a grave offense to the
defense, defense of relative or stranger, unlawful
need not be a grave offender or his relatives
aggression must always be present as it is an
indispensable requirement. offense
Necessary that May be proximate. Time
provocation or threat interval allowed
Par. 2 Under 18 or Over 70 Years Old immediately preceded
the act. No time interval
NOTE: Age of accused is determined by his age at
the date of commission of crime, not date of trial.
Requisites:
1. provocation must be sufficient
Par. 3 No Intention to Commit so Grave a
2. it must originate from the offended party
Wrong
3. must be immediate to the commission of the
NOTE: Can be used only when
QuickTime™ and a the proven facts
TIFF (Uncompressed) decompressor crime by the person who is provoked
show that there is a notable
are needed toand
see thisevident
picture. disproportion
between the means employed to execute the criminal NOTE: Threat should not be offensive and positively
act and its consequences. strong. Otherwise, it would be an unlawful
aggression, which may give rise to self-defense and
Factors that can be considered are: thus no longer a mitigating circumstance.
1. weapon used
2. injury inflicted
3. part of the body injured
4. mindset of offender at the time of commission
of crime

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3rd person
Par. 5 Vindication of Grave Offense Must come from lawful sentiments Unlawful

Requisites: PASSION & OBFUSCATION PROVOCATION


1. a grave offense done to the one committing Produced by an impulse which Comes from injured
the felony, his spouse, ascendants, may be caused by provocation party
descendants, legitimate, natural or adopted
brothers or sisters or relatives by affinity Offense which engenders Immediately precede
within the same degrees perturbation of mind need not be the commission of the
2. the felony is committed in immediate immediate. It is only required that crime
vindication of such grave offense the influence thereof lasts until
the crime is committed
NOTE: “Immediate” allows for a lapse of time, as
long as the offender is still suffering from the mental Effect is loss of reason and self- Same
agony brought about by the offense to him. control on the part of the offender
(proximate time, not just immediately after)

Par. 7 Surrender and Confession of Guilt


Par. 6 Passion or Obfuscation
VOLUNTARY VOLUNTARY
Requisites: SURRENDER PLEA OF GUILT
1. offender acted upon an impulse Requisites: 1. offender not 1. offender
2. the impulse must be so powerful that it actually arrested spontaneously
naturally produced passion or obfuscation in 2. offender confessed his
him
surrendered to guilt
NOTE: Act must have been committed not in the person in 2. confession was
spirit of lawlessness or revenge; act must come from authority made in open
lawful sentiments. 3. surrender was court, that is,
voluntary before the
Act, Which Gave Rise To Passion And competent court
Obfuscation: that is to try the
1. That there be an act, both unlawful and case
unjust 3. confession of guilt
2. The act be sufficient to produce a condition was made prior to
of mind the presentation
3. That the act was proximate to the criminal of the evidence
act, not admitting of time during which the for the
perpetrator might recover his normal
prosecution
equanimity
4. The victim must be the one who caused the
passion or obfuscation WHEN SURRENDER VOLUNTARY
- must be spontaneous, showing the intent of the
NOTE: Passion and
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accused to submit himself unconditionally to the
are needed to see this picture.
treachery since this means that the offender had time authorities, either because:
to ponder his course of action. 1. he acknowledges his guilt; or
2. he wishes to save them the trouble and
expense necessarily incurred in his search
PASSION & OBFUSCATION IRRESISTIBLE
and capture.
FORCE
Mitigating Exempting NOTE: If both are present, considered as two
No physical force needed Requires physical independent mitigating circumstances. Further
force mitigates penalty.
From the offender himself Must come from a

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NOTES: extreme poverty, similar to


ƒ plea made after arraignment and after trial incomplete justification based on
has begun does not entitle accused to the state of necessity
mitigating circumstance
ƒ If accused pleaded not guilty, even if during
arraignment, he is entitled to mitigating
circumstance as long as he withdraws his
plea of not guilty to the charge before the CHAPTER FOUR
fiscal could present his evidence. CIRCUMSTANCES WHICH AGGRAVATE
ƒ Plea to a lesser charge is not a Mitigating CRIMINAL LIABILITY
Circumstance because to be such, the plea
of guilt must be to the offense charged.
ƒ Plea to the offense charged in the amended
info, lesser than that charged in the original AGGRAVATING CIRCUMSTANCES – Those which,
info, is Mitigating Circumstance. if attendant in the commission of the crime, serve to
have the penalty imposed in its maximum period
provided by law for the offense or those that change
Par. 8 Physical Defect of Offender
the nature of the crime.

The offender is deaf and dumb, blind or otherwise BASIS: The greater perversity of the offender
suffering from some physical defect, restricting his manifested in the commission of the felony as shown
means of action, defense or communication with by:
others. 1. the motivating power itself,
2. the place of the commission,
NOTE: The physical defect must relate to the offense 3. the means and ways employed
committed. 4. the time, or
5. the personal circumstances of the offender,
or the offended party.
Par. 9 Illness of the Offender

Requisites: KINDS OF AGGRAVATING CIRCUMSTANCES:


1. The illness of the offender must diminish the 1. Generic - those which apply to all crimes
exercise of his will-power. 2. Specific - those which apply only to specific
2. Such illness should not deprive the offender crimes,
of consciousness of his acts. 3. Qualifying - those that change the nature of
the crime
Par. 10 Similar and Analogous Circumstances 4. Inherent - which of necessity accompany
the commission of the crime, therefore not
considered in increasing the penalty to be
imposed
Examples Not examples
5. Special - those which arise under special
defendant who is 60 years old killing the wrong conditions to increase the penalty of the
with failing eyesight is similar to a person offense and cannot be offset by mitigating
case of one over 70 yrs old circumstances
outraged feeling of TIFF
owner of notandresisting
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arrest is
animal taken for ransom is not the same as
are needed to see this picture. GENERIC QUALIFYING
analogous to vindication of grave voluntary surrender AGGRAVATING AGGRAVATING
CIRCUMSTANCE CIRCUMSTANCE
offense
EFFECT : When not set EFFECT: Gives the
impulse of jealous feeling, similar running amuck is not off by any mitigating crime its proper and
to passion and obfuscation mitigating circumstance, exclusive name and
Increases the penalty places the author of
voluntary restitution of property, which should be the crime in such a
similar to voluntary surrender imposed upon the situation as to
accused to the deserve no other

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maximum period but penalty than that act of all, regardless of lack of knowledge of the
without exceeding the specially prescribed facts constituting the circumstance. (Art. 62, par.
limit prescribed by law by law for said 4)
crimes (People v.
Bayot, 64Phil269, 5. Aggravating circumstances, regardless of its
273) kind, should be specifically alleged in the
If not alleged in the To be considered information AND proved as fully as the crime
information, a as such, MUST be itself in order to increase the penalty. (Sec. 9,
qualifying aggravating alleged in the Rule 110, 2000 Rules of Criminal Procedure)
circumstance will be information
considered generic 6. When there is more than one qualifying
May be offset by a Cannot be offset by a aggravating circumstance present, one of them
mitigating circumstance. mitigating will be appreciated as qualifying aggravating
circumstance while the others will be considered as generic
aggravating.
RULES ON AGGRAVATING CIRCUMSTANCES:
1. Aggravating circumstances shall NOT be
appreciated if: ART. 14: AGGRAVATING CIRCUMSTANCES
a) They constitute a crime specially
punishable by law, or
b) It is included by the law in defining a crime Par. 1. That advantage be taken by the offender of
with a penalty prescribed, and therefore his public position
shall not be taken into account for the
purpose of increasing the penalty. Requisites:
Ex: “That the crime be committed by means of 1. Offender is public officer
…fire,…explosion” (Art. 14, par. 12) is in itself a 2. Public officer must use the influence,
crime of arson (Art. 321) or a crime involving prestige, or ascendancy which his office
destruction (Art. 324). It is not to be considered to gives him as means to realize criminal
increase the penalty for the crime of arson or for purpose
the crime involving destruction.
ƒ It is not considered as an aggravating
2. The same rule shall apply with respect to any circumstance where taking advantage of official
aggravating circumstance inherent in the crime to position is made by law an integral element of the
such a degree that it must of necessity crime or inherent in the offense,
accompany the commission thereof(Art.62, par.2) Ex: malversation (Art. 217), falsification of a
document committed by public officers (Art.
3. Aggravating circumstances which arise: 171).
a) From the moral attributes of the offender; ƒ When the public officer did not take advantage of
b) From his private relations with the offended the influence of his position, this aggravating
party; or circumstance is not present
c) From any personal cause, ƒ NOTE : Taking advantage of a public position is
also inherent in the case of accessories under
shall only serve to aggravate the liability of the Art. 19, par. 3 (harboring, concealing, or assisting
principals, accomplices and accessories as to in the escape of the principal of the crime), and in
whom such circumstances are attendant. (Art.
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62, par. 3) TIFF (Uncompressed) decompressor
are needed to see this picture.
245).

4. The circumstances which consist : Par. 2. That the crime be committed in contempt
a) In the material execution of the act, or of or with insult to public authorities
b) In the means employed to accomplish it,
Requisites:
shall serve to aggravate the liability of only those 1. That the public authority is engaged in the
persons who had knowledge of them at the time exercise of his functions.
of the execution of the act or their cooperation 2. That he who is thus engaged in the exercise
therein. Except when there is proof of conspiracy of said functions is not the person against
in which case the act of one is deemed to be the whom the crime is committed.

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3. The offender knows him to be a public reference to others (There must be a difference in the
authority. social condition of the offender and the offended
4. His presence has not prevented the offender party).
from committing the criminal act.
AGE – may refer to old age or the tender age of the
PERSON IN AUTHORITY – public authority, or victim.
person who is directly vested with jurisdiction and has
the power to govern and execute the laws SEX– refers to the female sex, not to the male sex.
Ex:
1. Governor The AC of disregard of rank, age, or sex is not
2. Mayor applicable in the following cases:
3. Barangay captain/ chairman 1. When the offender acted with passion and
4. Councilors obfuscation.
5. Government agents 2. When there exists a relationship between the
6. Chief of Police offended party and the offender.
3. When the condition of being a woman is
NOTE: A teacher or professor of a public or indispensable in the commission of the
recognized private school is not a “public authority crime.
within the contemplation of this paragraph. While he (Ex: in parricide, abduction, seduction
is a person in authority under Art. 152, that status is and rape)
only for purposes of Art. 148 (direct assault) and Art.
152 (resistance and disobedience). People vs. Lapaz, March 31, 1989
Disregard of sex and age are not absorbed in
ƒ The crime should not be committed against the treachery because treachery refers to the manner of
public authority (otherwise it will constitute direct the commission of the crime, while disregard of sex
assault under Art.148) and age pertains to the relationship of the victim.
ƒ This is NOT applicable when committed in the
presence of a mere agent. DWELLING – must be a building or structure
exclusively used for rest and comfort (combination of
AGENT – subordinate public officer charged w/ the house and store not included), may be temporary as
maintenance of public order and protection and in the case of guests in a house or bedspacers. It
security of life and property includes dependencies, the foot of the staircase and
Ex: barrio vice lieutenant, barrio councilman the enclosure under the house

Par. 3. That the act be committed: NOTES:


(1) with insult or in disregard of the respect ƒ The aggravating circumstance of dwelling
due the offended party on account of his requires that the crime be wholly or partly
(a)rank, (b) age, or (c) sex or committed therein or in any integral part thereof.
ƒ Dwelling does not mean the permanent
(2) that it be committed in the dwelling of the residence or domicile of the offended party or
offended party, if the latter has not given that he must be the owner thereof. He must,
provocation however, be actually living or dwelling therein
even for a temporary duration or purpose.
Rules regarding par 3(1): ƒ It is not necessary that the accused should have
1. These circumstances shall only be actually entered the dwelling of the victim to
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consideredTIFF
as one aggravating
(Uncompressed) decompressor circumstance.
are needed to see this picture. commit the offense; it is enough that the victim
2. Rank, age, sex may be taken into account was attacked inside his own house, although the
only in crimes against persons or honor, they assailant may have devised means to perpetrate
cannot be invoked in crimes against property. the assault from without.
3. It must be shown that in the commission of
the crime the offender deliberately intended What aggravates the commission of the crime in
to offend or insult the sex, age and rank of one’s dwelling:
the offended party. 1. The abuse of confidence which the offended
party reposed in the offender by opening the
RANK – The designation or title of distinction used to door to him; or
fix the relative position of the offended party in

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2. The violation of the sanctity of the home by 5. The victim is not a dweller of the house.
trespassing therein with violence or against
the will of the owner. Par. 4. That the act be committed with:
(1) abuse of confidence or
Meaning of provocation in the aggravating (2) obvious ungratefulness
circumstance of dwelling:
The provocation must be: ƒ There are two aggravating circumstances present
1. Given by the owner of the dwelling, under par.4 which must be independently
2. Sufficient, and appreciated if present in the same case
3. Immediate to the commission of the crime. ƒ While one may be related to the other in the factual
situation in the case, they cannot be lumped
NOTE: If all these conditions are present, the together. Abuse of confidence requires a special
offended party is deemed to have given the confidential relationship between the offender and
provocation, and the fact that the crime is committed the victim, while this is not required for there to be
in the dwelling of the offended party is NOT an obvious ungratefulness
aggravating circumstance.
REASON: When it is the offended party who has Requisites Of Abuse Of Confidence:
provoked the incident, he loses his right to the 1. That the offended party had trusted the
respect and consideration due him in his own offender.
house. 2. That the offender abused such trust by
committing a crime against the offended
party.
Dwelling is not aggravating in the following
3. That the abuse of confidence facilitated the
cases:
commission of the crime.
1. When both the offender and the offended
party are occupants of the same house, and
NOTE: Abuse of confidence is inherent in
this is true even if offender is a servant in the
malversation (Art. 217), qualified theft (Art. 310),
house.
estafa by conversion or misappropriation (Art. 315),
exception: In case of adultery in the
and qualified seduction (Art. 337).
conjugal dwelling, the same is
aggravating. However, if the paramour
Requisites of obvious ungratefulness:
also dwells in the conjugal dwelling, the
1. That the offended party had trusted the
applicable aggravating circumstance is
offender;
abuse of confidence.
2. That the offender abused such trust by
committing a crime against the offended
2. When robbery is committed by the use of
party.
force upon things, dwelling is not aggravating
3. That the act be committed with obvious
because it is inherent.
ungratefulness.
ƒ However, dwelling is aggravating in
NOTE: The ungratefulness contemplated by par. 4
robbery with violence against or
must be such clear and manifest ingratitude on the
intimidation of persons because this class
part of the accused.
of robbery can be committed without the
necessity of trespassing the sanctity of the
Par. 5. That the crime be committed in the palace
offended party’s house.
of the Chief Executive, or in his presence, or
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3. In the crimeare needed
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to see this picture.
discharge of their duties, or in a place
inherent or included by law in defining the
dedicated to religious worship.
crime.
ƒ Actual performance of duties is not necessary
4. When the owner of the dwelling gave
when crime is committed in the palace or in the
sufficient and immediate provocation.
presence of the Chief Executive
ƒ There must exist a close relation between
the provocation made by the victim and the
Requisites Regarding Public Authorities:
commission of the crime by the accused.
1. crime occurred in the public office

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2. public authorities are actually performing NIGHTTIME (obscuridad) – that period of darkness
their public duties beginning at the end of dusk and ending at dawn.

PAR. 5. Where public PAR. 2. Contempt or ƒ Commission of the crime must begin and be
authorities are engaged insult to public accomplished in the nighttime. When the
in the discharge of their authorities place of the crime is illuminated by light,
duties nighttime is not aggravating. It is not
FOR BOTH, Public authorities are in the performance considered aggravating when the crime
of their duties began at daytime.
Place where public duty is performed ƒ Nighttime is not especially sought for when
In their office. Outside of their office. the notion to commit the crime was
conceived of shortly before commission or
The offended party when crime was committed at night upon a
May or may not be the Public authority should casual encounter
public authority not be the offended ƒ However, nighttime need not be specifically
party sought for when (1) it facilitated the
commission of the offense, or (2) the
Requisites (Place Dedicated To Religious offender took advantage of the same to
Worship): commit the crime
1. The crime occurred in a place dedicated to ƒ A bare statement that crime was committed
the worship of God regardless of religion at night is insufficient. The information must
2. The offender must have decided to commit allege that nighttime was sought for or taken
the crime when he entered the place of advantage of, or that it facilitated the crime
worship
GENERAL RULE: Nighttime is absorbed in
ƒ Except for the third which requires that official treachery.
functions are being performed at the time of the EXCEPTION: Where both the treacherous mode
commission of the crime, the other places of attack and nocturnity were deliberately decided
mentioned are aggravating per se even if no upon in the same case, they can be considered
official duties or acts of religious worship are separately if such circumstances have different
being conducted there. factual bases. Thus:
ƒ Cemeteries, however respectable they may be, ƒ In People vs. Berdida, et. al. (June 30,
are not considered as place dedicated to the 1966), nighttime was considered since it was
worship of God. purposely sought, and treachery was further
appreciated because the victim’s hands and
Par. 6. That the crime be committed arms were tied together before he was
(1) in the nighttime, or beaten up by the accused.
(2) in an uninhabited place, or ƒ In People vs. Ong, et. al. (Jan. 30, 1975),
(3) by a band, there was treachery as the victim was
whenever such circumstance may facilitate stabbed while lying face up and defenseless,
the commission of the offense and nighttime was considered upon proof
that it facilitated the commission of the
NOTE: When present in the same case and their offense and was taken advantage of by the
element are distinctly palpable and can subsist accused.
independently, they shall be considered separately.
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TIFF (Uncompressed) decompressor UNINHABITED PLACE (despoblado) – one where
are needed to see this picture.
When nighttime, uninhabited place or band there are no houses at all, a place at a considerable
aggravating: distance from town, where the houses are scattered
1. When it facilitated the commission of the at a great distance from each other
crime; or
2. When especially sought for by the offender to ƒ Solitude must be sought to better attain the
insure the commission of the crime or for the criminal purpose
purpose of impunity; or ƒ What should be considered here is whether in the
3. When the offender took advantage thereof place of the commission of the offense, there was
for the purpose of impunity a reasonable possibility of the victim receiving
some help.

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1. When both the attacking party and the party


BAND (en cuadrilla) – whenever there are more attacked were equally armed.
than 3 armed malefactors that shall have acted 2. When the accused as well as those who
together in the commission of an offense cooperated with him in the commission of the
crime acted under the same plan and for the
NOTE: There must be four or more armed men same purpose.
3. When the others were only “casually present”
ƒ If one of the four-armed malefactors is a principal and the offender did not avail himself of any
by inducement, they do not form a band because of their aid or when he did not knowingly
it is undoubtedly connoted that he had no direct count upon their assistance in the
participation. commission of the crime
ƒ “By a band” is aggravating in crimes against
property or against persons or in the crime of Par. 6 “By a band” Par. 8. “With the aid of
illegal detention or treason but does not apply to armed men”
crimes against chastity
ƒ “By a band” is inherent in brigandage As to their number
ƒ This aggravating circumstance is absorbed in the Requires more than three At least two
circumstance of abuse of superior strength armed malefactors (i.e.,
at least four)
Par. 7. That the crime be committed on the
occasion of a conflagration, shipwreck, As to their action
earthquake, epidemic or other calamity or Requires that more than This circumstance is
misfortune. three armed malefactors present even if one of the
Requisites: shall have acted together offenders merely relied on
1. The crime was committed when there was a in the commission of an their aid, for actual aid is
calamity or misfortune offense. not necessary.
2. The offender took advantage of the state of
confusion or chaotic condition from such
misfortune ƒ If there are four armed men, aid of armed men is
absorbed in employment of a band. If there are
ƒ If the offended was PROVOKED by the offended three armed men or less, aid of armed men may
party during the calamity/misfortune, this be the aggravating circumstance.
aggravating circumstance may not be taken into ƒ “Aid of armed men” includes “armed women.”
consideration.

Par. 8.That the crime be committed with the aid of Par. 9. That the accused is a recidivist
(1) armed men or
(2) persons who insure or afford impunity RECIDIVIST – one who at the time of his trial for one
crime, shall have been previously convicted by final
Requisites: judgment of another crime embraced in the same title
1. That armed men or persons took part in the of the RPC.
commission of the crime, directly or
indirectly. Requisites:
2. That the accused availed himself of their aid 1. That the offender is on trial for an offense;
or relied upon them when the crime was 2. That he was previously convicted by final
QuickTime™ and a
committed.TIFF (Uncompressed) decompressor judgment of another crime;
are needed to see this picture.
3. That both the first and the second offenses
NOTE: This aggravating circumstance requires that are embraced in the same title of the Code;
the armed men are accomplices who take part in a 4. That the offender is convicted of the new
minor capacity directly or indirectly, and not when offense.
they were merely present at the crime scene. Neither
should they constitute a band, for then the proper MEANING OF “at the time of his trial for one
aggravating circumstance would be cuadrilla. crime.”
It is employed in its general sense, including the
When This Aggravating Circumstance Shall Not rendering of the judgment. It is meant to include
Be Considered: everything that is done in the course of the trial, from

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arraignment until after sentence is announced by the


judge in open court. Requisites Of Reiteracion Or Habituality:
1. That the accused is on trial for an offense;
ƒ What is controlling is the TIME OF THE TRIAL, 2. That he previously served sentence for
not the time of the commission of the offense. another offense to which the law attaches an
a) Equal or
GENERAL RULE: To prove recidivism, it is b) Greater penalty, or
necessary to allege the same in the information and c) For two or more crimes to which it
to attach thereto certified copy of the sentences attaches a lighter penalty than that
rendered against the accused. for the new offense; and
Exception: If the accused does not object and 3. That he is convicted of the new offense
when he admits in his confession and on the
witness stand. HABITUALITY RECIDIVISM
ƒ Recidivism must be taken into account no matter As to the first offense
how many years have intervened between the It is necessary that the It is enough that a
first and second felonies. offender shall have final judgment has
served out his been rendered in the
ƒ Amnesty extinguishes the penalty and its effects. sentence for the first first offense.
However, pardon does not obliterate the fact that offense
the accused was a recidivist. Thus, even if the As to the kind of offenses involved
accused was granted a pardon for the first The previous and Requires that the
offense but he commits another felony embraced subsequent offenses offenses be included
in the same title of the Code, the first conviction must not be em in the same title of the
is still counted to make him a recidivist braced in the same Code.
title of the Code.
ƒ Being an ordinary aggravating circumstance,
recidivism affects only the periods of a penalty, THE FOUR FORMS OF REPETITION ARE:
except in prostitution and vagrancy (Art. 202) and
gambling (PD 1602) wherein recidivism increases 1. Recidivism (par. 9, Art. 14) – Where a person,
the penalties by degrees. No other generic on separate occasions, is convicted of two offenses
aggravating circumstance produces this effect embraced in the same title in the RPC. This is a
generic aggravating circumstance.
ƒ In recidivism it is sufficient that the succeeding
offense be committed after the commission of the 2. Reiteracion or Habituality (par. 10, Art. 14) –
preceding offense provided that at the time of his Where the offender has been previously punished for
trial for the second offense, the accused had an offense to which the law attaches an equal or
already been convicted of the first offense. greater penalty or for two crimes to which it attaches
a lighter penalty. This is a generic aggravating
ƒ If both offenses were committed on the same circumstance.
date, they shall be considered as only one,
hence, they cannot be separately counted in 3. Multi-recidivism or Habitual delinquency (Art.
order to constitute recidivism. Also, judgments of 62, par, 5) – Where a person within a period of ten
convicted handed down on the same day shall be years from the date of his release or last conviction of
considered as only one conviction. the crimes of serious or less serious physical injuries,
REASON: Because the Code requires that to be robbery, theft, estafa or falsification, is found guilty of
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separate convictions,
(Uncompressed) decompressor at the time of
the said crimes a third time or oftener. This is an
are needed to see this picture.
his trial for one crime the accused shall have extraordinary aggravating circumstance.
been previously convicted by final judgment of
the other. 4. Quasi-recidivism (Art. 160) – Where a person
commits felony before beginning to serve or while
serving sentence on a previous conviction for a
Par. 10. That the offender has been previously felony. This is a special aggravating circumstance.
punished for an offense to which the law
attaches an equal or greater penalty or for ƒ Since reiteracion provides that the accused has
two or more crimes to which it attaches a duly served the sentence for his previous
lighter penalty. conviction/s, or is legally considered to have

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done so, quasi-recidivism cannot at the same ƒ When another aggravating circumstance already
time constitute reiteracion, hence this qualifies the crime, any of these aggravating
aggravating circumstance cannot apply to a circumstances shall be considered as generic
quasi-recidivist. aggravating circumstance only

ƒ If the same set of facts constitutes recidivism and ƒ When used as a means to kill another person,
reiteracion, the liability of the accused should be the crime is qualified to murder.
aggravated by recidivism which can easily be
proven. PAR. 12 “by means PAR. 7 “on the
of inundation, fire, occasion of a
Par. 11. That the crime be committed in etc.” conflagration,
consideration of price, reward or promise. shipwreck, etc.
The crime is The crime is committed
Requisites: committed by means on the occasion of a
1. There are at least 2 principals: of any such acts calamity or misfortune.
• The principal by inducement (one who involving great waste
offers) or ruin.
• The principal by direct participation
(accepts)
2. The price, reward, or promise should be Par. 13. That the act be committed with evident
previous to and in consideration of the premeditation
commission of the criminal act
Requisites:
NOTE: The circumstance is applicable to both The prosecution must prove –
principals .It affects the person who received the 1. The time when the offender determined to
price / reward as well as the person who gave it. commit the crime;
2. An act manifestly indicating that the culprit
ƒ If without previous promise it was given has clung to his determination; and
voluntarily after the crime had been committed as 3. A sufficient lapse of time between the
an expression of his appreciation for the determination and execution, to allow him to
sympathy and aid shown by the other accused, it reflect upon the consequences of his act and
should not be taken into consideration for the to allow his conscience to overcome the
purpose of increasing the penalty. resolution of his will.

ƒ The price, reward or promise need not consist of Essence of premeditation: The execution of the
or refer to material things or that the same were criminal act must be preceded by cool thought and
actually delivered, it being sufficient that the offer reflection upon the resolution to carry out the criminal
made by the principal by inducement be intent during the space of time sufficient to arrive at a
accepted by the principal by direct participation calm judgment.
before the commission of the offense.
ƒ To establish evident premeditation, it must be
ƒ The inducement must be the primary shown that there was a period sufficient to afford
consideration for the commission of the crime. full opportunity for meditation and reflection, a
time adequate to allow the conscience to
Par. 12. That the crime be committed by means of
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overcome the resolution of the will, as well as
inundation, fire,
TIFF poison,
(Uncompressed)explosion,
decompressor
are needed to see this picture.
stranding outward acts showing the intent to kill. It must be
of a vessel or intentional damage thereto, shown that the offender had sufficient time to
derailment of a locomotive, or by use of any reflect upon the consequences of his act but still
artifice involving great waste and ruin persisted in his determination to commit the
crime. (PEOPLE vs. SILVA, et. al., GR No.
ƒ The circumstances under this paragraph will only 140871, August 8, 2002)
be considered as aggravating if and when they
are used by the offender as a means to ƒ Premeditation is absorbed by reward or promise.
accomplish a criminal purpose
ƒ When the victim is different from that intended,
premeditation is not aggravating. However, if the

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offender premeditated on the killing of any ƒ DISGUISE (disfraz) – resorting to any device to
person, it is proper to consider against the conceal identity.
offender the aggravating circumstance of
premeditation, because whoever is killed by him ƒ The test of disguise is whether the device or
is contemplated in his premeditation. contrivance resorted to by the offender was
intended to or did make identification more
Par. 14. That (1) craft, (2) fraud, or (3) disguise be difficult, such as the use of a mask or false hair or
employed. beard.

Requisite ƒ The use of an assumed name in the publication


The offender must have actually used craft, fraud, or of a libel constitutes disguise.
disguise to facilitate the commission of the crime.
Par. 15. That (1) advantage be taken of superior
CRAFT (astucia) – involved the use of intellectual strength, or (2) means be employed to
trickery or cunning on the part of the accused. weaken the defense.
A chicanery resorted to by the accused to aid in the
execution of his criminal design. It is employed as a Par. 15 contemplates two aggravating circumstances,
scheme in the execution of the crime. either of which qualifies a killing to murder.

FRAUD (fraude) – insidious words or machinations MEANING OF “advantage be taken”:


used to induce the victim to act in a manner which To deliberately use excessive force that is out of
would enable the offender to carry out his design. proportion to the means for self-defense available to
the person attacked. (PEOPLE vs. LOBRIGAS, et.
al., GR No. 147649, December 17, 2002)
FRAUD CRAFT
Where there is a direct The act of the No Advantage Of Superior Strength In The
inducement by insidious accused done in Following:
words or machinations, order not to arouse 1. One who attacks another with passion and
fraud is present. the suspicion of the obfuscation does not take advantage of his
victim constitutes superior strength.
craft. 2. When a quarrel arose unexpectedly and the
fatal blow was struck at a time when the
ƒ Craft and fraud may be absorbed in treachery if aggressor and his victim were engaged
they have been deliberately adopted as the against each other as man to man.
means, methods or forms for the treacherous
strategy, or they may co-exist independently ƒ TEST for abuse of superior strength: the
where they are adopted for a different purpose in relative strength of the offender and his victim
the commission of the crime. and whether or not he took advantage of his
greater strength.
Ex:
ƒ In People vs. San Pedro (Jan. 22, 1980), ƒ When there are several offenders participating in
where the accused pretended to hire the the crime, they must ALL be principals by direct
driver in order to get his vehicle, it was held participation and their attack against the victim
that there was craft directed to the theft of the must be concerted and intended to be so.
vehicle, separate QuickTime™ fromand a the means
TIFF (Uncompressed) decompressor
subsequentlyare used to thistreacherously
needed to see picture. kill the ƒ Abuse of superior strength is inherent in the
defenseless driver. crime of parricide where the husband kills the
wife. It is generally accepted that the husband is
ƒ In People vs. Masilang (July 11, 1986) there physically stronger than the wife.
was also craft where after hitching a ride, the
accused requested the driver to take them to ƒ Abuse of superior strength is also present when
a place to visit somebody, when in fact they the offender uses a weapon which is out of
had already planned to kill the driver. proportion to the defense available to the
offended party.

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“BY A BAND” “ABUSE OF directly and specially to insure its execution without
SUPERIOR risk to himself arising from the defense which the
STRENGTH” offended party might make.
The element of The gravamen of
Requisites:
band is appreciated abuse of superiority
1. That at the time of the attack, the victim was
when the offense is is the taking
not in a position to defend himself; and
committed by more advantage by the
2. That the offender consciously adopted the
than three armed culprits of their
particular means, method or form of attack
malefactors collective strength to
employed by him.
regardless of the overpower their
comparative relatively weaker
TEST: It is not only the relative position of the parties
strength of the victim or victims.
but, more specifically, whether or not the victim was
victim or victims.
forewarned or afforded the opportunity to make a
Hence, what is taken defense or to ward off the attack.
into account here is
not the number of Rules Regarding Treachery:
aggressors nor the 1. Applicable only to crimes against persons.
fact that they are 2. Means, methods or forms need not insure
armed, but their accomplishment of crime.
relative physical 3. The mode of attack must be consciously
strength vis-a vis the adopted.
offended party.
ƒ Treachery is taken into account even if the crime
against the person is complexed with another
NOTE: Abuse of superior strength absorbs cuadrilla felony involving a different classification in the
(“band”). Code. Accordingly, in the special complex crime
of robbery with homicide, treachery but can be
MEANING OF “Means employed to weaken appreciated insofar as the killing is concerned.
defense” - the offender employs means that
materially weaken the resisting power of the offended ƒ The suddenness of attack in itself does not
party. constitute treachery, even if the purpose was to
kill, so long as the decision was made all of a
Ex: sudden and the victim’s helpless position was
1. Where one, struggling with another, suddenly accidental.
throws a cloak over the head of his opponent
and while in this situation he wounds or kills ƒ Treachery applies in the killing of a child even if
him. the manner of attack is not shown.
2. One who, while fighting with another,
suddenly casts sand or dirt upon the latter ƒ Treachery must be proved by clear and
eyes and then wounds or kills him. convincing evidence
3. When the offender, who had the intention to
kill the victim, made the deceased ƒ Treachery is considered against all the offenders
intoxicated, thereby materially weakening the when there is conspiracy.
latter’s resisting power.
NOTE: This circumstance QuickTime™is andapplicable
a
TIFF (Uncompressed) decompressor
only to WHEN MUST TREACHERY BE PRESENT:
crimes against persons, and sometimes against
are needed to see this picture.
1. When the aggression is continuous,
person and property, such as robbery with treachery must be present in the beginning of
physical injuries or homicide. the assault. (PEOPLE vs. MANALAD, GR
No. 128593, August 14, 2002)
Par. 16. That the act be committed with treachery
(alevosia) ƒ Thus, even if the deceased was shot
while he was lying wounded on the
TREACHERY – when the offender commits any of ground, it appearing that the firing of the
the crimes against the person, employing means, shot was a mere continuation of the
methods or forms in the execution thereof which tend assault in which the deceased was

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wounded, with no appreciable time TREACHERY ABUSE OF MEANS


intervening between the delivery of the SUPERIOR EMPLOYED TO
blows and the firing of the shot, it cannot STRENGTH WEAKEN
be said that the crime was attended by DEFENSE
treachery. Means, methods Offender does Means are
or forms are not employ employed but it
2. When the assault was not continuous, in
employed by the means, only materially
that there was interruption, it is sufficient that
treachery was present at the moment the offender to make it methods or weakens the
fatal blow was given. impossible or hard forms of attack, resisting power of
for the offended he only takes the offended
ƒ Hence, even though in the inception of party to put any advantage of his party
the aggression which ended in the death sort of resistance superior
of the deceased, treachery was not strength
present, if there was a break in the
continuity of the aggression and at the
time of the fatal wound was inflicted on Par. 17. That means be employed or
the deceased he was defenseless, the circumstances brought about which add
circumstance of treachery must be taken ignominy to the natural effects of the act
into account.
IGNOMINY – is a circumstance pertaining to the
Treachery Should Be Considered Even If: moral order, which adds disgrace and obloquy to the
1. The victim was not predetermined but there material injury caused by the crime.
was a generic intent to treacherously kill any
first two persons belonging to a class. (The MEANING OF “which add ignominy to the natural
same rule obtains for evident premeditation). effects thereof”
The means employed or the circumstances brought
2. There was aberratio ictus and the bullet hit a about must tend to make the effects of the crime
person different from that intended. (The rule more humiliating to victim or to put the offended party
is different in evident premeditation). to shame, or add to his moral suffering. Thus it is
incorrect to appreciate ignominy where the victim was
3. There was error in personae, hence the already dead when his body was dismembered, for
victim was not the one intended by the such act may not be considered to have added to the
accused. (A different rule is applied in victim’s moral suffering or humiliation. (People vs.
evident premeditation). Carmina, G.R. No. 81404, January 28, 1991)

REASON FOR THE RULE: When there is ƒ Applicable to crimes against chastity, less
treachery, it is impossible for either the intended serious physical injuries, light or grave
victim or the actual victim to defend himself coercion, and murder.
against the aggression.
Par. 18. That the crime be committed after an
TREACHERY ABSORBS: unlawful entry.
1. Craft
2. Abuse of superior strength UNLAWFUL ENTRY - when an entrance is effected
3. Employing means to weaken the defense by a way not intended for the purpose.
QuickTime™ and a
4. Cuadrilla (“band”)
TIFF (Uncompressed) decompressor
are needed to see this picture.
5. Aid of armed men NOTE: Unlawful entry must be a means to effect
6. Nighttime entrance and not for escape.

REASON FOR AGGRAVATION:


One who acts, not respecting the walls erected by
men to guard their property and provide for their
personal safety, shows a greater perversity, a greater
audacity; hence, the law punishes him with more
severity.

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Par. 19. That as a means to the commission of a ƒ Intended to counteract the great facilities
crime, a wall, roof, floor, door, or window be found by modern criminals in said means to
broken. commit crime and flee and abscond once the
same is committed.

ƒ Use of motor vehicle is aggravating where


ƒ Applicable only if such acts were done by the accused purposely and deliberately used
the offender to effect ENTRANCE. If the the motor vehicle in going to the place of the
wall, etc., is broken in order to get out of the crime, in carrying away the effects thereof,
place, it is not an aggravating circumstance. and in facilitating their escape.

ƒ It is NOT necessary that the offender should MEANING OF “or other similar means”
have entered the building Therefore, If the Should be understood as referring to motorized
offender broke a window to enable himself to vehicles or other efficient means of transportation
reach a purse with money on the table near similar to automobile or airplane.
that window, which he took while his body
was outside of the building, the crime of theft
was attended by this aggravating Par. 21. That the wrong done in the commission
circumstance. of the crime be deliberately augmented by
causing other wrong not necessary for its
PAR. 19 PAR. 18 commission
It involves the breaking Presupposes that there
(rompimiento) of the is no such breaking as CRUELTY – there is cruelty when the culprit enjoys
enumerated parts of by entry through the and delights in making his victim suffer slowly and
the house. window. gradually, causing unnecessary physical pain in the
consummation of the criminal act.
NOTE: Breaking in is lawful in the following
instances: Requisites:
1. An officer, in order to make an arrest, may 1. That the injury caused be deliberately
break open a door or window of any building increased by causing other wrong;
in which the person to be arrested is or is 2. That the other wrong be unnecessary for the
reasonably believed to be; execution of the purpose of the offender.
2. An officer, if refused admittance, may break
open any door or window to execute the ƒ Cruelty is not inherent in crimes against persons.
search warrant or liberate himself, ƒ In order for it to be appreciated, there must be
3. Replevin, Section 4, Rule 60 of the Rules of positive proof that the wounds found on the body
Court of the victim were inflicted while he was still alive
in order unnecessarily to prolong physical
Par. 20. That the crime be committed suffering.
(1) with the aid of persons under fifteen (15) ƒ Cruelty cannot be presumed
years of age, or ƒ If the victim was already dead when the acts of
(2) by means of motor vehicles, airships, or mutilation were being performed, this would also
other similar means. qualify the killing to murder due to outraging of
his corpse.
TWO DIFFERENTTIFFCIRCUMSTANCES
QuickTime™ and a
(Uncompressed) decompressor
GROUPED
IN THIS PARAGRAPH: are needed to see this picture. IGNOMINY (PAR.17) CRUELTY (PAR. 21)
1. With the aid of persons under fifteen years of Involves MORAL Refers to PHYSICAL
age: suffering suffering
ƒ Intends to repress, so far as possible, the
frequent practice resorted to by professional ¾ Unlike mitigating circumstances (par. 10, Art.
criminals to avail themselves of minors taking 13), there is NO provision for aggravating
advantage of their irresponsibility. circumstances of a similar or analogous
2. By means of motor vehicles, airships, or character.
other similar means:

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When Relationship Mitigating And When


CHAPTER FIVE Aggravating:
ALTERNATIVE CIRCUMSTANCES 1. As a rule, relationship is mitigating in crimes
against property, by analogy to the provisions of
Art. 332.
ƒ Thus, relationship is mitigating in the crimes
of robbery (Arts. 294-302), usurpation (Art.
312), fraudulent insolvency (Art. 314) and
ALTERNATIVE CIRCUMSTANCES – Those arson (Arts. 321-322, 325-326).
which must be taken into consideration as
aggravating or mitigating according to the 2. In crimes against persons –
nature and effects of the crime and the other a) It is aggravating where the offended party is
conditions attending its commission. a relative of
I. a higher degree than the offender, or
II. when the offender and the offended party
are relatives of the same level (e.g.
ART.15 Concept of Alternative Circumstances brothers)

BASIS: b) But when it comes to physical injuries:


The nature and effects of the crime and the other i. It is aggravating when the crime
conditions attending its commission. involves serious physical injuries (Art.
263), even if the offended party is a
THE ALTERNATIVE CIRCUMSTANCES ARE: descendant of the offender. But the
1. Relationship; serious physical injuries must not be
2. Intoxication; and inflicted by a parent upon his child by
3. Degree of instruction and education of the excessive chastisement.
offender. ii. It is mitigating when the offense
committed is less serious physical
RELATIONSHIP injuries or slight physical injuries, if the
The alternative circumstance of relationship shall be offended party is a relative of a lower
taken into consideration when the offended party is degree.
the – iii. It is aggravating if the offended party is
1. Spouse, a relative of a higher degree of the
2. Ascendant, offender.
3. Descendant,
4. Legitimate, natural, or adopted brother or c) When the crime is homicide or murder,
sister, or relationship is aggravating even if the victim
5. Relative by affinity in the same degree of the of the crime is a relative of a lower degree.
offender.
d) In rape, relationship is aggravating where a
Other Relatives Included (By Analogy): stepfather raped his stepdaughter or in a
1. The relationship of stepfather or stepmother case where a father raped his own daughter.
and stepson or stepdaughter.
REASON: It is the duty of the 3. In crimes against chastity, like acts of
stepparents QuickTime™
to bestow upon their lasciviousness (Art. 336), relationship is always
and a
stepchildren a mother’s/father’s
TIFF (Uncompressed) decompressor affection, aggravating, regardless of whether the offender
are needed to see this picture.
care and protection. is a relative of a higher or lower degree of the
2. The relationship of adopted parent and offended party.
adopted child.
ƒ When the qualification given to the crime is
NOTE: But the relationship of uncle and niece is not derived from the relationship between the
covered by any of the relationship mentioned. offender and the offended party, it is neither
mitigating nor aggravating, because it is
inseparable from and inherent in the offense.
(e.g. parricide, adultery and concubinage).

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INTOXICATION
TITLE TWO
When Intoxication Mitigating And When
Aggravating:
1. Mitigating – PERSONS CRIMINALLY LIABLE FOR
i. If intoxication is not habitual, or FELONIES
ii. If intoxication is not subsequent to the plan to
commit a felony.
ART.16.WHO ARE CRIMINALLY LIABLE
2. Aggravating –
i. If intoxication is habitual, or ƒ Note that accessories are not liable for light
ii. If it is intentional (subsequent to the plan to felonies. REASON: In the commission of light
commit a felony). felonies, the social wrong as well as the
individual prejudice is so small that penal
To Be Entitled To The Mitigating Circumstance Of sanction is unnecessary.
Intoxication, It Must Be Shown:
1. That at the time of the commission of the ƒ The classification of the offenders as principal,
criminal act, the accused has taken such accomplice or an accessory is essential under
quantity of alcoholic drinks as to blur his the RPC. The classification maybe applied to
reason and deprive him of a certain degree special laws only if the latter provides for the
of control, and same graduated penalties as those provided
2. That such intoxication is not habitual, or under the RPC.
subsequent to the plan to commit the felony.
ƒ To be mitigating, the accused’s state of There Are Two Parties In All Crimes:
intoxication must be proved. Once
intoxication is established by satisfactory 1. Active subject (the criminal)
evidence, in the absence of proof to the ƒ Art. 16 enumerates the active subjects
contrary, it is presumed to be non-habitual or of the crime.
unintentional. 2. Passive subject (the injured party)
ƒ Is the holder of the injured right: the
INSTRUCTION OR EDUCATION man, the juristic person, the group, and
ƒ As an alternative circumstance it does not the State.
refer only to literacy but more to the level of ƒ Note: Only natural persons can be the
intelligence of the accused. active subject of crime because of the
ƒ Refers to the lack or presence of sufficient highly personal nature of the criminal
intelligence and knowledge of the full responsibility.
significance of one’s acts.
ƒ Low degree of instruction and education ƒ However, corporation and partnership
or lack of it is generally mitigating. High can be a passive subject of a crime.
degree of instruction and education is
aggravating, when the offender took ƒ GENERALLY: Corpses and animals
advantage of his learning in committing the cannot be passive subjects because
crime. they have no rights that may be
injured.
GENERAL RULE: Lack of sufficient education is EXCEPTION: Under Art. 253, the
mitigating.
QuickTime™ and a
TIFF (Uncompressed) decompressor
crime of defamation may be
EXCEPTIONS:
are needed to see this picture. committed if the imputation tends to
1. Crimes against property (e.g. arson, blacken the memory of one who is
estafa, theft, robbery) dead.
2. Crimes against chastity, and
3. Treason – because love of country ƒ This article applies only when the
should be a natural feeling of every offenders are to be judged by their
citizen, however unlettered or uncultured individual, and not collective, liability.
he may be.

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ART.17.PRINCIPALS 1. Spontaneous agreement at the moment of


the commission of the crime
THREE TYPES OF PRINCIPALS: 2. Active cooperation by all the offenders in the
1. Principal by DIRECT PARTICIPATION perpetration of the crime
(par.1) 3. Contribution by positive acts to the realization
2. Principal by INDUCTION (par.2) of a common criminal intent
3. Principal by INDISPENSABLE 4. Presence during the commission of the crime
COOPERATION (par.3) by a band and lending moral support thereto.
• While conspiracy may be implied from the
circumstances attending the commission of the
crime, it is nevertheless a rule that conspiracy
Par. 1 – Principals by direct participation must be established by positive and conclusive
evidence.
Requisites:
NOTES:
1. That they participated in the criminal ƒ Conspirator is not liable for the crimes of the
resolution; and (conspiracy) others which are not the object of the conspiracy
2. That they carried out their plan and nor are logical or necessary consequences
personally took part in its execution by acts thereof
which directly tended to the same end.
ƒ Regarding multiple rape – each rapist is liable for
NOTE: If the second element is missing, those who another’s crime because each cooperated in the
did not participate in the commission of the acts of commission of the rapes perpetrated by the
execution cannot be held criminally liable, unless the others
crime agreed to be committed is treason, sedition, EXCEPTION: in the crime of murder w/
coup d’ etat or rebellion. treachery – all the offenders must at least
know that there will be treachery in executing
MEANING OF “personally took part in its the crime or cooperate therein.
execution”
ƒ No such thing as conspiracy to commit an
ƒ That the principal by direct participation must offense through negligence. However, special
be at the scene of the commission of the laws may make one a co-principal.
crime, personally taking part in its execution.
ƒ Under conspiracy, although he was not ƒ Conspiracy is negated by the acquittal of co-
present in the scene of the crime, he is defendant.
equally liable as a principal by direct
participation. Par. 2 – Principals by induction
Ex: One serving as guard pursuant to the
conspiracy is a principal by direct
participation Requisites:
1. That the inducement be made directly with
CONSPIRACY – there is unity of purpose and the intention of procuring the commission of
intention. the crime; and
2. That such inducement be the determining
How conspiracy is established:
QuickTime™ and a cause of the commission of the crime by the
• It is proven by TIFF
overt(Uncompressed) decompressor
acttoand
are needed see thisbeyond
picture. reasonable material executor.
doubt
• Mere knowledge or approval is insufficient ƒ One cannot be held guilty of having instigated the
• It is not necessary that there be formal commission of the crime without first being
agreement shown that the crime was actually committed (or
• Conspiracy is implied when the accused had a attempted) by another.
common purpose and were united in execution. ƒ Thus, there can be no principal by inducement
• Unity of purpose and intention in the commission (or by indispensable cooperation) unless there is
of the crime may be shown in the following a principal by direct participation. But there can
cases: be a principal by direct participation without a

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principal by inducement (or by indispensable ƒ If the person who actually committed the crime
cooperation). had reason of his own to commit the crime, it
cannot be said that the inducement was
influential in producing the criminal act.
Two Ways Of Becoming Principal By Induction:
1. By directly forcing another to commit a crime PRINCIPAL BY OFFENDER WHO
by : INDUCEMENT MADE PROPOSAL TO
a) Using irresistible force. COMMIT A FELONY
b) Causing uncontrollable fear.
ƒ In these cases, there is no conspiracy, not In both
even a unity of criminal purpose and
intention. Only the one using the force or
causing the fear is criminally liable. The There is an inducement to commit a crime
material executor is not criminally liable When liable
because of Art. 12, pars. 5 and 6
(exempting circumstances)
Becomes liable only The mere proposal to
2. By directly inducing another to commit a when the crime is commit a felony is
crime by – committed by the punishable in treason or
a) Giving of price, or offering of reward or principal by direct rebellion. However, the
promise. participation. person to whom the
ƒ The one giving the price or offering the proposal is made should
reward or promise is a principal by not commit the crime,
inducement while the one committing the
crime in consideration thereof is a principal Otherwise, the proponent
by direct participation. There is collective becomes a principal by
criminal responsibility. inducement.
What kind of crime involved
b) Using words of command
ƒ The person who used the words of Involves any crime The proposal to be
command is a principal by inducement punishable must involve
while the person who committed the crime only treason or rebellion.
because of the words of command is a
principal by direct participation. There is
also collective criminal responsibility. Effects Of Acquittal Of Principal By Direct
Participation Upon Liability Of Principal By
Requisites for words of command to be Inducement:
considered inducement:
1. Conspiracy is negatived by the acquittal of co-
1. Commander has the intention of procuring
the commission of the crime defendant.
2. Commander has ascendancy or influence
2. One cannot be held guilty of having instigated the
3. Words used be so direct, so efficacious, so
powerful commission of a crime without first being shown
4. Command be uttered prior to the commission that the crime has been actually committed by
another.
5. Executor had no personal
QuickTime™ andreason
a
TIFF (Uncompressed) decompressor
are needed to see this picture.
ƒ But if the one charged as principal by direct
NOTE: Words uttered in the heat of anger and in the participation is acquitted because he acted
without criminal intent or malice, his acquittal
nature of the command that had to be obeyed do not
make one an inductor. is not a ground for the acquittal of the
principal by inducement.
ƒ The inducement must precede the act induced
and must be so influential in producing the ƒ REASON FOR THE RULE: In exempting
criminal act that without it, the act would not have circumstances, such as when the act is not
voluntary because of lack of intent on the
been performed. Mere imprudent advice is not
inducement. part of the accused, there is a crime

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committed, only that the accused is not a QUASI-COLLECTIVE criminal responsibility:


criminal. Some of the offenders in the crime are principals and
the others are accomplices.
Par. 3 – Principal by indispensable ART.18.ACCOMPLICES–
cooperation
ACCOMPLICES - Persons who do not act as
Requisites: principals but cooperate in the execution of the
offense by previous and simultaneous acts, which are
1. Participation in the criminal resolution, that is, not indispensable to the commission of the crime.
there is either anterior conspiracy or unity of They act as mere instruments that perform acts not
criminal purpose and intention immediately essential to the perpetration of the offense
before the commission of the crime charged;
and Requisites: (the following must concur)
2. Cooperation in the commission of the offense 1. That there be community of design; that is,
by performing another act, without which it knowing the criminal design of the principal
would not have been accomplished. by direct participation, he concurs with the
latter his purpose;
MEANING OF “cooperation in the commission of 2. That he cooperates in the execution of the
the offense” offense by previous or simultaneous acts,
To desire or wish in common a thing. But that with the intention of supplying material or
common will or purpose does not necessarily mean moral aid in the execution of the crime in an
previous understanding, for it can be explained or efficacious way; and
inferred from the circumstances of each case.
3. That there be a relation between the acts
NOTE: If the cooperation is not indispensable, done by the principal and those attributed to
the offender is only an accomplice. the person charged as an accomplice.

Collective Criminal Responsibility: NOTES:


ƒ Before there could be an accomplice, there
ƒ This is present when the offenders are criminally must be a principal by direct participation.
liable in the same manner and to the same
extent. The penalty to be imposed must be the ƒ The person charged as an accomplice should
same for all. not have inflicted a mortal wound. If he inflicted
ƒ Principals by direct participation have collective a mortal wound, he becomes a principal by
criminal responsibility. Principals by induction, direct participation.
(except those who directly forced another to
commit a crime) and principals by direct ƒ In case of doubt, the participation of the
participation have collective criminal offender will be considered that of an
responsibility. Principals by indispensable accomplice rather than that of a principal.
cooperation have collective criminal
responsibilities with the principals by direct
participation. ART.19.ACCESSORIES

Individual Criminal QuickTime™ and a


Responsibility:
TIFF (Uncompressed) decompressor
are needed to see this picture.
Accessories are those who:
ƒ In the absence of any previous conspiracy, 1. having knowledge of the commission of the
unity of criminal purpose and intention crime, and
immediately before the commission of the 2. without having participated therein either as
crime, or community of criminal design, the principals or accomplices, take part
criminal responsibility arising from different acts subsequent to its commission in any of the
directed against one and the same person is following acts:
considered as individual and not collective, and a. By profiting themselves or assisting the
each of the participants is liable only for the act offender to profit by the effects of the
committed by him. crime.

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b. Assisting the offender to profit by the


effects of the crime. Requisites:
c. By concealing or destroying the body of
1. The accessory is a public officer.
the crime to prevent its discovery.
2. He harbors, conceals, or assists in the
escape of the principal.
In profiting by the effects of the crime, the accessory
3. The public officer acts with abuse of his
must receive the property from the principal. He
public functions.
should not take it without the consent of the principal.
4. The crime committed by the principal is
If he took it without the consent of the principal, he is
any crime, provided it is not a light felony.
not an accessory but a principal in the crime of theft.
2. PRIVATE persons who harbor, conceal or
EXAMPLE:
assist in the escape of the author of the crime
who is guilty of treason, parricide, murder, or
PAR. 1 - person received and used property from attempts against the life of the President, or
another, knowing it was stolen who is known to be habitually guilty of some
other crime.
PAR. 2 - placing a weapon in the hand of the
dead who was unlawfully killed to plant evidence, Requisites:
or burying the deceased who was killed by the
principals 1. The accessory is a private person.
2. He harbors, conceals or assists in the
PAR. 3 - a) public officers who harbor, conceal or escape of the author of the crime.
assist in the escape of the principal of any crime 3. The crime committed by the principal is
(not light felony) with abuse of his public either:
functions a. Treason,
b. Parricide,
b) private persons who harbor, conceal or assist c. Murder,
in the escape of the author of the crime – guilty of d. An attempt against the life of the
treason, parricide, murder or an attempt against President, or
the life of the President, or who is known to be e. That the principal is known to be
habitually guilty of some crime. habitually guilty of some other crime.
GENERAL RULE: If the Principal is acquitted the
Accessory is also acquitted. The responsibility of the ƒ Neither the letter nor the spirit of the law requires
accessory is subordinate to that of the principal in a that the principal be convicted before one may be
crime punished as an accessory. As long as the corpus
Exception: When the crime was in fact delicti is proved and the accessory’s participation
committed by the principal, but the principal is as such is shown, he can be held criminally
covered by exempting circumstances (Art 12) responsible and meted out the corresponding
and as a result he is not held liable. However, it is penalty (Inovero vs. Coronel, CA, 65 O.G.
possible that the accessory may still be held 3160).
liable even if the principal was acquitted by an
exempting circumstance ƒ The prescribed acts of the accessory under par.
2 must have been intended to prevent the
ƒ Trial of accessory may proceed without awaiting
QuickTime™ and a discovery of the crime, hence, mere silence does
the result of TIFF
the separate
(Uncompressed) charge against the
decompressor
are needed to see this picture. not make one an accessory. If, however, the
principal because the criminal responsibilities are crime involved is a conspiracy to commit treason,
distinct from each other his silence may hold him liable for misprision of
treason (Art. 116) but as a principal thereof.
Two classes of accessories contemplated in par.
3 of art. 19 ƒ Where the accused misleads the authorities by
1. PUBLIC officers, who harbor, conceal or giving them false information, such act is
assist in the escape of the principal of any equivalent to concealment and he should be held
crime (not light felony) with abuse of his as an accessory.
public functions.

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3. descendant, or
PRINCIPAL ACCESSORY 4. legitimate, natural or adopted brother, sister
or relative by affinity within the same degree.
Takes direct part or cooperates Does NOT take direct
in, or induces the commission part or cooperates in, or
Accessory Is Not Exempt From Criminal Liability
of the crime induces the commission Even If The Principal Is Related To Him, If Such
of the crime Accessory –
cooperates in the commission does not take part in the
of the offense by acts either commission of the 1. profited by the effects of the crime, or
2. assisted the offender to profit by the effects
prior thereto or simultaneous offense
of the crime.
therewith
REASON: Because such acts are prompted not by
Participates during commission Participation of the affection but by a detestable greed.
of the crime accessory in all cases
always SUBSEQUENT
to the commission of the NOTES:
crime ƒ Nephew and Niece not included
ƒ Public officer contemplated in par. 3 of Art. 19 is
exempt by reason of relationship to the principal,
even if such public officer acted with abuse of his
official functions.
ANTI-FENCING LAW OF 1979
REASON: Ties of blood or relationship
PRES. DECREE 1612 constitutes a more powerful incentive than the
call of duty.
P.D. 1829 penalizes the act of any person who
FENCING– is an act, with intent to gain, of buying, knowingly or willfully obstructs, impedes, frustrates or
selling, receiving, possessing, keeping, or in any delays the apprehension of suspects and the
other manner dealing in anything of value which a investigation and prosecution of criminal cases.
person knows or should have known to be derived
from the proceeds of the crime of robbery or theft. ƒ The benefits of the exception in Art. 20 do
not apply to PD 1829.
FENCE– is a person who commits the act of fencing.
A fence who receives stolen property as above-
provided is not an accessory but a principal in the
TITLE THREE
crime defined in and punished by the Anti-Fencing
PENALTIES
Law.
Mere possession of anything of value which has been
the subject of robbery or theft shall be prima facie
evidence of fencing.

Chapter One : PENALTIES IN GENERAL


ART.20.ACCESSORIES WHO ARE EXEMPT FROM
CRIMINAL LIABILITY

BASIS: QuickTime™ and a PENALTY – suffering inflicted by the State for the
The exemption provided for in this
TIFF (Uncompressed) article is based on
decompressor
are needed to see this picture. transgression of a law.
the ties of blood and the preservation of the
cleanliness of one’s name, which compels one to Different Juridical Conditions Of Penalty:
conceal crimes committed by relatives so near as
those mentioned in this article. 1. Must be productive of suffering, without
however affecting the integrity of the human
personality.
AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY 2. Must be commensurate with the offense –
WHEN THE PRINCIPAL IS HIS : different crimes must be punished with
1. spouse, or different penalties.
2. ascendant, or

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3. Must be personal – no one should be REASON: Because a law cannot be rationally


punished for the crime of another. obeyed unless it is first shown, and a man cannot be
4. Must be legal – it is the consequence of a expected to obey an order that has not been given.
judgment according to law. ƒ It is a guaranty to the citizens of this country
5. Must be certain – no one may escape its that no act will be considered criminal until
effects. the Government has made it so by law and
6. Must be equal for all. has provided a penalty.
7. Must be correctional. ƒ Subsidiary penalty for a crime cannot be
imposed, if it was “not prescribed by law prior
to its commission” (US vs. Macasaet
Purpose Of The State In Punishing Crimes
11Phil.447)
The State has an existence of its own to maintain, a
conscience to assert, and moral principles to be
vindicated. Penal justice must therefore be exercised ART.22.RETROACTIVE EFFECT OF PENAL LAWS
by the State in the service and satisfaction of a duty,
and rests primarily on the moral rightfulness of the NOTE: According to Reyes, Art. 22 is NOT applicable
punishment inflicted (to secure justice). The basis of to the provisions of the RPC. Its application to the
the right to punish violations of penal law is the police RPC can only be invoked where some former or
power of the State. subsequent law is under consideration.

GENERAL RULE: Penal laws are applied


Theories Justifying Penalty: prospectively.
EXCEPTION: When retrospective application will
1. Prevention – to prevent or suppress the be favorable to the person guilty of a felony;
danger to the State arising from the criminal Provided that:
act of the offender.
2. Self-defense – so as to protect society from 1. The offender is NOT a habitual criminal
the threat and wrong inflicted by the criminal. (delinquent) under Art. 62(5);
3. Reformation – the object of punishment in 2. The new or amendatory law does NOT
criminal cases is to correct and reform the provide against its retrospective application.
offender.
4. Exemplarity – the criminal is punished to The favorable retroactive effect of a new law may
serve as an example to deter others from find the defendant in one of the 3 situations:
committing crimes. 1. The crime has been committed and the
5. Justice – that crime must be punished by the prosecution begins
State as an act of retributive justice, a 2. The sentence has been passed but service
vindication of absolute right and moral law has not begun
violated by the criminal. 3. The sentence is being carried out

HABITUAL DELINQUENT - A person who, within a


Three-Fold Purpose Of Penalty Under The Code: period of ten years from the date of his release or last
1. Retribution or expiation – the penalty is conviction of the crimes of serious or less serious
commensurate with the gravity of the offense. physical injuries, robbery, theft, estafa, or falsification,
2. Correction or reformation – shown by the rules is found guilty of any said crimes a third time or
which regulate the execution of the penalties oftener.
consisting in deprivation of liberty.
QuickTime™ and a
TIFF (Uncompressed) decompressor EX POST FACTO LAW - An act which when
3. Social defense are – needed
shown to seeby
this its inflexible severity
picture.
committed was not a crime, cannot be made so by
to recidivists and habitual delinquents. statute without violating the constitutional inhibition as
to ex post facto laws. An ex post facto law is one
which:
ART.21.PENALTIES THAT MAY BE IMPOSED
1. Makes criminal an act done before the
RULE: A felony shall be punishable only by the passage of the law and which was innocent
penalty prescribed by law at the time of its when done;
commission. (Art. 21 simply announces the policy of 2. Aggravates a crime, or makes it greater
the state as regards punishment of crimes) than it was, when committed;

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3. Changes the punishment and inflicts a 3. When there is a saving clause.


greater punishment than the law annexed
to the crime when committed; BILL OF ATTAINDER – A legislative act which
4. Alters the legal rules of evidence, and inflicts punishment without trial.
authorizes conviction upon a less or different
testimony than the law required at the time of
the commission of the offense; ART.23.EFFECT OF PARDON BY THE OFFENDED
5. Assumes to regulate civil rights and PARTY–
remedies only, in effect imposing a penalty
or deprivation of a right for something which GENERAL RULE: Pardon by the offended party
when done was lawful; and does not extinguish the criminal liability of the
6. Deprives a person accused of a crime of offender. REASON: A crime committed is an offense
some lawful protection to which he has against the State. Only the Chief Executive can
become entitled, such as the protection of a pardon the offenders.
former conviction or acquittal, or a
EXCEPTION: Pardon by the offended party will
proclamation of amnesty.
bar criminal prosecution in the following crimes:
ƒ Adultery and Concubinage (Art. 344,
ƒ If retroactive effect of a new law is justified, it
RPC)
shall apply to the defendant even if he is:
1. presently on trial for the offense; – EXPRESS or IMPLIED pardon must
2. has already been sentenced but service be given by offended party to BOTH
of which has not begun; or offenders.
3. already serving sentence
– Pardon must be given PRIOR to
institution of criminal action.
ƒ The retroactive effect of criminal statutes does
NOT apply to the culprit’s civil liability. ƒ Seduction, Abduction, Acts of
Lasciviousness (Art. 344, RPC)
ƒ REASON: The rights of offended persons or
innocent third parties are not within the gift of - EXPRESS pardon given by offended
arbitrary disposal of the State. party or her parents or grandparents
or guardian
ƒ The provisions of Art. 22 are applicable even to
special laws which provide more favorable - Pardon must be given PRIOR to the
conditions to the accused. institution of the criminal action.
However, marriage between the
ƒ New law may provide that its provisions not to be offender and the offended party
applied to cases already filed in court at the time EVEN AFTER the institution of the
of the approval of such law. criminal action or conviction of the
offender will extinguish the criminal
action or remit the penalty already
Criminal liability under the repealed law imposed against the offender, his co-
SUBSISTS: principals, accomplices and
accessories after the fact.
1. When the provisions of the former law are
reenacted; or ƒ Rape (as amended by R.A. 8353)
(Note: The right to QuickTime™
punish and offenses committed
under an old penal law is
TIFF (Uncompressed) not
a
extinguished
decompressor if the - The subsequent valid marriage
are needed to see this picture.
offenses are still punishable in the repealing between the offender and the
penal law.) offended party shall extinguish
2. When the repeal is by implication; or criminal liability or the penalty
(Note: When a penal law, which impliedly imposed. In case the legal husband
repealed an old law, is itself repealed, the repeal is the offender, subsequent
of the repealing law revives the prior penal law, forgiveness by the wife as offended
unless the language of the repealing statute party shall also produce the same
provides otherwise. If the repeal is absolute, effect.
criminal liability is obliterated.)

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NOTE: 192, PD No. 603) and for the purposes


specified therein.
ƒ Pardon by the offended party under Art. 344 is
3. Suspension from the employment or public
ONLY A BAR to criminal prosecution; it is NOT
office during the trial or in order to institute
a ground for extinguishment of criminal liability.
proceedings.
It DOES NOT extinguish criminal liability. It is
4. Fines and other corrective measures which,
not one of the causes that totally extinguish
in the exercise of their administrative or
criminal liability in Art 89
disciplinary powers, superior officials may
ƒ Nevertheless, civil liability may be extinguished
impose upon their subordinates.
by the EXRESS WAIVER of the offended
5. Deprivation of rights and the reparations
party.Civil liability w/ regard to the interest of
which the civil law may establish in penal
the injured party is extinguished by the latter’s
form.
express waiver because personal injury may
be repaired through indemnity. Waiver must be
express. State has no reason to insist on its Reasons why they are not penalties:
payment.
1. Because they are not imposed as a result of
judicial proceedings. Those mentioned in
AN OFFENSE CAUSES TWO CLASSES OF paragraphs 1, 3 and 4 are merely preventive
INJURIES: measures before conviction of offenders.
2. The offender is not subjected to or made to suffer
SOCIAL INJURY PERSONAL INJURY these measures in expiation of or as punishment
Produced by the Caused to the victim of the for a crime.
disturbance and crime who suffered
alarm which are the damage either to his Note: Those in par 1, 3 and 4 are merely preventive
outcome of the person, to his property, to measures before the conviction of offenders.
offense. his honor or to her
chastity. ƒ Par. 1 refers to “accused persons” who are
detained “by reason of insanity or imbecility.”
It does not refer to the confinement of an
Is sought to be Is repaired through insane or imbecile who has not been
repaired through the indemnity. arrested for a crime. It
imposition of the
corresponding ƒ Paragraphs 3 and 4 refer to administrative
penalty. suspension and administrative fines and not
The offended party The offended party may to suspension or fine as penalties for
cannot pardon the waive the indemnity and violations of the RPC. Fines in par. 4 do not
offender so as to the State has no reason to constitute as penalties because they are not
relieve him of the insist in its payment. imposed by the court.
penalty.
ƒ The deprivations of rights established in
penal form by the civil laws is illustrated in
ART.24.MEASURES OF PREVENTION the case of parents who are deprived of their
OR SAFETY, WHICH ARE NOT CONSIDERED parental authority if found guilty of the crime
PENALTIES
QuickTime™ and a
of corruption of their minor children, in
TIFF (Uncompressed) decompressor
are needed to see this picture.
accordance with Art. 332 of the Civil Code.
The Following Shall Not Be Considered As
Penalties: ƒ Where a minor offender was committed to a
1. The arrest and temporary detention of reformatory pursuant to Art. 80 (now, PD
accused persons, as well as their detention 603), and while thus detained he commits a
by reason of insanity or imbecility, or illness crime therein, he cannot be considered a
requiring their confinement in a hospital. quasi-recidivist since his detention was only
2. The commitment of a minor to any of the a preventive measure, whereas a quasi-
institutions mentioned in Art. 80 (now Art. recidivism presupposes the commission of a

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Distinction between classification of Penalties in
crime during the service of the penalty for a Art. 9 and Art. 26
previous crime. Article 9 Article 26
Affli
ƒ Commitment of a minor is not a penalty Applicable in Applicable in determining ctive
because it is not imposed by the court in a determining the the prescriptive period of –
judgment. The imposition of the sentence in prescriptive period of penalties over
such a case is suspended. felonies 600
0;
Corr
ART. 26: WHEN AFFLICTIVE, CORRECTIONAL, ecti
OR LIGHT PENALTY onal – 201 to 6000; Light – 200 and less

Fines:
1. Afflictive – over 6000
2. Correctional – 201 to 6000
3. Light – 200 and less

NOTES:
ƒ The classification applies if the fine is imposed
as a single or alternative penalty. Hence, it
does not apply if the fine is imposed together
with another penalty.
ƒ Fines are imposed either as alternative (Ex: Art
144 punishing disturbance of proceedings with
arresto mayor or fine from 200 pesos to 1000
pesos) or single (Ex. fine of 200 to 6000 pesos)
ƒ Penalty cannot be imposed in the alternative
since it is the duty of the court to indicate the
penalty imposed definitely and positively. Thus,
the court cannot sentence the guilty person in a
manner as such as “to pay fine of 1000 pesos,
Chapter Three
or to suffer an imprisonment of 2 years, and to
DURATION AND EFFECTS OF PENALTIES
pay the costs.”
ƒ If the fine imposed by the law for the felony is
exactly 200 pesos, it is a light felony.
Section One. — Duration of Penalties
* People vs. Yu Hai (99 Phil. 725):
Under Art. 9, where the fine in question is
exactly P200, it is a light penalty, thus the Art. 27: RECLUSION PERPETUA
offense is a light felony; whereas under Art. 26,
1. Reclusión perpetua – 20 years and 1 day to
it is a correctional penalty, hence the offense
40 years
involved is a less grave felony. It that this
2. Reclusión temporal – 12 years and 1 day to
discrepancy should be resolved liberally in
20 years
favor of the accused, hence Art. 9 prevails over
3. Prisión mayor and temporary
Art. 26. QuickTime™ and a
TIFF (Uncompressed) decompressor disqualification – 6 years and 1 day to 12
are needed to see this picture.
years, except when disqualification is an
Bond to keep the peace is by analogy:
accessory penalty, in which case its duration
is that of the principal penalty
4. Prisión correccional, suspensión, and
destierro – 6 months and 1 day to 6 years,
except when suspensión is an accessory
penalty, in which case its duration is that of
the principal penalty
5. Arresto mayor – 1 month and 1 day to 6
months

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6. Arresto menor – 1 day to 30 days ƒ If offender is under preventive imprisonment,


7. Bond to keep the peace – The period is rule (c) applies, not rule (a).
discretionary on the court. ƒ The offender is entitled to a deduction of the
full time or 4/5 of the time of his detention.
NOTES:
1. Destierro is a principal, divisible and
correctional penalty. ART. 29: PERIOD OF PREVENTIVE
2. Cases when destierro imposed: IMPRISONMENT DEDUCTED FROM TERM OF
a. Serious physical injuries or death IMPRISONMENT
under exceptional circumstances
(Art. 247)
b. In case of failure to give bond for Instances when accused undergoes preventive
good behavior (Art. 284) suspension:
c. As a penalty for the concubine in 1. offense is non-bailable
concubinage (Art. 334) 2. bailable but can’t furnish bail
d. In cases where after reducing the
penalty by one or more degrees,
destierro is the proper penalty. Notes:
ƒ The full time or 4/5 of the time during which
the offenders have undergone preventive
ART. 28: COMPUTATION OF PENALTIES suspension shall be deducted from the
penalty imposed:
Rules on Computation of Penalties: ƒ full time: if the detention prisoner
1. When the offender is in prison – the agrees voluntarily in writing to abide
duration of the temporary penalties by the same disciplinary rules
(Permanent Absolute Disqualification, imposed upon convicted prisoners
Temporary Absolute Disqualification, ƒ four-fifths of the time: if the
detention, suspension) is from the day on detention prisoner does not agree to
which the judgment of conviction becomes abide by the same disciplinary rules
final. imposed upon convicted prisoners
2. When the offender is not in prison – the ƒ In the case of a youthful offender who has
duration of the penalty of deprivation of been proceeded against under the Child and
liberty is from the day that the offender is Youth Welfare Code, he shall be credited in
placed at the disposal of judicial authorities the service of his sentence with the full time
for the enforcement of the penalty of his actual detention, regardless if he
3. The duration of the other penalties – the agreed to abide by the same disciplinary
duration is from the day on w/c the offender rules of the institution or not.
commences to serve his sentence ƒ Offenders not entitled to be credited with the
full time or four-fifths of the time of their
NOTES: preventive imprisonment:
ƒ Reason for rule (a) – Under Art 24, the arrest ƒ Recidivists or those convicted
and temporary detention of the accused is previously twice or more times of any
not considered a penalty. crime.
ƒ if in custody, the accused appealed, the ƒ Those who, upon being summoned
service of the sentence should commence for the execution of their sentence,
from the TIFF
date ofQuickTime™
the promulgation
and a
(Uncompressed) decompressor
of the failed to surrender voluntarily
decision of the appellate
are needed court, not the trial
to see this picture. (convicts who failed to voluntarily
court’s. surrender to serve their penalties
ƒ Service in prison begins only on the day the under a final judgment, not those
judgment of conviction becomes final. who failed or refused to voluntarily
ƒ In cases of temporary penalties, and if the surrender after the commission of the
offender is under detention (as when crime)
undergoing preventive imprisonment), rule ƒ Habitual Delinquents are not entitled to credit
(a) applies. of time under preventive imprisonment since
ƒ If he is not under detention (released on bail), he is necessarily a recidivist or has been
rule (c) applies. convicted previously twice or more times of

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any crime. 2. Deprivation of the right to vote in any election


ƒ Duration of RP is to be computed at 30 or to be voted upon
years, thus, even if the accused is sentenced 3. Loss of rights to retirement pay or pension
to life imprisonment, he is entitled to the full
time or 4/5 of the time of preventive All these effects last during the lifetime of the
suspension convict and even after the service of the
ƒ Credit is given in the service of sentences sentence except as regards paragraphs 2 and 3
consisting of deprivation of liberty of the above in connection with Temporary
(imprisonment and destierro), whether Absolute Disqualification.
perpetual or temporal. Thus, persons who
had undergone preventive imprisonment but
the offense is punishable by a fine only would ART. 31: EFFECT OF THE PENALTIES OF
not be given credit. PERPETUAL OR TEMPORARY SPECIAL
ƒ Destierro is considered a “deprivation of DISQUALIFICATION
liberty.”
ƒ If the penalty imposed is arresto menor to ART. 32: EFFECT OF THE PENALTIES OF
destierro, the accused who has been in PERPETUAL OR TEMPORARY SPECIAL
prison for 30 days (arresto menor to 30 days) DISQUALIFICATION FOR THE EXERCISE OF
should be released because although the THE RIGHT OF SUFFRAGE
maximum penalty is destierro (6 months and
1 day to 6 years), the accused sentenced to
such penalty does not serve it in prison. NOTE: Temporary disqualification if imposed is an
accessory penalty. Its duration is that of the principal
penalty.
Section Two. — Effects of the
penaltiesaccording to their respective nature Effects of Perpetual and Temporary Special
Disqualification:
1. For public office, profession, or calling
ART. 30: EFFECTS OF THE PENALTIES OF a. Deprivation of the office,
PERPETUAL OR TEMPORARY ABSOLUTE employment, profession or calling
DISQUALIFICATION affected
NOTES: b. Disqualification for holding similar
ƒ The exclusion is a mere disqualification from offices or employment during the
protection, and not for punishment – the period of disqualification
withholding of a privilege, not a denial of a
right. 2. For the exercise of the right of suffrage
ƒ Perpetual absolute disqualification is a. Deprivation of the right to vote or to
effective during the lifetime of the convict and be elected in an office
even after the service of the sentence. b. Cannot hold any public office during
ƒ Temporary absolute disqualification is the period of disqualification
effective during the term of sentence and is
removed after the service of the same. ART. 33: EFFECTS OF THE PENALTIES OF
Exceptions: (1) deprivation of the public office SUSPENSION FROM ANY PUBLIC OFFICE,
or employment; (2) loss of all rights to PROFESSION OR CALLING, OR THE RIGHT
retirement pay or other pension for any office OF SUFFRAGE
formerly held. QuickTime™ and a
TIFF (Uncompressed) decompressor
ƒ A plebiscite isare not mentioned
needed to see this picture. or contemplated

in Art.30, par. 2 (deprivation of the right to Effects:


vote), hence, the offender may vote in that 1. Disqualification from holding such office or
exercise, subject to the provisions of the exercise of such profession or right of
pertinent election laws at the time. suffrage during the term of the sentence
2. Cannot hold another office having similar
Effects of Perpetual and temporary absolute functions during the period of suspension
disqualification:
1. Deprivation of any public office or
employment of offender ART 34: CIVIL INTERDCTION

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Effects;Deprivation of the following rights: 2. if the facts and circumstances of the case
1. Parental rights show that the purpose of the President is to
2. Guardianship over the ward precisely restore the rights i.e., granting
3. Marital authority absolute pardon after election to a post
4. Right to manage property and to dispose of (mayor) but before the date fixed by law for
the same by acts inter vivos assuming office to enable him to assume the
position in deference to the popular will
Civil Interdiction is an accessory penalty to the
following principal penalties: Pardon by the offended party – does not extinguish
1. If death penalty is commuted to life criminal liability; may include offended party waiving
imprisonment civil indemnity and it should be done before the
2. Reclusion perpetua institution of the criminal prosecution and extended to
3. Reclusion temporal both offenders.
*He can dispose of such property by will or donation
mortis causa PARDON BY PARDON BY
THE CHIEF OFFENDED
EXECUTIVE PARTY (ART.
ART. 35: EFFECTS OF BOND TO KEEP THE (ART. 36) 23)
PEACE Crime Any crime, Crimes against
covered unless chastity under
otherwise the RPC only
Bond to keep the peace is different from bail bond
provided by or
which is posted for the provisional release of a
subject to
person arrested for or accused of a crime. Bond to
conditions in
keep the peace or for good behavior is imposed as a
the Constitution
penalty in threats.
or the laws
Extinguish- Extinguishes Does not
ART. 36: PARDON; ITS EFFECT ment of criminal liability extinguish
criminal criminal liability
NOTES: liability although it may
ƒ Pardon by the President does not restore the constitute a bar
right to public office or suffrage except when to the
both are expressly restored in the pardon. prosecution of
Nor does it exempt one from civil liability or the offender
from payment of civil indemnity. Effect on Cannot affect Offended party
civil liability the civil liability can waive the
ƒ Limitations to President’s power to pardon: ex delicto of the civil liability
o can be exercised only after final offender
judgment When Only after Only before the
o does not extend to cases of granted conviction by institution of the
impeachment final judgment criminal action
o does not extinguish civil liability – To whom Any or all of the In adultery and
only criminal liability granted accused concubinage,
must include
GENERAL RULE: Pardon granted
QuickTime™ and a in general terms
both offenders
TIFF (Uncompressed) decompressor
does not include accessory
are needed topenalties.
see this picture. Whether it May be Cannot validly
Exceptions: can be absolute or be made
1. if the absolute pardon is granted after the conditional conditional subject to a
term of imprisonment has expired, it removes condition
all that is left of the consequences of
conviction. However, if the penalty is life
imprisonment and after the service of 30
years, a pardon is granted, the pardon does ART. 37: COST; WHAT ARE INCLUDED
not remove the accessory penalty of absolute
perpetual disqualification Costs include:
1. fees

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2. indemnities, in the course of judicial subsidiary penalty should be imposed.


proceedings ƒ There is no subsidiary penalty for non-
payment of reparation, indemnification and
NOTE: costs in par 1, 2 and 4 of Art 38. It is only for
ƒ Costs (expenses of the litigation) are fines.
chargeable to the accused in case of ƒ Art 39 applies only when the convict has no
conviction. In case of acquittal, the costs are property with which to meet the fine in par 3
de oficio, each party bearing his own of art 38. Thus, a convict who has non-
expense. exempt property enough to meet the fine
ƒ No costs are allowed against the Republic of cannot choose to serve the subsidiary
the Philippines, until law provides the penalty instead of payment of the fine.
contrary. ƒ Subsidiary imprisonment is not an accessory
ƒ The payment of costs is fully discretionary on penalty. It is covered by Arts. 40-45 of this
the Court. Code. Accessory penalties are deemed
imposed even when not mentioned, while
ART. 38: PECUNIARY LIABILITIES; ORDER OF subsidiary imprisonment must be expressly
PAYMENT imposed.
Pecuniary liabilities of persons criminally liable,
in the following order: RULES AS TO SUBSIDIARY PENALTY
1. The reparation of the damage caused 1. If the penalty imposed is prisión correccional
2. Indemnification of the consequential or arresto and fine – subsidiary imprisonment
damages is not to exceed 1/3 of the term of the
3. Fine sentence, and in no case to continue for
4. Costs of proceedings more than one year. Fraction or part of a day,
not counted.
NOTES: 2. When the penalty imposed is fine only –
ƒ It is applicable in case the properties of the subsidiary imprisonment is:
offender are not sufficient for the payment of ƒ not to exceed 6 months – if the
all his pecuniary liabilities. Hence, if the culprit is prosecuted for grave
offender has insufficient or no property, there or less grave felony, and
is no use for Art 38. ƒ not to exceed 15 days – if
ƒ Order of payment is mandatory. prosecuted for light felony.
3. When the penalty imposed is higher than
Ex. Juan inflicted serious physical injuries against prisión correccional – no subsidiary
Pedro and took the latter’s watch and ring. He imprisonment.
incurred P500 worth of hospital bills and failed to 4. If the penalty imposed is not to be executed
earn P300 worth of salary. Given that Juan only by confinement, but of fixed duration –
has P1000 worth of property not exempt from subsidiary penalty shall consist in the same
execution, it shall first be applied to the payment deprivations as those of the principal penalty,
of the watch and ring which cannot be returned, under the same rules as nos. 1, 2 and 3
as such is covered by “reparation of the damage above.
caused,” thus, no. 1 in the order of payment. The 5. In case the financial circumstances of the
500 and 300 are covered by “indemnification of convict should improve, he shall pay the fine,
the consequential damage,” thus, no. 2 in the notwithstanding the fact that the convict
order of payment. QuickTime™ and a
TIFF (Uncompressed) decompressor suffered subsidiary personal liability therefor.
are needed to see this picture.

WHERE NO SUBSIDIARY PENALTY SHALL BE


ART. 39: SUBSIDIARY PENALTY IMPOSED:
1. The penalty imposed is higher than prisión
NOTES: correccional or 6 years,
ƒ When the penalty prescribed is 2. For non-payment of reparation or
imprisonment, it is the penalty actually indemnification,
imposed by the Court, not the penalty 3. For non-payment of costs, and
provided for by the Code, which should be 4. Where the penalty imposed is a fine and
considered in determining whether or not another penalty without fixed duration, like

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censure. ƒ No accessory penalty for destierro


ƒ Persons who served out the penalty may not
have the right to exercise the right of
Section Three. — Penalties in which other suffrage. For a prisoner who has been
accessory penalties are inherent sentenced to one year of imprisonment or
more for any crime, absolute pardon restores
to him his political rights. If the penalty is less
ART. 40: DEATH; ITS ACCESSORY PENALTIES than one year, disqualification does not
attach except if the crime done was against
ART. 41: RECLUSION PERPETUA AND property.
RECLUSION TEMPORAL; THEIR ACCESSORY ƒ The nature of the crime is immaterial when
PENALTIES the penalty imposed is one year
imprisonment or more.
ART. 42: PRISION MAYOR; ITS ACCESSORY ƒ The accessory penalties are understood to
PENALTIES be always imposed upon the offender by the
mere fact that the law fixes a certain penalty
ART. 43: PRISION CORRECCIONAL; ITS for the crime.
ACCESSORY PENALTIES ƒ The accessory penalties do not affect the
jurisdiction of the court in which the
ART. 44: ARRESTO; ITS ACCESSORY PENALTIES information is filed because they do not
modify or alter the nature of the penalty
Outline Of Accessory Penalties Inherent In provided by law. What determines jurisdiction
Principal Penalties in criminal cases is the principal penalty.

1. Death, if not executed because of RECLUSION LIFE IMPRISONMENT


commutation or pardon PERPETUA
a. perpetual absolute disqualification Specific duration of no definite term or
b. civil interdiction during 30 years (if 20 years and 1 day accessory penalties
not expressly remitted in the pardon) to 40 years and
2. Reclusion Perpetua and Reclusion Temporal accessory penalties
a. civil interdiction for life or during the
sentence
b. perpetual absolute disqualification
(unless expressly remitted in the Imposable on Imposable on crimes
pardon) felonies punished by punishable by special
3. Prision Mayor the RPC laws
a. temporary absolute disqualification
b. perpetual special disqualification
from suffage (unless expressly
remitted in the pardon)
4. Prision Correccional
a. suspension from public office,
profession or calling ART. 45: CONFISCATION AND FORFEITURE
b. perpetual special disqualification OF THE PROCEEDS OR INSTRUMENTS OF
from
QuickTime™ and a
suffrage decompressor
TIFF (Uncompressed) if the duration of the THE CRIME
are needed to see this picture.
imprisonment exceeds 18 months
(unless expressly remitted in the 1. Every penalty imposed carries with it the
pardon) forfeiture of the proceeds of the crime and
the instruments or tools used in the
NOTES: commission of the crime.
ƒ The accessory penalties in Art 40-44 must be 2. The proceeds and instruments/tools of the
suffered by the offender, although pardoned crime are confiscated in favor of the
as to the principal penalties. To be relieved of government.
rd
these penalties, they must be expressly 3. The property of 3 persons (not liable for the
remitted in the pardon. offense) is not subject to confiscation and

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forfeiture.
4. Property not subject of lawful commerce Chapter Four
(whether it belongs to the accused or a 3rd APPLICATION OF PENALTIES
person) shall be destroyed.

NOTES:
ƒ There cannot be confiscation or forfeiture Section One. — Rules for the application of
unless there’s a criminal case filed, tried and penalties to the persons criminally liable and for
accused is convicted. the graduation of the same.
ƒ Third person must be indicted to effect
confiscation of his property.
ƒ Instruments of the crime belonging to an
innocent 3rd person may be recovered. ART. 46: PENALTY TO BE IMPOSED UPON
ƒ Confiscation can be ordered only if the PRINCIPALS IN GENERAL
property is submitted in evidence or placed at
the disposal of the court.
ƒ When the order of forfeiture has already GENERAL RULE: The penalty prescribed by law in
become final, the articles which were forfeited general terms shall be imposed:
can not be returned, even in case of an 1. upon the principals
acquittal. 2. for consummated felony
ƒ There must be conviction by final judgment. EXCEPTION: when the law fixes a penalty for
However, even if the accused is acquitted on the frustrated or attempted felony. Whenever it is
reasonable doubt, but the instruments or believed that the penalty lower by one or two
proceeds are contraband, the judgment of degrees corresponding to said acts of execution
acquittal shall order their forfeiture for is not proportionate to the wrong done, the law
appropriate disposition. fixes a distinct penalty for the principal in the
ƒ Confiscation & forfeiture are additional frustrated or attempted felony.
penalties. When the penalty imposed did not
include the confiscation of the goods involved, The Graduation Of Penalties Refers To:
the subsequent confiscation & forfeiture of 1. By degree
said goods would be an additional penalty, a. stages of execution (consummated,
amounting to an increase of the penalty frustrated, attempted)
already imposed, thereby placing the accused b. degree of the criminal participation of
in double jeopardy. In case the accused the offender (principal, accomplice,
appeals, confiscation and forfeiture not accessory)
ordered by the trial court may be imposed by 2. By period
the appellate court a. (minimum, medium, maximum) -
ƒ The government can not appeal the refers to the proper period of the
modification of a sentence if the defendant did penalty w/c should be imposed when
not appeal. But if the defendant appeals, it aggravating or mitigating
removes all bars to the review and correction circumstances attend the
of the penalty imposed by the court below, commission of the crime
even if an increase thereof should be the
result
ART. 47: IN WHAT CASES THE DEATH
QuickTime™ and a PENALTY SHALL NOT BE IMPOSED
When Art. 45 cannot apply:
TIFF (Uncompressed) decompressor
are needed to see this picture.
1. The instruments belong to innocent third
parties Death Penalty Not Imposed In The Following
2. Such properties have not been placed under Cases:
the jurisdiction of the court 1. under age - when the offender is under 18
3. When it is legally or physically impossible. yrs of age at the time of commission.
ƒ Why? - Because minority is always
a mitigating circumstance
2. over age - when the person is more than 70
years old at time RTC sentenced him
3. no court majority - when upon appeal or

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automatic review of the case by the SC, Requisites:


the vote of eight members is not obtained for 1. that at least 2 offenses are
the imposition of death committed
2. that one or some of the offenses
must be necessary to commit the
JUSTIFICATION FOR THE DEATH PENALTY:
other
social defense and exemplarity. Not considered cruel
3. that both or all the offenses must be
and unusual because it does not involve torture or
punished under the same statute
lingering death.
No Single Act In The Following Cases:
CRIMES PUNISHABLE BY DEATH UNDER THE 1. when 2 persons are killed one after the other,
DEATH PENALTY LAW (RA 7659) by different acts, although these 2 killings
1. Treason were the result of a single criminal impulse.
2. Qualified Piracy The different acts must be considered as
3. Qualified Bribery distinct crimes.
4. Parricide 2. when the acts are wholly different, not only in
5. Murder themselves, but also because they are
6. Infanticide directed against 2 different persons, as when
7. Kidnapping and Serious Illegal Detention one fires his gun twice in succession, killing
8. Robbery – with Homicide, Rape, Intentional one and injuring the other.
Mutilation, or Arson
9. Rape – with the use of a deadly weapon, or Light felonies produced by the same act should be
by two or more persons treated and punished as separate offenses, or may
- where the victim became insane be absorbed by the grave felony.
- with Homicide
10. Qualified Rape NOTES:
11. Destructive Arson ƒ When in obedience to an order, several
12. Plunder accused simultaneously shot many persons,
13. Violation of certain provisions of the w/o evidence how many each killed, there is
Dangerous Drugs Act only a single offense, there being a single
14. Carnapping criminal impulse.
ƒ For the attainment of a single purpose w/c
constitutes an offense, various acts are
ART.48: PENALTY FOR COMPLEX CRIMES executed, such acts must be considered only
as one offense. (Gregorio does not agree
COMPLEX CRIME – although there actually are two with this.)
or more crimes, the law treats them as constituting ƒ When a complex crime is charged and one
only one- as there is only one criminal intent. Only offense is not proven, the accused can be
one information need be filed. convicted of the other.
ƒ There is no complex crime of arson w/
2 Kinds Of Complex Crimes: homicide.
1. compound crime – single act constitutes 2 ƒ Art 48 is applicable to crimes through
or more grave or less grave felonies negligence.
ƒ Kidnapping the victim to murder him in a
Requisites: secluded place – ransom wasn’t paid so
QuickTime™ and a
a. that
TIFFonly one single
(Uncompressed) act is performed
decompressor victim was killed. Kidnapping was a
are needed to see this picture.
by the offender necessary means to commit murder. But
b. that the single act produces where the victim was taken from his home
i. 2 or more grave felonies but it was solely for the purpose of killing him
ii. one or more grave and one and not for detaining him illegally or for the
or more less grave felonies purpose of ransom, the crime is simple
iii. 2 or more less grave felonies murder.
ƒ “Necessary means” does not mean
2. complex crime proper – when an offense is “indispensable means”. Indispensable
a necessary means for committing another would mean it is an element of the crime. The
crime can be committed by another mean.

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The means actually employed (another imprisonment while that for the other is fine,
crime) was merely to facilitate and insure the the severity of the penalty for the more
consummation of the crime. serious crime should not be judged by the
ƒ It is not a complex crime when trespass to classification of each of the penalties
dwelling is a direct means to commit a grave involved, but by the nature of the penalties.
offense. Like rape, there is no complex crime ƒ In the order of severity of the penalties,
of trespass to dwelling with rape. Trespass arresto mayor and arresto menor are
will be considered as aggravating (unlawful considered more severe than destierro and
entry or breaking part of a dwelling) arresto menor is higher in degree than
ƒ When the offender had in his possession the destierro.
funds w/c he misappropriated, the
falsification of a public or official document There is NO COMPLEX CRIME in the following:
involving said funds is a separate offense. 1. In case of continuing crimes
But when the offender had to falsify a public 2. When one offense is committed to conceal
or official document to obtain possession of the other
the funds w/c he misappropriated, the 3. When the other crime is an indispensable
falsification is a necessary means to commit part or an element of the other offenses as
the malversation. defined
ƒ There is no complex crime of rebellion w/ 4. Where one of the offenses is penalized by a
murder, arson, robbery or other common special law
crimes. They are mere ingredients of the 5. When the law provides one single penalty for
crime of rebellion – absorbed already. special complex crime:
(according to Ortega, complex) a. Robbery with Homicide
ƒ When 2 crimes produced by a single act are b. Robbery with Rape
respectively within the exclusive jurisdiction c. Rape with Homicide
of 2 courts of different jurisdiction, the court d. Kidnapping with Serious Physical
of higher jurisdiction shall try the complex Injuries
crime. e. Kidnapping with Homicide
ƒ Art. 48 is intended to favor the culprit.
ƒ The penalty for complex crime is the penalty PLURALITY OF CRIMES – consists in the
for the most serious crime, the same to be successive execution by the same individual of
applied in its maximum period. If the different different criminal acts upon any of which no
crimes resulting from one single act are conviction has yet been declared.
punished w/ the same penalty, the penalty for
any one of them shall be imposed, the same Kinds Of Plurality Of Crimes:
to be applied in the maximum period. The 1. Formal or Ideal – only one criminal liability.
same rule shall be observed when an offense Formal or ideal crimes are further divided into
is a necessary means to commit the other. three groups, where a person committing
ƒ A complex crime of the second form may be multiple crimes is punished with only one
committed by two persons. penalty:
ƒ But when one of the offenses, as a means to a. when the offender commits any of
commit the other, was committed by one of the complex crimes defined in Art.
the accused by reckless imprudence, the 48
accused who committed the crime by b. when the law specifically fixes a
reckless imprudence is liable for his acts single penalty for 2 or more
QuickTime™ and a
only. TIFF (Uncompressed) decompressor offenses committed: robbery w/
are needed to see this picture.
ƒ When two felonies constituting a complex homicide, kidnapping w/
crime are punishable by imprisonment and serious physical injuires
fine, respectively, only the penalty of c. when the offender commits
imprisonment shall be imposed. Reason: continued crimes
Fine is not included in the list of penalties in 2. Real Or Material – there are different crimes
the order of severity and it is the last in the in law as well as in the conscience of the
graduated scales in Art. 71. offender. In such cases, the offender shall be
ƒ When a single act constitutes two grave or punished for each and every offense that he
less grave or one grave and another less committed.
grave, and the penalty for one is

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ART 49 ART 48 PLURALITY OF CRIMES RECIDIVISM

Lesser penalty to be Penalty for the more No conviction of the crimes There must be conviction
imposed in its maximum serious crime shall be committed by final judgment of the first
period imposed in its maximum prior offense
period
CONTINUED CRIME – refers to a single crime
consisting of a series of acts but all arising from one
criminal resolution. Although there is a series of acts,
there is only one crime committed, so only one RULES:
penalty shall be imposed. 1. If the penalty for the felony committed be
higher than the penalty for the offense which
Ex of continued crimes: the accused intended to commit, the lower
a. A collector of a commercial firm penalty shall be imposed in its maximum
misappropriates for his personal use several period.
amounts collected by him from different 2. If the penalty for the felony committed be
persons. There is only one crime because lower than the penalty for the offense which
the different and successive appropriations the accused intended to commit, the lower
are but the different moments during w/c one penalty shall be imposed in its maximum
criminal resolution arises. period.
b. Juan steals 2 books belonging to 2 different 3. If the act committed also constitutes an
persons. He commits only one crime attempt or frustration of another crime, and
because there is unity of thought in the the law prescribes a higher penalty for either
criminal purpose of the offender. of the latter, the penalty for the attempted or
frustrated crime shall be imposed in its
NOTE: A continued crime is not a complex crime, as maximum period.
the offender does not perform a single act but a
series of acts. Therefore: NOTES:
a. penalty not to be imposed in the maximum ƒ Art. 49 has reference to the provision in the
st
b. no actual provision punishing continued 1 par of Art .4 which provides that criminal
crime – It is a principle applied in connection liability shall be incurred “by any person
with 2 or more crimes committed with a committing a felony although the wrongful act
single intention. done be different from that which he
intended.”
NOTE: A continued (continuous or continuing) crime ƒ Art. 49 is applicable only in cases when there
is different from a transitory crime. Transitory crime is a mistake in identity of the victim of the
is “moving crime”. crime (error in personae) and the penalty for
the crime committed is different from that for
the crime intended to be committed.
REAL/MATERIAL CONTINUED CRIME ƒ Art. 49 also has no application where a more
PLURALITY serious consequence not intended by the
offender befalls the same person.
There is a series of acts Same
ƒ In Art. 49, pars. 1 and 2, the lower penalty in
performed by the offender
its maximum period is always imposed.
Each act performed constitutesQuickTime™
Differentand aacts constitute ƒ In Par. 3 the penalty for the attempted or
TIFF (Uncompressed) decompressor
a separate crime because are needed toonly one
see this crime because
picture. frustrated crime shall be imposed in its
each act is generated by a all of the acts performed maximum period. This rule is not necessary
criminal impulse arise from one criminal and may well be covered by Art. 48, in view
resolution. of the fact that the same act also constitutes
an attempt or a frustration of another crime.

ART. 49: PENALTY TO BE IMPOSED UPON


THE PRINCIPALS WHEN THE CRIME
COMMITTED IS DIFFERENT FROM THAT
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Art. 50: Penalty to be imposed upon principals Distinctions between Degree and Period
of a frustrated crime Degree Period
Art. 51: Penalty to be imposed upon principals
of attempted crimes Refers to the penalty Refers to the duration
Art. 52: Penalty to be imposed upon imposable for a felony of the penalty
accomplices in consummated crime committed considering consisting of the
Art. 53: Penalty to be imposed upon the stages of execution maximum, medium,
accessories to the commission of a and the degree of and minimum, after
consummated felony participation of the considering the
Art. 54: Penalty to imposed upon accomplices offender presence or absence
in a frustrated crime of aggravating
Art. 55: Penalty to be imposed upon circumstances
accessories of a frustrated crime
Art. 56: Penalty to be imposed upon
accomplices in an attempted crime May refer to both Refers only to
Art. 57: Penalty to be imposed upon divisible and indivisible divisible penalties
accessories of an attempted crime penalties

APPLICATION OF ARTICLE 50 TO 57 NOTE: The rules provided in Arts. 53, 55 and 57 do


not apply if the felony is light because accessories
Participation Consummated Frustrated Attempted are not liable for the same.
Principal Penalty 1 less 2 less
ART. 58: ADDITIONAL PENALTY TO BE
imposed by law
IMPOSED UPON CERTAIN ACCESSORIES
Accomplice 1 less 2 less 3 less

Accessory 2 less 3 less 4 less NOTE: Art. 58 is limited only to grave and less grave
felonies since it is not possible to have accessories
liable for light felonies. It is further limited to those
whose participation in the crime is characterized by
NOTES: the misuse of public office or authority.
ƒ Art. 50-57 are not applicable when the law
specifically prescribes the penalty for the Additional Penalties for Public Officers who are
frustrated and attempted felony or that to be accessories:
imposed upon the accomplices and 1. Absolute Perpetual Disqualification, if the
accessories. (examples: qualified seduction, principal offender is guilty of a grave felony
flight to enemy country, kidnapping) 2. Absolute temporary disqualification, if the
ƒ Degree – one whole penalty, one entire principal offender is guilty of less grave felony
penalty or one unit of the penalties
enumerated in the graduated scales provided
for in Art. 71 ART. 59: PENALTY TO BE IMPOSED IN CASE
ƒ Period – one of 3 equal portions, OF FAILURE TO COMMIT THE CRIME
min/med/max of a divisible penalty. A period BECAUSE THE MEANS EMPLOYED OR THE
of a divisible penalty when prescribed by the AIMS SOUGHT ARE IMPOSSIBLE
QuickTime™ and a
Code as aTIFF penalty for decompressor
(Uncompressed) a felony, is in itself a
are needed to see this picture.
degree.
NOTES:
ƒ Basis for the imposition of proper penalty in
impossible crimes: social danger and degree
of criminality shown by the offender
ƒ The penalty for impossible crime is arresto
mayor (imprisonment of 1 month and 1 day
to 6 months) or fine ranging from 200-500
pesos.
ƒ Art. 59 is limited to grave and less grave

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felonies. Divisible Penalties: (maximum, medium,


ƒ However, considering Article 4, this article is minimum)
actually limited to offenses against persons 1. Reclusion Temporal
or property. 2. Prision Correcional
3. Arresto Mayor
4. Destierro
ART. 60: EXCEPTION TO THE RULES 5. Arresto Menor
ESTABLISHED IN ARTICLES 50 TO 57 6. Public Censure
7. Fine
Two cases where the accomplice is punished RULES TO BE OBSERVED IN LOWERING THE
with the same penalty imposed upon the PENALTY BY ONE OR TWO DEGREES
principal:
1. ascendants, guardians, curators, teachers Rule No. 1: when the penalty is single and indivisible
and any person who, by abuse of authority or (ex. RP), the penalty next lower shall be reclusion
confidential relationship, shall cooperate as temporal.
accomplices in the crimes of rape, acts of
lasciviousness, seduction, corruption of Rule No. 2:
minors, white slave trade or abduction. 1. when the penalty is composed of two
2. one who furnished the place for the indivisible penalties; or
perpetration of the crime of slight illegal 2. when the penalty is composed of one or
detention more divisible penalties to be imposed to
their full extent
NOTE: Accessory punished as principal: Art 142 – the penalty next lower in degree shall be that
punishes an accessory for knowingly concealing immediately following the lesser of the penalties
certain evil practices prescribed

Rule No. 3: when the penalty is composed of 1 or 2


Cases where penalty imposed on accessories are indivisible penalties and the maximum period of a
one degree lower instead of two degrees: divisible penalty
1. knowingly using counterfeited seal or forged Ex. penalty for murder is reclusion temporal
signature or stamp of the President of the to death. The point of reference will be on the
Republic proper divisible penalty which is RT.
2. illegal possession and use of false treasury
or bank note rd
Under the 3 rule, the penalty next lower to RT is
3. use of a falsified document composed of the medium and minimum periods
4. use of a falsified dispatch of RT and the max of prision mayor.

Rules 4 and 5:
ART. 61: RULES FOR GRADUATING 1. if the penalty prescribed in the Code consists
PENALTIES of three periods corresponding to different
divisible penalties, the penalty next lower is
The rules provided in this Article should also apply in that consisting in the three periods down the
determining the minimum of the Indeterminate scale
Sentence Law (ISL). It also applies in lowering the 2. if the penalty prescribed in the Code consists
penalty by one orTIFFtwo degreesand by
QuickTime™ a
(Uncompressed) decompressor
reason of the of two periods, the penalty next lower is that
presence of the privileged
are neededmitigating
to see this picture.circumstance, or
consisting in two periods down the scale
when the penalty is divisible and there are two or 3. if the penalty prescribed in the Code consists
more mitigating circumstances and there are no in only one period, the penalty next lower is
aggravating circumstances. the next period down in the scale
GRADUATED SCALE IN ART. 71 NOTE: Mitigating and Aggravating circumstances are
first disregarded in the application of the rules for
Indivisible Penalties: graduating penalties. It is only after the penalty next
1. Death lower in degree is already determined that the
2. Reclusion Perpetua mitigating and aggravating circumstances should be

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considered. o Habitual delinquency has the


effect, not only of increasing
ART. 62: EFFECT OF THE ATTENDANCE OF the penalty because of recidivism
MITIGATING OR AGGRAVATING which is generally implied in
CIRCUMSTANCES AND OF HABITUAL habitual delinquency, but also of
DELINQUENCY imposing an additional penalty.
ƒ Ten year period to be computed from the
time of last release or conviction
ƒ Subsequent crime must be committed after
Par. 1: Aggravating circumstances are not to be conviction of the former crime. Cases still
taken into account when: pending are not to be taken into
1. they themselves constitute a crime. Ex. by consideration.
“means of fire” – arson
2. they are included by law in the definition of a HABITUAL RECIDIVISM
crime DELINQUENCY
Crimes to be committed Same title
Par. 2: Same rules apply when the aggravating are specified
circumstance is inherent in the crime

Par. 3: Aggravating or mitigating circumstances W/ in 10 years No time fixed by law


arising from any of the following affect only those to
whom such circumstances are attendant: Must be found guilty 3rd Second conviction
1. from the moral attributes of the offender time or oftener
2. from his private relations w/ the offended
party Additional penalty is Is not offset by MC,
3. from any other personal cause imposed increases penalty to
maximum
Par. 4: the circumstances which consist of the
following shall serve to aggravate and mitigate the
liability only of those who had knowledge of them at REQUISITES Of Habitual Delinquency:
the time of the commission of the offense 1. that the offender had been convicted of any
1. material execution of the act of the crimes of serious or less serious
2. means employed to accomplish the crime physical injuries, robbery, theft, estafa or
falsification
Par. 5: Habitual Delinquent is a person who within 2. that after conviction or after serving his
the period of 10 years from the date of his (last) sentence, he again committed, and, within 10
release or last conviction of the crimes of: years from his last release of first conviction,
1. Falsification he was again convicted of any of the said
2. Robbery crimes for the second time
3. Estafa 3. that after his conviction of, or after serving
4. Theft sentence for the second offense, he again
5. Serious or less serious physical injuries committed, and, within 10 years from his last
is found guilty of any of the said crimes a third time or release or last conviction, he was again
oftener. convicted of any of said offenses, the third
time or oftener
QuickTime™ and a
TIFF (Uncompressed) decompressor
NOTES: are needed to see this picture.
ƒ Effects of the circumstances: Rulings on Habitual Delinquency:
o Aggravating circumstances (generic 1. The law on habitual delinquency does not
and specific) have the effect of contemplate the exclusion from the
increasing the penalty, without computation of prior conviction those falling
however exceeding the outside the 10-year period immediately
maximum period provided by preceding the crime for which the defendant
law. is being tried.
o Mitigating circumstances have the 2. Ten-year period is counted not from the date
effect of diminishing the of commission of the subsequent offense but
penalty. from the date of conviction thereof in relation

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to the date of his last release or last commits a consummated crime.


conviction. ƒ Habitual delinquency applies to all
3. When an offender has committed several participants because it reveals persistence in
crimes mentioned in the definition of habitual them of the inclination to wrongdoing and of
delinquent, without being first convicted of the perversity of character that led them to
any of them before committing the others, he commit the previous crime.
is not a habitual delinquent.
4. Convictions on the same day or at about the
same time are considered as one only (days, ART. 63: RULES FOR THE APPLICATION OF
weeks..). INDIVISIBLE PENALTIES
5. Crimes committed on the same date,
although convictions on different dates are
considered as one. Rules for the application of indivisible penalties:
6. Previous convictions are considered every 1. Penalty is single and indivisible – applied
time a new offense is committed. regardless of the presence of aggravating
7. Commissions of those crimes need not be and mitigating circumstances
consummated. 2. Penalty composed of two indivisible penalties
8. Habitual delinquency applies to accomplice a. One aggravating circumstance
and accessories. present – higher penalty
9. A crime committed during the minority of the b. One mitigating circumstance present
offender is not counted because proceedings – lower penalty
as regards that crime are suspended. c. Some mitigating circumstances
10. Imposition of additional penalty is mandatory present and no aggravating – lower
and constitutional. penalty
11. Modifying circumstances are applicable to d. Mitigating and Aggravating
additional penalty. Circumstances are present – basis in
12. Habitual delinquency is not a crime. It is number and importance
simply a fact or circumstance which if present NOTES:
gives rise to the imposition of additional ƒ Art 63 applies only when the penalty
penalty. prescribed by the Code is either one
13. Penalty for habitual delinquency is a real indivisible penalty or 2 indivisible penalties.
penalty that determines jurisdiction. ƒ Par.4: the moral value rather than the
14. A habitual delinquent is necessarily a numerical weight shall be taken into account.
recidivist.
15. In imposing the additional penalty, recidivism
is not aggravating. The additional penalty GENERAL RULE: When the penalty is
must be imposed in its minimum. composed of 2 indivisible penalties, the penalty
16. An offender can be a habitual delinquent cannot be lowered by one degree, no matter how
without being a recidivist, when no two of the many mitigating circumstances are present
crimes committed are embraced in the same EXCEPTION: In cases of privileged
title of the Code. (Reyes) mitigating circumstances

NOTES:
ƒ In no case shall the total penalties imposed ART. 64: RULES FOR THE APPLICATION OF
upon the offender exceed 30 years. PENALTIES WHICH CONTAIN THREE
QuickTime™ and a
ƒ The imposition of the additional
TIFF (Uncompressed) decompressor penalties on PERIODS
are needed to see this picture.
habitual delinquents are constitutional, it is
simply a punishment on future crimes on Rules For The Application Of Divisible Penalties:
account of the criminal propensities of the 1. No aggravating and no mitigating
accused. circumstances – medium period
ƒ The imposition of such additional penalties 2. One mitigating circumstance – minimum
are mandatory. period
ƒ Habitual delinquency applies at any stage of 3. One aggravating circumstance – maximum
the execution because subjectively, the period
offender reveals the same degree of 4. Mitigating and aggravating circumstance
depravity or perversity as the one who offset each other and according to relative

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weight
5. 2 or more mitigating without any aggravating 4. Use the maximum of the minimum period as
circumstance – one degree lower the minimum of the medium period and add 1
day to distinguish from the minimum period.
NOTES: Then add 2 years to the minimum of the
ƒ Art. 64 applies when the penalty has 3 medium (disregarding the 1 day) to get the
periods because they are divisible. If the maximum of the medium period.
penalty is composed of 3 different penalties, 8 years (minimum of the medium)
each forms a period according to Art. 77 + 2 years (difference)
ƒ Par. 4: the mitigating circumstances must be -------------------------------------------
ordinary, not privileged. The aggravating 10 years (maximum of the medium)
circumstances must be generic or specific,
not qualifying or inherent. Therefore, medium period of prision mayor =
ƒ the court has discretion to impose the penalty 8 years 1 day to 10 years
within the limits fixed by law
ƒ Art. 64 not applicable when the penalty is 5. use the maximum of the medium period as
indivisible or prescribed by special law or a the minimum of the maximum pd, and add 1
fine day to distinguish it from the maximum of the
ƒ Cases where the attending aggravating or medium period. Then add 2 years to the
mitigating circumstances are not considered minimum of the maximum pd (disregarding
in the imposition of penalties: the 1 day) to get the maximum of the
ƒ Penalty that is single and indivisible maximum period)
ƒ Felonies through negligence 10 years (maximum of the medium)
ƒ Where the penalty is only a fine + 2 years (difference)
imposed by an ordinance (subject to ----------------------------------------------
discretion of court – see Article 66) 12 years (maximum of the maximum)
ƒ Penalty is prescribed by a special
law Therefore, maximum period of prision mayor
= 10 years 1 day to 12 years
ART. 65: RULE IN CASES IN WHICH THE
PENALTY IS NOT COMPOSED OF THREE *Computation above is applicable to all others except
PERIODS to arresto mayor.

Computations:
Example: Prision Mayor minimum (6 years 1 day
Example: Prision Mayor (6 years, 1 day to 12 to 8 years) only
years)
1. subtract the minimum (disregard 1 day) from 1. Subtract minimum from the maximum.
the maximum 8 years – 6 years = 2 years
12 years – 6 years = 6 years
2. Divide the difference by 3.
2. Divide the difference by 3. 2 years / 3 = 8 months
6 years / 3 = 2 years
3. Use the minimum of the given example as
3. Use the minimumQuickTime™ (6 years the minimum period. Then to get to get the
and aand 1 day) as the
minimum of TIFF (Uncompressed) decompressor
the minimum period. Then add maximum of the minimum, add the 8 months.
are needed to see this picture.
the 2 years (disregarding the 1 day) to the 6 years + 8 months = 6 years and 8
minimum to get the maximum of the months
minimum period. Therefore, minimum of prision mayor
6 years (minimum of the minimum) minimum = 6 years 1 day to 6 years 8
+ 2 years (difference) months
-------------------------------------------
8 years (maximum of the minimum). 4. Use the maximum of the minimum as the
minimum of the medium period. Add 1 day to
Therefore, minimum period of prision mayor distinguish it from the maximum of the
= 6 years 1 day to 8 years minimum. Add the 8 months and this

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becomes the maximum of the medium 2. less grave felony – arresto mayor min to
6 years 8 months + 8 months = 7 arresto mayor medium
years 4 months
Therefore, the medium period of prision
mayor minimum = 6 years, 8 months 1 day to ART. 68: PENALTY TO BE IMPOSED UPON A
7 years, 4 months PERSON UNDER EIGHTEEN YEARS OF AGE

5. Use the maximum of the medium as the NOTE: Art. 68 applies to such minor if his application
minimum period of the maximum period and for suspension of sentence is disapproved or if while
add 1 day to distinguish. Add the 8 months to in the reformatory institution he becomes incorrigible,
get the maximum of this maximum in which case he shall be returned to the court for the
7 years 4, months + 8 months = 8 imposition of the proper penalty.
years
Therefore, maximum of prision mayor = 7 Art. 68 provides for 2 privileged mitigating
years, 4 months, 1 day to 8 years circumstances:
1. If the act is attended by two or more
mitigating circumstances and no aggravating
ART. 66: IMPOSITION OF FINES circumstance, the penalty being divisible, a
1. The minor over 15 but under 18 may still get a
court can fix any amount of the fine within the penalty two degrees lower.
limits established by law. 2. under 15 but over 9 and has acted w/
2. Court must consider the following in imposing discretion: 2 degrees lower
the fines: 3. under 18 but over 15: 1 degree lower
a. mitigating and aggravating
circumstances
b. more particularly, the wealth and
means of the culprit ART. 69: PENALTY TO BE IMPOSED WHEN
3. The following may also be considered by the THE CRIME COMMITTED IS NOT WHOLLY
court: EXCUSABLE
a. the gravity of the crime committed
b. the heinousness of its perpetration NOTE: Penalty to be imposed when the crime
c. the magnitude of its effects on the committed is not wholly excusable:1 or 2 degrees
offender’s victims. lower if the majority of the conditions for justification
or exemption in the cases provided in Arts. 11 and 12
NOTE: When the minimum of the fine is not fixed, the are present.
court shall have the discretion, provided it does not
exceed the amount authorized by law.
ART. 70: SUCCESSIVE SERVICE OF
SENTENCE
ART. 67: PENALTY TO BE IMPOSED WHEN
NOT ALL THE REQUISITES OF EXEMPTION
NOTES:
OF THE FOURTH CIRCUMSTANCE OF
The Three-Fold Rule
ARTICLE 12 ARE PRESENT
1. Maximum duration of the convict’s sentence:
3 times the most severe penalty imposed
QuickTime™ and a
TIFF (Uncompressed) decompressor 2. Maximum duration: shall not exceed 40 yrs
Requisites of Art. 12, par. to4:see this picture.
are needed
3. Subsidiary imprisonment: This shall be
1. act causing the injury must be lawful excluded in computing for the maximum
2. act performed w/ due care duration.
3. injury was caused by mere accident * The three-fold rule shall apply only when the convict
4. no fault or intention to cause injury is to serve 4 or more sentences successively.

NOTE: If these conditions are not all present, then Different Systems Of Penalty (Relative To The
the following penalties shall be imposed: Execution Of Two Or More Penalties Imposed The
1. grave felony – arresto mayor max to prision Same Accused)
correcional minimum 1. Material accumulation system - No

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limitation whatsoever, and accordingly, all the


penalties for all the violations were imposed To get the lower degree:
even if they reached beyond the natural span 1. Max: reduce by one-fourth
of human life. 2. Min: the same
2. Juridical accumulation system - Limited to
not more than three-fold the length of time
corresponding to the most severe and in no ART. 76: LEGAL PERIOD OF DURATION OF
case to exceed 40 years. This is followed in DIVISIBLE PENALTIES
our jurisdiction.
3. Absorption system - The lesser penalties ART. 77: WHEN THE PENALTY IS A COMPLEX
are absorbed by the graver penalties. ONE COMPOSED OF THREE DISTINCT
PENALTIES
NOTE: If there are 3 distinct penalties; there shall be
a minimum, a medium and a maximum.
ART. 71: GRADUATED SCALES Ex: Reclusion temporal max to death

ART. 72: PREFERENCE IN THE PAYMENT OF THE


CIVIL LIABILITIES Chapter Five
EXECUTION AND SERVICE OF PENALTIES
NOTE: The penalties shall be satisfied according to
the chronological order of the dates of the final
judgment. (Art. 70)
Section One. — General Provisions

Section Three. — Provisions common in the last ART. 78: WHEN AND HOW A PENALTY IS TO
two preceding sections BE EXECUTED

NOTES:
ART. 73: PRESUMPTION IN REGARD TO THE ƒ Only a penalty by final judgment can be
IMPOSITION OF ACCESSORY PENALTIES executed. Judgment is final if the accused
has not appealed within 15 days or he has
NOTE: Accessory penalties are deemed imposed expressly waived in writing that he will not
with the principal penalty. However, the subsidiary appeal.
imprisonment must be expressly stated in the ƒ There could be no subsidiary liability if it was
decision, as it is not considered an accessory not expressly ordered in the judgment.
penalty.
ART. 79: SUSPENSION OF THE EXECUTION
AND SERVICE OF THE PENALTIES IN CASE
ART. 74: PENALTY HIGHER THAN RECLUSION OF INSANITY
PERPETUA IN CERTAIN CASES
Cases of insanity:
NOTE: If the decision or law says higher than 1. After final sentence, suspend the sentence
QuickTime™ and a
reclusion perpetua TIFF
or (Uncompressed)
2 degreesdecompressor
higher than reclusion regarding the personal penalties.
are needed to see this picture.
temporal, then the penalty imposed is reclusion 2. If he recovers, the sentence is executed
perpetua or reclusion temporal as the case may be, unless it has prescribed.
and not death. Death must be designated by name. 3. The payment of civil of pecuniary liabilities
However, for the other penalties, this does not apply. shall not be suspended.

Ex: the penalty for crime X is 2 degrees lower than


RP. The penalty imposed is prision mayor.

ART. 75: INCREASING OR REDUCING THE


PENALTY OF FINE BY ONE OR MORE
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sentence
INDETERMINATE SENTENCE LAW 7. granted with conditional pardon by the
Act No. 4103 as amended by Act No. 4225 President, but violated the terms thereof
8. maximum term of imprisonment does not
exceed 1 year
9. sentenced to the penalty of destierro or
- It applies to both violations of Revised Penal Code suspension only
and special laws, and is based on the penalty
actually imposed. RELEASE OF THE PRISONER ON PAROLE
The Board of Pardons and Parole may authorize the
Indeterminate sentence is mandatory where release of a prisoner on parole, after he shall have
imprisonment would exceed one year. served the minimum penalty imposed on him,
provided that:
IF THE PENALTY IS IMPOSED BY THE RPC: 1. Such prisoner is fitted by his training for
1. The Maximum Term – is that which could be release,
properly imposed under the RPC, considering the 2. There is reasonable probability that he will live
aggravating and mitigating circumstances. and remain at liberty without violating the law,
2. The MinimumTerm – is within the range of the 3. Such release will not be incompatible with the
penalty one degree lower than that prescribed by welfare of society.
the RPC, without considering the circumstances.
ƒ BUT when there is a privileged mitigating ENTITLEMENT TO FINAL RELEASE AND
circumstance, so that the penalty has to be DISCHARGE
lowered by one degree, the STARTING POINT If during the period of surveillance such paroled
for determining the minimum term of the prisoner shall: (a) show himself to be a law abiding
indeterminate penalty is the penalty next lower citizen and, (b) shall not violate any law, the Board
than that prescribed by the Code for the offense. may issue a final certification in his favor, for his final
release and discharge.
IF THE PENALTY IS IMPOSED BY SPECIAL
PENAL LAW SANCTION FOR VIOLATION OF CONDITIONS OF
1. The Maximum Term – must not exceed the THE PAROLE
maximum term fixed by said law. When the paroled prisoner shall violate any of the
2. The Minimum Term – must not be less than conditions of his parole: (a) the Board may issue an
the minimum term prescribed by the same. order for his arrest, and thereafter, (b) the prisoner
shall serve the remaining unexpired portion of the
ƒ For SPECIAL LAWS, it is anything within the maximum sentence for which he was originally
inclusive range of the prescribed penalty. Courts committed to prison.
are given discretion in the imposition of the
indeterminate penalty. The aggravating and REASONS FOR FIXING THE MAXIMUM AND
mitigating circumstances are not considered MINIMUM TERMS IN THE INDETERMINATE
unless the special law adopts the same SENTENCE
terminology for penalties as those used in the The minimum and maximum terms in the IS must be
RPC (such as reclusión perpetua and the like). fixed, because they are the basis for the following:
1. Whenever a prisoner has: (a) served the
WHEN BENEFIT OF THE ISL IS NOT MINIMUM penalty imposed on him, and (b) is
APPLICABLE: fit for release of the prisoner on parole, upon
QuickTime™ and a
The IndeterminateTIFF
Sentence
(Uncompressed)Law shall not apply
decompressor terms and conditions prescribed by the
are needed to see this picture.
to the following persons: Board.
1. sentenced to death penalty or life 2. But when the paroled prisoner violates any of
imprisonment the conditions of his parole during the period
2. treason, or conspiracy or proposal to commit of surveillance, he may be rearrested to
treason serve the remaining unexpired portion of the
3. misprision of treason, rebellion, sedition or MAXIMUM sentence.
espionage 3. Even if a prisoner has already served the
4. piracy MINIMUM, but he is not fitted for release on
5. habitual delinquents the parole, he shall continue to serve until the
6. escaped from confinement, or evaded end of the MAXIMUM term.

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offender has behaved properly and


ART. 80: SUSPENSION OF SENTENCE OF has shown his capability to be a
MINOR DELINQUENTS (AS REPEALED BY PD useful member of the community; or
603: CHILD AND YOUTH WELFARE CODE) b. To pronounce the judgment of
conviction, if the conditions
mentioned are not met.
In the latter case, the convicted offender may
1. Youthful offender – over 9 but under 18 at apply for probation. In any case, the youthful
time of the commission of the offense offender shall be credited in the service of his
2. A child nine years of age or under at the time sentence with the full time spent in actual
of the commission of the offense shall be commitment and detention.
exempt from criminal liability and shall be 8. The final release of a youthful offender,
committed to the care of his or her father or based on good conduct as provided in Art.
mother, or nearest relative or family friend in 196 shall not obliterate his civil liability for
the discretion of the court and subject to its damages.
supervision. 9. A minor who is ALREADY AN ADULT at the
3. The same shall be done for a child over nine time of his conviction is not entitled to a
years and under fifteen years of age at the suspension of sentence.
time of the commission of the offense, unless 10. The records of the proceeding shall be
he acted with discernment, in which case he privileged and shall not be disclosed.
shall be proceeded against in accordance 11. The civil liability of the youthful offender may
with Article 192. be voluntarily assumed by a relative or a
4. A youthful offender held for examination or friend.
trial who cannot furnish bail will be committed 12. The parent or guardian of the child is liable
to the DSWD/local rehabilitation center or when he aids, abets or connives for the
detention home. commission of the crime or does an act
5. If the court finds that the youthful offender producing, promoting or contributing to the
committed the crime charged against him, it child’s being a juvenile delinquent.
shall determine the imposable penalty and 13. penalties for the parent or guardian: Fine not
the civil liability chargeable against him, but it exceeding P500 and/or imprisonment not
may not pronounce judgment of conviction. exceeding 2 years
Instead, the court shall suspend all further
proceedings if, upon application of the
youthful offender, it finds that the best
interest of the public and that of the offender PROBATION LAW OF 1976
will be served thereby. (PD 968, AS AMENDED)

EXCEPTIONS to suspension of sentence


a. those who previously enjoyed a
suspension of sentence PROBATION - a disposition under which a defendant
b. those convicted of death or life after conviction and sentence is released subject to
imprisonment conditions imposed by the court and to the
c. those convicted for an offense by the supervision of a probation officer
military tribunals
6. The youthful offender shall be returned to the RULES ON GRANT OF PROBATION
court for pronouncementQuickTime™ andof a judgment, when 1. After having convicted and sentenced a
TIFF (Uncompressed) decompressor
the youthfulareoffender, (1)
needed to see this has been found
picture. defendant, the trial court may suspend the
incorrigible, or (2) has willfully failed to execution of the sentence, and place the
comply with the conditions of his defendant on probation, upon application by
rehabilitation programs; or (3) when his the defendant within the period for perfecting
continued stay in the training institution would an appeal.
be inadvisable. 2. Probation may be granted whether the
7. When the youthful offender has reached the sentence imposed a term of imprisonment or
age of twenty one while in commitment, the fine only.
court shall determine whether- 3. No application for probation shall be
a. To dismiss the case, if the youthful entertained or granted if the defendant has

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perfected an appeal. WHO ARE DISQUALIFIED FROM THE BENEFITS


4. Filing of application for probation operates as OF PROBATION:
a waiver of the right to appeal. 1. Sentenced to serve a maximum term of
5. The order granting or denying probation shall imprisonment of more the 6 years
not be appealable. 2. Convicted of subversion or any crime against
6. Accessory penalties are deemed suspended the national security or the public order
once probation is granted. 3. Previously convicted by final judgment of an
7. The convict is not immediately placed on offense punished by imprisonment of
probation. There shall be a prior investigation not less than 1 month and 1 day and/or a
by the probation officer and a determination fine not less than P200
by the court. 4. Already placed on probation once
8. CRITERIA FOR grant of probation:
a. All information relative to the There are two kinds of conditions imposed upon
character, antecedents, the offender under probation:
environment, mental, and physical 1. Mandatory or general – once violated, the
condition of the offender probation is cancelled
b. Available institutional and community a. The offender under probation must
resources. present himself to the probation
9. Probation is to be denied upon finding of the officer designated to undertake his
court that: supervision, at such place as may
a. The offender is in need of be specified in the order,
correctional treatment that can be within 72 hours from receipt of order.
provided effectively by his b. He should report to the probation
commitment to an institution. officer at least once a month.
b. There is undue risk of committing 2. Discretionary or special – additional
another crime. conditions which the court may
c. Probation will depreciate the additionally impose for the probationer’s
seriousness of the offense correction and rehabilitation outside
committed. prison. The enumeration is not
10. At any time during probation, the court may exclusive, as long as the probationer’s
issue a warrant for the arrest of a probationer Constitutional rights are not jeopardized.
for any serious violation of the conditions of
probation. If violation is established, the court Duration of Probation Period:
may: 1. If the term of imprisonment is not more than
a. revoke his probation, and thus make one year, probation shall not exceed 2
him serve the sentence originally years.
imposed, or 2. if the term of imprisonment is more than one
b. continue his probation and modify its year, period shall not exceed 6 years.
conditions 3. When the penalty is a fine only and the
The court order shall not be subject to offender is made to serve subsidiary
appeal. imprisonment, probation shall be twice the
11. Probation is not coterminous with its total number of days of subsidiary
period. There must be an order issued by imprisonment.
the court discharging the probationer. Upon
finding that he has fulfilled the terms and
QuickTime™ and a
conditions TIFF
of (Uncompressed)
his probation, decompressorthe court may
are needed to see this picture.
order the final discharge of the probationer. ART. 81: WHEN AND HOW THE DEATH
This shall have the following effects: PENALTY IS TO BE EXECUTED
a. case is deemed terminated ART. 82: NOTIFICATION AND EXECUTION
b. all civil rights lost or suspended are OF THE SENTENCE AND ASSISTANCE TO
restored THE CULPRIT
c. offender’s liability for any fine
Section Two. — Execution of principal penalties
imposed is discharged
NOTE: Designate a working day, which shall not be
communicated to the offender before the sunrise of

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said day. The execution shall not take place until after surveillance of an officer of the law whenever
the expiration of at least 8 hours following such the court so provides in the decision due to
notification. the health of the offender. But the reason is
not satisfactory just because the offender is a
respectable member of the community.
ART. 83: SUSPENSION OF THE EXECUTION
OF THE DEATH SENTENCE

Death sentence commuted to RP: Title Four


1. woman, while pregnant EXTINCTION OF CRIMINAL LIABILITY
2. woman, within 1 year, after delivery
3. person over 70 years of age
4. convict who becomes insane after final
sentence of death has been pronounced

ART. 84: PLACE OF EXECUTION AND PERSONS Chapter One


WHO MAY WITNESS THE SAME TOTAL EXTINCTION OF CRIMINAL
LIABILITY
ART. 85: PROVISIONS RELATIVE TO THE
CORPSE OF THE PERSON EXECUTED AND ITS
BURIAL

ART. 86: RECLUSION PERPETUA, RECLUSION ART. 89: HOW CRIMINAL LIABILITY IS TOTALLY
TEMPORAL, PRISION MAYOR, PRISION EXTINGUISHED
CORRECCIONAL AND ARRESTO MAYOR
PAR. 1. BY DEATH
ART. 87: DESTIERRO
NOTES:
ƒ Extinguishment of criminal liability is a
ground for motion to quash.
Destierro Shall Be Imposed In The Following ƒ Criminal liability whether before or after final
Cases: judgment is extinguished upon death
1. death or serious physical injuries is caused because it is a personal penalty.
or are inflicted under exceptional ƒ Pecuniary penalty is extinguished only when
circumstance death occurs before final judgment.
2. person fails to give bond for good behavior ƒ The death of the offended party however
3. concubine’s penalty for the crime of does not extinguish criminal liability of the
concubinage accused because it is a crime against the
4. lowering the penalty by degrees state.

Execution of Destierro:
1. Convict shall not be permitted to enter the PAR. 2. BY SERVICE OF SENTENCE
place designated in the sentence nor within
the radius specified, which shall not be more NOTES:
QuickTime™ and a
than 250 and not less decompressor
TIFF (Uncompressed) than 25 km from the ƒ Crime is a debt, hence extinguished upon
are needed to see this picture.
place designated. payment.
2. If the convict enters the prohibited area, he ƒ Service does not extinguish civil liability.
commits evasion of sentence.
PAR. 3. BY AMNESTY
ART. 88: ARRESTO MENOR
Amnesty – is an act of the sovereign power granting
NOTE: oblivion or general pardon. It wipes all traces and
Served where: vestiges of the crime but does not extinguish civil
1. In the municipal jail liability.
2. In the house of the offender, but under the

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PAR. 4. BY ABSOLUTE PARDON deed – 6 months


4. Light offenses – 2 months
Pardon – an act of grace proceeding from the power
entrusted with the execution of laws, which exempts When the penalty is a compound one, the highest
the individual from the punishment the law inflicts for penalty shall be made the basis of the application of
the crime. above rules.

PAR. 6. BY PRESCRIPTION OF PENALTY


AMNESTY PARDON NOTE: means the loss/forfeiture of the right of
government to execute the final sentence after the
Extended to classes of Exercised individually lapse of a certain time.
persons who may be guilty of by the President
political offenses Conditions:
1. There must be final judgment.
Exercised even before trial or Exercised when one is 2. The period must have elapsed.
investigation convicted
PRESCRIPTIVE PERIODS OF PENALTIES:
1. Death and reclusión perpetua – 20 years
Looks backward and Looks forward and 2. Other afflictive penalties – 15 years
3. Correctional penalties – 10 years, except for
abolishes the offense itself relieves the offender of
the penalty of arresto mayor which
the consequences
prescribes in 5 years
4. Light penalties – 1 year
Does not extinguish civil Same
liability
A public act that needs the A private act of the PAR. 6. BY MARRIAGE OF THE OFFENDED
declaration of the President President WOMAN (ART. 344)
with the concurrence of
Congress NOTE:
Crimes covered:
1. rape
2. seduction
Courts should take judicial Must be pleaded and 3. abduction
notice proved 4. acts of lasciviousness
ƒ The marriage must be contracted in good faith.
PAR. 5. BY PRESCRIPTION OF CRIME

Prescription of a crime – is the loss/forfeiture of the ART. 90: PRESCRIPTION OF CRIME


right of the state to prosecute the offender after the
lapse of a certain time.
NOTES:
NOTE: When the crime prescribes, the state loses ƒ In computing for the period, the first day is
the right to prosecute excluded and the last day included. Period is
subject to leap years.
QuickTime™ and a
PRESCRIPTIVE PERIODS OF decompressor
TIFF (Uncompressed) CRIMES: ƒ When the last day of the prescriptive period
are needed to see this picture.
1. Crimes punishable by: falls on a Sunday or a legal holiday, the
a. Death, reclusión perpetua or information can no longer be filed the
reclusión temporal – 20 years following day.
b. afflictive penalties – 15 years ƒ Simple slander prescribes in 2 months and
c. correctional penalties – 10 years, grave slander in 6 months.
d. except those punishable by ƒ Since destierro is a correctional penalty, it
arresto mayor which shall prescribe prescribes in 10 years. For afflictive
in 5 years penalties, period is 15 years.
2. Crime of libel – 1 year ƒ If it is a compound penalty, basis will be the
3. Offenses of oral defamation and slander by highest penalty.

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ƒ If fine is an alternative penalty (imposed When such proceedings terminate – termination


together with a penalty lower than the fine), that is final; an unappealed conviction or acquittal
fine shall be the basis.
ƒ Prescription begins to run from the discovery Unjustifiably stopped for any reason – ex:
thereof. It is interrupted when proceedings accused evades arrest, proceedings must be stopped
are instituted and shall begin to run again
when the proceedings are dismissed. NOTE: Art. 91 applies to a special law when said law
ƒ If an accused fails to move to quash before does not provide for the application but only provides
pleading, he is deemed to have waived all for the period of prescription.
objections, except if the grounds are:
1. facts charged do not constitute an
offense ART. 92: WHEN AND HOW PENALTIES
2. court has no jurisdiction PRESCRIBE
3. criminal action or liability has been
extinguished NOTES:
4. the averments, if true, would ƒ Final sentence must be imposed.
constitute a legal excuse or ƒ If a convict can avail of mitigating
justification (See Rule 117, Sec 9, circumstances and the penalty is lowered, it
RoC) is still the original penalty that is used as the
ƒ Prescription does not take away the court’s basis for prescription. However, if the convict
jurisdiction but only absolves the defendant already serves a portion of his sentence and
and acquits him. escapes after, the penalty that was imposed
(not the original) shall be the basis for
ART. 91: COMPUTATION OF PRESCRIPTION OF prescription.
OFFENSES ƒ Fines less than P200 fall under light penalty.
Those above are correccional.
NOTES:
ƒ If there is nothing concealed (appears in a ART. 93: COMPUTATION OF THE PRESCRIPTION
public document), the crime commences to OF PENALTIES
run on the date of the commission.
ƒ The period of prescription for crimes which The period of prescription commences to run from
continue never runs. the date when the culprit evaded the service of his
ƒ Crime needs to be discovered by: sentence.
1. offended party
2. authorities Requisites:
3. their agents 1. Penalty is imposed by final sentence.
ƒ If a person witnesses the crime but only tells 2. Convict evaded service of the sentence by
the authorities 25 years later, prescription escaping during the term of his sentence.
commences on the day the authorities were 3. Convict has not given himself up, or been
told. captured, or gone to a foreign country with
which we have no extradition treaty, or
What Interrupts Prescription? committed another crime.
1. preliminary examination or investigation 4. Penalty has prescribed, because of the
which is similar to judicial proceeding lapse of time from the date of the evasion of
2. filing the proper complaint with the the service of the sentence.
QuickTime™ and a
prosecutor’s office. Police
TIFF (Uncompressed) not included.
decompressor
are needed to see this picture.
3. Filing complaint with the court that has Interruption Of The Period:
proper jurisdiction If the convict
1. gives himself up
The Period Commences To Run Again When The 2. be captured
Proceeding Is Terminated: 3. goes to a foreign country with which the
1. Without the accused being convicted or Philippines has no extradition treaty
acquitted 4. commits another crime before the expiration
2. The proceeding is unjustifiably stopped for a of the period of prescription
reason not imputable to the offender 5. accepts a conditional pardon

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NOTES:
ƒ If a government has an extradition treaty with NOTES:
the country to which a convict escaped, but ƒ Consent is not necessary in commutation.
the crime is not included in the treaty, the ƒ Prisoner is also allowed special time
running of the prescription is still interrupted. allowance for loyalty which is 1/5 deduction
ƒ Evasion of sentence starts the running of the of the period of his sentence.
prescription. It does not interrupt it.
Acceptance of the conditional pardon PAROLE – consists in the suspension of the
interrupts the prescription period. sentence of a convict after serving the minimum term
ƒ Rolito Go case: Since he was captured, he of the indeterminate penalty, without granting pardon,
is only supposed to serve the remainder of prescribing the terms upon which the sentence shall
his sentence. Reason: During the period he be suspended. In case his parole conditions are not
escaped, his existence was one of fear and observed, a convict may be returned to the custody
discomfort. and continue to serve his sentence without deducting
the time that elapsed.
ART. 94: PARTIAL EXTINCTION OF
CRIMINAL LIABILITY Good conduct allowance during confinement –
Deduction for the term of sentence for good behavior
Conditional pardon – contract between the
sovereign power of the executive and the convict
Allowances For Good Conduct Per Year
NOTE: Convict shall not violate any of the penal laws Years Allowance
of the Philippines.
First 2 years 5 days per month of good
In Case Of Violation Of Conditions: behavior
3rd to 5th years 8 days per month of good
1. Offender is re-arrested and re-incarcerated
behavior
2. Prosecution under Art. 159 Following years up to 10 days per month of good
10th year behavior
COMMUTATION – change in the decision of the 11th year and 15 days per month of good
court by the chief regarding the: successive years behavior
1. degree of the penalty
2. by decreasing the length of the NOTE: Condition of pardon is limited to unserved
imprisonment or fine portion of the sentence, unless an intention to extend
it beyond the time is manifest.
Commutation Allowed When:
1. person is over 70 years old ART. 96: EFFECT OF COMMUTATION OF
2. 8 justices fail to reach a decision affirming SENTENCE
the death penalty
ART. 97: ALLOWANCE FOR GOOD CONDUCT

CONDITIONAL PARDON PAROLE NOTES:


Given after final judgment Given after service of the ƒ allowance for good conduct not applicable
QuickTime™ and a
minimum penalty
TIFF (Uncompressed) decompressor
when prisoner released under conditional
are needed to see this picture. pardon.
ƒ good conduct time allowance is given in
Granted by Chief Given by the Board of
consideration of good conduct of prisoner
Executive Pardons and Parole while he is serving sentence.
For violation, convict may For violations, may be
ART. 98: SPECIAL TIME ALLOWANCE
be prosecuted under 159 rearrested, convict serves
FOR LOYALTY
remaining sentence

ART. 95: OBLIGATION INCURRED BY PERSON


GRANTED CONDITIONAL PARDON
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NOTES: 2. personal injury – caused by the victim who


ƒ The article applies only to prisoners who may have suffered damage, either to his
escaped. person, property, honor or chastity
ƒ There is a deduction of 1/5 of the period of
sentence of prisoner who, having evaded the
service of his sentence during the calamity or
catastrophe mentioned in Art 158, gives ART. 100: CIVIL LIABILITY OF A
himself up to the authorities within 48 hours PERSON GUILTY OF FELONY
following the issuance of the proclamation by
the President announcing the passing away
of the calamity or catastrophe. Dual Character Of The Crime As Against:
ƒ The deduction is based on the original 1. the state, because of the disturbance of
sentence and not on the unexpired portion. peace and order
ƒ Art 158 provides for increased penalties: 2. the private person injured, unless it involves
ƒ A convict who has evaded the service of his the crime of treason, rebellion, espionage,
sentence by leaving the penal institution on contempt and others where no civil liability
the occasion of disorder resulting from arises on the part of the offender either
conflagration, earthquake or similar because there are no damages or there is
catastrophe or during mutiny in which he did no private person injured by the crime
not participate is liable to an increased
penalty (1/5 of the time still remaining to be
served – not to exceed 6 months), if he fails Damage that may be recovered in criminal cases:
to give himself up to the authorities within 48 1. Crimes against persons, like crime of
hours following the issuance of a physical injuries – whatever he spent for
proclamation by the President announcing treatment of wounds, doctor’s fees,
the passing away of the calamity. medicines as well as salary or wages
unearned
2. Moral Damages: seduction, abduction, rape
ART. 99: WHO GRANTS TIME or other lascivious acts, adultery or
ALLOWANCES concubinage, illegal or arbitrary detention or
arrest, illegal search, libel, slander or any
NOTES: other form of defamation, malicious
ƒ The authority to grant time allowance for prosecution
good conduct is exclusively vested in the 3. Exemplary Damages: imposed when crime
Director. (e.g. provincial warden cannot usurp was committed with one or more
Director’s authority) aggravating circumstances
ƒ It is not an automatic right, and once granted,
cannot be revoked by him. NOTES:
ƒ If there is no damage caused by the
commission of the crime, offender is not
civilly liable.
ƒ Dismissal of the information or the criminal
action does not affect the right of the
Title Five offended party to institute or continue the civil
CIVIL LIABILITY action already instituted arising from the
QuickTime™ and a
TIFF (Uncompressed) decompressor offense, because such dismissal does not
are needed to see this picture.
carry with it the extinction of the civil one.
ƒ When accused is acquitted on ground that
Chapter One his guilt has not been proven beyond
PERSON CIVILLY LIABLE FOR FELONIES reasonable doubt, a civil action for damages
for the same act or omission may be
instituted.
ƒ Exemption from criminal liability in favor of an
TWO CLASSES OF CIVIL LIABILITY imbecile or insane person, and a person
1. social injury – produced by disturbance and under 15 years, or over 15 but under 18 who
alarm which are the outcome of the offense acted without discernment and those acting

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under the impulse of irresistible force or


under the impulse of an uncontrollable fear of ART. 101: RULES REGARDING CIVIL
an equal or greater injury does not include LIABILITY IN CERTAIN CASES
exemption from civil liability.
ƒ Acquittal in the criminal action for negligence
does not preclude the offended party from General Rule: Exemption from criminal liability does
filing a civil action to recover damages, not include exemption from civil liability.
based on the theory that the act is a quasi- Exception: No civil liability in Art. 12, par. 4 (injury
delict. caused by mere accident) and par. 7 (failure to
ƒ When the court found the accused guilty of perform an act required by law when prevented by
criminal negligence but failed to enter some lawful or insuperable cause).
judgment of civil liability, the private
prosecutor has a right to appeal for the Pars. 1,2,3,5 and 6 are NOT exempt from civil
purposes of the civil liability of the accused. liability although exempt from criminal liability.
The appellate court may remand the case to
the trial court for the latter to include in its Who Are Civilly Liable For: -
judgment the civil liability of the accused 1. acts of insane or minor exempt from
ƒ Before expiration of the 15-day period to criminal liability
appeal, the trial court can amend the a. primarily persons having legal
judgment of conviction by adding a provision authority or control over him, if at
for the civil liability of the accused, even if the fault or negligent (except if proven
convict has started serving the sentence. that they acted without fault or with
ƒ If offender dies prior to the institution of the due diligence)
action or prior to the finality of judgment, civil b. If there is no fault or negligence, or
liability ex delicto is extinguished. even with fault but are insolvent and
ƒ An independent civil action may be brought there are no persons having legal
by the injured party during the pendency of authority over them, the
the criminal case provided the right is property of the insane, minor or
reserved. Reservation is necessary in the imbecile not exempt from execution
following cases: (according to Herrera, no shall be held liable.
reservation needed)
i. any of the cases referred to in Art 32 2. over 15 but under 18, with discernment
(perpetual or temporary a. The father and, in case of his death
disqualification for exercise of the or incapacity, the mother, are
right of suffrage) responsible for the damages caused
ii. defamation, fraud and physical injury by the minor children who live in
(bodily injury and not the crime of their company.
physical injury) b. Guardians over minors who are
iii. civil action is against a member of a under their authority and live in their
city or municipal police force for company
refusing or failing to render aid or c. If there are no parents or guardian,
protection to any person in case of the minor or insane person shall be
danger to life or property answerable with his own property in
an action against him where a
Prejudicial Question – one which arises in a case, guardian ad litem shall be appointed.
QuickTime™ and a
the resolution of which is a logical
TIFF (Uncompressed) antecedent of the
decompressor
are needed to see this picture.
issue involved in said case and the cognizance of NOTE: Final release of a child based on good
which pertains to another tribunal. (elements conduct does not remove his civil liability for
provided in Rule 111, Section 7 of RoC) damages.
For the principle to apply, it is essential that there be
2 cases involved, a civil and a criminal case. 3. persons acting under an irresistible force
Prejudicial questions must be decided before any or uncontrollable fear – Persons using
criminal prosecution may be instituted or may violence or causing the fear are primarily
proceed. liable. If there are none, those doing the act
are responsible.

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General Rule: no civil liability in justifying industry.


circumstances 2. Any of their servants, pupils, workmen,
Exception: par. 4 of Art. 11, where a person apprentices or employees commits a felony
does an act, causing damage to another, in while in the discharge of his duties.
order to avoid evil or injury, the person 3. The said employee is insolvent and has not
benefited by the prevention of the evil or satisfied his civil liability.
injury shall be civilly liable in proportion to the
benefit he received. Industry – any department or branch of art,
occupation or business; especially one w/c employs
Civil liability in case of state of necessity so much labor and capital is a distinct branch of trade
Those who benefited by the act are liable. The
court shall determine the proportionate amount NOTES:
for which each shall be liable. If the government ƒ Hospitals are not engaged in industry; hence,
or majority of the inhabitants are held they are not subsidiarily liable for acts of
responsible, such will be determined by special nurses.
laws or regulations. ƒ Private persons without business or industry
are not subsidiarily liable.
ART. 102: SUBSIDIARY CIVIL LIABILITY OF ƒ A separate trial is not necessary to enforce
INNKEEPERS, TAVERNKEEPERS AND the subsidiary liability of the employer. The
PROPRIETORS OF ESTABLISHMENTS judgment obligee only needs to file a motion
for subsidiary execution. During the hearing
of the said motion, it is incumbent upon the
PAR. 1 movant to prove that; (1) an employer-
employee relationship exists; (2) the
Requisites: employer is engaged in an industry; (3) the
1. The innkeeper, tavernkeeper or proprietor of convict committed the crime while in the
the establishment or his employee discharge of his duties; and (4) the writ of
committed a violation of municipal ordinance execution was returned unsatisfied.
or some general or special police regulation. ƒ The employer’s subsidiary liability arises
2. A crime is committed in such establishment. when it is proved that the convict committed
3. The person criminally liable is insolvent. the crime while at the service of the employer
NOTE: When all these are present, the innkeeper, and the writ of execution issued against the
tavernkeeper or any other person or corporation is accused is returned unsatisfied. On the other
subsidiarily liable for the crime committed in his hand, if the convict committed the crime but
establishment. NOT while in the service of an employer and
he cannot pay his civil liability, Art. 39 on
PAR. 2: subsidiary penalty will apply.
Requisites:
1. The guests notified in advance the
CIVIL LIABILITIES PECUNIARY
innkeeper of the deposit of such goods
LIABILITIES
within the inn or house.
2. The guests followed the directions of the Includes reparation and Same
innkeeper or his representative with respect indemnification
to the care of and vigilance over such goods. No restitution as the
Includes restitution (return
3. Such goods of QuickTime™
the guests and a
TIFF (Uncompressed) decompressor
lodging therein liabilities are to paid out of
property taken), nothing to
were taken arebyneeded
robbery
to see thisw/ force upon things
picture.
pay in terms of money the property of the
or theft committed within the inn or house.
offender
No fines and costs of Includes fines and costs of
proceedings proceedings
ART. 103: SUBSIDIARY CIVIL LIABILITY OF
OTHER PERSONS
Requisites:
1. The employer, teacher, person or
corporation is engaged in any kind of

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property may be reimbursed with the price


Chapter Two paid therefor if it be acquired at (a) a public
WHAT CIVIL LIABILITY INCLUDES sale and (b) in good faith.
ƒ Circumstances which bar an action for
recovery: (a) torrens title, (b) when sale is
authorized
ƒ When the liability to return a thing arises from
ART. 104: WHAT IS INCLUDED IN CIVIL a contract, and not from a criminal act, the
court cannot order its return in the criminal
case.
ƒ Restitution may be ordered, even if
NOTE: The first remedy granted by law is restitution
accused is acquitted, provided the offense
of the thing taken away by the offender; if restitution
is proved and it is shown that the thing
cannot be made by the offender or by his heirs, the
belongs to someone else.
law allows the offended party reparation. In either
ƒ When crime is not against property, no
case, indemnity for consequential damages may be
restitution or reparation of the thing can be
required.
done.
ƒ Payment of salary of an employee during the
Restitution – In theft, the culprit is duty bound to
period of suspension cannot, as a general
return the property stolen.
rule, be properly decreed by the court in a
judgment of acquittal. It devolves upon the
Reparation – In case of inability to return the
head of the department concerned to do so.
property stolen, the culprit must pay the value of the
ƒ The court has authority to order the
property stolen.
reinstatement of the accused acquitted of a
In case of physical injuries, the reparation of the
crime punishable by the penalty of perpetual
damage caused would consist in the payment of
or temporary disqualification.
hospital bills and doctor’s fees to the offended party.

Indemnification – the loss of salary or earnings


ART. 106: REPARATION; HOW MADE
NOTES:
ART. 105: RESTITUTION; HOW MADE ƒ The court orders reparation if restitution is
not possible.
ƒ Reparation shall be: the price of the thing,
NOTES:
plus its sentimental value.
ƒ The convict cannot, by way of restitution,
ƒ If there is no evidence as to the value of the
give to the offended party a similar thing of
thing unrecovered, reparation cannot be
the same amount, kind or species and
made.
quality. The very thing should be returned.
ƒ Payment by the insurance company does not
ƒ If the property stolen while in the possession
relieve the offender of his obligation to repair
of the third party suffers deterioration due to
the damage caused.
his fault, the court will assess the amount of
ƒ Damages shall be limited to those caused by
the deterioration and, in addition to the return
the crime.
of the property, the culprit will be ordered to
ƒ The accused is liable for the damages
pay such amount.
caused as a result of the destruction of the
ƒ The owner of theQuickTime™ property and a illegally taken by
TIFF (Uncompressed) decompressor property after the crime was committed,
the offender arecan recover
needed it from whomsoever
to see this picture.
either because it was lost or destroyed by the
is in possession thereof. Thus, even if the
rd accused himself or that by any other person
property stolen was acquired by a 3 person
or as a result of any other cause or causes.
by purchase without knowing that it has been
stolen, such property will be returned to the
owner. ART. 107: INDEMNIFICATION; WHAT IS
ƒ If the thing is acquired by a person knowing INCLUDED
that it was stolen, then he is an accessory
NOTES:
and therefore criminally liable.
ƒ Indemnity refers to crimes against persons
ƒ The third party who acquired the stolen
while reparation to crimes against property.

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ƒ Indemnity for medical services still unpaid jointly and severally liable, for the indemnity due from
may be recovered. said principal.
ƒ Contributory negligence on the part of the
offended party reduces the civil liability of the ART. 110: SEVERAL AND SUBSIDIARY
offender. LIABILITY OF PRINCIPALS, ACCOMPLICES
ƒ The civil liability may be increased only if it AND ACCESSORIES OF A FELONY;
will not require an aggravation of the decision PREFERENCE IN PAYMENT
in the criminal case on which it is based.
ƒ The amount of damages for death shall be at Each class of principals, accomplices and
least 50,000, even though there may have accessories is liable solidary for their share and
been mitigating circumstances. subsidiarily liable for the share of the other classes.
ƒ In addition:
1. payment for the loss of the earning Preference In Enforcement Of Subsidiary
capacity of the deceased Liability:
2. If the deceased was obliged to give 1. against the property of the principal
support, the recipient, who is not an 2. against that of the accomplice
heir, may demand support from the 3. against that of the accessories
defendant.
3. The spouse, illegitimate descendants ART. 111: OBLIGATION TO MAKE
and ascendants of the deceased RESTITUTION IN CERTAIN CASES
may demand for moral damages.
NOTES:
Moral damages may be recovered in the ƒ This refers to a person who has participated
following: gratuitously in the proceeds of a felony and
1. physical injuries he is bound to make restitution in an amount
2. seduction, abduction, rape equivalent to the extent of such participation.
3. adultery, concubinage ƒ The third person must be innocent of the
4. illegal or arbitrary detention commission of the crime, otherwise he would
5. illegal search be liable as an accessory and this article will
6. libel, slander, defamation not apply.
7. malicious prosecution
Ex. A stole a ring worth 1k which he gave to B who
ART. 108: OBLIGATION TO MAKE accepted it without knowledge that it was stolen. B
RESTORATION, REPARATION FOR DAMAGES, sold the ring to C for 500. B is liable to make
OR INDEMNIFICATION FOR CONSEQUENTIAL restitution up to 500 only.
DAMAGES AND ACTIONS TO DEMAND THE
SAME; UPON WHOM IT DEVOLVES
Chapter Three
NOTES: EXTINCTION AND SURVIVAL OF CIVIL
ƒ The heirs of the person liable has no LIABILITY
obligation if restoration is not possible and
the deceased left no property.
ƒ Civil liability is possible only when the
offender dies after final judgment.
ƒ If the death of the offender took place before ART. 112: EXTINCTION OF CIVIL LIABILITY
QuickTime™ and a
any final TIFFjudgment of conviction was
(Uncompressed) decompressor
are needed to see this picture.
rendered against him, the action for Civil Liability Is Extinguished By:
restitution must necessarily be dismissed. 1. payment or performance
2. loss of the thing due
3. condonation or remission of the debt
ART. 109: SHARE OF EACH PERSON CIVILLY
4. confusion or merger of the rights of creditor
LIABLE
and debtor
NOTE: In case of insolvency of the accomplices, the 5. compensation
principal shall be subsidiarily liable for their share of 6. novation
the indemnity. In case of the insolvency of the
principal, the accomplices shall be subsidiarily liable,

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NOTES:
ART. 113: OBLIGATION TO SATISFY CIVIL • Treason – breach of allegiance to the
LIABILITY government by a person who owes
allegiance to it.
NOTES: • Allegiance – obligation of fidelity and
ƒ Unless extinguished, civil liability subsists obedience which individuals owe to the
even if the offender has served sentence government under which they live or to their
consisting of deprivation of liberty or other sovereign, in return for protection they
rights or has not served the same, due to receive
amnesty, pardon, commutation of the • Treason is a war crime - punished by state
sentence or any other reason. as a measure of self-protection
ƒ Under the law as amended, even if the • Committed in times of war (not peace)
subsidiary imprisonment is served for non- when
payment of fines, this pecuniary liability of the - there is actual hostilities
defendant is not extinguished. - no need for a declaration of war.
ƒ While amnesty wipes out all traces and • Mere acceptance of public office and
vestiges of the crime, it does not extinguish discharge of official duties under the enemy
the civil liability of the offender. A pardon shall do not constitute per se the felony of treason.
in no case exempt the culprit from the But when the position is policy-determining,
payment of the civil indemnity imposed upon the acceptance of public office and the
him by the sentence. discharge of official duties constitute treason.
ƒ Probation affects only the criminal aspect of
the crime.
PERSONS LIABLE:
1. Filipino – permanent allegiance; can commit
treason anywhere
2. Alien Residing – temporary allegiance;
BOOK II commit treason only while residing in
Philippines

NOTES:
• Treason committed in a foreign country may
TITLE ONE be prosecuted in the Philippines. (Art.2,
CRIMES AGAINST NATIONAL SECURITY RPC)
AND THE LAW OF NATIONS • Treason by an alien must be committed in
the Philippines. (EO 44).

Section 1 – Treason and Espionage WAYS TO COMMIT TREASON:


1. Levying war against government - requires:
ART 114. TREASON a. Actual assembling of men
b. Purpose of executing a treasonable
ELEMENTS: design, by force
2. Adheres to enemies – following must
1. Offender is a Filipino citizen or an alien concur together:
QuickTime™ and a
resident; TIFF (Uncompressed) decompressor a. Actual adherence
are needed to see this picture.
2. There’s a war in and Philippines is b. Give aid or comfort
involved; and
3. Offender either – NOTES:
a. Levies war against the
• Levying war - must be with intent to
government; or
overthrow the government as such, not
b. Adheres to enemies, giving aid or
merely to repeal a particular statute or to
comfort.
resist a particular officer.
• Not necessary that those attempting to
overthrow the government by force of arms

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should have the apparent power to and is therefore inseparable from treason
succeed in their design, in whole or in part itself.
• Adherence – intellectually or emotionally • DEFENSE:
favors the enemy and harbors sympathies or - Duress or uncontrollable fear
convictions disloyal to his country’s policy or - Obedience to de facto government
interest. • NOT DEFENSE:
• Aid or Comfort – act w/c strengthens or - Suspended allegiance
tends to strengthen the enemy of the - Joining the enemy army thus becoming a
government in the conduct of war against the citizen of the enemy
government, or an act w/c weakens or tends
to weaken the power of the government or
the country to resist or to attack the enemies ART. 115. CONSPIRACY AND PROPOSAL TO
of the gov’t or country COMMIT TREASON
WAYS TO PROVE:
1. Treason ELEMENTS – CONSPIRACY:
a. Testimony of at least 2 witnesses
to the same overt act 1. In time of war;
b. Judicial confession of accused 2. Two or more persons come to an agreement
2. Adherence to -
a. One witness a. levy war against the government, or
b. Nature of act itself b. adhere to the enemies and to give
c. Circumstances surrounding act them aid or comfort
3. They decide to commit it.
NOTES:
• To convict: testimonies must relate to the ELEMENTS – PROSOPAL:
same overt act – not two similar acts 1. In time of war
• If act is separable – each witness can testify 2. A person who has decided to levy war
to parts of it; but the act, as a whole, must be against the government, or to adhere to the
identifiable as an overt act enemies and to give them aid or comfort
• Confession must be in open court 3. Proposes its execution to some other
• Reason for 2-witness rule Æ special nature person/s.
of the crime requires that the accused be
afforded a special protection not required in General Notes:
other cases so as to avoid a miscarriage of • As a general rule, conspiracy and proposal to
justice. Extreme seriousness of the crime, commit a felony is not punishable (ART.8).
for which death is one of the penalties Art 115 is an exception as it specifically
provided by law, and the fact that the crime is penalizes conspiracy and proposal to
committed in abnormal times, when small commit treason.
differences may in mortal enmity wipe out all • Mere agreement and decision to commit
scruples in sacrificing the truth. treason is punishable.
• Two-witness rule – not applicable since this
General Notes: is a crime separate from treason
• Inherent circumstances Æ they do not • Mere proposal even without acceptance is
aggravate the crime QuickTime™ and a
punishable, too. If the other accepts, it is
- EvidentTIFFpremeditation
(Uncompressed) decompressor
are needed to see this picture. already conspiracy.
- superior strength • If actual acts of treason are committed after
- treachery the conspiracy or proposal, the crime
• Treason is a continuing crime. Even after the committed will be treason, and the
war, offender can still be prosecuted. conspiracy or proposal is considered as
• No treason through negligence since it must a means in the commission thereof.
be intentional
• No complex crime of treason with murder –
murder is the overt act of aid or comfort

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ART. 116. MISPRISION OF TREASON 2. By disclosing to the representative of a


foreign nation the contents of the articles,
data or information referred to in the
preceding paragraph, which he had in his
ELEMENTS: possession by reason of the public office he
1. Offender owes allegiance to the government holds.
2. Not a foreigner
3. Has knowledge of any conspiracy (to ELEMENTS:
commit treason) against the government 1. That the offender is a public officer;
4. He conceals or does not disclose the same 2. That he has in his possession the
to the authorities in w/c he resides. articles, data or information referred
to in the first mode of committing
NOTES: espionage, by reason of the public
• Offender is punished as an accessory to the office he holds; and
crime of treason. 3. That he discloses their contents to
• But is actually principal to this crime. a representative of a foreign
• Crime doesn’t apply if crime of treason is nation.
already committed and it is not reported.
• It is a crime of omission. PERSONS LIABLE:
• RPC mentions 4 individuals (i.e. governor, 1. First mode:
provincial fiscal, mayor or city fiscal), but a. Filipino
what if you report to some other high-ranking b. alien residing
government. official? 2. Second mode:
Ex: PNP Director? Judge Pimentel says any a. Offender is a public officer.
governement. official of the DILG is OK..
NOTES:
ART. 117. ESPIONAGE • Being a public officer is a requirement in
the second paragraph
ESPIONAGE – is the offense of gathering, • It is aggravating in the first.
transmitting, or losing information respecting the
national defense with intent or reason to believe General Notes:
that the information is to be used to the injury of • Espionage is the offense of gathering,
the Republic of the Philippines or the advantage of transmitting, or losing information respecting
a foreign nation. the national defense with the intent or
reason to believe that the information is
to be used to the injury of the Philippines or
the advantage of any foreign nation. It is not
conditioned on citizenship.
MODES of COMMITTING ESPIONAGE:
• Wiretapping is not espionage if the purpose
1. By entering, without authority, a warship,
is not connected with the defense.
fort, or military or naval establishment or
reservation to obtain any information, plan or • In the first mode of committing the felony, it
other data of confidential nature relative to is not necessary that the offender
the defense of the Philippines. succeeds in obtaining the information.
ELEMENTS: QuickTime™ and a
TIFF (Uncompressed) decompressor
1. That the offender enters a warship,
are needed to see this picture. TREASON ESPIONAGE
fort, naval or military In both – not conditioned by citizenship of offender
establishment or reservation; Committed in war time War and Peace time
2. That he has no authority therefore; Limited in two ways of Committed in many ways
and committing crime:
3. That his purpose is to obtain levying war, and
information, plans, photographs or adhering to the enemy
other data of a confidential nature giving him aid or
relative to the defense of the comfort
Philippines.

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ART. 119. VIOLATION OF NEUTRALITY


C.A. NO. 616
An Act to Punish Espionage and Other
Offenses Against National Security ELEMENTS:
1. That there is war in which the Philippines is
not involved;
ACTS PUNISHABLE: 2. That there is a regulation issued by
1. Unlawfully obtaining or permitting to be competent authority for the purpose of
obtained information affecting national enforcing neutrality; and
defense; 3. That the offender violates such regulation.
2. Unlawful disclosing of information affecting NOTES:
national defense; • This crime is committed only in time of
3. Disloyal acts or words in time of peace (i.e. war.
causing in any manner insubordination,
• Neutrality of the Philippines that was
disloyalty, mutiny or refusal of duty of any
violated.
member of the military, naval, or air forces of
• There has to be a regulation issued by
the Philippines);
competent authority for enforcement of
4. Disloyal acts in time of war;
neutrality – offender violated it
5. Conspiracy to commit the foregoing acts;
6. Harboring or concealing violators of the • Being a public officer or employee has
law (i.e. the offender harbors a person whom higher penalty
he knows as someone who committed or is
about to commit a violation of this Act); and ART. 120. CORRESPONDECE WITH HOSTILE
7. Photographing from aircraft of vital military COUNTRY
information.
ELEMENTS:
1. There’s a war in and Philippines is
Section Two – Provoking War & Disloyalty in involved;
Case of War 2. That the offender makes correspondence
with an enemy country or territory
occupied by enemy troops;
3. That the correspondence is either –
ART. 118. INCITING TO WAR OR GIVING a. prohibited by the government, or
MOTIVES FOR REPRISALS b. carried on in ciphers or
conventional signs, or
ELEMENTS: c. containing notice or information
1. Offender performs unlawful or which might be useful to the
unauthorized acts; enemy.
2. Such acts provoke or give occasion for a
war involving or liable to involve the QUALIFYING CIRCUMSTANCES:
Philippines or expose Filipino citizens to 1. Notice or information might be useful to the
reprisals on their persons or property; enemy.
2. Offender intended to aid the enemy.
NOTES:
QuickTime™ and a NOTES:
• Crime is TIFF
committed
(Uncompressed)indecompressor
time of peace.
are needed to see this picture. • Circumstances qualifying the offense:
• Intent of the offender is immaterial.
1. notice or information might be useful
• In inciting to war, the offender is any
to the enemy
person. If the offender is a public officer,
2. offender intended to aid the enemy
the penalty is higher.
• A hostile country exists only during
• Reprisals are not limited to military
hostilities or after the declaration of war.
action, it could be economic reprisals, or
• Correspondence to enemy country is
denial of entry into their country.
correspondence to officials of enemy
• Example: X burns Chinese flag. If China
country even if said official is related to
bans the entry of Filipinos into China, that
the offender.
is reprisal.

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• It is not correspondence with private PIRACY – it is robbery or forcible depredation on


individual in enemy country. the high seas, without lawful authority and done
• If ciphers were used, no need for with animo furandi and in the spirit and intention of
prohibition of the government. universal hostility.
• If ciphers were not used, there is a need
for prohibition of the government.
• It is immaterial if correspondence
contains innocent matters. If prohibited, MUTINY – the unlawful resistance to a superior, or
correspondence is punishable. the raising of commotions and disturbances on
board a ship against the authority of its
commander.
ART. 121. FLIGHT TO ENEMY’S COUNTRY
ELEMENTS of PIRACY:
1. A vessel is on the high seas or Philippine
ELEMENTS: waters;
1. There’s a war and Philippines is involved; 2. Offenders – not members of its complement
2. Offender owes allegiance to the nor passengers of the vessel; and
government; 3. That the offenders –
3. Offender attempts to flee or go to enemy a. attack or seize vessel (if committed by
country; and crew or passengers, the crime is not
4. Going to enemy country is prohibited by piracy but robbery in the high seas), or
competent authority. b. seize whole or part of vessel’s cargo,
equipment or personal belongings
PERSONS LIABLE: of its complement or passengers.
1. Filipino citizen
2. Alien residing in the Philippines NOTES:
• High seas - any waters on the sea coast
NOTES: which are without the boundaries of the low
• Mere attempt consummates the crime. water mark although such waters may be in
• There must be a prohibition. If there is the jurisdictional limits of a foreign
none, even if one went to enemy country, government; parts of the sea that are not
there is no crime. included in the exclusive economic zone, in
• An alien resident may be held guilty for the territorial seas, or in the internal waters of
this crime because an alien owes a state, or in the archipelagic waters of an
allegiance to the Philippine government archipelagic state (United Nations
albeit temporary. Convention on the Law of the Sea).
• Philippine waters – all bodies of water, such
as but not limited to seas, gulfs, bays, around,
Section Three – Piracy & Mutiny on The High between and connecting each of the islands of
Seas the Philippine Archipelago, irrespective of its
depth, breath, length or dimension, and all
ART. 122. PIRACY IN GENERAL AND MUTINY waters belonging to the Philippines by historic
ON THE HIGH SEAS or legal title, including territorial sea, the sea-
bed, the insular shelves, and other submarine
PIRACY – MODESTIFFTO
QuickTime™ and a
COMMIT:
(Uncompressed) decompressor
areas over which the Philippines has
are needed to see this picture.
1. By attacking or seizing a vessel on the high sovereignty and jurisdiction. (Sec. 2, P.D. No.
seas or in the Philippine waters (PD 532); 532)
2. By seizing the whole or part of the cargo of • Now, Art. 122, as amended by R.A. 7659
said vessels, its equipment or personal Piracy and Mutiny in Philippine waters is
belongings of its complement or passengers, punishable.
the offenders being strangers to the • Before R. A. 7659 amended Art 122, piracy
vessels. and mutiny only on the high seas was
punishable. However, the commission of the
acts described in Arts. 122 and 123 in
Philippine waters was under P.D. No. 532.

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• Piracy in high seas – jurisdiction of any court 3. Directly or indirectly abets the commission of
where offenders are found or arrested. piracy.
• Piracy in internal waters – jurisdiction of
Philippine courts. NOTE: Under PD 532, piracy may be committed
• For purposes of the Anti-Fencing Law, even by a passenger or member of the
piracy is part of robbery and theft. complement of the vessel.

PIRACY MUTINY ART. 123. QUALIFIED PIRACY


Robbery or forcible Unlawful resistance to a
degradation on the superior officer, or the QUALIFYING CIRCUMSTANCES:
high seas, without raising of commotion and 1. Seizure of the vessel by boarding or firing
lawful authority and disturbances on board a upon the same;
done with animo ship against the authority of 2. Abandonment of victims without means of
furandi and in the spirit its commander. saving themselves; or
and intention of 3. Piracy was accompanied by murder,
universal hostility. homicide, physical injuries, or rape.
Intent to gain is an Intent to gain is not an
element. element NOTES:
Attack from outside. Attack from the inside. • Parricide/infanticide should be included
Offenders are (according to Judge Pimentel).
strangers to the vessel. • There is a conflict between this
provision and the provision on rape.
Ex: If rape is committed on someone
PIRACY ROBBERY ON HIGH below 7 yrs. old – penalty is death
SEAS under the new rape law. But if rape
The offender is an The offender is a member committed on someone below 7
outsider. of the complement or a during the time of piracy – reclusion
passenger of the vessel. perpetua to death.
In both, there is intent to gain and the manner of • Themurder/rape/homicide/physical
committing the crime is the same. injuries must have been committed on the
passengers or on the complement of the
vessel.
WITHIN PHIL. WATERS • Piracy is a crime not against any particular
state but against all mankind. It may be
punished in the competent tribunal of any
Art. 122, RPC PD 532, Anti-Piracy country where the offender may be found
or into which he may be carried.
Offender is an outsider Offender is crew or • QUALIFIED PIRACY – a SPECIAL
passenger COMPLEX CRIME punishable by reclusión
perpetua to death, regardless of the
number of victims.

PD 532 (ANTI-PIRACYQuickTime™
AND ANTI-HIGHWAY
and a
TIFF (Uncompressed) decompressor
ROBBERY are needed to seeOF
LAW 1974)
this picture. R. A. NO. 6235
Anti-Hijacking Law

VESSEL – any vessel or watercraft used for (a)


transport of passengers and cargo or (b) for fishing. ACTS PUNISHABLE:
1. By compelling a change in the course or
AIDING OR ABETTING PIRACY REQUISITES: destination of an aircraft of Philippine
1. Knowingly aids or protects pirates; registry, or seizing or usurping the control
2. Acquires or receives property taken by such thereof while it is in flight;
pirates, or in any manner derives any benefit;

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2. By compelling an aircraft of foreign


registry to land in Philippine territory or ART. 124. ARBITRARY DETENTION
seizing or usurping the control thereof
while it is in the said territory; and ELEMENTS:
3. By shipping, loading, or carrying in any 1. That the offender is a public officer or
passenger aircraft operating as a public utility employee (whose official duties include the
w/in the Philippines, any explosive, authority to make an arrest and detain
flammable, corrosive or poisonous persons);
substance or material. 2. That he detains a person; and
3. That it was without legal grounds.
IN FLIGHT – From the moment all exterior doors
are closed following embarkation until the same NOTES:
doors are again opened for disembarkation. • Arbitrary detention is the deprivation by a
public officer of the liberty of a person w/o
NOTES: (Atty. Palacios) any legal ground.
• Where the aircraft is of Philippine registry, • Though the elements specify that the
the offense must be committed while in offender be a public officer or employee,
flight. Hence, the act must take place after private individuals who conspire with
all exterior doors are closed following public officers can be liable as principals.
embarkation. • Legal grounds for the detention of any
• Where the aircraft is of foreign registry, person:
offense need not take place while in - commission of a crime
flight. - violent insanity or other ailment
requiring compulsory confinement of
QUALIFYING CIRCUMSTANCES (Par 1 & 2): the patient in a hospital
1. Firing upon the pilot, member of the crew or • Grounds for warrantless arrest:
passenger of the aircraft; - Crime is about to be, is being, or has
2. Exploding or attempting to explode any been committed;
bomb or explosive to destroy the aircraft; or - Arresting officer must have personal
3. The crime is accompanied by murder, knowledge that the person probably
homicide, serious physical injuries, or committed the crime; or
rape. - Person to be arrested is an escaped
prisoner.
NOTES: (Atty. Palacaios) • Rolito Go v. CA is an example of arbitrary
• For “firing upon” to qualify the offense, the detention (Judge Pimentel)
offender must have actually fired his • Ramos v. Enrile: Rebels later on retire.
weapon. Mere attempt is not enough. Once you have committed rebellion and
• For “firing upon” to qualify the offense, the have not been punished or amnestied,
offender need not succeed in hitting the the rebels continue to engage in
pilot, crew member or passenger. rebellion, unless the rebels renounce
their affiliation. Arrest can be made
without a warrant because rebellion is a
TITLE TWO continuing crime.
CRIMES AGAINST THE FUNDAMENTAL LAWS
OF THEQuickTime™
STATE and a
TIFF (Uncompressed) decompressor
are needed to see this picture. ART. 125. DELAY IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES
CLASSES OF ARBITRARY DETENTION:
1. By detaining a person without legal
ground ELEMENTS:
2. Delay in the delivery of detained persons to 1. That the offender is a public officer or
the proper judicial authorities employee;
3. Delaying release 2. That he has detained a person for some
legal ground; and

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3. That he fails to deliver such person to the


proper judicial authority within: ART. 126: DELAYING RELEASE
a. 12 hours, detained for crimes
punishable by light penalties, or ELEMENTS:
equivalent; 1. That the offender is a public officer or
b. 18 hours, for crimes punishable by employee;
correctional penalties, or their 2. That there is a judicial or executive order
equivalent; or for the release of a prisoner or detention
c. 36 hours, for crimes/offenses prisoner, or that there is a proceeding upon
punishable by capital punishment or a petition for the liberation of such person;
afflictive penalties, or their and
equivalent. 3. That the offender without good reason
delays:
NOTES: a. the service of the notice of such order
• The felony means delay in filing the to the prisoner, or
necessary information or charging of b. the performance of such judicial or
person detained in court which may be executive order for the release of the
waived if a preliminary investigation is prisoner, or
asked for. This does not contemplate c. the proceedings upon a petition for
actual physical delivery. the release of such person.
• The filing of the information in court beyond
the specified periods does not cure NOTE:
illegality of detention. Neither does it • Wardens and jailers are the persons most
affect the legality of the confinement under likely to violate this provision.
process issued by the court.
• To prevent committing this felony, officers
usually ask accused to execute a waiver ART. 127. EXPULSION
of Art. 125 which should be under oath
and with assistance of counsel. Such ELEMENTS:
waiver is not violative of the constitutional 1. That the offender is a public officer or
right of the accused. employee;
• Contemplates arrest by virtue of some legal 2. That he expels any person from the
ground or valid warrantless arrest. Philippines, or compels a person to change
• If arrested by virtue of arrest warrant, person his residence; and
may be detained until case is decided. 3. That the offender is not authorized to do so
by law.
• LENGTH OF WAIVER:
- Light offense – 5 days. ACTS PUNISHABLE:
- Serious and less serious offenses – 7 to 1. by expelling a person from the Philippines; or
10 days. (Judge Pimentel) 2. by compelling a person to change his
- If offender is a private person, the residence
crime is illegal detention.
NOTES:
ARBITRARY DELAY IN DELIVERY • Acts punishable:
DETENTION (124) OF DETAINED (125)
QuickTime™ and a
• The crime of expulsion absorbs that of
TIFF (Uncompressed) decompressor grave coercion. If done by a private
Detention is illegal Detention is legal in the
are needed to see this picture.
person, act will amount to grave coercion.
from the beginning. beginning, but illegality
• Crime does not include expulsion of
starts from the
undesirable aliens, destierro, or when sent to
expiration of the
prison.
specified periods
• If a Filipino who, after voluntarily leaving the
without the persons
country, is illegally refused re-entry is
detained having been
considered a victim of being forced to
delivered to the proper
change his address.
judicial authority.

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• Threat to national security is not a valid


ground to expel or to compel one to ACTS PUNISHABLE:
change his address. 1. procuring a search warrant without just
• The Chief Executive has the power to cause
deport undesirable aliens.
ELEMENTS:
1. That the offender is a public officer or
ART. 128. VIOLATION OF DOMICILE
employee;
ELEMENTS: 2. That he procures a search warrant;
1. That the offender is a public officer or and
employee; 3. That there is no just cause.
2. That he is not authorized by judicial order to
enter the dwelling and/or to make a 2. exceeding his authority by using
search therein for papers or other effects; unnecessary severity in executing a
and search warrant legally procured
3. That he commits any of the following acts:
a. entering any dwelling against the will ELEMENTS:
of the owner thereof; 1. That the offender is a public officer or
b. searching papers or other effects employee;
found therein without the previous 2. That he has legally procured a
consent of such owner; search warrant; and
c. refusing to leave the premises, after 3. That he exceeds his authority or
having surreptitiously entered said uses unnecessary severity in
dwelling and after having been executing the same.
required to leave the same.
NOTES:
SPECIAL AGGRAVATING CIRCUMSTANCES: • Search warrant is valid for 10 days from its
1. nighttime date of issue.
2. papers or effects not constituting evidence of • If there is no just cause, the warrant is
a crime are not returned immediately unjustified.
• The search is limited to what is described
NOTES: in the warrant, all details must be with set
• The judicial order is the search warrant. forth with particularity.
• If the offender who enters the dwelling • Example of a warrant maliciously obtained: X
against the will of the owner thereof is a was a respondent of a search warrant for
private individual, the crime committed is illegal possession of firearms. A return was
trespass to dwelling (Art 280). made. The gun did not belong to X and the
• When a public officer searched a person witness had no personal knowledge that there
“outside his dwelling” without a search is a gun in that place.
warrant and such person is not legally
arrested for an offense, the crime committed • Examples of abuse in service of warrant:
by the public officer is either: 1. X owner was handcuffed while
- grave coercion if violence or search was going-on.
intimidation is used (Art 286), or 2. Tank was used to ram gate prior to
- unjust vexationQuickTime™ifand there
a is no violence announcement that a search will be
or TIFF
intimidation (Art 287).
(Uncompressed) decompressor
are needed to see this picture. made.
• Public officer without a search warrant 3. Persons who were not respondents
cannot lawfully enter the dwelling against the were searched.
will of the owner, even if he knew that • An exception to the necessity of a search
someone in that dwelling is in unlawful warrant is the right of search and seizure as
possession of opium. an incident to a lawful arrest.

ART. 129. SEARCH WARRANTS


MALICIOUSLY OBTAINED, AND ABUSE IN
THE SERVICE OF THOSE LEGALLY
OBTAINED
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ART. 130. SEARCHING DOMICILE WITHOUT • Meeting must be peaceful and there is no
WITNESSES legal ground for prohibiting, dissolving or
interrupting that meeting.
• Offender must be a stranger, not a
ELEMENTS:
participant, in the peaceful meeting;
1. That the offender is a public officer or
otherwise, the offense is unjust
employee;
vexation.
2. That he is armed with a search warrant
• Interrupting and dissolving a meeting of the
legally procured;
municipal council by a public officer is a
3. That he searches the domicile, papers or
crime against the legislative body and
other belongings of any person; and
not punishable under this article.
4. That the owner, or any member of his
family, or two witnesses residing in the • The person talking on a prohibited subject at
same locality are not present. a public meeting contrary to agreement
that no speaker should touch on politics
NOTES: may be stopped.
• Order of those who must witness the • But stopping the speaker who was attacking
search: certain churches in public meeting is a
- Homeowner violation of this article.
- Members of the family of sufficient • Those holding peaceful meetings must
age and discretion comply with local ordinances. Example:
- Responsible members of the Ordinance requires permits for meetings
community in public places. But if a police stops a
• Validity of the search warrant can be meeting in a private place because
questioned only in 2 courts: where issued there’s no permit, officer is liable for
or where the case is pending. The latter is stopping the meeting.
preferred for objective determination.
ART. 132. INTERRUPTION OF RELIGIOUS
ART. 131. PROHIBITION, INTERRUPTION, AND ELEMENTS:
DISSOLUTION OF PEACEFUL MEETINGS 1. That the officer is a public officer or
employee;
2. That religious ceremonies or
ELEMENTS: manifestations of any religion are about to
1. Offender is a public officer or employee; take place or are going on; and
2. He performs any of the following acts: 3. That the offender prevents or disturbs the
a. prohibiting or interrupting, without same.
legal ground the holding of a peaceful
meeting, or dissolving the same NOTES:
(e.g. denial of permit in arbitrary
manner). Qualifying circumstances:
b. hindering any person from joining 1. violence; or
any lawful association or from 2. threats.
attending any of its meetings
c. prohibiting or hindering any person • Reading of Bible and then attacking certain
QuickTime™ and a
fromTIFFare(Uncompressed)
addressing, either alone or
decompressor
needed to see this picture. churches in a public plaza is not a
together with others, any petition to ceremony or manifestation of religion, but
the authorities for the correction of only a meeting of a religious sect. But if
abuses or redress of grievances. done in a private home, it’s a religious
service.
NOTES: • Religious Worship includes people in the act
• If the offender is a private individual, the of performing religious rites for a religious
crime is disturbance of public order ceremony or a manifestation of religion.
(Art 153). Examples: Mass, baptism, marriage

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• X, a private person, boxed a priest while the (132) ntal law religious =
priest was giving homily and maligning a of the tumult or
relative of X. Is X liable? X may be liable state alarms
under Art 133 (Offending religious feelings) If not
because X is a private person. notoriously
offensive =
unjust
ART. 133. OFFENDING RELIGIOUS FEELINGS vexation
Offending Crime Public If not tumults
ELEMENTS: the against officers, = alarms
1. Acts complained of were performed – Religious public private and scandal
a. in a place devoted to religious Feeling order persons, If meeting
feelings, or (133) outsiders illegal at
b. during the celebration of any onset =
religious ceremony inciting to
2. Acts must be notoriously offensive to the sedition or
feelings of the faithful; rebellion
3. Offender is any person; and
4. There’s a deliberate intent to hurt the
feelings of the faithful, directed against
religious tenet.
TITLE THREE
NOTES: CRIMES AGAINST PUBLIC ORDER
• If in a place devoted to religious purpose,
there is no need for an ongoing
religious ceremony.
• Example of religious ceremony (acts
POLITICAL CRIMES – are those directly aimed
performed outside the church):
against the political order, as well as such common
Processions and special prayers for
crimes as may be committed to achieve a political
burying dead persons but NOT prayer
purpose. The decisive factor is the intent or motive.
rallies.
• Acts must be directed against religious
practice or dogma or ritual for the
purpose of ridicule, as mocking or ART. 134. REBELLION OR INSURRECTION
scoffing or attempting to damage an
object of religious veneration.
ELEMENTS:
• There must be deliberate intent to hurt the 1. That there be a public armed uprising; and
feelings of the faithful, mere arrogance 2. That the purpose of the uprising or
or rudeness is not enough. movement is either:
a. to remove from the allegiance to
CRIME NATURE WHO IF ELEMENT said government or its laws the
OF ARE MISSING territory of the Philippines or any part
CRIME LIABLE thereof or any body of land, naval or
Prohibition, Crime Public If not by other armed forces, or
Interruption against officers,
QuickTime™ and a
TIFF (Uncompressed) decompressor
public officer b. to deprive the chief executive or
and the are needed toOutsiders
see this picture. = congress, wholly or partially, of any
Dissolution fundame Tumults of their powers or prerogatives.
of ntal law
Peaceful of the PERSONS LIABLE:
Meeting state 1. Any person who: (a) promotes, (b) maintains,
(131) or (c) heads a rebellion or insurrection
Interruption Crime Public If by insider = (leader);
of against officers, unjust 2. Any person merely participating or
Religious the Outsiders vexation executing the command of others in
Worship fundame If not rebellion (participant); and

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3. Any person who in fact directed the others, c. signed receipts and other documents
spoke for them, signed receipts and other issued in their name, and d. performed
documents issued in their name, or similar acts on behalf of the rebels.
performed similar acts, on behalf of the • Diverting public funds is malversation
rebels (person deemed leader when leader absorbed in rebellion.
is unknown) • Public officer must take active part, because
mere silence or omission is not
NOTES: punishable as rebellion.
• Rebellion is the term used where the object • In rebellion, it is not a defense that the
of the movement is completely to accused never took the oath of
overthrow and supersede the existing allegiance, or that they never recognized
government. the government.
• Insurrection refers to a movement which
seeks merely to effect some change of ART. 134 – A. COUP D’ ETAT
minor importance to prevent the exercise
of governmental authority w/ respect to ELEMENTS:
particular matters or subjects. 1. Offender is a person or persons belonging to
• Purpose of the uprising must be shown the military, or police or holding any public
but it is not necessary that it be office or employment,
accomplished. 2. Committed by means of swift attack,
• If there is no public uprising, the crime is accompanied by violence, intimidation,
direct assault. threat, strategy or stealth;
• Mere giving of aid or comfort is not 3. Directed against:
criminal in the case of rebellion. There a. duly constituted authorities of the
must be ACTUAL participation. Philippines
• people vs. Hernandez ruling: rebellion b. any military camp or installation
cannot be complexed with ordinary c. communication networks, public
crimes done pursuant to it utilities or other facilities needed for
• people vs. Geronimo ruling: crimes done the exercise and continued
for private purposes without political possession of power
motivation should be separately 4. For the purpose of seizing or diminishing
punished state power.
• Enrile vs. Salazar ruling: upheld
Hernandez
• Thus: Rebellion absorbs other crimes PERSONS LIABLE:
committed in furtherance of rebellion. 1. Any person who leads or in any manner
Illegal possession of firearms in directs or commands others to undertake
furtherance of rebellion is absorbed by coup d’etat (leaders);
the crime of rebellion. A private crime 2. Any person in the government service who
may be committed during rebellion. participates or executes directions or
Rape, even if not in furtherance of commands of others in undertaking coup
rebellion cannot be complexed with d’etat (participants from government);
rebellion. 3. Any person not in the government service
• Rebellion is a continuing crime along with who participates, or in any manner, supports,
the crime of QuickTime™
conspiracy and a or proposal to finances, abets, or aids in undertaking a coup
TIFF (Uncompressed) decompressor
commit rebellion.
are needed to see this picture.
d’etat (participants not from government);
and
• If killing or robbing were done for private
4. Any person who in fact directed the others,
purposes or for profit, without any
spoke for them, signed receipts and other
political motivation, the crime would
documents issued in their name, or
• be separately be punished and would not
performed similar acts, on behalf of the
be embraced by rebellion (People v.
rebels (deemed leader if leader is unknown)
Fernando).
• If the leader is unknown, a person is
deemed a leader of rebellion if he: a.
directed the others, b. spoke for them,

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TREASON (114) REBELLION (134) COUP D’ETAT (134-A) SEDITION (139)

National Security Public Order Public Order Public Order


Nature of
Crime

Levying war against the Public uprising Attack against authorities, Rising publicly
Overt acts gov’t; AND military camp, networks or and tumultuously
OR Taking up arms against public utilities, or other facilities (more
Adherence and giving the gov’t for power than 3 men who are armed or
aid or comfort to provided with
enemies means of violence)

Purpose Deliver the gov’t to the Removing territory , or Seizing or diminishing state See enumeration in article.
enemy during war body of armed forces, or power.
depriving the Chief
Executive or Legislature

QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

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ART. 135. PENALTY FOR REBELLION,


INSURRECTION OR COUP D’ ETAT NOTES:
• Organizing a group of soldiers, soliciting
membership in, and soliciting funds for the
WHO ARE LIABLE AND PENALTIES: organization show conspiracy to overthrow
the government.
REBELLION: • The mere fact of giving and rendering
1. Leaders – reclusion perpetua speeches favoring Communism would not
2. Participants – reclusion temporal make the accused guilty of conspiracy if
3. Deemed leader – reclusion perpetua there is no evidence that the hearers then
and there agreed to rise up in arms
COUP D’ETAT: against the government.
1. Leaders – reclusion perpetua • The advocacy of Communism or
2. Participants (gov’t) – reclusion temporal Communistic theory is not a criminal act
3. Participants (not gov’t) – prision mayor of conspiracy unless converted into
4. Deemed leader – reclusion perpetua advocacy of action.
• Only when the Communist advocates action and
actual uprising, war or otherwise, does he
ART. 136. CONSPIRACY AND PROPOSAL TO become guilty of conspiracy to commit
COMMIT COUP D’ ETAT, REBELLION OR rebellion. (People vs. Hernandez
INSURRECTION
ART. 137. DISLOYALTY OF PUBLIC
ELEMENTS OF CONSPIRACY:
OFFICERS OR EMPLOYEES
1. Two or more persons come to an agreement
to rise publicly and take arms against the
government;
2. For any of the purposes of rebellion; and ACTS PUNISHABLE:
3. They decide to commit it. 1. Failing to resist rebellion by all the means
in their power; or
ELEMENTS OF PROPOSAL: 2. Continuing to discharge the duties of their
1. A person who has decided to rise publicly offices under the control of rebels; or
and take arms against the government; 3. Accepting appointment to office under
2. For any of the purposes of rebellion; and rebels.
3. Proposes its execution to some other
person/s. NOTES:
• There must be actual rebellion for this crime
PROPOSAL TO INCITING TO to be committed.
COMMIT REBELLION • It must not be committed in conspiracy
REBELLION with rebels or coup plotters for this crime
In both, the offender induces another to to be committed.
commit rebellion • If position is accepted in order to protect the
In both, the crime of rebellion should not be people, not covered by this article.
committed by the persons to whom it is
proposed or who are incited.
If they commit rebellion because of the
QuickTime™ and a ART. 138. INCITING TO REBELLION OR
proposal or inciting, the proponent
TIFF (Uncompressed) decompressor
are needed to see this picture.
or the one INSURRECTION
inciting may become a principal by inducement
in the crime of rebellion. ELEMENTS:
The person who It is not required that 1. That the offender does not take arms or is
proposes has decided the offender has not in open hostility against the government;
to commit rebellion. decided to commit 2. That he incites others to the execution of any
rebellion. of the acts of rebellion; and
The person who The act of inciting is 3. That the inciting is done by means of
proposes the done publicly. speeches, proclamations, writings, emblems,
execution of the crime banners or other representations tending to
uses secret means. the same end.

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NOTES: province, or the national government


• Inciting must have been intentionally of all its property or any part thereof.
calculated to seduce others to rebellion.
• In both proposal to commit rebellion and in NOTES:
inciting to rebellion, rebellion should • Sedition is the raising of commotions or
not actually be committed by the disturbances in the State. Its ultimate
persons to whom it was proposed, or who object is a violation of the public peace or
were incited. If they commit rebellion at least such a course of measures as
because of the proposal or incitement, the evidently engenders it. (People vs.
proponent, or the one inciting may Perez)
become a principal by inducement in • Tumultuous uprising means that it is
the crime of rebellion. caused by more than 3 persons who
are armed or provided w/ means of
PROPOSAL TO INCITING TO violence.
COMMIT REBELLION REBELLION (138) • In sedition, offender may be a private or
(136) public person.
The person who Not required that • Common crimes are not absorbed in
proposes has decided to the offender has sedition. (People v. Umali)
commit rebellion. decided to commit • Preventing election through legal means is
rebellion. NOT sedition.
The person who The inciting is done • If the purpose of the offenders is to attain
proposes the execution publicly. the objects of rebellion or sedition by
of the crime uses secret force or violence, but there is no
means. public uprising, the crime committed is
direct assault.
• There is conspiracy to commit sedition (Art.
ART. 139. SEDITION 141) but no proposal to commit sedition.

ART. 140. PENALTY FOR SEDITION


ELEMENTS:
1. That the offenders rise –
a. Publicly; and
b. Tumultuously; PERSONS LIABLE:
2. That they employ force, intimidation, or other 1. leader of the sedition, and
means outside of legal methods; and 2. other persons participating in the sedition.
3. That the offenders employ any of those
means to attain any of the following objects: ART. 141. CONSPIRACY TO COMMIT
a. to prevent the promulgation or SEDITION
execution of any law or the holding of
any popular election; NOTE: There must be an agreement and a decision
b. to prevent the national government, or to rise publicly and tumultuously to attain any of the
any provincial or municipal objects of sedition in order to constitute crime of
government, or any public officer conspiracy to commit sedition.
thereof from freely exercising its or his
functions, QuickTime™
or prevent and a the execution of
anyTIFF (Uncompressed) decompressor
administrative order;
are needed to see this picture. ART. 142. INCITING TO SEDITION
c. to inflict any act of hate or revenge
upon the person or property of any ACTS PUNISHABLE:
public officer or employee; 1. Inciting others to the accomplishment of any
d. to commit for any political or social of the acts which constitute sedition by
end, any act of hate or revenge means of speeches, proclamations,
against private persons or any social writings, emblems etc.
class; or 2. Uttering seditious words or speeches which
e. to despoil, for any political or social tend to disturb the public peace;
end, any person, municipality or

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3. Writing, publishing, or circulating scurrilous 2. That the offender who may be any person
[vulgar, mean, libelous] libels against the prevents such meeting by force or fraud.
government or any of the duly constituted
authorities thereof, which tend to disturb NOTE: Chief of Police and mayor who prevented the
the public peace; or meeting of the municipal council are liable under Art.
4. Knowingly concealing such evil practices. 143, when the defect of the meeting is not manifest
and requires an investigation before its existence can
be determined.
ELEMENTS of ACT 1:
1. That the offender does not take a direct part
in the crime of sedition; ART. 144. DISTURBANCE OF
2. That he incites others to the accomplishment PROCEEDINGS
of any of the acts which constitute sedition; ELEMENTS:
and 1. An actual meeting of Congress or any of its
3. That the inciting is done by means of committees, constitutional commissions or
speeches, proclamations, writing, emblems, committees or divisions thereof, or of any
cartoons, banners, or other representations provincial board or city or municipal
tending to the same end. council or board; and
2. That the offender does any of the following
UTTERING AND WRITING PUNISHABLE: acts
1. when they tend to disturb or obstruct any a. he disturbs any of such meetings
public officer in executing the functions of his b. he behaves while in the presence of
office; or any such bodies in such a manner as
2. when they tend to instigate others to cabal to interrupt its proceedings or to
and meet together for unlawful purposes; or impair the respect due it.
3. when they suggest or incite rebellious
conspiracies or riots; or NOTE: Complaint must be filed by member of the
4. when they lead or tend to stir up the people Legislative body. Accused may also be punished for
against the lawful authorities or to disturb the contempt by the legislative body.
peace of the community, the safety and order
of the government.
ARTICLE 145. VIOLATION OF
PARLIAMENTARY IMMUNITY.
3 RULES RELATIVE TO SEDITOUS WORDS:
1. Dangerous Tendency rule ACTS PUNISHABLE:
2. Clear and Present Danger rule 1. By using force, intimidation, threats, or
3. Balance of Interests rule fraud to prevent any member of Congress
from attending the meeting of the assembly
or any of its committees, constitutional
Chapter Two - CRIMES AGAINST commissions or committees or divisions
POPULAR REPRESENTATION thereof, or from expressing his opinions or
casting his vote.

ELEMENTS:
ART. 143. ACTS TENDING TO PREVENT THE 1. Offender uses force, intimidation,
QuickTime™ and a
MEETING OF THE ASSEMBLY
TIFF (Uncompressed) AND SIMILAR
decompressor threat or fraud
are needed to see this picture.
BODIES 2. Purpose is to prevent any member of
Congress from:
a. Attending the said meetings;
ELEMENTS: b. Expressing his opinions; or
1. A projected or actual meeting of Congress or c. Casting his vote.
any of its committees or subcommittees,
constitutional commissions or committees or 2. By arresting or searching any member
divisions thereof, or of any provincial board thereof while Congress is in a regular or
or city or municipal council or board; and special session, except in case such
member has committed a crime punishable

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under the code by a penalty higher than REQUISITES:


prision mayor. 1. There’s a meeting – gather or group
of persons whether fixed or moving;
ELEMENTS: 2. Audience whether armed or not is
1. Offender is a public officer or incited to the commission of the
employee; crime of treason, rebellion or
2. He arrests or searches any member insurrection, sedition or direct
of Congress assault.
3. Congress, at the time of arrest or
search is in regular or special WHEN A PERSON CARRIES UNLICENSED
session FIREARM IN THE 1st ASSEMBLY:
4. member arrested o searched hasn’t 1. Presumed that the purpose of meeting is to
committed a crime by a penalty commit any crime under RPC
prision mayor or higher. 2. Presumed that the one in possession of
unlicensed firearm is the leader or organizer
NOTES: of the meeting
• Parliamentary immunity does not mean
exemption from criminal liability, except NOTES:
from a crime that may arise from any speech • Not all the persons present at the meeting of
that the member of Congress may deliver on the first form of illegal assembly need to be
the floor during regular or special session. armed.
• To be consistent with the 1987 Constitution, • Persons liable for illegal assembly:
the phrase “by a penalty higher than prision • the organizers or leaders of the meeting
mayor” in Art. 145 should be amended to • persons merely present at the meeting
read “by the penalty of prision mayor or (except when presence is out of curiosity –
higher.” not liable)
• Presumptions if person present at the meeting
carries an unlicensed firearm:
• purpose of the meeting is to commit acts
Chapter Three - ILLEGAL ASSEMBLIES punishable under the RPC
AND ASSOCIATIONS • considered as leader or organizer of the
meeting

ART. 146. ILLEGAL ASSEMBLIES ARTICLE 147. ILLEGAL ASSOCIATIONS

2 KINDS OF ILLEGAL ASSOCIATIONS:


2 TYPES OF ILLEGAL ASSEMBLIES:
1. Organizations totally or partially organized for
1. Meeting attended by armed persons for the
the purpose of committing any of the
purpose of committing any of the crimes
crimes in RPC; or
punishable under the Revised Penal Code;
2. For some purpose contrary to public
REQUISITES:
morals.
1. There’s a meeting – gather or group
of persons whether fixed or moving;
PERSONS LIABLE:
2. Meeting is attended by armed
QuickTime™ and a 1. founders, directors and president of the
persons; and decompressor
TIFF (Uncompressed)
are needed to see this picture. association; and
3. The purpose of meeting is to commit
2. mere members of the association
any of the crimes punishable under
RPC
ILLEGAL ASSEMBLY ILLEGAL
2. A meeting in w/c the audience is incited to (146) ASSOCIATION (147)
the commission of the crimes of treason,
rebellion or insurrection, sedition or
Must be an actual meeting No need for such
assault upon a person in authority or his
of armed persons to commit
agent.
any of the crimes punishable

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under the RPC, or of 2. Person assaulted is a person in


individuals who, although not authority or his agent;
armed, are incited to the 3. At the time of the assault the
commission of treason, person in authority or his agent
rebellion, sedition or assault a. is engaged in the actual
upon a person in authority of performance of official duties
his agent. (motive is not essential); or
b. is assaulted by reason of the
It is the meeting and the Act of forming or past performance of official
attendance at such that are organizing and duties (motive is essential);
punished membership in the 4. That the offender knows that the
association is one he is assaulting is a person in
punished authority or his agent (with intention
to offend, injure or assault); and
5. No public uprising.
Persons liable: leaders and Founders,
those present directors, president FORCE INTIMIDATION/
and members EMPLOYED RESISTANCE
Person in Need not be Serious
Authority serious
Chapter Four - ASSAULT, RESISTANCE
AND DISOBEDIENCE Agent Must be of Serious
serious
character

ART. 148. DIRECT ASSAULT NOTES:


General Rule: Direct assault is always complexed
2 WAYS TO COMMIT DIRECT ASSAULT: with the material consequence of the act (Ex. direct
1. Without public uprising, by employing force assault with murder).
or intimidation for attainment of any of the Exception: If resulting in a light felony, the
purposes enumerated in defining the crimes consequent crime is absorbed.
of rebellion and sedition (first form)
• The force employed need not be serious
ELEMENTS: when the offended party is a person in
1. Offender employs force or authority (Ex. Laying of hands).
intimidation; • The intimidation or resistance must be
2. Aim of offender is to attain any of the serious whether the offended party is an
purposes of the crime of rebellion agent only or a person in authority (Ex.
and sedition; and Pointing a gun).
3. That there is no public uprising. • A person in authority is any person directly
vested with jurisdiction (power or authority
2. Without public uprising, by attacking, by to govern and execute the laws) whether as
employing force or by seriously an individual or as a member of some court
intimidating or by seriously resisting any or governmental corporation, board, or
QuickTime™ and a
person in authority o any
TIFF (Uncompressed) of his agents, while
decompressor commission. Examples: A barangay captain,
are needed to see this picture.
engaged in the performance of official duties, a Division Superintendent of Schools,
or on the occasion of such performance. President of Sanitary Division and a teacher.
(second form). • An agent is one who, by direct provision of
law or by election or by appointment by
ELEMENTS: competent authority, is charged with the
1. Offender (a) makes an attack, (b) maintenance of public order and the
employs force, (c) makes a serious protection and security of life and
intimidation, or (d) makes a serious property. Examples: Barrio councilman and
resistance; any person who comes to the aid of the
person in authority, policeman, municipal

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treasurer, postmaster, sheriff, agents of the authority is considered an agent and an


BIR, Malacañang confidential agent. attack on the latter is already direct
• Even when the person in authority or the assault.
agent agrees to fight, direct assault is still
committed. ARTICLE 150. DISOBEDIENCE TO SUMMONS
• When the person in authority or the agent ISSUED BY THE NATIONAL ASSEMBLY, ITS
provoked/attacked first, innocent party is COMMITTEES OR SUBCOMMITTEES, BY THE
entitled to defend himself and cannot be held CONSTITUTIONAL COMMISSIONS, ITS
liable for assault or resistance nor for COMMITTEES, SUBCOMMITTEES OR
physical injuries, because he acts in DIVISIONS
legitimate self-defense.
• There can be no assault upon or
disobedience to one’s authority by another
ACTS PUNISHABLE:
when they both contend that they were in
1. Disobedience w/o legal excuse to
the exercise of their respective duties.
summons issued by the Congress or any of
• When assault is made by reason of the its committees or subcommittees;
performance of his duty there is no need for 2. Refusal of any person present before a
actual performance of his official duty when legislative or constitutional body or official to:
attacked. (a) to be sworn or placed under affirmation;
• Direct assault cannot be committed during (b) to answer any legal inquiry; or (3) to
rebellion. produce books, documents, records etc.
• Direct assault may be committed upon a when required to do so by the said bodies in
private person who comes to the aid of a the exercise of their functions;
person in authority since he is then 3. Restraining another from attending as
considered an agent of a person in authority. witness in such body; or
4. Inducing disobedience to a summons or
QUALIFYING CIRCUMSTANCES: refusal to be sworn.
1. when the assault is committed with a
weapon;
2. when the offender is a public officer or ARTICLE 151. RESISTANCE AND
employee; or DISOBEDIENCE TO A PERSON IN AUTHORITY
3. when the offender lays hand upon a person OR THE AGENTS OF SUCH PERSON
in authority
ELEMENTS – RESISTANCE & SERIOUS
DISOBEDIENCE (par. 1):
ARTICLE 149. INDIRECT ASSAULT 1. That a person in authority or his agent is
engaged in the performance of official duty or
gives a lawful order to the offender;
ELEMENTS: 2. That the offender resists or seriously
1. The direct assault is committed against an disobeys such person in authority or his
agent of a person in authority; agent; and
2. That the offended party comes to the aid of 3. That the act of the offender is not included in
such agent of a person in authority; and the provisions of arts. 148, 149 and 150.
3. That the offender makes use of force or
intimidation upon the said offended party. ELEMENTS – SIMPLE DISOBEDIENCE (par. 2)
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture. 1. That an agent of a person in authority is
NOTES: engaged in the performance of official duty
• Indirect assault can be committed only gives a lawful order to the offender;
when a direct assault is also being 2. That the offender disobeys such agent of a
committed. person in authority; and
• To be indirect assault, the person who 3. That such disobedience is not of a serious
should be aided is the agent and not nature.
the person in authority. In the latter
case, it is already direct assault.
According to Art 152: The person
coming to the aid of the person in

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NOTES: d. Lawyers in the actual performance of their


• While being arrested and there’s serious professional duties or on the occasion of such
resistance, person resisting must know that performance
the one arresting him is an officer
• Picketing (economic coercion) must be lawful AGENT OF PERSON IN AUTHORITY –any person
otherwise police can disperse them who, by direct provision of law or by election or by
• Disobedience in 2nd par. must not be serious. appointment by competent authority, is charged with
Otherwise it will fall under the 1st par. the maintenance of public order and the protection
• Resistance mustn’t be serious otherwise it’s and security of life and property. They include:
direct assault. a. Barrio councilman
b. Barrio policeman
c. Barangay leader
DIRECT ASSAULT RESISTANCE & d. Any person who comes to the aid of persons
(148) DISOBEDIENCE TO A in authority
PERSON IN AUTHORITY Notes:
(PIA) OR AGENTS OF • Section 388 of the Local Gov’t. Code
SUCH PERSON (151) provides that for purposes of the RPC, the
PIA or his agent PIA or his agent must be punong barangay, sangguniang
must be engaged in in the barangay members and members of
the performance of actual performance the lupong tagapamayapa in each
official duties or that of his duties. barangay shall be deemed as persons in
he is assaulted by authority in their jurisdictions.
reason thereof • Other barangay officials and members who
Direct assault is Committed by resisting or may be designated by law or ordinance
committed in 4 seriously disobeying and charged with the maintenance of
ways – by attacking, a PIA or his agent. public order, protection and the security of
employing force, life, property, or the maintenance of a
seriously desirable and balanced environment, and
intimidating, and any barangay member who comes to the
seriously resisting a aid of persons in authority shall be
PIA or his agent. deemed agent of persons in authority.
Use of force against Simple disobedience – • It seems that teachers, professors, lawyers
an agent of PIA must force against an agent of etc could be considered as persons in
be serious and a PIA is not so serious; authority not only for Arts. 148 and 151
deliberate. No manifest intention to but also for Art 149 (L.B. Reyes)
defy the law & officers
enforcing it.
Chapter Five - PUBLIC DISORDERS
ARTICLE 152. PERSONS IN AUTHORITY AND
AGENTS OF PERSONS IN AUTHORITY – WHO
SHALL BE DEEMED AS SUCH
ARTICLE 153. TUMULTS AND OTHER
PERSON IN AUTHORITY –any person directly DISTURBANCES OF PUBLIC ORDER –
vested with jurisdiction, whether
QuickTime™ and a
as an individual or TUMULTUOUS DISTURBANCE OR
as a member ofTIFFaresome court
(Uncompressed) or governmental
decompressor
needed to see this picture.
INTERRUPTION LIABLE TO CAUSE
corporation, board or commission. They include: DISTURBANCE
a. Barangay captain
b. Barangay chairman
TUMULTS AND OTHER DISTURBANCES:
For the purposes of Art. 148 and 151: 1. Causing any serious disturbance in a
a. Teachers public place, office or establishment;
b. Professors 2. Interrupting or disturbing public
c. Persons charged with the supervision of performances, functions, gatherings or
public or duly recognized private schools, peaceful meetings, if the act is not included
colleges and universities

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in Art 131 and 132 (Public Officers before they have been published
interrupting peaceful meetings or religious officially.
worship); 3. Printing, publishing or distributing or
3. Making any outcry tending to incite (causing the same) books, pamphlets,
rebellion or sedition in any meeting, periodicals or leaflets which do not bear the
association or public place; real printer’s name, or which are
4. Displaying placards or emblems which classified as anonymous.
provoke a disturbance of public order in
such place;
5. Burying with pomp the body of a person ARTICLE 155. ALARMS AND SCANDALS
who has been legally executed.

TUMULTUOUS - caused by more than 3 ACTS PUNISHABLE:


persons who are armed or provided with 1. Discharging any firearm, rocket, firecracker,
means of violence. or other explosive within any town or
NOTES: public place, calculated to cause alarm or
• If the act of disturbing or interrupting a danger.
meeting or religious ceremony is not 2. Instigating or taking active part in any
committed by public officers, or if charivari or other disorderly meeting
committed by public officers who are offensive to another or prejudicial to public
participants therein, this article applies. Art tranquility.
131 and 132 punishes the same acts if 3. Disturbing the public peace while
committed by public officers who are not wandering about at night or while engaged
participants in the meeting. in any other nocturnal amusement.
• The outcry is merely a public disorder if it 4. Causing any disturbance or scandal in
is an unconscious outburst which, public places while intoxicated or otherwise,
although rebellious or seditious in nature, is provided the act is not covered by Art 153
not intentionally calculated to induce (tumult).
others to commit rebellion or sedition,
otherwise, it is inciting to rebellion or NOTES:
sedition. • Charivari is a mock serenade or discordant
• Qualifying circumstance – if it is noises made with kettles, tin horns etc.,
TUMULTUOUS designed to deride, insult or annoy.
• Firearm must not be pointed at a person,
otherwise, it is illegal discharge of firearm
ARTICLE 154. UNLAWFUL USE OF MEANS OF (Art. 254).
PUBLICATION AND UNLAWFUL • What governs is the result, not the intent of
UTTERANCES the offender.

ACTS PUNISHABLE: ARTICLE 156. DELIVERING PRISONERS


ƒ Publishing or causing to be published, by
means of printing, lithography or any other ELEMENTS:
means of publication as news any false
QuickTime™ and a
1. That there is a person confined in a jail or
news that TIFF
may endanger
(Uncompressed) the public order,
decompressor
are needed to see this picture.
penal establishment;
or cause damage to the interest or credit 2. That the offender removes therefrom such
of the State. person, or helps the escape of such person.
1. Encouraging disobedience to the law or to
the constituted authorities or by praising, NOTES:
justifying or extolling any act punished by • Prisoner may be detention prisoner or one
law, by the same means or by words, sentenced by virtue of a final judgment.
utterances or speeches. • Escapee, if already serving final judgment,
2. Maliciously publishing or causing to be will in turn be held liable for evasion of
published any official resolution or sentence (Art. 157).
document without proper authority, or

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• If merely detention prisoner he is not ARTICLE 158. EVASION OF SERVICE OF


criminally liable. SENTENCE ON THE OCCASION OF
• The offender is an outsider to the jail. If the DISORDERS, CONFLAGRATIONS,
offender is a public officer or a private EARTHQUAKES, OR OTHER CALAMITIES
person who has custody of the prisoner
and who helps a prisoner under his custody, ELEMENTS:
Arts. 223 (infidelity in the custody of a 1. That the offender is a convict by final
prisoner) and 225 (escape of prisoner under judgment who is confined in a penal
custody of private person) will apply, institution.
respectively. 2. That there is disorder, resulting from:
• This felony may also be committed through a. conflagration,
imprudence or negligence. b. earthquake,
• Circumstance qualifying: use of violence, c. explosion,
intimidation or bribery. d. similar catastrophe, or
• Mitigating circumstance: if it takes place e. mutiny in which he has not
outside the penal establishment by taking participated;
the guards by surprise. 3. That the offender evades the service of his
sentence by leaving the penal institution
where he is confined, on the occasion of
such disorder or during the mutiny; and
Chapter Six – EVASION OF SENTENCE OR 4. That the offender fails to give himself up to
SERVICE the authorities within 48 hours following
the issuance of a proclamation by the
Chief Executive announcing the passing
ART 157. EVASION OF SERVICE OF SENTENCE away of such calamity.

ELEMENTS: NOTES:
• Penalty of commission of this felony is an
1. That the offender is a convict by final
increase by 1/5 of the time remaining to
judgment;
be served under the original sentence, in
2. That he is serving his sentence which
no case to exceed 6 months.
consists in deprivation of liberty (destierro
included); and • The special allowance for loyalty (i.e.
3. That he evades the service of his sentence deduction of sentence) authorized by
nd
by escaping during the term of his sentence. Articles 98 and 158(2 paragraph) refers
to those convicts, who having evaded the
service of their sentences by leaving the
NOTES:
penal institution, give themselves up
• This is a continuing offense.
within 48 hours.
• This article does not apply to minor
• A mutiny is an organized unlawful resistance
delinquents, detention prisoners, or
to a superior officer, a sedition, or a revolt.
deportees.
Disarming the guards is not mutiny.
• If the offender escaped within the 15-day
appeal period, crime is not evasion
because judgment is not yet final. ARTICLE 159. OTHER CASES OF EVASION OF
• Circumstances qualifying the offense: SERVICE OF SENTENCE
Evasion ofTIFF
sentence was
QuickTime™ and a
(Uncompressed) done through:
decompressor ELEMENTS:
• unlawful entry (by “scaling”);
are needed to see this picture.
1. That the offender was a convict;
• breaking doors, windows, gates, walls, roofs or 2. That he was granted a conditional pardon
floors; by the chief executive; and
• using picklocks, false keys, disguise, deceit, 3. That he violated any of the conditions of
violence or intimidation; or such pardon.
• connivance with other convicts or employees of
the penal institution. TWO PENALTIES:
1. prision correccional in its minimum period – if
the penalty remitted does not exceed 6
years.

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2. the unexpired portion of his original • General Rule: A quasi-recidivist may be


sentence – if the penalty remitted is higher pardoned at age 70… Exception: Unworthy,
than 6 years. or habitual delinquent
• If new felony is evasion of sentence,
NOTES: offender is not a quasi-recidivist.
• Offender must have been found guilty of the • The penalty: maximum period of the
subsequent offense (through w/c he penalty for the new felony should be
violated his conditional pardon) before he imposed. Mitigating circumstance can only
can be prosecuted under this Article. But be appreciated if the maximum penalty is
under the Revised Admin. Code, no divisible.
conviction is necessary. President has • Quasi-Recidivism may be offset by a
the power to arrest, and reincarcerate special privileged mitigating circumstance.
offender without trial. (Ex. Minority)
• When the penalty remitted is destierro, under
no circumstance may the penalty for the
violation of conditional pardon be destierro.
TITLE FOUR
CRIMES AGAINST PUBLIC INTEREST

Chapter Seven – COMMISSION OF


ANOTHER CRIME

Chapter One – Forgeries

ARTICLE 161. COUNTERFEITING THE GREAT


ART. 160. COMMISSION OF ANOTHER CRIME
SEAL OF THE GOVERNMENT OF THE
DURING SERVICE OF PENALTY IMPOSED FOR
PHILIPPINE ISLANDS, FORGING THE
ANTOHER PREVIOUS OFFENSE - PENALTY
SIGNATURE OR STAMP OF THE CHIEF
EXECUTIVE
NOTE: this article provides for quasi-recidivism
ACTS PUNISHABLE:
ELEMENTS: 1. Forging the great seal of the Government;
1. That the offender was already convicted by 2. Forging the signature of the President; or
final judgment of one offense; and 3. Forging the stamp of the President.
2. That he committed a new felony before
beginning to serve such sentence or NOTE: When the signature of the President is forged,
while serving the same. it is not falsification but forging of signature under this
article.
NOTES:
• Quasi-recidivism is a special aggravating
circumstance where a person, after having
been convicted by final judgment, shall ARTICLE 162. USING FORGED SIGNATURE
commit a TIFF
new felony
QuickTime™ before
and a beginning to OR COUNTERFEIT SEAL OR STAMP
(Uncompressed) decompressor
serve such are
sentence, orpicture.
needed to see this while serving the
same. ELEMENTS:
• Second crime must belong to the RPC, not 1. That the great seal of the Republic was
special laws. First crime may be either counterfeited or the signature or stamp of the
from the RPC or special laws. chief executive was forged by another
• The aggravating circumstance of person;
reiteracion, on the other hand, requires that 2. That the offender knew of the
the offender shall have served out his counterfeiting or forgery; and
sentence for the prior offense. 3. That he used the counterfeit seal or forged
signature or stamp.

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• Foreign notes and coins not included


NOTE: Offender is NOT the forger or the cause of under this article. Mutilation must be of
the counterfeiting Philippine legal tender.
• There must be intention to mutilate
ARTICLE 163. MAKING AND IMPORTING AND
UTTERING FALSE COINS
ARTICLE 165. SELLING OF FALSE OR
MUTILATED COIN, WITHOUT CONNIVANCE
ELEMENTS:
1. That there be false or counterfeited coins
ACTS PUNISHABLE:
(need not be legal tender);
1. Possession of a coin, counterfeited or mutilated
2. That the offender either made, imported or
by another person, with intent to utter the same,
uttered such coins; and
knowing that it is false or mutilated.
3. That, in case of uttering such false or
counterfeited coins, he connives with
ELEMENTS:
counterfeiters or importers.
1. possession
2. with intent to utter, and
NOTES:
3. knowledge
• A coin is counterfeit, if it is forged, or if it is not
authorized by the government as legal
2. Actually uttering such false or mutilated coin,
tender, regardless if it is of intrinsic value.
knowing the same to be false or mutilated.
• Counterfeiting is the imitation of legal or
genuine coin such as to deceive an ordinary ELEMENTS:
person in believing it to be genuine. 1. actually uttering, and
• To utter is to pass counterfeited coins, deliver 2. knowledge
or give away.
• To import is to bring them into port. NOTES:
Importation is complete even before entry at • Possession or uttering does not require that
the Customs House. coins be legal tender.
• This article also applies to Philippine coins, • Crime under this article includes constructive
foreign state coins, and coins withdrawn possession or the subjection of the thing to
from circulation. This does not require that ones’ control.
the coins counterfeited be legal tender. • R.A. 427 punishes possession of silver or
nickel coins in excess of P50.00. It is a
measure of national policy to protect the
ARTICLE 164. MUTILATION OF COINS – people from the conspiracy of those hoarding
IMPORTATION AND UTTERANCE OF silver or nickel coins and to preserve and
MUTILATED COINS maintain the economy.
This has been repealed by PD 247.

ACTS PUNISHABLE (PD 247): ARTICLE 166. FORGING TREASURY OR BANK


1. willful defacement NOTES, OBLIGATIONS AND SECURITIES;
2. mutilation IMPORTING AND UTTERING FALSE OR
3. tearing QuickTime™ and a
TIFF (Uncompressed) decompressor
FORGED NOTES, OBLIGATIONS AND
4. burning are needed to see this picture. SECURITIES
5. destruction of Central Bank notes and coins ACTS PUNISHABLE:
1. Forging or falsification of treasury or bank
NOTES: notes or documents payable to bearer;
• Mutilation is to take off part of the metal 2. Importing of such notes; or
either by filing it or substituting it for 3. Uttering of such false or forged obligations
another metal of inferior quality, to and notes in connivance with forgers and
diminish by ingenious means the importers.
metal in the coin.

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NOTES: b. possessing with intent to use any of


• Forging is committed by giving a treasury or such forged or falsified instruments.
bank note or document payable to bearer
or order an appearance of a true and • The act sought to be punished is knowingly
genuine document. possessing with intent to use any of such forged
• Falsification is committed by erasing, treasury or bank notes.
substituting, counterfeiting or altering by • The accused has the burden to give a
any means the figures and letters, words, satisfactory explanation of his possession of
signs contained therein. Example: forged bills. Mere possession of false money bill,
falsifying lotto or sweepstakes ticket without intent to use it to the damage of another,
constitutes the complex crime of is not a crime.
attempted estafa through falsification of a
government security.
• Forging PNB checks is not included ARTICLE 169. HOW FORGERY IS COMMITTED
under this article. That is falsification
of commercial document under Article
172. HOW FORGERY IS COMMITTED:
• Obligation or security includes bonds, a. by giving to a treasury or bank note or any
certificate of indebtedness, bills, national instrument payable to bearer or to order, the
bank notes, coupons, treasury notes, appearance of a true and genuine
certificates of deposit, checks, drafts for document;
money, and sweepstakes money. b. by erasing, substituting, counterfeiting,
altering by any means the figures, letters or
words, or signs contained therein.
ARTICLE 167. COUNTERFEITING, IMPORTING,
AND UTTERING INSTRUMENTS NOT
• If all acts are done but genuine appearance is
PAYABLE TO BEARER
not given, the crime is frustrated.
• P.D. No. 247 punishes the willful defacement,
mutilation, tearing, burning, or destruction in any
ELEMENTS: manner of currency notes or coins issued by the
1. That there be an instrument payable to Central Bank of the Philippines.
order or other document of credit not
payable to bearer;
2. That the offender either forged, imported or ARTICLE 170. FALSIFICATION OF
uttered such instruments; and LEGISLATIVE DOCUMENTS
3. That in case of uttering, he connived with
the forger or importer. ELEMENTS:
ARTICLE 168. ILLEGAL POSSESSION AND 1. That there be a bill, resolution, or
USE OF FALSE TREASURY OR BANK NOTES ordinance enacted or approved or pending
AND OTHER INSTRUMENTS OF CREDIT approval by Congress or any provincial board
or municipal council;
2. That the offender (any person) alters the
same;
Elements: 3. That he has no proper authority therefor;
1. That any treasury
QuickTime™ and a
or bank
TIFF (Uncompressed) note or certificate
decompressor and
are needed to see this picture.
or other obligation and security payable to 4. That the alteration has changed the
bearer, or any instrument payable to order meaning of the document.
or other document of credit not payable to
bearer is forged or falsified by another • Accused must not be a public official
person; entrusted with the custody or possession of
2. That the offender knows that any of those such document, otherwise Art. 171 applies.
instruments is forged or falsified; and • There can be no falsification through reckless
3. That he performs any of these acts: imprudence as that will be inconsistent with the
a. using any of such forged or falsified element of intent to cause damage in said crime.
instruments, or

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ACTS OF FALSIFICATION
ARTICLE 171. FALSIFICATION BY PUBLIC a. Counterfeiting or imitating any
OFFICER, EMPLOYEE OR NOTARY OR handwriting, signature or rubric.
ECCLESIASTICAL MINISTER
COUNTERFEITING
ELEMENTS:
ELEMENTS: 1) That there be an intent to imitate, or
1. That the offender is a public officer, employee, an attempt to imitate; and
or notary public. 2) That the two signatures or
2. That he takes advantage of his official handwritings, the genuine and the
position. forged, bear some resemblance, to
a. He has the duty to make or to prepare or each other.
otherwise to intervene in the preparation of
the document; or • Lack of similitude/imitation of a
b. He has the official custody of the document genuine signature will not be a
which he falsifies ground for conviction under par. 1
3. That he falsifies a document by committing any but such is not an impediment to
of the following acts: conviction under par. 2.
a. Counterfeiting or imitating any handwriting,
signature or rubric. b. Causing it to appear that persons have
b. Causing it to appear that persons have participated in an act or a proceeding
participated in any act or proceeding when 1. That the offender caused it to appear
they did not in fact so participate in a document that a person or
c. Attributing to persons who have participated persons participated in an act or a
in an act or proceeding statements other than proceeding
those in fact made by them. 2. That such person did not in fact
d. Making untruthful statements in a narration of participate in the act or proceeding
facts.
e. Altering true dates. c. Attributing to persons who have
f. Making any alteration or intercalation in a participated in any act or proceeding
genuine document which changes its statements other than those in fact made
meaning. by them.
g. Issuing in authenticated form a document 1. That a person or persons
purporting to be a copy of an original participated in an act or a proceeding
document when no such original exists, or 2. That such person or persons made
including in such copy a statement contrary statements in that act or proceeding;
to, or different from, that of the genuine and
original. 3. That the offender, in making a
h. Intercalating any instrument or note relative document, attributed to such person
to the issuance thereof in a protocol, registry or persons statements other than
or official book. those in fact made by such person or
4. In case the offender is an ecclesiastical persons
minister, the act of falsification is committed with
respect to any record or document of such d. Making untruthful statements in a
character that its falsification may affect the narration of facts.
QuickTime™ and a
civil status of TIFF
persons.
(Uncompressed) decompressor
are needed to see this picture.
ELEMENTS:
PERSONS WHO MAY BE HELD LIABLE 1. That the offender makes in a
1. Public officer, employee, or notary public document statements in a narration
who takes advantage of his official position of facts
2. Ecclesiastical minister if the act of 2. That he has a legal obligation to
falsification may affect the civil status of disclose the truth of the facts
persons narrated by him
3. Private individual, if in conspiracy with 3. That the facts narrated by the
public officer offender are absolutely false;

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4. That the perversion of truth in the • if no knowledge, falsification through


narration of facts was made with the negligence
wrongful intent of injuring a third
person h. Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry or official
• There must be a narration of facts, not a book.
conclusion of law. Narration must be on a • This involves a genuine document
material matter. • There is no crime of attempted or
• The person making the narration of facts frustrated falsification of public document.
must be aware of the falsity of the facts • If offender does not take advantage of his
narrated by him. This kind of falsification may public position, he may still be liable for
be committed by omission. falsification of documents by a private
• Legal obligation means that there is a law person under Art. 172.
requiring the disclosure of the truth of the • It is not necessary that what is falsified is a
facts narrated. Ex. Residence certificates genuine or real document. It is enough that it
gives an appearance of a genuine article.
Enemecio v. Office of the Ombudsman, GR
146731, 1/13/04
As the Ombudsman correctly pointed out, DOCUMENT - any written statement by which a right
Enemecio failed to point to any law imposing upon is established or an obligation is extinguished
Bernante the legal obligation to disclose where he
was going to spend his leave of absence. “Legal COUNTERFEITING – intent or attempt to imitate
obligation” means that there is a law requiring the
disclosure of the truth of the facts narrated. Bernante FEIGNING - to represent by false appearance when
may not be convicted of the crime of falsification of no original exists
public document by making false statements in a
narration of facts absent any legal obligation to
disclose where he would spend his vacation leave ARTICLE 172. FALSIFICATION BY PRIVATE
and forced leave. INDIVIDUALS AND USE OF FALSIFIED
INSTRUMENTS
e. Altering true dates.
• Date must be essential
• Alteration mujst affect veracity of document ELEMENTS OF FALSIFICATION OF PUBLIC,
or effects OFFICIAL, OR COMMERCIAL DOCUMENT BY A
PRIVATE INDIVIDUAL (par 1):
f. Making any alteration or intercalation in a 1. That the offender is a private individual or a
genuine document which changes its public officer or employee who did not take
meaning. advantage of his official position;
2. That he committed any of the acts of
ELEMENTS: falsification enumerated in ART. 171;
1. That there be an alteration (change) or 3. That the falsification was committed in any
intercalation (insertion) on a document public or official or commercial document.
2. That it was made on a genuine document
3. That the alteration or intercalation has • Under this paragraph, damage is not essential,
changed the meaning
QuickTime™ andof a a document it is presumed.
TIFF (Uncompressed) decompressor
4. That theare needed
change made
to see this picture. the document • Lack of malice or criminal intent may be put up
speak something false as a defense under this article.
• The following writings are public:
g. Issuing in an authenticated form a document a. written official acts or records of acts of the
purporting to be a copy of an original document sovereign authority, official bodies and
when no such original exists, or including in tribunals, and of the public officers,
such copy a statement contrary to, or different legislative, judicial and executive, whether
from, that of the genuine original. of the Philippines or of a foreign country;
b. Documents acknowledged before notary
public except last wills and testaments;

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c. Public records, kept in the Philippines, of document, there was no damage or intent to
private documents required by law to be cause damage.
entered therein. • A private document may acquire the character
• Commercial documents: warehouse receipts, of a public document when it becomes part of
airway bills, bank checks, cash files, deposit slips an official record and is certified by a public
and bank statements, journals, books, ledgers, officer duly authorized by law.
drafts, letters of credit and other negotiable • The crime is falsification of public documents
instruments. even if the falsification took place before the
• Cash disbursement vouchers or receipts private document became part of the public
evidencing payments are not commercial records.
documents.
• A mere blank form of an official document is not
in itself a document. ELEMENTS OF USE OF FALSIFIED DOCUMENT
• The possessor of falsified document is (par. 3, art. 172):
presumed to be the author of the falsification.
• Issuing in authenticated form a document(art. Introducing in a judicial proceeding
171(7)) purporting to be a copy of an original 1. That the offender knew that a document was
document when no such original exists, or falsified by another person.
including in such copy a statement contrary to, or 2. That the false document is embraced in art.
different from, that of the genuine original - can 171 or in any subdivisions nos. 1 and 2 of
be committed only by a public officer or notary art. 172.
public who takes advantage of his official position 3. That he introduced said document in
since the authentication can be made only by the evidence in any judicial proceeding.
custodian or the one who prepared and retained
a copy of the original document Use in any other transaction
1. That the offender knew that a document was
ELEMENTS OF FALSIFICATION OF PRIVATE falsified by another person.
DOCUMENT: 2. That the false document is embraced in art.
171 or in any of subdivision nos. 1 and 2
1. That the offender committed any of the acts
of art. 172.
of falsification, except those in paragraph
3. That he used such documents (not in judicial
7 and 8, enumerated in art. 171;
proceedings).
2. That the falsification was committed in any
4. That the use of the documents caused
private document; and
damage to another or at least was used
3. That the falsification caused damage to a
with intent to cause such damage.
third party or at least the falsification was
committed with intent to cause such
The user of the falsified document is deemed the
damage
author of the falsification, if:
.
1. The use was so closely connected in time
• It is not necessary that the offender profited
with the falsification, and
or hoped to profit
2. The user had the capacity of falsifying the
• A document falsified as a necessary means to document.
commit another crime (complex crime) must be
public, official or commercial. Hence, there is
FALSIFICATION OF FALSIFICATION OF
no complex crime of estafa through
PRIVATE PUBLIC/
falsification ofTIFF QuickTime™
a (Uncompressed)
private and a
document because the
decompressor DOCUMENTS OFFICIAL DOCUMENTS
immediate effect of the latter is the same as that
are needed to see this picture.
Damage to third party Damage to third persons is
of estafa.
is an element of the immaterial;
• There is no falsification through reckless
offense. what is punished is the
imprudence if the document is private and no
violation of public faith and
actual damage is caused.
perversion of truth which the
• If the estafa was already consummated at the document proclaims.
time the falsification of a private document
was committed for the purpose of concealing
the estafa, the falsification is not punishable.
As regards the falsification of the private

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ARTICLE 173. FALSIFICATION OF WIRELESS, false certificate which refers to the illness or
CABLE, TELEGRAPH, AND TELEPHONE injury of a person.
MESSAGES, AND USE OF SAID FALSIFIED 2. Public officer who issued a false certificate
MESSAGES of merit of service, good conduct or similar
circumstances. Ex. Certificate of residence
ACTS PUNISHABLE: 3. Private individual who falsified a certificate
1. Uttering fictitious, wireless, telegraph or under (1) and (2).
telephone message or falsifying message.
ARTICLE 175. USING FALSE
ELEMENTS: CERTIFICATES
a. That the offender is an officer or
employee of the government or an officer
or employee of a private corporation, CERTIFICATE - any writing by which testimony is
engaged in the service of sending or given that a fact has or has not taken place
receiving wireless, cable or telephone
message; and ELEMENTS:
b. That the accused commits any of the 1. That a physician or surgeon has issued a
following acts: false medical certificate, or a public officer
- uttering fictitious wireless, cable, has issued a false certificate of merit or
telegraph, or telephone message, or service, good conduct, or similar
- falsifying wireless, cable, telegraph, circumstances, or a private person had
or telephone message falsified any of said certificates;
• A private individual may be a principal by 2. That the offender knew that the certificate
inducement but not direct participation was false; and
3. That he used the same.
2. Using such falsified message.
• When any of false certificates mentioned in
ELEMENTS: Article 174 is used in judicial proceedings, Article
a. That the accused knew that wireless, 172 does not apply because it is limited only to
cable, telegraph, or telephone message those false documents embraced in Articles 171
was falsified by any of the person and 172.
specified in the first paragraph of art.
173;
ARTICLE 176. MANUFACTURING AND
b. That the accused used such falsified
POSSESSION OF INSTRUMENTS OR
dispatch; and
IMPLEMENTS FOR FALSIFICATION
c. That the use of the falsified dispatch
resulted in the prejudice of a third ACTS PUNISHABLE:
party, or that the use thereof was with 1. Making or introducing into the Philippines
intent to cause such prejudice. any stamps, dies or marks or other
instruments or implements for
• The public officer, to be liable, must be counterfeiting or falsification.
engaged in the service of sending or 2. Possessing with intent to use the
receiving wireless, cable and telegraph or instruments or implements for counterfeiting
telephone message. or falsification made in or introduced into the
• Act No. 1851, QuickTime™
Sec. 4, and a
punishes private Philippines by another person.
individualsTIFF
who forge
(Uncompressed)or alter
decompressor
are needed to see this picture.
telegram.
NOTES:
• The implements confiscated need not form
ARTICLE 174. FALSE MEDICAL a complete set. It is enough that they may
CERTIFICATES, FALSE CERTIFICATES OF be employed by themselves or together with
MERIT OR SERVICE, ETC other implements to commit the crime of
counterfeiting or falsification.
PERSONS LIABLE: • Constructive possession is also punished.
1. Physician or surgeon who, in connection • Article 165 and 176 of the Revised Penal
with the practice of his profession, issued a Code, also punish constructive possession.

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Commissioner. While it is true that under Sec. 206 of


the NIRC as amended, the Commissioner of the BIR
ARTICLE 177. USURPATION OF AUTHORITY and not any Officer of the BIR was the one granted
OR OFFICIAL FUNCTIONS with the power to issue a notice of distraint, it bears
to stress, however, that when respondent Hefti
ACTS PUNISHABLE: exercised such function of the BIR Commissioner,
1. Usurpation of authority: By knowingly and she was then designated Officer-In-Charge of the
falsely representing oneself to be an BIR by President Gloria Macapagal-Arroyo, as
officer, agent or representative of any evidenced by a photocopy of her Memorandum of
department or agency of the Philippine or Appointment dated January 23, 2001. xxx Suffice it
any foreign government to say that when respondent Hefti issued the notice
2. Usurpation of official functions: By of distraint, she was clothed with authority to issue
performing an act pertaining to any the same in view of her appointment as the then
person in authority or public officer of the Officer-In-Charge of the BIR. Hence, the charge for
Philippines or foreign government under the Usurpation of Official Function does not apply to said
pretense of such official position, and respondent.
without being lawfully entitled to do so.

NOTES: Chapter Two – OTHER FALSITIES


• In usurpation of authority, the mere act of
knowingly and falsely representing
oneself is sufficient. It is not necessary that
he performs an act pertaining to a public
officer.
ARTICLE 178. USING FICTITIOUS NAME AND
• There must be positive, express and explicit
CONCEALING TRUE NAME
representation and not merely a failure to
deny. Representation may be shown by acts. ELEMENTS OF USING FICTITIOUS NAME:
• In usurpation of official functions, it is 1. That the offender uses a name other than
essential that the offender should have his real name;
performed an act pertaining to a person in 2. That he uses that fictitious name publicly;
authority. 3. That the purpose of the offender is –
• A public officer may also be an offender. a. To conceal a crime,
• Note: the usurpation must pertain to a b. To evade the execution of a judgment, or
department or agency of the Philippine c. To cause damage to public interest.
Government or any foreign government. Ex. Signing fictitious name for a passport
• Sec. 1 RA 75 punishes any person who shall
falsely assume and take upon himself to act ELEMENTS OF CONCEALING TRUE NAME:
as a diplomatic, consular, or any other official 1. That the offender conceals –
of a foreign government duly accredited as a. his true name, and
such to the Government of the Republic of b. all other personal circumstances;
the Philippines with intent to defraud such and
foreign government or the Government of the 2. That the purpose is only to conceal his
Philippines; in addition to penalties imposed identity.
in RPC, the offender shall be fined not more
than P5,000 or shall QuickTime™beandimprisoned
a for not USE OF FICTITIOUS NAME CONCEALING
more than TIFF (Uncompressed) decompressor
5 are
years
neededor both.
to see this picture. (178) TRUE NAME
• If it can be proven that the usurpation of (178)
authority or official functions by accused was Element of publicity must be Publicity not
done in good faith or under cloth of authority, present necessary
then the charge of usurpation will not apply. Purpose is to conceal a crime, to Purpose is only
Ex. See Estrada v. Desierto evade the execution of a to conceal
judgment, or to cause damage identity
Estrada v. Desierto, GR 156160, 12/9/04 to public interest
Hefti was charged with Usurpation of Official Function
for issuing a notice of distraint, a function of the BIR

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• Wearing the uniform of an imaginary office, not


C.A. NO. 142 (Anti-Alias Law) punishable
• Using naval, military, police or other official
uniform, decoration or regalia of foreign State
with intent to deceive or mislead is punished
PERSONS LIABLE: by RA 75 by a fine not exceeding P200 or
imprisonment not exceeding 6 months, or
1. Any person who uses any name different from both
the one w/ w/c he was registered at birth in the • Wearing insignia, badge or emblem of rank of
office of the local civil registry, or w/ w/c he was the members of the Armed Forces of the
registered in the bureau of immigration upon Philippine or Constabulary is punished by RA
entry, or such substitute name as may have been 493 by a fine of not less than P100 and not
authorized by a competent court. Exempted from exceeding P2,000 or by imprisonment for not
criminal liability are persons who use another less than one month or not exceeding two
name as a pseudonym solely for literary, years, or both, except if used in playhouse or
cinema, television, radio, or other entertainment theater or in moving picture films
purposes and in athletic events; and
2. Any person who having been baptized with a
name different from what was registered, or who ARTICLE 180. FALSE TESTIMONY AGAINST A
had obtained judicial authority for use of an alias, DEFENDANT
or who uses a pseudonym, represents himself
in any public or private document w/o stating
or affixing his real or original name or aliases ELEMENTS:
or pseudonym he is authorized to use. 1. That there be a Criminal proceeding;
2. Offender testifies falsely under oath
NOTES: against the defendant therein;
• A judicial authority must be first secured by a 3. Offender knows that it is false; and
person who desires to use an alias. 4. The defendant against whom the false
• However, a common-law wife does not incur testimony is given is either acquitted or
criminal liability under the Anti-Alias Law if she convicted in a final judgment.
uses the surname of the man she has been living
w/ for the past 20 years and has been introducing FALSE TESTIMONY - committed by a person who,
herself to the public as his wife. being under oath and required to testify as to the
truth of a certain matter at a hearing before a
ARTICLE 179. ILLEGAL USE OF UNIFORMS competent authority, shall deny the truth or say
OR INSIGNIA something contrary to it

NOTES:
ELEMENTS: • Violation of this article requires criminal intent.
Hence, it cannot be committed through
1. That the offender makes use of insignia,
negligence.
uniform or dress;
2. That the insignia, uniform or dress pertains to • The offender need not impute guilt upon the
an office not held by the offender or to a accused to be liable.
class of persons of which he is not a • The defendant must at least be sentenced to a
member; and QuickTime™ and a
correctional penalty or a fine, or must have
TIFF (Uncompressed) decompressor
3. That said insignia,
are needed touniform or dress is used
see this picture. been acquitted.
publicly and improperly. • The witness who gave false testimony is liable
even if the court did not consider his
NOTES: testimony.
• An exact imitation of the dress or uniform is • Penalty depends upon sentence imposed
unnecessary; a colorable resemblance on the defendant except in the case of a
calculated to deceive is sufficient judgement of acquittal. Since Art. 180 does
• The term “improperly” means that the offender not prescribe the penalty where the
has no right to use the uniform or insignia. defendant in a criminal case is sentenced to
a light penalty, false testimony in this

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instance cannot be punished considering • Basis of penalty: amount involved in the civil
that a penal must be strictly construed. case.

ARTICLE 181. FALSE TESTIMONY ARTICLE 183. FALSE TESTIMONY IN OTHER


FAVORABLE TO THE DEFENDANT CASES AND PERJURY IN SOLEMN
AFFIRMATION
NOTES:
• False testimony by negative statement is still in
favor of the defendant.
• False testimony in favor of defendant need not ELEMENTS:
directly influence the decision of acquittal nor 1. That an accused made a statement under
benefit the defendant(intent to favor oath or made an affidavit upon a material
defendant sufficient) matter;
• A statement of mere opinion is not 2. That the statement or affidavit was made
punishable. before a competent officer, authorized to
• Conviction or acquittal is not necessary (final receive and administer oath;
judgment is not necessary), but gravity of 3. That in that statement or affidavit, the
crime in principal case should be shown accused made a willful and deliberate
• A defendant who voluntarily goes up on the assertion of a falsehood; and
witness stand and falsely imputes to 4. That the sworn statement or affidavit
another person the commission of the containing the falsity is required by law.
offense is liable under this article. If he
merely denies the commission of the offense, Two (2) Ways Of Committing Perjury:
he is not liable. a. by falsely testifying under oath
• Rectification made spontaneously after b. by making a false statement
realizing mistake is not false testimony (Not
liable if there is no evidence that accused NOTES:
acted with malice or criminal intent to testify • Subornation of perjury is committed if a
falsely) person procures another to swear falsely
• The penalty in this article is less than that and the witness suborned does testify under
which is provided in the preceding article circumstances rendering him guilty of perjury.
because there is no danger to life or liberty of This is now treated as plain perjury, the one
the defendant. inducing another as principal by inducement
and the one induced as principal by direct
participation.
ARTICLE 181. FALSE TESTIMONY IN CIVIL • Solemn affirmation refers to non-judicial
CASES proceedings and affidavits.
• A false affidavit to a criminal complaint may
ELEMENTS: give rise to perjury.
• A matter is material when it is directed to
1. That the testimony must be given in a civil
prove a fact in issue.
case;
• A “competent person authorized to
2. That the testimony must relate to the issues
administer an oath” means a person who has
presented in said case;
a right to inquire into the questions presented
3. That the testimony must be
QuickTime™ and afalse;
TIFF (Uncompressed) decompressor
to him upon matters under his jurisdiction.
4. That the false testimony must
are needed to see this picture. be given by the

defendant knowing the same to be false; • There is no perjury through negligence or


and imprudence since the assertion of falsehood
5. That the testimony must be malicious and must be willful and deliberate.
given with an intent to affect the issues • Even if there is no law requiring the
presented in the said case. statement to be made under oath, as long as
it is made for a legal purpose, it is sufficient.
• This article is not applicable when testimony is • Perjury is an offense which covers false
given in a special proceeding. In this case, the oaths other than those taken in the course
crime is perjury. of judicial proceedings.

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• False testimony before the justice of the 4. That the accused had the intent to cause
peace during a preliminary investigation may the reduction of the price of the thing
give rise to the crime of perjury, not false auctioned.
testimony in judicial proceedings. The latter
crime contemplates an actual trial where a
judgment of conviction or acquittal is ELEMENTS OF ATTEMPTING TO CAUSE
rendered. BIDDERS TO STAY AWAY:
1. That there be a public auction;
2. That the accused attempted to cause the
bidders to stay away from that public
ART. 184. OFFERING FALSE TESTIMONY IN auction;
EVIDENCE 3. That it was done by threats, gifts,
promises, or any other artifice; and
ELEMENTS: 4. That the accused had the intent to cause
1. That the offender offered in evidence a false the reduction of the price of the thing
witness or false testimony; auctioned.
2. That he knew the witness or the testimony
was false; and NOTES:
3. That the offer was made in a judicial or • The crime is consummated by the mere act of
official proceeding. soliciting a gift or promise for the purpose of
abstaining from taking part in any public
NOTES: auction.
• This article applies when the offender, without • The threat need not be effective nor the offer or
inducing another but knowing him to be a gift accepted for the crime to arise.
false witness, presented him and the latter • Execution sales should be opened to free and
testified falsely in a judicial or official full competition in order to secure the
proceeding. maximum benefit for the debtors.
• The felony is consummated the moment a
false witness is offered in any judicial or
official proceeding. Looking for a false ARTICLE 186. MONOPOLIES AND
witness is not punished by law as that is not COMBINATIONS IN RESTRAINT OF TRADE
offering a false witness.
• The false witness need not be convicted of
false testimony. A mere offer to present him
is sufficient. ACTS PUNISHED:
1. Conspiracy or combination to prevent free
competition in the market
2. Monopoly to restrain free competition in the
market
Chapter Three – FRAUDS 3. Manufacturer, producer, or processor or
importer combining, conspiring or agreeing
with any person to make transactions
prejudicial to lawful commerce or to increase
the market price of merchandise
ARTICLE 185. MACHINATIONS IN PUBLIC
QuickTime™ and a
TIFFAUCTIONS
(Uncompressed) decompressor
are needed to see this picture. NOTES:
• Combination to prevent free competition in the
ELEMENTS OF MACHINATIONS IN PUBLIC
AUCTIONS: market - By entering into a contract or
agreement or taking part in any conspiracy or
1. That there be a public auction; combination in the form of a trust or otherwise, in
2. That the accused solicited any gift or a restraint of trade or commerce or to prevent
promise from any of the bidders; by artificial means free competition in the
3. That such gifts or promise was the market; It is enough that initial steps are taken. It
consideration for his refraining from is not necessary that there be actual restraint
taking part in that public auction; and of trade.

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ARTICLE 187. IMPORTATION AND


• Monopoly to restrain free competition in the DISPOSITION OF FALSELY MARKED
market - By monopolizing any merchandise or ARTICLES OR MERCHANDISE MADE OF
object of trade or commerce, or by combining GOLD, SILVER, OR OTHER PRECIOUS
with any person or persons to monopolize said METALS OR THEIR ALLOYS
merchandise or object in order to alter the prices
thereof by spreading false rumors or making ELEMENTS:
use of any other artifice to restrain free 1. That the offender imports, sells or disposes
competition in the market of any article or merchandise made of gold,
silver or other precious metals;
• Manufacturer, producer, or processor or 2. That the stamps, brands, or marks of those
importer combining, conspiring or agreeing articles or merchandise fails to indicate the
with any person to make transactions actual fineness or quality of said metals or
prejudicial to lawful commerce or to increase alloys; and
the market price of the merchandise. 3. That the offender knows that the said stamp,
brand, or mark fails to indicate the actual
• Also liable as principals: fineness or quality of the metals or alloys.
a. corporation/association
b. agent/representative • When evidence show the article to be imported,
c. director/manager who willingly selling the misbranded articles is not necessary.
permitted or failed to prevent • The manufacturer who alters the quality or
commission of above offense fineness is liable for estafa under Art. 315, 2(b)
• When offense is committed by a corporation or
association, the president and directors or
managers are liable.
• Mere conspiracy or combination is punished ARTICLE 188. SUBSTITUTING AND ALTERING
• Crime is aggravated if the items involved are: TRADEMARKS, TRADENAMES, OR SERVICE
a. food substance MARKS
b. motor fuel or lubricants
c. goods of prime necessity
• RA 3720 - created Food and Drug Administration ACTS PUNISHABLE:
• RA 6361 - created Price Control Council 1. By (a) substituting the trade name (t/n) or
• RA 1180 - an Act to regulate the Retail Business trademark (t/m) of some other manufacturer or
• A MONOPOLY is a privilege or peculiar dealer or a colorable imitation thereof, for the
advantage vested in one or more persons or t/n or t/m of the real manufacturer or dealer
companies, consisting in the exclusive right or upon any article of commerce; and (b) selling
power to carry on a particular business or trade, the same.
manufacture a particular article, or control the 2. By selling or by offering for sale such article
sale or the whole supply of a particular of commerce, knowing that the t/n or t/m has
commodity. It is a form of market structure in been fraudulently used.
which one or only a few firms dominate the total 3. By using or substituting the service mark of
sales of a product or service. On the other hand, some other person, or a colorable imitation of
a COMBINATION IN RESTRAINT OF TRADE is such marks, in the sale or advertising of
an agreement or understanding between two or services.
more persons,TIFFin(Uncompressed)
theQuickTime™
formdecompressor
of a a contract, trust,
and 4. By printing, lithographing or reproducing
pool, holding are company,
needed to see this or
picture.other form of t/n, t/m or service mark of one person, or a
association, for the purpose of unduly restricting colorable imitation thereof, to enable another
competition, monopolizing trade and commerce person to fraudulently use the same,
in a certain commodity, controlling its production, knowing the fraudulent purpose for which it is
distribution and price, or otherwise interfering to be used.
with freedom of trade without statutory authority.
Combination in restraint of trade refers to the TRADE-NAME OR TRADE-MARK – is a word or
means while monopoly refers to the end. words, name, title, symbol, emblem, sign or device,
or any combination thereof used as an
advertisement, sign, label, poster, or otherwise, for

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the purpose of enabling the public to distinguish the ACTS PUNISHED:


business of the person who owns and uses said 1. Unfair competition by selling his goods,
trade-name or trade-mark giving them the general appearance of the
goods of another manufacturer or dealer.
SERVICE MARK – is a mark used in the sale or 2. Fraudulent designation of origin by (a)
advertising of services to identify the services of one affixing to his goods or using in connection
person and distinguish them from the services of with his services a false designation of origin;
others and includes without limitation the marks, or any false description or representation,
names, symbols, titles, designations, slogans, and (b) selling such goods or services.
character names, and distinctive features of radio or 3. Fraudulent registration by procuring
other advertising fraudulently from the patent office the
registration of t/m, t/m or service mark.
NOTES:
• The provisions of Articles 188 and 189 of the ELEMENTS OF UNFAIR COMPETITION:
Revised Penal Code which are inconsistent 1. That the offender gives his goods the general
with R. A. 8293 (Intellectual Property Code of appearance of the goods of another
the Philippines) are repealed. manufacturer or dealer;
• The tradename, trademark or service mark 2. That the general appearance is shown in the
need not be identical; a colorable imitation is (a) goods themselves, (b) wrapping of their
sufficient. There must not be differences which packages, (c) device or words therein, or in
are glaring and striking to the eye. (d) any other feature of their appearance;
• “Mark” means any visible sign capable of 3. That the offender offers to sell or sells those
distinguishing the goods or services of an goods or gives other persons a chance or
enterprise and shall include a stamped or opportunity to do the same with a like
marked container. purpose; and
• Tradename: identify or distinguish an 4. That there is actual intent to deceive the
enterprise; not necessarily attached or affixed public or defraud a competitor.
to the goods of the owner.
• Trademarks: to indicate origin of ownership of UNFAIR COMPETITION: consists in employing
goods to which it is affixed deception or any other means contrary to good faith
• In trademarks, it is not necessary that the by which any person shall pass off the goods
goods of the prior user and the later user of the manufactured by him or in which he deals, or his
trademark are of the same categories. The business, or services for those of the one having
meat of the matter is the likelihood of established goodwill, or committing any acts
confusion, mistake or deception upon calculated to produce such result
purchasers of the goods of the junior user of
the mark and goods manufactured by the Unfair Competition Infringement of
previous user. trademark or trade
• The tradename or trademark must be name
registered. Trademark must not be merely
descriptive or generic. Broader, more inclusive Limited range
• The exclusive right to an originally valid
trademark or tradename is lost, if for any Identified in the mind of Identified a peculiar
reason it loses its distinctiveness or has the public whether or not symbol or mark with his
become “publici juris.”
QuickTime™ and a a mark or trade name is goods and thereby has
TIFF (Uncompressed) decompressor
are needed to see this picture. employed acquired a property right
in such symbol or mark
ARTICLE 189. UNFAIR COMPETITION, Gives his goods the Sells goods on which
FRAUDULENT REGISTRATION OF TRADE general appearance of trademark is affixed
NAME, TRADEMARK, OR SERVICE MARK, the goods of another
FRAUDULENT DESIGNATION OF ORIGIN, AND
FALSE DESCRIPTION

* Superseded by RA 8293, the Intellectual


Property Code, Jan. 1, 1998.

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be the proximate cause of the death of


TITLE FIVE a victim thereof
CRIMES RELATED TO OPIUM AND OTHER d. Organizes, manages or acts as financier
PROHIBITED DRUGS
3. Maintenance of a den, dive, or resort where
any controlled precursor and essential chemical
is sold or used

Articles 190-194 of the Revised Penal Code are Qualifying circumstances:


repealed by Republic Act No. 6425 “The Dangerous 1. where a prohibited/regulated drug is
Drugs Act of 1972” which took effect on March 30, administered, delivered, or sold to a minor
1972 (Sec. 42), as amended by PD No. 1683 and who is allowed to use the same in such
further amended by RA No. 7659 place; or
2. should a prohibited drug be the proximate
cause of the death of the person using the
THE DANGEROUS DRUGS ACT OF 2002 same in such den, dive or resort.
(R. A. NO. 9165, repealing R. A. NO. 6425 and 3. Organizes, manages or acts as financier
RPC provisions on crimes related to opium
and other prohibited drugs) • The protector or coddler is also liable.
• If place owned by third person, the same
shall be confiscated and escheated in favor
of government IF
Policy 1. Complaint specifically allege that
1. Campaign against Drugs and Protection of such place used intentionally for
State furtherance of crime
2. Balance Æ Medicinal Purpose 2. Prosecution proves intent on part of
3. Rehabilitation owner
3. Owner included as accused in
criminal complaint
ACTS PUNISHABLE:
1. Importation of dangerous drugs (even for floral, OPIUM DIVE OR RESORT: place where
decorative and culinary purposes) and/or dangerous drug and/or controlled precursor and
controlled precursors and essential essential chemical is administered, delivered,
chemicals stored for illegal purposes, distributed, sold or
used in any form (To be habitual – prior
Qualifying circumstance: conviction, reputation of place)
a. If the importation was through the use of
a diplomatic passport, diplomatic facilities 4. Being employees or visitors of drug den who
or any other means involving the are aware of the nature of such place
offender’s official status. • For the employee who is aware of nature of
b. Organizes, manages or acts as a place and any person who knowingly visits
financier such place
• The protector or coddler is also liable. • A person who visited another who was
smoking opium shall not be liable if the place
2. Sale, administration,QuickTime™
delivery, and a
distribution and is not an opium dive or resort
of
transportationTIFF dangerous
(Uncompressed) drugs
decompressor
are needed to see this picture.
5. Manufacture of dangerous drugs and/or
Qualifying circumstances: controlled precursors and essential chemicals
a. Within 100 meters from a school;
b. If minors/mentally incapacitated Aggravating circumstance: Clandestine lab is
individuals are used as runners, undertaken under the following circumstances:
couriers and messengers of drug 1. Any phase conducted in presence or with
pushers; help of minors
c. If the victim of the offense is a minor, or 2. Established/undertaken within 100m of
should a prohibited/regulated drug residential, business, church or school
involved in any offense under this section premises

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3. Lab secured/protected by booby traps • Qualifying circumstance: Party, social


4. Concealed with legitimate business gathering, or in the proximate company
operations of at least 2 persons, regardless of
5. Employment of practitioner, chemical quantity
engineer, public official or foreigner • Possession: unauthorized, either actual
Qualifying circumstance: Organizes, manages or constructive, irrespective of quantity,
or acts as financier with intent to possess(full knowledge
that what was possessed was any of
Prima facie proof of manufacture: presence of prohibited or regulated drug)
controlled precursor and essential chemical or
lab equipment in the clandestine lab Elements of possession of opium: (RA 6425)
1. occupancy or taking
CLANDESTINE LABORATORY: Any facility 2. intent to possess
used for illegal manufacture of any dangerous
drug and or controlled precursor and essential • What is punished is present possession,
chemicals not past possession
• It is not necessary to allege in information
6. Illegal chemical diversion of controlled that accused is not authorized to possess
precursor and essential chemicals opium

CHEMICAL DIVERSION: sale, distribution, 9. Possession of equipment, instrument,


transport of legitimately imported, in-transit, apparatus and other paraphernalia fit for
manufactured or procured controlled precursors introducing dangerous drugs into the body
or essential chemicals to any person or entity
engaged in manufacture of dangerous drug and • Possession of such equipment = Prima facie
concealment of such transaction through fraud, evidence that possessor has used a
destruction of documents, fraudulent use of dangerous drug and shall be presumed to
permits, misdeclaration, use of front companies have violated Sec. 15, use of dangerous
or mail fraud drug.
• The possession of PARAPHERNALIA is
7. Manufacture or delivery of equipment, absorbed by USE of dangerous drug.
instrument, apparatus, and other • Qualifying circumstance: Party, social
paraphernalia for dangerous drugs and/or gathering, or in the proximate company of
controlled precursor and essential chemicals at least 2 persons.
Acts Punishable: 10. Use of dangerous drugs
1. deliver
2. possess with intent to deliver
• Must be found positive after a confirmatory
3. manufacture with intent to deliver the
test
paraphernalia, knowing, or under st
• 1 conviction – minimum of 6 mos. of
circumstances where one reasonably
rehabilitation
should know
• 2nd conviction – imprisonment and fine
Qualifying circumstance - use of a minor or a • Where the accused is also found to be in
mentally incapacitated individual to deliver possession of dangerous drugs, this
such equipment,
QuickTime™ and a
instrument,
TIFF (Uncompressed) apparatus or other
decompressor
Section shall not apply. Sec. 11, possession
paraphernalia
are needed to see this picture. of dangerous drugs, shall apply. Hence, USE
is subsumed by POSSESSION.
8. Possession of dangerous drugs, regardless of Ex. If the offender is caught with possession
the degree of purity of paraphernalia, possession of dangerous
• Penalties are graduated to the amount of drugs and use of dangerous drugs, the
drugs (the only violation where quantity offense is POSSESSION OF DANGEROUS
matters) DRUGS.
• The kinds of drugs have different
11. Cultivation or culture of plants which are
respective amounts for the graduation of
dangerous drugs or are sources thereof
penalties

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• The penalty for such attempt and conspiracy is


• The land/portions thereof and/or the same penalty prescribed for the
greenhouses in which any of the said commission. Thus, where the offense of sale
plants is cultivated or cultured shall be was not consummated, the accused should not
confiscated and escheated to the State, be prosecuted under mere possession, but under
unless the owner thereof prove that he Sec. 26. (Justice Peralta)
did not know of such cultivation or
culture despite the exercise of due OTHER PERSONS LIABLE:
diligence on his part. 1. Public officer or employee who
misappropriates, misapplies or fails to
Qualifying circumstance: account for confiscated, seized, or
1) The land is part of the public domain surrendered dangerous drugs, plant sources of
2) Organizes, manages or acts as financier dangerous drugs, etc.
2. Any elective local or national official who
have benefited from the proceeds of
12. Failure to keep of original records of trafficking of dangerous drugs or have
transactions of dangerous drugs received any financial/material contributions or
donations from natural or juridical persons
• Persons liable: practitioner, manufacturer, guilty of drug trafficking.
wholesaler, importer, distributor, dealer, or 3. If the violation of the Act is committed by a
retailer partnership, corporation, association or any
• The additional penalty of revocation of his judicial person, the partner, president, director,
license to practice his profession in case of a or manager who consents to or knowingly
practitioner, or of his or its business license tolerates such violation shall be held criminally
in case of manufacturer, seller, importer, liable as co-principal.
distributor or dealer, shall be imposed. 4. Partner, president, director, manager, officer or
stockholder, who knowingly authorizes,
13. Unnecessary prescription of dangerous drugs tolerates, or consents to the use of a vehicle,
vessel, or aircraft as an instrument in the
• Person Liable: Practitioner who shall importation, sale, delivery, distribution or
prescribe any dangerous drug for any person transportation of dangerous drugs, or to the
whose physical/physiological condition does use of their equipment, machines or other
not require the use of thereof or in the instruments in the manufacture of any
dosage therein. dangerous drugs, if such vehicle, vessel,
aircraft, equipment, or other instrument, is
14. Unlawful prescription of dangerous drugs owned or under the control and supervision of
the partnership, corporation, association or
judicial entity to which they are affiliated.
Also Punishable - 5. Any person who is found guilty of “planting”
any dangerous drugs and/or controlled
ATTEMPT AND CONSPIRACY TO COMMIT THE precursor and essential chemicals, regardless
FOLLOWING OFFENSES: of quantity or purity (penalty of death).
a. Importation of dangerous drugs and/or 6. Any person violating a regulation issued by the
controlled precursor and essential chemical, Dangerous Drugs Board
b. Sale, trading, administration, dispensation, 7. Any person authorized to conduct drug test
QuickTime™ and a
TIFF (Uncompressed) and
delivery, distribution decompressor
transportation
are needed to see this picture.
of who issues false or fraudulent drug test results
dangerous drugs and/or controlled precursor knowingly, willfully or through gross
and essential chemical, negligence.
c. Maintenance of a den, dive or resort for 8. Any government officer tasked with the
dangerous drugs, prosecution of drug-related cases under this
d. Manufacture of dangerous drugs and/or Act who delays or bungles the prosecution.
Scontrolled precursor and essential
chemical, and • For the purpose of enforcing the provisions of this
e. Cultivation or culture of plants which are Act, all school heads, supervisors and teachers
sources of dangerous drugs. shall be deemed to be persons in authority
and, as such, are vested with the power to

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apprehend, arrest, or cause the apprehension D. Upon application of the Board, the Court shall
or arrest of any person who shall violate any of issue an order for recommitment if the drug
the said provision. They shall be considered as dependent does not resubmit himself for
persons in authority if they are in the school or confinement or if he is not surrendered for
within its immediate vicinity, or beyond such recommitment.
immediate vicinity if they are in attendance in E. If, subsequent to such recommitment, he
any school or class function in their official should escape again, he shall no longer be
capacity as school heads, supervisors or exempt from criminal liability for the use or
teachers. possession of any dangerous drug.
• Any teacher or school employee who discovers
or finds that any person in the school or within F. If a person charged with an offense with an
its immediate vicinity is violating this Act shall imposable penalty of less than 6 years and 1
have the duty to report the violation to the day, and the Court or prosecutor, at any stage of
school head or supervisor who shall, in turn, the proceedings, finds that the person charged
report the matter to the proper authorities. with an offense is a drug dependent, the fiscal
Failure to report in either case shall, after or court as the case may be, shall suspend all
hearing, constitute sufficient cause for further proceedings and transmit records of the
disciplinary action by the school authorities. case to the Board. If the Board determines that
(Sec. 44) public interest requires that such person be
committed, it shall file a petition for
RULES FOR EXEMPTION FROM CRIMINAL commitment. After commitment and discharge,
LIABILITY OF DRUG DEPENDENTS THROUGH the prosecution shall continue. In case of
VOLUNTARY SUBMISSION: conviction, the judgment shall, if certified by the
center for good behavior, indicate that he shall
A. Drug dependent who is finally discharged from be given full credit for the period of
confinement shall be exempt subject to the ff. confinement; provided when the offense is use
conditions: of dangerous drugs, and the accused is not a
1) Complied with the rules of the Center recidivist, the penalty shall have deemed to
2) Never been charged or convicted of any have been served in the center upon release.
offense under this Act, the
Dangerous Drugs Act of 1972, the RPC, G. The period of prescription of the offense charged
or any special penal laws. shall not run during the time that the
3) No record of escape from the Center; respondent/accused is under detention or
provided if he escaped, he surrendered confinement in a center.
by himself or through his parent, spouse,
th
guardian or relative w/in the 4 w/in H. A drug dependent who is discharged as
1 week. rehabilitated, but does not qualify for
4) Poses no serious danger to himself, exemption, may be charged under this Act, but
family or community. shall be placed on probation and undergo
community service in lieu of imprisonment
B. Voluntary submission of a drug dependent to and/or fine in the court’s discretion.
confinement, treatment and rehabilitation by the
drug dependent himself or through his parent, I. A drug dependent who is not rehabilitated after
guardian or relative within the 4th in a center and the second commitment to the Center under the
compliance with such conditions therefor as the voluntary submission program shall, upon
QuickTime™ and a
Dangerous Drugs Board decompressor
TIFF (Uncompressed) may prescribe shall recommendation of the Board, be charged for
are needed to see this picture.
exempt him from criminal liability for violation of Sec. 15, (use of dangerous drug) and
possession or use of the dangerous drug. be prosecuted like any other offender. If
convicted, he shall be credited for the period of
C. Should the drug dependent escape from the confinement in the Center.
center, he may submit himself for confinement
within 1 week from the date of his escape, of his
parent guardian or relative may, within the same
period surrender him for confinement.

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RULES ON SUSPENSION OF SENTENCE FOR


FIRST OFFENSE OF A MINOR:

A. Supervision and rehabilitative surveillance of


the Board and under such conditions that the
court may impose for a period of 6-18 mos.

Requisites for suspension:


1. Accused is a minor over 15 years at the
time of the commission of the offense but
not more than 18 years of age when the
judgment should have been promulgated.
2. He has not been previously convicted of
violating this Act, Dangerous Drugs Act of
1972, RPC or any special penal laws.
3. He has not been previously committed to
a Center or to the care of a DOH-accedited
physician.
4. The Dangerous Drugs Board favorably
recommends that his/her sentence be
suspended.

• Where the minor is under 15 years at the


time of the commission, Art. 192 of Child
and Youth Welfare Code shall apply
(suspension of sentence and commitment)

B. The privilege of suspended sentence may be


availed of only once.

C. If the minor violates any of the conditions of his


suspended sentence, rules of the Board, or rules
of the center, the court shall pronounce
judgment of conviction and he shall serve
sentence as any other convicted person.

D. Upon promulgation of sentence, the court may,


in its discretion, place the accused under
probation, or impose community service in
lieu of imprisonment.

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PROCEDURE for CUSTODY and DISPOSITION

TIME TASK PRESENT

1 Immediately after Inventory and photograph Accused or the person/s from whom
seizure confiscated, or representative, media,
DOJ and any elected public official
who shall sign the copies of the
inventory and be given a copy.

2 24 hours upon Submit to PDEA Forensic Lab for


confiscation examination

3 24 hours after receipt Issue certification of exam results under


oath; provided, if the volume is too large,
provisionally issue partial report, stating
quantities still to be examined; provided
further, issue final certification within next 24
hours.

4 72 hours after filing of Court ocular inspection.


criminal case

5 24 hours from ocular Destruction (through PDEA); provided, Accused or the person/s from whom
inspection retain representative sample. confiscated, or representative, media,
DOJ, civil society groups and any
Board to issue sworn certification of elected public official
destruction. Submit certification and
representative sample to the court.

6 After promulgation and Trial prosecutor to inform the Board of final


judgment termination of case. Request the court for
leave to turn over representative samples to
PDEA.

7 24 hours from receipt Destruction

Alleged offender or his representative shall be allowed to personally observe all of the proceedings and his presence shall
not constitute an admission of guilt. In case the offender refuses or fails to appoint a representative after due notice in
writing within 72 hours before the actual destruction, the SoJ shall appoint a member of the public attorney’s office to
represent the former.

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RULES FOR LAB EXAMINATION OF


APPREHENDED/ARRESTED OFFENDERS : 11. Limited applicability of the RPC Æ The RPC
1. If reasonable ground to believe that offender is shall not apply to this Act, except in the case of
under the influence of dangerous drugs, conduct minor offenders. Where the offender is a minor,
examination w/in 24 hours. the penalty for acts punishable by life
2. Positive results shall be challenged w/in 15 days imprisonment to death shall be reclusion
after receipt of the result through a confirmatory perpetua to death.
test.
3. Confirmed test shall be prima facie evidence • Hence, since RPC nomenclature of penalties is
that offender has used dangerous drugs. used, the minor is then entitled to mitigating
4. Positive test must be confirmed for it to be circumstances under the RPC (Martin Simon
valid in a court of law. case). Thus, the minor does not receive the
death penalty. (Justice Peralta)
OTHER RULES:
1. In buy-bust operations, there is no law or rule People v. Adam GR 143842, 10/13/03
requiring policemen to adopt a uniform way Appellant is guilty of the crime of attempted sale
of identifying buy money. of shabu. As gleaned from the testimony of the
2. Absence of ultraviolet powder on the buy poseur-buyer, the appellant merely showed the bag
money is not fatal for the prosecution. containing the shabu and held on to it before it was
3. If offender is an alien, an additional penalty of confiscated. There is no evidence that the poseur-
deportation without further proceedings shall buyer talked about and agreed with the appellant on
be imposed immediately after service of the purchase price of the shabu. There is no
sentence. evidence that the appellant handed over the shabu to
4. A person charged under the Dangerous the poseur buyer.
Drugs Act shall not be allowed to avail of
plea-bargaining.
5. A positive finding for the use of dangerous
People v. Yang, GR 148077, 2/16/04
drugs shall be a qualifying aggravating
The consummation of the crime charged herein
circumstance in the commission of a crime
may be sufficiently established even in the absence
by the offender.
of an exchange of money. The offer to sell and then
6. If public official/employee is the offender,
the sale itself arose when the poseur-buyer showed
the maximum penalty shall be imposed.
the money to appellant, which prompted the latter to
7. Any person convicted of drug trafficking or
show the contents of the carton, and hand it over to
pushing cannot avail of the Probation Law.
the poseur-buyer. Mere showing of the said regulated
8. Immunity from prosecution and punishment
drug does not negate the existence of an offer to sell
shall be granted to an informant, provided the
or an actual sale. The absence of actual or
ff. conditions concur:
completed payment is irrelevant, for the law itself
1) necessary for conviction
penalizes the very act of delivery of a dangerous
2) not yet in the possession of the State
drug, regardless of any consideration. Payment of
3) can be corroborated on material
consideration is likewise immaterial in the distribution
points
of illicit drugs.
4) has not been previously convicted of
a crime of moral turpitude, except
when there is no other direct People v. Chua, GR 149878, 7/1/03
evidence In a prosecution for illegal possession of a
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5) comply with conditions
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are needed to see this picture. drug without legal authority is punishable under the
the State
6) does not appear to be the most guilty Dangerous Drugs Act. Lack of criminal intent or good
7) no other direct evidence available faith does not exempt appellants from criminal
liability.
10. Mandatory drug testing includes:
1) All persons charged with a criminal People v. Cadley, GR 150735, 3/15/04
offense having an imposable penalty A prior surveillance is not a prerequisite for the
of not less than 6 years and 1 day. validity of an entrapment or buy- bust operation, the
2) All candidates for public office, whether conduct of which has no rigid or textbook method.
appointed or elected.

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People v. Del Norte, GR 149462, 3/31/04 (4) Black jack, lucky nine,
In a prosecution for illegal possession of poker and its
dangerous drugs, the following facts must be proven derivatives, monte,
with moral certainty: (1) that the accused is in baccarat, cuajo,
possession of the object identified as a prohibited or pangguigue and other
regulated drug; (2) that such possession is not card games
authorized by law; and (3) that the accused freely
and consciously possessed the said drug. In this (5) Pak que, high and low,
case, proof of the accused’s ownership of the house mahjong, domino and
where the prohibited drugs were discovered is other games using
necessary. plastic tiles and the
like

(6) Slot machines,


roulette, pinball and
other mechanical
contraptions and
TITLE SIX
devices
CRIMES AGAINST PUBLIC MORALS
(7) Dog racing, boat
racing, car racing and
other forms of races

(8) Basketball, boxing,


P.D. 1602. PRESCRIBING STIFFER volleyball, bowling,
PENALTIES IN ILLEGAL GAMBLING pingpong and other
forms of individual or
team contests to
include game fixing,
point shaving and
other machinations
(Repealed Art. 195-199 RPC, PD 483 betting law, (9) Banking or percentage
and PD 449 cockfighting law) game, or any other
game or scheme,
PENALTY ACTS PUNISHED whether upon chance
or skill, wherein
Prision correccional, 1. Any person who shall wagers consisting of
medium or fine directly or indirectly money, articles of
ranging from P1,000 take part in any illegal value or representative
to P6,000 or unauthorized of value are at stake or
activities or games of: made
In case of recidivism:
Prision mayor, (1) Cockfighting, jueteng, 2. Any person who
medium or fine jai-alai or horse racing KNOWINGLY permits
ranging from P5,000 to include
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bookie any form of gambling
to P10,000 are needed to operations
see this picture. and game in an inhabited or
fixing, numbers, bingo uninhabited place or in
and other forms of any building, vessel or
lotteries other means of
transportation owned
(2) Cara y cruz, pompiang or controlled by him
and the like
Prision correccional 1. Gambling in place with
(3) 7-11 and any game maximum, fine of reputation of gambling,
using dice P6,000 frequent gambling

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place, government ƒ Spectators are not liable: must directly or


building or barangay indirectly take part; The law does not make it
hall an offense to be present in a gambling
house.
2. Maintainer or ƒ A game or scheme is punishable even if
conductor of above winning depends upon skill as long as
gambling schemes wagers (consisting of money, articles of
value or representative of value) are at stake
Prison mayor, Government official Æ or made.
medium, with maintainer, conductor,
temporary absolute banker of gambling Lottery:
disqualification or fine schemes; player, Requisites:
of P6,000 promoter, referee, umpire, 1. Consideration
judge or coach in case of 2. Chance
game fixing, point shaving 3. Prize/advantage/inequality in amount or
and machination value which is in the nature of prize
Prision correccional Any person who knowingly NOTES:
medium or fine P400 and without lawful purpose ƒ Distribution of prizes by chance
to P2,000 possess lottery list, paper ƒ No lottery where there is full value of
or other matter containing money(criminal case-Olsen), but if
letters, figures, signs or inducement to win prize is reason for
symbols pertaining to or in purchase/subscription/others then even if full
any manner used in the value for money is received—still
games of jueteng, jai-alai lottery(Administrative Code, postal law-El
or horse racing bookies, Debate)
and similar games of ƒ Proof that game took place or is about to
lotteries and numbers take place is not necessary; burden of
which have taken place or evidence is shifted to accused to show that
about to take place his possession is lawful or is not connected
with jueteng game; but proof to the contrary
Temporary absolute Barangay official who with
is necessary when jueteng lists pertain to
disqualification knowledge of gambling
games played on other dates
house/place in his
MAINTAINER – person who sets up and furnishes
jurisdiction fails to abate or
means to carry on gambling or scheme
take action
CONDUCTOR – person who manages or carries on
Prision correccional Security officer, gambling game or scheme
maximum or fine watchman, private or
P500 to P2000 house detective of hotels, ART. 196: IMPORTATION, SALE AND
villages, buildings, POSSESSION OF LOTTERY TICKETS OR
enclosures and the like ADVERTISEMENTS
which have reputation of (ALREADY REPEALED)
gambling place or where
gambling activities are
being held
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are needed to see this picture. P.D. No. 483: BETTING, GAME-FIXING OR
POINT-SHAVING AND MACHINATIONS IN
SPORT CONTESTS
NOTES:
ƒ Playing for money is not a necessary
element. The law’s purpose is to prohibit
absolutely those games. NOTES:
ƒ Any other games if with wager of money, ƒ BETTING - betting money or any object or
articles, or value are at stake or made article of value or representative of value
ƒ Individual/team contests: game-fixing, point- upon the result of any game, races and other
shaving, other machinations sports contests

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ƒ GAME-FIXING – any arrangement, upon resolution, subject to approval of Chief


combination, scheme or agreement by which of Constabulary or his authorized
the result of any game, races or sports representative—not allowed within month of
contests shall be predicted and/or knows local fiesta of for more than two occasions a
other than on the basis of the honest playing year in same city or municipality
skill or ability of the players or participants
ƒ POINT-SHAVING – any such arrangement, Cockfighting for Entertainment of Tourists or for
combination, scheme or agreement by which Charitable Purposes: Chief of Constabulary or his
the skill of ability of any player or participant authorized representative may also allow the holding
in a game, races or sports contests to make of cockfighting for:
points or scores shall be limited deliberately 1. Entertainment of foreign dignitaries
in order to influence the result thereof in favor 2. Tourists
of one or the other team, player or participant 3. Balikbayan
therein 4. For support of national fund-raising
ƒ GAME MACHINATION – any other campaigns for charitable purposes as may
fraudulent, deceitful, unfair or dishonest be authorized by the Office of the President,
means, method, manner or practice upon resolution of a provincial board, city or
employed for the purpose of influencing the municipal council
result of any game, races or sports contests
ƒ Clearance for arrest, detention or prosecution - In licensed cockpits or in playgrounds or
– No person who voluntarily discloses or parks
denounces to the President of the Philippine - Extended for only one time, for a period not
Amateur Athletic Federation or to the exceeding 3 days, within a year to a province,
National Sports Association concerned city or municipality
and/or to any law enforcement/police
authority any of the acts penalized by this
Decree shall be arrested, detained and or NOTES:
prosecuted except upon prior written ƒ Permitting gambling of any kind in cockpit is
clearance from the President of the punished under the same Decree (Owner,
Philippines and/or the Secretary of National manger or lessee of cockpit that permits
Defense gambling shall be criminally liable)
ƒ Spectators in cockfight are not liable unless
he participates as bettor
ART. 198: ILLEGAL BETTING ON HORSE RACES
(ALREADY REPEALED)
NOTES:
ƒ Gambling in all its forms, unless allowed by
law, is generally prohibited. The prohibition
does not mean that the Government cannot
COCKFIGHTING LAW OF 1974 regulate it in the exercise of police power.
ƒ There are particular days where Cockfighting
and Horse Racing are allowed. Betting in
Horse Races is allowed during periods
provided by law but betting in cockfights is
Holding of Cockfights – Cockfighting shall be prohibited at all times.
allowed only in licensed cockpits:
QuickTime™ and a
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1. Sundays are needed to see this picture.
Shaving, Game Machinations prohibited
2. Legal Holidays, except: December 30, June
12, November 30, Holy Thursday, Good
Friday, Election or Referendum Day and
during Registration Days for such election or Chapter Three - OFFENSES AGAINST
referendum DECENCY AND GOOD CUSTOMS
3. During local fiestas for not more than 3 days
4. Provincial, city or municipal agriculture,
commercial or industrial fair, carnival or
exposition for a similar period of three days

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Considered as obscene literature or immoral or


indecent plays, scenes or acts:
ART. 200: GRAVE SCANDAL 1. those w/c glorify criminals or condone
crimes;
Elements: 2. those w/c serve no other purpose but to
1. That the offender performs an act; satisfy the market for violence, lust or
2. That such act/s be highly scandalous as pornography;
offending against decency or good customs; 3. those w/c offend against any race or religion;
3. That the highly scandalous conduct does not 4. those w/c tend to abet the traffic and the use
expressly fall within any other article of the of prohibited drugs; and
RPC; and 5. those that are contrary to law, public order,
4. That the act/s complained of be committed in morals, good customs, established policies,
a public place or within the public knowledge lawful orders, decrees and edicts.
or view.
NOTES:
ƒ Grave scandal consists of acts which are ƒ Morals imply conformity to generally
offensive to decency and good customs. They accepted standards of goodness or rightness
are committed publicly and thus, give rise to in conduct or character.
public scandal to persons who have accidentally ƒ The test of obscenity is whether the matter
witnessed the acts. The public view is not has a tendency to deprave or corrupt the
required. It is sufficient if committed in public minds of those who are open to immoral
place. For being committed within the public influences. A matter can also be considered
knowledge, it may occur even in a private place; obscene if it shocks the ordinary and
the number of people who sees it is not material. common sense of men as indecency.
ƒ Decency means properly observing the ƒ Mere nudity in paintings and pictures is not
requirements of modesty, good taste obscene.
ƒ Customs refer to established usage, social ƒ Pictures w/ a slight degree of obscenity
conventions carried on by tradition and enforced having no artistic value and being intended
by social disapproval in case of violation. for commercial purposes fall within this
ƒ The essence of grave scandal is publicity and article.
that the acts committed are not only contrary to ƒ Publicity is an essential element.
morals and good customs but must likewise be of
such character as to cause public scandal to
those witnessing it ART. 202: VAGRANTS AND PROSTITUTES
.
ART. 201: IMMORAL DOCTRINES, OBSCENE Who are considered VAGRANTS:
PUBLICATIONS AND EXHIBITIONS, AND 1. Those who have no apparent means of
INDECENT SHOWS subsistence and who have the physical
ability to work yet neglect to apply
Persons liable: themselves to some useful calling;
1. Those who publicly expound or proclaim 2. Persons found loitering around public and
doctrines that are contrary to public morals. semi-public places without visible means of
2. Authors of obscene literature, published with support;
their knowledge in any form. 3. Persons tramping or wandering around the
3. Editors publishingQuickTime™
such obscene and a literature. country or the streets with no visible means
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4. Owners or are operators of establishments
needed to see this picture. of support;
selling obscene literature. 4. Idle or dissolute persons lodging in houses of
5. Those who exhibit indecent or immoral plays, ill-fame;
scenes, acts or shows in theaters, fairs, 5. Ruffians or pimps and those who habitually
cinemas or any other place. associate with prostitutes (may include even
6. Those who sell, distribute, or exhibit prints, the rich); and
engraving, sculptures or literature which are 6. Persons found loitering in inhabited or
offensive to morals. uninhabited places belonging to others,
without any lawful or justifiable reason,

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provided the act does not fall within any other


article of the RPC. TITLE SEVEN
CRIMES COMMITTED BY PUBLIC OFFICERS
PROSTITUTES - women who habitually(not just 1
man) indulge in sexual intercourse or lascivious
conduct for money or profit (If a man indulges in the
same conduct, the crime committed is vagrancy.)
DISSOLUTE – lax, unrestrained, immoral (includes
maintainer of house of prostitution) Chapter One - PRELIMINARY PROVISIONS
RUFFIANS – brutal, violent, lawless

If fenced and with Trespass To


prohibition of entry Dwelling
If fenced and entered to Attempted theft ART. 203: WHO ARE PUBLIC OFFICERS
hunt/fish
If not fenced and with no Vagrancy Requisites:
prohibition of entry To be a public officer, one must be -
1. Taking part in the performance of public
functions in the Government, or performing
public duties as an employee, agent or
P.D. 1653 - MENDICANCY subordinate official, of any rank or class, in
the government or any of its branches; and
2. That his authority to take part in the
performance of public functions or to perform
Persons liable: public duties must be -
1. Mendicant – Those with no visible and legal a. by direct provision of the law, or
means of support, or lawful employment and b. by popular election, or
physically able to work but neglects to apply c. by appointment by competent
himself to lawful calling and instead uses begging authority.
as means of living (higher penalty if convicted 2
or more times) NOTES:
2. Any person who abets mendicancy by giving ƒ Public officers include every public servant
alms on public roads, sidewalks, parks and from the lowest to the highest rank provided
bridges except if given through organized that they exercise public functions.
agencies operating under rules and regulations of ƒ A government laborer is not a public officer.
Ministry of Public Information However, temporary performance by a
laborer of public functions makes him a
NOTE: Giving alms through organized agencies public officer.
operating under the rules and regulations of the
Ministry of Public Information is not a violation of the Malfeasance Doing of an act which a public officer
Mendicancy Law. should not have done
Misfeasance Improper doing of an act which a
person might lawfully do
Under R.A. 9344 persons below eighteen (18) Nonfeasance Failure of an agent to perform his
years of age shall be exempt from prosecution
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for the crime of vagrancy and
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are needed to see this picture.
under
Section 202 of the Revised Penal Code, of Misfeasance:
mendicancy under Presidential Decree No. 1. Knowingly rendering unjust judgment
1563, and sniffing of rugby under Presidential 2. Rendering judgment through negligence
Decree No. 1619, such prosecution being 3. Rendering unjust interlocutory order
inconsistent with the United Nations Convention 4. Malicious delay in the administration of
of the Rights of the Child: justice

Nonfeasance:
1. dereliction of duty in prosecution of offenses

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2. betrayal of trust by an attorney or solicitor – 2. That he renders judgment in a case


revelation of secrets submitted to him for decision;
3. That the judgment is manifestly unjust; and
Malfeasance: 4. That it is due to inexcusable negligence or
1. Direct bribery ignorance.
2. Indirect bribery
MANIFESTLY UNJUST JUDGMENT – manifestly
contrary to law that even a person having meager
Chapter Two - MALFEASANCE AND knowledge of law cannot doubt the injustice; not
MISFEASANCE IN OFFICE abuse of discretion or mere error of judgment

ART. 206: UNJUST INTERLOCUTORY


ART. 204: KNOWINGLY RENDERING AN ORDER
UNJUST JUDGMENT

Elements: Elements:
1. That the offender is a judge; and
1. That the offender is a judge; 2. That he performs any of the following acts:
2. That he renders a judgment in the case a. knowingly renders an unjust
submitted to him for decision; interlocutory order or decree, or
3. That the judgment is unjust; and b. renders a manifestly unjust
4. That the judge knows that the decision is interlocutory order or decree through
unjust. inexcusable negligence or ignorance.
NOTES: INTERLOCUTORY ORDER - one issued by the court
ƒ A judgment is a final consideration and deciding a collateral or incidental matter; it is not a
determination by a court of competent final determination of the issues of the action or
jurisdiction of the issues submitted to it in an proceeding
action or proceeding.
ƒ An unjust judgment is one which is contrary
to law, or not supported by the evidence, or
both. ART. 207: MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
An unjust judgment may result from:
1. error (w/ bad faith) Elements:
2. ill-will or revenge 1. That the offender is a judge;
3. bribery 2. That there is a proceeding in his court;
3. That he delays the administration of justice;
ƒ There must be evidence that the decision and
rendered is unjust. It is not presumed. 4. That the delay is malicious, that is, the delay
ƒ Knowingly – deliberately or maliciously, is caused by the judge with deliberate intent
conscious and deliberate intent to do an to inflict damage on either party in the case.
injustice; (no liability if error in good faith)
ƒ Abuse of discretion or mere error of judgment NOTE: Mere delay without malice is not punishable.
cannot likewise serve as
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an unjust judgment in the absence of proof or
are needed to see this picture.

an allegation of bad faith (motive or improper


consideration). ART. 208: PROSECUTION OF OFFENSES;
NEGLIGENCE AND TOLERANCE

ART. 205: JUDGMENT RENDERED THROUGH Acts punishable:


NEGLIGENCE 1. By maliciously refraining from instituting
prosecution against violators of the law
Elements: 2. By maliciously tolerating the commission of
1. That the offender is a judge; offenses

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b. by inexcusable negligence or
Dereliction of duty in the prosecution of offenses: ignorance.
2. Revealing any of the secrets of his client
Elements: learned by him in his professional capacity.
1. That the offender is a public officer or officer Here, damage is not necessary.
of the law who has a duty to cause the 3. Undertaking the defense of the opposing
prosecution of, or to prosecute offenses; party in the same case, without the consent
st
2. That there is dereliction of the duties of his of his 1 client, after having undertaken the
office, that is, knowing the commission of the defense of a client or having received
crime, he does not cause confidential information from said client.
(a) the prosecution of the criminal
(People vs. Rosales, G.R. no.
42648) or ART. 210: DIRECT BRIBERY
(b) knowing that a crime is about to be
committed he tolerates its
commission; (If gift/promise is a Elements:
consideration for his conduct, crime
is direct bribery.) and 1. That the offender be a public officer;
3. That the offender acts with malice and 2. That the offender accepts an offer or promise
deliberate intent to favor the violator of the or receives a gift or present by himself or
law. through another;
3. That such offer or promise be accepted or
NOTES: gift/present received by the public officer
ƒ Prevaricacion means the negligence and (Mere agreement consummates the crime
tolerance in the prosecution of an offense. and delivery of consideration is not
ƒ There must be a duty on the part of the necessary) -
public officer to prosecute or move for the a. with a view to committing some crime;
prosecution of the offender. However, a fiscal b. in consideration of an execution of an act
is under no compulsion to file an information which does not constitute a crime, but
based upon a complaint if he is convinced the act must be unjust; (contemplates an
that the evidence before him is insufficient to accepted gift, and an overt act)
warrant filing an action in court. c. to refrain from doing something which is
ƒ The crime must be proved first before an his official duty to do; (should not be a
officer can be convicted of dereliction of duty. crime)
ƒ “Maliciously” signifies deliberate evil intent; a 4. That the act which the offender agrees to
dereliction of duty caused by poor judgment perform or which he executes be connected
or honest mistake is not punishable. with the performance of his official duties.
ƒ A public officer who harbors, conceals, or (need not be a statutory duty)
assists in the escape of an offender, when it
is his duty to prosecute him, is liable as NOTES:
principal in the crime of dereliction of duty in ƒ For purposes of this article, temporary
the prosecution of offenses. He is not an performance of public functions is sufficient
accessory. to constitute a person a public officer. A
ƒ This article not applicable to revenue officers. private person may commit this crime only in
the case in which custody of prisoners is
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entrusted to him.
are needed to see this picture. ƒ Applicable also to assessors, arbitrators,
ART. 209: BETRAYAL OF TRUST BY AN appraisal and claim commissioners, experts
ATTORNEY OR SOLICITOR – REVELATION OF or any other person performing public duties.
SECRETS ƒ This felony cannot be frustrated. It may only
be attempted or consummated.
Acts punishable:
1. Causing damage to client either
a. by any malicious breach of Bribery exists when the gift is:
professional duty, or 1. voluntarily offered by a private person

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2. solicited by the public officer and voluntarily Persons Liable:


delivered by the private person
3. solicited by the public officer but the private 1. Any public officer who shall perform any of the
person delivers it out of fear of the following acts:
consequences should the public officer a. Persuading, inducing or influencing another
perform his functions (Here, the crime by the public officer to perform an act constituting a
giver is not corruption of public officials due violation of rules and regulations duly
to his involuntariness.) promulgated by competent authority or an
offense in connection with the official duties
of the latter, or allowing himself to be
ƒ Actual receipt of the gift is not necessary. An persuaded, induced, or influenced to commit
accepted offer or promise of a gift is sufficient. such violation or offense.
However, if the offer is not accepted, only the
person offering the gift is liable for attempted NOTE: Persuasion need not be successful. The
corruption of a public officer. gravamen of the offense is the persuasion.
ƒ The gift must have a value or be capable of
pecuniary estimation. It could be in the form of a. Directly or indirectly requesting or receiving
money, property or services. any gift, present, share, percentage, or
ƒ If the act required of the public officer amounts to benefit for himself or for any other person in
a crime and he commits it, he shall be liable for connection with any contract or transaction
the penalty corresponding to the crime. between the government and any other
ƒ The crime of bribery cannot be complexed with or party wherein the public officer in his official
absorbed by other crimes as the penalty for capacity has to intervene under the law.
bribery is in addition to the penalties for those b. Directly, or indirectly requesting or receiving
other crimes. any gift, present, or other pecuniary or
ƒ The third type of bribery and prevaricacion (art material benefit, for himself or for another,
208) are similar offenses, both consisting of from any person for whom the public officer,
omissions to do an act required to be performed. in any manner or capacity, has secured or
In direct bribery however, a gift or promise is obtained, or will secure or obtain, any
given in consideration of the omission. This Government permit or license, in
element is not necessary in prevaricacion. consideration for the help given or to be
given.

BRIBERY (210) ROBBERY (294) NOTE: If the act does not fall under b and c,
When the victim has When the victim did then Art. 210, direct bribery, may apply.
committed a crime and not commit a crime (Justice Peralta)
gives money/gift to avoid and he is intimidated
arrest or prosecution. with arrest and/or d. Accepting or having any member of his
prosecution to deprive family accept employment in a private
him of his personal enterprise which has pending official
property. business with him during the pendency
Victim parts with his money Victim is deprived of thereof or within one year after its
or property voluntarily. his money or property termination.
by force or
intimidation. NOTE: The act is mala prohibita. Hence,
QuickTime™ and a
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are needed to see this picture.
recommended the employment. (Justice
Peralta)
ANTI-GRAFT AND CORRUPT PRACTICES ACT
R.A. NO. 3019 e. Causing any undue injury to any party,
including the Government, or giving any
private party any unwarranted benefits,
advantage, or preference in the discharge of
his official, administrative or judicial function
through manifest partiality, evident bad faith
or gross inexcusable negligence. This

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provision shall apply to officers and • Under the Code of Professional Conduct,
employees of offices or government the public officer MUST divest his
corporations charged with the grant of interest.
licenses or permits or other concessions.
i. Directly or indirectly becoming interested, for
NOTES: personal gain, or having a material interest in
ƒ The best defense is that the partiality was any transaction or act requiring the approval
not manifest. That the partiality is manifest of a board, panel, or group of which he is a
is a heavy burden on the prosecution. member, and which exercises discretion in
(Justice Peralta). such approval, even if he votes against the
ƒ Another defense is the Arias doctrine. The same or does not participate in the action of
defense applies in a case where the accused the board, committee, panel or group.
is an approving officer and is on trial for
signing an unjust contract. j. Knowingly approving or granting any license,
ƒ The defense is that the approving officer permit, privilege, or benefit in favor of any
relied on the prior signatures of his person not qualified for or not legally entitled
subordinates and had no reason to suspect to such license, permit, privilege, or
wrong-doing and was swamped with a lot of advantage, or of a mere representative or
documents on that day that he signed. dummy of one who is not so qualified or
ƒ There is no attempted or frustrated stage of entitled.
the crime defined in Sec. 3(e) of R.A. No.
3019. k. Divulging valuable information of a
confidential character, acquired by his office
f. Neglecting or refusing, after due demand or or by him on account of his official position to
request, without sufficient justification, to act unauthorized persons, or releasing such
within a reasonable time on any matter information in advance of its authorized
pending before him for the purpose of release date.
obtaining directly or indirectly, from any
person interested in the matter some 2. Any person having family or close personal
pecuniary or material benefit or advantage, relation with any public official who shall
or for the purpose of favoring his own interest capitalize or exploit or take advantage of such
or giving undue advantage in favor of or family or close personal relation by directly or
discriminating against any other interested indirectly requesting or receiving any present,
party. gift, or material, or pecuniary advantage from any
person having some business, transaction,
g. Entering, on behalf of the Government, into application, request, or contract with the
any contract or transaction manifestly and government in which such public official has to
grossly disadvantageous to the same, intervene (Sec. 4)
whether or not the public officer profited or
will profit thereby. 3. Any person who shall knowingly induce or cause
any public official to commit any of the offenses
ƒ In determining whether the contract was under (A). (Sec. 4)
manifestly and grossly disadvantageous,
it is not merely consideration of the 4. Spouse or any relative, by consanguinity or
rd
pecuniary amount involved. (Justice affinity, within the 3 civil degree, of the
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Peralta)
TIFF (Uncompressed) decompressor President of the Philippines, the Vice-President,
are needed to see this picture.
the President of the Senate, or Speaker of the
h. Directly or indirectly having financial or House of Representatives, who shall intervene,
pecuniary interest in any business, contract directly or indirectly, in any business transaction,
or transaction in connection with which he contract or application with the government (Sec.
intervenes or take part in his official 5).
capacity, or in which he is prohibited by the
constitution or by any law from having any This prohibition shall not apply to:
interest. 1. Any person who, prior to the assumption of
office of any of the above officials to whom
he is related, has been already dealing with

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the government along the same line of acquisition through legitimate means cannot
business; be satisfactorily shown.
2. Any transaction, contract or application 3. Bank deposits in the name of or manifestly
already existing or pending at the time of excessive expenditures incurred by the
such assumption of public office; public official, his spouse or any of their
3. Any application filed by him, the approval of dependents including but not limited to
which is not discretionary on the part of the activities in any club or association or any
official(s) concerned but depends upon ostentatious display of wealth including
compliance with requisites provided by law, frequent travel abroad of a non-official
or rules or regulations issued pursuant to character by any public official when such
law; activities entail expenses evidently out of
4. Any act lawfully performed in an official proportion to legitimate income.
capacity or in the exercise of a profession.
NOTE: Competent court is the Sandiganbayan (Sec.
5. Any member of Congress, during the term for 10).
which he has been elected, who shall acquire or
receive any personal pecuniary interest in any General Rule: Prescriptive period is 15 years (Sec.
specific business enterprise which shall be 11).
directly and particularly favored or benefited by Exceptions: Unsolicited gifts or presents of small
any law or resolution authored by him previously or insignificant value offered or given as a mere
approved or adopted by Congress during his ordinary token of gratitude of friendship according
term. to local customs or usage, shall be excepted from
the provisions of this act (Sec. 14).
6. Any public officer who recommended the initiation
in Congress of the enactment or adoption of any NOTES:
law or resolution and acquires or receives such ƒ No public officer shall be allowed to resign or
interest during his incumbency. retire pending an investigation
ƒ Suspension while pending in court after valid
• Unlawful for such member of Congress or information (cannot be automatic), and loss of
other public officer, who, having such interest benefits if convicted by final judgment; maximum
prior to the approval of such law or resolution duration of preventive suspension is 90 days;
authored or recommended by him, continues acquittal Æ reinstatement and salaries and
for 30 days after such approval to retain such benefits which he failed to receive
interest. ƒ The courts are not bound by the statement of
assets and liabilities filed.
7. Any public officer who shall fail to file a true, ƒ Penalty of forfeiture can be applied retroactively.
detailed and sworn statement of assets and
liabilities within 30 days after assuming office and
th
thereafter on or before the 15 day of April
ART. 211: INDIRECT BRIBERY
following the close of every calendar year, as well
as upon the expiration of his term of office, or Elements:
upon his resignation or separation from office 1. That the offender is a public officer;
(Sec. 7). 2. That he accepts gifts; and
3. That the said gifts are offered to him by
Prima Facie Evidence of and Dismissal Due to reason of his office.
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NOTES:
1. If a public official has been found to have ƒ The gift is given in anticipation of future favor
acquired during his incumbency, whether in from the public officer.
his name or in the name of other persons, an ƒ There must be clear intention on the part of the
amount of property and/or money manifestly public officer to take the gift offered and consider
out of proportion to his salary and to his other the property as his own for that moment. Mere
lawful income. physical receipt unaccompanied by any other
2. Properties in the name of the spouse and sign, circumstance or act to show such
dependents of such public official may be acceptance is not sufficient to convict the officer.
taken into consideration, when their

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ƒ There is no attempted or frustrated indirect bribery, and any corruption of public officials,
bribery. provided that:
ƒ Public officers receiving gifts and private persons 1. The information must refer to
giving gifts on any occasion, including Christmas, consummated violations of any of the
are liable under PD 46. above-mentioned provisions of law, rules
ƒ The criminal penalty or imprisonment is distinct and regulations
from the administrative penalty of suspension 2. Information and testimony are necessary
from the service. for the conviction of the accused public
officer, not in possession of the State,
and can be corroborated on its material
points
Direct bribery Indirect bribery
3. Informant or witness has not been
Officer agrees to perform Not necessary that the previously convicted of a crime involving
or refrain from doing an officer do an act. moral turpitude
act. 4. Immunity shall not attach should the
information and/or testimony is false and
malicious or made only for the purpose of
harassing, molesting or in any way
ARTICLE 211-A. QUALIFIED BRIBERY prejudicing the public officer denounced

ELEMENTS:
1. That the offender is a public officer
Chapter Three – FRAUDS AND ILLEGAL
entrusted with law enforcement;
EXACTIONS AND TRANSACTIONS
2. That he refrains from arresting/
prosecuting offender for crime punishable
by reclusion perpetua and/or death (if
lower penalty than stated above, direct ARTICLE 213. FRAUDS AGAINST THE PUBLIC
bribery is the crime); and TREASURY AND SIMILAR OFFENSES
3. In consideration of any offer, promise or
gift.
A. FRAUDS AGAINST PUBLIC TREASURY

ELEMENTS:
ARTICLE 212. CORRUPTION OF PUBLIC
1. That the offender be a public officer;
OFFICIALS
2. That he should have taken advantage of his
office, that is, he intervened in the
ELEMENTS:
transaction in his official capacity;
1. That the offender makes offers or promises 3. That he entered into an agreement with any
or gives gifts or presents to a public interested party or speculator or made use of
officer; and any other scheme with regard to (a)
2. That the offers or promises are made or the furnishing supplies (b) the making of
gifts or presents given to a public officer, contracts, or (c) the adjustment or settlement
under circumstances that will make the of account relating to a public property or
public officer liable for direct bribery or funds; and
indirect bribery. 4. That the accused had intent to defraud the
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• The offender is the giver
are needed ofthisthe
to see gift or the offeror
picture.

of the promise. The act may or may not be • The felony is consummated by merely entering
accomplished. into an agreement with any interested party or
• Bribery is usually proved by evidence acquired in speculator or by merely making use of any
entrapment scheme to defraud the Government.
• Under PD 749, givers of bribes and other gifts as
well as accomplices in bribery and other graft
cases are immune from prosecution if they
voluntarily give any information about any
commission of direct, indirect, and qualified

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B. ILLEGAL EXACTIONS 3. That he commits any of the frauds or


deceits enumerated in art. 315 and 316.
ELEMENTS: (estafa, swindling)
1. The offender is a public officer entrusted
with the collection of taxes, licenses, fees • RTC has jurisdiction over the offense because
and other imposts; and the principal penalty is disqualification.
2. That he is guilty of any of the following acts
or omissions;
a. demanding, directly or indirectly the ARTICLE 215. PROHIBITED
payment of sums different from or TRANSACTIONS
larger than those authorized by law,
ELEMENTS:
or
1. That the offender is an appointive public
b. failing voluntarily to issue a
officer;
receipt, as provided by law, for any
2. That he becomes interested, directly or
sum of money collected by him
indirectly, in any transaction of exchange
officially, or
or speculation;
c. collecting or receiving, directly or
3. That the transaction takes place within the
indirectly, by way of payment or
territory subject to his jurisdiction; and
otherwise, things or objects of a
4. That he becomes interested in the
nature different from that provided
transaction during his incumbency.
by law.
• Examples of transactions of exchange or
• Mere demand of a larger or different amount is
speculation are buying and selling stocks,
sufficient to consummate the crime. The
commodities, land, etc. wherein one hopes to
essence is the improper collection and
take advantage of an expected rise or fall in price
damage to the government is not required.
Æ for gain or profit and not merely as investment
• If sums are received without demanding the
• Purchasing of stocks or shares in a company is
same, a felony under this article is not committed.
simple investment and not a violation of the
However, if the sum is given as a sort of gift or
article. However, regularly buying securities for
gratification, the crime is indirect bribery.
resale is speculation.
• When there is deceit in demanding larger fees,
• Appointive public officials should not devote
the crime committed is estafa.
himself to commerce
• This felony may be complexed with
malversation. Ex. A tax collector who collected
a sum larger than that authorized by law and ARTICLE 216. POSSESSION OF PROHIBITED
spent all of them is guilty of two crimes, namely: INTERESTS BY A PUBLIC OFFICER
(1) illegal exaction, for demanding a greater
amount; and (2) malversation for WHO ARE LIABLE:
misappropriating the amount collected. 1. Public officer who became interested in any
• A public officer who has the duty to collect taxes contract or business in which it is his official
is directly accountable to the Government for duty to intervene.
money he collected since such money acquires 2. Experts, arbitrators and private
the character of a public fund. accountants who took part in any contract or
• Officers and employees of the BIR or Customs transaction connected with the estate or
are not covered by QuickTime™
this article and a but by the NIRC property in the approval, distribution or
TIFF (Uncompressed) decompressor
or the Administrative
are needed Code.
to see this picture. adjudication of which they had acted.
3. Guardians and executors with respect to
property belonging to their wards or the
ART. 214. OTHER FRAUDS estate.

ELEMENTS: • Actual fraud is not necessary


1. That the offender is a public officer; • Intervention must be by virtue of public office held
2. That he takes advantage of his official • Act is punished because of the possibility that
position; and fraud may be committed or that the officer

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may place his own interest above that of the F. By taking undue advantage of official
Government or of the party which he represents. position, authority, relationship, connection or
• Constitutional prohibitions exist influence to unjustly enrich himself or
- Congress: cannot personally appear as themselves at the expense and to the
counsel, cannot be interested financially in damage or prejudice of the Filipino people
any franchise or special privilege granted by and the Republic of the Philippines.
government, cannot intervene in any matter
before office of Goevrnment PERSONS LIABLE:
- Executive – cannot hold any other office A. Any public officer who, by himself or in
- Constitutional Commission – cannot hold any connivance with members of his family,
other office, engage in practice of profession relatives by affinity or consanguinity,
business associates and subordinates or
other persons, amasses, accumulates, or
acquires ill-gotten wealth through a
combination or series of overt or criminal
acts as described under above in the
aggregate amount or total value of at least
AN ACT DEFINING AND PENALIZING THE
50 million pesos, shall be guilty of the crime
CRIME OF PLUNDER
of plunder (as amended by RA 7659).
RA 7080
B. Any person who participated with the said
public officer in the commission of plunder.

JURISDICTION: Sandiganbayan.
DEFINITION OF ILL-GOTTEN WEALTH: Any asset,
property, business enterprise or material possession RULE OF EVIDENCE: For purposes of establishing
of any person acquired by him directly or indirectly the crime of plunder, it shall not be necessary to
through dummies, nominees, agents, subordinates, prove each and every criminal act done by the
and/or business associates by any combination or accused in furtherance of the scheme and conspiracy
series of the following means or similar schemes: to amass, accumulate or acquire ill-gotten wealth, it
A. Through misappropriation, conversion, being sufficient to establish beyond reasonable doubt
misuse or malversation of public funds or a pattern of overt or criminal acts indicative of the
raids on the public treasury. overall unlawful scheme or conspiracy.
B. By receiving, directly or indirectly, any
commission, gift, share, percentage,
kickbacks or any other form of pecuniary PRESCRIPTION: 20 years. However, the right of
benefit from any person and/or entity in the State to recover properties unlawfully acquired
connection with any government contract by public officers from them or from their nominees or
or project or by reason of the office or transferees shall not be barred by prescription,
position of the public officer concerned; laches or estoppel.
C. By the illegal or fraudulent conveyance or
disposition of assets belonging to the
National Government or any of its ESTRADA VS. SANDIGANBAYAN, GR NO. 148560,
subdivisions, agencies or instrumentalities or NOVEMBER 21, 2001
government-owned or controlled corporations what is meant by “combination” and “series” of
and their subsidiaries; overt or criminal acts under the plunder law?
D. By obtaining, receiving or accepting, directly
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are needed to see this picture.
or indirectly, any shares of stock, equity or When the plunder law speaks of “combination”, it is
any other form of interest or participation, referring to at least two (2) acts falling under different
including the promise of future categories of enumeration provided in sec. 1, par. (d).
employment in any business enterprise or example: raids on the public treasury in sec. 1, par.
undertaking. (d), subpar. (1), and fraudulent conveyance of assets
E. By establishing agricultural, industrial or belonging to the national government under sec. 1
commercial monopolies or other par. (d), subpar. (3).
combinations, and/or implementation of On the other hand, to constitute a “series” there
decrees and orders intended to benefit must be two (2) or more overt or criminal acts falling
particular persons or special interests; under the same category of enumeration found in

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sec. 1, par. (d), say, misappropriation, malversation a. Appropriated the funds or property
and raids on the public treasury, all of which falls b. Took or misappropriated them
under sec. 1, par. (d), subpar. (1). verily, had the c. Consented or, through abandonment
legislature intended a technical or distinctive meaning or negligence, permitted any other
for “combination” and “series”, it would have taken person to take such public funds or
greater pains in specially providing for it in the law. property.

• It is not necessary that the offender profited


Joseph Ejercito Estrada vs. Sandiganbayan, G.R. by his malversation. His being remiss in the duty
No. 148560, November 21, 2001 of safekeeping public funds violates the trust
is the crime of plunder malum in se or malum reposed.
prohibitum? • Public funds taken need not be misappropriated.
Plunder is a crime of malum in se because the • Malversation is otherwise called embezzlement.
constitutive crimes are mala in se. the elements of • It can be committed either with malice or
mens rea must be proven in a prosecution for through negligence or imprudence (penalty is
plunder. moreover, any doubt as to whether the the same).
crime of plunder is malum in se must be deemed • In determining whether the offender is a public
to have been resolved in the affirmative decision officer, what is controlling is the nature of his
of congress in 1993 to include it among the office and not the designation - contemplates
heinous crimes punishable by reclusion perpetua public officer who receives money or property
to death. the legislative declaration in r.a. 7659 from government for which he is bound to
that plunder is a heinous offense implies that it is account, must have authority to collect or receive
malum in se. for when the acts punished are • The funds or property must be received in an
inherently immoral or inherently wrong, they are official capacity. Otherwise, the crime
mala in se and it does not matter that such acts committed is estafa.
are punished in a special law, especially since in • Government funds include revenue funds and
the case of plunder the predicate crimes are trust funds. If funds or property placed in custody
mainly mala in se. of public officer, and they are accountable, such
funds or property partake nature of a public fund.
• A public officer who has qualified charge of
gov’t property without authority to part with its
physical possession upon order of an immediate
Chapter Four – MALVERSATION OF PUBLIC
superior cannot be held liable under this
FUNDS OR PROPERTY
article.
• A qualified charge of properties does not qualify
to possession contemplated in the crime of
malversation where the possessor is only
ARTICLE 217. MALVERSATION OF PUBLIC
accountable to his immediate superior and not
FUNDS OR PROPERTY
the government; his superior is the one
accountable to the government
ELEMENTS:
1. That the offender be a public officer (or • Private individuals can also be held liable for
private person if entrusted with public malversation under 2 circumstances:
funds or if in connivance with public 1. when they are in conspiracy with public
officers); TIFF (Uncompressed)
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officers; and
2. That he had the custody or control of
are needed to see this picture. 2. when they have charge of national,
funds or property (if not accountable for the provincial or municipal funds, revenues
funds, crime committed is theft or qualified or property in any capacity.
theft); • In malversation through negligence, the
3. That those funds or property were public negligence of the accountable public officer must
funds or property (even if private funds, be positively and clearly shown to be
they become public if attached, seized, inexcusable, approximating fraud or malice. The
deposited or commingled with public funds); measure of negligence to be observed is the
and standard of care commensurate with the
4. That he… occasion.

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• When malversation is not committed through ELEMENTS:


negligence, lack of criminal intent or good faith is 1. That the offender is a public officer, whether
a defense. in the service or separated therefrom;
• The failure of a public officer to have any duly 2. That he must be an accountable officer for
forthcoming public funds or property upon public funds or property;
demand, by any authorized officer, shall be prima 3. That he is required by law or regulation to
facie evidence that he has put such missing render accounts to the Commission on
funds or property to personal use. However, if at Audit, or to a provincial auditor; and
the very moment when the shortage is 4. That he fails to do so for a period of two
discovered, the accountable officer is notified, months after such accounts should be
and he immediately pays the amount from his rendered.
pocket, the presumption does not arise. • Demand and misappropriation are not necessary.
• Returning the embezzled funds is not an
exempting circumstance but only mitigating.
• There is also no malversation when the ARTICLE 219. FAILURE OF A
accountable officer is obliged to go out of his RESPONSIBLE PUBLIC OFFICER TO
office and borrow the amount corresponding to RENDER ACCOUNTS BEFORE LEAVING
the shortage and later, the missing amount is THE COUNTRY
found in an unaccustomed place.
• A person whose negligence made possible the ELEMENTS:
commission of malversation by another can be 1. That the offender is a public officer;
held liable as a principal by indispensable 2. That he must be an accountable officer for
cooperation. public funds or property; and
• Demand by or damage to the government are not 3. That he must have unlawfully left (or be on
necessary elements of the crime of malversation. the point of leaving) the Philippines
without securing from the Commission on
MALVERSATION (217) ESTAFA WITH Audit a certificate showing that his accounts
ABUSE OF have been finally settled.
CONFIDENCE (315) • The act of leaving the Philippines must be
Funds or property usually Funds/property are unauthorized or not permitted by law.
public always private
Offender is usually a public Offender is a private
officer who is accountable for individual or even a ARTICLE 220. ILLEGAL USE OF PUBLIC FUNDS
the public funds/property public officer who is OR PROPERTY
not accountable for
public funds/property
Crime is committed by Crime is committed by ELEMENTS OF TECHNICAL MALVERSATION:
appropriating, taking, or misappropriating, 1. That the offender is a public officer;
misappropriating/consentin converting, or 2. That there is public fund or property under
g, or through abandonment denying having his administration;
or negligence, permitting received money, 3. That such public fund or property has been
any other person to take the goods or other appropriated by law or ordinance (without
public funds/property personal property this, it is simple malversation) ; and
4. That he applies the same to a public use
QuickTime™ and a other than for which such fund or property
People v. Hipol, GR TIFF 140549,
(Uncompressed)7/22/03
decompressor
are needed to see this picture.
The fact that the obligation to deposit the collections has been appropriated by law or ordinance.
of the City Treasurer's Office is not covered by
appellant's official job description is of no legal • To distinguish this article with Art 217
consequence in a prosecution for Malversation. What (malversation), in illegal use of public funds or
is essential is that appellant had custody or control of property, the offender does not derive any
public funds by reason of the duties of his office. personal gain, the funds are merely devoted
to some other public use.
• Absence of damage is only a mitigating
circumstance.
ARTICLE 218. FAILURE OF ACCOUNTABLE
OFFICER TO RENDER ACCOUNT FAILURE
OF ACCOUNTABLE OFFICER TO RENDER
ACCOUNT Page 119 of 174
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ARTICLE 221. FAILURE TO MAKE DELIVERY


OF PUBLIC FUNDS OR PROPERTY Chapter Five – INFIDELITY OF PUBLIC
ACTS PUNISHED: OFFICERS
1. By failing to make payment by a public officer
who is under obligation to make such
payment from Government funds in his
possession
2. By refusing to make delivery by a public
officer who has been ordered by competent ARTICLE 223. CONNIVING WITH OR
authority to deliver any property in his CONSENTING TO EVASION
custody or under his administration (must be ELEMENTS:
malicious) 1. That the offender is a public officer (on
duty);
ELEMENTS: 2. That he is charged with the conveyance or
1. That the public officer has gov’t. funds or custody of a prisoner, either detention
property in his possession. prisoner or prisoner by final judgment;
2. That he is under obligation to either: 3. That such prisoner escaped from his
a. make payment from such funds, or custody; and
b. to deliver property in his custody or 4. That he was in connivance with the prisoner
administration when ordered by in the latter’s escape.
competent authority; and
3. That he maliciously fails or refuses to do • DETENTION PRISONER - A person becomes a
so. detention prisoner from the moment he is
booked. This refers to the accomplishment of
• Penalty is based on value of funds/property to be the booking sheet and made to fill a form (sic)
delivered. where he is finger printed. From that time on, he
is already a detention prisoner even if he is not
yet incarcerated.” (ApostThe ol)
• The release of a detention prisoner who could not
ARTICLE 222. OFFICERS INCLUDED IN THE
PRECEDING PROVISIONS be delivered to judicial authorities within the time
fixed by law is not infidelity in the custody of a
PERSONS LIABLE UNDER ART. 217 TO 221: prisoner. Neither is mere leniency or laxity in the
1. Private individual who, in any capacity, performance of duty constitutes of infidelity.
have charge of any national, provincial or • There is real and actual evasion of service of
municipal funds, revenue, or property. sentence when the custodian permits the
Example: a withholding tax agent prisoner to obtain a relaxation of his
2. Administrator or depositary of funds or imprisonment.
property that has been attached, seized or
deposited by public authority, even if owned
by a private individual. ARTICLE 224. EVASION THROUGH
NEGLIGENCE
• Sheriffs and receivers fall under the term
“administrator” ELEMENTS:
• Judicial administrator not covered by this 1. That the offender is a public officer;
article.(Appointed toQuickTime™
administer
and a
TIFF (Uncompressed) decompressor
estate of 2. That he is charged with the conveyance or
deceased and not in charge of property attached,
are needed to see this picture. custody of a prisoner, either detention
impounded or placed in deposit by public prisoner or prisoner by final judgment; and
authority) 3. That such prisoner escapes through his
• Private property is included if it is attached, negligence.
seized or deposited by public authority.
NOTES:
• The article punishes a definite laxity which
amounts to deliberate non-performance of
a duty.

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• The fact that the public officer recaptured NOTES:


the prisoner who had escaped from his • The document must be complete and one by
custody does not afford him complete which a right could be established or an
exculpation. obligation could be extinguished.
• The liability of an escaping prisoner: • Books, periodicals, pamphlets, etc. are not
a. if he is a prisoner by final judgment, documents.
he is liable for evasion of service • “Papers” would include checks, promissory
(art 157) notes and paper money.
b. if he is a detention prisoner, he • A post office official who retained the mail
does not incur criminal liability without forwarding the letters to their
(unless cooperating with the destination is guilty of infidelity in the custody
offender). of papers.
• The negligent public officer suffers the same • Removal of a document or paper must be for
penalty regardless of whether the prisoner is an illicit purpose. There is illicit purpose
a convict or merely a detention prisoner. when the intention of the offender is to:
a. tamper with it,
b. to profit by it, or
ARTICLE 225. ESCAPE OF PRISONER UNDER c. to commit any act constituting a breach
THE CUSTODY OF A PERSON NOT A PUBLIC of trust in the official care thereof.
OFFICER • Removal is consummated upon removal or
ELEMENTS: secreting away of the document from its usual
1. That the offender is a private person; place. It is immaterial whether or not the illicit
2. That the conveyance or custody of a purpose of the offender has been accomplished.
prisoner or person under arrest is confided • Infidelity in the custody of documents through
to him; destruction or concealment does not require
3. That the prisoner or person under arrest proof of an illicit purpose.
escapes; and • Delivering the document to the wrong party is
4. That the offender consents to the escape of infidelity in the custody thereof.
the prisoner or person under arrest, or that • The damage may either be great or small.
the escape takes place through his • The offender must be in custody of such
negligence. documents because of his official capacity.
• This article is not applicable if a private person
made the arrest and he consented to the escape
of the person he arrested. ARTICLE 227. OFFICER BREAKING SEAL

ELEMENTS:
ARTICLE 226. REMOVAL, CONCEALMENT, 1. That the offender is a public officer;
OR DESTRUCTION OF DOCUMENTS 2. That he is charged with the custody of
papers or property;
ELEMENTS OF INFIDELITY IN CUSTODY OF 3. That these papers or property are sealed by
DOCUMENTS: proper authority; and
1. That the offender be a public officer; 4. That he breaks the seals or permits them to
2. That he abstracts, destroys or conceals a be broken.
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3. That the said document or paper should have • It is the breaking of the seals and not the
been entrusted to such public officer by opening of a closed envelope which is punished.
reason of his office; and • Damage or intent to cause damage is not
4. That damage, whether serious or not, to a necessary; damage is presumed.
third party or to the public interest should
have been caused. ARTICLE 228. OPENING OF CLOSED
DOCUMENTS
ELEMENTS:
1. That the offender is a public officer;

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2. That any closed papers, documents, or ARTICLE 230. PUBLIC OFFICER REVEALING
objects are entrusted to his custody; SECRETS OF PRIVATE INDIVIDUAL.
3. That he opens or permits to be opened said
closed papers, documents or objects; and
4. That he does not have proper authority. ELEMENTS:
1. That the offender is a public officer;
Damage is not necessary. 2. That he knows of the secret of a private
individual by reason of his office; and
3. That he reveals such secrets without
Article 229. Revelation of secrets by an officer. authority or justifiable reason.
ELEMENTS OF PAR. 1 (SECRETS KNOWN BY ƒ Revelation to one person is sufficient.
REASON OF HIS OFFICIAL CAPACITY): ƒ If the offender is an attorney, he is properly
1. That the offender is a public officer; liable under Art. 209 (betrayal of trust by an
2. That he knows of a secret by reason of his attorney).
official capacity; ƒ Damage to private individual is not
3. That he reveals such secret without authority necessary.
or justifiable reasons; and
4. That damage, great or small, be caused to
the public interest.
Chapter Six - OTHER OFFENSES OR
ƒ Secret must affect public interest. IRREGULARITIES BY PUBLIC OFFICERS
ƒ Secrets of a private individual is not included.
ƒ Espionage for the benefit of another State is
not contemplated by the article. If regarding ARTICLE 231. OPEN DISOBEDIENCE.
military secrets or secrets affecting state
security, the crime may be espionage. ELEMENTS:
1. That the offender is a judicial or executive
ELEMENTS OF PAR. 2 (WRONGFULLY officer;
DELIVERING PAPERS OR COPIES OF PAPERS 2. That there is a judgment, decision or order
OF WHICH HE MAY HAVE CHARGE AND WHICH of superior authority;
SHOULD NOT BE PUBLISHED): 3. That such judgment, decision or order was
1. That the offender is a public officer; made within the scope of the jurisdiction of
2. That he has charge of papers; the superior authority and issued with all the
3. That those papers should not be published; legal formalities; and
4. That he delivers those papers or copies 4. That the offender without any legal
thereof to a third person; justification openly refuses to execute the
5. That the delivery is wrongful; and said judgment, decision or under which he is
6. That damage be caused to public interest. duty bound to obey.
ƒ CHARGE means custody or control. If he ƒ Judgment should have been rendered in a
is merely entrusted with the papers and not hearing and issued within proper jurisdiction
with the custody thereof, he is not liable and with all required legal solemnities.
under this article.
ƒ If the papers contain secrets which should
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having charge thereof removes and delivers SUPERIOR OFFICER; WHEN SAID ORDER WAS
them wrongfully to a third person, the crime SUSPENDED BY INFERIOR OFFICER.
is revelation of secrets. On the other hand, if
the papers do not contain secrets, their ELEMENTS:
removal for an illicit purpose is infidelity in 1. That the offender is a public officer;
the custody of documents. 2. That an order is issued by his superior for
ƒ Damage is essential to the act committed. execution;
3. That he has for any reason suspended the
execution of such order;

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4. That his superior disapproves the 3. That he maltreats such prisoner in either of
suspension of the execution of the order; and the following manners:
5. That the offender disobeys his superior a. by overdoing himself in the correction or
despite the disapproval of the suspension. handling of a prisoner or detention
prisoner under his charge either –
ƒ A public officer is not liable if the order of the i. by the imposition of punishments
superior is illegal. not authorized by the regulations,
or
ii. by inflicting such punishments
ARTICLE 233. REFUSAL OF ASSISTANCE. (those authorized) in a cruel and
humiliating manner, or
ELEMENTS: b. by maltreating such prisoner to extort a
1. That the offender is a public officer; confession or to obtain some
2. That a competent authority demands from information from the prisoner.
the offender that he lend his cooperation
towards the administration of justice or other The public officer must have actual charge of the
public service; and prisoner in order to be held liable (not merely by
3. That the offender fails to do so maliciously. legal fiction)
1. Offended party: Convict by final judgment or
ƒ This felony involves a request from one detention prisoner
public officer to another. ƒ To be considered a detention prisoner,
ƒ Damage to the public interest or third party is the person arrested must be placed in jail
essential. even for just a short time.
ƒ Demand is necessary. ƒ Maltreatment not due to personal grudge.
ƒ Demand must be from competent authority
2. Offender may also be held liable for
physical injuries or damage caused.
ARTICLE 234. REFUSAL TO DISCHARGE (Penalty provided in Article 235 is imposed in
ELECTIVE OFFICE. addition to penalty for injury or damage
caused)
ELEMENTS:
1. That the offender is elected by popular
election to a public office; ARTICLE 236. ANTICIPATION OF DUTIES OF A
2. That he refuses to be sworn in or PUBLIC OFFICE.
discharge the duties of said office;
3. That there is no legal motive for such
refusal to be sworn in or to discharge the ELEMENTS:
duties of said office. 1. That the offender is entitled to hold a public
office or employment, either by election or
ƒ If the elected person is disqualified, his appointment;
refusal to be sworn in or to discharge the 2. That the law requires that he should first be
duties of the office is justified. sworn in and/or should first give a bond;
ƒ Refusal to discharge the duties of an 3. That he assumes the performance of the
appointive office is not covered by this duties and powers of such office; and
article. 4. That he has not taken his oath of office
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ARTICLE 235. MALTREATMENT OF PRISONERS.
ARTICLE 237. PROLONGING PERFORMANCE OF
ELEMENTS: DUTIES AND POWERS.
1. That the offender is a public officer or
employee;
2. That he has charge of a prisoner or ELEMENTS:
detention prisoner (otherwise the crime is
physical injuries); and 1. That the offender is holding a public office;

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2. That the period provided by law, regulations


or special provisions for holding such office
has already expired; and
3. That he continues to exercise the duties
and powers of such office.

The article contemplates officers who have been


suspended, separated, declared over-aged
or dismissed

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