Public Officers 1.

Taking part in the performance of public functions in the Government, or performing in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class; and 2. That his authority to take part in the performance of public functions or to perform public duties must be: b. by direct provision of the law, or c. by popular election d. by appointment by competent authority Malfeasance and Misfeasance Misfeasance improper performance of some act which might lawfully be done Malfeasance performance of an act which ought NOT to be done Nonfeasance omission of some act which ought to be performed Briber y Prevaricacion (Art. 208) Distinguished from Bribery: 1. Both are committed by refraining doing something which pertains to the official duty of the officer 2. In bribery, the offender refrained from doing his official duty in consideration of a gift received or

promised; while in crime of this element is NOT necessary

Direct Bribery agreement offender agrees to perform or performs an act or refrains from doing something, because of the agreement Mere consummates

prevaricacion

Direct Bribery Distinguished from Indirect Bribery

Indirect Bribery it is NOT necessary that the officer should do any particular act or even promise to do any Acceptance consummates crime

Crimes Committed when Act Constitutes a Crime and was Accomplished direct bribery, in addition to crime brought about by act There can be attempted corruption if public officer refused to be corrupted Qualified Bribery Penalty must be RP or death or RP to death; if not, crime is dereliction of duties Frauds and Illegal Exactions and Transactions Illegal Exaction If illegal amount is receipted: additional offense of malversation Not applicable to BIR and customs officers Malversation of Public Funds or Property To be guilty, public officer must have: 1. Official custody of public funds or property or the duty to collect or receive funds due the government, and 2. Obligation to account for them to the government * accountable officer otherwise, crime is estafa Presumption of Malversation Rule: when demand is made to account for funds and the same is not forthcoming Provided: no issue as to accuracy, correctness and regularity of audit findings and the fact that funds are missing is indubitably established Infidelity of Public Officers Revelation Distinguished from Infidelity: 1. Papers contain Secrets revelation 2. Papers do not contain Secrets Infidelity Infidelity in Custody of Document distinguished from Malversation and Falsification Malversation and Falsification when postmaster received money orders, signed as payee, collected and appropriated the respective amounts Infidelity in Custody of Papers when postmaster receives letters/envelopes containing money orders, and MO are not sent to addressees, the postmaster cashing the same for his own benefit

Rose Raycos 2006 Bar Memor TITLE VIII: CRIMES AGAINST PERSONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Parricide Murder Homicide Death Caused in a Tumultous Affray Physical Injuries Inflicted in a Tumultous Affray Giving Assistance to Suicide Discharge of Firearms Infanticide Intentional Abortion Unintentional Abortion Abortion practiced by Woman Herself or her Parent s Abortion Practiced by Physician or Midwife and Dispensing of Abortives Duel Challenging to a Duel Mutilation Serious Physical Injuries Administering Injurious Substances or Beverages Less Serious Physical Injuries Slight Physical Injuries and Maltreatment Rape
246 Parricide That a person is killed That the deceased is killed by the accused That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendent, or the legitimate spouse, of the accused 247 Death or Physical Injuries Inflicted Under Exceptional Circumstances That a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another person That he or she kills any or both, of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter That he has not promoted/facilitated prostitution of his wife or daughter, or that he or she had not consented to the infidelity of the other spouse

4.

5. 6.

1. 2. 3.

1. 2. 3. 4.

1. 2.

1.

3. 4.

or any other means involving great waste and ruin On occasion of any of the calamities enumerated in the preceding paragraph, or earthquake, volcanic eruption, destructive cyclone, great waste and ruin Evident premeditation Cruelty or outraging/scoffing at person or corpse 249 Homicide That a person is killed Killing without justifying circumstances Accused had intention to kill, which is presumed Killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide 251 Death Caused in Tumultuous Affray That there be several persons Do not compose groups organized for assaulting and attacking each other reciprocally Several persons quarreled and assaulted one another in a confused and tumultuous manner That someone was killed in the

2.

3.

Parricide is not punished with RP to Death: 1. Parricide committed thru negligence (Article 365) 2. Committed by mistake (Article 249) 3. Committed under exceptional circumstances 248 Murder 1. That a person was killed 2. That the accused killed him 3. That the killing was attended by any of the qualifying circumstances mentioned in Article 248 4. The killing is not parricide or infanticide

Murder unlawful killing of any person which is NOT parricide or infanticide, provided ff circumstances are present: 1. Treachery, taking advantage of superior strength, Aid of armed men, or Means to weaken defense, or means/persons to insure/afford impunity 2. In consideration of a price, reward or promise 3. Inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a railroad, fall of airship, motor vehicles,

Rose Raycos 2006 Bar Memor

Parents c.

any of her parents, with her consent, for the purpose of concealing her dishonor 259 Abortion Practiced by a Physician or Midwife and Dispensing of Abortives Elements for Physician or Midwife 1. Pregnant woman who has suffered an abortion 2. That the abortion is intended 3. That the offender, who must be a physician or midwife, causes, or assists in causing, the abortion 4. That said physician or midwife takes advantage of his or her scientific knowledge or skill Elements for Pharmacists: 1. That the offender is a pharmacist 2. No proper prescription from a physician 3. That the offender dispenses any abortive 260 Duel Acts Punishable in Duel: 1. By killing ones adversary in duel 2. By inflicting upon such adversary physical injuries 3. By making a combat although no physical injuries have been inflicted 261 Challenging to Duel Acts Punished under this Article: 1. Challenging another to a duel 2. Inciting another to give or accept challenge to duel 3. By scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel 262 Mutilation 1. Intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction a. Castration (mutilation of organs necessary for generation such as a penis or ovarium) b. Mutilation caused purposely or deliberately, that is, to deprive the offended party of some essential organ for reproduction 2. Intentionally making other mutilation (by lopping or clipping off any part of the body of the offended party, other than essential organ for reproduction) to deprive him of that part of his body. 263 Serious Physical Injuries Serious Physical Injuries: 1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted. 2. When the injured person (a) loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg, or (b) loses the use of any such member, or (c) becomes incapacitated for the work in which we were theretofore habitually engaged, in consequence of the physical injuries inflicted. 3. When the person injured (a) becomes deformed, or (b) loses any other member of his body, or (c) loses the use thereof, or (d) becomes ill or incapacitated for the 265 Less Serious Physical Injuries Other than less serious physical injuries and Incapacitated for labor for 10 days or more, or shall require medical attendance for the same period

1. 2.

Qualified Less Serious Physical Injuries 1. Paragraph 2: a. manifest intent to insult or offend victim b. circumstances adding ignominy to offense 2. Paragraph 3: a. the offenders parents, ascendants, guardians, curators or teachers b. persons of rank or persons in authority, provided the crime is not direct assault 266 Slight Physical Injuries and Maltreatment Kinds of Slight Physical Injuries: 1. Physical injuries which incapacitated the offended party for labor from 1 to 9 days, or required medical attendance during the same period

4.

1. 2.

3.

performance of the work in which he was habitually engaged for more than 90 days, in consequence of the physical injuries inflicted. When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days), as a result of the physical injuries inflicted. 264 Administering Injurious Substances or Beverages That the offender inflicted upon another any serious physical injury That it was done by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mine or credulity That he had no intent to kill

Serious Less Serious Slight Insanity, imbecility, impotence, blindness

Abortion Loss of speech, Infanticide

8.

Committed by any member of AFP or paramilitary units thereof or the PNP or any law enforcement agency or penal institution, when offender took advantage of position to facilitate the commission of the crime 9. By reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability 10. Offender knew of the pregnancy of the offended party at the time of the commission of the crime 11. Offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime 266-C Effect of Pardon 1. Subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed. 2. In case it is the legal husband who

mother foot, arm, leg Victim is already a person Incapacitated for Umbilical cord not yet cut; or work for which Umbilical cord is already cut habitually engaged and infant is still alive Rose Raycos 2006 Bar Memor Intra-uterine life of less than 7 mos. and is killed within 24 hours Deformation Tumultuous Affray the disturbance is caused Intra-uterine life of less than 7 Lost any other part mos. and killed after 24 hourswho are armed or are by more than three persons of body or use Killingwith by woman to conceal dishonor is extenuating provided means of violence thereof Illness or incapacity Persons Liable for Death in Tumultuous for work habitually Affray: engaged for period 1. Person(s) who inflicted the serious physical of more than 90 days

injuries 2. If it is not known who inflicted the serious physical Injuries caused injuries on the deceased, all the persons who illness or incapacity used for labor for more violence uponthan the person of the 30 days not victim are liable, but more than 90 Incapacitated for with lesser liability Infanticid e
labor for 10 days or more but not more than 30 days Incapacitated for labor from 1 to nine Infanticide killing ofor anymedical child less than three days days of age, whether the for killer is the parent or attendance same grandparent, anyperiod other relative of the child, or a

stranger

Do not prevent him from engaging in habitual work nor require medical

Parricide, Murder, Homicide Parricide Legitimate relationship except parent and child Direct line only except spouse Blood except for spouse
Parrici de Based on relationship Relatives enumerated Conspiracy cannot be applied Separate informations Conceal dishonor not mitigating Infantici de Strangers or relatives * parricide yields to infanticide applicable Conspiracy Single information Conceal dishonor mitigating

Murder Use of Fire Duel Duel formal or regular combat previouslyconcerted between two parties in the presence of two or more seconds of lawful age on each side,who makes the selection of arms and fix all other conditions of the fight Persons Liable in Duel: 1. Person who killed or inflicted physical injuriesupon his adversary, or both combatants in any other case, as principles 2. Seconds, as accomplices Physical Injuries
Separate crimes of Homicide Murder To conceal killing As a means to kill

Arson aggravated by Homicide Homicide

Burn a house but there was a person who Resorted towas as killed a joke (Ppl v. Pugay)

Homicide Homicide unlawful killing of any person, which is neither parricide, murder nor infanticide Accidental Homicide death of a person brought about by a lawful act performed with proper care and skill, and without homicidal intent Corpus Delicti actual commission of the crime charged; means that the crime was actually perpetrated, and does not refer to the body of the murdered person Death or Physical Injuries in Tumultuous Affray

Rose Raycos 2006 Bar Memor

attendance Ill-treatment by deed without injury

Physical Injuries Distinguished from Attempted Frustrated Homicide: a. In both, the offender inflicts physical injuries, however homicide may be committed, even if no physical injuries are inflicted b. There is no intent to kill in physical injuries Mutilation

or

Ordinary Physical Injuries Distinguished from Mutilation: 1. Mutilation must have been caused purposely and deliberately 2. Physical Injuries this intention is not present

TITLE IX: CRIMES AGAINST PERSONAL LIBERTY

AND

SECURITY 1. 2. 3. 4. 5. 6. 7. 8. Kidnapping and Serious Illegal Detention Slight Illegal Detention Unlawful Arrest Kidnapping and Failure to Return a Minor Inducing a Minor to Abandon his Home Slavery Exploitation of Child Labor Services Rendered in Compulsion of Payment of Debt 9. Abandonment of Persons in Danger and Ones Own Victim 10. Abandoning a Minor 11. Exploitation of Minors 12. Qualified Trespass to Dwelling 13. Other Forms of Trespass 14. Grave Threats, Light Threats, Other Light Threats 15. Grave Coercions, Light Coercions 16. Discovery and Revelation of Secrets
Crime 26 7 Kidnappi ng and Serious Illeg al Detenti on Elemen ts individual 1. Offender is a private 2. Kidnaps or detains another, or in any other manner deprives the latter of his liberty 3. Act of detention or kidnapping must be illegal 4. Any of the following circumstances are present: a. Lasts for more than 3 days or; b. Committed simulating public authority or; c. Any serious physical injuries are inflicted upon the 1. Offender is a person privatekidnapped individual or 2. Kidnaps or detains another, or in any other manner deprives him of his liberty 3. Act of kidnapping or detention is illegal 4. Crime is committed without the attendance of of the arrests circumstances enumerated 1. any Offender or detains another in person 2. Purpose: to deliver him to the proper authorities 3. Arrest or detention isentrusted not authorized by 1. That the offender is with the custody of a minor person (below 21 years of age) 2. That he deliberately fails to restore saidin the home of his 1. That a minor the is living parents or guardian or person entrusted with his custody 2. Offender induces said minor to leave 1. Purchases, sells, kidnaps or detains a human being. 2. Purpose: enslave such human being 1. That the offender retains a minor in his service 2. That it is against the will of the minor 3. That it is under the pretext of reimbursing himself of a debt incurred by an 1. ascendant, That the offender compels a debtor to work for him, either as household servant or farm

26 8 Sligh t Illeg al Detenti on 26 9 Unlawf ul Arre st 27 0 Kidnappin g and Failure 27 1 Inducing a Minor to 27 2 Slaver y 27 3 Exploitati on of Child Labo 27 4 Servic es

Under Compulsion in Payment 2. That it is against the debtors will 3. That the purpose is to require or enforce the payment of a debt 275 Abandonme nt of Persons in Danger and Abandonme nt of Ones Own Victim Acts Punishable: 1. Failing to render assistance to any person whom offender finds in an uninhabited place wounded or in danger of dying when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense 2. Failing to help or render assistance to another whom the offender has accidentally wounded or injured 3. Failing to deliver a child, under 7 whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place 276 Abandon

Rose Raycos 2006 Bar Memor

Exception: parents, guardians, or persons entrusted with the custody of minors (papers or letters of the children or minors), or to spouses with respect to the 1. Offender is a manager, employee or servant 2. Learns of the secrets of his principal or master in such capacity is person in charge, 1. Offender employee or workman of a manufacturing or industrial establishment 2. Manufacturing or industrial establishment has a secret of the industry which the offender has

29 1 Reveali ng Secrets with 29 2 Revelati on of Industrial Secre ts

Illegal Detention Special Complex Crimes * Effectively eliminated distinction drawn by courts between those cases where the killing, rape or physical injuries was purposely sought by the accused, and those where the same was not deliberately resorted to but was merely an afterthoug ht
Kind s homicide Kidnapping with Not separate crimes in Kidnapping with rape Kidnapping with physical injuries * this rule applicable only if kidnap victim was killed, raped or tortured * if 3rd person killed, raped or tortured, there will be 2 separate offenses * intent is determinative of the special complex crime if intent from the very beginning is to kill, rape or torture crime is not Kidnapping with Rape Forcible Abduction with Rape Composite if woman Complex under art. 48 kidnapped is also raped no lewd At the outset, At the outset, lewd design design Rape is qualifying Rape is also a crime circumstance Only 1 kidnapping with Only one rape complexed, rape, all even if multiple other rapes are separate rapes crimes If merely attempted If merely attempted rape, rape: 2 only separate crimes: one crime: Forcible Kidnapping Abduction Kidnapping Grave Coercion Intent to Mere curtailment of deprive freedom of liberty/restrain movement

Unlawful arrest distinguished from other illegal detention: if the purpose of locking up or detaining is to deliver to authorities, the crime is unlawful arrest; otherwise, it is other illegal detention Distinguishing Article 267 and Article 270: 1. Article 267 offender is not entrusted with custody 2. Article 270 offender is entrusted with

custody of minor Slavery and Kidnapping/Illegal Detention Distinguishe d: a. Slavery purpose is to enslave victim

2. 3.

1. 2. 3. 4.

1.

By making threat without attaining his purpose By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition a. Offender threatens another with the infliction upon the latters person, honor, or property, or upon the latters family, of any wrong b. Wrong amounts to a crime c. Threat is not subject to a condition 283 Light Threats Offender makes a threat to commit a crime Wrong does not constitute a crime Demand for money or that other condition is imposed, even though not lawful Offender has attained or not attained his purpose 285 Other Light Threats Threatening another with a weapon, or by drawing such weapon in

Trespass

to

b.

Inhabited Trespass to Property Uninhabited, clear or manifest prohibition Theft Purpose: fish, harvest, gather Vagrancy If property not fenced, no prohibition to enter Kidnapping or Illegal Detention any Unjust vexation or light purpose coercion other

Rose Raycos 2006 Bar Memor

Trespass to Dwelling Dwelling Place any building or structure exclusively devoted for rest and comfort

Robbery Threat Coercion

Intimidation immediate but conditional coupled with demand for money or any Future and conditional Direct, immediate and personal or serious enough; no intent to gain

TITLE X: CRIMES AGAINST PROPERTY 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Robbery with Violence Against or Intimidation of Person s Robbery by the Use of Force upon Things Brigandage Theft Usurpation Culpable Insolvency Swindling and Other Deceits Chattel Mortgage Arson and Other Crimes Involving Destruction Malicious Mischief
Crime 29 3 Who are Guilty of Robber y Elemen

29 4 Robber y wit h Violenc e Against or Intimidati on of Persons

ts Classification: 1. Robbery with violence against, or intimidation of persons (RVAIP) 2. Robbery with the use of force upon things (RFUT) a. Robbery in Inhabited House, in the course of the robbery 263 was inflicted Public 2. Inflicted upon any non-robber Building or Edifice devoted to Public RVAIP under Paragraph 5 of Art. 294: called Simple Robbery, because the violence does not result i Worship b. Robbery in Threats Uninhabited or Money Distinguished from to House Extort in a RVAIP: Private Building 1. Both, there is intimidation by offender 2. in General: Both, purpose is identical: to obtain gain Elements of Robbery 3. belonging In robbery, intimidation is actual and 1. Personal property to another Acts Punished: immediate; In threats, intimidation is 1. By reason or on occasion of robbery, conditional or future homicide In robbery, intimidation is personal; In threats, is committed, or 4. is accompanied by it may be done thru an intermediary rape or 5. or In arson robbery, intimidation is directed only to intentional mutilation 2. By reason or on occasion of In such victim; threats, intimidation may refer to robbery, any person, honor or property of offended party or of the serious physical injuries, that of his family 1 is 6. In robbery, gain of culprit is immediate; in committed threats, gain is not immediate 3. By reason or on occasion of such robbery, any RVAIP Distinguished from Grave Coercion: of serious physical injuries, 2 is 1. Both, there is violenc committed 4. If violence or intimidation employed in the robbery is carried to a degree clearly unnecessary or in the course of its execution, offender shall have inflicted upon any person not responsible for the robbery any of the physical injuries in serious physical injuries, 3 and 4. 5. If violence employed does not cause any of the serious physical injuries defined in Art. 263, or if the offender employs intimidation only Distinctions Between Effects of Employment of VAIAP and those of use FUT: 1. Whenever violence against or intimidation of any person is used, the taking is always

Rose Raycos 2006 Bar Memor

3. Compulsion is violence or intimidation 29 9 Robbery in Inhabit ed House or Publi c Building or Edific e Devoted to Worshi p by means of

RFUT Subdivision (a): 1. Offender entered (a) inhabited house, (b) public building, (c) edifice devoted to religious worship 2. Entrance was effected by any of the ff means: a. Opening not intended for entrance/egress, or b. Breaking any wall, roof, or floor or breaking any door or window, or c. Using false keys, picklocks, similar tools, or d. Using fictitious name or pretending the exercise of public authority 3. Once inside building, the offender took personal property belonging to another with intent to gain RFUT Subdivision (b): 1. Offender is inside dwelling house, public building, or edifice devoted to religious worship, between regardless of the of Distinction 2 Classes Robbery as to their Being Qualified: 1. RFUT to be qualified, must be committed in an uninhabited place AND by a band 2. RVAIP to be qualified, must be ship or Inhabited House any shelter, vessel constituting the dwelling or one or more persons even though the inhabitants thereof are temporarily absent there from when the robbery is committed Dependencies are all interior courts, corrals, warehouses, granaries or enclosed places contiguous to the building or edifice, having an interior entrance connected therewith, and which form part of the whole Not Included as Dependencies orchards or other 1. Offender entered an uninhabited house or building which was not dwelling house, public building, nor edifice devoted to religious worship 2. Any of the following circumstances was present: a. Entrance was effected thru an opening not intended for entrance or egress b. Wall, roof, outside door/window was broken c. Entrance was effected thru the

3.

30 0 Robbery in Uninhabit ed Place 30and 1 Definitio ns

That with intent to gain, the offender took there from personal property belonging to another 303 Robbery of Cereals, Fruits or Firewood Cases enumerated in Article 299 to 302 304 Possession of Picklocks or Similar Tools 1. That the offender has in his possession picklocks or similar tools 2. That such picklocks or similar tools are specially adopted to the commission of robbery 3. No lawful cause for such possession 305 False Keys 1. Tools mentioned in the next preceding article 2. Genuine keys stolen from the owner 3. Any keys other than those intended by the owner for use in the lock forcibly opened by the offender 306 Who are Brigands Penalty Brigandage crime committed by 4 or more

30 2 Robbery in a n Uninhabit ed Place or in a Priva te Buildin g

1. Taking of personal property 2. Property belongs to another 3. Taking be done with intent to gain (animus lucrandi) 4. Taking be done without the consent of the owner 5. Taking accomplished without violence against or intimidation of persons or force upon things Stages of the Crime: 1. Theft is consummated a. when offender is able to place thing taken under his control and in such a situation where he could dispose it at once; or b. when offender had full possession of thing, even if he did not have opportunity to dispose the same 2. Conflicting Rulings a. People vs. Dino frustrated theft when truck loaded with stolen boxes of rifles was discovered at checkpoint b. People vs. Espiritu consummated Theft is Qualified theft if: 1. Theft is committed by domestic servant 2. Theft is committed with grave abuse of confidence 3. Property stolen is a (a) motor vehicle, (b) mail matter, or (c) large cattle (*note Cattle Rustling) 4. Property stolen consists of coconuts taken from the premises of a plantation 5. Property stolen is fish taken from 1. fishpond/fishery Crime of robbery or theft has been committed 2. Accused, who is not a principal or accomplice in the commission of the crime of robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner deals in any article, item, object or anything of value, which has been derived from the proceeds of Theft of Property of National Library and National Museum Acts Punishable: 1. By taking possession of any real property belonging to another by means of violence against or intimidation of persons 2. By usurping any real rights in property belonging to another by means of violence against or intimidation of persons

31 0 Qualifie d Thef t

property or usurps any real rights in property That the real property or real rights belong to another 3. That violence against or intimidation of persons is used by the offender in occupying real property or usurping real rights in property 4. That there is intent to gain 313 Altering Boundaries or Landmarks 314 Fraudulent Insolvency 1. That the offender is a debtor, that is, he has obligations due and payable 2. That he absconds with his property 3. That there be prejudice to his creditors 2. Distinguished from Insolvency Law: a. Insolvency Law requires application that the criminal act should have been committed after institution of criminal proceedings b. Article 314 there is no such requirement, and it is not necessary that defendant should have been adjudged

PD 1612 Anti Fencing Law

31 1 31 2 Occupati on of Real Property or Usurpati on

Rose Raycos 2006 Bar Memor

fraudulent means must be made or executed prior to or simultaneously with commission of the fraud c. Offended party must have relied on the false pretense, fraudulent act, or fraudulent means, (induced to part with his money or property) d. Damage executed prior to or simultaneously with the commission of the fraud: 1. By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits. 2. By altering the quality, fineness or weight of anything pertaining to his art or business. 3. By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. In this case, the offender shall be punished by the maximum period of the penalty. 4. By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. a. The offender postdated a check, or issued a check in payment of an obligation b. Such postdating or issuing a check was done when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check 5. Fifth Paragraph a. Obtaining any food, refreshment or accommodation at a hotel, inn, Other Forms of Swindling: 1. Any person who, pretending to be owner of any real property, shall convey, sell, -

Swindling or mortgage the same. a. Thing be immovable b. Offender who is not owner of said property should represent that he is the owner thereof c. Offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging the real property) d. To the prejudice of the owner or a 3rd person 2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded. a. Thing disposed of be real property b. Offender knew that real property was encumbered, whether recorded or not c. Express representation by the offender that the real party is free from encumbrance d. Damage 3. Owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person. a. Offender is the owner of personal property b. Property is in lawfu

31 6 Other Forms

320326B 32 7 Who Are Liable for Maliciou s Mischi 32 8 Speci al Cases of Maliciou s Mischi ef (Qualifie d 32 9 33 0 Damage and Obstructi on to Means 33 1 Destroyin g/ Damagi ng Statu es, 33 2 Perso ns Exem pt fro m Crimin al Liabilit y

without the consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of 1613 Amending the Law on Repealed by PD ArsonOffender deliberately caused damage 1. to the property of another 2. Such act does not constitute arson or other crimes involving destruction 3. The act of damaging anothers property be committed for theMischief: sake of Special Cases merely of Malicious 1. Causing damage to obstruct the performance of public functions 2. Using any poisonous or corrosive substance 3. Spreading any infection or contagion among cattle 4. Causing damage to the property of the National Museum or National Library, or Other Mischiefs Penalties range according to value of damage Electric wires, traction cables, signal system, and other things pertaining to railways, shall be deemed to constitute an integral part of a railway system 1. Destroy or damage statues or any other useful or ornamental public monuments 2. Destroy or damage any useful or ornamental painting of a public nature Exemptions: 1. Spouses, ascendants and descendants, or relatives by affinity in the same line 2. Widowed spouse with respect to property which belonged to the deceased spouse before the same shall have passed into the possession of another a. Property belongs to deceased spouse b. Not passed into the possession of a 3rd

Rose Raycos 2006 Bar Memor TITLE XI: CRIMES AGAINST CHASTITY 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Adultery Concubinage Acts of Lasciviousness Qualified Seduction Simple Seduction Acts of Lasciviousness with Consent Corruption of Minors White Slave Trade Forcible Abduction Consented Abduction
Crime 33 3 Who are Guilty of Adulter 33 4 Concub inag e ts Woman is married Sexual intercourse with a man her husband 3. That as regards the man with whom she has sexual intercourse, he must know her Ways of Committing Crime: 1. By keeping a mistress in the conjugal dwelling; or 2. By having sexual intercourse, under scandalous circumstances, with a woman not his wife; or 3. By cohabiting with her in any other place 1. 2. not Elements: 1. That the man must be married Elements: 1. Any act of lasciviousness or lewdness 2. Against a person of either sex 3. Done under any of the following circumstances: a. By using force or intimidation b. When offended party is deprived of reason or otherwise unconscious c. By means of fraudulent machination or Two Classes: grave abuse of authority 1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as, a person in authority, priest, teacher, etc. a. Offended party is a virgin, which is presumed if she is unmarried and of good reputation b. Over 12 and under 18 years of age c. Offender has sexual intercourse with her d. Abuse of authority, confidence or relationship on the part of the offender 2. Seduction of a sister by her brother, or descendant by ascendant, regardless of her age or reputation Offenders in qualified seduction: a. Those who abused authority: their Elemen

1. 2. 3. 4.

33 6 Acts of Lasciviou sn es s

1. 2.

3.

1. 2. 3.

33 7 Qualifie d Seducti on

338 Simple Seduction Offended party is over 12 and under 18 years of age Of good reputation, single or widow Offender has sexual intercourse with her Committed by means of deceit 339 Acts of Lasciviousn ess with Consent of Offended Party Offender commits acts of lasciviousness Committed upon a woman who is a virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age Offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit 340 Corruption of Minors Offender is person under age Person promotes or facilitates prostitution or corruption of person under age Purpose is to satisfy lust of another 341 W

TITLE XII: CRIMES AGAINST THE CIVIL STATUS PERSON

S Crime 34 7 Simulati on of Births Elemen ts Acts Punished: 1. Simulation of births 2. Substitution of one child for another 3. Concealing or abandoning any legitimate child with intent to cause such child to lose its civil status a. Child must be legitimate (and a fully developed and living being) Usurpation b. Offender of conceals Civil Status: or abandons when such a person represents himself to be another and assumes filiation or parental or conjugal rights of such another person 1. That the offender has been legally married 2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the CC 3. That he contracts a second or subsequent marriage 4. That the second or subsequent marriage has all the essential requisites for validity Differentiate Concubinage from Bigamy: 1. Bigamy is an offense against the civil status which may be prosecuted at the instance of the Concubinage is a crime against 1. State; That the offender contracted marriage 2. That he knew at the time that: a. requirements of law not complied with; or b. the marriage was in disregard of a legal Persons impedime Liable: 1. A widow who married within 301 days from the date of the death of her husband, or before having delivered if she is pregnant at the time of his death 2. A woman, who, her marriage having been OF

34 8 Usurpati on of Civil Stat us 34 9 Bigam y

35 0 Marria ge Contract ed Again 35 1 Prematu re Marriag es

Rose Raycos 2006 Bar Memor

35 2 Performa nce of Illegal Persons Liable: Priests or ministers of any religious denomination or sect, or civil authorities

TITLE XIII: CRIMES AGAINST HONOR

Crime 353355 Libel by Means of Writing or Simila r Mean s Elemen ts Imputation of crime, vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance 2. Imputation must be made publicly 3. Malicious 4. Natural or juridical person, or one who is dead 5. Imputation must tend to cause the dishonor, discredit or contempt of the person defamed. 1.

35 4 Requirem en t for Publicit y

Defamatory Imputation: Prohibiting imputation may cover: 1. Crime allegedly committed by the Publication offended of Acts party Referred to 2. Vice or defect, real or imaginary, of in the offended Course of party Official 3. Any act, omission, condition, status Proceedings of, or manager of a newspaper daily or magazine circumstances relating to the offended 2. That he publishes facts connected with the party private life of another Libel public and malicious imputation of a 3. That such facts are offensive to the honor, crime, or of a vice or defect, real person or virtue, and reputation of said imaginary, or any act, omission, condition, 358 status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural Slander Malice is Not Presumed in the Following: Slander oral defamation 1. Private communication made by person Two to Kinds: another performance 1. in Simple Slander of any legal, moral or 2. Grave Slander social duty 359 a. Person who made communication Slander by had a Deed legal, moral or social duty to 1. That the offender performs any act not included make communication, or, at least, honor he in any other crime against had That an such act is performed in the presence of 2. interest to be upheld other person or persons b. 3.The That communication addressed such act is casts dishonor, discredit or to an contempt upon the offended party officer or a board, or superior, having Slander by Deed crime against honor which is committed by performing any act which casts dishonor, discre some interest or duty in the matter c. The statements in the Kinds of communication are made in good faith without malice (in fact) 2. Fair and True Report a. That it is a fair and true report, made in good be faith, without any writing, Libel May Committed: printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means Acts Punished: 1. By threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family 2. By offering to prevent the publication of such 1. That the offender is a reporter, editor or

35 5 Libel By Means of Writings 35 6 Threateni ng to Publish and Offer to 35 7

Rose Raycos 2006 Bar Memory

36 3 Incriminat in g Innocent 36 4 Intrigui ng Again st 1. That the offender performs an act 2. That by such act he directly incriminates or imputes to an innocent person the commission of a crime Intriguing against honor is committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation