Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 1 of 41 TITLE I: CRIMES AGAINST NATIONAL SECURITY

AND THE LAW OF NATIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. Treason Conspiracy and Proposal to Commit Treason Misprision of Treason Espionage Inciting to War and Giving Motives for Reprisal Violation of Neutrality Correspondence with Hostile Country Flight to Enemy Country Piracy and Mutiny
118 Inciting to War/Giving Motives 119 Violation of Neutrality 120 Correspondence with Hostile Country 1. Offender performs unlawful or unauthorized acts 2. Such acts provoke or give occasion for a war involving or liable to involve RP or expose Filipino citizens to reprisals on their persons or property 1. War which the Philippines is not involved 2. There is a regulation issued by competent authority for the purpose of enforcing neutrality 3. Offender violates such regulation 1. Time of war in which the Philippines is involved 2. Offender makes correspondence with enemy country or territory occupied by enemy troops 3. The correspondence is either a. Prohibited by the government b. Carried in ciphers or conventional signs c. Containing notice or information which might be useful to the enemy 1. There is a war which the Philippines is involved 2. Offender must be owing allegiance to government 3. Offender attempts to flee or go to enemy country 4. Going to enemy country is prohibited by competent authority 1. Vessel is on the high seas or in RP waters 2. Offenders are not members of complement or passengers of the vessel 3. Offenders either a. attack or seize the vessel b. seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers Qualifying Circumstances: 1. Seized vessel by boarding/firing upon the same; or 2. Pirates have abandoned their victims without means of saving themselves; or 3. Crime is accompanied by murder, homicide, physical injuries or rape

GR: committed in times of war Except: espionage, inciting to war or giving motives for reprisal, violation of neutrality, piracy and mutiny Elements
Crime 114 Treason 1. Elements Offender is Filipino citizen or alien residing in RP 2. There is war in which the Philippines is involved 3. Offender either: a. levies war against the government i. that there be actual assembling of men, ii. for the purpose of executing a treasonable design by force b. or adheres to enemies, giving aid or comfort Conspiracy to Commit Treason Proposal to Commit Treason

121 Flight to Enemys Country

122 Piracy in General and Mutiny on the High Seas or in Philippine Waters 123 Qualified Piracy

115 Conspiracy and Proposal to Commit Treason 116 Misprision of Treason

1. 2. 3.

117 Espionage

1.

2.

Offender must be owing allegiance to the government and not a foreigner He has knowledge of any conspiracy to commit treason against the government He conceals/does not disclose and make known the same as soon as possible to governor/fiscal of province or mayor/fiscal of city in which he resides By entering, without authority therefore, a warship, fort or naval or military establishment or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines a. Offender enters any of the places mentioned b. He has no authority therefore c. His purpose is to obtain info, plans, etc. of a confidential nature relative to defense of RP By disclosing to representative of a foreign nation the contents of the articles, data, or information referred to in Par. No. 1 which he had in his possession by reason of the public office he holds a. Offender is a public officer b. He has in his possession the articles, etc. by reason of the public office he holds c. He discloses their contents to a representative of a foreign nation

Anti-Piracy and Anti-Highway Robbery (PD 532)

PD 532 Committed by any person, including a passenger or member Philippine waters 4 ACCOMPLICE: (a) Knowingly or in any manner aids or protects, or acquires or receives property taken or in any matter derives any benefit (b) Directly or indirectly abets commission Art. 122 Committed by strangers (nonpassengers or non-members) Philippine waters or high seas

Robbery, Piracy and Mutiny

Robbery Robbery in an Uninhabited Place if committed in banca/ raft by crewmember or passenger Piracy Offenders are outsiders Robbery committed by outsiders Mutiny Offenders members of complement or passengers Raise commotion or protest or go against lawful command of captain

Anti-Hijacking Law (RA 6235)

Aircraft

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 2 of 41
Philippine Registry Foreign Registry Passenger Aircraft Operating as Public Utility in RP Cargo Aircraft Operating as Public Utility in RP Qualifying Circumstances Change course or destination or usurping or seizing control while in flight Land in any part of RP territory or usurping or seizing control, while within RP territory Carrying or loading on board substances that are corrosive, flammable, explosive or poisonous Shipping or loading such substances in a manner not in accordance with rules and regulations of Air Transportation Office (1) firing upon the pilot, crew or passenger (2) exploding or attempting to explode any bomb or explosive to destroy the aircraft (3) committing crime accompanied by murder, homicide, serious physical injuries, or rape

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 3 of 41 TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE 1. 2. Arbitrary Detention Delay in Delivery of Detained Persons to Proper Judicial Authorities 3. Delaying Release 4. Expulsion 5. Violation of Domicile 6. Search Warrants Maliciously Obtained and Abuse in Service of Those Legally Obtained 7. Searching Domicile without Witnesses 8. Prohibition, Interruption and Dissolution of Peaceful Meetings 9. Interruption of Religious Worship 10. Offending Religious Feelings Elements
Crime 124 Arbitrary Detention 125 Delay in Delivery of Detained Person to Proper Judicial Authorities 126 Delaying Release 1. 2. 3. 1. 2. 3. Elements Offender is a public officer or employee He detains a person Detention is without legal grounds Offender is a public officer or employee Detained a person for some legal ground Fail to deliver person to proper judicial authorities: a. 12 hrs light penalties or their equivalent b. 18 hrs corrective penalties or equivalent c. 36 hrs afflictive/capital or equivalent 129 Search Warrants Maliciously Obtained and Abuse in Service of Those Legally Obtained 130 Searching Domicile Without Witnesses 131 Prohibition, Interruption , and Dissolution of Peaceful Meetings Acts Punished: 1. Procuring a search warrant without just cause a. Offender is a public officer or employee b. Procures a search warrant c. There is no just cause 2. Exceeding authority or using unnecessary severity in executing a search warrant legally procured a. Offender is a public officer or employee b. Legally procured a search warrant c. Exceeds authority or uses unnecessary severity in executing the same 1. Offender is a public officer or employee 2. Armed with search warrant legally procured 3. Searches domicile, papers or other belongings of any person 4. Owner, or any member of his family, or 2 witnesses residing in the same locality are not present 1. Offender is a public officer or employee 2. He performs any of the following acts: a. Prohibiting/interrupting, without legal ground, holding of a peaceful meeting, or by dissolving the same b. Hindering any person from joining any lawful association or attending any meetings c. Prohibiting/hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances 1. Offender is a public officer or employee 2. Religious ceremonies or manifestations of any religion are about to take place or are going on 3. Offender prevents or disturbs the same Qualifying Circumstance: * if committed with violence or threats 1. Acts complained of were performed: In a place devoted to religious worship, or During celebration of any religious ceremony 2. Acts must be notoriously offensive to the feelings of the faithful

132 Interruption of Religious Worship

1. 2.

127 Expulsion 128 Violation of Domicile

Offender is a public officer or employee Judicial/executive order for release of a prisoner or detention prisoner, or there is a proceeding upon a petition for the liberation of such person 3. Offender without good reason delays: a. service of notice of such order to the prisoner b. performance of such judicial/executive order for the release of the prisoner c. proceedings upon a petition for the release of such person 1. Offender is a public officer or employee 2. He expels any person from RP or compels a person to change his residence 3. Offender is not authorized to do so by law Acts Punished: 1. By entering any dwelling against the will of the owner thereof; or 2. By searching papers or other effects found therein without the previous consent of such owner; or 3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same Elements Common to the Three Acts: 1. Offender is a public officer or employee 2. Not authorized by judicial order to enter dwelling and/or to make a search for papers & other effects

133 Offending the Religious Feelings

Comparisons
Arbitrary Detention (art. 124) Public officers whose official duties give them the authority to effect arrest and detain persons Intent to detain Detention at the outset unlawful Arbitrary Detention (art. 124) Public officer authorized to arrest and detain Detention without lawful cause Detention is penalized Arbitrary Detention (art. 124) No warrant of arrest No legal grounds Art. 128 No warrant Illegal Detention (art. 267) Other kind of public officers, private individuals Intent to detain

Unlawful Arrest (art. 269) Public officer/private individual Feigned to arrest without legal cause the purpose of which it to file charge Arrest is penalized Delay in Delivery (art. 125) No warrant of arrest With legal grounds Art. 129 and 130 Warrant but maliciously obtained or even if issued regularly, abuse in implementation Officer can be held liable for perjury

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 4 of 41

Art. 131 Assembly for legal purpose Officer not a member assembly

of

Illegal Assembly (art. 146) Assembly not for legal purpose May be a member of assembly

Art. 132 and 133 Exercise of religious manifestations, not quasi religious ceremonies 132 public officer 133 anyone Directed at religious belief itself and act is notoriously offensive

Unjust Vexation

Offensive to particular religion only

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 5 of 41 TITLE III: CRIMES AGAINST PUBLIC ORDER 1. 2. Rebellion, Insurrection, Coup detat, Disloyalty of Public Officers, Sedition (Conspiracy, Proposal, Incitement), Crimes Against Proper Representation (Acts Tending to Prevent the Meeting of Congress, Disturbance of Proceedings of Congress and Similar Bodies, Violation of Parliamentary Immunity) Illegal Assemblies and Illegal Associations Direct Assault, Indirect Assault, Disobedience (Disobedience to Summons Issued by Congress, Resistance and Disobedience to Person in Authority/Agent) Public Disorders (Tumults and Other Disturbances of Public Order, Unlawful Use of Means of Publication and Unlawful Utterances, Alarms and Scandals Delivering Prisoners from Jail, Evasion of Service of Sentence, Evasion on Occasion of Disorders, Violation of Conditional Pardon Quasi-Recidivism
Employ force, intimidation, or other means outside of legal methods 3. Objects: a. Prevent the promulgation or execution of any law or the holding of any popular election b. Prevent the National Govt, or any provincial or municipal govt, or any public officer from freely exercising functions, or prevent the execution of any administrative order c. Inflict any act of hate/revenge upon person or property of any public officer or employee d. Commit, for any political or social end, any act of hate/revenge against private persons or any social class; and e. Despoil, for any political or social end, any person, municipality or province, or the national govt of all its property or any part 141 Conspiracy to Commit Sedition 142 Acts Punished: Inciting to 1. Inciting to Sedition to Accomplish its Objects: Sedition a. Offender does not take direct part in the crime of sedition b. He incites others to the accomplishment of any of the acts which constitute sedition c. Inciting done by means of speeches, proclamation, writings, emblems, cartoons, banners, or other representations 2. Uttering seditious words or speeches which tend to disturb the public peace 3. Writing, publishing or circulating scurrilous libels against govt tending to disturb the public peace a. Offender does not take direct part in sedition b. Commits acts of sedition (either 2 or 3) 143 1. A projected or actual meeting of Congress and Acts similar bodies Tending to 2. Offender may be any person Prevent the 3. Prevents such meeting by force or fraud Meeting of Congress 144 A meeting of Congress and similar bodies Disturbance The offender does any of the following acts: of He disturbs any of such meetings Proceedings He behaves while in the presence of any such of Congress bodies in such a manner as to interrupt its proceedings or to impair the respect due it. 145 First Form Violation of 1. Offender (any person) uses force, Parliaintimidation, threats or fraud mentary 2. Purpose: to prevent any member of Congress Immunity from: a. Attending the meetings of Congress; or b. Expressing his opinion; or c. Casting his vote Second Form 1. Offender is a public officer or employee 2. He arrests or searches any member of Congress 3. Congress is in regular or special session 4. Member has not committed a crime punishable by penalty higher than prision mayor 146 1. Meeting attended by armed persons for the Illegal purpose of committing any of the crimes in Assemblies RPC a. a meeting, gathering or group of persons, whether in a fixed place or moving b. meeting is attended by armed persons c. purpose: commit any crime punished in Sedition 2.

3. 4.

5.

6. 7.

Elements
Crime 134 Rebellion or Insurrection Elements Public uprising and taking arms against Govt Purpose: a. remove from allegiance to said govt or laws: territory of RP or any part thereof; or any body of land, naval or other armed forces; or b. deprive Chief Executive or Congress, wholly or partially, of their powers or prerogatives 1. Offender is person(s) belonging to the military or police or holding any public office or employment 2. Committed thru swift attack accompanied by violence, intimidation, threat, strategy or stealth 3. Attack directed against duly constituted authorities of RP, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power 4. Purpose: seize or diminish state power Conspiracy and Proposal to Commit Coup detat Conspiracy to Commit Rebellion or Insurrection Proposal to Commit Rebellion or Insurrection 1. 2. Offender is a public officer or employee Commits any of the following acts of disloyalty: a. Failing to resist a rebellion by all the means in their power; b. Continuing to discharge the duties of their offices under the control of the rebels; c. Accepting appointment to office under them Offender does not take arms or is not in open hostility against the government Incites others to the execution of acts of rebellion Inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end Offenders rise publicly and tumultuously

134-A Coup detat

136 Conspiracy and Proposal 137 Disloyalty of Public Officers

138 Inciting to Rebellion

1. 2. 3.

139

1.

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 6 of 41
RPC Meeting in which the audience, whether armed or not, is incited to the commission of treason, rebellion or insurrection, sedition, or assault upon a person in authority or his agents a. meeting, a gathering or group of persons, whether in a fixed place or moving b. audience, whether armed or not, incited to commission of the crime of treason, rebellion or insurrection, sedition or direct assault Illegal Associations: 1. Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code 2. Associations totally or partially organized for some purpose contrary to public morals Two Forms and Requisites: 1. First form (rebellion by a handful of people) a. the offender employs force or intimidation b. the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of crime of sedition c. there is no public uprising 2. Direct Assault (laying hands on person in authority) 2. Simple Assault: 1. offender makes an attack, employs force, makes a serious intimidation, or makes a serious resistance 2. person assaulted is person in authority or his agent 3. at the time of the assault the person in authority or his agent is engaged in the actual performance of official duties, or that he is assaulted by reason of the past performance of official duties 4. offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties 5. there is no public uprising Qualified Assault 1. when the assault is committed with a weapon 2. when the offender is a public officer or employee 3. when offender lays hands upon person in authority 1. Person in authority or his agent is the victim of any of the forms of direct assault defined in Article 148 2. Person comes to the aid of authority or his agent 3. Offender makes use of force/intimidation upon person coming to the aid of authority or his agent Acts Punishable: 1. By refusing, without legal excuse, to obey summons of Congress, its special or standing committees and subcommittees or divisions, or by any commission or committee chairman or member authorized to summon witnesses 2. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official 3. By refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions 4. By restraining another from attending as a witness in such legislative or constitutional body 5. By inducing disobedience to a summons or refusal to be sworn by any such body or official Resistance and Serious Disobedience (Par.1): 1. A person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender 2. The offender resists or seriously disobeys such person in authority or his agent 3. The act of the offender is not included in the provisions of Articles 148, 149, and 150 Simple Disobedience (Par. 2): 1. An agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender 2. Offender disobeys agent of person in authority 3. Such disobedience is not of a serious nature Tumults and Other Disturbances of Public Order: 1. Causing any serious disturbance in a public place, office or establishment 2. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is not included in Articles 131 and 132 3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place 4. Displaying placards or emblems which provoke a disturbance of public order in such place 5. Burying with pomp the body of a person who has been legally executed Qualifying character Circumstances: if tumultuous in

151 Resistance and Disobedienc e to a Person in Authority or Agents of Such Person

147 Illegal Associations

148 Direct Assaults

153 Tumults and Other Disturbance s of Public Order

154 Unlawful Use of Means of Publication and Unlawful Utterances

149 Indirect Assaults

150 Disobedienc e to Summons Issued by Congress, its Committees, etc.

155 Alarms and Scandals

156

Tumultuous the disturbance or interruption shall be deem as such if caused by more than three persons who are armed or provided with means of violence Acts Punished 1. Publishing or causing to be published, by means of printing, lithography or any other means of publication, as news any false news which may endanger the public order, or cause damage to the interest or credit of the State 2. By encouraging disobedience to the law r to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches 3. By maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially 4. By printing, publishing or distributing (or causing the same) books, pamphlets, periodicals, or leaflets which do not bear the real printers name, or which are classified as anonymous Acts Punished as Alarms and Scandals: 1. Discharging firearm, rocket, firecracker, or other explosive within any town/public place, calculated to cause (which produces) alarm or danger 2. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility 3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements 4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Article 153 is not applicable 1. Person confined in a jail or penal

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 7 of 41
Delivering Prisoners from Jail establishment Offender removes therefrom such person, or helps the escape of such person ingredient * Cannot be prosecuted for illegal possession of firearm because it is absorbed Rebellion/Sedition Must take part in crime Tumults (art. 153) Intent: disturb public performance or create disturbance in a public place Inciting to Rebellion or Sedition Civilians who do not take part Inciting to Sedition (art. 142) Acts employed in 142 Objectives in 139 Rise publicly and tumultuously Direct Assaults (art. 148)

2.

157 Evasion of Service of Sentence

158 Evasion on Occasion of Disorders

159 Violation of Conditional Pardon 160 QuasiRecidivism

Qualifying Circumstance * offenders act of employing bribery as a means of removing or delivering the prisoner from jail, and not the offenders act of receiving or agreeing to receive a bribe as a consideration fro committing the offense 1. Offender is a convict by final judgment 2. Sentence consists in deprivation of liberty 3. Evasion by escaping during the term of sentence Qualifying Circumstances: 1. unlawful entry (by scaling); 2. breaking doors, windows, gates, walls, roofs floors; 3. using picklocks, false keys, disguise, deceit, violence, or intimidation; or 4. thru connivance with other convicts or employees of penal institution 1. Offender is a convict by final judgment, who is confined in a penal institution 2. Disorder, result of: conflagration, earthquake, explosion, similar catastrophe, or mutiny in which he has not participated 3. Offender evades service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny 4. Offender fails to give himself up to the authorities within 48hrs following issuance of proclamation by the chief executive announcing passing away 1. Offender was a convict 2. Granted conditional pardon by Chief Executive 3. He violated any of the conditions of such pardon Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense 1. The offender was already convicted by final judgment of one offense 2. He committed a new felony before beginning to serve such sentence or while serving the same

No public uprising

Illegal Assemblies and Associations

Illegal Assemblies Mere gathering for unlawful purpose which must relate to crime in RPC RPC only If offense punishable under SPL, no illegal assembly Illegal Associations Forming of illegal orgn, association, corporation for criminal activities prohibited by RPC and SPL or any act prejudicial to public welfare RPC and SPL

Direct Assault If made while in performance of PAs duty, crime is Direct Assault, whatever his reason may be for attacking. Must be while acting within the SCOPE of his authority If made when OFF DUTY, motive must be determined: Direct Assault if attack related to past performance No Direct Assault if no such reason Person in Authority any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission (e.g. barangay chairman, members of Lupong Tagapagkasundo, teachers, lawyers and heads of schools) Agent of Person in Authority one who, by direct provision of law, election or appointment by competent authority, is charged with maintenance of public order and the protection and security of life and property (e.g. barrio vice-lieutenant, barrio councilman & barrio policeman, and any person who comes to the aid of PA) Felonies Committed with Direct Assault Generally, DA is complexed with other crimes resulting from the assault. Only ONE information is prepared. exception: slight physical injuries (inherent in direct assault) Laying of Hands
Direct Assault Crime: Direct Assault with Less Serious PI By reason of being PA or performance of his function Less Serious Physical Injuries Qualifying circumstance to lay hands upon person in authority Not be reason of his being a person in authority

Rebellion, Coup detat, Sedition Rebellion and Common Crimes New Doctrine: Offenders may be charged for common crimes (e.g. murder, homicide, arson, and other felonies that may be conceivably committed in the course of the rebellion) separately from rebellion and insurrection. Former doctrine (Hernandez, Enrile, etc.): rebellion absorbs common crimes; Article 48 cannot be invoked
Rebellion Rising publicly Multitude of people Does not require Overthrow government Always violence force and Coup detat Swift attack Singly or collectively Require principal participants to be AFP, PNP, etc. Destabilize, immobilize or paralyze govt Not limited to force and violence

Rebellion Political Use of firearm essential

Sedition Political/social Use of firearm not an

essential

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 8 of 41
Not a PA PA Aggravating circumstance (art. 14(2)) Direct Assault prisoner sentence by final judgment Prisoner serving sentence by final judgment

Direct Assault vs. Resistance or Serious Disobedience

Direct Assault PA or A must be engaged in performance of official duties or assaulted by reason thereof Committed in 4 ways: Attack, Force, Serious intimidation, or Serious resistance Force employed serious and deliberate When the one resisted is PA, the use of any kind or degree of force will give rise to direct assault Resistance or Serious Disobedience PA or A must be in actual performance of duties Committed in 2 ways: Resisting Seriously Disobeying Force employed not so serious, as there is no manifest intention to defy the law If no force is employed by the offender in resisting or disobeying, the crime committed is resistance

Mutiny Revolt of subordinates against superiors. include riot (prisoners are not subordinates).

Does not

Evasion in Article 158 Failure to return. Premium for those who return:
Leaving without returning within time prescribed Not leaving Leaving and returning within time prescribed 1/5 addition to remaining sentence but not more than 6 mos. (1/5 x balance of the sentence to be served) No deduction 1/5 deduction from sentence (1/5 x original sentence)

Conditional Pardon
Substantive offense Not substantive offense If penalty remitted is 6 years or less, there is a new penalty imposed If penalty remitted is more than 6 years, as the penalty for violation is merely to serve the balance

Public Disorders 1. 2. 3. must not fall under Articles 131 and 132 (only public officers can commit these crimes) disturbance must be serious, if not serious the crime is alarms and scandals if criminal intent at the OUTSET is to incite listeners to rebellion or sedition, it is not public disorders

Summary
Delivery of Prisoners from Jail (Art. 156) (1) By detention prisoner if he knew of the plan to make him escape (2) by a convict whose conviction is not yet final or on appeal (3) by a person rescuing the prisoner from jail who is not the custodian and who may be a civilian or a PO not the custodian Evasion of Service of Sentence (Art. 157) (1) By prisoner in confinement by final judgment (2) prisoner not in confinement by final judgment (e.g. destierro) Infidelity in Custody of Prisoner (Arts. 223-225) (1) By public officer who consented or connived in the escape of convict or detention prisoner and is the custodian of the prisoner (2) public officer custodian whose negligence caused the evasion (3) private person to whom the custody of the prisoner was confided who consented, connived, or was negligent

Alarms and Scandals Charivari mock serenade where the offender actually disturbs the peace by using cans, pans, utensils, etc. Variant Crimes that can Arise from Discharge of Firearms
Alarms and Scandals Illegal Discharge of Firearms Attempted Homicide/Murder Physical Injuries Threat Other Light Threat Grave Coercion Discharge of firearm in public place but not pointed to a particular person Directed to particular person who was not hit if intent to kill is not proved If person was hit, automatically, crime is attempted homicide/murder if with intent to kill Person was hit and injured but no intent to kill Weapon not discharged but pointed to another Drawn in a quarrel but not in self-defense Threat was immediate, direct and serious and person is compelled or prevented to do something against his will

Quasi-Recidivism Special aggravating circumstance that must be alleged in the complaint

Variant Crimes in Creating Noise/Annoyance

Alarms and Scandals Unjust Vexation Public in general Directed to a person particular

Evasion of Service of Sentence

Delivery of Prisoners from Jail (Art. 156) Offender not custodian of prisoner Detention Evasion of Service of Sentence (Art. 157) Infidelity in Custody of Prisoner (Arts. 223-225) Offender is custodian who connived in escape or was negligent Detention Prisoner

Prisoner serving

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 9 of 41

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 10 of 41 TITLE IV: CRIMES AGAINST PUBLIC INTEREST 1. Forgeries (Forging Seal of Govt, Signature or Stamp of Chief Executive; Counterfeiting Coins; Forging Treasury or Bank Notes, Obligations and Securities, Importing and Uttering False or Forged Notes, Obligations and Securities; Falsification of Legislative, Public, Commercial and Private Documents, and Wireless Telegraph and Telephone Messages; Falsification of Medical Certificates, Certificates of Merit and the Like; Manufacturing, Importing and Possession of Instruments or Implements Intended for Commission of Falsification) Other Falsities (Usurpation of Authority, Rank, Title, and Improper Use of Names, Uniforms and Insignia; False Testimony) Frauds (Machinations, Monopolies and Combinations; Frauds in Commerce and Industry)
Crime 161 Forging the Seal of the Govt, Signature or Stamp of the Chief Executive 162 Using Forged Signature or Counterfeit Seal or Stamp 163 Making and Importing and Uttering False Coins 164 Mutilation of Coins Elements Acts Punished: 1. Forging the Great Seal of the Government of the Philippines 2. Forging the signature of the president 3. Forging the stamp of the president Possession and use of False Treasury or Bank Notes and Other Instruments of Credit 170 Falsification of Legislative Documents 171 Falsification by Public Officer, Employee, or Notary or Ecclesiastica l Minister falsified by another person Knowledge that it is forged or falsified He performs any of these acts: a. using any such forged or falsified instruments b. possessing with intent to use any of such forged or falsified instruments

2. 3.

1.

2. 3.

1.

165 Selling of False or Mutilated Coins, Without Connivance 166 Forging Treasury or Bank Notes or Other Documents Payable to Bearer 167 Counterfeiting Instruments Not Payable to Bearer 168 Illegal

That the Great Seal of RP was counterfeited or the signature or stamp of Chief Executive was forged by another person 2. The offender knew of the counterfeiting or forgery 3. He used counterfeit seal/forged signature or stamp 1. There be false or counterfeited coins 2. Offender either made, imported or uttered coins 3. That in case of uttering such false or counterfeited coins, he connived with counterfeiters/importers Acts Punished: 1. Mutilating coins of legal currency, with intent to damage or to defraud another 2. Importing or uttering mutilated coins, with connivance with mutilator/importer in uttering 1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated 2. Actually uttering such false or mutilated coins, knowing the same to be false and mutilated Acts Punishable: 1. Forging or falsification of treasury or bank notes or other documents payable to bearer 2. Importation of such false/forged obligations/notes 3. Uttering of such false or forged obligations or notes in connivance with the forgers or importers 1. There be an instrument payable to order or other document of credit not payable to bearer 2. Offender either forged, imported or uttered such 3. In case of uttering, he connived with forger / importer 1. That any instrument payable to bearer, or any instrument payable to order is forged or

172 Falsification by Private Individuals and use of Falsified Documents

A bill, resolution, ordinance is enacted or approved or pending approval in legislative body 2. Offender alters the same 3. No proper authority 4. Alteration changed the meaning of the document 1. Offender is public officer, employee, notary public 2. He takes advantage of his official position 3. He falsifies by committing any of the ff acts: a. Counterfeiting or imitating (feigning) any handwriting, signature or rubric i. intent to imitate, or attempt to imitate ii. genuine and forged signatures bear some resemblance to each other b. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate c. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them d. Making untruthful statements in a narration of facts * legal obligation to disclose the truth of the facts narrated by him e. Altering true dates f. Making any alteration/intercalation in a genuine document changing its meaning * change made document speak something false g. Issuing in authenticated form a document purporting to be a copy of any original document when no such original exists, or including in such copy a statement contrary to, or different from that of genuine original h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book. 4. If offender is ecclesiastical minister, falsification is committed on record/document of such character that falsification may affect civil status of persons Acts Punished and Their Requisites: 1. Falsification of public, official or commercial document by a private individual a. offender is private individual or public officer or employee who did not take advantage of his official position b. any of the acts of falsification in Article 171 c. public or official or commercial document 2. Falsification of private document by any person a. offender committed any of the acts of falsification, except those in 7, in Article 171 b. committed in any private document c. damage to 3rd party or intent to cause damage 3. Use of falsified document a. knowledge of falsification b. false document is embraced in Article 171 or in any subdivision no. 1 or 2 or Article 172

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 11 of 41
he introduced document in evidence in any proceeding (judicial or otherwise) d. in other proceedings (NOT judicial), damage to 3rd person or intent to cause damage Acts Punishable 1. Uttering fictitious wireless, telegraph, telephone message a. Offender is officer/employee of govt or private corporation, engaged sending or receiving wireless, cable, telephone message b. Offender commits any of the following acts: i. uttering fictitious message ii. falsifying message 2. Falsifying wireless, telegraph or telephone message * same as above 3. Using such falsified message a. knowledge of falsification b. use of such falsified dispatch c. prejudice to 3rd party, or intent to cause such Falsification of Medical Certificates, Certificates of Merit or Service 1. falsification as in art. 174 2. knowledge 3. use Acts Punished: 1. Making or introducing in RP implements for counterfeiting or falsification 2. Possessing with intent to use made in or introduced into RP by another person Two Ways of Committing the Crime: 1. Usurpation of Authority knowingly and falsely representing oneself to be officer, agent or representative of RP govt or any foreign govt 2. Usurpation of Official Functions performing any act pertaining to any person in authority or public officer of RP govt or foreign govt, under false pretense, and without authority Using Fictitious Name 1. Offender uses a name other than his real name 2. He uses that fictitious name publicly 3. Purpose: (a) conceal a crime, (b) evade execution of judgment, or (c) cause damage to public interest Concealing True Name 1. Offender conceals true name, other circumstances 2. Purpose: only to conceal his identity 1. Offender makes use of insignia, uniform or dress 2. Such pertains to an office not held by offender or to a class of persons of which he is not a member 3. Such is used publicly and improperly 1. Criminal proceeding 2. Offender testifies falsely under oath against the defendant therein 3. Offender knows that it is false 4. Defendant either acquitted or convicted False Testimony Favorable to Defendant 1. Civil case 2. Testimony must relate to issues presented in case 3. That the testimony must be false 4. Knowledge of falsity 5. Malicious, with intent to affect issues presented 1. Two ways of Committing Perjury a. By falsely testifying under oath; and c. Testimony in Other Cases and Perjury in Solemn Affirmation b. By making a false affidavit Elements of Perjury a. Accused made a statement under oath or executed an affidavit upon a material matter b. Made before a competent officer, authorized to receive and administer oath c. Accused made a willful and deliberate assertion of a falsehood; and d. Sworn statement/affidavit is required by law 1. Offer in evidence of false witness or false testimony 2. Knowledge of falsity 3. Offer was made in a judicial or official proceeding 1. Soliciting any gift or promise as a consideration for refraining from taking part in any public auction 2. Attempting to cause bidders to stay away from an auction by threats, gifts, promises or other artifice * in both cases, intent to cause the reduction of the price of the thing auctioned Acts Punished as Monopolies: 1. Combination to prevent free competition in the market 2. Monopoly to restrain free competition in the market 3. Manufacturer, producer, or processor or importer combining, conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or increase market price of merchandise 1. Offender imports, sells, or disposes of any of those articles or merchandise 2. Stamps, brands, or marks fail to indicate the actual fineness or quality of said metals or alloys 3. Knowledge 2. Repealed by RA 8293 (Intellectual Property Code) Repealed by RA 8293 (Intellectual Property Code)

173 Falsification of Wireless, Cable, Telegraph and Telephone Messages

174 175 Using False Certificates 176 Mnftg and Possession of Implements for Falsification 177 Usurpation of Authority or Official Functions

184 Offering False Testimony in Evidence 185 Machinations, Monopolies, and Combinations 186 Monopolies and Combinatio ns in Restraint of Trade

187 Importation and Disposition of Falsely Marked Articles 188 189

178 Using Fictitious Name and Concealing True Name

Forgeries Counterfeiting Coins Counterfeiting imitation of a legal or genuine coin; imitation of the peculiar design of a genuine coin Forgery Forgery giving to treasury/bank note or any instrument payable to bearer or to order the appearance of a true and genuine document; to forge an instrument is to make false instrument intended to be passed for the genuine one Forgery is committed only on treasury and bank notes. Falsification
Falsification Documents may or may not be under oath Contents may be signature is false true but Perjury Document must be under oath (required by law to be under oath) Contents in its material aspect must be deliberately false

179 Illegal Use of Uniforms or Insignia 180 False Testimony Against a Defendant 181 182 False Testimony in Civil Cases 183 False

Complex Crime of Estafa through Falsification

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 12 of 41 If public or official or commercial document falsified to commit estafa complex crime If private document no complex crime (either estafa or falsification)
Estafa If estafa can be committed even without resorting to falsification, and falsification was resorted to only to facilitate estafa Falsification If falsification is essential in the commission of estafa such that without falsification, estafa cannot be committed

Other Falsities Usurpation of Authority

Article 177 False pretense RA 10 With or without pretense

Using Fictitious Name

CA 142 (Regulating the Use of Aliases) 1. Except as pseudonym (entertainment purposes and athletic events), no person shall use name other than original or real name unless recorded in LCR or authorized in court 2. Person desiring to use alias shall apply for judicial authority. No person allowed to secure judicial authority for more than one alias. Requires public use and habituality

Perjury Subornation of Perjury act of a person of procuring a false witness to testify and commit perjury; witness must first be convicted of perjury

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 13 of 41 TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS Comprehensive Dangerous Drugs Act of 2002 (RA 9165)
Crime Importation 4 1. 2. 3. Persons Punished/Elements importer/bringer of DD and/or CP and EC, unless authorized by law, regardless of quantity and purity financier protector/coddler Manufacture or Delivery of Equipment, Instrument, Apparatus, and other Paraphernali a for DD and/or CP and EC 10 Any person who shall deliver, possess with intent to deliver, or manufacture with intent to deliver equipment, instrument, apparatus and other paraphernalia for DD, knowing, or under circumstances where one reasonably should know that it will be used 1. to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any DD and/or CP and EC 2. to inject, ingest, inhale or otherwise introduce into the human body (lower penalty) Qualifying Circumstance * use of minor or mentally incapacitated to deliver Any person, unless authorized by law, who shall possess DD in the required quantities, regardless of degree of purity Qualifying circumstance: 13 Any person, unless authorized by law, who shall possess or have under control any equipment, etc. fit or intended for smoking, consuming, administering, injecting, ingesting or introducing any DD into the body Prima Facie Evidence of Use possession Qualifying circumstance: 14 Possession of DD during Parties, Social Gatherings, or Meetings Any person found possessing any DD, regardless of quantity and purity 1. during a party, social gathering or meeting, or 2. in the proximate company of at least two persons Possession of E, I, A and other P for DD during P, SG or M A person apprehended and arrested, found positive for use of DD, after confirmatory test 1. 1st offense subject to 6 mos. Rehabilitation 2. 2nd 6 years 1 day to 12 years and P50K to P200K Not applicable: if 11 (possession) is applicable Cultivation or Culture of Plants Classified as DD or are Sources Thereof 1. Any person who shall plant, cultivate, or culture 2. financer 3. protector/coddler Qualifying circumstance: land part of public domain Maintenance and Keeping of Original Records of Transactions on DD and/or CP and EC Practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails to comply with maintenance/keeping Unnecessary Prescription of DD Practitioner Any person, unless authorized by law, who shall make or issue a prescription or other writing purporting to be a prescription for any dangerous drug 1. importation 2. sale, trading, administration, dispensation, delivery, distribution, transportation 3. maintenance of den, dive, resort where used 4. manufacture 5. cultivation/culture of plant sources

Sale, Trading, Administration, Dispensatio n, Delivery, Distribution , Transportation 5

Qualifying Circumstance (Maximum Penalty) * Use of a diplomatic passport/facility or any other means involving official status intended to facilitate unlawful entry of the same 1. any person who shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport 2. broker 3. financier 4. protector/coddler Qualifying Circumstances (Maximum Penalty) 1. within 100m from a school 2. use of minors or mentally incapacitated as runners, courier and messengers, or in any other capacity directly connected to DD and/or CP and EC 3. victim is a minor or mentally incapacitated 4. DD/CP and EC proximate cause of death of victim 1. Maintainer, owner and/or operator * requires intent to use property for such purpose 2. financier 3. protector/coddler Qualifying Circumstances 1. DD administered, delivered or sold to minor who is allowed to use the same in such place (maximum penalty) 2. Proximate cause of death (increased penalty) 1. Employee who is aware of nature of the place as such 2. Any person who is aware of the nature of the place as such and knowingly visits the same 1. 2. 3. Manufacturer, unless authorized by law Financier Protector/coddler

Possession of DD 11 Possession of Equipment, Instrument, Apparatus and other Paraphernalia for DD 12 13

Maintenanc e of Den, Dive or Resort 6

14 Use of DD 15

16

Employees and Visitors of Den, Dive or Resort 7 Manufacture of DD and/or CP and EC 8

17

* Prima Facie Proof of Manufacture: presence of any CP and EC or lab equipment in clandestine laboratory Aggravating Circumstances 1. conducted in presence or with help of minor(s) 2. within 100m of residential, business, church, or school premises 3. clandestine lab secured or protected with booby traps 4. clandestine lab concealed with legit business operations 5. employment of practitioner, chemical engineer, public official or foreigner Illegal Chemical Diversion of CP and EC Illegal diverter (any person), unless authorized by law 18 Unlawful Prescription of DD 19 Attempt or Conspiracy 26

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 14 of 41
Criminal Liability of Public Officer or Employee 27 1. Misappropriation, misapplication or failure to account for confiscated, seized and/or surrendered DD, plant sources of DD, CP and EC, Instruments, Paraphernalia and/or Lab Equipment including proceeds or properties obtained form unlawful act committed 2. elective local or national official who benefited from proceeds of trafficking or received any financial or material contributions or donations Any person planting DD, regardless of quantity and purity (punishable by DEATH) Violation of any Regulation issued by Board Issuance of False or Fraudulent Drug Test Results Person authorized, licensed or accredited who issues knowingly or willfully or thru gross negligence

Planting Evidence 28 32 37

5.

Significant Changes 1. Penalties a. Penalties under SPL revived (e.g. life imprisonment) and the nomenclature of RPC were deleted from law Except: MINOR OFFENDERS imposable penalty will become RP to Death, provided: (1) offender is a minor, and (2) violation is punished with LI to Death * treated as crime punishable under RPC in ISL b. Penalty is no longer based on quantity involved Except in case of POSSESSION c. Use of dangerous drugs now has a graduated penalty d. Accessory penalties; Such rights are also suspended during pendency of appeal from conviction 2. Classification of Drugs now Dangerous Drugs and Controlled Precursors and Essential Chemicals 3. New Offenders a. Financier any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under the Act b. Protector/Coddler any person who knowingly and willfully consents to unlawful acts and uses his influence, power or position in shielding, harboring, screening or facilitating the escape of any person he knows or has reasonable grounds to believe or suspects, has violated CDDA in order to prevent arrest, prosecution and conviction of violator 4. New Offenses a. Illegal chemical diversion of controlled precursors and essential chemicals b. Failure to maintain and keep original records or transactions on DD and/or CP and EP c. Attempt or conspiracy to commit any of the ff: 1) importation 2) sale, trading, administration, dispensation, delivery, distribution, transportation 3) maintenance of den, dive, resort where used 4) manufacture 5) cultivation/culture of plant sources

d. Misappropriation, misapplication or failure by a public officer/employee to account etc. e. Planting f. Violation of any regulation issued by DD Board g. Issuance of false/fraudulent drug test results h. Violation of confidentiality of records i. Refusal of members of law enforcement agencies or any govt official/employee to testify as prosecution witness in DD cases j. Delay and Bungling in Prosecution of drug cases Qualifying/Aggravating Circumstances a. crime committed under influence of drugs qualifying circumstance and rules under RPC apply b. Possession of DD during parties, social gatherings or meetings aggravating in 11 c. Possession of equipment, etc. during parties, social gatherings or meetings aggravating in 12

Nature of Violations Malum prohibitum Definitions Drug Dependence state of psychic or physical dependence or both, on a DD, arising in a person following administration or use of that drug on a periodic or continuous basis Use refers to act of injecting, intravenously or intramuscularly, or of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking, or otherwise introducing into the physiological system of the body, any of the dangerous drugs * a drug dependent is not criminally liable for violation of 15 (Use); this does not apply to a person who occasionally uses the drug, as it is not the same as drug dependence Delivery persons act of knowingly passing a dangerous drug to another personally or otherwise, and by any means, with or without consideration (necessarily involves knowledge otherwise not liable) Screening Test rapid test performed to establish potential/presumptive positive result Confirmatory Test analytical test using a device, tool, or equipment with a different chemical or physical principal that is more specific which will validate and confirm result of the screening text Drug Syndicate organized group of 2 or more persons forming or joining together with intention of committing any offense proscribed under this act Planting of Evidence will act of maliciously and surreptitiously inserting, placing or adding or attaching directly or indirectly, thru any over or covert act, whatever quantity of any DD and/or CP and EC in person, house, effects or in the immediate vicinity of an innocent individual for the purpose of implicating, incriminating or imputing the commission of any violation of this act Prohibited Quantities

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 15 of 41
Drug Opium Morphine Heroin Cocaine Shabu Marijuana Resin or Resin Oil Marijuana Other DD Shabu Marijuana Other DD Marijuana Other DD Quantity 10 grams or more 10 grams or more 10 grams or more 10 grams or more 50 grams or more 10 grams or more 500 grams or more 10 grams or more 10 grams or more but less than 50 grams 300 grams or more but less than 500 grams 5 grams or more but less than 10 grams Less than 300 grams Less than 5 grams

LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI and P400K to P500K 20 years 1 day to LI and P400K to P500K 20 years 1 day to LI and P400K to P500K 12 years 1 day to 20 years and P300K to P400K 12 years 1 day to 20 years and P300K to P400K

Voluntary Submission drug dependent who violated 15 may, by himself/herself or thru his/her parent, spouse, guardian or relative within 4th degree of consanguinity or affinity apply to Board for treatment and rehabilitation not less than 6 mos. But not exceeding 1 year if rehabilitated and exempt: see requirements below if rehabilitated but not exempted from liability: charged under CDDA but placed on probation and undergo community service in lieu of imprisonment and/or fine if not rehabilitated after 2nd commitment: charged with violation of 15; if convicted, entitled to credit of period of confinement in rehabilitation Exemption from Criminal Liability under Voluntary Submission 1. complied with rules and regulations of center, applicable rules and regulations of board 2. never been charged or convicted under CDDA, DDA of 1972, RPC or any SPL 3. no record of escape from center, unless he did escape but surrendered within 1 week 4. poses no serious danger to self, family, community Compulsory Confinement drug dependent, upon petition by Board or any person authorized by board, shall be confined for rehabilitation suspension of proceedings and transmittal of record to Board: if drug dependent and offense charged is less than 6 years and 1 day if rehabilitated: returned to court and prosecution shall be instituted or shall continue; in case of conviction: full credit of period in rehabilitation if he was in good behavior if rehabilitation and offense is under 15 and accused not a recidivist: penalty deemed served in rehabilitation upon release therefrom Prescription prescription of offense does not run while under rehabilitation Actions Taken Upon Minor Drug Violator 1. suspended sentence first timer 2. probation or community service first timer 3. service of sentence as any other convicted person if violation of conditions of suspended sentence or rules and regulations Suspension of Sentence of First Time Minor Offender over 15 at the time of commission but not more than 18 at the time when judgment should have been promulgated conditions: 1) not previously convicted under CDDA, DDA, RPC, SPL 2) not been previously committed to rehabilitation

Certain Provisions plea-bargaining not allowed (23) probation law not allowed for drug trafficking or pushing, regardless of penalty imposed by court (24) positive finding for the use of DD shall be a qualifying aggravating circumstance and the application of the penalty provided for in RPC shall be applicable (25) attempt or conspiracy in certain acts are punishable (26) if committed by government officials and employees: qualifying circumstance in all unlawful acts (28) if committed by partnership, corporation, association or other juridical entity: partner, president, director, manager, trustee, estate administrator or officer who consents to or knowingly tolerates violation (co-principal) (30) or use of vehicle, etc, as instrument in importation, etc. (30) if committed by alien: deported immediately unless penalty is death (31) immunity from prosecution/punishment any person who has violated 7, 11, 12, 14, 15, 19 who voluntarily gives information about any violation of 4, 5, 6, 8, 10, 13 and 16 as well as any violation of offenses mentioned if committed by drug syndicate, or any information of whereabouts, identities and arrest of such members; and who willingly testifies (33) accessory penalties (35) Drug Rehabilitation

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 16 of 41 3) Board favorably recommends suspension of sentence 4) may be availed of only once under 15 PD 603 Limited Applicability of RPC GR: RPC not applicable Except: minor offenders penalty imposable is RP to death if penalty prescribed is LI to death

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 17 of 41 TITLE VI: CRIMES AGAINST PUBLIC MORALS 1. 2. 3. 4. Gambling and Betting Grave Scandal Immoral Doctrines and Indecent Shows Vagrants and Prostitutes
Crime 200 Grave Scandal 1. 2. Elements Offender performs an act(s) Auch act(s) be highly scandalous as offending against decency or good customs 3. The highly scandalous conduct is not expressly falling within any other article of this Code 4. Act or acts complained of be committed in a public place or within the public knowledge or view Publicity is essential Those Liable: 1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals 2. Authors of obscene literature, published with their knowledge in any form, the editors publishing such literature; and the owners/operators of the establishment selling the same 3. Thos who, in theaters, fairs, cinematographs, etc., exhibit indecent or immoral plays, scenes, acts, etc. it being understood that the obscene literature or indecent or immoral lays, etc. whether in live or in file, which are proscribed by virtue hereof 4. Those who shall sell, give away, or exhibit films, prints, engravings, sculptors, etc. which are offensive to morals Vagrants: 1. Any person having no apparent means of subsistence, who has physical ability to work and who neglects to apply himself to some lawful calling 2. Any person found loitering about public or semi-public buildings or places, or tramping or wandering about the country or the streets without visible means of support 3. Any idle or dissolute person who lodges in houses of ill-fame; ruffians or pimps and those who habitually associate with prostitutes 4. Any person who, not being included in the provision of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose 5. Prostitute a woman who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct

Moral conformity with the generally accepted standards of goodness or rightness in conduct or character Obscene something offensive to chastity, decency, delicacy
RA 3060 Public exhibition of motion picture not previously passed by Board of Censors Malum prohibitum Article 201 Public showing of indecent or immoral plays, scenes, acts, or shows, not just motion pictures Malum in se

Vagrancy Variant Crimes in Loitering

Vagrancy Trespass Property to If estate is not enclosed or fenced, because privacy is not maintained in such case Estate or premises is uninhabited and there is manifest prohibition of the owner or overseer against entry Person enters fenced or enclosed estate without consent of owner or overseer to hunt, fish or gather plant products

201 Immoral Doctrines, Obscene Publications and Exhibitions, and Indecent Shows

Theft (Attempted, Frustrated or Consummated)

202 Vagrants and Prostitutes

Grave Scandal consists of acts which are offensive to decency and good customs which, having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same must be directed against sense of decency, not property committed in public place or in public view Immoral Doctrines

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

TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS 1. 2. 3. 4. 5. 6. 7. 8. Malfeasance and Misfeasance Bribery Frauds and Illegal Exactions and Transactions Malversation of Public Funds and Property infidelity in the Custody of Prisoners Infidelity in the Custody of Documents Revelation of Secrets Other offenses or Irregularities by public officers
Crime 204 Knowingly Rendering Unjust Judgment 205 Rendering Judgment Thru Negligence 206 Rendering Unjust Interlocutor y Order 207 Malicious Delay in the Admin of Justice 208 Dereliction of Duty in Prosecution of Offenses 1. 2. 3. 4. 1. 2. 3. 4. 1. 2. Elements Offender is a judge; Renders a judgment Judgment is unjust Judge knows that his judgment is unjust Offender is a judge; Renders a judgment Judgment is manifestly unjust Due to his inexcusable negligence or ignorance That the offender is a judge; That he performs any of the following acts: a. knowingly renders unjust interlocutory order or decree; or b. renders manifestly unjust interlocutory order or decree thru inexcusable negligence or ignorance That the offender is a judge That there is a proceeding in his court That he delays the administration of justice That the delay is malicious

do, in consideration of gift or promise Elements: 1. Offender is a public officer 2. Offender accepts an offer or a promise or receives a gift or present by himself or thru another 3. Such offer or promise be accepted, or gift or present received by the public officer: a. with a view to committing some crime; or b. in consideration of the execution of an act which does not constitute a crime, but the act must be unjust c. to refrain from doing something which it is his official duty to do 4. Crime or act which the offender agrees to perform or which he executes be connected with the performance of his official duties 1. Offender is a public officer 2. He accepts gifts 3. Gifts are offered to him by reason of his office 1. Public officer entrusted with law enforcement 2. Offender refrains from arresting or prosecuting an offender who has committed a crime punishable by RP and/or death 3. Offender refrains in consideration of any promise, gift or present 1. Offender offers or promises or gives gifts or presents to a public officer 2. Such are made under circumstances that will make public officer liable for direct or indirect bribery Acts Punishable: 1. Frauds against public treasury 2. Demanding an amount different from what the law authorizes to be collected 3. Voluntary failure to issue receipt 4. Collection of the nature of payment different from that required Elements of Frauds against Public Treasury: 1. Offender be public officer 2. Taken advantage of his office, that is, he intervened in the transaction in his official capacity 3. Entered into said agreement 4. Accused had intent to defraud the government Elements of Illegal Exaction: 1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts 2. He is guilty of acts 2, 3 and 4 (above in Acts Punishable as Frauds Against Public Treasury) Elements of the Crime: 1. Offender is a public officer 2. He takes advantage of his official position 3. Commits any of the frauds or deceits (arts. 315-318) 1. Appointive public officer 2. He becomes interested, directly or indirectly, in any transaction of exchange or speculation 3. Within the territory subject to his jurisdiction 4. During his incumbency People Liable for Possession of Prohibited Interest: 1. Public officer who, directly or indirectly, became interested in any contract or business in which it was his official duty to intervene. 2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the appraisal, distribution or adjudication of which they had acted

211 Indirect Bribery 211-A Qualified Bribery

212 Corruption of Public Officials 213 Frauds Against the Public Treasury and Similar Offenses

1. 2. 3. 4.

Acts Punishable: 1. Maliciously refraining from institution prosecution against violators of the law 2. Maliciously tolerating the commission of offenses Elements: 1. Offender is a public officer who has a duty to cause the prosecution of, or to prosecute, offenses 2. Dereliction of duties knowing the commission of the crime, he does not cause the prosecution of the criminal or knowing that a crime is about to be committed, he tolerates its commission Acts Punished: 1. By causing damage to his client, either (a) by any malicious breach of professional duty, (b) by inexcusable negligence or ignorance 2. By revealing any of the secrets of his client learned by him in his professional capacity 3. By undertaking the defense of the opposing party in the same case, without the consent of his first client, after having undertaken the defense of said first client or after having received confidential information from said client Acts Punishable in Direct Bribery: 1. By agreeing to perform, or by performing, in consideration of any offer, promise, gift or present and act constituting a crime, in connection with the performance of his official duties 2. By accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty 3. By agreeing to refrain, or by refraining, from doing something which is his official duty to

209 Betrayal of Trust by an Attorney or Solicitor

214 Other Frauds 215 Prohibited Transactions 216 Possession of Prohibited Interest by a Public Officer

210 Direct Bribery

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 19 of 41
3. Guardians and executors with respect to the property belonging to their wards or estate escape Classes of Prisoners Involved: 1. Sentenced by final judgment 2. Detention prisoner 1. Offender is a public officer 2. Charged with conveyance or custody of a prisoner (detention prisoner or prisoner by final judgment) 3. Such prisoner escapes thru his negligence Liability of Escaping Prisoner: 1. Convict by reason of final judgment Article 157 2. Detention Prisoner no liability 1. Offender is a private person 2. Conveyance or custody of prisoner or person under arrest is confided to him 3. Prisoner or person under arrest escapes 4. Offender consents to escape, or that the escape takes place thru his negligence 1. 2. Offender be a public officer He abstracts, destroys, conceals documents, papers 3. Said documents/papers entrusted to such public officer by means of his office 4. Damage, whether serious or not, to a third party or to the public interest should have been caused 1. Offender is a public officer 2. Charged with the custody of papers or property 3. Papers or property are sealed by proper authority 4. Breaks the seals or permits them to be broken 1. That offender is a public officer 2. That any closed papers, documents, or objects are entrusted to his custody 3. That he opens or permits to be opened said closed papers, documents or objects 4. That he does not have proper authority Elements of No. 1: 1. That the offender is a public officer 2. He knows a secret by reason of his official capacity 3. Revelation without authority or justifiable reasons 4. Damage be caused to public interest Elements of No. 2: 1. Offender is public officer who has charge of papers 2. Papers should not be published 3. Delivers papers or copies thereof to a 3rd person 4. Delivery is wrongful 5. Damage be caused to public interest 1. Offender is a public officer 2. He knows of the secrets of a private individual by reason of his office 3. He reveals secrets without authority or justifiable reason 1. 2. 3. That the offender is a judicial or executive officer That there is a judgment, decision or order of a superior authority That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all legal formalities That the offender without any legal justification openly refuses to execute the said judgment, decision or order, which he is duty bound to obey

217 Malversatio n of Public Funds or Property

Acts Punishable in Malversation: 1. By appropriating public funds or property 2. By taking or misappropriating the same 3. By consenting, or thru abandonment or negligence, permitting another to take funds or property 4. By being otherwise guilty of the misappropriation or malversation of such funds or property Elements Common to All Acts of Malversation: 1. Offender be a public officer 2. Custody or control of funds or property by reason of the duties of his office 3. Accountable public funds/property 4. Appropriated, took, misappropriated or consented or, thru abandonment or negligence, permitted another person to take them 1. Offender is a public officer, whether in the service or separated therefrom 2. Accountable officer for public funds or property 3. Required by law or regulation to render accounts to the COA, or to a provincial auditor 4. Failure to do so for a period of 2 months after such accounts should be rendered 1. Offender is a public officer 2. Accountable officer for public funds or property 3. Unlawfully left (or be on the point of leaving) RP without securing from COA a certificate showing that his accounts have been finally settled 1. Offender is a public officer 2. Public fund or property under his administration 3. Such has been appropriated by law or ordinance 4. He applies the same to a public use other than that for which such has been appropriated Acts Punishable: 1. By failing to make payment by 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 had been ordered by competent authority to deliver any property in his custody or under his administration Elements of Failure to Make Payment: 1. Public officer has govt funds in his possession 2. Under obligation to make payment from funds 3. He fails to make the payment maliciously Private Individuals who may be Liable (arts. 217221): 1. Private individuals who, in any capacity whatever, have charge of any national, provincial or municipal funds, revenue, or property 2. Administrator or depository of funds or property, attached, seized or deposited by public authority, even if such property belongs to private individual 1. Offender is a public officer 2. He had in his custody or charge, a prisoner, either detention prisoner or prisoner by final judgment 3. Such prisoner escaped from his custody 4. In connivance with prisoner in the latters

224 Evasion Through Negligence

218 Failure of Accountable Officer to Render Accounts

225 Escape of Prisoner under the Custody of a Person not a Public Officer 226 Removal, Concealment or Destruction of Documents 227 Officer Breaking Seal 228 Opening of Closed Documents 229 Revelation of Secrets by an Officer

219 Failure to Render Accounts before Leaving the Country 220 Illegal Use of Public Funds or Property 221 Failure to Make Delivery of Public Funds or Property

222 Officers Included in the Preceding Provisions

230 Public Officer Revealing Secrets of Private Individual 231 Open Disobedience

223 Conniving with or Consenting to Evasion

4.

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 20 of 41
232 Disobedienc e to Order of Superior Officer, When Said Order was Suspended by Inferior Officer 233 Refusal of Assistance 1. 2. 3. 4. 5. Offender is a public officer Order is issued by his superior for execution He has for any reason suspended the execution of such order His superior disapproves the suspension Offender disobeys his superior despite the disapproval of the suspension 242 Disobeying Request for Disqualifica tion 243 Orders or Requests by Executive Officer to any Judicial Authority 244 Unlawful Appointments 1. 2. 3. 4. 1. 2. 3. Offender is a public officer Proceeding is pending before public officer Question is brought before the proper authority regarding his jurisdiction, which is not yet decided Lawfully required to refrain from continuing That the offender is an executive officer That he addressed any order or suggestion to any judicial authority That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice Offender is a public officer He nominates or appoints a person to public office Person lacks the legal qualifications therefore Offender knows that his nominee or appointee lacks the qualifications at the time he made the nomination or appointment Offender is a public officer Solicits or makes immoral or indecent advances to a woman That such woman must be: a. Interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer; or b. Under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest; or c. The wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender

1. 2.

234 Refusal to Discharge Elective Office 235 Maltreatment of Prisoners

3. 1. 2. 3. 1. 2. 3.

That the offender is a public officer That a competent authority demands from the offender that he land his cooperation towards the administration of justice or other public service That the offender fails to do so maliciously Offender is elected by popular election Refuses to be sworn in or to discharge duties No legal motive for such refusal to be sworn in or to discharge the duties of said office Offender is a public officer or employee Has under his charge prisoner / detention prisoner Maltreats such prisoner in either of the ff manners: a. overdoing correction or handling either i. imposition of punishments not authorized by the regulations, or ii. inflicting authorized punishments in a cruel and humiliating manner b. Maltreating prisoner to extort a confession or to obtain some information from the prisoner Offender is entitled to hold a public office or employment, either by election or appointment LAW requires that he should first be sworn in and/or should first give a bond Assumes performance of duties and powers He has not taken oath and/or given bond required Offender is holding a public office Period provided by law, regulations or special provisions for holding such office, has expired Continues to exercise duties and powers Offender is a public officer Formally resigns from his position Resignation has not yet been accepted Abandons his office to detriment of public service

1. 2. 3. 4. 1. 2. 3.

245 Abuses Against Chastity

236 Anticipation of Duties of Public Office

1. 2. 3. 4. 1. 2. 3. 1. 2. 3. 4.

237 Prolonging Performance of Duties and Powers 238 Abandonment of Office or Position

239 Usurpation of Legislative Powers 240 Usurpation of Executive Functions 241 Usurpation of Judicial Functions

Qualifying Circumstance: if done in order to evade discharge of duties of preventing, prosecuting or punishing any of the crimes falling within Title One, and Chapter One of Title 3 of Book 2 (Crimes against National Security and Law of Nations and Crimes against Public Order) 1. That the offender is a executive or judicial officer 2. That he makes general rules or regulations beyond the scope of his authority, or attempts to repeal a law, or suspends the execution thereof 1. That the offender is a judge 2. That he assumes a power pertaining to the executive authorities, or obstructs the executive authorities in the lawful exercise of their powers 1. That the offender is an officer of the executive branch of the government 2. That he assumes judicial powers, or obstructs the execution of any order or decision rendered by any judge within his jurisdiction

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 Bribery 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

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 21 of 41 promised; while in crime of prevaricacion this element is NOT necessary Direct Bribery Distinguished from Indirect Bribery
Direct Bribery agreement offender agrees to perform or performs an act or refrains from doing something, because of the gift or promise Mere agreement consummates Indirect Bribery no agreement it is NOT necessary that the officer should do any particular act or even promise to do any act, as it is enough that he accepts gifts offered 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