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PROPERTY
Robbery
The person from whom the personal property is taken need not be
the owner.
Even the owner of the property may be guilty of robbery when, for
instance, he takes from the possession of a bailee, with the intent to
charge the bailee with its value. (U.S v. Albao)
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 1
a.
The violence must be against the person of the offended party, not
upon the thing taken because the Art. 293 states that the taking of
any personal property belonging to another must be, among other
means be means of violence against any person.
The general rule is that violence or intimidation must be present before
the taking of personal property is complete.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 2
In defining the special complex crimes under Art. 294 (1), (2) and (3),
the phrase by reason or accompanied by is used, which indicates
that even if the violence resulting in homicide, rape, intentional
mutilation, or serious physical injuries is used by the offender after the
taking of personal property belonging to another, the crime is still
robbery complexed with any of those crimes.
But the taking of personal property need not be immediately after the
intimidation.
Using force upon anything.
But the use of force upon things will not make the taking of personal
property robbery, if the accused never entered a house or building.
But such entrance into the building is not necessary when the
robbery:
o is committed by breaking wardrobes, chests, or any other
kind of locked or sealed furniture or receptacle inside an
inhabited house, a public building or an edifice devoted to
religious worship, or
o by taking such furniture or objects away to be broken or
forced open outside, or
o in an uninhabited building, other than a public building or
edifice devoted to religious worship, is committed by
breaking any wardrobe, chest, or any sealed or closed
furniture or receptacle, or
o by removing a closed or sealed receptacle even if the same
be broken open elsewhere. (Art. 302, pars. 4 and 5)
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 3
Art. 48, defining complex crime, does not apply to the crimes Art. 294
covers. Art. 48 applies only when a complex crime is not punished
with a specific penalty.
Art. 294 provides a specific penalty for each kind of robbery with
violence against persons. There is only 1 penalty prescribed even if 2
crimes are committed.
Where the victim was killed on the occasion when the accused were
taking personal property from the formers house, the offense is
robbery with homicide, not theft and homicide. (People v. Mabasa)
Robbery and homicide are separate offenses when the homicide was not
committed on the occasion or by reason of the robbery.
Conviction requires certitude that the robbery was the main purpose
and objective of the criminals and that the killing was merely
incidental, resulting merely by reason or on the occasion of the
robbery. (People v. Salazar)
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 4
The juridical concept of robbery with homicide does not limit the taking
of life to a single victim or to ordinary homicide.
Thus, when the accused first asked for permission to enter the house
and asked for food from the victims in the house, and the when
already inside began to kill the victims, the entrance is not with force
upon things. But when they had the intention to take personal
property in the house which was the reason for killing the victims, and
in fact took away personal property, they committed robbery with
homicide. (U.S. Villorente)
An intent to take personal property belonging to another with intent to
gain must precede the killing.
But when the intent to commit robbery preceded the taking of human
life, it is immaterial that the offenders had also a desire to avenge
grievances against the person killed. They are liable for the special
complex crime of robbery with homicide. (People v. Villorente and
Bislig)
Killing first the victim and then afterwards taking the money from the
body of the deceased is robbery with homicide. But the offender must
have the intent to take personal property before the killing. (People v.
Hernandez)
Killing the victim after taking him out to sea several hours after the
robbery was committed in another place, is still robbery with
homicide. (People v. Ibaez)
When all homicides were perpetuated with the sole end of removing
opposition to the robbery or suppressing evidence thereof, it is
robbery with homicide. (People v. Madrid)
Third: Homicide, necessary to defend possession of stolen goods.
When the accused were coming out of the store and were carrying
away the stolen goods, the deceased stopped and attacked them.
Some of the offenders returned the attack and killed the deceased.
The homicide is committed to defend the possession of the stolen
property, hence robbery with homicide. (People v. Salamuddin)
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 5
The crime is still robbery with homicide if the killing took place
practically in the course, if not as a necessary consequence, of the
commission of the robbery, such as when in the middle of a general
alarm, a passerby is killed by a running robber. (People v. Gardon)
Is it robbery with homicide if the person killed is a robber himself?
The law does not require that the victim of the robbery be also the
victim of the homicide. (People v. Carunungan)
It is robbery with homicide even if the death of a person supervened by
mere accident.
People v. Genoguin
When homicide is not proved, the crime is only robbery.
The law uses the phrase when the robbery shall have been
accompanied by rape.
But like in robbery with homicide, the offender must have the intent to
take personal property belonging to another with intent to gain, and
such intent must precede the rape.
Rape committed on the occasion of the robbery.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 6
People v. Buena
Additional rapes committed on the same occasion of robbery will not
increase the penalty.
If the rape was the primary objective of the accused and his taking of
the personal property of the victim was not with intent to gain but just
to have some tokens of her supposed consent to the act, that
accused committed 2 distinct crimes of rape and unjust vexation.
(People v. Villarino)
Civil liability for robbery with rape.
Offender should pay the value of the stolen property and indemnify
the offended party for damages.
The violence need not result in serious physical injuries. All that the
st
1 clause of Art. 294 (4) requires is that the violence be unnecessary
for the commission of robbery. (People v. Manzanilla)
When the violence was for the purpose of compelling the victim to
show where the latter placed the money, the violence was essential
to the commission of robbery if there was no other way to ascertain
the location of the money. (U.S. v. De los Santos)
Inflicting serious physical injuries defined in Art. 263 subdivisions (3)
and (4) upon any person not responsible for its commission.
If they were inflicted after the taking of the personal property had
been complete, the serious physical injuries mentioned should be
considered as a separate offense.
When the injury inflicted upon the offended party on the occasion of
robbery can be qualified only as less serious physical injuries or slight
physical injuries, the crime is under Art. 294 (5).
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 7
T: conditional or future
o Manner of intimidation
R: personal
R: immediate
T: not immediate
Mode of deprivation
o R: victim is deprived of his money or property by force or
intimidation.
o B: victim part with his money or property in a sense
voluntarily. (U.S. v. Flores)
When it is not certain that the victim committed a crime.
If any of the offenses defined in Art. 294 subdivisions (3), (4), (5) is
committed:
o In an uninhabited place, or
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 8
o
o
o
o
By a band, or
By attacking a moving train, street car, motor vehicle, or
airship, or
By entering the passengers compartments in a train, or in
any manner taking the passengers thereof by surprise in the
respective conveyances, or
On a street, road, highway, or alley, and the intimidation is
made with the use of firearms, the offender shall be
punished with the maximum periods of the proper penalties
Art. 294 prescribes.
it
cannot
be
offset
by
generic
mitigating
Art. 295 provides for different cases in which robbery with violence
against or intimidation of persons is qualified.
It is only when the robbery is in a band that all those present in the
commission of the robbery may be punished for any of the assaults
which any of its members might commit. (People v. Pelagio)
But when there is conspiracy to commit homicide and robbery, all the
conspirators, even if less than 4 armed men, are liable for the special
complex crime of robbery with homicide.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 9
A principal by inducement, who did not go with the band at the place
of the commission of the robbery, is not liable for robbery with
homicide, but only for robbery in band, there being no evidence that
he gave instructions to kill the victim or intended that this should be
done.
But the principal by induction would be liable for the homicide or other
crimes that might have resulted, if he also ordered the killing of a
particular person or anyone who would resist the robbery, or the
commission of other crimes.
Conspiracy was for robbery only but homicide was also committed on
the occasion thereofall members of the band are liable for robbery with
homicide. (People v. Escober)
Proof of conspiracy is not necessary when 4 or more armed persons
committed robbery.
It would still be robbery with homicide under Art. 294 (1), but by a
band would be considered as an ordinary aggravating circumstance.
(People v. Apduhan)
Robbery by a bandall are liable for any assault committed by the band,
unless the others attempted to prevent the assault. (People v. Garduque)
When rape is not considered any of the assaults committed by the
band.
When in the course of the robbery by a band, one of the robbers took
the offended woman to a place away from the house where the
robbery was committed, and the robber raped her without the
Art. 295 does not make a distinction as regards the firearm used in
making the intimidation to commit robbery.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 10
Acts successfully executing the robbery were done but due to some
circumstance independent of the will of the accused, the robbery was
not consummated. (People v. Ramirez)
Art. 296 is applicable to attempted robbery with homicide by a band.
All are liable for the crime of attempted robbery with homicide, even if
some of the accused did not enter the house and take part in the
assault. (People v. Morados)
Special complex crime.
There is only one crime of attempted robbery with homicide even if slight
physical injuries were inflicted on other persons on occasion or by
reason of the robbery.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 11
The person liable for this kind of robbery does not use violence
against or intimidation of any person in taking personal property
belonging to another with intent to gain, for, otherwise, he will be
liable under Art. 294.
Committed only when either:
o The offender entered a house or building by any of the
means specified in Art. 299 or Art. 393, or
o Even if there was no entrance by any of those means, he
broke a wardrobe, chest, or any kind of locked or closed or
sealed furniture or receptacle in the house or building, or he
took it away to be broken or forced open outside.
d.
3.
The offender must enter the house or building in which the robbery is
committed.
What are the two kinds of robbery with force upon things?
1. Robbery in an inhabited house or public building or edifice devoted to
religious worship (Art. 299)
2. Robbery in an uninhabited place or in a private building (Art. 302)
One essential requisite of robbery with force upon things under Arts. 299
and 302 is that the malefactor should enter the building or dependency
where the object to be taken is found.
What makes a building public is not its inauguration for the purpose
intended, but the fact of the state or any of its agencies having the
title thereto. (People v. Constantino)
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 12
E.g. church
Any of the four means described in Art. 299 subd. (a) must be resorted to
by the offender to enter a house or building, not to get out.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 13
Else, it will come under Art. 294 (bolo with violence or intimidation).
Even those without arms are liable to the same penalty.
The possibility that the inhabitants in the dwelling house might suffer
bodily harm during the commission of the robbery. (U.S. v. Bajet)
ART. 300: Robbery in an uninhabited place and by a band.
Robbery in an inhabited house, public building or edifice devoted to
religious worship is qualified when committed by a band and in an
uninhabited place.
The inhabited house, public building, or edifice devoted to religious
worship must be located in an uninhabited place.
Three requisites:
o Must be contiguous to the building;
o Must have an interior entrance connected therewith;
o Must form part of the whole.
Orchards and lands used for cultivation, not dependencies. (Art. 301,
par. 3)
ART. 302: Robbery in an uninhabited place or in a private building
Elements:
1. that the offender entered an uninhabited place or a building which
was not a dwelling house, not a public building, or not an edifice
devoted to religious worship.
2. That any of the following circumstances was present:
a. The entrance was effected through an opening not intended
for entrance or egress;
b. A wall, roof, floor, or outside door or window was broken;
c. The entrance was effected through the use of false keys,
picklocks or other similar tools;
d. A door, wardrobe, chest, or any sealed or closed furniture or
receptacle was broken; or
e. A closed or sealed receptacle was removed, even if the
same be broken open elsewhere.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 14
The place where the robbery is committed under Art. 302 must be a
building which is not an inhabited house or public building or edifice
devoted to religious worship.
Art. 302 (4) and (5) do not require that the offender must have
entered the uninhabited building through an opening not intended for
entrance or egress, or after breaking a wall, roof, floor, door or
window, or through the use of tools because the word entrance in
pars. 1 and 3 is not used in pars. 4 and 5.
Unvailing of cloth over door of freight car is breaking by force. (U.S. v.
Magsino)
Use of fictitious name or pretending the exercise of public authority, not
in Art. 302.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 15
Higher liability. If not a locksmith, the penalty is the same as that for a
mere possessor.
ART. 305: False keys
Possession of false keys in Art. 305 (2) and (3), not punishable.
Art. 305 merely defines false keys. It is Art. 304 that punishes it.
Indiscrimate
ART. 306: Who are brigands.
There is brigandage when:
1. there be at least four armed persons;
2. they formed a band of robbers;
3. the purpose is any of the following:
a. to commit robbery in the highway; or
b. to kidnap persons for the purpose of extortion or to obtain
ransom; or
c. to attain by means of force and violence any other purpose.
The existence of any of the purposes mentioned in Art. 306 is sufficient.
The purpose of the band must be: (1) to commit robbery in the highway,
or (2) to kidnap persons for the purpose of extortion or obtaining
ransom, or (3) any other purpose to be attained by means of force and
violence.
Evidence must be show that the band was organized for any of the
purposes mentioned in Art. 306. (U.S. v. Caneta)
But if the accused were members of a lawless band and that the
firearms possessed by them were unlicensed, it is presumed that they
were highway robbers or brigands. (People v. De la Rosa)-- > ruling
based on Art. 306 (3)
Presumption of law as to brigandage: all are presumed highway robbers
or brigands, if any of them carries unlicensed firearm.
The arms carried by the members of the band of robbers may be any
deadly weapon.
Main object of law is to prevent formation of band of robbers.
The heart of the offense consists in the formation of the band by four
or more persons conspiring together for the purpose of robbery in the
highway, or kidnapping persons for extortion or to obtain ransoms, or
for any other purpose to be attained by means of force and violence,
and such formation is sufficient to constitute a violation of the law.
(U.S. v. Decusin)
The only things to prove are:
1. that there is an organization of more than three armed persons
forming a band of robbers;
2. that the purpose of the band is any of those enumerated in Art. 306;
3. that they went upon the highway or roamed upon the country for that
purpose;
4. that the accused is a member of such band.
The term highway includes city streets.
If the act or acts committed are punishable by higher penalties in which
case, they shall suffer such high penalties.
Brigandage v. Robbery in Band
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 16
Theft
Committed by any person who, with intent to gain but without violence
against or intimidation of persons nor force upon things, shall take
personal property of another without the latters consent.
Elements:
1. that there is a band of brigands;
2. that the offender knows the band to be of brigands;
3. that the offender does any of the following acts:
a. he in any manner aids, abets or protects such band of
brigands; or
b. he gives them information of the movements of the police or
other peace officers of the government; or
c. he acquires or receives the property taken by such brigands.
T: the offender does not use violence or intimidation or does not enter
a house or building through any of the means specified in Arts. 299 or
302 in taking personal property of another with intent to gain.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 17
The theft was consummated when the culprits were able to take
possession of the thing taken by them. It is not an indispensable
element of theft that the thief carry, more or less far way, the thing
taken by him from its owner. (People v. Jaranilla)
There is no crime of frustrated theft.
Must have the intention of placing the property taken under his
control.
There is taking even if the offender received the thing from the
offended party.
The unlawful taking may occur at or soon after the transfer of physical
possession (not juridical possession) of the thing to the offender. The
actual transfer of possession may not always and by itself constitute
the unlawful taking, but an act done soon thereafter by the offender
which may result in unlawful taking or asportation. In such case, the
article is deemed to have been taken also, although in the beginning,
it was in fact given to, and received by, the offender. (People v.
Roxas)
Personal property.
A promisory note and check may be the object of theft, because while
they may not be of value to the accused, they undoubtedly are of
value to the offended party. (People v. Koc Song)
One who takes personal property openly and avowedly under claim of
title made in good faith is not guilty of theft even though the claim of
ownership is later found to be untenable. (People v. Lozada)
There is theft even if defendant did not take the personal property for
his own use. (People v. Santos)
Joy ride or using car of another to learn how to drive is sufficient gain
because by using it, real gain is derived from its utility, satisfaction,
enjoyment and pleasure. (People v. Fernandez)
Is there intent to gain when the employee took the papers of his
employer and delivered them to the government investigators as an act
of revenge?
Yes. By the word gain is meant not only the acquisition of a thing
useful to the purpose of life but also the benefit which in any other use
may be derived or expected from the act which is performed.
Actual or real gain, not necessary in theft.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 18
The law does not say without the knowledge of the owner of the
thing taken. Hence, even if the owner knew the taking, but he did
not consent to it, the accused is still liable for theft.
Allegation of owners lack of consent cannot be dispensed with in
charging an ordinary theft.
For theft to exist, it sufficient that consent on the part of the owner is
lacking. (People v. Chan)
The taking of personal property belonging to another must be
accomplished without violence against or intimidation of person.
Considering that the victim was already heavily wounded when his
personal properties were taken, there was no need to employ
violence against or intimidation upon his person, therefore, accused is
only guilty for the separate offense of theft. (People v. Basao)
It is not robbery when violence is for a reason entirely foreign to the fact
of taking.
If the offended party was tied for a different reason entirely foreign to
the act of taking his money, it is only theft. (U.S. v. Birueda)
It is necessary to prove:
o The time of the seizure of the thing;
o That it was a lost property belonging to another; and
o That the accused having had the opportunity to return or
deliver the lost property to its owner or to the local
authorities, refrained from doing so. (People v. Jerusalem)
Delay in the delivery of lost property to the local authorities is immaterial,
when the finder surrendered it voluntarily to the owner when the latter
came to his house to get it.
Art. 308 (1) is not limited to actual finder.
The finder of lost property has only the physical possession of the
property. The person who received it from the finder cannot have
juridical possession of the property.
The law does not require knowledge of the owner of the lost property.
As long as the accused knew or had reason to know that the property
was lost, it is his duty to turn it over to the authorities, regardless of
WON he knew who was the owner of the lost property. (People v.
Panotes)
Intent to gain is inferred from deliberate failure to deliver the lost
property to the proper person.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 19
Hunting, fishing or gathering fruits, etc., in enclosed estate (Art. 308, par.
3)
Elements:
1. that there is an enclosed state or a field where trespass is forbidden
or which belongs to another;
2. that the offender enters the same;
3. that the offender hunts or fishes upon the same or gathers fruits,
cereals or other forest or farm products in the estate or field; and
4. that the hunting or fishing or gathering of products is without the
consent of the owner.
Fishing should not be in the fishpond within the field or estate.
Because the gist of the offense of larceny consists in the furtive taking
and asportation of property, amino lucrandi and with intent to deprive
the offender of the possession thereof. Since the thieves effectively
deprived the owner of the possession of the entire automobile, the
offense of larceny comprised the whole car. The deprivation of the
owner and the trespass upon his right of possession were complete
as to the entire car. (People v. Carpio)
Note: The rule will be different if the automobile was not taken away
from the place where it was parked and only the tires were removed.
In this case, the thieves will be liable only for the value of the tires.
The court may also take judicial notice of its value in the proper
cases. (People v. Dela Cruz)
When the resulting penalty for the accessory in theft has no medium
period, the court can impose the penalty which is favorable to the
accused.
When after lowering the penalty for theft by 2 degrees, the resulting
penalty is destierro in its maximum period to arresto mayor in its
minimum period, there being no medium or middle ground between
the 2 penalties the court can impose either one or the other, but 1
month and 1 day of arresto mayor is preferable, it being more
favorable to the accused. (Cristobal v. People)
ART. 310: Qualified theft.
Theft is qualified:
1. If the theft is committed by a domestic servant.
2. If the theft is committed with grave abuse of confidence.
3. If the property stolen is a:
a. Motor vehicle;
b. Mail matter; or
c. Large cattle.
4. If the property stolen consists of coconuts taken from the premises of
a plantation.
5. If the property stolen is fish taken from a fishpond or fishery.
6. If property is taken on the occasion of fire, earthquake, typhoon,
volcanic eruption, or any other calamity, vehicular accident or civil
disturbance.
Offender is liable for theft of whole car taken to another place, even if
tires only are taken away.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 20
The penalties for qualified theft are now next higher by 2 degrees that
those respectively specified in the next preceding article. (Art. 310, as
amended)
Theft by domestic servant is always qualified.
The fact of living together in the same house may be accidental and
the goods stolen might not have been entrusted to the custody or
vigilance of the accused. (People v. De la Cruz)
Theft by laborer is not qualified theft.
A truck driver who takes the load of his truck, or a shepherd who
takes away and converts to his own use sheep under his care, is
guilty of qualified theft (with grave abuse of confidence), not estafa.
The truck driver who took and sold part of the gasoline requisitioned
for the use of the truck by its owner, through said driver, is guilty of
qualified theft of the gasoline taken. (People v. Batoon)
Security guards who steal from a bonded warehouse where they are
hired to watch commit the crime of qualified theft (with grave abuse of
confidence), even though they are hired and paid by the warehousing
firm and not by the owner of the goods stolen. (People v. Regamit)
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 21
Not theft because there is no intention of acquiring the car for oneself
or of subjecting it to his control and dominion or of disposing of it for
gain or profit.
Theft of motor vehicle is punished uner RA 6539 (Anti-Carnapping Act),
not by the provisions on qualified theft or robbery.
But when the motor vehicle is not operated as a public utility and the
same is leased by the owner to the accused who sold the same, the
crime is estafa, not qualified theft. (People v. Noveno) This is
because the motor vehicle was received under a contract of lease.
If the property stolen is mail matter.
What makes the theft of mail matter qualified is the fact that the
subject thereof is mail matter, regardless of whether the offender is a
postal employee or a private individual. (Marcelo v. Sandiganbayan)
Is it qualified theft if the mail matter is taken from the possession of the
addressee?
Law is silent on this point. All the law says is if the property stolen is
mail matter.
Theft of large cattle.
But if the offender killed the cow because of revenge as the cow was
killed because it destroyed the plants of the accused, he crime is
malicious mischief, not simple or qualified theft. (People v. Valiente)
Theft of large cattle by the person who received it.
When the accused borrowed a cattle to plow a field and later sold the
cattle, it is estafa, not qualified theft because the cattle was received
under the contract of commodatum. The accused had the juridical
possession of the animal when he sold it.
But when the accused slaughtered a cattle under his car and took
the meat, he is guilty of qualified theft because he had merely the
physical possession of the cow, the legal possession therefor being
in the owner. (People v. Bangay)
Taking at the same time several cows is only one crime of qualified
theft because the intention as well as the criminal act is not
susceptible of division. (People v. Tumlos)
Anti-Cattle Rustling Law of 1974 (PD 533)
The stealing of coconuts when they are still in the tree or deposited
on the ground within the plantation is qualified theft. (People v.
Esmillo)
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 22
Fencing is the act of any person who, with intent to gain for himself or
for another, shall buy, receive, possess, keep, acquire, conceal sell or
dispose of, or shall buy and sell or in any other manner deal in any
article, item, object or anything of value which he knows, or should be
known to him, to have been derived from the proceeds of the crime of
robbery or theft.
Elements:
1. The crime of robbery or theft has been committed.
2. The 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 the said crime.
3. The accused knows or should have known that the said article, item,
object or anything of value has been derived from the proceeds of the
crime of robbery or theft.
4. There is, on the part of the accused, intent to gain for himself or
another. (Dizon-Pamintuan v. People)
Presumption of fencing.
Before PD 1612, a fense could only be prosecuted for and held liable
as an accessory.
The state may choose to prosecute the accused either under the
RPC or PD 1612.
ART. 311: Theft of the property of the National Library and National
Museum.
Theft of property on National Library and Museum has a fixed penalty
regardless of its value.
if the defendant has shown that he was the owner of the land in
question and the offended party was a mere possessor, Art. 312 is
not applicable. (U.S. v. Fuster)
Thus, if the accused took possession of the land of the offended party
through other means, such as strategy or stealth, during the absence
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 23
Art. 312 does not apply when the violence or intimidation took place
subsequent to the entry into the property because the violence or
intimidation must be the means used in occupying real property or in
usurping real rights.
Art. 312 is not applicable to a case of open defiance of the writ of
execution issued in the forcible entry case.
Art. 312 does not provide the penalty of imprisonment for the crime of
occupation of real property or usurpation of real rights in property.
The penalty is only a fine. However, the offender who may have
inflicted physical injuries in executing acts of violence shall suffer the
penalty for physical injuries also.
Occupation of Real Property, etc. v. Theft or Robbery.
1. While there is taking or asportation in theft or robbery, there is
occupation or usurpation in this crime.
2. In theft or robbery, personal property is taken; in this crime, there is
real property or real right involved.
3. In both crimes, there is intent to gain.
RA 947 punishes entering or occupying public agricultural land including
public lands granted to private individuals.
The word abscond does not require that the debtor should depart
and physically conceal his property. Hence, real property could be the
subject matter of fraudulent insolvency. (People v. Chong Chuy
Limgobo)
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 24
The fact of participation does not prove ones complicity in the fraud.
(People v. Tan Diong)
Fraudulent insolvency v. Insolvency law.
The Insolvency law requires for its application that the criminal act
should have been committed after the institution of insolvency
proceedings. Under Art. 314, there is no such requirement, and it is
not necessary that the defendant should have been adjudged
bankrupt or insolvent.
CHAPTER
DECEITS
SIX:
SWINDLING
AND
OTHER
Under Art. 315, (1)(a), the obligation to deliver already existed, and
the offender, on making the delivery, has altered the substance,
quantity or quality of the thing he delivered. (People v. gAnsai)
By virtue of an onerous obligation.
Thus, if the thing delivered had not been fully or partially paid for
when it was received by the other party, the person making the
delivery is not liable for estafa, even if there was an alteration of the
substance, quantity, or quality of the thing delivered as there was no
damage caused.
When there is no agreement as to the quality of the thing to be delivered,
the delivery of the thing not acceptable to the complainant is not estafa.
Even though such obligation be based on an immoral or illegal
consideration.
Elements of estafa with abuse of confidence under Art. 315, (1) (b):
1. the money, goods, or other personal property be received by the
offender in trust, or on commission, or for administration, or under any
other obligation involving the duty to make delivery of, or to return, the
same;
2. that there be misappropriation or conversion of such money or
property by the offender, or denial on his part of such receipt;
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 25
3.
If the offender takes the thing without the consent of the owner, the
crime may be theft, not estafa.
Money, goods or other personal property must be received by the
offender under certain kinds of transaction transferring juridical
possession to him.
When the thing is received by the offender from the offended party:
o In trust, or
o On commission, or
o For administration,
the offender acquires both material or physical possession and
juridical possession of the thing received.
Meaning of juridical possession.
A possession which gives the transferee a right over the thing which
the transferee may set up even against the owner.
Presumption as to kind of possession.
When the delivery of a chattel has not the effect of transferring the juridical
possession thereof, or title thereto, it is presumed that the possession of, and
title to, the thing so delivered remain in the owner. (U.S v. De Vera)
1. The thing was received in trust:
Failure to turn over to the bank the proceeds of sale of goods covered by
trust receipts is estafa.
The thing received must be the same thing to be delivered, and not
another. (U.S. v. Figueroa)
3. The thing was received for administration:
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 26
The advance or part payment of the price of the thing sold, but not yet
delivered, becomes the property of the seller. If the thing sold is not
delivered and the advance or part payment of the price is not
returned, there is only civil liability. (People v. Ma Su)
Provisions of the Civil Code.
The novation theory may perhaps apply prior to the filing of the
criminal information in court by the state prosecutors, because up to
that time, the original trust relation may be converted by the parties
into an ordinary creditor-debtor situation, thereby placing the
complainant in estoppel to insist on the original trust. But after the
judicial authorities have taken cognizance of the crime and instituted
action in court, the offended party may no longer divest the
prosecution of its power to exact the criminal liability, as distinguished
from the civil. The crime being an offense against the state, only the
latter can renounced it. (People v. Nery)
Acceptance of promissory note or extension of time for payment does
not constitute novation.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 27
Estafa by conversion.
the fact that an agent sold the thing received on commission for a
lower price than the one fixed, does not constitute estafa. (U.S. v.
Torres)
The better rule is that selling the thing on credit is estafa.
A conviction for estafa under Art. 315 (1) (b) cannot be sustained
against a person, be the agent, partner, or whatnot, who has in good
faith retained the property committed to his care for the purpose of
necessary self-protection against his principal in civil controversies
arising between the two with reference to the same or related matter.
(U.S. v Berbari)
Can the agent with a right to a commission who collected money for the
principal be held liable for estafa, if he failed to turn over that part of his
collection to the latter?
It depends.
o If the agent is authorized to retain his commission out of the
amounts he collected, there is no estafa. (People v. Aquino)
o Otherwise, he is guilty of estafa, because the right to a
commission does not make the agent a joint owner, with a
right to the money collected. (People v. Leacnon)
Estafa by denying having received the thing.
Third element of estafa with abuse of confidence.
Art. 315 (1)(b) does not include money received for a partnership.
Failure of partner to account for partnership funds may give rise to a civil
obligation only, not estafa.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 28
A co-owner is not liable for estafa, but he is liable if, after the termination
of the co-ownership, he misappropriates the thing which has become the
exclusive property of the other.
But when the money or property had been received by a partner for
specific purpose and he later misappropriated it, such partner is guilty of
estafa.
This is the only kind of estafa under Art. 315, where demand may be
required.
The demand to fulfill the trust or return the thing received must be
made formally and before the action is filed. (People v. Pendon)
Exceptions:
o If the offender is in hiding, prior demand is not necessary to
institute the criminal action because the disappearing act is
a clear indication of a premeditated intention to abscond with
the thing he received from the offended party. (People v.
Villegas)
o Where the receipt signed by the accused stipulated that he
should turn over the proceeds of the sale or make an
accounting thereof on a specified date, it in itself was a
In theft, the offender takes the thing; in estafa, the offender receives
the thing from the offended party.
If in receiving the thing from the offended party, the offender acquired
also the juridical possession of the thing, and he later
misappropriated it, he is guilty of estafa.
In estafa, the offender receives the thing--- he does not take the thing
without the consent of the owner.
The test to distinguish estafa from theft.
In theft, the delivery of the thing to the offender, the owner expects an
immediate return of the thing to him.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 29
When the owner does not expect the immediate return of the thing he
delivered to the accused, the misappropriation of the same is estafa.
Exception:
A was entrusted with blank papers with Bs signature. C stole one and
wrote a transaction that made B liable. This is not estafa because C,
not having been entrusted with the signature in blank, could not have
acted with abuse of confidence, which is the element of this form of
estafa.
Estafa by means of deceit. (Art. 315, subds. 2 and 3)
The second and third forms of estafa defined in subds. 2 and 3 are
committed by means of deceit. It is committed either by means of
false pretense or fraudulent act, or through fraudulent means.
Elements of estafa by means of deceit:
1. That there must be a false pretense, fraudulent act or fraudulent
means;
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 30
2.
3.
4.
There is use of fictitious name when a person uses a name other than
his real name. (People v. Yusay)
Estafa by falsely pretending to possess power.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 31
This is committed by any person who would ask money from another
for the alleged purpose of bribing a government employee, when in
truth and in fact the offender intended to convert the money to his
own personal use and benefit.
If the accused really gives the money to the public officer, the crime is
corruption of public officer.
Without prejudice to the action for calumny which the offended party
may bring against the offender.
In addition to estafa, the offender may still be liable for the crime of
defamation which the government employee allegedly bribed may
deem proper to bring against the offender.
Estafa by means of fraudulent acts.
The acts must be fraudulent.
To constitute estafa under Art. 325 (2) (d), the issuance of a check
should be the means to obtain money or property from the payee.
(People v. Reyes)
The accused must be able to obtain something from the offended party
by means of the check he issues and delivers.
Exception: When the check is issued not in payment of an obligation.
When postdated checks are issued and intended by the parties only as
promissory notes, there is no estafa even if there are no sufficient funds
in the bank to cover the same.
When the check is issued by a guarantor, there is no estafa.
The mere fact that the drawer had insufficient or no funds in the bank
to cover the check at the time he postdated or issued a check, is
sufficient to make him liable for estafa.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 32
it appearing that a few days before the due date, foreseeing his
inability to raise the amount of the check, the accused went to see the
complainant and asked him not to present the check to the bank for
collection and at the same time offered to pay the amount thereof in
installments, to which the latter agreed. (People v. Villapondo)
One who got hold of a check issued by another, knowing that the
drawer had no sufficient funds in the bank, and used the same in the
purchase of goods, is guilty of estafa. (People v. Isleta)
The law has made the mere act of issuing a bum check a malum
prohibitum.
The check may be made or drawn and issued to apply on account or for
value.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 33
Knowing at the time of issue that he does not have sufficient funds in or
credit with the drawee bank.
BP 22 requires that the person who made or drew and issued the
check knew at the time of issue that he did not have sufficient funds
in or credit with the drawee bank for the payment of such check in full
upon its presentment.
If he had sufficient funds in or deceit with the drawee bank at the time
he issued the check, but later he withdrew all his funds from or lost or
credit with the drawee bank, is he liable if the check is subsequently
dishonored? No, but he may be liable under Sec. 1 (2), if he fails to
keep sufficient funds or to maintain a credit to cover the full amount of
the check.
The order to the bank to stop payment of the check must be without
any valid reason.
It is no defense either that the check was not actually dishonored, for
the fourth element mentions two alternatives, namely:
o That the check is subsequently dishonored, or
o That it would have been dishonored had not the drawer
ordered the bank to stop payment.
Hence, the possibility that the check would have been dishonored by
the drawee bank for insufficiency of funds or credit had not the
drawer, without any valid reason, ordered the bank to stop payment,
is sufficient.
That were there are no sufficient funds in or credit with such drawee
bank, such fact shall always be explicitly stated in the notice of
dishonor or refusal. A mere oral notice or demand to pay would
appear to be insufficient for conviction under the law. (Damagsang v.
CA)
No disputable presumption of knowledge of insufficiency of funds when
there is no receipt of notice of dishonor.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 34
The offender must induce the offended party to sign the document. If
the offended party is willing and ready from the beginning to sign the
document and there is deceit as to the character or contents of the
document because the contents are different from those which the
offended party told the accused to state in the document, the crime is
falsification.
Deceit must be employed.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 35
The basis of the penalty in estafa is the amount or the value of the
property misappropriated and not delivered or returned before the
institution of the criminal action. (People v. Pagayon)
Acceptance of partial payment by the offended party or the amount
misappropriated by the accused is not one of the means of
extinguishing criminal liability under Art. 89. (People v. Gervacio)
True buildings (not ones merely superimposed on the soil) are real
property by incorporation, whether they be erected by the owner of
the land or by a usufructuary or lessee. (People v. Buencamino)
There must be existing real property.
Art, 316 (1) penalizes only a person who pretends to be the owner
and not one who claims to be the owner. Where the accused claims
to be the owner of a land, and especially where his ownership is
evidenced by a certificate of title, it cannot be said that he pretended
to be the owner thereof, even if his ownership is defective and he
may be compelled to return the property to the person found to be the
owner of the property. (People v. Adriatico)
Even if the deceit is practiced against the second purchaser and the
damage is incurred by the first purchaser, there is violation of Art. 316
(1).
Is intent to cause damage sufficient?
No. Mere intent to cause damage is not sufficient since the penalty of
fine prescribed by Art. 316 is based on the value of the damage
caused. There must be actual damage caused by the act of the
offender.
Art. 316 (1) v. Art. 315 (2) (a)
Art. 316 (1) covers a specific situation where the offender exercises
or executes, as part of the false representation, some act of dominion
or ownership over the property to the damage and prejudice of the
real owner of the thing. This circumstance need not be present for a
crime committed under Art. 315 (2)(a). (People v. Suratos)
Par. 2: by disposing of real property as free from encumbrance, although
such encumbrance be not recorded.
Elements:
1. That the thing disposed of be real property;
2. That the offender knew that the real property was encumbered,
whether the encumbrance is recorded or not;
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 36
3.
4.
Includes every right or interest in the land which exists in favor of third
person.
The mere fact that the encumbered real property is disposed of again
by the owner does not in itself constitute swindling or a violation of
Art. 316. It is necessary to prove that there was fraud or deceit in the
second disposition. The vendor must have made express
representations to the second buyer that the property was ree from
encumbrance. Fraud cannot be presumed from the mere fact that
there was a second sale. The law does not prohibit the sale of
encumbered real property. What is penalized is the fraud or deceit
committed by the vendor in representing that the property is not
encumbered. (People v. Gurango)
When the third element is not established, there is no crime.
The fraud contemplated in the law must be the result of some overt
acts. There must be express representation that the real property is
free from encumbrance. Silence as to such encumbrance does not
involve a crime. (People v. Buencamino)
There must be damage caused.
But it is not necessary that the act be made to the prejudice of the
owner of the land. (People v. Luzentales)
Par. 3: By wrongfully taking by the owner his personal property from its
lawful possessor.
Elements:
1. That the offender is the owner of personal property;
2. That said personal property is in the lawful possession of another;
3. That the offender wrongfully takes it from its lawful possessor; and
4. That prejudice is thereby caused to the possessor or third person.
The offender must be the owner of personal property.
Thus, if the accused did not know that the property he acquired had
been mortgaged and sold the same as free from encumbrance, the
accused is not criminally liable.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 37
a.
b.
c.
The offender must wrongfully take the personal property from its lawful
possessor.
Elements:
1. That the offender takes advantage of the inexperience or emotions or
feelings of a minor;
2. That he induces such minor:
a. To assume an obligation, or
b. To give release, or
c. To execute a transfer of any property right;
3. That the consideration is:
a. Some loan of money, or
b. Credit, or
c. Other personal property; and
4. That the transaction is to the detriment of such minor.
Actual proof of deceit or misrepresentation is not essential, as it is
sufficient that the offender takes advantage of the inexperience or
emotions of the minor.
Real property not included.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 38
Any other kind of conceivable deceit may fall under Art. 318.
If the chattel mortgage does not contain an affidavit of good faith and
is not registered, it is void and cannot be the basis of a criminal
prosecution under Art. 319. (People. Vda. De Agoncillo)
Estafa by hiring and using public vehicle without money to pay the fare.
The deceits in this article include false pretenses and fraudulent acts.
Application of Art. 318.
If the facts of the case are not covered by any of the provisions of
Arts. 315-317, the offense committed come within the meaning and
intendment of the blanket provisions of Art. 318 (1) (a).
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 39
OTHER
NOTE: Arts. 320 to 326-B are repealed or amended by PD 1613. The laws on
arson in force today are PD 1613 and Art. 320, as amended by RA 7659. The
provisions of PD 1613 which are inconsistent with RA 7659 are deemed
repealed.
ART. 320: Destructive arson.
Destructive arson.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 40
a.
b.
c.
Kinds of arson.
1. Simple arson. (PD 1613, Sec. 1)
2. Destructive arson. (Art. 320, as amended by RA 7659)
3. Other cases of arson (PD 1613, Sec. 3)
PD 1613 is the governing law for simple arson.
Malicious mischief.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 41
This means that the offender should act under this impulse of a
specific desire to inflict injury to another.
The obligation to repair or pay for damages is only civil. (Art, 2176 of
the New Civil Code)
The crime of damage to property (malicious mischief) is not determined
solely by the mere act of inflicting injury upon the property of a third
person, but it must be shown that the act had for its object, the injury of
the property merely for the sake of damaging it. (U.S. v. Gerale)
Meaning of damage in malicious mischief.
Damage means not only loss but also diminution of what is a mans
own. Thus, damage to anothers house includes defacing it. (People
v. Asido)
It is theft when there is intent to gain.
Art. 327 does not refer to mischief resulting from a crime, such as the
damages caused by a robber in breaking the window, because such
damages are mere incidents of the crime of robbery, and did not do it
with deliberate or only purpose of causing damages. This may give
rise only to civil liability.
May a person charged with malicious mischief be found guilty of damage
to property through reckless imprudence?
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 42
Mischiefs not included in Art. 328 are punished according to the value
of the damage caused.
If the rails are removed from a railway track to cause destruction the
act constitutes crime involving destruction under Art. 324.
Art. 330 applies to person who cuts telegraph or telephone lines. But
they must pertain to a railway system.
What crime is committed if as a result of the damage caused to railway,
certain passengers of the train are killed?
No criminal, but only civil liability shall result from the commission of
any said crimes, committed or caused mutually by those persons.
(Art. 332, par. 1)
Committed or caused mutually by the persons mentioned in Art. 332.
Art. 332 is applicable only when the offender and the offended party
are relatives and their relationship is any of those mention in Art. 332.
Reason for exemption from criminal liability.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 43
Under Art. 332, as an act of grace, the State waives its right to
prosecute the offender for the said crimes but leaves the private
offended party with the option to hold the offender civilly liable.
However, the plain, categorical and unmistakable language of Art.
332 shows that it applies exclusively to the simple crimes of theft,
swindling and malicious mischi
CHAPTER
ONE:
CONCUBINAGE
ADULTERY
AND
Once it is shown that a man and a woman lived as husband wife, and
none of the parties denied or contradicted the allegation in the
complaint, the presumption of their being married must be admitted
as a fact. (U.S. v. Villafuerte)
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 44
The danger of introducing spurious heirs into the family, where the
rights of the real heirs may be impaired and a man may be charged
with the maintenance of a family not his own. (U.S. v. Mata)
Abandonment without justification is not exempting, but only mitigating
circumstance.
Abandonment could not serve her as an excuse or free her from the
criminal responsibility she incurred by the breach of fidelity she owed
her husband for she had means within the law to compel him to fulfill
the duties imposed upon him by marriage. (U.S. v. Serrano)
But the married woman is guilty of adultery. If she knew that the man
was married, she would be liable for concubinage also.
Effect of the acquittal of one of the defendants.
it will not bar prosecution against the unfaithful wife because the
requirement that both offenders should be included in the complaint
is absolute only when the two offenders are alive (Art. 344, par. 2)
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 45
The woman becomes liable only when she knew him to be married
prior to the commission of the crime.
A married man is not liable for concubinage for mere sexual relations
with a woman not his wife.
Concubinage by keeping a mistress in the conjugal dwelling.
The home of the husband and wife even if the wife happens to be
temporarily absent on any account.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 46
so, is a conjugal dwelling, and the fact that the wife never had a
chance to reside therein and that the husband used it with his
mistress instead, does not detract from its nature. (People v.
Cordova)
Concubinage by having sexual intercourse under scandalous
circumstances.
Cohabit.
CHAPTER TWO:
LASCIVIOUSNESS
RAPE
AND
ACTS
OF
NOTE: Art. 335 has been repealed by RA 8353 (Anti-Rape Law of 1997).
ART. 335: When and how rape is committed.
ART. 336: Acts of lasciviousness.
The people in the vicinity are the best witnesses to prove scandalous
circumstances.
The testimony of the offended wife that in a house she saw her
husband and the other woman lying side by side and on several
occasions she saw them going together to different places, is not
sufficient to convict them of concubinage. (U.S. v. Casipong)
Elements:
1. That the offender commits any act of lasciviousness of lewdness;
2. That the act of lasciviousness is committed against a person of either
sex;
3. That it is done under any of the following circumstances:
a. By using force or intimidation, or
b. When the offended party is deprived of reason or otherwise
unconscious, or
c. By means of fraudulent machination or grave abuse of
authority, or
d. When the offended party is under 12 years of age or is
demented.
It appearing that none of the people living in the vicinity has observed
any suspicious conduct on the part of the defendants. (U.S. v.
Campos Rueda)
Lewd.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 47
Offender
o In abuse against chastity, offender is a public officer.
o In crimes against chastity, offender is often a private
individual.
Nature of act
o In abuse against chastity, a mere immoral or indecent
proposal made earnestly and persistently is sufficient.
o In crimes against chastity, it is necessary that some actual
act of lasciviousness should have been executed.
Acts of lasciviousness v. Attempted rape.
1. The manner of committing both crimes is the same, that is:
a. force or intimidation is employed by means of fraudulent
machination, or
b. force or intimidation is employed by means of grave abuse
of authority, or
c. the offended party is deprived of reason or otherwise
unconscious, or
d. the offended party is under 12 years old, or
e. the offended party is demented.
2. The offended party in both crimes is a person of either sex.
3. The performance of acts of lascivious character is common to both
crimes.
4. The differences are:
a. If the acts performed by the offender clearly indicate that his
purpose was to lie with the offended woman, it is attempted
or frustrated rape.
b. In the case of attempted rape, the lascivious acts are but the
preparatory acts to the commission of rape; whereas, in the
other, the lascivious acts are themselves the final objective
the offender sought.
It is not attempted rape, when there is no intent to have sexual
intercourse.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 48
But when the accused not only kissed and embraced the
complainant, but fondled her breast with the particular design to
independently derive vicarious pleasure therefrom, the element of
lewd designs exists. (People v. Panopio)
Where accused touched three times the private parts of the offended
party over her panties, without employing any force or intimidation, he
is guilty of unjust vexation because it might have been committed
merely to satisfy a silly whim. (People v. Bernaldo)
But the act of the accused in forcibly placing his hand between the
legs of a 12 year old girl, or without force if she be under that age,
constitutes the crime of acts of lasciviousness. (U.S. v. Basilio)
If the woman is married and the offender knows it, having sexual
intercourse with her is adultery.
If the victim is less than 12 years of age, the crime is rape. If the
victim is over 18 years of age, qualified seduction is not committed.
There is no crime at all, if there is no force or intimidation or the
woman is not unconscious or otherwise deprived of reason.
Offended party need not be physically virgin.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 49
Virginity.
When a woman had carnal relations with other men, her chaste
character is open to question, therefore, in the eyes of the law, she is
no longer a virgin. She is more or less a public woman.
There must be sexual intercourse in qualified seduction.
The acts would not be punished were it not for the character of the
person committing the same, on account of the excess of power or
abuse of confidence of which the offender availed himself. (U.S. v.
Arlante)
Domestic.
A person usually living under the same roof, pertaining to the same
house.
Includes all persons residing with the family and who are members of
the same household, regardless of the fact that their residence may
only be temporary or that they may be paying for their board and
lodging.
Domestic is distinct from house servant.
They are distinct from each other because of the intimacy and
confidence existing among various members of a household,
opportunities for committing seduction are more frequent. (People v.
Samillano)
Qualified seduction v. Rape.
The fact that the girl gave consent to the sexual intercourse is no
defense.
Lack of consent on the party of the girl to the sexual intercourse is not
an element of the offense.
Elements:
1. That the offended party is over 12 and under 18 years of age;
2. That she must be of good reputation, single or widow;
3. That the offender has sexual intercourse with her; and
4. That it is committed by means of deceit.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 50
If the girl is under 12 years of age, the crime is rape, even if the
offender succeeds in having sexual intercourse with her by means of
deceit.
Art. 338 uses the phrase a woman who is single or a widow of good
reputation, hence meaning that it is the widow who must be of good
reputation.
The promise need not immediately precede the carnal act. (People v.
Iman)
Art. 339 does not mention persons of either sex as the offended
party.
Committed by the same persons under the same circumstances as
those provided in Art. 337 and 338.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 51
One degree higher than that imposed by law. (RA 7610, Sec. 10)
ART. 340: Corruption of minors.
Habituality or abuse of authority or confidence, not necessary.
Therefore, one who casts for his own ends does not incur the
sanction of the law.
Single act without abuse of authority or confidence is now a crime.
It is not necessary that the unchaste acts shall have been done.
What the law punishes is the act of a pimp who facilitates the
corruption of, and not the performance of unchaste acts upon, the
minor.
One degree higher than that imposed by law. (RA 7610, Sec. 10)
ART. 341: White slave trade.
Acts penalized as white slave trade.
1.
2.
3.
The person responsible under Art. 341 is the person who maintains or
engages in the business.
One degree higher than that imposed by law. (RA 7610, Sec. 10)
The taking away of a woman from her house or the place where she
may be for the purpose of carrying her to another place with intent to
marry or to corrupt her.
Two kinds of abduction.
1. Forcible abduction (Art. 342)
2. Consented abduction (Art. 343)
ART. 342: Forcible abduction
Elements:
1. That the person abducted is any woman, regardless of her age, civil
status, or reputation;
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 52
2.
3.
The taking away of the woman is against her will when the offender
uses force or intimidation.
offender knows that the girl cannot give consent legally to the
marriage because of minority.
The intention to marry may sometimes constitute unchaste designs,
not by itself but by the attending circumstances vitiating such
intention. (People v. Tala)
If there was sexual intercourse after the forcible abduction, and the
offender used force or intimidation, or when the woman was deprived
of reason, is demented or otherwise unconscious, or the victim is
under 12 years of age, the offender is liable for the complex crime of
forcible abduction with rape under Art. 266-A in relation to Arts. 335
and 342.
Lewd designs may be shown by the conduct of the accused.
Lewd designs present in hurried ceremony of marriage by force.
In forcible abduction, the offender takes the woman to satisfy his own
lust. In corruption of minors, the offender takes the woman to satisfy
the lust of another person. (U.S. v. Tagle)
When there is deprivation of liberty and no lewd designs, it is kidnapping
and serious illegal detention (Art. 267).
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 53
There can only be one complex crime of forcible abduction with rape.
The crime of forcible abduction was only necessary for the first rape.
Thus, the subsequent acts of rape can no longer be considered as
separate complex crimes of forcible abduction with rape. They should
be detached from and considered independently of the forcible
abduction. Therefore, accused should be convicted of one complex
crime of forcible abduction with rape and (insert number of times)
separate acts of rape. (People v. Garcia)
Is there a complex crime of forcible abduction with attempted rape?
None. The crime is only abduction because accused took away the
victim for the purpose of corrupting her. The attempt to rape the victim
is absorbed by the abduction, being the element of lewd design of the
accused. (People v. Magtabog)
Commission of other crimes during confinement of victim is immaterial
to charge of kidnapping with serious illegal detention.
Rape may absorb forcible abduction if the main objective was to rape
the victim. (People v. Toledo)
Attempted forcible abduction.
When the accused did not succeed in taking away the girl. (U.S. v.
Luna)
Conviction of acts of lasciviousness, not a bar to conviction of forcible
abduction.
But when the offended party had carnal knowledge with other men,
the chaste character of the girl is open to question. (U.S. v. Suan)
If virgin is under 12 years old, it is forcible abduction.
The abductor need not actually and personally have taken the
abducted female from her parents home, or induced her to abandon
it. It is sufficient that he was instrumental in her escape. The shock,
the anxiety, the shame, and all the concomitant evils suffered by the
family of the girl are not greater when the starting point of the
abduction is the home where she lives than when it has its beginning
somewhere else. (People v. Moreno)
Consent of the minor to being taken away may be due to honeyed
promises of marriage by the offender.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 54
Not to punish the wrong done to the girl because she consents
thereto, but to prescribe punishment for the disgrace to her family
and the alarm caused therein by the disappearance of the one who
is, by her age and sex, susceptible to cajolery and deceit. (U.S. v.
Reyes)
Consented abduction with rape.
Where a 15-year-old girl was induced to leave her home and later
forcibly violated by the four accused, they are guilty of consented
abduction with rape. (People v. Amante)
a. Offended party,
b. Her parents,
c. Grandparents, or
d. Guardians in the order in which they are named above.
NOTE: the court motu proprio can dismiss the case for failure of the
aggrieved party to file the proper complaint, though the accused
never raised the question on appeal, thereby showing the necessity
of strict compliance with the legal requirement even at the cost of
nullifying all the proceedings already had in the lower court. (People
v. Santos)
Underlying principle or reason why crimes against chastity cannot be
prosecuted de oficio.
Art. 344 was enacted out of consideration for the offended woman
and her family who might prefer to suffer the outrage in silence rather
than go through with the scandal of a public trial. (Samilin v. CFI)
o In some instances, the virginity of the girl may be
questioned. This would involve the examination of the girls
past life and the conduct of her family, which may cause
painful mortifications to the modesty and honor of the girl
and cause discredit to her family. (U.S. v. Bautista)
Rape may be prosecuted de oficio.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 55
Both the guilty parties, if both alive, must be included in the complaint
for adultery or concubinage.
Both parties must be included in the complaint even if one of them is not
guilty.
The offended party, even if she were a minor, has the right to
institute the prosecution for these offenses, independently of her
parents, grandparents or guardian, unless she is incompetent or
incapable of doing so upon grounds other than her minority.
Where the offended party who is a minor fails to file the complaint,
her parents, grandparents or guardian, may file the same. The right
to file the action granted to these persons shall be exclusive of all
other persons and shall be exercised successively in the order herein
provided. (Sec. 5, Rule 110 of the Rules of Court; art. 344)
o Exclusive: if the parent of the girl refuses to file the
complaint, the grandparent cannot file the complaint.
Prosecution of rape may be made upon complaint by any person.
Thus, even if the offended part had complained to the fiscal, if the
complaint was not subscribed by the offended party and filed with
court as the basis of the prosecution, the court acquires no
jurisdiction to proceed with the case.
o However, while a mere sworn narration of how a private
crime was committed is not a sufficient basis for filing an
information, a similar sworn narration which not only
narrated the facts and circumstances constituting the crime
of adultery but also explicitly and categorically charged
private respondents with said offense is a valid complaint,
sufficient to clothe the court with jurisdiction. (People v.
Illarde)
When complexed with another crime, complaint need not be signed by
the offended woman.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 56
No. The law is clear if he (the offended party) shall have pardoned
the offenders.
Agreement to live separately, as evidence of consent.
But a document which states, that the parties will cease our
relationship for the good of all of us, does not prove the condonation
envisaged by Art. 344. (People v. Solsona)
Meaning of shall have consented which bars the institution of criminal
action for adultery and concubinage.
If the reason why the offended spouse allowed the guilty spouse to
stay in the conjugal dwelling even after filing the criminal action and
until his/her arrest is for the guilty spouse to take care of the children,
the act of allowing the guilty spouses to stay does not amount to
implied pardon so as to bar criminal prosecution. (People v. Boca)
If the guilty spouse abandons the offended spouse, the latters failure
to look for the former would not amount to consent to his/her
adulterous acts committed during the period of separation. (Ocampo
v. Florenciano)
Delay in the filing of complaint, if satisfactorily explained, does not
indicate pardon.
The pardon must be express in seduction, abduction, rape, or acts of
lasciviousness.
Pardon by parent, grandparent or guardian.
This is because the minor girl, in her tender age and lack sufficient
knowledge, would hardly now the full impact and consequences of
her acts. In her indifference and inexperience, the parents are give
the right and power to protect her. (People v. Lacson, Jr.)
o Exception: when the offended girl has no parents who could
concur in the pardon, she can validly extend a pardon even
if she is a minor, as when the offender is her father and her
mother is already dead. (People v. Inciong)
Marriage of the offender with the offended party in seduction, abduction,
acts of lasciviousness and rape, extinguishes criminal action or remits
the penalty already imposed.
Marriage of the offender with the offended party benefits the coprincipals, accomplices and accessories.
o Must be participants in same charge of crime.
In rape, marriage extinguishes the criminal action or penalty imposed
only as to the principal.
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Art. 2219 of the Civil Code provides that moral damages may be
recovered in seduction, abduction, rape, or other lascivious acts, as
well as in adultery and concubinage.
Moral damages may be recovered both by the offended party and by her
parents.
Civil liability of the offenders in multiple rape.
All the accused must support the offspring. As any one of them may
be the father and that each and every one of them is directly
responsible that an unwilling mother may gave birth to an undesired
offspring, each and every one of them contributed to, and cooperated
in, the giving birth to the child. (People v. Velo)
Judgment to recognize offspring, when proper; Art. 283 of the Civil Code,
applied.
Art. 176 f the Family Code confers parental authority over illegitimate
children on the mother, and likewise provides for their entitlement and
support in conformity with the Family Code. As such, there is no
further need for the prohibition against acknowledgment of the
offspring by the offender who is married which would vest parental
authority in him. (People v. Bayani)
Recognition of offspring in multiple rape.
When three persons, one after another, raped a woman, not one may
be required to recognize the offspring of the offended woman, t being
impossible to determine the paternity thereof. (People v. de Leon)
Civil liability in rape of married woman.
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The commission of any of the acts defined in Art. 347, must have:
o For its object: to create a false civil status.
o For its purpose: to cause the loss of any trace as to the
filiation of the child.
The child, whose birth the woman feigns, loses its civil status in the
family of the woman who has really given its birth and acquires,
though fraud, another status to which it has no right. The same may
be said with reference to the substitution of one child for another.
Simulation of birth.
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The woman who simulates birth and the one who furnishes
the child are both responsible as principals.
The simulation which is a crime is that which alters the civil status of a
person.
This is another way of committing the crime in Art. 347 (2). But the
concealing of the legitimate child must be with the intent to cause
such child to lose its civil status.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 60
3.
4.
5.
Elements:
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 Civil Code;
3. That he contracts a second or subsequent marriage; and
4. That the second or subsequent marriage has all the essential
requisites for validity.
The first marriage must be valid.
Under the Family Code, the parties cannot presume their marriage to
be void. A judicial declaration of nullity of the first marriage is still
required. In the absence of said declaration, the second marriage
contracted is considered valid for purpose of prosecuting the offender
for bigamy.
Nullity of marriage, not a defense in bigamy charge.
The fact that the first marriage is void from the beginning is not a
defense in a bigamy charge.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 61
2.
3.
4.
5.
6.
7.
That either party was of unsound mind, unless such party, after
coming to reason, freely cohabited with the other as husband and
wife.
That the consent of either party was obtained by fraud, unless such
party afterwards, with full knowledge of the facts constituting the
fraud, freely cohabited with the other as husband and wife.
That the consent of either party was obtained b force, intimidation, or
undue influence, unless the same having disappeared or ceased,
such party thereafter freely cohabited with the other as husband and
wife.
That either party was physically incapable of consummating the
marriage with the other, and such incapacity continues and appears
to be incurable.
That either party was afflicted with a STD found to be serious, and
appears to be incurable.
That contracted by a person whose spouse has been absent for 4
consecutive years, said person having a well-founded belief that the
absent spouse was already dead and after the latter is declared
presumptively dead in a summary proceeding. (Arts. 41 and 45 of the
Family Code)
If a spouse leaves the family domicile and goes to another state for
the sole purpose of obtaining a divorce, and with no intention of
remaining, his residence there is not sufficient to confer jurisdiction
on the court of that state. This is especially true where the cause of
divorce is one not recognized by the laws of the state of his own
domicile. (Ramirez v. Gmur)
o This rule is applicable to those domiciled in the Philippines,
although they contracted marriage elsewhere. (Gorayeb v.
Hashim)
o If the accused, in contracting the second marriage, acting
on the honest belief that he was lawfully divorced from his
first wife, he is liable for bigamy though reckless
imprudence. (People v. Schneckenburger)
A divorce cannot be had except in that court upon which the State
has conferred jurisdiction and then only for those causes and with
those formalities, which the State has by statute prescribed. (People
v. Bitdu)
Defense has the burden of proof of dissolution of first marriage.
Once the prosecution has established that the defendant was already
married at the time he contracted the second marriage, the burden of
proof to show the dissolution of the first marriage is upon the defense.
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The civil action must be decided before the prosecution for bigamy
can proceed. (Merced v. Hon. Diez)
Judgment of annulment precludes verdict of guilt in charge of bigamy.
But if the witness merely attested to the marriage ceremony and did
not vouch nor assert anything as to the personal condition of the
contracting parties, he is not liable. (U.S. Gaoiran)
Bigamy is not a private crime.
The fact that the second wife was aware of the defendants first
marriage when second marriage was solemnized, will not afford
defendant relief. This is an offense against the State, not against the
second wife. (People v. Concepcion)
They are two distinct offenses in law and in fact, as well as in the
mode of their prosecution.
o Nature
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 63
5.
The period of 301 days, or 10 months, is only for cases where the
woman is not, or does not know that she is, pregnant at the time she
becomes a widow.
If she is pregnant at the time she becomes a widow, the prohibition is
good only up to her delivery.
The penalty is imprisonment for not less than one month nor more
than two years, or a fine not less than P200 nor more than P2000.
(Sec. 39, Act. 3613, Marriage Law)
A clergyman who performed a marriage ceremony, not knowing that one
of the contracting parties is a minor, is not liable.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 64
The RPC punishes all kinds of attack against honor and reputation,
thereby eliminating the idle distinction between calumny and insult
under the old Code, and libel under Act 227. (People v. Del Rosario)
FORMS,
AND
The words used are construed in their entirety and taken in their
plain, natural and ordinary meaning as they would naturally be
understood by persons reading them, unless it appears that they
were used and understood in another sense. (Novicio v. Aggabao)
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 65
When the accused made public an act or omission which is not true
about the offended party. (People v. Tolentino)
A mans reputation is the estimate in which others hold him; not the
good opinion which he has of himself. (People v. Atencio)
Third element: The publication must be malicious.
There must be malice.
Malice is present when one speaks not in response to duty but merely
to injure the reputation of the person defamed. (U.S. v. Canete)
Malice in fact
o May be shown by proof of ill-will, hatred or purpose to injure.
o Where it is present, justifiable motive cannot exist, and the
imputation becomes actionable. (People v. Pelegrino)
Malice in law
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 66
o
o
o
When the obnoxious writing does not mention the libeled party by
name, the prosecution is permitted to prove by evidence that the
vague imputation refers to the complainant. (People v. Silvela)
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 67
2.
A fair and true report, made in good faith, without any comments or
remarks, of any judicial, legislative, or other official proceedings which
are not of confidential nature, or of any statement, report, or speech
delivered in said proceedings, or of any other act performed by public
officers in the exercise of their functions. (Art. 354, par. 2)
If there is no law to that effect, the accused has no duty to make the
report or communication to another. The report or communication is
not privileged. (People v. Hogan)
Private communication in the performance of a moral duty.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 68
Applying to the wrong person due to honest mistake does not take the
case out of the privilege.
Unnecessary publicity destroys good faith.
Based on the recognition of the fact that the right of the individual to
enjoy immunity from the publication of untruthful charges derogatory
to his character is not absolute and must at times yield to the superior
necessity of subjecting to investigation the conduct of persons
charged with wrongdoing.
The privileged character simply does away with the presumption of
malice.
When malice in fact is proven, assertions and proofs that the libelous
articles are qualified privileged communications are futile, since being
qualifiedly privileged communication merely prevents the presumption
of malice from attaching to a defamatory imputation. (Yuchengco v.
The Manila Chronicle)
The rule is that a communication loses its privileged character and is
actionable on proof of actual malice.
That the statement is a privileged communication is a matter of defense.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 69
Judicial proceedings.
1. True report of judicial proceedings is privileged. Malice must be
shown by the prosecution, as it is the very gist of the offense involving
the publication of a true report of a judicial proceedings. (U.S. v.
Perfecto)
2. Allegations and averments in pleadings are absolutely privileged only
insofar as they are relevant or pertinent to the issues.
3. An action for libel on a defamatory matter uttered in the course of a
judicial proceeding might be instituted even if the defamatory matter
had not yet been stricken out of the record. An action for libel accrues
from the date of publication. (Montenegro v. Medina)
The party making the communication must not go farther than his
interests or his duties require.
Irrelevant libel or the form in which the defamatory words are used in
connection with the subject may show express malice. (People v.
Fernandez)
Thus, when the court, in any special case, has forbidden the
publication of certain records in the interest of morality or decency,
the same should not be published.
What public record may be published.
The privilege has been strictly limited to cases in which the right of
access is secured by law, and in which the purpose and object of the
law is to give publicity to the contents of the record or document in the
interest, or for the protection, of the public generally. (U.S. v. Santos)
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 70
If related to the discharge of their official duties will not constitute libel
if the defendant can prove the truth of the imputation.
Any attack upon the private character of the public officer on matters
which are not related to the discharge of their official functions may
constitute libel. (People v. Del Fierro)
The mental, moral and physical fitness of candidates for public office
may be the object of comment and criticism. But if it appears that it
was actuated by actual or express malice, and is defamatory in its
nature, such constitutes a criminal libel. (U.S. v. Sedano)
Criticism v. Defamation.
Criticism deals only with such things as shall invite public attention or
call for public comment. It does not follow a public man to his private
life nor pry into his domestic concerns.
Can be done with every argument which ability can find or ingenuity
invent.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 71
Two words are expressive of the crime: hush money. (U.S. v. Eguia)
Because unlike radios, using an amplifier does not have the character
of permanency.
But defamation made in the television program is libel.
Art. 355 provides for the penalty for libel.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 72
offender, which might tend to prove the intention of the offender at the
time. (Balite v. People)
Without prejudice to his liability under the civil and criminal laws, the
publisher, editor, columnist or duly accredited reporter of any
newspaper, magazine or periodical of general circulation cannot be
compelled to reveal the source of any news report or information
appearing in said publication which was related in confidence to such
publisher, editor or reporter unless the court or a House or Congress
committee find that such revelation is demanded by the security of
the State. (RA 1477, amending RA 53)
The word puta does not impute that the complainant is a prostitute.
Slander by deed.
Slander.
Oral defamation
There is oral defamation, even if other persons and not the offended
party heard the slanderous words, because a mans reputation is the
estimate in which others hold him, not the good opinion which he has
of himself. (People v. Clarin)
Elements:
1. That the offender performs any act not included in any other crime
against honor;
2. That such act is performed in the presence of other person or
persons; and
3. That such act casts dishonor, discredit or contempt upon the offended
party.
Slander by deed is of two kinds:
1. Simple slander by deed, and
2. Grave slander by deed, that is, which is of a serious nature.
NOTE: Whether a certain slanderous act constitutes slander by deed of a
serious nature or not, depends on the social standing of the offended party, the
circumstances under which the act was committed, the occasion, etc.
Slander by deed refers to performance of an act, not use of words.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 73
3.
4.
The person who publishes libelous letter written by the offended party is
liable.
The editor is liable for the defamations contained therein to the same
extent as if he were he authori therefor. (People v. Bailo)
Lack of participation in the preparation of libelous articles does not
shield the persons responsible for libel from liability.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 74
The action shall be filed in the CFI of the province or city where he
actually resides at the time of the commission of the offense or where
the libelous matter is printed and first published.
The court where the criminal action or civil action for damages is first
filed shall acquire the jurisdiction to the exclusion of other courts.
Offended party must file complaint for defamation imputing a crime
which cannot be prosecuted de oficio.
Libel imputing a vice or defect, not being an imputation of a crime, is
always prosecuted upon information signed and filed by the fiscal.
Art. 361 (3) must have reference to the two proofs of truth above.
The proof of the truth of the accusation cannot be made to rest upon
mere hearsay, rumors or suspicion.
Proof of the truth of those acts imputed to the offended party which do
not constitute a crime cannot be admitted if the offended party is not a
government employee, and, consequently, none of those imputations
can have any reference to facts related to the discharge by a
government employee of his official duties.
o This is in consonance to Art. 361 (2) which limits the scope
of the general rule set forth in Art. 361 (1).
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 75
Art. 361 (1) states that proof of truth is not enough. It is also required
that the matter charged as libelous was published with good motives
and for justifiable ends.
1. If it appears that the matter charged as libelous is true;
2. It was published with good motives, and
3. For justifiable ends.
CHAPTER
TWO:
MACHINATIONS
Art. 363 is limited to planting evidence and the like, which tend directly
to cause false prosecution.
INCRIMINATORY
Elements:
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; and
3. That such act does not constitute perjury.
Art. 363, which penalizes any person who by any act not constituting
perjury shall directly incriminate or impute to an innocent person the
commission of a crime, does not apply to false accusations but to
acts tending directly to cause false accusations.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 76
Yes. When the arrest was done so that the offended party can be
detained and possibly allow the offenders to accomplish their
purpose. (People v. Alagao)
ART. 364: Intriguing against honor.
How is intriguing against honor committed?
It is committed by any person who shall make any intrigue which has
for its principal purpose to blemish the honor or reputation of another
person.
Intriguing against honor is any scheme or plot by means which consist
of some trickery.
TITLE
FOURTEEN:
OFFENSES
QUASI-
If the act would not constitute a grave or less grave felony or light
felony under any other provision of the Code which defines intentional
felony, Art. 365 is not applicable. There is no crime committed
because it will neither be an intentional felony nor a culpable felony.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 77
Imprudence v. Negligence.
A driver who assumed the duty of inspecting the vehicle before taking
it to the road is negligent if he failed to detect the mechanical defect
of the vehicle which an ordinary, experienced driver would have
discovered, and such mechanical defect was the cause of the injury
or damage to another.
When the driver could not have known the defect of brakes, he is not
liable.
The doing of the act or the failure to do the act must be voluntary.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 78
Also, once intent to cause damage due to hate, revenge, or other evil
motive is shown, the crime is not damage to property through
imprudence, but malicious mischief.
Material damage results.
Basis for the fine is the market value of the property destroyed at the
time and place of its destruction.
Art. 64 relative to mitigating and aggravating circumstances is not
applicable to crimes through negligence.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 79
The contributory negligence of the party injured will not defeat the
action if it be shown that the accused might, by the exercise of
reasonable care and prudence, have avoided the consequences of
the negligence of the injured party. (People v. Quinones)
Emergency rule
Applies only where the situation which arises to confront the actor is
sudden and unexpected, and is such as to deprive him of all the
opportunity for deliberation.
o A further qualification which must be made is that some
emergencies must be anticipated, and the actor must be
prepared to meet them when he engages in an activity from
which they are likely to rise.
Emergency rule v. Last clear chance rule.
Last clear chance: he had time and opportunity to avoid the mishap
and he been sufficiently careful and cautious.
Violation of a rule and regulation or law is proof of negligence.
DLSU-COL| CRIMINAL LAW II| JUDGE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 80