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Justice Callejo
RPC BOOK ONE
interpreting criminal statutes are not penal laws per se they are merely
Preliminary
interpretative.
If asked to enumerate at least two laws which show that the Phil.
criminal law follows positivist theory, what laws are these?
o ISL
o Habitual delinquency law
o People v. Ducusin 59 Phil. 109 The ISL was approved to
private parties.
Although the State has power to prosecute persons for private crimes,
the law gives the victim the privilege of not instituting actions for private
crimes: adultery, seduction, abduction, etc. There must be a complaint
that the State is concerned not just with protective social order
stipulations.
Health Care Inc. v. Secretary of Health How does I law become, under
the 1987 Consti? Either by transformation or incorporation.
o Transformation requires that the I-law be transformed into
initiated by the offended party. Ratio: to protect the latter from shame
7055) courts-martial
Civilian court determines before arraignment when the crime is
service-connected
Is it possible for a service oriented crime to be tried by civilian
threaten public order. State may simply request for recall of the
diplomat but will not be prosecuted locally. Patemi v. U.S.
o
nature.
seas
People v. Cheng English vessel in Phil. territory, not in transit.
followed the English rule, because he was smoking within Phil. territory.
the UNCLOS said that the criminal law of a State may not be
enforced on board the vessel to prosecute individuals, except if
it, does it still disturb the peace? Take note, the SC itself said
o
the ship cannot be boarded. But the UNCLOS said that the
drugs.
Note: if mere passing through the territorial sea can lead to
sea, but yet, when the vessel enters Phil. territorial sea, can it
be prosecuted?
that the Phils. may exercise jurisdiction. Although following the English
rule, which we adhere to, it must be Vietnam that exercises jurisdiction,
abovementioned
o Rationale: protect economic security of the Philippines
Last paragraph:
o Crimes against the law of nations
o
o
felony by SPL.
In specific intent felonies, the prosecution must prove BRD the specific
intent. But sometimes, specific intent may be presumed.
o Ex. intent to kill must be proved. One can presume this, for
instance, from the mere fact that the victim died from a
deliberate act.
Ex. intent to gain in theft. One is found in possession of
Article 3
delictual act.
Motive not an essential element of crime. But there are instances
where motive is a prerequisite to conviction of accused.
o Political crimes rebellion, coup detat. If the crime committed,
criminal intent.
Manuel v. People 476 SCRA 471 There must be an evil act
circumstances.
Is reckless imprudence under Art. 365 of RPC a felony under Art.
3? (It is a quasi-offense.)
o YES. Rafael Reyes Trucking v. People 329 SCRA 600
o
Malum in se/prohibitum
deliberate act.
ELECTION CODE)
Possession of unlicensed firearm. Transient possession in RA 8294 is
not a crime. It is malum prohibitum. There must be intent to possess,
community
o Penalty rp-death
o If predicate crimes are mala in se
o Mitigating/extenuating circumstances
o If condemned by entireity of communty
Sec. 27B of the Omnibus election code. A member of the BEI who
plunder.
o (2) The predicate crimes are punishable by RP to death.
o (3) Plunder is inherently immoral and wrong.
How do you determine if an act is inherently evil?
Is the intention of congress material in determining whether it is malum
in se or mala prohibita? Yes. It may not be inherently immoral but
Person is liable for natural and logical consequences of his criminal act
o Natural = occurrence in ordinary course of things;
o Logical there must be a reasonable connection between the
act done and the consequence
The act must be the proximate cause of the effect
o Vda de Bataclan v. Medina The cause, which in its natural
and continuous sequence, unbroken by any efficient
intervening cause, produces the injury and without which the
prohibitum?
o Loney v. People 482 SCRA 194 NO. A felony by dolo or
B) Negligence of doctor
RA 8353
People v. Magalone 406 SCRA 546 Accused threw a
children.
homicide.
Situation: the kidnap victim died from a heart attack due to fear.
was armed with a knife. Victim jumped out the window. Liable
o
for rape with homicide, or if she did not die, rape with SPI.
P v. Quianson Accused stabbed victim. Doctor put a
drainage on the wound. The victim was in pain so he removed
the drainage and he died. The accused is liable.
crimes.
ROC: Rule 131, Sec 5(c) recall and reconcile
o A person is presumed to contemplate the ordinary
consequences of his acts, and expect those
slight PI.
ODD! If that person were alive, the penalty would be less than
if he were dead!
Art. 5, par. 2
Article 5 does not apply to crimes defined by SPL, because of the use of
Art. 6
Felonies in book two of RPC are all consummated, except:
o Attempted or frustrated robbery with homicide
Why do we punish attempted stages?
o Attempts are punished because there is just as much need to
crime
P v. Lizada 396 SCRA 94 Read this case. Lizada went to the room of
yet
Two phases:
Subjective phase
Objective phase
Is he is still in the subjective phase and he desists from
committing the crime, is he liable?
impose.
known P v. Lamaang
Differs from preparatory acts means or measures necessary
Ex. surveillance
2) But offender did not complete all acts of execution to produce the
felony
o
Yes. P v. Lozada
3) Not stopped by own spontaneous desistance
4) Due to cause or accident other than spontaneous desistance
Frustrated felony
All the acts of execution needed to produce the felony, but it was not
P v. Salvilla 184 SCRA 671 the SC declared that one is liable for
consummated robbery if one takes possession of the personal property
wound was not mortal, as long as the offender believed that the
always consummated.
There is no frustrated crime of adultery. It is consummated upon the
any wound!
P v. Tadeo, P v. Mohamad, Sarape v P - if the wounds are FATAL /
consummated
It is not the mere entry; the SC said that the entry must be in
RPC shall not apply to violations of DDA, except in the case of minor
acts of lasciviousness.
RA 8353 introduced the concept of sexual assault. Although
there is no SC decision yet, it seems there is no frustrated
sexual assault.
offenders
o Reclusion perpetua, not L.I.
o Penalty may be reduced by 1 or 2 degrees under Art. 63
Anti-hazing law One convicted under Sec. 4 is not entitled to mitigating
circumstance of lack of intent to commit so grave a wrong as that
committed
10
bar to the prosecution of that person under the RPC or another SPL for
offense.
3 kinds of conspiracy:
o A) wheel conspiracy there is one person (hub) and his
underlings (stokes)
Bar
distribute narcotics
Ex. drugs
C) enterprise conspiracy Racketeer Influenced and
crime. (IMPT.)
In the Philippines, conspiracy may be a substantive offense if the
conspirators agree to commit a felony penalized under the RPC. If
maximum pd.
P v. Pagalasan requirements for conspiracy:
o 1) singularity of intent
o 2) unity in the execution of the unlawful objective
P v. Castillo there must be a criminal intent. Conspiracy is not a
product of negligence, but intentionality.
11
Art. 8 does not apply to crimes defined in SPL, unless the SPL
in itself.
o Ex. RA 9165 (as amended) DDA: Sec. 26, conspiracy to
CONSPIRACY to do such.
Ex. RA 8484 (access device regulations) Sec. 11:
imprisonment
What if there is no provision in SPL? Can Art. 8 still be a
of the conspiracy.
Ex. Agreed to kidnap Julia at the point of a gun. She
(IMPT)
So, extends to collateral acts incident to and growing out
Ex. Agreed to rob the victim only. But he resisted and one
Art. 11
12
honor?
o Kira: Maybe if you invoke defense of honor, you dont
have to prove the other requisites? But in self-defense,
to exercise self-defense.
In todays law, rape is a crime against persons. Can De la Cruz
invoke, hypothetically, self-defense instead of defense of
in right.
Is Article 12 an absolutory cause as well?
o No. There is a crime, although the person is exempt from
o
liability.
Basis here: the person is not acting with complete
under RA 9262.
People v. Jaurige compared to People v. De la Cruz: BOTH
cases involved defense of honor.
o Jaurige: mere touching of thigh, in church, in daylight. She
killed him with fan knife. No self-defense appreciated.
The means used were not reasonable.
attacks
EXCEPTION to rule that there must be unlawful aggression if it is
13
(Justo v CA)
What is the extent of defense of property rights?
o See People v. Narvaez.
o People v. Narvaez:
Will you invoke art 11 par1 or Art 247? Better to invoke Art 11 since
reasonable.
Is Art. 247 an absolutory cause?
o Yes. Because the only imposed penalty is destierro.
o
And that this is more of protection for the one who killed.
P v. Rabandaban: Caught wife in sexual congress.
Honey, please leave the house. The wife took all the
having sex and killed the other person? Cant invoke 247; only
husband or parent can invoke this. Cant invoke Art 11 cos not
this is not really a penalty but merely for the protection of the
strictly apply the law. But what can you deduce from the
fact that she was wearing her panties from a naked state.
It is asking too much to actually catch them in the act of
14
Not anymore retreat to the wall; now stand your ground when in
the right.
Includes:
o Defense of body and limb
o Rights as person, including honor
o Property and liberty
Aside from the right to life and property is the right to honor.
If the accused in arraignment pleads self-defense, is he
evidence shifts.
Unlawful aggression is a condition sine qua non to complete self-
defense.
o Complete SD: all three elements are present.
o Incomplete: mitigating circumstance
P v. Dela Cruz aggression includes actual physical assault, or if
with this.
Par. 4: Know these two cases
o P v. Ty
o P v. Retubado
Defenses
15
What was the reason why the SC did not uphold her claim of
or consummated
In People v. Retubado, what is the defense?
o State of necessity Art. 11(4).
o But the defense does not apply because there can be no
State of necessity when there is provocation by the party
Genosa?
o 1) passion and obfuscation
o 2) diminished will power
Why wasnt BWS appreciated?
o Because there was no RA 9262 then, during Genosa
(2004).
May men be the victim of BWS? Yes, in the US, men may be
elsewhere
(3) fears for her and her childrens lives
(4) irrational belief that offender is omnipresent and
omniscient
Therefore, defense under Sec. 26 of RA 9262 is separate from, and
it
3) there is no other practical and less harmful
means of preventing it
Injury contemplated in Art 11(4) broad. Can include
Estate of Gonzales v. P case The death of the relative does not sever the
vinculum that produces the relationship by affinity. The continuing affinity has
been applied to the interpretation of criminal law. All doubts should be
resolved in favor of the continutation of affinity. Applies not only to Art 11 par
2 but also Art 13 par 5 of RPC.
Rationale for defense of relatives as a justifying circumstance?
Rush of blood
Driving car; ravine on left, so I swerved to right and ended up hitting other
person. Justified? Yes. Avoidance of greater injury, state of necessity.
HOWEVER, driving car recklessly; swerved to the side and killed mother-inlaw. Am I criminally liable? Yes. NOT state of necessity. It was deliberate. I
am criminally liable for the consequences of my intentional act.
16
not commit crime. But is there civil liability? YES. The one benefited will
shoulder civil liability.
P v. Norma Hernandez Woman was supposed to be married to a man she
Minority
What if child has reached 18, what can the court do?
o Discharge child
o Order execution
o Extend suspended sentence until he reaches 21 yrs old
Suspension of conviction does it matter whether the minor
right
o [P v. Pule]
Calderon: The judgment and discretion of public officers in the
oppressively but within reasonable limits. In the absence of a clear
legal provision, they must act in conformity with exercise of sound
discretion.
P v. Pule: Victim was a deranged man, who fell on the ground,
o
o
Requisites:
o 1) Must acted out of duty or office
o 2) Injury caused is consequence of perform of that duty or
treatment program.
When there is doubt if the person is a minor or not, what is the
appropriate proceeding?
o File for summary proceeding in Family Court.
did not love. Instead of going on with the marriage, she fled. Groom was left
waiting for her. She was charged of slander by deed avoidance of greater
same time?
o
discernment
Under 9344, the minor is still exempt from specific offenses
Vagrancy
Prostitution
Mendicancy
17
other person.
Superior order
o Tabuena v. Sandiganbayan 268 SCRA 332 Tabuena was
with NAIA and Marcos ordered him to disburse money.
Exempting circumstances
RA 9344
o 15 and under exempt
o Over 15 to under 18 exempt unless acted with
o
discernment
Took effect 20 May 2006, and applied retroactively to
those minors convicted; ordered released and cases were
without discernment.
What if the minor was alleged as a co-conspirator?
o Yes, the presumption of acting without discernment still
o
applies.
P v. Estepano 267 SCRA 701 Evidence of conspiracy
discernment.
Pomoy v. P: Art. 12(4) What are requirements?
o 1) performing lawful act with due care
o 2) causes injury to another
o 3) without intent or negligence
What if there is negligence?
o Art. 365 comes into play.
o Jarco Marketing v. CA: Distinguished between accident
o
anticipated.
Negligence when there is some degree of fault in the
person
Ppl v Bandia- Woman was so dizzy. She delivered in thicket. She should not
be liable cos she was so dizzy at that time.
18
privileged mitigating
OTHER MITIGATING:
1.
2.
Lakanilaw v CA (TAKE NOTE!) June 27, 1988 Even if there are only 2
Art. 68(2).
NOTE: Under Art. 365, the court will not consider Art. 13 and 14 in
other circumstances.
Oriente v. P: Used lead pipe to hit victim on the eyebrow, victim
died. SC refused to apply the mitigating circumstance of lack of
intent to commit so grave a wrong as that committed.
o Also applied the presumption that a person intends all the
that committed.
How do you determine lack of intent to commit so grave a
wrong? Look @ type of weapon used, manner of use, injury, and
reduced by 1 DEGREE.
RA 9344 did NOT repeal Art. 68. It merely amended it.
o Minor over 15 and under 18, acting with discernment
considerd.
19
intentional felonies.
What if two persons conspire to commit a felony, and one
invoke SD under Art. 11; however, the same act may still be invoked
by the offender as sufficient provocation on the part of the victim.
Here, the deceased struck the petitioner w/ a bolo and fled. When
Yes.
Ppl v Tomotorgo wife of accused wanted to sell house; husband
refused. Wife left house with their infant child. Accused overtook
and pleaded for her to return with the child. He refused. Accused
circumstances
P v. Labeo: mere fact that the offended party merely shouted at the
accused and asked the latter to leave is NOT proportionate to the
got piece of wood and hit her. She suffered fraction on one of her
a dinner. Deceased said andito ako para hindi makisalo pero para
pumatay. The accused got mad and shot the deceased. The
20
REQMENTS:
1. Unlawful act sufficient to produce emotional state
2. Not far removed from commission of crime
What is the basis for determining lapse of time? There is no sure formula
as to how much time shall have elapsed. Its more a question of EFFECT. Is
the effect still there?
and the accused killed the offended party. SC HELD: Hitting with a
Accused feeble-minded. May she be liable for crime? Feeblemindedness not exempting, but MAY be mitigating.
Art 13(10)
surrendered analogous.
o The return of the money must be spontaneous.
WHO ARE PERSONS IN AUTHORITY? Those under government
acquitted.
Pendency of warrant of arrest = not voluntary surrender!; there has
to be no warrant.
Perez v People accused was charged of malversation; returned
Plea of guilty
Info alleged murder; but accused pleaded to homicide. Plea of guilty?
voluntary surrender?
People v Salazar accused charge of murder; ran amuck.. is
Miscellaneous
Aggravating circumstances
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circumstances
If the A.C. is inherent in the felony, it wont be considered as an AC.
public officers.
P v. Padilla For this to be aggravating, the public officer
must use the influence or prestige of his office to commit
the crime.
Aggravating and mitigating applicable to special penal laws? IT
depends. If SPL provides penalty following nomenclature of RPC,
Art 14(1)
a public document
P v. Hipol: The malversed amount was so huge, that the Sol. Gen
said that the crime was already economic sabotage and must be
then Art 13 and 14 will apply. BUT if penalty does NOT follow
etc)
See Art 62 special aggravating circ, cannot be offset by mitigating
Art 63 imposable penalty = RP to death lesser penalty will be
imposed if there is a generic mitigating and no aggravating circ; IF
there is a generic agg and NO mitigating, DP will be imposed
ruling.
Sir thinks its aggravating. But when you take the bar,
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enter the car. Police guy: ganda ng relo mo ha! Ninakaw mo yan
authority under the LGC. The barangay captain was playing cards
no! The police guy stole the watch and wallet of the girl. He also
accused the girl of stealing the money. The policeman driving did
not say anything. They let the brother and sister go. BOTH were
must NOT be the victim per se; b) he was not performing his duty at
car?
o
public position.
(GR: One cannot be held liable for keeping silent; but this
circumstance.
This, thus, cannot be offset by generic mitigating
circumstances.
Art 14(2) with contempt of or in insult of public authority
P v. Padro: requirements:
o 1) crime committed
o 2) person in authority engaged in exercise of public
o
o
aggravating)
PUBLIC AUTHORITY refers to persons in authority;
position
3) offender knew person in authority
4) victim is NOT a person in authority (otherwise, crime
would be direct assault and this would no longer be
24
victim
There must evidence that accused took advantage of RANK, AGE,
SEX
already retired did not diminished the respect due her rank as
himself.
P v. Malolot 548 SCRA 676: Accused hacked to death an 11 month
old child. The TC convicted the accused of murder, qualified by
manifest disregard for the age, rank, sex. Not merely because the
rank apply? HELD: No. Mere fact that victim was a person with
aggravating, absent evidence that the killing was deliberately
25
but within the same compound. The houseboy went to the house of
the amo and killed him there. HELD: Dwelling is NOT aggravating
here because the servants quarters located in the same compound
are considered as part of the dwelling of the offended party.
o Sir doesnt agree with this. He thinks that the two
houses are separate and distinct means it is a different
dwelling.
Does dwelling apply in robbery? Distinguish.
o Dwelling is aggravating in robbery with homicide or
o
inherent.
PD 1613: Dwelling is not aggravating in arson.
Gonzales v Ppl 515 SCRA 580 accused burned a dwelling; SC
said this is NOT aggravating bec under PD 1613, burning of an
uninhabited house is DESTRUCTIVE ARSON (dwelling element of
this crime)
P v. Malngan: A person dies inside a building burned on
purpose. When is it homicide, when is it arson?
o Intent is PRIMORDIAL.
o If the intent is to burn the house, then the burning is arson
is not aggravating.
P v. Ybanez accused was living in the house of the other accused
P v. Ostia - elements
26
night time, there must be evidence that night time was sought for, or
If all three are present, are these separate ACs or only one?
General rule: only one.
Exception: P v. Libraldo 390 Phil. 548 These ACs may be
or fatal injuries.
SC HELD: the four armed persons contemplated in the law
must be principals by direct participation for band to be
Night time
Night time:
o Subjective test when night time was sought purposely to
commit the crime
in the bar)
P v. Estante Jr. There were four accused, it was alleged in the
information that they composed a band. Two were acquitted.
27
= 2. No band.
Band is merely a generic AC in robbery with homicide or robbery
generic MC.
BUT for par 2,3,4 band is qualifying (P. v Escua)
Contrast:
o Art. 266-B if rape is committed by 2 or more persons, the
directly or indirectly
P v. Berayon: There should not be any conspiracy or the armed
men must not be principals (since act of one is the act of all)
P. v Manayaw: Aid of armed men may be absorbed by band
Prior crime > decision must be final and executory there must be
recidivism!
REITERACION:
o P. v Laison > doesnt deal w/ offense but w/ penalty see p.
165 boado
Art 14(11) price, reward, or promise
the crime
(3) he clung to that determination
to carry it out
Essence of this AC: precedence of cool thought and reflection
P v. Rodas: how much time must elapse? The law does not give
a formula. Each case must be resolved on the extent of each
factual circumstance.
P v. Beltran: There was only a lapse of two hours from the decision
premediation? YES!
Evident premeditation is inherent in every specific intent
felony.
o Ex. kidnapping
o Robbery
o Theft
o Estafa (intent to gain)
o Piracy in Phil. waters
P v. Curatchia 180 scra 340: If in addition to the crime of robbery,
the accused intended to kill a person (robbery with homicide),
evident premeditation is aggravating.
o If he had no plan to kill a person, but he ends up killing a
evident premeditation.
P v. Perame and P v. Dela Cruz: if two or more persons conspire to
commit a crime, and they decide to commit it, there may be
evidence premeditation if the conspiracy allowed the conspirators to
ponder upon and reflect on their decision to commit a felony.
o NOTE: types of conspiracy
29
premeditation
2) non-instant conspiracy: time to reflect
person?
P v. Lovitania 388 SCRA 417 treachery is NOT aggravating in
other means)
P v San Pedro accused told victim that he was a minister of a
supposedly wanted to buy are found. But they ended up killing the
existence.
Parricide aggravated by abuse of superior strength
with homicide.
P. v Ancheta > Any of the circumstances under Art 248, RPC are
only generic ACs and not to qualify crime to robbery w/
with murder.
o So treachery can apply, under the Escote rule.
Treachery must be PRESENT at the inception of the attack.
Treachery will not be considered even if present at a subsequent
stage.
30
offended party
B) deliberate act of the offender or conscious
execution
Aspects of second element:
P Guzman 503 scra 615 mode of attack must NOT spring from an
unexpected turn of events.
If a child is killed on occasion of robbery =crime is robbery w/
homicide, killing of child is AGGRAVATING and not qualifying.
If 2 or more committed the crime but only one committed treachery,
only that person is liable.
Treachery absorbs night time, band, superior strength.
Inherent in treason.
Even if night time absorbs treachery, for purposes of set off,
treachery may be considered.
o EX killed-treachery; night time; there is a mitigating
circumstancefor purposes of set off, night time
considered by court. Pwede? NO!! IF circumstance is
already absorbed by another, that circumstance already
loses its juridical existence. It cannot be used anymore for
the purpose of set off.
treacherous
May treachery be considered if the wrongful act done be
different from that intended by the offender?
o P v. Castillo Treachery is present even if the victim killed
o
personae
Treachery is inherent in murder by poisoning. If the offender
assault.
NOTE: Art. 266-A of RPC: Decisions in Bacule and Sailan
left leg and took the flesh from the legs and shoulders of the victim,
reason of robbery, two are killed, can we not consider the 2nd
liability
So if he assists, then the minor is completely exempt from liability
But the same may be an aggravating circumstance
The use of motor vehicle for purpose of committing crime but SC
loot
P. v. Marasigan > If victim driver of taxi, accused killed victim,
cruelty.
P v. Regala (april 5, 2000) en banc: The accused
32
be considered an AC.
SC changed its mind in P v. Sitchon Drug addiction is
crime or an AC.
o P v. Sabanao If an unlicensed firearm is used to commit
murder.
Dissent of Callejo: Its absurd! If illegally possessed only
aggravating. If legally possessed qualified to murder! Unjust.
o
o
be.
Ex. parricide w/ unlicensed firearm use of UF is SAC
But one can argue that since the law only mentions these
two crimes, under pro rio, then it must be construed in
favor of the victim.
33
election code.
There is security guard of an agency. The agency has license
to possess firearm, but the guard does not. The security
guard used the gun to commit murder. Is it AC?
o Catalina Security v. Decano Yes, it is an AC. Even if the
employer was licensed but the guard had no license to
RA 8353
Take note that before this case, the SC has always been divided
whether treachery can apply to robbery with homicide. Those who
say no say that it cant apply because robbery with homicide, which
ALTERNATIVE CIRCUMSTANCES
Relationship
34
o
o
abuse.
P v. Orilla 422 SCRA 620 J. Carpio: Art. 15 does not say when
relation is an MC, and when it is an AC.
o
In crimes where the imposable penalty is death,
relationship shall not be deemed an AC, regardless of the
crime.
Relationship is always aggravating in crimes against persons such
as homicide, murder.
Relationship must b e construed liberally in favor of the prosecution.
MIDTERM: state in your memo whether the ruling in orilla will still
Degree of Education
Ppl v Casiliao burden of accused to prove lack of intstruction; Not merely
illiteracy but lack of intelligence to comprehend crime
Intoxication
35
officers
Labor Code ex. illegal recruitment (39-D) same penalty
theft / robbery
RA 8049
ART. 16-20: principals, accomplices, accessories
If hazing is done in the house of one of the off icers of a sorority / frat
and the parents dont stop, are the parents liable? Yes, as principals. RA
DDA
the employer
Penalty for corp of course not imprisonment but can be
liability
Still no phil law that provides for crim liability under this doctrine
BUT sec10 of RA 9851 = in addition to other grounds, a superior
36
Criminal presumption(?)
conspiracy?
o Enough to be held as co-principal through conspiracy, as
commission.
What should the overt act consist for principals by direct
participation?
o Active participation
o Or giving moral assistance to the other conspirators
Mere presence
(Dizon v CA )
Art 16
Why arent accessories punishable for light felonies? Bec
impairment to public order/ damage to property is minimal
principal?
o Yes. For example, there is conspiracy and one is on look-
Principals
Note that these provisions only apply when two or more people are
acting criminally
P v. Dasilo When may a person be criminally liable as principal by
direct participation?
o Participation in criminal execution
o Carried out the plan and directly participated in the
o
execution
[N.B. There must be conspiracy, under this usual definition
]
But can there be principals by direct participation
without conspiracy?
participation.
How about the mastermind? For him to be a principal, does he
of conspirators.
Supposing rape was committed by 2 or more persons, what
happens?
o P v. Hofelina It is a qualifying circumstance in the
commission of the crime. In a case, the husband raped
the victim, while the wife of the accused was holding the
arms of the victim. HELD: The husband was guilty of rape
37
indispensable cooperation.
Since the crime was committed by two persons, there is a
RP/death.
P. Quitain 3 men, man2 and man3 held woman while
of crime!)
indispensable cooperation
Is it possible that two persons are conspirators but are liable
for different crimes?
o Yes. Example, the private individual is liable for delivery of
prisoners, while the escaped convict is liable for evasion of
o
sentence.
Ex. Two persons killed one of the guys wife. One is liable
violence.
Is it possible that one is liable only for robbery but not
robbery with homicide?
38
People v Andan:
A had a check. He gave the check to B, B negotiated check to C. Check was
dishonored. What are the liabilities? Can one be a principal by indispensable
cooperation w/o conspiracy w/ another?
39
Ppl v Abari 232 scra 39 aside from accused having tremendous moral
them.
ascendancy over the pdp, inducement made was EFFICIENT CAUSE w/c
Can the PDP be exempt from liability but PIC criminally liable? What article?
YES. Art 332. Family members. P.920 boado
PIC there must be conspiracy
A wanted to rob B, asked C to lookout. After A robbed B, A was fleeing from
house, policeman arrived, confronted C and C killed the policeman.
2 crimes here -Robbery B: PDP; A: accomplice
Killing A and B are PDPs
***MIGHT BE ASKED IN MIDTERMS: Contribution of accomplice must have
convinced pdp to commit the crime, w/o which he did not commit the crime.
Ppl v Po 26 phil 913- One may be liable as PIC yet PDP is NOT. Example:
person wants to get residence certificate. He goes to clerk in treasurers
office, tells clerk he wants medical certificategives name, citizenship, etc
but he is actually lying. Is the clerk criminally liable for falsification? No bec
clerk (PDP) was just relying on what PIC was telling him. Good faith is a
defense for a felony.
If a man marries a woman already married, is he liable as a PIC?
Ppl v Concepcion 40 OG 2878/ Ppl v Arcilla One may be criminally liable
as an ACCOMPLICE to the crime of bigamy if he/she marries a person
knowing him or her to be married.
married is liable as a PIC. But if he is not aware that the person is not
committed!! BUT you can argue other way that he had already fled so no
liability.
A promised to pay B p500 to kill C. B fired gun and killed C and D. Is A a
principal by inducement?
A paid B to kill C but B raped C. is A still liable as principal by inducement?
No. because its not the direct and natural consequence. If another crime is
committed, he cannot be liable.
Even if the reward was not later on given by the principal, the mere fact that
the principal by inducement offered to pay, he is criminally liable. (Ppl v
persons
in
authority
in
PNP,
AFP/other
law
enforcement
40
Art 18 Accomplices
A wanted to rob C. B acted as a LOOK OUT and profited from effects. What
is his liability?
Lookout not part of conspiracy is merely an accomplice since he is merely
an instrument and agrees to cooperate. HOWEVER, if he is a co-conspirator
Art 21
Estoppel does not apply to criminal cases. The offended party is the
imprisonment!
Brilliante v. CA: The SC issued admin orders giving preference to fine
over imprisonment for BP 22 and libel. There was no abolishment of the
penalty of imprisonment.
NOTE: Art 247 does not provide for penalty but only an exempting
circumstance
IS THERE A CRIME OF BLACKMAIL?
No specific provision in
rpc defining and penalizing blackmail but its
similar to THREATS
How bout euthanasia / mercy killing? no, but murder under 248
SODOMY? Defined and penalize? No. but punished by RA 8353
Art 22
the discretion of the court. There must be limits imposed by law. ; YOU
Art 23
44
days
This is not deemed a penalty
party.
If a crime is public, private individual cannot pardon the crime or
State that is the offended party; the private individual is just a witness.
Criminal liability may only be extinguished by law or the grounds in Art.
89.
o
Caayong
Arts 25-27
case
Lacson v. Roque: Suspension of mayor is not a penalty in this
o
Par. 4 refers to administrative sanctions in administrative cases against
public officers and employees (imposed by superiors) Tudtud v.
2 degrees
P v. Diqui: after imprisonment of 30 years, eligible for pardon
o Not mandatory; dependent on President
It was never the intention of Congress to convert RP into a divisible
proceedings)
Ricaforte v. Jurado: fine is not given to the complainant; it is
should have amended Art 76 of the RPC but it did not (this is
convicted?
Yes. The law does not prohibit him from using his
Art. 28
46
to Art. 39?
o
How about the penalty of fine under Art. 38 of the RPC in relation
underwent PI.
Can those sentenced to destierro avail of art 29? YES. Destierro also
form of PI (Ppl v. Sabillo); Destierro does not involve imprisonment,
Art. 38
Pecuniary liability accused was convicted of a crime and ordered to pay
civil indemnity, reparation for damage cost, fined and damage cost
How will amt be paid if his money is lacking ? Art 38 (relate to Art 72 of RPC
midterms!:)
If minor served maximum, can he be made to remain? YES, depends on
discretion of rehab center.
If penalty on minor destierro, he shall be released after 30 days as
civil liabilites shall be paid following chronological order under art 72)
with the service of the sentence with the full time in which the child was
preventively imprisoned
o Provided the child agrees with the rules and regulations of
PENALTY.
If he is not insolvent, but he does not want to pay the fine, can he
choose to go to jail instead?
o No. The accused the has no choice but to pay the fine. Fortun
Ironworks Co v. Schwarzkott
Although in P v. Subido, the SC said the convict has to choose
whether to pay the fine or choose subsidiary imprisonment. J.
order this.
People v. Singson but before the court may do so, the tools
or instruments must be presented to the court as evidence.
1732.
Supposing he was convicted for possession of unlicensed firearm
imprisonment?
o Yes. Again, Art. 39 is consistent with Art. 10, not Act 1732.
Subsidiary imprisonment is a penalty. There must be a statement in the
Who has the power to order forfeiture of the proceeds of the crime
or destruction of such.
People v. Gacutan In case of bribery, the money used may
be forfeited in favor of the state.
contraband.
(DDA) RA 9165, Sec. 20 those subject of the crime, including
subsidiary imprisonment.
Toledo v. Superintendent, citing Bagtas v. Director of Prisons, supposing
proceeds derived from drug trafficking, and even money and assets
year limit?
o Where this situation exists, the 6 year period limit shall be
imposed, even if the penalty for each of the crimes is less than
6 years.
Art. 45 forfeiture of the proceeds of the crime
48
period
Delito compuesto (first mode)
o Either dolo or culpa
o
o
the RPC
If punishable under the RPC and an SPL, Art. 48 will NOT
impulse.
In crimes against chastity, the SC adopted another test: single criminal
intent.
o P. v. Obrique raped niece at 10 am, then 11 am at same
grassy area. One crime of rape, even though committed in
woman and she sustained Less SPI in her vagina. Art. 48 Rape
complexed with Less SPI
o Problem here: SC applied the second paragraph. J Callejo
impulse test.
P v. de Leon took two roosters on one occasion. SC HELD:
one crime of theft because it was in response to one criminal
49
occasion.
P v. Calimlim: Raped victim for first time is the pig pen, about
8m from the house. Then brought her to the room and raped
again. Brought her to kitchen, where he raped her again.
successively.
Test: place test
be the crime.
P v. Rimurin (?) if the victim of kidnapping got raped, how
many crimes of special complex crime of kidnapping and rape?
o
o
50
under Art. 48(1), applying single impulse test. [Note: court just
multiple modes.
Gamboa v. CA: There was no single impulse, intent, or
Libel:
o
were injured.
Malversation:
o P v. Barbas: There may be a complex crime of malversation
through falsification of official documents a crime being done
to commit another crime.
commit estafa.
o HELD: Estafa, through falsification by culpa.
Why, can a public document be done through culpa?
o Yes. Because for official or mercantile documents, there is no
o
private documents.
What about forcible abduction with rape: related with Art. 342 and
1. Indispensable
2. Essential element or mode of committing another felony
3. Merged with another crime
4. Felony is committed to conceal another crime
Take note: Batulanon v. P [Note for the Bar]: Company officer falsified
two private documents to make it appear that there were two extra
employees, even if she really just kept the wages for herself. Apply Art.
48(2) for estafa through falsification of private document?
o No. There can be no complex crime of estafa through
absorbed by rape.
52
Recits
365?
o No, Art. 365, because it involves negligence,
Another principle in De los Santos can Art. 48 apply if the
offender, under the pro reo principle. What does J. Tinga mean by
that?
o
Article 48 of the Revised Penal Code provides that when the single act
constitutes two or more grave or less grave felonies, or when an offense is a
necessary means for committing the other, the penalty for the most serious
crime shall be imposed, the same to be applied in its maximum period.
Since Article 48 speaks of felonies, it is applicable to crimes through
Because even if there are two crimes committed, the law only
punishes the offender for one, although it is in the maximum.
Because in the eyes of the law, the two crimes stem from one
criminal intent this is less perverse in the eyes of the law
53
People v. Paicana, Jr.: the accused stabbed his wife to death, and she
bar]
a different provision.
How do you define grave and less grave offense?
o Defined according to the penalty.
o Grave: afflictive or capital
o Less grave: corrective
Does 48 apply if one crime is under RPC and one is SPL?
o No. It mentioned felonies.
o So punish them separately. Ex. violated estafa and BP 22.
If one is under RPC and ordinance?
o No. Punished under both the RPC and the ordinance violated.
Can there be a complex crime of arson and homicide?
o No. Its either only simple arson or simple homicide. NEVER
o
Recits
complex.
Look at intent.
Lecture
Lecture
Will Art. 48 apply if the resulting crimes from the single act
constitute two different felonies?
o Yes. Ex. I threw a grenade at the house of my wife and
paramour, and both died. Guilty for complex crime under Art.
intentional mutilation
Ex. kidnapping with murder, kidnapping with rape, kidnapping
with homicide
People v. Ordono the accused each raped the victim, and one of them
killed the victim. Both are guilty of rape with homicide (one each), even
if only one killed the victim.
54
There is only one crime of theft even if the accused stole 13 cows
Art. 49
union.
May this apply in special penal laws? Yes. Santiago v Garchitorena
Skipped 50-60
Memorize Art 50
But take note that the regular provisions on calculation of penalty do not
apply for the privileged mitigating circumstance in Art. 68
READ:
extend stay of aliens by virtue of EO. Despite this, she signed several
Ppl v Bonn
Ppl v Sarsia
committed.
What is the penalty for a complex crime?
There is some commentary that the penalty for impossible crime does
not apply for light penalties (or else, the penalty for the impossible crime
would be greater than the crime itself)
Art. 67
55
Art. 64
Art. 61 and 71
penalties.
ONLY reclusion perpetua is indivisible now.
Art. 62
might be asked!
Habitual Delinquency: This provision applies even if robbery is with
isa lang yan. Conviction of accused for 2nd / 3rd must be after 10 yrs.
(read more; I didnt catch everything he said sa part na to-yas)
Penalty of fine
Art. 63
RP is indivisible.
o Cannot be affected by mitigating circumstances
o EXCEPT privileged mitigating circumstances
56
Art. 70
suspension of sentence
o Padua v. P
RA 9344, Sec. 2
o Minor 15 or younger: exempt (no discretion to commit a crime)
RA 9262
o A woman who is suffering from BWS is exempt from criminal
liability
If a minor is charged with a heinous crime punishable by death or RP-
Art. 69
penalty of imprisonment?
o 1. Perpetual absolute DQ
o 2. Perpetual special DQ
o 3. Temporary absolute DQ
o 4. Temporary special DQ
o 5. Suspension
o 6. Public censure
o 7. Fine
o 8. Bond to keep the peace
o 9. Civil interdiction
Can destierro be imposed as the same time as imprisonment?
o No.
Imprisonment must be served by the convict successively, following
the order of their severity, as provided for by Art. 71
o 2nd sentence does not commence until after the first expires.
Is subsidiary imprisonment included in computing the 40 year period?
NO. Do not include subsidiary imprisonment penalty in the computation
imposed on a minor)
Accused sentenced to 3 counts RP, so sentence not more than 40 yrs.
While in jail, he killed a assaulted n killed a security guard direct
assault with homicide. Will this be included in 40 yr period? NO. Bec this
57
service as
How will accuse pay civil liability if he has been sentenced / serving in
prison? Chronologically.
NO COMPUTATION OF PENALTIES IN THE MIDTERMS
Art. 76
specified.
It is NOT included in Art 70; however if it is an accessory penalty, it is
included in art 70
Art. 89
of penalty
P v. Bayotas: civil liability of accused extinguished by death includes
censure (P v. Abellera)
Judge sentenced accused to 25 years RP; can he be compelled to
serve sentence?
o No. There is no such sentence as 25 years of RP; just RP.
o Remedy: writ of habeas corpus.
Art. 79
Pardon: does not look back; looks to the future and is not retrospective
o If he is pardoned and commits a crime of the same title, he is
o
still a recidivist
Given by president; board of pardons and parole can give
58
pardon P v. Patriarca
other accused?
How about terrorism? May pardon be granted? (RA 9372) yes, because
Art. 344
US v. Guarin the offended party may grant the offenders, in the crime
complaint
If there is conviction by final judgment, the President may grant
involved in rebellion)?
Yes. But the amnesty does not include any crime not
Marriage
o P v. De Guzman (3 March 2010) Under 8353, the marriage
between offender and offended party in rape or sexual assault
will extinguish criminal liability and the penalty already imposed
(Diongzon v CA)
How about restitution of property subject of offense? Does returning
property extinguish criminal liability? No, because criminal act has
already happened. It may only be a mitigating circumstance akin to
Prescription of crimes
59
Reyes)
This is dif from bigamy. Registration does NOT constitute constructive
knowledge.
Prescription of a light crime art 9 of rpc will apply
Prescription of penalties
60
to civil liabilities.
Is the adopted civilly liable for the damage caused by the adopted
minor?
o Yes.
What are the requirements for the employer to be civilly liable for
the hospital
Are these consultants deemed employees?
Recitations
61
minimum.
Service of accused of minimum makes him eligible for parole. If allowed,
he will be discharged.
MAXIMUM will be based on the penalty provided for by law. Penalty will
have it lessened?
o Phil. Rabbit v. P: If there is collusion between employee and
this?
law.
of society as a whole.
To give individual a chance to rejoin society and be an asset to
the registered owner is the operator of the same with respect to the
driver; the actual operator and owner are mere agents of the registered
holds that the accused did not commit the acts on which the
Yes.
o At what stage of the proceedings can the employer do
FOR MIDS: Determine who are qualified and who are not.
Under ISL, one may enjoy partial extinction of penalty. Convict who
social ends.
Sec. 1:
o Court must determine the maximum of the indeterminate
o
imposed by law
Cannot avail of ISL / who are disqualified?
62
synonymous. Serrano v. CA
2. Treason, misprision of treason, proposal to commit treason,
o
o
o
o
mayor)
o [7. Those already sentenced by FJ upon passage of Act]
PENALTY imposed upon the above will no longer be lowered by one
degree.
Bates v. P: If the court imposes a penalty of fine (if alternative between
When the person serves the minimum of the ISL, he may apply for
parole. He will be allowed to leave the penal institution under certain
imprisonment and fine), the ISL does not apply because it applies only
Probation
NUMBER ONE RULE: if you file appeal, you lose probation. If you file
when not
o Answer: when BOTH minimum and maximum durations of
with conditions.
If he reaches 21, he goes to jail, but with
Parole
63
if absorbed by arson.
Rodriguez v. Pomferada: I issued a post-dated check in payment of a
current obligation. It bounced. How many crimes? Two: BP 22 and
crimes, there is only one check, thus there should only be one payment
he has to submit a program of payment for the civil liability. He did not
estafa. Q: Will the person have to pay twice for the value of the check,
considering there is only one check? HELD: Although there are two
pay. The probation was revoked for failure to comply. Went to the CA:
of the check.
Damages:
o Art. 2202: for crimes and q-delicts liable for all natural and
nominal, etc.
104: reparation, restitution, indemnification for consequential
CIVIL LIABILITIES
damages
o 2200: not only value lost, but also lost profits
Moral damages
o Macalinaw v. Ong: includes physical suffering, besmirched
reputation, mental anguish, fright, serious anxiety, wounded
o
feelings, etc.
Under what circumstances may MD be recoverd?
Includes death
Quasi-delicts
Adultery concubinage
64
Exemplary damages
o Art. 2229: exemplary or corrective damages imposed by
Interest
o Art. 2211: right now, 6%
be imposed
In criminal law, an AC not alleged in the information
75,000 indemnity
50,000 indemnity
65
not distinguish)
But the offender cannot be obliged to acknowledge offspring in
adultery and concubinage, when the offended party is married
life
=
expectancy
gross
x
annual
less
income
expenses
proof that the heirs suffered emotional pain, suffering, etc. Ex.
75,000 indemnity
66
50,000 indemnity
Qualified carnapping:
o
o
50,000 moral
reasonable.
P v. Billaber: In a charge for illegal recruitment, the money paid by the
applicant (placement fee, etc.),
o 12% interest on the return of the amount paid from time of filing
75,000 indemnity
Restitution
Order to return ransom: because the father gave ransom to offender.
Basis: Art. 105 and 108 of the RPC.
What if a third person acquired a property that was subject of crime?
o Can still recover the item from that person
o But the buyer in GF is entitled to reimbursement from thief or
criminal
If the stolen property cannot be returned anymore, what is the
remedy?
o Value of the thing taken.
o When do you determine value? At time of commission of
crime or upon order of return?
67
TREASON (114)
Recits
14, and will just assess the crime, according to its barbarity.
Is treason a specific intent crime?
o Yes. The specific intent is to deliver the country to the enemy.
o If you dont intend to deliver the country to an enemy, then it is
mere rebellion
Aliens may also be guilty of treason. Under what circumstances?
o If they are residents of the Philippines, because as resident
aliens, they owe temporary allegiance to the Philippines. While
they are here, they are under the protection of the Philippines.
Treason is a war crime. Explain.
o It cannot be committed during time of peace. It may be
incubated during time of peace, but once war commences,
done.
Laurel v. Misa:
o Philippine government was still the de jure government,
There are those who hid the principals in treason or helped them
68
not enough; the witnesses must be credible. Each witness must testify
Lecture
those not present in the scene but playing just a small part are
considered principals.
This is the only provision in the RPC that is based on the constitution of
the US (Art 3, Sec 3), and not borrowed from Spain. This includes the
Corpus Juris Secundum: Treason differs from other crimes, because all
persons are regarded as principals. Those aiding or abetting, or even
acts.
There is difference in quantum of evidence to prove adherence and
to prove the overt act. Explain.
o Adherence may be proved by direct or circumstantial evidence.
o The overt act, however, must comply with the two-witness rule,
government.
What is the second mode?
o 1. Adhering to enemy
o 2. For giving aid and comfort
o N.B. BOTH elements must concur. Without one, there is no
treason by the second mode. He must translate this to overt
to the enemy.
P v. Lozano: Sexual and social relations with Japanese soldiers do not
materially improve their war effort.
o Again, J Callejo disagrees.
Dillars v US: Aid and comfort may be made by speech.
Article 12 defenses APPLY. (Uncontrollable fear, etc.)
Treason absorbs common crimes. (Discussion above)
The ISL does not apply to treason. There is a specific provision.
69
Offenses:
o 1. Without authority, entering warship, fort, etc. to obtain
Felony by omission.
Elements
o 1. Aware of plan to commit treason;
o 2. Fails to report it to governor/mayor or fiscal
Gravamen of crime; WILLFUL or MALICIOUS concealment. It is a
crime by dolo.
How much time? Depends on circumstances.
ONLY committed by Filipinos, not a foreigner. Thus, dual citizens, who
Lecture
waters
2. Seizing the vessel in the vessel whole/part of its cargo,
equipment, or personal belongings or complement or
passengers
PIRACY (122-3)
from piracy in Phil. waters or high seas in Arts 122 and 123.
How to distinguish: P v. Puno
them to be liable under Art 122 or 123 they must not be part of the
crew or complement.
o If they are passengers or crew members, the act is ROBBERY
Constitution:
o High seas: all parts of the sea not included in the EEZ
o EEZ: not extend beyond 200 nautical miles from shoreline
RA 9372 terrorism law
o Piracy in Phil. waters or high seas are predicate crimes of
in the population, then terrorism is committed, with these as
predicate crimes.
PD 532 defines a vessel:
o To transfer passengers or cargo
o Includes boats for fishing
P v. Catantan: There is crime under PD 532 even if offender did not
seize the vessel, but merely boarded it and inflicted PI on the occupant
or owner.
RA 6235 aircraft hijacking is a predicate crime for terrorism under RA
9372 too.
Art 48.
EVEN IF a lot of people died or were raped, there is still one
crime of piracy.
But if these crimes were committed after the piracy has been
o
o
71
without warrant.
Ex. a person evading his sentence may be arrested on the run
without a warrant, because he is committing an offense in
flagrante delicto.
David v. Arroyo: Mere fact that the accused was wearing a t-shirt saying
oust Gloria now is not a reason in itself to be arrested for inciting to
sedition.
P v. Lozada: Hot pursuit based on actual facts, with the use of the
senses of the policemen, with reasonable basis to believe that the
person in authority.
How about the CAFGU. Are they persons in authority?
o Yes. P v. Flores: They are authorized to carry firearms, to
complement the operations of the regular force of PNP; they
person.
o Ex. PNP, NBI, even judges acting in official capacity
Milo v. Salangga: Sec 338 of LGC who are persons in authority, or
agents of persons in authority authorized to detain:
o Punong barangay
o Members of sangguniang barangay
o Members of lupong tagapamayapa
o N.B. They are persons of authority but limited to their
72
of the court.
May there be a complex crime of arbitrary detention with PI?
o Yes. This happens when there is excessive force in the arrest.
The period provided in Art 124 are NOT essential elements of the crime.
o
o
o
enough that the nature of his deed, and how the officer at the moment
characterized the act.
o
o
judicial proceedings.
NOTE: Not a PI.
Soria v. Desierto: delivery of arrestee to judicial authorities
constructively:
Not to the CA, not to the SC. They are not trial courts.
If there was no warrant of arrest or commitment order, but
Elements:
o 1. Offender is public officer or employee
o 2. Detained a person legally
o 3. Fails to deliver person to proper judicial authorities within
proper time period
RA 9372 what are the duties of those conducting custodial
investigation?
o More expansive than duties in RA 7438. [Check]
o Before detaining a person after warrantless arrest, he MUST
first deliver the person to the nearest office OR RESIDENCE of
RPC.
How do you determine the imposable penalty?
o 12 hours light
Yes.
Take note of rules on inquest, under Criminal Pro. Art. 125 talks about
those LAWFULLY arrested, but there was no immediate delivery to the
courts.
o The inquest must be terminated within period stated in Art.
18 hours correctional
36 hours afflictive
BASIS: what crime as it appears to the arresting officer, and
arrested then delivered to MTC, but the judge was not there. The
arresting officer did not release the detainee. He just delivered to the
clerk of court. HELD: Liable for failure to deliver, because the clerk
cannot conduct PI anyway and the judge was not there.
o Note: If the case is cognizable by the OMB or Sandiganbayan
there is agreement between OMB and DOJ, where the DOJ
73
THREE DAYS
Delay in delivery of a prisoner arrested lawfully by a private person
residence?
o Yes. Sec. 10. The court may require the probationer to reside
in a place designated by court, and may not change residence
the confinement.
DELAY IN RELEASE (126) [STILL ARBITRARY DETENTION]
other country.
RA 9372 one charged with terrorism may be granted bail, but placed
under house arrest under usual place of residence until further order of
court.
committed. US v. Dorr
May only be committed by public officers or employees with authority to
arbitrary detention.
EXPULSION (127)
(129)
offense
P v. Dela Pea: If the officer applied for search warrant without probable
searches in domicile
PROHIBITION, INTERRUPTION, DISSOLUTION OF PEACEFUL MEETINGS (131)
cause, and uses the warrant to extort money. Is the police officer liable
for malicious procurement?
o Yes. Because he was not acting in GF. There was malice.
o If the policeman applied for a warrant in GF, but it was denied,
door.
Breakage: includes lifting latch, unlocking chair or hatch,
or deposition
o There are TWO crimes committed: 1. Perjury, 2. Procurement
o
authority.
P v. Hua: Office may break open the door, if he is refused entry upon
knocking and identifying himself as an officer.
o Knock and announce rule in warrants, BEFORE breaking a
Acts punishable:
o 1. Procuring search warrant without just cause
o 2. Exceeding authority or using unnecessary severity in
executing legal search warrant
Remember: 129 is an EXCEPTION to Art. 48. When a public officer
There is also a crime when a search warrant was lawfully obtained, BUT
legal ground
2. Hindering persons from joining lawful association or
preventing them from attending
3. Prohibiting or hindering persons from petitioning to
75
Recits
of powers/prerogatives
What about coup detat? It is a crime against public order too.
o Again, it is a specific intent crime so the difference lies in the
o
consummated.
But it is, according to Omil v. Ramos. Oh well.
Lecture
REBELLION (134)
purpose
It is to diminish inherent powers of the State (taxation, eminent
to certain matters
P v. Hernandez rebellion is a vast movement of people; involving
multitudes
Rebellion
o Any part of the country; or whole country
o Can be private or public individuals
76
crimes.
Terrorism is different because the purpose is to achieve the illegal
DISLOYALTY (137)
disloyalty
Motive of public officer is immaterial; whether it is gratuitous or not
But if he commits overt acts of rebellion (for example, he continues
discharging his office and he commits murder or malversation to help
purely monetary.
For rebellion to exist there must be intent + overt acts.
May there be frustrated rebellion?
o No. When the intent + overt acts are present, the crime is
consummated. There is no need to achieve the goal.
o Likewise, no frustrated coup detat.
o No need for actual clash
US v. Vergara mere membership in CPP is not rebellion. But being a
member of the NPA, the military arm of the CPP, constitutes rebellion.
Common crimes are absorbed by the political crime.
o But even if the common crime is absorbed by the political
crime, there may be civil liability for these predicate crimes.
The liability under the NCC is apart from liabilities in the RPC.
No more crime of subversion.
power)
Modes: violence, intimidation, threat, strategy, stealth + swift attack
Does not absorb all common crimes (ex. Rape is not absorbed)
Omil v. Ramos: conspiracy to commit rebellion or coup detat is a
continuing crime
o Believe it or not, according to J. Callejo
Use of explosives is absorbed by coup detat (RA 8294)
SEDITION (139)
popular election
2. Prevent National, provincial, or municipal government or
77
social end
Sedition is the raising of commotion or disturbance in the state; revolt
crimes
There can be a complex crime of Sedition and Art. 143/144 (prevention
of meeting of board/Congress)
Again, the crime is consummated upon concurrence of intent + overt
acts.
public peace
3. Writing, publishing, circulating scurrilous libels and
to prision correctional.
If a congressman is in possession of low-caliber gun, he is protected
act.
Second form is a point of disagreement.
o Second form: the audience or assembly is incited to commit
rebellion, treason, insurrection, sedition, or assault upon
o
o
inciting.
If the inciter is a member the government
sedition
ILLEGAL ASSOCIATIONS (147)
79
public morals
What is public morality?
o Estrada v. Escritor: those which are detrimental or dangerous
to conditions helpful for the advancement of society
o NOT religious morality, but secular morality
RA 9208 Law against trafficking or women or children
o Also punishes association organized to propagate or promote
o
o
of his agents
terrorism
person in authority
Crime may be committed when PIA or agent is performing duty
Seriously qualifies only intimidate and resist but not attack
duty.
If a mayor is attacked for past performance of duty, is it direct
assault?
o Yes.
Attacked barangay kagawad, but hit the barangay chief tanod who
was just sitting around. Is it direct assault?
o P v. Recto: No. He is not performing his duty at the time he
was killed.
The person MUST be aware that the person is a PIA or an agent
thereof. P v. Reyin
o P v. Alviar: Changed the rule a bit:
o But for very popular officials like Mancao, people ought to know
Agent includes:
o Police, municipal treasurer (since he is only a deputy ex-officio
force the law requires, since the law itself defines the force by
agreed to fight
o SC It was direct assault because they did not fight outside
P v. Fook
o Fook, a Chinese person, went to the Philippines. He got body
scope of duty.
Resistance is legitimate against exceeding authority of PIA or
agent. How much resistance can be done depends on the
evil or injury
US v. Gamban when a person lays a hand over PIA, the
crime is direct assault. It is not necessary to ascertain what
nations
There can be a complex crime of direct assault with another felony. But
if direct assault is committed and ONLY slight PI results, there is just the
81
PI. The PIA must not be performing his duties when the less
serious PI are inflicted, or it is not by reason of past
o
performance of duty.
Art 48 Direct assault with less serious PI if the PIA is in
performance of his duty or is attacked for past performance of
duty.
Can there be complex crime of DA with serious disturbance under Art.
153?
o
(#1 or 2)
Relate to Senate v. Ermita: EO 464 case.
o The President of the Philippines and members of SC are
o
Acts punished:
o 1. Refusal to obey summons of Congress, or any commission
o
o
o
o
Elements:
o 1. There is direct assault against an agent of a person in
o
o
excess or abuse
assault
There is only indirect assault if the private person
extensive with the excess of authority, and just sufficient to repel the
Senate
Relate to Sec. 35 of RA 9372
o Any information secured in violation of anti-terrorism law is
inadmissible in evidence in any judicial, QJ, legislative, or
admin functions
82
the meeting.
David v. Arroyo the policemen should not have acted precipitately in
KMP v. Ermita
o There is need for permit in a rally (BP 880)
Recits
establishment
Can be committed by a public officer part of the
assembly
gatherings
Can be committed by one not part of the gathering
Can be committed by private OR public officers
Excludes peaceable assembly under Art. 131 (so just
normal gatherings)
What is the nature of the crimes?
o 131 crime against the fundamental law of the State
o 153 crime against public order
that time
The locus of the crime is determinative of its nature. What do you
mean by this?
o The place where it is committed. Public place those which
under 153
o
seriously disturb)
153 (second mode)
83
public.
o So this covers proceedings, such as those by the COMELEC.
Under the second mode of 153, this does not include religious
What is this?
o Caused by more than 3 armed men.
If there is actually a tumultuous disturbance, does the presumption
need to apply?
o No need for the presumption.
In the causation of a serious public disturbance, there is SPI or
131)
Distinguish inciting to rebellion/sedition from Art. 153 (tending to
incite rebellion/sedition)?
o Intent controls. For inciting, there has to be intent in the first
o
o
132)
3. Making outcry tending to incite rebellion or sedition
4. Displaying placards or emblems which provoke disturbance
of public place
[5. Burying with pomp not applicable]
Acts punished:
o 1. Discharging firearm, rocket, firecracker, or explosive within
o
o
in nocturnal amusements
4. Causing disturbance or scandal while intoxicated while 153
is n/a
Is Alarms and Scandals a specific intent crime?
o No. It is the result, not the intent that controls.
o Calculated to cause alarm or danger is an erroneous
o
translation.
If there is discharge of firearm but there is no alarm caused,
What is punished:
o Any person removes from jail or penal establishment and
person confined therein
84
Lower penalty
o OR taking guards by surprise outside the establishment
Lowest penalty
Delivery of prisoners
o Applies to BOTH detention prisoners and convicted
Is the delivery of prisoners a principal or accomplice?
o Principal under Art 156
If the person is a convict, is there a crime when he escapes?
o Yes. Evasion of sentence.
If the person is a detention prisoner, is there a crime?
o No. He is presumed innocent.
Is there a crime of frustrated delivery from jail?
o No.
May they be an attempt?
o Yes.
When is the crime consummated?
o The moment he steps out of the building where the cell is,
o
o
heart and decided to return, is the principal for delivery still liable?
o Yes.
If the prisoner who escapes is a detention prisoner, and he is
convicted later on for the crime for which he was detained, is he
entitled to ISL?
o ???
Is there a provision in the Anti-terrorism law that punishes a
custodian who lets his prisoner escape?
o Sec. 44.
o Can this be committed by culpa?
is inexcusable negligence.
If the detention prisoner is charged with parricide, and the person
delivered him, can not the person be charged as accessory under
Art. 19?
o Yes. The law provides that a person who helps escape a
person who committed parricide, murder, treason, escape, he
of prisoners
o 3. Private person
Is it possible that a person with custody of a prisoner is liable for
delivery of prisoners and not infidelity?
aggravating circumstance.
What about bribery?
85
1. Bribery
2. Delivery of prisoners
But if the bribery was towards another prisoner, what is
the effect?
escaped.
Is evasion a continuing crime?
o Yes, as long as he is escaping, he is committing a crime.
o Rule 113, Sec. 5 allows policeman to arrest a person who
escaped from jail as long as he is out, since he is continuing to
commit a crime.
Can one be guilty of evasion of sentence, although not confined in
a prison?
o Yes.
o Ex. If arresto menor, can spend sentence in house.
o If one is sentenced to destierro, how can one commit
evasion of sentence?
86
v. Gonzales
What is the period for the condition?
o Remaining period of the sentence if the penalty remitted is
maximum.
He commits another penalty. Is he a quasi-recidivist
again?
another crime.
Does the second crime have to be a felony?
penal institution
If the convict evaded on circumstances of a catastrophe:
87
again?
o Anj: Yes. Purpose of law is to punish repeated criminality.
One who escapes from jail, is he automatically a quasi-recividist?
o Justice Regalado: No. Because the very act of evasion of
forgery.
Can only be committed with criminal intent, because the law uses the
word knowingly.
Offender here is not the forger.
is the effect?
o Maximum of the maximum of the more serious crime.
What is the best evidence to prove prior conviction?
o Court judgment.
What is the difference between reiteraction and quasi-recidivism?
o Reiteracion: needs final service of two or more lesser crimes,
or one graver or equal crime
(161)
spontaneous desistance
To import: to bring into port these coins. There is consummation when
the boat enters port or the plane enters airspace. EVEN IF they are not
88
provision.
Damage is not an essential element of utterance
payable to bearer
o 2. Importing false or forged bank notes
o 3. Uttering these in connivance with forgers or importers
To utter is to offer the forged document, knowing it to be false, whether
under 163
Three acts:
o 1. Forging or falsification of treasury/bank notes/documents
the accused bore a PCSO ticket and wrote in ink the number
defraud
o P v. Balmores a PCSO ticket is a government obligation. If
1. Payable to bearer
2. Payable to person named or bearer
3. Payable to fictitious or non-existent person +
(166)
etc.
o
(168)
89
coupled with either actual use or intent to use the fake dollar bills
Possession alone, without use or intent to use, is NOT a crime under
o
o
168
RA 8484 (Access devise law)
o Sec. 17 any prosecution under this law shall be without
prejudice for liabilities for violations of RPC
o So one can be charged under both RPC and 8484
RA 8239 forgery of passports
o If it is also punishable under RPC, and the RPC crime has
o
domination in 166
However, blank forms of postal money orders are not official, public
documents, or treasury/bank notes. They are not certificates of
obligations until filled up.
Possession of genuine treasury notes of the Philippines with any figures,
letters, or words altered or erased with full knowledge of such alteration
ordinance
There must be a deliberate intent (malice)
May a private person be liable under Art 170?
o Yes. The law does not distinguish.
document
2. Erasing, substituting, or counterfeiting, or altering figures,
(171)
concurs)
If falsification of the document is done through simulation or other
means other than alteration, it may be falsification under Art. 171 of the
code.
90
business transactions.
Commercial document used by merchants or businessmen to
by culpa?
o Yes. Samson case he endorsed checks without knowing the
o
due diligence.
How about a private document? Can it be falsified by culpa?
o No. There has to be intent to damage or damage caused. It
cannot be committed by culpa.
play.
A document incapable of producing legal effects cannot be foundation of
a right and thus CANNOT be subject of falsification.
Public document
o When an authorized person not a party thereto intervenes in a
document
o Reports made by officials in their official duty
Official document
o Public officer takes part by virtue of official position, or any
document which has become part of the public records
Is a passport an official document?
o Yes. RA 8239.
What is a commercial document?
o Used by merchants or business to promote or facilitate trade or
credit transactions
Is a cash disbursement receipt a commercial document?
o No. Batulanon it is a private document. Merely a receipt
issued.
Is a sales invoice a commercial document?
o Yes. Monteverde.
A document notarized by a notary public without a commission
is it a public document still?
91
documents?
o The booklets or papers submitted to the CSC are official
documents. P v. Leonidas
How about pleadings of parties and papers submitted to the court
Layosa.
o Layug: an ordinary government employee has a time record
measured through Bundy clock. Layug is a teacher in Davao
falsification.
XXX v. CA
92
check. Before the check became due, the janitor died. The
the asst. book keeper did not include in the ledger things or
widow already received it. She cashed it, thinking it was leave
janitor pa.
P v. Coral
o Got a warrant of arrest, falsified signature of the judge, and had
his wife arrested. He claimed he was not guilty of falsification
o
P v. Dizon
Feigning means the forgery of a signature that does not in fact exist.
P v. Rampas for one to be guilty for falsification under this provision, it
is not necessary that the imitation of writing, handwriting, or signature be
perfect. It is only necessary that the two writings bear some
P v. Bernardino elements:
o 1. Offender is public officer or employee or NP
o 2. Takes advantage of official position
93
did not.
Lastrilla v P
o He had an uncle and auntie. By 2000, his auntie and uncle
Lastrilla signed the signature of his dead uncle and auntie, and
o
modes.
Abubakar v. P accused was a COMELEC registrar. He made it
were not, and that they voted, when they did not.
o Guilty under this same provision
o + Liable under Omnibus Election Code
Can this crime be committed to conceal another crime?
o Yes. P v. Villanueva. Villanueva was an accountable officer; he
appear in the list of voters that certain voters were listed, when they
Malversation
paragraph
Go Kiok to
o Petitioner was Chinese, but he declared himself as Filipino.
o
Petitioner.
Petitioner is guilty under this paragraph as Principal by Direct
Inducement.
94
indicates GF.
A government altered for it to speak the truth there is no falsification
(e.g. there is error in cedula, then altered to speak the truth. There is
COMELEC)
E.g. Guilty of F under this provision, if she falsified a personal
data sheet, which is a document required to be submitted to
statement
Or one issued by a government agency (see Siquian)
P v. Manalo may also be based on R&R of constitutional
statement therein
B) The alteration or intercalation was made in a genuine
document
C) Alteration or intercalation made in document to speak of
171
Alterations or intercalations on the face of a document are, in the
prior to the execution of a document. One making the alteration must
falsely stated in ITR that he has 2 dependents, when just has one, so
Garcia v CA Elements:
o A) a person changes a document or intercalates an entry or
Garcia v. CA facts:
o Garcia had agreement with Quejada, to purchase from the
latter a parcel of land. Garcia made down payment of P5K.
of documents falsified
If there is only one document falsified, but under multiple modes, there
Quejada made two copies: gave one to Garcia, and kept one
with her. When the sale was aborted and Garcia wanted the
falsification
Batulanon v. P
o Read the facts
o As to the three private individuals, he committed falsification of
a private document. The same essential element of damage or
96
behalf of my son, when she actually did herself, she did not
USED IN COUNTERFEITING
nothing falsified
Under paragraph 2, how is the crime committed?
o 1. Person who shall knowingly introduce in evidence in any
o
In a situation where the instruments imported could not be used for the
intended purpose, is it an impossible crime or a crime under Art. 176?
o Still 176. As long as there was intent to use and there was
judicial proceeding
2. or using a falsified document, to cause damage or with intent
to cause damage
A private individual who falsified a document, and also used the
the law
Spanish SC if impossible to use these for the crimes of
counterfeiting mentioned, it is not a crime if it is impossible to
use
importation.
P v. Santiago For one to be liable under 176, no need to
appear that he passed the CSC exam, when in fact he did not, and he
used the personal data sheet to apply for a position with the government
(therefore, not in a judicial proceeding); how many crimes of falsification
did he commit?
o Two crimes:
o Falsification of the personal data sheet
o Use of such document in a proceeding other than a judicial
proceeding
Is a falsified document was used in a judicial proceeding, is there need
97
affected.
If one uses a fictitious name to defraud another, what crime is
committed?
o Estafa. Art. 315-2(A)
Under Art. 299(A)-4, robbery may be committed through use of fictitious
public authority
It is NOT a complex crime. Usurpation is an essential element
kidnapping.
Person pretending to be authorized to issue passports:
o Liable under RA 8239. (Phil. Passport Law)
robbery.
If one uses a fictitious name in a narration of facts in a public or official
document, what crime is committed?
o Falsification of public, commercial, or official document,
because penalty for use of fictitious name is already integrated
in the former.
What is meant by evasion of judgment?
o Includes criminal or civil. Law does not distinguish.
One is a convict serving sentence, and another person in jail substitutes
for the former, to allow him to escape. The other prisoner took his place
and claimed to be the escapee by stating his name. What crime did the
first person commit?
o Evasion of sentence, complexed with use of fictitious name (?
98
proof of motive to lie, and objective falsity itself (if the statement
fact.
There must be judgment of conviction or acquittal, because penalty
circumstances?
o Yes.
It does not matter whether the accused is convicted or acquitted. It the
defense
The testimony must be complete
o Must have been subjected to direct and cross examination
o Unless other party waved right to cross-examination
Villanueva v. SOJ witness must be aware that his testimony is false.
false is internal act. How can you establish this?
o State of mind may be determine by things he states or does,
nomenclature of RPC
There must be criminal intent only committed through dolo. GF is a
99
another.
It is a formal crime. The crime is committed as soon as the false
testimony is given.
o Thus, retraction does not extinguish the crime already
o
committed.
UNLESS it was spontaneously done in the same testimony
there is GF
Relate to RA 6981 witness protection program:
o Person in WPP who testifies falsely loses immunity and can be
liable for perjury
o But NOT art. 180-182 of the RPC
RA 9372, sec. 47
o Any person knowingly furnishing false testimony in any
party
o Ark Travel Express v. Judge might be given in the bar
Elements of 182:
o 1) False testimony given in civil case
o 2) relating to issues raised
o 3) Must be false
o 4) witness knows it is false
o 5) Must be malicious and given with intent to affect the issues
in the case
The retraction of a witness under 182 does not extinguish criminal
prohibition)
How about false testimony in special proceedings?
o Does not apply to special proceedings. Neither does it apply to
naturalization proceedings.
Covers testimony in a petition to annul judgment
Unlike Art. 180, penalty does not depend upon outcome of the case.
civil case
o Includes ordinary action
o Includes supplementary proceedings (Execution of judgment,
liability.
100
It is not necessary that the proceeding where the false statements were
evidence
o Must know that the document is false
Malicious procurement of search warrant and use perjured document
201)
o
no grave scandal. Here, the accused and her paramour were doing
adultery in a private place (kitchen of womans house)
o
o
immoral influences.
o P v. Apparachi f Mere nudity in art or sculpture is not
expectation of privacy
If a couple goes to a motel, is there an expectation
person
2. Capture image of body parts (breast, buttocks, private parts,
etc.) without consent of the person
101
of child
Person who induces or coerces the child
Postal Service.
Agbayani v. Sayo Includes subsidiaries of GOCCs, whether created
agencies
If the offended person dies, becomes insane, gets AIDS/HIV, is
o
o
Applies to the judges of the first and second levels (MTC, RTC)
But not justices of appellate courts, SC, or Sandiganbayan (those who
properties
If insolvent, take value from those proceeds and
instruments derived from trafficking, that are
confiscated
THERE CAN BE INDEPENDENT ACTION for civil liabilities
under this law
Also, exempt from filing fees
decision
OR there is an administrative charge against the judge for
reasonable explanation.
When is a judgment unjust?
o When it is contrary to evidence on record or the law.
Unlike Art. 204, a judge may be liable by culpa.
Attachment of liability?
o Not only erroneous, but motivated by dishonestly, hatred, or
some other evil motive
What can the judge invoke as a defense against ignorance of the law?
o 1. Good faith
o 2. Absence of malice
o 3. Improper consideration
Very important
Public officer who in dereliction of his duties, maliciously refrains from
instituting prosecution for violation of laws, or tolerates commission of
these acts
Who are the officers liable here?
o Those charged in institution or filing of criminal complaints
against violators of the law
NOT included
This is malum in se.
Although the crime may be committed by tolerance, however, the law
expressly requires that the public officer/employee MALICIOUSLY
for that crime whose prosecution was omitted by the public officer
o This is a condition sine qua non to prevaricacion
Refers to both RPC and SPL crimes
What about public officers and employees not tasked with instituting
criminal actions or prosecuting them?
103
anymore)
First form of violation:
o Client must suffer prejudice due to malicious breach of lawyer
o
o
or not
3. Acceptance of gift, etc. in consideration for refraining from doing
1. Public Officer:
o agrees to perform a criminal act,
etc.
3. Gift, etc. was given in consideration of commission of
commission by the P.O. of some crime in connection with
bribery.
If a public officer represents to an individual that he can issue a permit,
but he cannot issue it in actuality, he is not liable for direct bribery. He is
104
Attempted bribery.
But NOTE: the one guilty of bribery is the public officer, but why
consummation
Pelegrino v. P The offered money was left on the table. The public
officer gets the envelope and says ano to? HELD: Mere physical
promise to give the gift or present. But the act to be committed must be
receipt without any other act or sign showing acceptance cannot lead
the court to conclude that bribery has been committed. There must be
a crime.
The present or gift may be solicited by the public officer or employee. If
does not distinguish whether offered by the bribe giver or solicited by the
officer
o
o
OFFICER.
Under Mode 1, the officer must receive the gift or present OR accept the
he values it highly
Can there be attempted or frustrated bribery?
o De Los Angeles v. P lawyer promised and actually delivered
Attempted bribery.
US v. Te Tong Appellant offered money to Chief of Police for
the latter to release certain merchandise seized from appellant
in gambling. The police accepted it, but to use it as evidence
not apply.
May he be charged simultaneously for these two crimes?
105
is unjust.
May a private individual be liable for bribery?
o Asejas III v. P Asejas was a practicing lawyer. His Japanese
did.
HELD: Private person (lawyer) was liable for bribery for acting
The act of offering or giving to the public officer gifts, presents, etc.
[Note: the public officer is liable for bribery]
It must be by reason of his public office
Can there be attempted corruption of public officers under Art.
212?
o
perpetua.
o Include SPLs that use the nomenclature of the RPC penalties.
US v. Mendoza The officer must first be convicted for prevaricacion,
threat)
Judge was an accomplice when he allowed his chambers to be used for
the bribery transaction between the police and the suspected criminal
106
By dolo or culpa
What are the described public properties or funds here?
o 1. Public funds owned by national government or any of its
accountable
4. He appropriates, takes, misappropriates, consents, or
same
What is to appropriate?
o To use public funds or property for himself or convert the same
for his personal advantage
Includes any attempt to dispose of public funds or property
office
3. Those funds/property are public funds for which he is
public funds/properties
wholly or partially
OR permitting another due to negligence or abandonment of
107
legis
Ex. Received money from execution sale and misappropriates
or property.
1987 revised administrative code except as provided
otherwise, all money or property officially received by a public
officer in any capacity or in any occasion must be accounted
officers
To determine who is accountable the nature of the duties
it
What are the fiduciary funds of the courts?
that is misappropriated.
J CALLEJOs opinion: charge under 9165 alone, not 217, and
not concurrent
If a private individual profits from the fruits of malversation, since
he cooperates as an accessory?
o He can be liable for malversation as an accessory.
There must be concrete evidence that:
o 1. He received public funds/property
o 2. There is a shortage of such
Government Auditing Code you cannot give vale to a co-government
liability.
There are two officers: one accountable, one not. They use public funds
108
o
o
surrender.
If person is charged with dolo, can he be found to have committed
it by culpa?
o Yes. Tabuena v. SB
Abuse of confidence and taking advantage of public position are
Campomanes v. P elements
o 1. Public officer
o 2. Accountable officer
o 3. Required by law or regulation to render accounts to
o
Elements?
o 1. Public officer
o 2. Has public fund or property under administration
217
If appropriated by the provincial board, but he uses it for a purpose
109
110
Must be aware that the person nominated or appointee does not have the
legal qualifications.
Yes. Appellant stabbed his wife to death the wife was pregnant at
the time (P v Paykana April 16, 2008)
Robbery with homicide
Applies to officers who can arrest and investigate violators of the law
111
P v Kurikur
In order to apply Art. 247 when the killing was done after the sexual
intercourse.
Sexual Intercourse must be consensual
Even if not consensual can still apply Art. 247 if husband acted due
to MISTAKE OF FACT
circumstance?
Yes.
The reason behind destierro is twisted logic possible only from a twisted
mind. He thinks no logic with the provisions - says one justice
Does not apply Sexual Assault
Can only be invoked by the Offended Spouse
Relative may invoke Art. 11, but the act must be reasonable.
R.A. 8353
P v Commadre -
112
_____
Sec. 10 RA 7610
If there is intent to kill but the victim does not die apply RPC
Person trying to commit suicide does not commit a crime, even if fails to kill
himself.
If S jumps to kill himself, lands on another and kills that other person
Neither Art 251 or 252 apply if the Person who committed can be
ascertained
They will also not apply if there is only one victim
Not apply if the one group so organized attacked another group and the
other group only defended themselves
all of the members of the attacking group are liable for all injuries on
the basis of Art. 8 RPC conspiracy
The offender shall be punished under the RPC and not under this
special law
Art. 263
Par.1
Impotence - loss of the power to procreate and not only copulation
means disfigurement
Blindness
must be complete
P v. Guttierez
Med Cert issued by the doctor states that the healing period is one
month the crime is less serious physical injuries. When we speak of
month it is understood to mean 30 days
Relate RA 7610
Murder
CanNOT be committed by CULPA
114
There was intent to kill but the qty was not enough to kill
1.
2.
rape
sexual assault
Sodomy
criminal act
attendance
Sexual assault
Injury may not be serious at the onset but later on becomes serious
the crime committed can change depending on the ultimate injury
caused.
has the right to use the power of persuasion but he cannot use
force, violence, or intimidation.
Ex. H and W have been legally separated - more reason for the wife
to refuse
Enough that a part of the object or organ pass through the genital,
anal orifice, mouth
"Instrument"
other things
Under 12
Statutory rape
Father raped his daughter, he claims the daughter did not resist
Mental retardate
Mental abnormality
teacher - student
Doctor patient
Qualifying circumstances
116
qualifying
death
117
21 September 2010
Art. 267
118
was to rape the victim and the detention was only incidental, the
purpose was not deprivation of liberty
Murder and kidnapping with murder as two separate crimes? Yes,
Pp v. Baldugo killed son of employer then kidnapped and killed
the other child, 2 crimes: murder and kidnapping with murder, as
the killing of the first child was already consummated at the time the
second was kidnapped and killed
If the purpose is to kill the victim and the deprivation of liberty is
only an incident, the crime is homicide/murder
Ransom anything required or demanded by the offender as a
consideration for the release of a person kidnapped; may include
benefits, not necessarily pecuniary, that may accrue to the offender
as a condition for the release of the victim
Art. 268
Art. 269
Art. 270
Pp v. Ty 263 S 635
o Offender entrusted with custody of minor
o Deliberately fails to restore said minor to his parents or
guardian
Does not amend Art. 267 as the intent is different
Essential element here is the deliberate failure or refusal to restore
minor to parent or guardian, this is the intent here
o Must be premeditated, intentional, malicious
Pp v. Pastrana 436 P 127
Parents may be liable for this
Art. 280
Trespass to dwelling
Accused enters the dwelling of another without the latters consent
But if enters dwelling to commit a crime, and commits such crime,
no trespass to dwelling, dwelling is aggravating
If enters house not for the purpose of committing a crime, but once
entered commits a crime, 2 crimes
Refusal of consent need not be express
Even if occupant only an tenant or lessee, still trespass
Pp v. Medina 55 P 134
Art. 281
Unlawful arrest
May be committed by private individuals and public officers other
than law enforcement agents
119
Grave threats
Those made with deliberate purpose of creating in the mind of the
victim a belief that the threat will be carried out
Intimidation here is conditional, and not necessarily personal, may
be caused by an intermediary
If no condition, threat must be serious and deliberate
If the threats form part of the element of violence or intimidation in
the commission of the crime intended to be committed, said threats
are absorbed (ex. threatening to kill unless she gave in to sexual
advances of accused, the crime is rape)
o EXC. Art. 312 if grave threats constitute force or
intimidation in vacating property, not grave threats but
usurpation of real rights over property
Distinguished from robbery/extortion
o Grave threats depends upon moral pressure
o If crime consists of securing on the spot the property of the
victim, robbery
*READ: Pp v. Osorio 21 P 237
Fortono v. Pp
As many counts of grave threats as the number of people
threatened
Coercions
120
liberty
SID while there is also intimidation, there is deprivation of
liberty
If used to prevent people from seeking grievance or peacefully
assembling, violation is under Art. 131 (disturbance or prevention of
peaceful meeting.)
Threatened the owner of a property, intending to take his property from
Art. 312
Forcible abduction will result, not grave coercion, if there is lewd design.
Distinguish between grave coercion and robbery.
o See above. (Jajas notes)
consummated
Elements:
o 1. Personal property of another
o 2. Unlawful taking
o 3. Intent to gain
o 4. Violation or intimidation against persons OR force upon
Relied on US SC decisions
P v. Tan:
o Taking in theft and robbery taking of anothers property,
depriving the latter of possession of property, through force,
violation, or intimidation, or force upon things, with intent to
o
things
be.
gain
ESSENCE: taking of personal property out of possession of
another without privity or consent and without animus
services?
121
o
o
o
theft/robbery?
Yes. US v. Albao
When is it robbery or theft?
o The crime is robbery, not theft, if there are acts of violence, or
intimidation before asportation, to enable the person to take the
o
Gain
o
o
pleasure.
Even mere use of property taken is already gain under the
law.
Gain rebutted by evidence that he took property because he
claims to be the owner of the property. The person is exempt
property.
If violence or intimidation was done after possession was
taken, he is only liable for theft, grave coercion, or physical
properties
And capable of appropriation
N.B. Includes electricity, phone services, and the like
Can contraband property (ex. Drugs) be subject to
rape
Intimidation
o Unlawful coercion, duress, putting owner/possessor in fear
o Attempt to take property of another with threats of bodily harm
o No requirement of material violence it is NOT indispensable
for there to be intimidation
Is it possible that one is guilty BRD of theft/robbery even if thing
stolen is not offered in evidence?
o Yes. P v. De Jesus. Because the person may have destroyed
o
122
homicide.
DO NOT use the 2nd or 3rd killing as aggravating. Its just robbery or
homicide.
What do you mean by reason of the crime of robbery?
o The homicide/other constituent crime was not committed in the
course of robbery, or shortly thereafter, but there is a LEGAL
o
o
exclusive.
consummated?
o Yes. If one crime is done to commit another, or a single act
crime.
robber.
Is there robbery with homicide AND rape?
o No. As long as there is homicide, it is ALWAYS just robbery
o
o
magnanakaw!
It doesnt matter if it happens before, during, or after
P v. Mangulabnan Person was robbing a house. Heard
rumbling noises in the attic. Shot a gun at the ceiling, and even
Art. 294 ROBBERY WITH HOMICIDE / ROBBERY WITH RAPE / ROBBERY WITH
ARSON
with homicide.
But the rape still has corresponding civil liabilities.
If a house is burnt to kill another, it is robbery is homicide, not
123
o Yes.
May there be a crime of robbery with force upon things with
robbery with rape or robbery with homicide?
o No. Robbery with force upon things cannot be complexed with
rape.
Even if there are multiple rapes, it is just robbery with rape.
o P v. Bercelles Even if each of the accused raped the victim,
o
shoot out happened. Another robber got shot by the police. HELD:
Robbery with homicide. EVEN IF the shoot out happened in some other
place, it was intimately connected to the robbery. Also, it does not
robbery with homicide. (One merges his will into the common intent.)
o Pagalasan any crime committed by the conspirator incidental
to execution of common design in included in the crime.
EXCEPT: when one of the robbers overtly attempts to prevent
robbers was shot. There was a chase all the way to Laguna, where a
unsuccessful.
Even a look-out is a PDP, because the conspirators are given
124
robbery?
o No, it is grave coercion.
The offender compels by violence or intimidation the victim to
execute a document but he died due to heart attack. What is the
crime, 298 or 294?
o 298, but even so, the penalty is still governed by 294 par. 1, as
(299)
does this differ from Art. 178, where there is also use of fictitious
consummated.
If the crime of homicide was committed with treachery. Can
name?
o Here, to enter the house, with intent to rob. In 178, to conceal
crime, etc.
Do you apply Art. 48?
o No, because use of fake name is an element of the crime.
Same as with simulation of public authority.
125
uninhabited palce?
o Maximum penalty. (?)
Local authorities
BRIGANDAGE (306-7)
Were article 306 and 307 of the RPC amended by PD 532 (Anti piracy
and anti highway robbery law)?
No, it did not. The crime in PD 532 is a separate crime from Arts. 306
and 307.
Art. 306
o there must be three or more armed robbers here
o mere conspiracy to form a band of brigands is already a crime
o particular robbery against particular victim
PD 532
o even just one person can commit the crime
o the act must be committed by the person
o There must be indiscriminate highway robbery, and must be
organized to do so;
by him
4. Enter enclosed property where trespass is prohibited, then
ninakaw pa ulit)
o Yes. The law does not distinguish.
o P v. De Leon what is punished is the alarm caused to the
THEFT
Case by case.
If a person is given property for a particular purpose, and that
o
theft?
126
paid?
subject to taking.
RA 7832 also punishes theft of electrical property. So which is
applicable, 308 or RA 7832?
o Either under Art. 308 or RA 7832.
Can commercial documents, PNs, etc. be subject to theft?
o Yes, these have value.
In a case, the sheriff stole evidence stored in the vault of the court
(ex. Gun, money, whatever), when the clerk of court mistakenly left
127
Was this amended by PD 533, the anti cattle rustling law and RA
6539, the anti-carnapping law?
o No; these are SPL, according to the SC
Grave abuse of confidence?
o It must be a special relation of intimacy.
o Ex. Branch manager stole the jewelry under his custody.
If there is conspiracy, but one is trusted and the other is not, what
is the crime?
o Two crimes: qualified theft for the former, simple theft for the
o
o
latter (P v Saranilla)
How about a commission salesman of a corporation?
o P v. Maglaya: Just simple theft, because there is no evidence
CARNAPPING
QUALIFIED carnapping
There is special complex crime of carnapping with homicide
or rape or murder. It is a single and indivisible offense. Here,
carnapping]
May there be qualified carnapping?
o If there is no person killed or raped, and there is only PI or
attempted/frustrated homicide or murder or rape the crime is
upon things
17 years and 4 months to not more than 30 years if with
violence, intimidation, or force upon things [penalty for qualified
qualified carnapping.
o DO NOT apply Art. 48 of the RPC.
Someone committed qualified carnapping (14 y 7 17 y 4 penalty)
and then sold the car to another person. Is he an accessory under
128
carnapping.
If the initial possession is lawful (since they rented the car), by killing the
FORESTRY CODE
driver of the car and then taking it for their own, it still became
time. He did not return it. The taxi was found abandoned in a place.
HELD: Although there was initially lawful possession, it transformed to
Theft of coconuts:
o If the coconuts are taken when they are still on the tree, or
o
carnapping with homicide. Even if the car was taken from the driver and
not the owner, it is still taking because there is no consent by the owner.
P v. Bustinera hired as a taxi driver to drive the car for a fixed period of
car after.
The offenders stole a truck and the personal effects contained
SWINDLING/ESTAFA (315)
based on an obligation
o The law applies even if the property the offender is bound to
deliver is opium or something illegal/obscene
o
o
o
return?
to the offender
There must be a FIDUCIARY relationship between offender
and offended party.
or money
It doesnt matter if the obligation is guaranteed by a
bond or not
Without this relationship, there is no estafa
The duty to return the same thing or money is based
caused.
Manahan: An owner of a truck pledged it to another as security
for a loan contract. But then, he leased it to another and it was
130
agent.
The agent cannot be liable for mere
travels?
be liable.
May there be estafa in a loan transaction?
pay back.
What about money market placement?
sub-agent, but the agent still does, then the agent can
o
transactions.
PD 155 Trust receipt transaction
131
criminal cases.
3. Taking undue advantage of signature of offended party in blank
preceding
In illegal recruitment, can one be liable under both the Labor Code
qualifications, etc.
2. Altering quality, fineness, weight of anything pertaining to his art or
business
3. Pretending to have bribed any government employee
4. Post-dating a check, or issuing a check knowing that he does not
have enough to fund the check, and without informing the payee
5. Obtaining food or accommodation at a hotel, restaurant, etc. without
paying therefor, with intent to defraud
o Or obtaining credit through false pretense or fraud
(Arecheta v. P)
Caveat emptor doctrine does not apply. You cannot invoke the fact that
the victim was himself negligent. It doesnt apply to criminal cases.
Post dating a check:
o Can a person other than a drawer be liable?
payee
The fraud must be committed PRIOR or UPON the issuance of
the check.
The check MUST NOT BE for paying a pre-existing obligation,
because there is no more deceit in this case.
o
o
worthless check.
Post-dating of a check, as long as when it is due, there are
funds, even when there are no funds at the time it was issued.
132
Direct evidence
deceit.
P v Oheda:
o The accused drew and delivered several post-dated checks in
payment of the goods, at that time that the check was issued,
the account was closed but didnt disclose this. There was a
notice of dishonor, the accused paid the amount by installment
(Ninoy died, so the economy was crazy), charged w/ estafa
o Defense: acted in good faith, because paid on installment, said
not receive any notice of dishonor as required by law and which
deprived of opportunity to pay w/in 3 days
o SolGen: even if this is a closed account, there is no more need
for the bank to issue a notice of dishonor
o SC: the accused acted in good faith, from date of check, tried
to pay by installment, though not able to complete the same,
because of the havoc on the economy. Also said there was no
notice of dishonor and this failure of the bank deprived the
petitioner of the chance to pay the amount of the check. Since
deprived because of absence of notice, there can be deceit
under the circumstances.
BP 22
Even the issuance of the worthless check as a deposit, guaranty or preexisting obligation, not estafa but BP 22
Charged w/ both if issued b/c of current obligation
Navarro v CA 234 SCRA 639: under BP 22 the drawer of the check has
a period of 5 days from notice of dishonor (unlike RPC 3 days)
Under NIL check is stale after more than 6 months (180 days) is there a
need to issue a notice of dishonor at the time it was presented for
payment?
o Bautista v P 351 SCRA 111: only consequence is no prima
facie presumption of knowledge of no funds, still be held liable
if able to prove had knowledge
Velasco v P January 18 2008: Velasco went to Shangri-la, ordered food
for 4, didnt pay for food estafa
Other forms of swindling
Mallari v P Dec 13 1988 (delito continuado)
133
ADULTERY
318
CONCUBINAGE
ACTS OF LASCIVIOUSNESS
134
QUALIFIED SEDUCTION
Abuse of confidence is inherent, not aggravating circumstance
Study forcible abduction. Distinguish arbitrary detention Art 124;
kidnapping Art 267 diff lies in specific intent
Abduction: lewd design
Abduction may be absorbed by rape if intention was to rape. If bring
woman a bit far, then abduction.
30M away, Rape because abduction absorbed.
Forcible abduction w/ rape: 2nd rape is a second separate crime
from forcible abduction
Did RA 8353 completely repeal Art 344 RPC? NO. only AMENDED,
not repealed.
Art 345: what are the civil liabilities of the offender/offenders?
o Several principals by direct participation of rape, if woman
liable for rape, who is liable?
393 Phil 878
P v Magtibay August 6 2002
349 Bigamy
Manuel v People 476 SCRA 461 (Callejo decision): manuel invoked the
presumption of absence of the absent spouse, because absent for 12
135