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BOOK 2 NOTES
ATTY. V. GARCIA
~ Atty. Victoria Garcia ~
Atty. V. Garcia
TITLE ONE
CRIMES AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS (Articles 114 122)
ARTICLE 114 TREASON
is committed by a Filipino citizen or an alien residing in
the Philippines who levies war against the Philippine
Government or adheres to her enemies by giving them
aid and comfort
ELEMENTS:
1. The offender is by birth, a Filipino Citizen or
an alien residing in the Philippines, even if
temporary allegiance
The offender may either be a Filipino
citizen, because a Filipino citizen
owes permanent allegiance to the
Philippine Government; or another
offender is a foreigner, an alien
temporarily
residing
in
the
Philippines. During his temporary
stay in the Philippines, he is given
protection
by
the
Philippine
Government under its laws therefore
it is but incumbent upon him to have
temporary
allegiance
to
the
Philippine Government. That is why
even
an
alien,
a
foreigner
temporarily
residing
in
the
Philippines can also commit treason
in times of war.
2.
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It is manifested by his
acts of giving aid or
comfort to the enemy.
That is why these two
must concur:
1. Adherence to the
enemies
2. Giving them aid or
comfort
Mere adherence to
the enemies, without
any act of giving aid or
comfort to the enemy
will not bring along
treason, it is the act of
giving aid or comfort
which
is
the
manifestation of the
adherence
to
the
enemies.
Atty. V. Garcia
rise to conviction in case of the crime of
treason.
ILLUSTRATION:
Q: What if there is war which the Philippines is involved? X
was among those who committed treason against the
government. now X in committing treason killed a public
officer of the government of the Philippines, in furtherance
of his act of treason. Will such act amounting to murder
give rise to a separate and distinct crime? Will you charge
him for two crimes based on treason and murder?
A: There is only one crime committed by him
and the crime committed is treason. Common
crimes such as Murder, physical injuries,
homicide, arson, if they are committed in
furtherance to, in connection with or incidentally to
treason shall be absorbed in the crime of treason
because they are atrocities for war and therefore,
they are considered as absorbed in the crime of
treason. It cannot even be complex, they are
considered absorbed in the crime of treason.
Q: What if A, B and C, conspired and agreed to commit
treason against the Philippine Government. After their
conspiracy and agreement, A went to X. A told his friend X
that he was in conspiracy with B and C to commit treason
against the Philippine Government. After A told him such
conspiracy with X, A left. X, despite knowledge of the
conspiracy to commit treason among A, B, and C, did not
disclose such information to the proper authorities. What
crime/crimes is/are committed by A, B, C, and X?
A: A, B, and C are liable for the conspiracy to
commit treason. There is a meeting of two or
more persons come to an agreement to commit
the crime of treason and decide to commit it.There
is proposal to commit treason when a person has
decided to commit the crime of treason and
proposes its execution to some other person or
persons. The moment that other person whom the
proposal was given, raise to the commission of
crime, we no longer have proposal, but we have
Conspiracy to commit treason. In the problem, A,
B, and C, conspired, agreed to commit the crime
of treason against the Philippine government,
therefore they are all liable for conspiracy to
commit treason.
Q: X, who had knowledge of the conspiracy to commit
treason among A, B, and C, however, despite that
knowledge, he did not disclose it to the proper authorities.
What is the liability of X?
A: X is liable for misprision of treason is
committed by any person who owes permanent
allegiance to the Philippine Government who fails
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Atty. V. Garcia
II.
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Atty. V. Garcia
3.
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Atty. V. Garcia
ARTICLE122 MUTINY
COMMITTED WHEN:
1. The vessel is either on the high seas or on
Philippine waters
2. The OFFENDERS are MEMBERS OF THE
COMPLEMENT or PASSENGERS OF THE
VESSEL
3. The offenders raise a commotion or
disturbance on the board the ship against the
lawful command of the captain or the
commander of the ship.
In mutiny, there is no taking because in mutiny there is no
intent to gain. Mutiny is the rising of commotion, a
resistance against the lawful command, against the lawful
authority of the commander or captain of the ship.
Since in mutiny, there is no intent to gain, mutiny is akin to
sedition. The rising of commotion, an uprising, an act of
dissent against lawful authority.
SO HOW DO YOU DISTINGUISH PIRACY VS. MUTINY?
1. In piracy, the offenders are strangers to the
vessel, whereas, in mutiny, the offenders are
necessarily inside the vessel, they are either
members of the complement or passengers of the
vessel
2. In Piracy, there is intent to gain because it is
similar to robbery, whereas, in mutiny, there is no
intent to gain because the essence of the crime is
to go against the lawful authority of the
commander of the ship.
ILLUSTRATION:
Q: The vessel is on the sea going to Mindoro. So while the
ship is on its way to Mindoro, suddenly there comes a big
storm. The commander or the captain of the ship said that
they should first move towards the shore and let the storm
comes calm in order to ensure the safety of the passengers
of the vessel. The passengers of the vessel and members
of the complement didnt want the decision of the said
captain of the ship and so they seize the captain of the ship
and manned the vessel until they reach Mindoro. What
crime, if any, is committed by these members of the
complement and passengers of the vessel?
A: They are liable of MUTINY. The vessel is on
Philippine waters. The offenders are members of
the complement and they go against the lawful
authority of the captain of the ship. Therefore they
are liable of mutiny.
Q: While a vessel is on Philippine waters, here comes a
second vessel. Four men from the second vessel boarded
the first vessel and at gunpoint, took the cargo and
equipment of the said vessel. Placed them in the second
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Atty. V. Garcia
ANTI-PIRACY AND ANTI-ROBBERY LAW OF 1974 (PD
532)
Under PD 532, piracy is committed by attacking or seizing
the vessel or seizing in whole or in part the cargo,
equipment or personal belongings of the members of the
complement or passengers of the vessel IRRESPECTIVE
of the value thereof, committed by means of force and
violence and committed by any person whether he may a
member of the complement or passenger of the vessel or
strangers to the vessel BUT the vessel is on Philippine
waters. Therefore, for PIRACY UNDER PD 532 to arise, it
necessary that the vessel is on Philippine waters.If the
vessel is on the high seas, immediately rule out PD
532.
HOW COULD YOU KNOW IF IT IS PIRACY UNDER PD
532 OR PIRACY UNDER ARTICLE 122 OF RPC?
If the vessel is on Philippine waters, your choice is
either Piracy under PD 532 or Piracy Article 122.
Where lies the difference?
Since Article 122 of RPC is the
main law, we have to reconcile it
with PD 532. Or PD 532 must
be reconciled with Article 122.
Piracy under PD 532, the
offenders can be any person.
He can be a stranger. He can
be
members
of
the
complement.
Therefore, where does PD 532 apply?
It will apply when the offenders
are
members
of
the
complement or passengers of
the vessel and the vessel is
on the Philippine waters.
Q: The vessel is on Philippine waters, suddenly men from
the outside committed acts of piracy. What crime is
committed?
A: Piracy under Article 122
Q: The vessel is on Philippine waters. Acts of piracy were
committed by the members of the complement or
passengers of the vessel. What crime is committed?
A: Piracy under PD 532
Q: What if the vessel is on the high seas? While the vessel
is on the high seas, there comes a second vessel. Four
men from the second vessel boarded the first vessel and at
gunpoint took the cargo and equipment of the first vessel.
What crime is committed by these four men?
A: Piracy under Article 122. The vessel is on the
high seas. The offenders are not members of the
complement or the passengers of the vessel.
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Atty. V. Garcia
are qualifying circumstances which are
prejudicial to the accused therefore they
must be strictly construed.
ILLUSTRATION:
Q: What if the vessel is on Philippine waters, and there
comes a second vessel. Four men from the second vessel
boarded the first vessel and at gunpoint, they asked the
passengers to give to them all their valuables. One woman
didnt want to give her wedding ring because it was so
precious to her and so one of the men forcibly took the
wedding ring from the finger such that the finger was
severed from it. What crime is committed?
A: QUALIFIED PIRACY because piracy was
accompanied by physical injuries.
Q: What if in the same problem, the woman didnt want to
give the ring, one of the men slapped the woman on the
face three times and the face of the woman became
reddish. She suffered slight physical injuries. What about
the fact that the injury suffered was only slight?
A: It will not make a difference although the injury
suffered was only slight. In the third circumstance
which will qualify piracy, the word physical
injuries is used in its generic sense. Therefore,
whatever be of kind of physical injuries, whether
serious or slight for as long as it was accompanied
by piracy, it will be considered as qualified piracy.
Q: What if in the same problem, the woman didnt want to
give the ring and one of the men touched the private parts
of the said woman and after touching the private parts of
the said woman with lust, he forcibly took the ring. What
crime is committed by the said men?
A: All of them will be liable for piracy. However,
the man who touched the private part of the
woman will be liable for two crimes: piracy and
acts of lasciviousness. Acts of lasciviousness is
not mentioned in Article 123. Therefore, its
presence will not qualify piracy. It will bring about
a separate and distinct charge of acts of
lasciviousness.
So, only these four crimes (murder, homicide,
physical injuries and rape) will qualify piracy. If
other crime is committed and accompanied by
piracy and is not among these four crimes
mentioned in Article 123, it will bring about a
separate and distinct charge.
QUALIFIED MUTINY
Insofar as mutiny is concerned, what are the
circumstances which will qualify mutiny?
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Atty. V. Garcia
3.
4.
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Atty. V. Garcia
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction,
or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and
Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and
Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Antihighway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree
Codifying the Laws on Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives)
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Atty. V. Garcia
TITLE TWO
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
STATE (Articles 124 133)
The acts under TITLE TWO are made criminal because
they both appease the Bill of Rights. The rights stated
under the Constitution and the first of these is under
ARTICLE 124, 125 and 126 Arbitrary Detention.
3 KINDS OF ARBITRARY DETENTION:
1. Arbitrary Detention by detaining a person without
legal ground under Article 124
2. Arbitrary Detention by failing to deliver the
detained person to the proper judicial authorities
within 12, 18 or 36 hours under Article 125
3. Arbitrary Detention by delaying the release of
prisoners despite the judicial or executive order to
do so under Article 126
ARTICLE124
ARBITRARY
DETENTION
BY
DETAINING A PERSON WITHOUT LEGAL GROUND
ELEMENTS:
1. That the offender is a public officer or employee
Who is the offender in Article 124?
The offender is a public officer or
employee. BUT NOT ALL PUBLIC
OFFICERS OR EMPLOYEES can
commit arbitrary detention.
The
public officer of employee can
commit arbitrary detention are only
those who have been vested with
authority to effect arrest and
detain a person or at least to
cause the detention of a person.
Public officers who have been vested
with authority to effects arrest and detain
a person are POLICE OFFICERS. On
the other hand, public officers vested with
authority to cause the detention of a
person are MEMBERS OF CONGRESS.
They can order the detention of a person
who has been cited of contempt for
failing to accurate their proof, or we have
JUDGES they can order the summary
detention of persons cited in contempt of
court.
2. That he detains a person
The second element requires that the
offender detains a person.
So when is there detention?
There is detention when the
offended party is placed in
incarceration. When the offended
party is placed behind bars or when
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3.
Atty. V. Garcia
ILLUSTRATION:
Q: So if a person, driving his vehicle entered a one way
street and in violation of the LTO rules and regulation, was
stopped by police officer, his license was taken and gave
him a ticket and was bought to the nearest PNP station and
was placed behind bars. He was detained. That was 8
oclock in the morning then the arresting officer left. And on
the afternoon, the police officer returned to the police
station. Upon his arrival, he immediately released the
incarcerated person whom he detained for entering a one
way street. Is the said police officer liable for arbitrary
detention under Article 124?
A:
YES,
he
is
liable
ofARBITRARY
DETENTION. He is a public officer vested with
authority to effect arrest and detain a person. If
he detained the person, the detention was without
legal ground. It is without legal ground because
entering a one way street and violating the traffic
rules and regulation is not a ground for
incarceration. It is not a ground for a person to be
placed behind bars. If a person committed a
violation of traffic rules and regulation like entering
a one way street or beating the red light, he
should only be given a ticket. There should not
even be a confiscation of license. After that, he
should be allowed to leave but that is not a ground
for him to be placed under detention. Since the
officer detained the person without any legal
ground HE IS LIABLE FOR ARBITRARY
DETENTION.
Q: What if X is suspected to be a snatcher and many
complaints was filed against him. One time, when the
police officers were conducting a patrol they saw X who
was perhaps waiting for a ride. When the police officers
saw X they immediately arrested X and brought him to the
nearest police station. They told X that he is to be
investigated for he is said to be a cellphone snatcher. So
he was brought to the investigation room however, the
investigation officer was not around so the arresting officer
told him that he needs to be investigated and that he can
leave but he must make sure to come back for purposes of
investigation otherwise if he does not come back the next
time they see him they will kill him. So because of that, X
would get out of the precinct but would immediately return.
Are the police officers liable for arbitrary detention?
A: NO, the police officers are not liable for
arbitrary detention. There is no intent to restrain
or detain the person or liberty of X, the offended
party. In order to amount to arbitrary detention it is
necessary that the intent of the public officer to
restrain the person or liberty of the offended party
must be manifest and it must be evident. In this
case however, it is not.
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Atty. V. Garcia
probable cause to believe
based
on
personal
knowledge of facts and
circumstances that the
person to be arrested is the
one who committed the
crime. This is otherwise
known as HOT PURSUIT
ARREST.
c.) When the person to be
arrested is a prisoner who
has escaped from a penal
establishment or a place
where he is serving final
sentence or temporarily
detained while his case is
pending, or has escaped
while being transferred from
one penal institution to
another.
These
are
the
circumstances for a
valid
warrantless
arrest. These are the
circumstances referred
to in the second
element of Article 125.
3.
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Atty. V. Garcia
stabbed Y to death. Therefore, X is liable of homicide. They
arrested X and that was Saturday, 3 oclock in the
afternoon. Sunday, there is no office. The following day,
Monday, happens to be declared a special non-working
holiday. Therefore, the police officers were able to deliver X
to the proper judicial officer only on Tuesday, 8 oclock in
the morning. They were able to file the case in the Fiscals
office for purposes of proceedings Tuesday, 8 oclock in the
morning, beyond 36 hours which was required by law. Are
the police officers liable for arbitrary detention?
A: NO, the police officers are not liable for
arbitrary detention. The Secretary of the
Department of Justice has made a legal opinion
that the said 12, 18 and 36 hours refers to
WORKING HOURS. These refer to the time when
the courts are open in order to receive the cases
to be filed against them. This does not include the
crime wherein the courts are closed and they did
not receive the complaint or information to be filed
against the accused.
ARTICLE126 ARBITRARY DETENTION BY DELAYING
THE RELEASE OF PRISONERS DESPITE THE
JUDICIAL OR EXECUTIVE ORDER TO DO SO
ELEMENTS:
1. The offender is a public officer or employee
2. That there is a judicial or executive order for
the release of the prisoner or detention
prisoner, or that there is a proceeding upon a
petition for the liberation of such person.
3. That the offender without good/valid reason
delays: (1) the service of the notice of such
order to the prisoner; or (2) the performance
of such judicial or executive order for the
release of the prisoner; or (3) the proceeding
upon a petition for the release of such person.
NOTE: What is punishable is the delay without valid
reason, the delay of the release of the prisoner despite the
judicial or executive order to do so.
Example of judicial order for the release of a
prisoner lets say that a person has been charged
in court and the public prosecutor failed to present
any evidence for consecutive times and no
witnesses has ever been presented since the
beginning. The judge will dismiss the case and
order the release of the accused from jail. This is
an example of a judicial order for the release of a
prisoner. Or lets say the judge acquitted the
accused then he will order the release of the said
accused from jail.
How about an example of an executive order for a
release of a prisoner? A person was arrested and
placed behind bars and proceeding was filed
before the fiscals office. The fiscal ordered the
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Atty. V. Garcia
3.
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2.
-
3.
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Atty. V. Garcia
ILLUSTRATION:
Q:What if the door of the house was opened, a police
officer without being armed with a search warrant, entered
the door of the house and went up to the sala. The owner
of the house saw him and asked him to leave, and he left.
Is he liable for violation of domicile?
A: He is not liable for violation of domicile.
When the door of the house is open, there is no
prohibition; there is no opposition from entering.
Anybody may enter even without a search
warrant; therefore, since there is no prohibition or
opposition from entering, violation of domicile
cannot be committed under the first act. Under the
second act, it cannot be committed because he
did not conduct the search. The third act also not
done because the entering of the house is not
done surreptitiously.
Q: What if in the same problem, the door of the house was
opened, a public officer with the intent to conduct a search
warrant entered the house, when he was in the sala, the
owner of the house saw him and told him to leave. He did
not leave; he just stayed there and sat on the sofa. Is he
liable for violation of domicile?
A: He is not liable for violation of domicile.
Under the first act, is entry against the will? NO,
the door was opened. Therefore, there was no
opposition or prohibition from entering. Under the
second act, he did not conduct a search. Under the
third act, is the entering done surreptitiously? NO,
because the door of the house was opened;
therefore, he did not violate any of the following
acts amounting to violation of domicile.
But he did not leave the house, although the
owner of the house asked him to leave. Is he
liable?
Yes. He is liable for unjust vexation.
(Nangiinislangsiya)
Although he did not the house, he
cannot be liable for violation of
domicile because his act does not
constitute the acts prohibited by
Article 128.
Q: The door of the house was closed, but it was not locked.
A police officer without a search warrant opened the door,
realizing it was not locked, entered the house and went up
to the sala intending to conduct the search. Before he could
conduct the search, the owner of the house saw him, and
told him to leave and he left. Is he liable for violation of
domicile?
A: Yes. He is laible for violation of domicile.
Even if he left the said place upon being told to do
it, he is already liable because his entry was
against the will of the owner. The door was closed
although it was not locked. Therefore, there was
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Atty. V. Garcia
II.
ILLUSTRATION:
A search warrant was dated Dec. 1, a police officer
received it on Dec 3. The search was conducted Dec. 13.
The said search warrant is already invalid.
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Atty. V. Garcia
ARTICLE132 INTERRUPTION OF RELIGIOUS
WORSHIP
ELEMENTS:
1. This is committed by an offender who is again
a public officer or employee.
2. Then there is a religious ceremony or
manifestations of any religion are about to
take place or are going on.
3. That the offender prevents or disturbs the
said religious worship or religious ceremony.
If the offender makes us of violence or threats in
committing the crime, such use of violence or
threats would not constitute a separate and
distinct charge. Rather it is considered as an
aggravating or qualifying circumstance which
would mean an imposition of a higher penalty.
ILLUSTRATION:
Q: So what if there is a barrio fiesta and the priest is about
to celebrate the mass. Here comes X and he went to the
priest and point the gun to the priest. Then the priest was
about to celebrate the mass. At first the priest did not mind
him. But X intentionally pointed the gun to the head of the
priest and said, I will kill you if you will celebrate the mass!
So the priest did not celebrate the mass and all the faithful
went out of the church. What crime if any is committed by
X?
A: X is liable for interruption of religious
worship under Article 132. What about the fact
that he pointed a gun at the head of the priest?
Would it constitute a separate and distinct crime of
grave threats? It will not. The fact that threats
were employed in the commission of the crime
would only mean the penalty will be imposed in its
maximum period. It would be considered an
aggravating circumstance in committing the crime
of interruption of religious worship. BUT, IT WILL
NOT BRING ABOUT A SEPARATE AND
DISTINCT CHARGE FOR GRAVE THREATS OR
EVEN UNDER LIGHT THREATS.
ARTICLE133 OFFENDING THE RELIGIOUS FEELINGS
ELEMENTS:
1. Committed by a public officer or employee or
a private individual.
The first element provides for the
offender. The offender may be a
public officer or employee or a
private individual. This is the only
crime under Title Two where the
offender can be a private individual.
From Article 124 to Article 132 under
Title Two, the offender can ONLY be
a public officer or employee. The
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3.
Atty. V. Garcia
was being received by Catholics during communion. He
poured the host in the floor then he destroyed them, spit on
them and stepped on them. Is he liable under Article 133?
A: YES. The act he performed is notoriously
offensive to the feelings of the Catholics. If the
same act is done to the object of veneration of the
Buddhists or if the same act is done to the object
of veneration of the Muslims, they will also be
offended. Therefore, it is notoriously offensive to
the feelings of the faithful because even if it is
applied to other religions they would be offended
too. And it was done in a place devoted to
religious worship because it is done inside the
church even if no religious ceremony is ongoing.
Q: What if inside the PICC there was this art exhibit
ongoing and one artist, this was a controversy before right?
There was this picture of Jesus Christ and on the picture of
Jesus Christ he put a representation of a penis on his face.
Is the said artist liable under Article 133 offending the
religious feelings?
A: NO. He cannot be liable for offending
religious feelings under Article 133. Because
the PICC is not a place devoted for religious
worship and the art exhibit is not a celebration of a
religious ceremony. Therefore, since the last
element is not present even if it offends religious
feelings, he cannot be held liable under Article
133 for the absence of the 3rd element.
ILLUSTRATION:
Q: So what if X (A private individual) entered a catholic
church after that the tabernacle was opened and he took
out the chalice and inside the chalice was the host which
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Atty. V. Garcia
REBELLION
Essence an Armed public
Uprising
against
the
Government
Crime of the Masses, it
involves a multitude of
people
COUP DETAT
Essence swift attack
against the duly constituted
authorities
It can be committed with or
without the participation of
the public because it says,
with or without civilian
support, provided it has
been committed by any
member of the military, the
police or those holding
public office or employment.
Purpose only to diminish
state power, to destabilize
the government, not entirely
to
overthrow
the
government.
Can be committed not only
by means of force and
violence but also by means
of
intimidation,
threat,
strategy or stealth
Page 21
ILLUSTRATION:
Q: What if a police officer was on his way to the office,
suddenly here comes a member of the NPA, he saw the
police officer and shot him. What crime is committed? is it
Rebellion or murder?
Rebellion can only be absorbed common
crime such as murder, if the commission
of the crimes was done in furtherance of
Rebellion. Therefore, it is necessary that
there must be evidence shown in what
way the said killing has promoted,
fostered the idea of the Rebels. Absent
any connection with the commission of
the common crime and the furtherance of
rebellion, the appropriate charge is only
murder, homicide, arson or physical
injuries as the case maybe.
A: In the case, the proper charged would be
murder. There was no evidence showing in what
way the said NPA has promoted the ideas of the
Rebels in killing of the said police officer. Absent
of that evidence, it would be a charge of murder
and not rebellion.
Rebellion is a continuing crime. Therefore, these
NPA who rebelled against the Government, to
overthrow the Government, that one time uprising
is sufficient, they are already considered as rebels
because it is a continuing offense.
Atty. V. Garcia
GONZALES v ABAYA
Senator Trillanes and company was charged with 2 crimes,
coup detat in the RTC of Makati and the violation of
articles of war, particularly acts of unbecoming of an officer
and a gentleman filed before the military court. While the
case was pending in the RTC of Makati, the lawyer filed a
petition, a motion, saying that the violation of the articles of
war should be absorbed by the case filed before the RTC
of Makati. Can Coup detat absorb the violations of article
of war?
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Atty. V. Garcia
REBELLION
SEDITION
Both have a public uprising
Objective Political in nature Objective can either be
To
overthrow
the Political or social in nature
Government and to replace
the it with the Government of
the Rebels
ARTICLE141 CONSPIRACY TO COMMIT SEDITION
There is a crime conspiracy to commit sedition but
not proposal to commit sedition. A proposal to
commit sedition is not a punishable act under the
RPC.
ARTICLE142 INCITING TO SEDITION
ELEMENTS:
1. The offender is not a participant (does not take
direct part) in the crime of sedition
2. He incites others to uprise for any of the purposes
of sedition
3. By means of speeches, proclamations, writings,
emblems,
cartoon,
banners,
or
other
representation tending to the same end.
Page 23
WHAT
KIND
OF
AGGRAVATING
CIRCUMSTANCE?
As decided by the Supreme Court in number
of cases, it is a SPECIAL AGGRAVATING
CIRCUMSTANCE which cannot be offset by
any mitigating circumstance. The Supreme
Court also held that the use of the word
homicide or murder under Section 1 is in its
generic sense, therefore, whatever be the
kind of killing for as long as the unlicensed
firearm is used, such use of unlicensed
firearm is considered as a SPECIAL
AGGRAVATING CIRCUMSTANCE.
ILLUSTRATION:
Q: So if a son had an argument with his father, in the
course of the argument with his father, the son killed the
father, the firearm was recovered. What crime or crimes
would you file against the son?
A: The son is liable of the crime ofPARRICIDE,
for having killed his own father. The use of
unlicensed firearm shall be considered as a
SPECIAL AGGRAVATING CIRCUMSTANCE.
Because as held by the Supreme Court, the use
of the word murder is in its generic sense,
therefore it includes any kind wherein the
imposable penalty is RECLUSION PERPETUA
TO DEATH such as Parricide.
Under Section 1 of PD 1866 as amended, it also provided
that a person can only be held liable of illegal possession of
unlicensed firearm provided that no other crime was
committed by the person arrested. It is necessary that no
other crime was committed by the person arrested.
Atty. V. Garcia
PEOPLE VS. LADJAALAM
The police officers armed with a warrant of arrest
went to the house of WalpanLadjaalam to effect
the warrant of arrest. WalpanLadjaalam, upon
seeing the police officers, fired shots at the
officers. Hence, he was charged with direct
assault with multiple attempted homicide. Aside
from that, he was also charged with illegal
possession of unlicensed firearms. He was
convicted of both crimes before the Regional Trial
Court. On appeal before the Supreme Court, SC
said the illegal possession of firearms case should
be dismissed. He should be acquitted in the said
case because he committed another crime, and
that is, DIRECT ASSAULT WITH MULTIPLE
ATTEMPTED HOMICIDE.
What about in the case of CELINO, SR. VS. PEOPLE?
In this case, it was election time, there was a
COMELEC gun ban. A person was found in
possession of an unlicensed firearm. Arrested, he
was charged of 2 crimes: (1) violation of the
COMELEC gun ban, and (2) illegal possession of
unlicensed firearms. During the arraignment for
the violation of the COMELEC gun ban, he
pleaded not guilty. However, during the
arraignment for illegal possession of an
unlicensed firearm, he filed a motion to quash the
information. According to him, he cannot be
charged of illegal possession of an unlicensed
firearm because the law says that you can only be
charged of illegal possession of an unlicensed
firearm provided that no other crime is committed
by the person arrested. He said here, he
committed violation of COMELEC gun ban,
therefore, he can no longer be liable for violation
of PD 1866 that is Illegal Possession of
Unlicensed Firearm.
IS HIS CONTENTION CORRECT?
His contention is wrong because according
to the Supreme Court, when the law says
provided that no other crime is committed by
the person arrested, the word committed
means that there is already a final
determination of guilt a final conviction of
guilt based on a successful prosecution or a
judicial admission. Therefore, the word
committed means he has already been held
guilty beyond reasonable doubt a final
judgment.
Page 24
Atty. V. Garcia
performed an act which impair the respect due to
them or which interrupted the said proceeding
ILLUSTRATION:
Q: The FREEDOM OF INFORMATION BILLwas on the
committee level. It was votation time. On the right side of
the said place or meeting, there were some observers or
people who were coming from the media. On the left side,
there were ordinary people who do not agree on the
freedom of information bill. It was time to vote for the
passage of Freedom of Information bill, the members of the
committee were voting when suddenly some members of
the media immediately pulled out a placard and shouted:
YES TO FREEDOM TO INFORMATION BILL!Are they
liable of any crime?
A: YES. They are liable of disturbance of
proceedings under Article 144. Because while
in the presence of the said meeting, they behaved
in such a manner as to interrupt the proceedings,
or impair the respect due it.
ARTICLE145 VIOLATION OF PARLIAMENTARY
IMMUNITY
Punishes violation of parliamentary immunity
There are TWO (2) ACTS
PUNISHED IN
VIOLATION OF PARLIAMENTARY IMMUNITY:
1. Penalty: Prision Mayor committed
by any person who by means of
force, intimidation, fraud or threat, or
any other means and by said means,
he tried to prevent any member of
the Congress either from attending
any meeting of the Congress or its
committees
or
subcommittees,
constitutional
commissions
or
committees or divisions thereof ,
from expressing his opinions or
casting his vote
can be committed by
anyone
(private
individual, public officer
or employee)
2.
Offender should be
only a public officer or
Page 25
ILLUSTRATION:
Q: How about in the case of Panfilo Lacson?
A: The case against Sen. Lacson was fortunately
dismissed by the Court of Appeals. But let us say,
it is not dismissed by the Court of Appeals, he was
being charged of double murder Dacer-Corbito
double murder slay. He went into hiding. Let us
say that he made his appearance. Can he be
arrested even if the Congress is in regular or
special session? YES. Because the crime
committed by him is punishable by a crime
committer higher than prision mayor. It is
punishable by reclusion perpetua. Therefore, had
it not been dismissed by Congress and he
apparently appeared and the Congress is in
regular or special session, he could be arrested.
Q: What if a Congressman is charged with the crime of libel
before the RTC. The RTC issued a warrant of arrest
against the Congressman. The police officers armed with a
warrant of arrest went inside the walls of Congress and
they arrested the said Congressman. Are the police officers
liable under this Article?
A:YES, they are liable for violation of
parliamentary immunity under the second.
Because at the time the Congress is in its regular
session and they arrested the said Congressman,
Libel under Article 355 is punishable only by
Prision Correcional in its minimum and medium
period, therefore it is below Prision Mayor, hence,
the Congressman cannot be arrested while the
Congress is in its regular or special session.
Atty. V. Garcia
Q: What if Congressman A is charged with the crime of
attempted homicide. The fiscal found probable cause, the
case was filed in court. The court agrees with the fiscal and
a warrant of arrest was issued against Congressman A.
The warrant of arrest was issued by the judge on
December 24, the police officers had possession of the
said warrant of arrest on December 25, on Christmas Day.
While Congressman was inside his house, the police
officers arrived and arrested the said Congressman for
having been charged of the crime of Attempted Homicide.
The penalty for Attempted Homicide is Prision Correcional
because under Article 249, the penalty for Homicide is
Reclusion Temporal and the attempted is two degrees
lower, one degree is Prision Mayor, two degrees lower is
Prision Correcional, therefore, the penalty to be imposed in
this Attempted Homicide is Prision Correcional. So the
police officers armed with a warrant of arrest went inside
the house of the Congressman and arrested him on
Christmas Day, December 25, are the police officers liable
for violating parliamentary immunity under Article 145?
A:YES, they are liable for violation of
Parliamentary
Immunity.Because
during
Christmas break or during Holy week break or any
other kind of break, Congress is still in its regular
session. Because as stated in Political Law, in
Constitution, when does Congress start? 4th
Monday of July, that is when the President states
his SONA. When does Congress ends? 30 days
before the start of Congress. Therefore, during
Christmas break or during Holy week break or any
other break, the Congress is still in its regular
session. Any arrest of a member of Congress
during this time, if the said member of Congress
has not committed a crime where a penalty is
higher than Prision Mayor, shall be punished as
violation parliamentary immunity under Article 145.
ARTICLE146 ILLEGAL ASSEMBLY
There are 2 KINDS OF ILLEGAL ASSEMBLY:
I.
Any meeting attended by armed persons for
the purpose of committing any of the crimes
punishable under this Code
ELEMENTS:
1. That there be a meeting, a
gathering or group of
persons, whether in fixed
place or moving
2. The meeting is attended by
armed persons
3. The purpose of the meeting
is to9 commit any of the
crimes punishable under
the Code
Page 26
Atty. V. Garcia
ILLEGAL ASSOCIATION
the purpose of the
association may be for
purpose of committing crimes
violating the RPC or even in
violation of special penal
laws, provided that it is in
violation of special penal law,
it must be against public
morals
Not necessary that there be
an actual meeting
Act of forming or organizing
and membership in the
association are the acts
punished
ILLUSTRATION:
Q: So what if A, B and C gathered 20 persons and
proposed to them the idea of committing simultaneous
bank robbery all over Metro Manila, so they will commit
robbery in 4 banks simultaneously. So these 20 men
agreed to the said commission of bank robbery, and after
they have come to the agreement, here comes the police,
the police got a tip from an informer, the police arrived and
Page 27
Atty. V. Garcia
Q: What if A, B and C gathered 1000 men and women.
Their intention was to incite the people to uprise against the
government to overthrow the present administration. These
1000 men and women arrived in the said designated place.
These 1000 men and women were arranging the chairs
when suddenly here comes the police officers who got a tip
about the said meeting. The police officers immediately
arrested A, B and C and the 1000 men and women. What
crime or crimes if any may these 1000 men and women be
charged of?
A:They have not committed any crime. It
cannot be under the first act of illegal assembly
because the said 1000 men and women were not
armed. It cannot be under the second act of illegal
assembly, because for one to be liable under this
act, note that even if not all of them need not to be
armed, it is required that the audience must be
incited to commit treason, rebellion, or
insurrection, sedition or assault upon a person in
authority or his agents. Here the intention of A, B
and C is to incite them to commit rebellion, BUT
there was no statement in the problem that they
were indeed incited to commit rebellion. In fact,
they were just arranging the chairs, the meeting
was only about to begin. Therefore, they have not
yet committed any crime.
Q: What if the jueteng lords of Southern Tagalog gathered,
they gathered in Batangas. So their purpose was to define
ways and means to propagate jueteng considering that the
government would not want to legalize jueteng, their
decision was define ways and means to propagate jueteng
by using minors, those 15 years of age or below as
kubrador in the case of jueteng, so that was the purpose of
their meeting. In the said meeting, they elected their wouldbe president, vice president, treasurer, etc. So they formed
an organization, an association and they said that at the
end of the month, they would meet and define ways and
means to propagate jueteng. The police officers arrived
and they were all arrested. But they are not with arms, it is
not mentioned that any of them were with arms.
A:The crime committed is illegal association
under Article 147. It is an association totally and
partially organized for some purpose contrary to
public morals. Jueteng is in violation of PD 1602,
illegal gambling as amended and it is against
public morals because it has not yet been
legalized by law.
ARTICLE148 DIRECT ASSAULT
The two forms in committing the crime of direct assault
under Article 148 are:
I.
Without public uprising, by employing FORCE or
INTIMIDATION for the attainment of any of the
Page 28
employs
force
or
Atty. V. Garcia
2.
3.
II.
Page 29
3.
Atty. V. Garcia
4.
occasion
of
such
performance.
If a person in authority or his
agent is engaged in the
performance of his official
duty at the time of the
assault, regardless of the
motive of the offender, direct
assault will always arise.
Whether there is a personal
vendetta, whether it is a
public reason or whatever
reason, there is always
direct assault. There is
defiance
of
authority
because the person in
authority or his agent is
actually engaged in the
performance of official duty
But if the person in authority
or his agent is not engaged
in the performance of his
official duty at the time of the
assault, motive on the part of
offender becomes material.
You have to determine the
motive on the part of the
offender. If the motive on the
part of the offender is a
personal vendetta, the crime
committed
is
murder,
homicide, serious physical
injuries or less serious
physical injuries, as the case
may be. But if the motive is
by reason of the authorities
past performance of his
official duty, the crime
committed is still direct
assault.
The phrase on occasion of
such performance means
that the said assault was by
reason
of
the
past
performance of official duty.
So on occasion means it is
by reason of the past
performance of official duty.
Page 30
3.
Atty. V. Garcia
1.
2.
ILLUSTRATION:
Q: What if the city mayor attended the flag ceremony. It
was a mandate. So there was this flag ceremony attended
by the city mayor. After the flag ceremony, the mayor went
to the platform and was making an announcement to the
city hall employees. Suddenly here comes X. X went near
the mayor and shot the mayor on the head. The mayor
died. What crime is committed by X?
A: QUALIFIED DIRECT ASSAULT WITH
MURDER. The city mayor was engaged in the
performance of his official duty at the time of the
assault therefore it is direct assault. Because the
city mayor was engaged in the performance of his
official duty regardless of the motive of X, even if it
is by mayors past performance of official duty or
by reason of personal vendetta, regardless of the
motive of X, the offender, since the mayor is
engaged in the performance of his official duty, it
is direct assault.
Now, the mayor died. Therefore there is a
resulting felony of murder because obviously there
was treachery; therefore, it is direct assault with
murder.
Now, the offender made use of a weapon, he
made use of a pistol gun, a firearm which is a
qualifying circumstance, therefore, the crime
committed is QUALIFIED DIRECT ASSAULT
WITH MURDER.
(EXAM TIP: the corresponding explanation must
be completewhat is the qualifying circumstance,
what is direct assault, what is a complex crime)
Q: What if the city mayor has just attended a Sunday mass.
He and his wife and children were getting out of the church
when suddenly here comes X. X, onboard the motorcycle
went straight to the city mayor and fired at the head of the
city mayor. The city mayor died. It was found that X was a
former employee of the city hall, who was dismissed by the
city mayor because he engaged in an anomalous
transaction. What crime is committed by X?
A:QUALIFIED
DIRECT
ASSAULT
WITH
MURDER.The city mayor was not engaged in the
performance of his official duty. Since the city
mayor was not engaged in the performance of his
Page 31
Atty. V. Garcia
The accused in boxing the judge, laid hands upon
a person in authority therefore it is QUALIFIED
DIRECT ASSAULT WITH SERIOUS PHYSICAL
INJURIES.
As against the court interpreter, the accused is
liable of the crime of DIRECT ASSAULT. At the
time the court interpreter came to the aid of a
person in authority, who was the victim of direct
assault. Note under Article 152, any person who
comes to the aid of a person in authority is
deemed an agent of a person in authority
therefore, when the court interpreter came to the
aid of the said judge, who was a person in
authority, he became an agent of a person in
authority. And under Article 148, any attack on an
agent of a person in authority is direct assault.
Therefore the crime committed is direct assault.
The said interpreter suffered slight physical injury.
You cannot complex it because it is only a light
felony. Therefore it is only direct assault not
complex. The said accused laid hands upon the
court interpreter, would you qualify it? No,
because he is mere agent of person in authority.
Therefore the crime committed is only direct
assault.
ARTICLE149 INDIRECT ASSAULT
Indirect assault can be committed only when a direct
assault is also committed
ELEMENTS:
1. An AGENT of a person in authority is the victim
of any of the forms of direct assault defined in
Article 148.
2. A person comes to the aid of such agent
3. Offender makes use of force or intimidation
upon such person coming to the aid of the
agent.
Q: What if a police officer was manning the traffic and it
was a heavy traffic so the vehicles were stuck. What if one
of the owners of the vehicles got mad at the police officer
and he went straight to the police officer, who at the time
has no pistol, and boxed the police officer. While he was
boxing a police officer a pedestrian saw the incident .the
pedestrian came to the aid of the police officer. This
angered the owner of the vehicle so he, too, boxed the said
pedestrian. The said pedestrian suffered slight physical
injuries while the police officer suffered less serious
physical injuries. What crime or crimes is/are committed by
the said owner of the vehicle against:
a. The police officer
b. The pedestrian?
Page 32
Atty. V. Garcia
came to his aid, and that someone was also attacked,
the crime committed is direct assault against that
someone. But when the victim of direct assault is a
mere agent of a person in authority, and someone
came to his aid, and that someone was also attacked,
the crime is indirect assault.
The reason is that the Congress
amended
Article
152
without
correspondingly amending Article 149.
Based on the amendment made by
Congress in Article 152, it is stated that
any person who comes to the aid of a
person in authority is deemed an agent
of person in authority. And if an agent of
a person in authority is attacked, such
attack is under Article 148 which is direct
assault and not indirect assault under
Article 149.
But if the victim of the said direct assault
is a mere agent of a person in authority,
and someone who comes to his aid will
not become an agent of a person in
authority; therefore when he is also
attacked, it will only be indirect assault
under Article 149.
Page 33
III.
IV.
V.
Atty. V. Garcia
ILLUSTRATION:
Q: What if there is this committee hearing, an investigation
about anomalous transactions entered into by a former
officials of the DENR. While the said official received the
summons, he failed to appear because he was at St.
Lukes. He was confined because he was suffering from
hypertension. Can he be held liable under Art. 150?
A: He cannot be held liable because he has a
legal excuse to attend or to obey the summons
issued by the Congress. The moment that there is
a legal excuse, the crime will not arise BUT if his
measure is without any legal excuse NOTE that
aside from violation of Art. 150, he can also be
held liable or cited for contempt by the said
committee of Congress and usually when cited for
contempt, he is placed in detention in the Senate
Blue Ribbon Committee.
Q: He obeyed the summons, he appeared, he allowed
himself to be sworn in however, the moment that the
Senators asked him questions, and he refused to answer
the questions. He said: I invoke my right against selfincrimination. When he was solely required to produce the
books which were confirmed to be in his possession; He
didnt want to produce the said books because according to
him, the production of these books would incriminate
himself. Can he be held liable under Art. 150?
A: He cannot. If the answer to any of the
questions or if the conduction of the same will
incriminate the person in the said crime; he has
the right not to do so. Under the Constitution, No
person can be compelled to be a witness against
himself and asking him, requiring him, ordering
him to produce the books or to answer any
questions which would incriminate himself is akin
to making him a witness against himself and it is
unconstitutional.
ARTICLE151 RESISTANCE AND DISOBEDIENCE TO
A PERSON IN AUTHORITY OR THE AGENTS OF SUCH
PERSON
Punishes two acts:
I. RESISTANCE AND SERIOUS DISOBEDIENCE
(PAR 1)
ELEMENTS:
1. The person in authority or his agent
a. is
engaged
in
the
performance of official duty;
or
b. gives a lawful order to the
offender
2. Offender resists or seriously disobey
such person in authority or his agent
Page 34
Atty. V. Garcia
Page 35
Atty. V. Garcia
III.
IV.
V.
Page 36
Atty. V. Garcia
the streets, uprise, rebel against the government, to
overthrow the government. What crime was committed?
A:The crime committed was inciting to
rebellion.
Q: What if, he was among the participants. The head of the
meeting, the Public Officer was discussing about the
increase of fares of the MRT and LRT. This person could
no longer control his emotions. Suddenly he stood up and
he said: buwisit na gobyerno na ito naiinis na ako. Dapat
na tayong mag rebelled sa gobyerno walang ginawa kundi
increase ng taxes. They go and rebel against the
government. What crime was committed?
A:Tumults and other disturbances of public
order. It is just an unconscious outburst of
emotions not an intentionally calculated to incite
people to rebel against the government.
ARTICLE154 UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL UTTERANCES
Acts punished:
I.
By publishing or causing to be published by
means of printing lithography or any other
means of publication, as news any false news
which may endanger the public order, or
cause damage to the interest or credit of the
State.
II.
By encouraging disobedience to the law or to
the constituted authorities or by praising,
justifying ot extolling any act punished by law,
by the same means or by words, utterances
or speeches.
III.
By maliciously publishing or causing to be
published any official resolution or document
without proper authority, or before they have
been published officially.
NOTE that in the third act there is
the word Malicious. The offender
must maliciously publish or cause to
be published any official resolution. If
the publication of the official
resolution without official authority or
the publication was not done
maliciously, there was no intent to
cause damage, it was not done
maliciously. Art 154 is not violated. It
is necessary that the said publication
must be done maliciously under the
third act.
IV.
By printing, publishing or distributing (or
causing the same) books, pamphlets,
periodicals, or leaflets which do not bear the
real printers name or which are classified as
anonymous.
Page 37
Atty. V. Garcia
I.
II.
III.
IV.
Page 38
Atty. V. Garcia
ARTICLE156 DELIVERING PRISONERS FROM JAIL
ELEMENTS:
1. That there is a person confined in a jail or penal
establishment.
2. That the offender removes therefrom such
persons, or helps the escape of such person.
Page 39
Atty. V. Garcia
also liable for direct bribery because in
case of infidelity in the custody of prisoners,
the giving and receiving of bribe is not a
qualifying or aggravating circumstance
therefore the jail warden custodian will be
liable for 2 crimes; Infidelity in the custody of
prisoners and direct bribery for having
received the bribed money in the amount of
P500,000.00.
Page 40
Atty. V. Garcia
3.
4.
b. Earthquake
c. Explosion
d. Similar catastrophe
e. Mutiny in which he has not participated
That the offender evades the service of his
sentence by leaving the penal institution where he
is confined, on the occasion of such disorder or
during the mutiny.
That the offender fails to give himself up to the
authorities within 48 hours following the issuance
of a proclamation by the Chief Executive
announcing the passing away of such calamity.
ILLUSTRATION:
Q: What if there was this earthquake, X was a prisoner
convicted by final judgment. Everything was shaking and
because of the earthquake, X escaped the penal institution.
He went to the house of his mother. That night while
watching the television, he saw the president
announced/declared that the calamity had already
ceased/passed away. Within 48hrs he returned. What is
the effect on his criminal liability?
A:If the said convict escaped and returned to
the proper authorities within 48hrs; there shall
be a credit or a deduction from his sentence.
There is 1/5 deduction/credit from his sentence.
Under Art 98 this is special time allowance for
loyalty. He was too loyal to the government that
even if he already left the penal institution he still
returned; such kind of loyalty must be rewarded.
Q: What if 48 hrs had lapsed, still he did not return. What is
the effect of his criminal liability?
A:There will be an additional penalty imposed
on him. 1/5 on the basis of the remainder of his
sentence but note that it shall not exceed six
months.
Q: There was this earthquake, everything was shaking. He
just hid under the table. He did not leave the penal
institution. He was so loyal to the government that he did
not even think to leave. Will he be given credit?
A:No. Under Art 158 there is no credit to be
given to him. Under Art 98, there is no special
time allowance of loyalty for just hiding under the
table and not leaving the penal institution. (note:
Page 41
Atty. V. Garcia
Who is a quasi-recidivist?
A quasi-recidivist is any person who shall commit
a felony after having been convicted by final
judgment before serving his sentence or while
serving his sentence.
Art 161 punishes the person who forges the great seal
of the Philippines, signature of the chief executive and
forging the stamp of the chief executive.
Art 161 is the crime when the person is the one who
committed the forgery, but if the offender is not the one
Page 42
Atty. V. Garcia
ILLUSTRATION:
Q: In an official document, the signature of the President
was forged by A then it was given to B. B knew that it was
a forgery nevertheless he made use of the same. What
crime was committed?
A:A committed a crime under 161. And B
committed a crime under 162.
ARTICLE163 MAKING AND IMPORTING AND
UTTERING FALSE COINS
ELEMENTS:
1. That there be false or counterfeited coins
2. That the offender either made, imported or uttered
such coins.
3. That in case of uttering such false or counterfeited
coins, he connived with the counterfeiters or
importers
When is it committed?
A. Counterfeiting (imitation of false coins)
is committed by any person who shall imitate
a genuine and authentic coin making it
appear that it is a true, genuine, and authentic
coin. The offender copies the peculiar design
of the coin and makes a spurious one out of
it.
B. Importing false coins is committed by
any person who shall bring into the Philippine
ports any false and counterfeited coins. It is
not necessary for the offender to be liable that
ILLUSTRATION:
Q: A is in possession of a coin which was of legal tender
during the time of Marcos in 1972. It was a proven genuine
coin. He copied the said coin and made a spurious one out
of it. Is he liable under Art 163?
A: Yes he is liable for making and importing and
uttering false coins under Article 163.
Q: What if while he was in possession of the said coin; he
took out a part of the metal content of the said coin. Can he
be liable for Mutilation of coins under Art 164?
A:No, he cannot because in Art 164 or mutilation
of coins, it is necessary that the coin subject of
mutilation must be of legal tender. It must be in
present currency because otherwise, it cannot be
said that the public has been deceived.
ARTICLE164 MUTILATION OF COINS
Acts punished:
I.
Mutilating coins of the legal currency, with the
further requirement that there be intent to damage
or to defraud another.
II.
Importing or uttering such mutilated coins, with the
further requirement that there must be connivance
with the mutilator or importer in case of uttering.
ILLUSTRATION:
Page 43
Atty. V. Garcia
2. Knowledge.
In the second act it is the act of actually
circulating or uttering the counterfeited
coin despite knowledge that it is
counterfeited or mutilated.
ILLUSTRATION:
Q: What if A is under surveillance, reports came to the
police that he had been circulating false coins. A went to
the bakery store, he bought bread worth P 50.00. He gave
the store owner 5 P 10.00 counterfeited coins. Thereafter,
after giving the counterfeited coins, he immediately left.
The police arrived and A was gone and it was the owner of
the store who is left. The police officer asked the owner of
the store to open the cash bin. There they saw the 5 P
10.00 coins which were counterfeited. They arrested the
owner of the store. Is the owner of the store liable under Art
165?
A:No he is not liable of selling of false coins or
mutilated coins, without connivance under Article 165.
First, he was caught in possession.
Was there possession?
Yes. The counterfeited coins were found
in his cash drawer. Possession does not
only mean physical or actual possession.
Possession
means
constructive
possession which means that the
counterfeited or mutilated coins are in his
control and custody. Therefore the first
element of possession is present.
Page 44
Atty. V. Garcia
Page 45
3.
4.
Atty. V. Garcia
3.
Page 46
4.
Atty. V. Garcia
EXPLANATIONS:
1. The offender is a public officer, employee, notary
public or an ecclesiastical minister.
If the offender is an ecclesiastical
minister, for him to be liable under Article
171, it is necessary that the document
that he falsifies must affect the civil status
of a person.
If the document falsified by an
ecclesiastical minister will not affect the
civil status of a person, he is still liable for
falsification, but not under Art. 171, rather
under Art. 172.
So, a priest falsified the communion
certificates of one of the students/pupils
receiving the first communion, the crime
committed is falsification under Art. 172,
not under Art. 171 because a certificate
of communion will not affect the civil
status of the said child.
2.
3.
II.
III.
ATTRIBUTING
TO
PERSONS
WHO
HAVE
PARTICIPATED IN AN ACT OR PROCEEDING
STATEMENT OTHER THAN THOSE IN FACT MADE
BY THEM
So under the third act, persons participated in
an act or proceeding, they made statements
therein, however, the offender in a document
may appear that these persons have made
certain statements which were not in fact
made by them.
Q: So what if in the Sangguniang Panglungsod, an
ordinance was being passed. There was a votation,
majority of the councilors voted, two of the councilors
dissented and their vote were NO. They just stated that
they were voting in the negative, but, they did not give any
explanation for their dissent or the vote of NO. However, in
the minutes appeared by the Sangguniang Secretary, the
latter made it appear that the two councilors made
statements that they voted NO because the said ordinance
Page 47
Atty. V. Garcia
VI.
VII.
Page 48
Atty. V. Garcia
ARTICLE172
FALSIFICATION
BY
PRIVATE
INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS
THREE PUNISHABLE ACTS/FELONIES?
I.
Falsification of a public, official or commercial
document by a private individual
So in case of FALSIFICATION OF A PUBLIC,
OFFICIAL OR COMMERCIAL DOCUMENT
by a PRIVATE INDIVIDUAL, is just the same
as ARTICLE 171 they only differ in that in
Art. 171, the offender is a public officer or
employee.
In ARTICLE 172, yes, the document falsified
is a public, official or commercial document,
but, the offender is a private individual even if
the offender is a private individual, since the
document falsified is a public, official or
commercial document, DAMAGE OR INTENT
TO CAUSE DAMAGE IS NOT AN ELEMENT.
II.
III.
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Atty. V. Garcia
necessary that he performs an act pertaining
to a person in authority or a public officer of
any department or agency of the Philippine
government or of a foreign government.
In usurpation of official functions, it is
necessary that the act pertaining to a person
in authority or a public officer must be under
pretense of official position and without being
lawfully entitled to do so.
ILLUSTRATION:
Q: What if an administrative case was filed against the
mayor before the Office of the Ombudsman. During the
investigation of the case, the Ombudsman preventively
suspended the mayor for a period of six months. The DILG
implemented the suspension order and the vice-mayor was
made the acting mayor. However, upon advice of his
counsel, the suspended mayor began working, began
performing the acts of being a mayor after 90 days of
preventive suspension. That is because according to his
counsel, he can only be suspended for a period of 90 days.
So on the 91st day of his suspension, he again began
assuming the function of a mayor. He signed documents,
he issued memorandum, etc. as the city mayor. Is he liable
under Article 177 for usurpation of official function?
A: Yes, he is liable for usurpation of official
function under Article 177. The reason is that he
is still under preventive suspension. Unless and
until it is lifted by the Ombudsman and the said
lifting was implemented by the DILG, he remains
to be a suspended mayor. And for having acted,
for having performing an act pertaining to the
office of a mayor, he is said to be committed a
violation of Article 177, usurpation of official
function.
Q: What if there was heavy traffic. So there was no MMDA
officer or policeman manning the traffic. One of the owners
of the vehicle caught in the traffic alighted from the vehicle
and he manned the traffic to ease the flow of the traffic.
The said man performed an act pertaining to an officer of
the MMDA, pertaining to a traffic enforcer. Is the said man
liable for usurpation of official function?
A: NO. While the man performed however he did
not do so under pretense of official position and
without being lawfully entitled to do so. There was
no intent on his part to falsely represent himself as
to be in that position. There was no false pretense
of official position therefore he cannot be held
liable under Article 177 or usurpation of official
function because his act was only done out of
pacific (promote peace; to end a conflict) spirit to
help ease the said traffic.
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Atty. V. Garcia
CESARIO URSUA v. CA
The said accused made use of a different name.
he used the name of Oscar Perez in the office of
the Ombudsman as he was trying to get a copy of
the complaint filed against him. It was however
discovered that a case of violation of CA 142 was
filed against him.
The SC held that he is not criminally liable. The
SC acquitted the accused because according to
the SC, the use of the name Oscar Perez in an
isolated transaction, without any showing, absent
an evidence that henceforth he wanted to be
known by the name of Oscar Perez in not within
the prohibition of CA 142 as amended. There was
no evidence that showed that henceforth he
wanted to be known by that name. There was no
showing that henceforth, he wanted to be called
by the said name therefore it cannot be said that
Oscar Perez is an alias of the accused.
PEOPLE v. ESTRADA
In this case, the former president made use of the
name Jose Velarde in signing a trust account. So
he signed a trust account, using the name Jose
Velarde and so he was charged with violation of
CA 142 as amended.
Again, the SC said, the use by Erap of the name
Jose Velarde in a single, isolated transcation,
Page 51
Atty. V. Garcia
not within the prohibition of CA 142, as
amended.
ARTICLE179 ILLEGAL USE OF UNIFORMS AND
INSIGNIA
Committed by any person who makes use of any
insignia, uniform or dress which pertains to an
office not being held by the offender or to a class
of person of which he is not a member and he
makes use of such insignia, uniform or dress
publicly and improperly.
ELEMENTS:
1. The offender makes use of INSIGNIA,
UNIFORM or DRESS
2. That the insignia, uniform or dress pertains to
an office not being held by the offender or to a
class of person of which he is not a member.
3. That the said insignia, uniform or dress is used
publicly and improperly.
The offender uses the insignia, uniform or dress of an
office not held by him or a by a class of person of
which he is not a member and he used the same
publicly and improperly.
ILLUSTRATION:
Q: What if a person was wearing a uniform. So he said that
it was a uniform of a certain organization known as H world
but in fact, no such organization ever existed. Is he liable
under Article 179?
A: No, he is not liable of Illegal use of insignia,
uniform or dress Article 179. The reason is that
H world does not belong to any office, doesnt
refer to a class of persons; therefore, he is not
liable under Article 179.
Q: What if a person made use of a uniform of a prisoner.
So you see a person, he was receiving a holy communion,
he was wearing an orange t-shirt with a big letter P at the
back which means Prisoner. Can he be held liable under
Article 179?
A: He is not liable of Illegal use of insignia,
uniform or dress under Article 179. Although he used the
uniform of a prisoner, it is not an office held by the offender,
it is not also a class of persons. When you say a class of
persons of which he is a member, it refers to a dignified
class of persons. He is assuming that he belongs to the
said class of persons. Here, he is even belittling himself
because he was wearing a uniform of a prisoner. Hence, it
cannot be said that he violated Article 179.
FALSE TESTIMONY (ART 180, 181, 182)
False testimony can either be false testimony in
criminal cases (Articles 180 and 181), false
Page 52
ILLUSTRATION:
Q: What if A is being prosecuted for the crime of homicide,
for having killed the victim. So while he is being
prosecuted, the fiscal presented a witness. This witness
was also brought in by the heirs of the victim. The heirs of
the victim said that the witness saw the said act of killing.
The fiscal believed and the fiscal presented the said
witness. The witness however was not present at the scene
of the crime but in his testimony the witness said that he
was present at the scene of the crime and that he actually
saw the accused stabbing the victim to death. The
accused, A knew that the witness was testifying falsely
because he knew that at the scene of the crime, it was only
he and the victim who were present. After trial on the
merits, the judge, acquitted the said accused A. In other
words, the judge did not give weight to the testimony of the
false witness. Can A still file a case against the false
witness?
Atty. V. Garcia
A:Yes, A can still file a case of false testimony
against the false witness. He can still file a case
of false testimony against the said false witness
even of the court did not consider the said false
testimony. Even if the court did not give any merit
on the said false testimony and acquitted him. The
crime will arise the moment the said offender
testified falsely in open court whether in favor or
against a defendant.
Q: What if in the same case, A was being prosecuted for
homicide. Then the prosecution presented the witness. The
witness testified falsely against the defendant saying that
he saw the actual act of killing. After trial on the merits, the
judge convicted the accused, the judge believed the false
testimony and so the judge convicted him. Upon conviction,
within 15 days from the promulgation of judgment, the said
accused, the said convict, filed an appeal before the CA.
While the case was pending before the CA, can the said
accused, the convicted person, already file a case of false
testimony against the false witness who testified against
him?
A:Not yet. Any case would still be a premature
case. In fact, you would not know what court will
have jurisdiction. You would not know if the court
that will have jurisdiction over the false testimony
is the RTC or the MTC because the penalty to be
imposed on the false witness is always dependent
on the penalty imposed on the convict.
Under Article 180, if the defendant has been
convicted and the penalty imposed is capital
punishment or death then the false witness shall
be imposed with a penalty of reclusion temporal. If
the defendant, upon conviction is imposed with a
penalty of reclusion perpetua and reclusion
temporal, the penalty will be imposed on the false
witness is prision mayor. If the said defendant is
convicted and the penalty imposed on him is any
other afflictive penalty, the penalty to be imposed
on the false witness is prision correcional. On the
other hand, if the penalty imposed on the said
defendant is prision correcional, arresto mayor,
fine or he was acquitted. If he was acquitted, the
penalty to be imposed on the said person who
testified falsely is arresto mayor.
So in this case, the penalty on the false witness is
always dependent on the penalty to be imposed
by the court on the defendant; therefore, there
must first be a final conviction by final judgment.
NOTE: if it is an acquittal, the case can be
immediately filed because an acquittal is
immediately executory. You cannot appeal an
acquittal. It is immediately executory.
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Atty. V. Garcia
2.
3.
4.
ILLUSTRATION:
Q: What if X made a false statement in a criminal
proceeding, what crime is committed?
A: The crime committed is FALSE TESTIMONY.
Q: A makes a statement in a labor case against B. What
crime is committed?
A: The crime committed is PERJURY.
If the false statement under oath is made in a judicial
proceeding whether it be a criminal or civil proceeding,
the crime committed is FALSE TESTIMONY. If the
said false statement, however, is made in a nonjudicial proceeding, administrative proceedings, or
quasi-judicial proceedings, then the crime committed is
PERJURY. So if the false testimony or the false
statement is made in a labor case, in an administrative
case, in an application for search warrant, during the
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Atty. V. Garcia
stated I love you and I miss you and they were all
falsities. He even asked it to be notarized and sent it to his
third girlfriend. Is he liable for perjury?
A: No, he is not liable for perjury. He is not
liable for perjury because the said love letter is not
required by law. The fourth element requires, to
amount to perjury, the sworn statement under
oath or the said affidavit must be required by law
because it is a crime against public interest not a
crime against personal interest.
Q: What if in a case submitted in a fiscals office, so there
was a complaint and attached thereto is a sworn statement.
In the said sworn statement, the witness said that he saw
the accident. He saw the accused bumped the victim.
According to him, at the time, he was watching Saksi, when
suddenly a commotion occurred outside, he ran out of the
window, he saw at that particular time the accused hitting
the said victim with his vehicle and so he saw the accused
that caused the death of the victim. That was his statement
in the affidavit filed to the fiscals office. During
investigation, however, it was discovered he was not
watching Saksi, he was watching Bandila, the news
program in ABS-CBN and not the news program in GMA. Is
he liable of perjury?
A:No, he is not liable of perjury. Although it was
under oath, administered by a fiscal, still it is no
perjury because it is not on a material matter.
Whatever it is that he was watching at the time,
even if it is cartoon, it doesnt matter. What
matters is that he heard the commotion, he ran to
the window, and he saw the accused bumping the
victim. He saw that it was the accused who killed
the victim and that it was the car of the accused
that hit the victim. Only then, it will be considered
as perjury but whatever he was watching, it was
immaterial. It was not on a material matter;
therefore it will not amount to perjury.
SUBORNATION OF PERJURY is committed by a person
who knowingly and willfully procures another to swear
falsely and the witness suborned does testify under the
circumstances rendering him guilty of perjury.
NOTE: Subornation of perjury is not expressly penalized in
RPC; but the direct induction of a person by another to
commit perjury may be punished under Article 183 in
relation to Article 7, meaning, the crime is plain perjury but
the one inducing another will be liable as principal by
inducement and the one who testified as principal by direct
participation.
Page 55
Atty. V. Garcia
II.
Page 56
III.
MONOPOLY
TO
RESTRAIN
FREE
COMPETITION IN THE MARKET
This is committed by monopolizing any
merchandise or object of trade or
commerce or by combining with any
other person or persons in order to alter
the prices thereof by spreading false
rumors or making use of any other
artifice to restrain free competition in the
market.
MANUFACTURER,
PRODUCER,
OR
PROCESSOR OR IMPORTER COMBINING,
CONSPIRING OR AGREEING WITH ANY
PERSON TO MAKE TRANSACTIONS
PREJUDICIAL TO LAWFUL COMMERCE
OR TO INCREASE THE MARKET PRICE
OF MERCHANDISE
ILLUSTRATION:
Q: What if Petron, Caltex and Shell connived, combined
and agreed with one another to hoard fuel. They know that
the fuel prices will increase by March and so they decided
to hoard it. Can they be held liable under Article 186?
Juridical corporations cannot be the subject of
criminal action. First, it cannot be said that juridical
persons can act with intent. Second, you cannot
imprison a juridical person in case of conviction.
So if the offender is a juridical entity, who shall be
held liable?
The president, the directors or any of the
members of the said corporation, association
or partnership, who knowingly permitted and
allowed this combination or monopoly in
restraint of trade or commerce. Note that they
must have knowingly permitted the same
otherwise, they cannot be held criminally
liable.
Atty. V. Garcia
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Atty. V. Garcia
TITLE FIVE
CRIMES RELATIVE TO OPIUM AND OTHER
PROHIBITED DRUGS
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
(RA 9165)
SECTION 4 IMPORTATION OF DANGEROUS DRUGS
AND/OR
CONTROLLED
PRECURSORS
AND
ESSENTIAL CHEMICALS
Is committed by:
Any person, who, unless authorized by
law, shall import or bring into the Philippines any
dangerous drug, regardless of the quantity and
purity involved.
present:
Note that the second element only requires the
crime must be established. The corpus delicti and
the price must be established. It does not require
that there must be giving of the price/money. It
suffices that the crime was established.
When the poseur-buyer said that he wants to buy
illegal drugs for P200, the price has already been
established. Therefore, all the elements will suffice
even if the marked money has not been given by
the buyer to the seller. In fact, even if the marked
money is not presented in court it will not be a
hiatus on the evidence of the prosecution provided
that the police officers and the witnesses were
able to prove the crime of illegal sale of dangerous
drugs.
thereof
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Atty. V. Garcia
SECTION 6 MAINTENANCE OF A DEN, DIVE, OR
RESORT
Any person who maintains a den, dive, or resort
for the use of illegal drugs are liable under this
section.
Page 59
ILLEGAL
DANGEROUS DRUGS
POSSESSION
Atty. V. Garcia
OF
DRUGS:
1. The accused was in possession of prohibited
drug
3.
ILLEGAL
POSSESSION
OF
DANGEROUS DRUGS DURING PARTIES, SOCIAL
GATHERINGS OR MEETINGS
in Sec. 13, if any person was found in possession
of dangerous drug in a party, social gatherings or
meetings, or in the proximate company of at least
two (2) persons; the maximum penalty prescribed
by law shall be imposed.
SECTION 15 ILLEGAL USE OF DANGEROUS DRUGS
ELEMENTS
OF
ILLEGAL
USE
OF
DANGEROUS DRUGS:
1. The offender was apprehended/ arrested in
the actual use of dangerous drugs.
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Atty. V. Garcia
official who shall be given a copy of
the said inventory and who shall be
required to sign the same.
Procedure:
1. Upon seizure/ confiscation of dangerous drugs,
the same must be stated in the inventory list.
2. There must be a picture taking of the dangerous
drugs in the presence of the accused or from the
person whom the dangerous drugs have been
confiscated or in the presence of his counsel, a
representative from the media, a representative
from the Department of Justice, and an elected
public official.
3. The elected public official must be required to sign
the inventory list and shall be given a copy of the
same.
Page 61
Atty. V. Garcia
Page 62
TITLE SIX
CRIMES AGAINST PUBLIC MORALS (Articles 200
202)
ARTICLE200 GRAVE SCANDAL
Grave Scandal a highly scandalous act
offensive to good morals, good customs and
decency committed in a public place or within
public knowledge or public view.
ELEMENTS:
1. The offender performs an act or acts
2. Such act or acts be HIGHLY SCANDALOUS as
offending against decency or good customs
It is necessary that the act must be
highly scandalous and offensive to
morals, offensive to decency and
offensive to good customs.
3. That the highly scandalous conduct is not
expressly falling within any other article of this
Code.
The third element requires that it must
not expressly fall within any other
article of this code. It must not
constitute any other violation in the
RPC. Grave scandal is a crime of
last resort because you only file a
complaint for grave scandal when the
said act is not punishable under any
other article in the RPC.
4. The act or act complained of be committed in a
public place or within the public knowledge or
view.
Then the fourth element provides that
the highly scandalous act must be
committed either in a public place or
within public knowledge or view. If the
highly scandalous act is committed in
a public place, the crime of grave
scandal will immediately arise. The
place being public, the law presumes
that someone may have witnessed
the commission of the highly
scandalous act. However, if the crime
is committed or if the highly
Atty. V. Garcia
scandalous act is committed in a
private place, for the crime of grave
scandal to arise, it is necessary that it
must be witnessed by one or more
persons to be said that it is within the
public knowledge or public view.
ILLUSTRATION:
Q: So let us say that A and B are boyfriend and girlfriend
and it is their anniversary. They went to Luneta Park and
at exactly 12 midnight, in the middle of Luneta Park, they
engaged in sexual intercourse. No one witnessed their
sexual intercourse. Are they liable for grave scandal?
A: YES. They are liable for grave scandal. They
have the right to engage in sexual conduct but the
fact that they performed the sexual conduct in
Luneta Park, a public place makes the act
offensive to public morals, decency and good
customs and the said act does not constitute any
other violation in the RPC because they have the
right to engage in sexual intercourse. Therefore,
the crime committed is grave scandal because
they performed the act in a public place even if no
one saw the commission of the said act still, still
because it is performed in a public place , it is
presumed that someone may have seen the
commission of the highly scandalous act.
Q: So what if a wife and a husband, celebrating their
anniversary, engaged in sexual intercourse in their terrace.
So the act is committed in their premises, in the terrace of
their house. However, the gate was open and so passersby
would see them performing the sexual intercourse. Are
they liable for grave scandal?
A: YES. They are liable for grave scandal. The
said act does not constitute another offense in the
RPC because they have the right to engage in
sexual conduct. The sexual conduct was
performed in the privacy of their home however;
people witnessed the commission of the said act.
It now becomes a highly scandalous act because
it is within the knowledge of the public or within
public view.
Q: What if A and B are boyfriend and girlfriend. The
girlfriend is 11 yrs old and the boyfriend is 21 yrs old. And
because it is their monthsary the girlfriend thought of giving
herself as a gift and engaged in sexual intercourse in a
public place Are they liable for grave scandal?
A: NO. They are not liable for grave scandal. The
man is liable for statutory rape. A man who had
sexual intercourse with a child under 12 years of
age, regardless of the consent, regardless of the
willingness of the said child, the man is liable for
statutory rape. Because in so far as criminal law is
concerned, a child under 12 yrs old has no
intelligence of his/her own and is not capable of
giving a valid consent. Therefore, even if the girl
voluntarily gave herself in so far as the law is
concerned, it is still statutory rape. It is not grave
scandal because the third element is wanting. The
said act fall under the violation of article of RPC
that is under article 266-A for rape. As I said,
Page 63
Who is a prostitute?
A prostitute is any woman who, for money or
profit, indulges in sexual intercourse or
lascivious conduct. So it is the work or job of
a woman. Note that the law defines it to be a
woman therefore; a man cannot be
considered a prostitute. Before, if a man
engages in sexual intercourse or lascivious
conduct he can be punished under Article 202
but now since vagrancy has been
decriminalized by R.A. No. 10158, he can no
Atty. V. Garcia
longer be prosecuted. Only prostitutes who
are woman.
TITLE SEVEN
CRIMES COMMITTED BY PUBLIC OFFICERS (Articles
203 245)
ARTICLE203 PUBLIC OFFICERS
REQUISITES TO BE A PUBLIC OFFICER:
1. One must be taking part in the performance of
public functions in the Government or one
must be performing in said Government or in
any of its branches public duties as an
employee, agent or subordinate official, of any
rank or class; and
2. That his authority to take part in the
performance of public functions or to perform
public duties must be
a. by direct provision of the law; or
b. by popular election; or
c. by appointment by competent authority
Whenever a person applies to a public office, he has the
so-called, OATH OF OFFICE. If he is high-ranking official,
the oath is also before a high-ranking official. If he is a
cabinet secretary, the oath is before the President or to the
Supreme Court Chief Justice. If he is only an ordinary
employee, still he has oath of office. It is a document which
is entitled, OATH OF OFFICE, he merely signs it.
Felonies under TITLE SEVEN are felonies in violation of
this oath of office, they can either be:
NONMISFEASANCE
MALFEASANCE
FEASANCE
A public officer
A public officer
performs an
knowingly,
A public officer
official acts in a
willfully refuses
performs in his
manner not in
or refrains from
public office an act
accordance with
doing an act
prohibited by law.
what the law
which is his
provides
official duty to
do.
(GN: Performance
(GN: Improper
of some act which
performance of
(GN: Omission
ought not to be
some act which
of some act
done
might be lawfully
which ought to
done)
be performed)
ARTICLE 210211
ARTICLE 204
ARTICLE
TO 207
208
ARTICLE204 KNOWINGLY RENDERING UNJUST
JUDGMENT
ELEMENTS:
1. The offender is a judge
2. That he renders a judgment in a case submitted
to him for decision
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Atty. V. Garcia
ARTICLE206 UNJUST INTERLOCUTORY ORDER
ELEMENTS:
1. The offender is a judge
2. That he performs any of the following acts:
a. knowingly renders unjust interlocutory
order or decree
b.
renders
a
manifestly
unjust
interlocutory order or decree through
inexcusable negligence or ignorance
ARTICLE207
MALICIOUS
DELAY
IN
THE
ADMINISTRATION OF JUSTICE
ELEMENTS:
1. The offender is a judge
2. There is a proceeding in his court
3. He delays the administration of justice
4. The delay is malicious, that is, delay is caused
by the judge with deliberate intent to inflict
damage on either party in the case.
Page 65
OF
THE
Atty. V. Garcia
2.
3.
ILLUSTRATION:
A lawyer for 3 consecutive times, without any
justifiable reason, failed to file his formal offer of exhibits.
During the first time he was given 15 days, he failed to file,
second time he was given 15 days, he failed to file. On the
third time, he was given 5 days still, he failed to file, without
giving any justifiable reason for his non-compliance with the
order of the court. By reason thereof, there is no evidence
in behalf of the defense of his client was admitted by the
Court. Because only evidences offered may be admitted by
the court. And so, the judge convicted the accused, the
client was prejudiced because of the counsels malicious
breach of his professional duty. It is incumbent upon any
counsel to file a pleading within the reglementary period
provided by law or required by the court.
For failing to do so without any justifiable reason,
he caused damage to his client by malicious
breach of his professional duty.
Q: What if Atty. A was the counsel of X, he was behind
bars for the crime of kidnapping for ransom. Atty. A visited
X to ask the facts of the case in order for him to study and
to nput up a good defense. During their conversation, X
informed his counsel, Atty. A that there will be another
kidnapping tomorrow night at 9PM in Quezon City, to be
done by his other gang mates who were at large. Atty. A,
upon knowing this information from his client X,
immediately went to the police officers of Quezon City in
order to pre-empt the commission of the crime. Is Atty. A
liable for the second act because he divulged the secrets of
his client which he learned in his professional capacity?
A: Atty. A is not liable under Article 209. The
secrets being referred to under Article 209 refers
to the past crimes of the said client and it refers
to the facts and circumstances related to the
crime which is being handed by the said
Attorney or counsel.
ELEMENTS:
1. Causing damage to his client, either:
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Atty. V. Garcia
II.
III.
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Atty. V. Garcia
crime/crimes is/are committed by the civil registrar and by
the mother?
A: The civil registrar is liable for direct
bribery because he agreed to perform an act
constituting a crime in consideration of a promise
that the 2 months salary will be given to him. The
said act is in connection with his performance of
his official duty. Therefore he is liable for direct
bribery. He actually performs the act, he actually
committed a crime, therefore he is also liable for
the falsification of a public document because he
actually altered the birth date which is a very
important date in the birth certificate so he is
also liable for the falsification of a public
document.
Without the said bribe, the mother would not
have committed falsification, so are you going to
complex them? because direct bribery is a
necessary means to commit falsification.
Page 68
ILLUSTRATION:
A is the newly appointed secretary of DENR. On his
first day of office, Mr. X visited him, paid a courtesy call. Mr.
X is the president of a big logging company. They
exchanged some pleasantries, thereafter, when this
president of the logging company left, he placed a small
box on the table. When he left, the new DENR secretary
opened the box and it was a key to a car parked in front of
the building. The new DENR secretary used it and drove
the car
He is liable for Indirect Bribery. The president
of the logging company does not require him to
do anything, it was merely given to him because
he was newly appointed as the DENR secretary.
His acceptance brings about consummated
indirect bribery; therefore, indirect bribery has no
attempted or frustrated stage because outside
acceptance, no crime is committed.
ARTICLE211-A QUALIFIED BRIBERY
ELEMENTS:
1. The offender is a public officer entrusted with
law enforcement
2. The offender refrains from arresting or
prosecuting an offender who has committed a
crime punishable by reclusion perpetua and/or
death
3. The offender refrains from arresting or
prosecuting the offender in consideration of
any promise, gift or present.
ILLUSTRATION:
Q: A police officer was conducting a patrol. He saw a man
behind the tree, looking at the other house adjacent to the
tree as if waiting for someone. So the police officer parked
his vehicle and observed what this man would do. The
Atty. V. Garcia
moment that a man came out of the gate of the house, this
man hiding behind the tree, immediately went directly to
him and shot him 5 times, and killing him instantly. Then,
the said man rode a motorcycle and left. The police officer
chased him. The Police officer arrested him, however, he
gave the police officer P500,000 and told the police officer,
Mr. Police officer, you saw nothing, you heard nothing.
And the police officer allowed him to leave. What
crime/crimes is/are committed by the said police officer?
A: The said police officer is liable for
qualified bribery. The crime committed by the
said man is murder, because obviously, in his
act of killing, there was treachery, the other party
was defenseless and obviously the said man
deliberately and consciously adopted the ways
means and methods employed by him in killing
the victim. Since there was treachery, the crime
committed is murder, punishable by reclusion
perpetua to death. His failure to arrest and
prosecute this man constitute qualified bribery
because he did so after accepting P500,000.
Q: What if a police officer was conducting a patrol, he saw
A and B fighting, boxing each other, killing each other, until
they already on the ground. In the course thereof, A pulls
out his balisong and stabbed B several times on the heart,
a vital organ. B died instantly. Thereafter, A ran away, the
police officer tried to catch up with A and he was able to
arrest A. However A, gave the police officer P100,000. The
police officer allowed him to leave. What crime/crimes
is/are committed by the said police officer?
A: The crime committed by A in killing B is
precedent by a fight, therefore it is merely
homicide. Homicide is punishable only by
reclusion temporal. Since it is only punishable by
reclusion temporal, therefore, qualified bribery is
not applicable.
He committed direct bribery, because he
accepts a bribe, in consideration of an act of
refraining to arrest the said criminal. He actually
refrain from arresting and prosecuting the
criminal, therefore in addition to direct bribery, he
also committed dereliction of duty in the
prosecution of offenses because he actually
committed dereliction of duty by refraining from
arresting the person who has actually committed
a crime. So this time, there are 2 crimes
committed:
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Atty. V. Garcia
1. Causing any undue injury; or
2. Giving any private party any unwarranted
benefit, advantage or preference
The law uses the conjunctive or;
therefore, the fact that the offender
causes any undue injury to any party or
the fact that the offender gave any party
unwarranted benefit, advantage or
preference, they can be charged
distinctly or separately from each other.
The Supreme Court also stated that the elements
of Sec 3 (e) of RA 3019
UNDUE INJURY means there must be an actual
damage caused to the offended party. Absent any
actual damage caused to the offended party, then
section 3 (e) is not violated.
(g) Entering, on behalf of the government, into any
contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the
public officer profited or will profit thereby
The public officer entered into any contract or
transaction on behalf of the government. The
said contract is manifestly and grossly
disadvantageous to the government.
In NAVA v PALLATTAO, the violation was Section 3 (g).
The DECS officials bought laboratory science materials
and after COA audited, it was discovered that there was an
overpricing. The same is true in CAUNAN v PEOPLE
where Joey Marquez and company bought walis-tingting,
and according to the COA auditors, there was also
overpricing of these walis-tingting. But in the case of Nava,
there was conviction but in the case of Caunan, there was
an acquittal.
Where lies the difference?
In the case of Nava, the COA officials proved
the overpricing because they bought the very
same laboratory materials from the same
supplier where the DECS officials bought and
by reason thereof, it was discovered that
there was indeed an overpricing.
However, in the case of Caunan, Joey
Marquez bought from a different supplier than
where the COA officials bought. The COA
officials bought from a Las Pinas supplier
which they compared with the price of walistingting bought by Joey Marquez. Not only did
they buy the said walis-tingting from a
different supplier, the walis-tingting bought by
COA officials was of different specifications
from that of the walis-tingting bought by Joey
Marquez and company. Hence, the Supreme
Court said that prosecution was not able to
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Atty. V. Garcia
other person, in connection with any contract or transaction
between the Government and any other part, wherein the
public officer in his official capacity has to intervene under
the law.
Note:
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Atty. V. Garcia
Page 72
SECTION 14 - EXCEPTION
Q: What if a public officer saw an old man waiting line. So
the old man received a notice, the notice said that his
license is ready, it has already been approved. So he was
waiting in line for the release of his license, it was already
approved. The head of office saw the old man. 85 years
old, under the heat of the sun and with his frail body. So the
head of office took the man and the head of office asked
the man to his office. The head of office asked the
secretary, Is the license of this man approved? The
secretary said yes. The head of office said, get it. The
secretary took it and gave to the head of office. The head
of office, upon seeing that it is approved, and the man was
only waiting for its release, gave it to the man; therefore the
man need not wait in the long line. The man was so
thankful that the following day, the man went back to the
office with two big bilaos of bibingka to the said head of
office to say thank you. The said head of office received
two big bilaos of bibingka. Is the said head of office liable
under RA 3019?
A: No. It falls under the exception. Under
Section 14, unsolicited gifts or presents of small or
insignificant value offered or given as a mere ordinary
token of friendship or gratitude, according to local customs
or usage is excepted from the provisions of RA 3019;
therefore the said public officer will not be held criminally
liable.
Atty. V. Garcia
RA 7080: ANTI-PLUNDER ACT
Ill-gotten wealth
- means any asset, property, business enterprise or
material possession of any person within the purview of
Section two (2) hereof, acquired by him directly or indirectly
through dummies, nominees, agents, subordinates and/or
business associates by any combination or series of the
following means or similar schemes:
1. Through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public treasury;
2. By receiving, directly or indirectly, any commission, gift,
share, percentage, kickbacks or any/or entity in connection
with any government contract or project or by reason of the
office or position of the public officer concerned;
3. By the illegal or fraudulent conveyance or disposition of
assets belonging to the National government or any of its
subdivisions, agencies or instrumentalities or governmentowned or controlled corporations and their subsidiaries;
4. By obtaining, receiving or accepting directly or indirectly
any shares of stock, equity or any other form of interest or
participation including the promise of future employment in
any business enterprise or undertaking;
5. By establishing agricultural, industrial or commercial
monopolies or other combinations and/or implementation of
decrees and orders intended to benefit particular persons
or special interests;or
6. By taking undue advantage of official position, authority,
relationship, connection or influence to unjustly enrich
himself or themselves at the expense and to the damage
and prejudice of the Filipino people and the Republic of the
Philippines
Sec. 2. Definition of the Crime of Plunder, Penalties. Any
public officer who, by himself or in connivance with
members of his family, relatives by affinity or consanguinity,
business associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten wealth through
a combination or series of overt or criminal acts as
described in Section 1 (d) hereof, in the aggregate amount
or total value of at least Fifty million pesos
(P50,000,000.00), shall be guilty of the crime of plunder
and shall be punished by life imprisonment with perpetual
absolute disqualification from holding any public office. Any
person who participated with the said public officer in the
commission of plunder shall likewise be punished. In the
imposition of penalties, the degree of participation and the
attendance of mitigating and extenuating circumstances
shall be considered by the court.
Sec. 4. Rule of Evidence. For purposes of establishing the
crime of plunder, it shall not be necessary to prove each
and every criminal act done by the accused in furtherance
of the scheme or conspiracy to amass, accumulate or
acquire ill-gotten wealth, it being sufficient to establish
beyond reasonable doubt a pattern of overt or criminal acts
indicative of the overall unlawful scheme or conspiracy.
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Atty. V. Garcia
(6) Being tied or forced to assume fixed and
stressful bodily position;
(7) Rape and sexual abuse, including the insertion
of foreign objects into the sex organ or rectum, or
electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts
of the body such as the genitalia, ear, tongue,
etc.;
Acts of torture:
(a) Physical torture is a form of treatment or punishment
inflicted by a person in authority or agent of a person in
authority upon another in his/her custody that causes
severe pain, exhaustion, disability or dysfunction of one or
more parts of the body, such as:
(1) Systematic beating, headbanging, punching,
kicking, striking with truncheon or rifle butt or other
similar objects, and jumping on the stomach;
or secret
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Atty. V. Garcia
Any superior military, police or law enforcement officer or
senior government official who issued an order to any lower
ranking personnel to commit torture for whatever purpose
shall be held equally liable as principals.
The immediate commanding officer of the unit concerned of
the AFP or the immediate senior public official of the PNP
and other law enforcement agencies shall be held liable as
a principal to the crime of torture or other cruel or inhuman
and degrading treatment or punishment for any act or
omission, or negligence committed by him/her that shall
have led, assisted, abetted or allowed, whether directly or
indirectly, the commission thereof by his/her subordinates.
If he/she has knowledge of or, owing to the circumstances
at the time, should have known that acts of torture or other
cruel, inhuman and degrading treatment or punishment
shall be committed, is being committed, or has been
committed by his/her subordinates or by others within
his/her area of responsibility and, despite such knowledge,
did not take preventive or corrective action either before,
during or immediately after its commission, when he/she
has the authority to prevent or investigate allegations of
torture or other cruel, inhuman and degrading treatment or
punishment but failed to prevent or investigate allegations
of such act, whether deliberately or due to negligence shall
also be liable as principals.
Any public officer or employee shall be liable as an
accessory if he/she has knowledge that torture or other
cruel, inhuman and degrading treatment or punishment is
being committed and without having participated therein,
either as principal or accomplice, takes part subsequent to
its commission in any of the following manner:
(a) By themselves profiting from or assisting the
offender to profit from the effects of the act of
torture or other cruel, inhuman and degrading
treatment or punishment;
(b) By concealing the act of torture or other cruel,
inhuman and degrading treatment or punishment
and/or destroying the effects or instruments
thereof in order to prevent its discovery; or(c) By
harboring, concealing or assisting m the escape of
the principal/s in the act of torture or other cruel,
inhuman and degrading treatment or punishment:
Provided, That the accessory acts are done with
the abuse of the official's public functions.
Aggravating Circumstances in torture:
(1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in
consequence of torture, the victim shall have become
insane, imbecile, impotent, blind or maimed for life; and
(5) Torture committed against children.
Page 75
AND
ILLEGAL
Atty. V. Garcia
sums different from or larger than those authorized
by law; or
(2) Failing voluntarily to issue a receipt, as provided
by law, for any sum of money collected by him
officially; or
(3) Collecting or receiving, directly or indirectly, by
way of payment or otherwise, things or objects of
a nature different from that provided by law.
Here, the offender is a COLLECTING PUBLIC
OFFICER. A public officer who has been entrusted with
duty to collect taxes, licenses, fees or other imposts. Only
this kind of public officer can commit this crime because
ILLEGAL EXACTION involves violation of rules on
collection.
1st Act - Demanding, directly or indirectly, the payment of
sums different from or larger than those authorized by
law;or
ILLUSTRATION:
Q: There was this cashier in the city treasurers office. Here
comes X, X said that he is going to get a cedula (residence
certificate) and then X said, How much am I going to pay?
and then, the cashier or the collecting officer said, you
have to pay Php200 but it is actually Php20. X said, hmp,
angmahalpala, ayokona. and so he left. Is the said
collecting officer liable of any crime?
A:YES, he is liable. For merely demanding an
amount larger than that authorized by law, he is
already liable for ILLEGAL EXACTION under
Article 213, Par. 2.
Q: He is already liable, he merely demanded, but what if in
the same problem, X said he was going to get a cedula.
The collecting officer saw him and he appears to be poor
man and so X asked the collecting officer, How much am I
going to pay? and the collecting officer took pity of X and
said, Only Php 10. So, the poor man said, Oh, I have
more money, Ill get two. Is the collecting officer liable of
any crime?
A:YES, he is liable because he demanded an
amount different from that authorized by law. Note
that what the law requires is the demanding of an
amount, directly or indirectly, different from or
larger than those authorized by law. Therefore,
even if it is lower, so long as it is different from that
provided by law, and so long as it is demanded by
the said collecting officer, then it is considered as
ILLEGAL EXACTION.
It is not necessary for the said collecting officer to
have misappropriate the funds, the moment that he
misappropriates the funds, in addition to illegal
exaction, he may also be held liable for
MALVERSATION, because Illegal Exaction is only
about the rules on collection. It has nothing to do
with the appropriation or misappropriation of funds
or property. Only a violation of the rules on
collection.
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Atty. V. Garcia
Articles 315-318
If any of the public officer commits any of the frauds or
deceits constituting ESTAFA or SWINDLING, under Art.
315-318, and he does so by taking advantage of his official
position, his criminal liability is Other Frauds under Art. 214.
Not estafa, Not swindling. the reason is that in
case of a public officer, there is additional
penalty. If you look at Article 214, the law says
that the penalty is the same penalty as the first
offense under Art. 315-318. But additional to
that, temporary disqualification to perpetual
disqualification for having taken advantage of his
official position. Therefore, if it is a public officer
who commits estafa or swindling, the crime is
under Art. 214 and there is an additional penalty.
ARTICLE 215 PROHIBITED TRANSACTIONS
ELEMENTS:
1. Offender is an appointive public officer
2. He becomes interested, directly or indirectly in any
transaction of exchange or speculation
3. Transaction takes place within the territory subject to
his jurisdiction
4. He becomes interested in the transaction during his
incumbency
ARTICLE 216 POSSESSION OF PROHIBITED
INTEREST BY A PUBLIC OFFICER
PERSONS LIABLE:
1. Public Officer who, directly or indirectly, became
interested in any contract or business in which it was
his official duty to intervene.
2. Experts, arbitrators, and private accountants who, in
like manner, took part in any contract or transaction
connected with the estate or property in the appraisal,
distribution or adjudication of which they had acted
3. Guardians and executors with respect to the property
belonging to their wards or the estate
CHAPTER FOUR MALVERSATION
FUNDS OR PROPERTY
OF
PUBLIC
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Atty. V. Garcia
If all of these are present, the Supreme Court says
that there arises the prima facie presumption that there is
malversation of public funds or property. Therefore, there
may NOT be direct evidence to convict one for
malversation of public funds or property. Obviously, there
cannot be any witness, because when you say direct
evidence, there is a witness. Of course, he would not let
anyone see him malversing the funds. It suffices in the
audit, these three things were discovered. If these three are
discovered, then there arises the prima facie presumption
that there is a so-called MALVERSATION OF PUBLIC
FUNDS OR PROPERTY
ILLUSTRATION:
Q: What if a man was walking, in the middle of the night, a
police officer who was conducting a patrol saw something
bulging on his waist. The police officer stopped him and
frisked him and there, they saw a firearm. They ask for the
license, the said man could not produce the license for the
said firearm. He was arrested for illegal possession of
unlicensed firearm, and the firearm was confiscated. During
the trials of the case, the fiscal move for subpoena for the
custodian of the said firearm. The custodian appeared but
failed to bring the firearm. He had already sold the said
firearm confiscated. What crime is committed by the said
custodian?
A: He is liable for Malversation under Article 217.
Q: His contention was, it cannot be malversation, because
the firearm was owned by a private person. It is not a public
property, therefore I cannot be held liable for malversation.
Is the contention correct?
A: His contention is wrong. The said firearm
has already been confiscated by public
authority, therefore it is now deemed,
CUSTODIA LEGIS. The moment it is in
custodialegis, it loses its character as a private
property and it now assumes a character of a
public property. Hence the crime committed is
Malversation.
Q: What if, there was this collecting officer, a cashier, and
there were many persons paying. And the long line persons
paying, one cashier said that he needed to answer the call
of nature, and so he asked another fellow cashier to look
after his drawer, and so, he left and went to the restroom.
But he also left the key of his drawing on the key holder.
And so, the moment he left, his fellow cashier went to his
drawer and opened it and took Php 2000 from the
collection of A on the same day. Then A arrived, and he
then accepted collections. In the afternoon, there was a
surprise audit coming from the COA. and it was discovered
that based on the receipts, The php 2000 were missing
from the collection of A. Therefore, A was charged. What
crime if any, has been committed by A? Is A liable for
malversation?
A: Yes, he is liable for malversation through
negligence. That is the passive act. That is
through his abandonment or negligence, he
permitted another person, Cashier B to
misappropriate a part of his collection for the day.
Hence A is also liable for Malversation. Not B, but
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Atty. V. Garcia
A: Yes, he is liable of Malversation of public
funds or property under Article 217 through
Negligence. There was inexcusable negligence
on his part said the Supreme Court, because all
by himself, carried the millions worth of dangerous
drugs in the PDEA van, considering the value of
the said dangerous drugs, he should have asked
for back up. Yes, he survived, but he was charged
with Malversation of public funds or property
through CULPA.
Q: What if, there is a public officer whose office is in pasay.
He is going to have a meeting in Caloocan. And so he went
to Caloocan in one afternoon and attended the said
meeting. He had to go to pasay in order to make a report,
However, the traffic was heavy, so instead of using his car
on the way back, he rode the LRT. Upon reaching the
office, he realized that his bag was opened, and the
cellphone which was __5:17___ by the Government was
already gone. By reason thereof, he was charged with
Malversation under Article 217 because through his
negligence, the cellphone which was ____ to him by the
Government and for which he is accountable to the
Government was now missing. It was taken or stolen by
somebody. Is he liable? He was convicted by the
SandiganBayan but when it came to the Supreme Court,
the Supreme Court acquitted him.
A: According to the Supreme Court, there was no
negligence on the part of the said public officer.
He cannot be faulted for having taken the LRT
because of the said heavy traffic. It cannot be said
that there was negligence on his part in placing
the cellphone inside his bag, because, where else
would you place a cellphone but inside the bag for
safekeeping. It would have been different while on
board, he was using the said cellphone. Hence,
the Supreme Court said, there was no negligence
and therefore, although convicted by the
SandiganBayan, he was acquitted by the
Supreme Court.
ARTICLE 218 FAILURE OF ACCOUNTABLE OFFICER
TO RENDER ACCOUNTS
ELEMENTS:
1. Offender is a public officer, whether in the service or
separated therefrom
2. He must be an accountable officer for public funds or
property
3. He is required by law or regulation to render accounts
to the Commission on Audit, or to a provincial Auditor
4. He fails to do so for a period of two months after such
accounts should be rendered
ARTICLE 219 FAILURE OF RESPONSIBLE PUBLIC
OFFICER TO RENDER ACCOUNTS BEFORE LEAVING
THE COUNTRY
ELEMENTS:
1. Offender is a public officer
2. He must be an accountable officer for public funds or
property
3. He must have unlawfully left (or be on the point of
leaving) the Philippines without securing from the
Page 79
ARTICLE 220
The public officer did not
misappropriate the funds for
his personal use, he used it
for another public purpose
other than that which has
been appropriated by law or
ordinance that is why it is
TECHNICAL
MALVERSATION the
offense
is
on
the
technicality of the use of
funds.
Atty. V. Garcia
property for safekeeping. It
is under his custody and
control and therefore it is for
his safekeeping and he has
the obligation to account it
later on to the Government
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Atty. V. Garcia
A: People vs. Nava The Supreme Court said
that mere laxity would not amount to negligence
under Art. 224. Because
according to the
Supreme Court in that old case, the negligence
being required in order that a public officer may be
entitled, must be a deliberate non-performance of
his duty. Here, it is only a mere laxity on the part of
the said public officer for not having accompanying
the said woman in the rest room.
Rodriguez vs. SandiganBayan(new case) The
Supreme Court said otherwise. According to the
Supreme Court, the moment that a public officer, a
jail warden has accompanied a prisoner outside
jail, he must not have lost sight of the said
prisoner. The only obligation of the said jail warden
after the trial was to bring her back to the court.
The fact that the said jail guard allowed himself to
have a merienda, and even allowed the woman
prisoner to go to the restroom alone, there was
laxity on the part of the said jail guard. The
Supreme Court said, LAXITY is a deliberate nonperformance of his official duty as the guard of the
said prisoner, thereby amounting to infidelity in the
custody of prisoner under Art. 224.
INFIDELITY IN THE CUSTODY OF DOCUMENTS
(ARTICLES 226, 227, 228)
ARTICLE 226 REMOVAL, CONEALMENT OR
DESTRUCTION OF DOCUMENT
ELEMENTS:
1. Offender is a public officer
2. He removes, destroys, or conceals documents or
papers
3. Said documents or papers should have been entrusted
to such public officer by reason of his office
4. Damage, whether serious or not, to a third party or to
the public interest should have been caused
Under Article 226, in order for infidelity in the custody
of documents to arise, it is necessary that there be damage
caused to a third person or to the public interest. If damage
is serious, the penalty is QUALIFIED, therefore, the
damage may or may not be serious provided that there is
damage, the crime will arise.
DAMAGE IS NECESSARY in order to give rise to
infidelity in the custody of documents.
ARTICLE 227 OFFICER BREAKING SEAL
ELEMENTS:
1. Offender is a public officer
2. He is charged with the custody of papers or property
3. These papers or property are sealed by proper
authority
4. He breaks the seals or permits them to be broken
Under Article 227, officer breaking the seal, infidelity in
the custody of prisoners to arise, even without damage
caused to a third party or to public interest. Damage is NOT
an element.
MERE BREAKING of the seal of the document will
already consummate the crime.
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Atty. V. Garcia
A: The crime committed is infidelity in the
custody of documents under Art. 226 by the
public officer in destroying the said document.
This marked money becomes documentary
evidence, the moment they have been marked as
exhibits. Money here is not used as a medium of
exchange, but as documents because they have
been marked as documentary evidence. The
moment they have been taken, removed,
concealed or destroyed, the crime committed is
infidelity in the custody of documents because the
clerk of court is the custodian of the documentary
exhibits. If money is used, not as a medium of
exchange, but like this, as documentary exhibits
or any other use other than as a medium of
exchange, the one who malverse, or use it is the
custodian of the said documents, the crime is
infidelity in the custody of documents and NOT
malversation.
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Atty. V. Garcia
ILLUSTRATION:
Q: A raped B. B was treated by a medico legal officer at the
PNP. This medico legal officer who has examined A,
issued a medical certificate, And so in the case filed by B
against A for this so-called rape, the fiscal moved that the
subpoena (adjustificandum) be sent to this public officer,
the medico legal office who examined the rape victim.
However, despite receipt of the said subpoena, the medico
legal officer failed to appear. He did not appear without any
justifiable reason at all. The said prosecutor move again for
the issuance of another subpoena, a second subpoena.
Again, despite the receipt, the medico legal officer failed to
appear in court and testified and failed to give the copy of
the medico legal certificate. What crime if any has the said
medico legal officer has committed?
A: He is liable for Refusal of Assistance under
Article 233. It is committed by a public offcer that despite
demands of the public authority shall fail to lend his
cooperation toward the administration of justice or any
other public service. Thereby, causing damage serious or
not, to public interest.
NOTE: If the damage is serious, the penalty is QUALIFIED.
ARTICLE 234 REFUSAL TO DISCHARGE ELECTIVE
OFFICE
ELEMENTS:
1. Offender is elected by popular election to a public
office
2. He refuses to be sworn in or to discharge the duties of
the said office
3. There is no legal motive for such refusal to be sworn in
or to discharge the duties of said office
This is a crime which cannot be committed in
Philippine Jurisdiction. Refusal to discharge public duties is
committed by any person entitled to a public office by
means of popular election, refuses to assume to assume
the powers and duties of his office. He refuses to be sworn
in. This will not happen in our lifetime. This will never
happen in the Philippine Jurisdiction because here, even if
he did not win in the election, he wanted to hold office.
ARTICLE 235 MALTREATMENT OF PRISONERS
ELEMENTS:
1. Offender is a public officer or employee
2. He has under his charge a prisoner or detention
prisoner
3. He maltreats such prisoner either of the following
manners:
a.
By overdoing himself in the correction or
handling of a prisoner or detention prisoner
under his charge either:
i. By the imposition of punishments not
authorized by the rules and regulations
ii. By inflicting such punishments (those
authorized) in a cruel or humiliating
manner
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Atty. V. Garcia
Maltreatment of Prisoners because he is a
prisoner who was maltreated in order to extort a
confession and Serious physical injuries because
by reason of the injury inflicted, he lost an eye.
Q: Are you going to complex them? because a single act
constitute a grave and less grave felony, are you going to
complex them under Art. 48?
A: No. You cannot complex them. Because under
Article 235, it is expressly provided that the liability for
maltreatment of prisoners shall be in addition to the
liability for any other physical injuries or damage
caused. Therefore two crimes will be charged against
the police officer.
ILLUSTRATION:
Q: What if A has just withdrew his money from her ATM
account, she placed the money inside her bag and she was
already walking towards home when suddenly here comes
X. X snatched the handbag with the money. A police officer
passing by saw the incident and on boarded their mobile
patrol. They were able to arrest the man, took the bag and
returned it to the said victim. Thereafter, they placed X
inside the mobile patrol. While inside, they kicked, mauled
the man. And so, the man suffered less serious physical
injuries. What crime is committed by the said police
officers?
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Atty. V. Garcia
3.
4.
Page 85
TITLE EIGHT
CRIMES AGAINST PERSONS (ARTICLES 246 266-A)
ART 246 PARRICIDE
ELEMENTS:
1. That a person is killed
2. That the deceased is killed by the accused
3. That the deceased is the father, mother, or child,
whether legitimate or illegitimate, or a legitimate
other ascendant, or legitimate other descendant, or
legitimate spouse of the accused
Parricide is committed when a person kills his father,
mother, child, whether legitimate or illegitimate,
legitimate
other
ascendant,
legitimate
other
descendant, or legitimate spouse. Therefore the
offended party or deceased or the victim is specified,
he must be the father, mother, child whether legitimate
or illegitimate, legitimate other ascendant, legitimate
other descendant, or legitimate spouse.
Parricide is a crime based on relationship.
What kind of relationship?
First, it must be a legitimate relationship
except in the case of parent and child.
Second, the said relationship must be in the
direct line
Third, the relationship must be by blood
(grandfather killed a grandson, a mother
killing a son, a son killing a father)
Q: So a father killed an illegitimate son. What crime is
committed?
A: It is parricide. Although the crime is based on
legitimate relationship, the exception is in case of
children, whether legitimate or illegitimate.
Q: A brother killed another brother. Is the crime committed
parricide?
Atty. V. Garcia
A: No, the crime committed is murder or
homicide, as the case may be and not
parricide because the relationship between a
brother and another brother is in the collateral line
and not in the direct line.
Q: What if a stepfather killed his stepson?
A: The stepfather is not liable for parricide. It
can either be murder or homicide, as the case
may be, because their relationship is not based on
blood.
Again, the relationship must be
legitimate, in the direct line and by
blood.
Page 86
2.
3.
FIRST REQUISITE/ELEMENT:
Under the first element, it is required that the
legally married spouse surprises the other spouse
while in the actual act of sexual intercourse with
another person. So note the surprising must be
in the actual act of sexual intercourse and NOT
before, NOT after.
If you will read the book of Reyes, Justice Laurel,
naghinanakitsya. Sabinya, Why? Why should it
be in the actual act of sexual intercourse, you
already saw your spouse with another man, why
wait for the sexual intercourse? You know it will
happen, why wait for it for Article 247? This is
what Justice Laurel said. But the Supreme Court
said no, the surprising must be in the act of sexual
intercourse with another person. Not before, not
after, not during the preliminaries.
SECOND REQUISITE/ELEMENT:
The second element requires that the said
legally married spouse kills any or both of them
or he inflicts serious physical injuries upon any or
both of them. Again, while in the act of sexual
intercourse or immediately thereafter. There is
no question as to the actual act of sexual
intercourse but what about immediately
thereafter?
What does the phrase immediately thereafter
mean?
The Supreme Court said, immediately
thereafter means there must not be lapse of
time between the surprising and the killing or
infliction of serious physical injuries.
Therefore the surprising and the killing or
infliction of serious physical injuries must be a
continuing process.
Q: What if the husband arrived home and the wife arrived
home from the market. She was about to go the kitchen
when suddenly, she heard voices in the masters bedroom
and so she opened the said masters bedroom and saw her
legal husband in actual sexual intercourse with another
person. Notice that the law says, other person which
means it could be a man or a woman. Upon seeing that,
the wife who still has a knife in the basket, immediately
went towards the husband and stabbed him. The woman
fled. The husband died. Of what crime would you prosecute
the said wife? The wife is liable for parricide under Article
246 for having killed her husband. If you are the counsel of
the said wife, what defense would you put up in order to
free your client from criminal liability?
Atty. V. Garcia
A: Article 247 or Death under exceptional
circumstances. The Supreme Court said that
Article 247 is not a felony. Article 247 is a
privilege, in fact is it a defense. If Article 247 is
invoked, the accused is free from criminal liability.
It is an absolutory cause, an exempting
circumstance. The Supreme Court said that the
penalty stated therein, destierro, is not really a
penalty on the legally married spouse who killed
the other spouse. It is not a penalty but it is more
of a guard, a privilege for him so that he may be
free from any retaliation of any of the family of the
victim. So destierro here is not really a penalty.
Again, Article 247 is not a felony. It is a defense, a
privilege; it is an exempting circumstance or an
absolutory cause.
PEOPLE v. ABARCA
In this case, there was this student reviewing for the
bar. There were already rumors that his wife was having an
affair. So one time, he went home unannounced. Upon his
arrival, he saw his wife in sexual intercourse with another
man. The man jumped out the window. The husband
wanted to kill the man but he had no weapon at the time.
The man went away. It took the husband an hour before he
was able to find a weapon and upon finding a weapon, he
went directly to the whereabouts of the man, the lover of
the wife and killed the man. It took him one hour. The killing
took place an hour, not in the actual sexual intercourse, but
is it immediately thereafter? Despite the fact that one hour
had lapsed, would it be within the meaning of immediately
thereafter?
The Supreme Court, in this special case, said yes.
According to Supreme Court, when the law uses the
phrase immediately thereafter; that the killing or the
infliction of serious physical injuries must take place
immediately thereafter, the law did not say that the killing
must be done instantly. According to the Supreme Court, it
suffices that the proximate cause for the said killing is the
said pain and the look on the said husband upon chancing
his wife in the basest act of infidelity. This is an exceptional
case.
Why an exceptional case?
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Atty. V. Garcia
circumstances but as mere generic aggravating
circumstances.
ART 249 HOMICIDE
ELEMENTS:
1. That a person was killed
2. That the accused killed him without any justifying
circumstance
3. That the accused had the intention to kill, which is
presumed
4. That the killing was not attended by any of the
qualifying circumstances of murder, or by that of
parricide or infanticide.
When a person kills another person, and it is not
attended by any qualifying circumstance under Article
248, the killing is considered as Homicide under Article
249.
ART 250 PENALTY FOR FRUSTRATED
ATTEMPTED PARRICIDE, MURDER OR HOMICIDE
OR
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Atty. V. Garcia
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Atty. V. Garcia
the child by herself and so she asked a favor from a friend.
And so the friend arrived and both the mother and the said
friend killed the child, a day old, by suffocating the said
child with a big pillow. The child less than three days old,
died. What crime/s is/are committed?
A: The mother is liable for infanticide. The
said stranger friend is also liable for
infanticide. There was conspiracy on them. This
time conspiracy on life, both of them are liable for
infanticide under only one information. Isang
information langsa court and that is infanticide.
Both the mother and the friend are conspirators of
infanticide.
Now let us say that the mother is convicted. If the
mother is convicted, the penalty imposed by the law as
provided in Article 255 is equivalent to parricide which is
reclusion perpetua to death. On the other hand, if the
stranger is convicted under Article 255, the penalty to be
imposed is equivalent to murder therefore, also reclusion
perpetua to death. But note the charge is that he is guilty
of infanticide.
The fact that the said mother killed the child, less
than three days old, in order to conceal dishonorwill
mitigate the criminal liability of the mother. NOTE:The
penalty will be lowered not by one, but by two degrees,
from reclusion perpetua to death, the penalty of the mother
will only now become prision mayor.
Q: What if let us say that the killer of the less than three
day old child is the maternal grandparents. The
grandparents conspired in the killing in order to conceal the
dishonor of their daughter. What is the effect of the
concealment of the dishonor?
A: The concealment of the dishonor will also
mitigate the criminal liability of the maternal
grandparents that is one degree lower. So sa
mother, two degrees lower, from reclusion
perpetua to death magigingprision mayor. Sa
maternal grandparents one degree lower lang,
from reclusion perpetua to death it will now
become reclusion temporal.
Whatever it is,
concealment of dishonor is akin to a privilege
mitigating circumstance because the lowering of
the penalty is not merely by periods but by
degrees. So it is akin to a privilege mitigating
circumstance.
Q: So what if in the same problem I gave, the woman gave
birth to the child and wanted to kill the child but this time
the infant is already three days old and the child was killed
by the said mother and the friend. What are the crimes
committed?
A:
The mother is liable for
parricidewhile the stranger/friend is liable for
murder. And this time no amount of concealment
of dishonor will mitigate the criminal liability of the
mother. So there lies a difference between
parricide and infanticide if the offender is the
parent or the mother of the child.
JUST REMEMBER: If the child is less than three days old
or less than 72 hours, IT IS INFANTICIDE. It is the age
that controls. If the child is three days old and above,
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Atty. V. Garcia
beverage and the fetus died.
What crime/s is/are
committed?
A: In so far as the boyfriend is concerned, the
crime committed is intentional abortion under
Article 256. In so far as the said female student is
concerned, the crime committed is also intentional
abortion but it is under Article 258 Abortion
practiced by the woman herself or by her parents.
So, both of them are liable for intentional abortion.
Q: But what if despite the fact that the female student had
already taken or drank the abortive beverage still the fetus
survived? Malakasangkapitngbatasa maternal womb. What
crime is committed if any by the boyfriend and the
girlfriend? Is there a crime such as frustrated intentional
abortion?
A: YES. There is a crime such as frustrated
intentional abortion. Here, the said woman has
already taken the said abortive beverage. He has
already performed all the acts necessary to
consume the crime of abortion however, abortion
did not result because of causes independent of
their will.
Malakasangkapitngbatasa maternal
womb and so the baby survived. And so, they are
both liable for frustrated intentional abortion.
IS THERE A CRIME SUCH AS FRUSTRATED
UNINTENTIONAL ABORTION?
NO. This time there is no crime such as
frustrated unintentional abortion.
Because in
unintentional abortion, the intention is against the
woman and abortion only happens unintentional.
ILLUSTRATION:
Q: So lets say a man exerted physical violence against the
woman who happens to be his enemy. The said woman
was severely hurt however, the baby was not hurt. The
fetus inside the tummy did not die. What is the crime
committed by the said man?
A: Only serious physical Injuries against the
woman. No crimes against the fetus because there
was no intent in so far as the fetus is concerned.
Q: But what if in the said problem, the man inflicted
violence on the pregnant woman who happens to be his
enemy. Lets say he kicked and moved the said woman
severely and by reason thereof the pregnant woman was
1:44:17. What crime/s is/are committed?
A: The crime committed against the woman is
serious physical injuries. As against the fetus,
the crime committed is unintentional abortion.
Now, it resulted from one single act therefore it will
result to a complex crime of SERIOUS PHYSICAL
INJURIES WITH UNINTENTIONAL ABORTION
under ARTICLE 48 OF BOOK 1. It is a complex
crime. It is a single act resulting to two less grave
felonies.
Q: What if a husband arrived home at 5 oclock in the
morning. He saw his wife looking at the children and is
making breakfast. Suddenly the cellphone of the wife rang,
the pregnant wife answered the cellphone and she began
giggling. When she began giggling, the husband took the
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Atty. V. Garcia
3.) By scoffing at or decrying another publicly for
having refused to accept a challenge to fight a
duel.
Under Article 261, the persons criminally liable are both the
challenger and the instigator.
NOTE that if it is not a duel or there is no agreement to
combat or to fight, lets say there was no agreement
between A and B to fight and yet they fought and B died,
the crime committed is HOMICIDE because Article 260 and
261 only applies if there is an agreement to fight, to a duel
or a combat.
CRIMES OF PHYSICAL INJURIES:
ARTICLE 262 MUTILATION
Mutilation is the clipping off or chopping off of a
particular part of a body which is not susceptible to grow
again.
Two kinds of mutilation:
1.) By intentionally depriving another of a part of his
body which is an essential part for reproduction.
2.) By intentionally committing other mutilation that is,
by depriving him of any other part of his body with
intent to deprive him of such part of his body.
Under the first kind, that is mutilating an organ
essential for reproduction, is otherwise known as
CASTRATION. You will know that the penalty is even
higher than homicide. Killing a person is only punishable
by reclusion perpetua while castrating a person is
punishable by reclusion temporal to reclusion perpetua.
Because if you are castrated it is as if you are already
killed. Thats why it has a higher penalty.
Mutilation is a felony which cannot be committed
out of imprudence or negligence. Because the
law requires that there must be the deliberate
intent to mutilate, the deliberate intent to clip off, to
severe a particular part of the body of a person.
Absent that deliberate intent, any person who
loses a part of his body, it can only be serious
physical injuries but not mutilation. So in mutilation
it is always committed with deliberate intent or
dolo to mutilate. Absent that, it is serious physical
injury.
ILLUSTRATION
Q: Lets say A and B were engaged in a fight, they were
both fighting and A was losing and so he took out his bolo.
His intention was to cut the body of B in order to defeat him
however, B tried to prevent him and placed his hand and by
reason thereof, the right hand of B was severed from his
body. Is the crime committed mutilation?
A: NO. It is not mutilation because there was no
deliberate intent to clip off or to severe the right
hand of B. His intention was to attack or to stab B
and in so doing, it resulted to the loss of an arm
therefore, the CRIME COMMITTED IS SERIOUS
PHYSICAL INJURIES. Physical injuries can either
be serious physical injuries, less serious physical
injuries or slight physical injuries.
PHYSICAL INJURIES is the act of wounding, beating or
assaulting another with no intent to kill. It also involves the
act of knowingly administering injurious beverages or
Page 92
Atty. V. Garcia
IMBECILITY is when a person is already advanced in age,
yet he has only the mind of a 2-7 year old child.
IMPOTENCY includes the inability to copulate or sterility.
BLINDNESS requires loss of vision of both eyes by reason
of the injury inflicted. Mere weakness in vision is not
contemplated.
Under the SECOND CATEGORY:
The offender loses the use of speech or the power to heal
or to smell, or looses an eye, a hand, a foot, an arm or a
leg.
So if it is only an eye which has been lost, it is
serious physical injury but under the Second
Category already. The penalty is lesser than that
of the First Category.
Under the THIRD CIRCUMSTANCE/CATEGORY:
1.
3.
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Atty. V. Garcia
10-30 days. So the requirement of medical attendance or
his incapacity to do his work for a period of 10-30 days, it
will bring about less serious physical injury.
INJURIOUS
ELEMENTS:
1. The offender inflicted serious physical injuries
upon another
2. It was done by knowingly administering to him any
injurious substances or beverages or by taking
advantage of his weakness of mind or cruelty
3. He had no intent to kill
3.
4.
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Atty. V. Garcia
Q: What if, so the law requires that the said act of carnal
knowledge must be with the use of force, threat, or
intimidation, a father raped his daughter. The daughter did
not put up a fight, the father did not use force, threat, or
intimidation in the said carnal knowledge of a daughter. Is
the crime committed rape?
A: Yes. The crime committed is rape. It is
INCESTUOUS RAPE. In case of incestuous rape,
it is the overpowering and overbearing moral
influence or moral ascendency of an ascendant
over a descendant which takes place of force,
threat, or intimidation. That is why in case of
inceuous rape, force, threat, or intimidation is not
indispensable; it is not necessary. Because it is
the overpowering and overbearing moral influence
or moral ascendency which a father has over his
daughter which takes place of force, threat or
intimidation.
Q: What if A and B are lovers and then suddenly B filed a
case against A because according to B, he was raped by
her boyfriend. In the course of the trial of the case, the
defense of the man was the so-called, sweetheart defense
theory. According to him, We are sweet lovers. Therefore
according to him, it is impossible for him to have raped her
because we are sweet lovers. Will said sweetheart defense
theory lie in his favor?
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Atty. V. Garcia
Page 96
Atty. V. Garcia
b) acts causing or attempting to cause the victim
to engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical
or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions
causing or likely to cause mental or emotional suffering of
the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and mental infidelity. It
includes causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member of the
family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to
pets or to unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to
make a woman financially dependent which includes, but is
not limited to the following:
1. withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73
of the Family Code;
2. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment
of the conjugal, community or property owned in
common;
3. destroying household property;
4. controlling the victims' own money or properties
or solely controlling the conjugal money or
properties.
Acts of Violence Against Women and Their Children.- The
crime of violence against women and their children is
committed through any of the following acts:
(a) Causing physical harm to the woman or her
child;
(b) Threatening to cause the woman or her child
physical harm;
(c) Attempting to cause the woman or her child
physical harm;
(d) Placing the woman or her child in fear of
imminent physical harm;
(e) Attempting to compel or compelling the woman
or her child to engage in conduct which the
woman or her child has the right to desist from or
desist from conduct which the woman or her child
has the right to engage in, or attempting to restrict
or restricting the woman's or her child's freedom of
movement or conduct by force or threat of force,
physical or other harm or threat of physical or
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Atty. V. Garcia
individuals in a business or social context is not a dating
relationship.
Q: The neighbor was aware of the beatings that the
husband has been doing to his wife so the neighbor who
was a witness to all these beatings filed a case against the
husband. Will the case prosper?
A: Yes because under sec. 25, Violation Against
Women and Children (VAWC) is a public
offense.
Q: When does the crime prescribe?
A: If it involves physical abuse; it shall prescribe
after 20 years. If it involves psychological, sexual,
and economical abuse; it shall prescribe in 10
years.
Q: Lets say the wife filed a case against the husband for
violation of RA 9262; during the presentation of evidence
by the defense, the husband testified that he was always
drunk. He was alcoholic. Thats why he lost temper and
beats the wife. Will such defense mitigate the criminally
guilty husband? Can he use such defense?
A: Under Sec. 27 it cannot be used because
under Sec. 27; the fact that the husband is under
the influence of alcohol, any illicit drug, or any
other mind-alteringsubstance cannot be used as
defense in VAWC therefore; alcoholism and drug
addiction cannot be a defense in VAWC.
Battered Women Syndrome (Sec. 26)
Scientifically defined pattern of psychological
and behavioral symptoms found in the
battering relationship as a result of cumulative
abuse.
Q: What is hazing?
A: Hazing is an initiation rite or practice which is
used as an admission into membership in any
fraternity or any other organization wherein the
said recruit/neophyte/applicant is placed under the
an embarrassing or humiliating situations such as
forcing him to do menial, silly, and foolish tasks or
services or subjecting him into psychological or
physical injury or crime.
Q: Is hazing totally prohibited in the Philippines?
A: No. Hazing is not totally prohibited in the
Philippines. Hazing is allowed provided that the
following requisites are present:
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2.
Atty. V. Garcia
said: I have no intention to commit so grave a wrong as
that committed. Can such defense be used so as to
mitigate his criminal liability?
A: No such defense is prohibited defense. Under
RA 8049; the defense that such person has no
intention to commit so grave a wrong as that
committed cannot be used by an accused under
RA 8049.
Whenever
a
person
hits
an
applicant/neophyte, he is already performing a
felonious act therefore he shall be held
criminally liable for all the consequences of his
actions. (Art 4 book 1)
In the case of Lenny Villa Hazing; Sereno et.
al. considered Art. 4 wherein they ruled
Reckless Imprudence resulting to homicide.
o (I disagree) In Reckless imprudence,
the said person must be performing an
act which is not felonious but by
reason of negligence or imprudence, a
felony resulted. Therefore, in the case
of Lenny Villa, the ruling shall be
homicide, it shall not be reckless
imprudence.
Page 99
Atty. V. Garcia
1.
2.
Page 100
Atty. V. Garcia
2.
LIBERTY
AND
3.
4.
Page 101
Atty. V. Garcia
Q: What if in the same problem; the father learned
about the said kidnapping so the father informed the
NBI agents. The NBI agents were able to track down
the place where the said child was being hidden so the
NBI agents together with the said father went to the
hideout. There was an exchange of gun fires between
A (the kidnapper) and the NBI agents. While there was
an exchange of gun fires, the father saw his child so
the father rushed towards the son, carry the son and
they were able to leave the said hideout. While they
were leaving, A the kidnapper saw them and A the
kidnapper shot the father. What crime/s is/are
committed?
A: In so far as the minor is concerned;
the crime committed is Kidnapping and
serious illegal detention even if it did
not last for a period of more than 3 days,
the fact that the offended party is a
minor, it is already kidnapping and
serious illegal detention.
Kidnapping
and
Serious
Illegal
Detention with Homicide.
This is a special complex crime.
Therefore, since it is a special
complex crime; regardless of
the number of victims killed; it is
still kidnapping and serious
illegal detention with homicide.
3.
Kidnapping
and
Serious
Detention with Rape.
4.
Illegal
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Atty. V. Garcia
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Atty. V. Garcia
5 yr old child has been given definitely to the mother.
However the father has been given visiting rights. One
Sunday, the father visited the 5 yr old son and the son
was brought out by the father. Usually, whenever the
father takes his son out; he will return the child by night
time. However this time, the father did not bring back
the child to the house of the mother and so the mother
demanded the return of her son but the father still
failed to return their child therefore the mother filed a
case of Kidnapping and failure to return a minor under
Art 270 against the father. Will the case prosper?
A: Yes the case will prosper. Under Art
271 it is provided that Art 270 and 271
can also be committed not only by
strangers but also by the father or the
mother. The only difference is that under
Art 270; if the offender is any other
person the penalty is reclusion perpetua.
But if the offender is the father or the
mother, note that the penalty is so low;
only arresto mayor or a fine of not more
than P300 or both fine and penalty
depending upon the discretion of the
court therefore, even the father or the
mother can be held liable under Articles
270 and 271. The only difference is their
respective penalties.
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Atty. V. Garcia
ART
274
SERVICES
RENDERED
UNDER
COMPULSION IN PAYMENT OF DEBT
ELEMENTS:
1. Offender compels a debtor to work for
him, either as household servant or farm
laborer.
2. It is against the debtors will.
3. The purpose is to require or enforce the
payment of a debt.
3.
Uninhabited place
One wherein theres a remote possibility for the
victim to receive some help.
Q: What if in the same problem, A found B in a
forest? So A went hunting in a forest when he
suddenly saw B in the middle of the forest. There
was this big trunk of tree on the neck of B and he
cannot move. He was begging for the help of A. A
however left. Later, B was rescued. Can he file a
case in violation of Art 275 against A?
A: Yes because B was found by A in an
uninhabited place and he was wounded
and in danger of dying because theres a
big trunk of tree on his neck and theres
Page 105
Indifference of parents
It is committed by: any parent
who neglects any of his children
by not giving them the education
which their station in life requires
and financial capability permits.
Atty. V. Garcia
any person entrusted in any of the callings
mentioned in paragraph 2 or to
accompany any habitual vagrant or
beggar, the offender being any person.
Page 106
TRESSPASS TO
DWELLING
TRESSPASS TO
PROPERTY
Prohibition to enter
can either be
expressed or implied.
Entry was made
against the will of the
owner or the
possessor of the said
dwelling.
Prohibition to enter
must be manifest.
Entry was made without
securing the permission
from the owner or the
care taker of the said
property.
Atty. V. Garcia
THREE KINDS OF THREATS:
1. Grave threats
2. Light threats
3. Other light threats
DISTINCTION: GRAVE, LIGHT, OTHER LIGHT
THREATS
GRAVE
LIGHT
OTHER LIGHT
THREATS
THREATS
THREATS
The threat is The threat does Committed
by
always & always not amount to a threatening another
amounting
to crime.
It
is with a weapon or
and constituting always
and draw such weapon
a crime. It may always subject in a quarrel, unless
or may not be to a demand of it be in lawful selfsubject
to money or the defense; or orally
demand
of imposition
of threatening, in the
money
or any
other heat
of
anger,
imposition
of condition, even another with some
other conditions. though
not harm
not
The
offender unlawful.
constituting a crime,
may or may not
and
who
by
attain
his
subsequent
acts
purpose.
show that he did not
persist in the idea
involved
in
his
threat; or
orally
threatening to do
any
harm
not
constituting a felony.
ARTICLE 282 GRAVE THREATS
PUNISHABLE ACTS:
1. Threatening another with the infliction upon his
person, honor or property or that of his family of
any wrong amounting to a crime and demanding
money or imposing any other condition even
though not unlawful, and the offender attained his
purpose.
2. By making such threat with the infliction upon his
person, honor or property or that of his family of
any wrong amounting to a crime and demanding
money or imposing any other condition even
though not unlawful and without the offender
attaining his purpose. (Elements for this act are
the same with the first except that the purpose is
not attained.)
3. By threatening another with the infliction upon his
person, honor or infliction upon his person, honor
or property or that of his family of any wrong
amounting to a crime, the threat not being subject
to any demand of money or imposition of any
condition.
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Atty. V. Garcia
quarrel, unless it be in lawful self-defense or it can
be done by orally threatening another with a harm
amounting to a crime in the heat of anger. So it is
necessary that the offender is in the heat of anger
or he threatens another with a harm amounting to
a crime. But he did not pursue with the idea
involved in his threat. And the last one is by orally
threatening another which does not constitute a
crime.
Q: So what if A went to the store and then from the said
store he learned that had been spreading negative rumors
against him. And so A was so mad, he was so angry that
he went to the house of B and he called on B: B get out of
the house! I will kill you! I will kill you! Get out of the house
B! But B did not get out of the house. Instead, it was the
son of B who came out of the house and said: What do
you want with my father? A angrily said that, You let your
father come out or I will kill him because he has been
spreading negative rumors about me. The son went inside
the house and did not come back. The father also did not
come out of the house. And so later, A just left the house.
What crime is committed by A? Is it grave threats, light
threats or is it other light threats?
A: The crime committed is under Article 285
OTHER LIGHT THREATS. Orally, in the heat of
anger, he threatened another with a harm
constituting a crime, but he did not pursue with the
idea in his threat. It is only other light threats.
Q: What if, let us say, A saw that B has a new car. It was a
luxury car. He knew that it was smuggled and so he told B:
B, if you will not give me P500,000, I will call the Bureau of
Customs, I will tell Comissioner Biazon right now that your
car is smuggled. What crime if any is committed by A
against B?
A: It is LIGHT THREATS. He threatened to
commit a wrong which does not constitute a crime.
It is not a crime to inform the Bureau of Customs
that the car was smuggled and it is subject to a
demand of money and the imposition of any other
condition even though not unlawful.
Q: What if A, who is the creditor of B, was inside the house
of B. He was asking B to pay his indebtedness. B said:
Get out of my house. If I still see you in the afternoon
when I get back inside my house and if you are still here, I
will kill you. What crime is committed?
A: In this instance where B told A : Get out of my
house. If I still see you in the afternoon when I get
back inside my house and if you are still here, I
will kill you. The crime committed is GRAVE
THREATS. There is a promise of a future wrong
to be committed in the afternoon if A is still there in
the house.
Q: What if in the same problem, A was asking B to pay his
indebtedness. B said: Get out of my house! Otherwise, I
will kill you. What crime is committed?
A: The crime committed is GRAVE COERCION.
The threat is present, direct, personal, immediate
and imminent. Not in the future, but now direct,
personal and immediate.
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Q: So how would you distinguish threat vs. coercion?
THREAT
COERCION
The wrong threatened to be
The wrong threatened to be
committed is direct,
committed is in the future
personal, immediate and
imminent
Cannot be committed in
May be committed in writing
writing or through internet
or through an internet
chatting because it is always
chatting
personal and immediate
It is violence or intimidation
The essence of threat is
amounting serious enough
intimidation
to amount to violence
ARTICLE 287 LIGHT COERCION
It is committed by a creditor who shall seize anything
belonging to his debtor by means of violence or intimidation
in order to apply the same to the indebtedness.
There is one form of light coercion under Article 287, that
is UNJUST VEXATION. It is a form of light coercion.
UNJUST VEXATION refers to any human conduct, which
although not capable of producing any material harm or
injury, annoys, vexes or irritates an innocent person.
Example in Book I: a person walking and hit with a lead
pipe on the head.
CASE OF BALEROS, JR.:
There was a UST medical student. There was a
cloth soaked with chemical pressed on her face.
So there was this man, she was awakened with a
man on top of her placing a cloth soaked with
chemical pressed on her face. The charge was
attempted rape. Supreme Court said it was just
UNJUST VEXATION nang-iinis lang daw yung
lalaking yun. So, Supreme Court said it is a
human conduct which annoys or vexes the said
female medical student.
Art.
288
OTHER
SIMILAR
COERCIONS;
(COMPULSORY PURCHASE OF MERCHANDISE AND
PAYMENT OF WAGES BY MEANS OF TOKENS)
Other light coercion is committed by forcing or compelling
directly or indirectly or knowingly permitting the forcing or
compelling any employee or laborer to buy merchandise or
commodities from the said employer. And lastly, by paying
the wages due to the laborer or employees by any tokens
or object other than the legal tender currency of the
Philippines unless to be requested by the said employee or
laborer.
So it is more on LABOR other light coercion.
Q: What if a person, A threatened to kill B. and so B filed a
case of grave threats against A. The case was filed before
the court. Upon the filing of the court, what bail, if any,
should the court impose on A in order to insure that A will
not make good the said threat?
A: Under Article 284, we have BOND FOR
GOOD BEHAVIOR. Bond for good behavior is a
bail which is required by the court to be posted by
any accused only in the crimes of grave threats
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Atty. V. Garcia
2.)
3.)
4.)
REVELATION OF SECRETS:
ARTICLE 290 DISCOVERING SECRETS THROUGH
SEIZURE OF CORRESPONDENCE
We have seizure of correspondence in order to discover
the secrets of another.
This is committed by any person who shall seize any
correspondence of another in order to discover the secret
of any person.
NOTE: In case of seizure of correspondence in order to
discover the secrets of another, DAMAGE is not element.
Likewise, REVELATION is not an element.
The mere act of seizing the correspondence of another
with the intention to discover the secrets, the crime is
already consummated. It is not necessary that the secret
be revealed, it is not necessary that there be damage on
the part of the offended party.
ARTICLE 291 REVEALING SECRETS WITH THE
ABUSE OF OFFICE
This is committed by a manager or by an employee or by a
servant who reveals the secrets of his principal or master
learned by him in such capacity.
It is the REVELATION OF SECRETS which will
consummate the crime, not merely discovery but
revelation of the said secrets. Again, damage is not an
element. It is not necessary that the offended party be
prejudiced or damaged.
ARTICLE 292 REVELATION OF INDUSTRIAL
SECRETS
This is committed by any person in charge, employee or
workman of a manufacturing or industrial establishment
who shall learn and discover the secrets of the industry and
shall reveal the same to the prejudice of the owner thereof.
In case of revelation of industrial secrets, mere revelation
of those secrets will not suffice. There must be
DAMAGE OR PREJUDICE CAUSED TO THE
OFFENDED PARTY.
The law requires to the prejudice of the owner thereof.
5.)
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Atty. V. Garcia
of speech or the power to hear or to smell, or the
loss of an eye, a hand, foot, an arm, or a leg or
the loss of the use of any such member or
incapacity to go to work in which the injured
person is thereto habitually engaged is inflicted.
5.) If violence or intimidation employed in the
commission of the robbery is carried to a degree
clearly unnecessary for the commission of the
crime
6.) When in the course of its execution, the offender
shall have inflicted upon any person not
responsible for the commission of the robbery any
of the physical injuries in consequence of which
the person injured becomes deformed or loses
any other member of his body or loses the use
thereof or becomes ill or incapacitated for the
performance of the work in which he is habitually
engaged for more than 90 days or the person
injured becomes ill or incapacitated for labor for
more than 30 days
7.) If violence employed by the offender does not
cause any of the serious physical injuries defined
in Article 263, or if the offender employs
intimidation only.
In other words, we have robbery with homicide, robbery
with rape, robbery with intentional mutilation, robbery with
arson, robbery with serious physical injuries, robbery with
unnecessary violence and lastly, simple robbery.
Robbery with Homicide
Robbery with homicide is a special complex crime or a
composite crime or a single indivisible offense. In reality
two or more crimes have been committed, the robbery and
the homicide yet, in the eyes of the law only one crime, a
single indivisible offense of robbery with homicide.
Q: When should the killing or the homicide take place?
A: In case of robbery with homicide, for as long as
the original intent of the offender, for as long original
criminal design is to commit robbery or to rob, the killing
may take place before, during or after the said robbery
provided, that the original intent/ original criminal design is
to commit robbery or to rob.
Since it is a special complex crime, regardless of
the number of the persons killed there is only a single
indivisible offense of robbery with homicide. Even if the
killing is an unintentional killing or accidental killing still, it is
a single indivisible offense of robbery with homicide. Even if
the victim of the said robbery is different from the victim of
the killing, it is still robbery with homicide. There lies the
difference between Article 294 and Article 267.
In
kidnapping and serious illegal detention with homicide, the
victim of the kidnapping and serious illegal detention must
be the victim in the said killing to amount to kidnapping and
serious illegal detention. But in case of robbery with
homicide, regardless of who the offended party may be,
whether the offended party in robbery is different from the
offended party in the killing it is still robbery with homicide.
Q: So let us say, A entered the house of B in order to
commit robbery. He took the valuables therein and after
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Atty. V. Garcia
from being killed. A and B went directly to X and Y and
killed them both. And thereafter, A and B took the winnings.
Based on the circumstances or facts the fiscal filed the
following cases before the RTC, robbery, double murder,
and attempted murder, robbery because of the taking of the
winnings, double murder for the death of X and Y and
attempted murder as to the police officer who dove into the
canal. What is the ruling of the RTC? It said wrong ka
fiscal! The crime is robbery with double homicide and
attempted murder. Then it went to appeal on the Court of
Appeals, sabiniya wrong fiscal! Wrong ka din RTC! The
crime committed is robbery with homicide and attempted
murder. Then it went up to the Supreme Court. Sc said,
malika fiscal! Mali ka RTC! Mali kadn CA! Mali kayo lahat!
The only crime committed is the single indivisible crime of
robbery with homicide. Because all the acts are considered
absorbed in the crime of robbery with homicide despite the
fact that two persons were killed, despite the fact that one
person was greatly injured, all these circumstances are
merged into a composite integrated whole that is single
indivisible offense of robbery with homicide.
Robbery with rape
Just like robbery with homicide, is also a special
complex crime or a single indivisible offense. So, for as
long as the intention of the offender is to commit robbery,
rape may be committed before, during or after the
commission of robbery. Since it is a special complex crime,
regardless of the number of times the victim was raped, the
crime committed is only robbery with rape. There is no such
crime as robbery with multiple rapes. There is only robbery
with rape.
Q: So a woman was walking on her way home and
because it was pay day here comes X. X dragged the
woman in a dark place and took the bag and took the
money inside it. And then he found the woman attractive so
he raped the woman not once but twice. What crime/s is
committed?
A: X committed the crime of robbery with rape
regardless of the times the woman was raped.
CASE OF PEOPLE vs SUYU
Two persons, boyfriend and girlfriend, they were
having snack and saw the shadow of 3 men. And these 3
men were pushing the truck trying to open the door. They
took their valuables and the boyfriend hurriedly left the
girlfriend allegedly to ask help to the police. And so the
girlfriend was alone with the three men and they dragged
her into a nipa hut and there she was raped by the
mastermind, Suyu. Not only she was raped by Suyu but
also Cainglet while, the other two was outside serving as
lookouts. So the said woman, Clarissa, was raped by two
persons and she was raped three times. Suyu and Cainglet
raped her by carnal knowledge. Not only that, Cainglet also
inserted two fingers to her genitals therefore, he also
committed rape by sexual assault. What crimes are
committed by the 4 persons? What crime/s they should be
criminally liable of?
Supreme Court said, they are all liable for the
single indivisible offense of Robbery with Rape.
Regardless of the fact that two persons raped the victim,
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Atty. V. Garcia
ROBBERY
THINGS
WITH USE
OF FORCE
UPON
Page 113
NOTE:
Under the first act, the essence of the crime is in
the unlawful entry; it is the act of trespassing and
also the taking of the property of another.
Example
A, in order to rob the house made an opening in the roof,
sufficient for him to enter. So he used a rope in going
down and thereafter he took the valuables and then left.
What crime is committed?
Robbery by use of force upon things. A made an
opening and he was able to enter fully.
What if he made an entry, let down a rope with a hook
and used it in taking the valuable.
The crime committed only is theft with aggravating
circumstance of the breaking of the roof. His body
did not enter the premises.
2)
NOTE:
The second act is when the offender was able to
enter without unlawful entry or was an insider and
once inside, breaks the doors, wardrobes, chest,
receptacles, and thereafter took the personal
properties inside the house.
Atty. V. Garcia
Example
A and B are brothers, living in the same house and in the
same room but have different cabinets where each of the
cabinets have locks. One time brother A was in need of
money and wanted to borrow money from brother B, but
brother B was out of the house. So what brother A did
was that he forcibly opened the cabinet of brother B and
took the expensive jewelries of brother B and
appropriated the jewelry? What are the crimes
committed? Is Brother A only liable civilly?
A is guilty of robbery with use of force upon things.
He is an insider, and he used force to break open
the cabinet of B. He did not commit theft. Since
the crime committed is robbery, brother A is
criminally liable and civilly liable. Because under
Article 332, it is only on cases of theft, swindling,
estafa, and malicious mischief, wherein theres no
criminal liability but only civil liability in case of
relatives living together.
In the same problem, what if A was in need of money, he
saw the expensive watch of B on top of the table and
sold the watch. What crime was committed?
A committed the crime of theft since there is no
breaking or forcibly opening the receptacle. Under
Art 332, he is only liable for civil liability. They are
free from criminal liability.
Art. 332. Persons exempt from
criminal liability. No criminal, but
only civil liability, shall result from the
commission of the crime of theft,
swindling
or
malicious
mischief
committed or caused mutually by the
following persons:
1.
Spouses,
ascendants
and
descendants, or relatives by affinity
in the same line.
2. The widowed spouse with respect
to the property which belonged to
the deceased spouse before the
same shall have passed into the
possession of another; and
3. Brothers and sisters and brothersin-law and sisters-in-law, if living
together.
The exemption established by this article
shall not be applicable to strangers
participating in the commission of the
crime.
Since it refers to simple crimes, if the crime committed is
estafa through falsification of public document, there will
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Atty. V. Garcia
A went to the house of B. A told B this is a hold up and
bring out the valuables. Instead of bringing the valuables
to A, B panicked and shouted. A therefore shot B. B died.
A also panicked and left the place without bringing his
loot. What is/are the crime/s committed?
The crime committed by A is attempted robbery
with homicide. This is also a special complex
crime. Here robbery was attempted because he
was unable to take any of the property. The fact
that A was able to announce hold-up and bring the
valuables to him means that the original design is
to commit robbery. It was attempted because he
was unable to take the property, and in the course
of thereof, he killed the owner.
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Atty. V. Garcia
Chapter Three
THEFT
PD 532
No requisite as to the # of
perpetrators of the crime
Even a single person can
commit
the
crime
of
brigandage
There must be an actual
commission of the crime or
no crime will arise
There is no preconceived
victim. It is committed
indiscriminately
on
any
person passing on the
highway as long as it is
committed in a Philippine
highway.
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Atty. V. Garcia
Example:
A was driving his car and suddenly felt the need to
answer the call of nature so he parked his vehicle.
Suddenly, there was X and saw A was out of the car, and
the door of the car was open and the key was left inside
the car. X drove away with the car. What is the crime
committed?
The crime committed is carnapping. Even if there
is no violence or intimidation against person or
force upon things, so long as said taking is without
the consent of the owner, it will amount to
carnapping.
Under Sec. 14, the penalty if there no violence or
intimidation against persons or use of force on
things, the penalty is 14 years and 8 months to 17
years and 4 months.
In the given situation, what if A saw X and there was a
fight that ensued between them. X shot A, and X was
able to take the vehicle. A however survived due to
immediate medical treatment. What is/are the crimes
committed by X?
The crime committed by X is only carnapping. The
fact that X shot A, where there is frustrated
homicide, it falls under violence or intimidation
which was used by the offender in committing the
crime. Since there is violence, the penalty is 17
years and 4 months to 30 years.
If again, in the same problem, A tried to stop X and X
shot A. A died. What is the crime committed?
The fact that the owner is killed or raped as a
consequence, the penalty is reclusion perpetua to
death. It will bring about a higher penalty, but
not as a special complex crime because it is a
Special Penal Law. Though it is akin to a special
complex crime, the killing is absorbed. The crime
is carnapping. It is also not a bailable offense.
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Atty. V. Garcia
the course of the argument, A and B killed the guard.
What is/are the crimes committed?
The crime committed is only occupation of real
property. The killing is only a means to occupy the
real property. It falls under violence against or
intimidation of persons in occupying the real
property.
In the same problem A and B put up their house in the
vacant property. The owner learned this and went to A
and Bs house. However, A and B killed the owner.
In this case, two crimes are committed. The killing
took place after occupying the place. This time,
the crimes committed are occupation and
homicide or murder as the case maybe.
Art. 313. Altering boundaries or landmarks. Any
person who shall alter the boundary marks or monuments
of towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same, shall be
punished by arresto menor or a fine not exceeding 100
pesos, or both.
Chapter Five
CULPABLE INSOLVENCY
Art. 314. Fraudulent insolvency. Any person who shall
abscond with his property to the prejudice of his creditors,
shall suffer the penalty of prision mayor, if he be a
merchant and the penalty of prision correccional in its
maximum period to prision mayor in its medium period, if
he be not a merchant.
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Atty. V. Garcia
II.
III.
2.
I.
b)
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Atty. V. Garcia
A: The crime committed by the teller is only
Qualified Theft. It is not estafa because when A
gave the money to the teller to deposit to his bank
account, what has been transferred was only
material possession of the said money. It is not
the juridical possession taking into consideration
that the participation of the said teller is as that of
the bank, the teller being a mere employee of the
said bank. In fact, in case of deposits in bank, the
said client will not be able to get back the very
same money that he has deposited. Hence, the
crime committed by the teller is only qualified theft
but not estafa.
c)
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Atty. V. Garcia
II.
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Atty. V. Garcia
d) By postdating a check or issuing a check in
payment of an obligation when the offender
had no funds in the bank OR his funds
deposited therein were not sufficient to cover
the amount of the check.
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Atty. V. Garcia
III.
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success
in
Atty. V. Garcia
3. The drawer of the check failed to make
good of the check within 5 banking days.
the
II.
OF
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Atty. V. Garcia
SECTION 1 PENALTY
1.
2.
3.
4.
5.
6.
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Atty. V. Garcia
CHAPTER SEVEN CHATTEL MORTGAGE
Who is liable?
Any person who taking advantage of the
inexperience or emotions or feelings of a
minor, to his detriment, shall induce him to
assume any obligation or to give any release
or execute a transfer of any property right in
consideration of some loan of money, credit
or other personal property, whether the loan
clearly appears in the document or is shown
in any other form.
I.
Who is liable?
Any person who, for profit or gain, shall
interpret dreams, make forecasts, tell
fortunes, or take advantage of the credulity of
the public in any other similar manner.
If the offender commits any act of swindling, any act of
deprivati0n not punishable under Art. 315, 316 and
317, it is punishable under Art. 318 Other Deceits.
So any other form of deprivation would be under Art.
318 Other Deceits.
PLEDGE
OF
II.
OR
ACTS PUNISHABLE
SALE
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Atty. V. Garcia
ART. 320 DESTRUCTIVE ARSON
HOW IS DESTRUCTIVE ARSON COMMITTED?
1.
2.
3.
4.
5.
So what is Arson?
Arson is the malicious destruction of the property
by means of fire.
2.
2 KINDS OF ARSON:
1.
2.
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Atty. V. Garcia
PENALTY
FOR
SIMPLE
ARSON:
TEMPORAL TO RECLUSION PERPETUA
RECLUSION
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Atty. V. Garcia
It is a crime which can only be committed by means of
intent. There must be deliberate intent to cause damage to
the property of another, because if there is no intent to
cause damage in the property, the liability will be damages
only; civil liability and not criminal liability.
In order for a crime to be considered as malicious mischief,
it is necessary that there must be DELIBERATE INTENT to
cause damage to the property of another. Absent that
deliberate intent to damage, to injure the property of
another, it cannot be considered as malicious mischief. The
said offender will only be liable for damages for causing
damage to the property of another; civil liability and not
criminal liability. Or, if there was negligence, imprudence on
his part, it would be reckless imprudence or simple
negligence causing damage to property. But for malicious
mischief to arise, it is necessary that there must be
deliberate intent to damage the property of another, only for
the purpose of damaging it or for the purpose of invoking
revenge.
2.
3.
4.
Page 129
Who is liable?
Any person who shall destroy or damage statues
or any other useful or ornamental public
monument. (penalty of arresto mayor in its
medium period to prision correccional in its
minimum period)
If what has been damaged are only private
monuments or private paintings, it is only ordinary
malicious mischief.
Any person who shall destroy or damage any
useful or ornamental painting of a public nature
shall suffer the penalty of arresto menor or a fine
not exceeding 200 pesos, or both such fine and
imprisonment, in the discretion of the court.
Atty. V. Garcia
commission of the crime. This exempting circumstance
will not apply to strangers. If the strangers connived
with any the persons mentioned in Article 332, so in
that case, the stranger is liable, only the enumerated
persons is not criminally liable.
Based on jurisprudence:
The word SPOUSES include paramours and
mistresses, and other wives.
The word ASCENDANTS include step father and
step mother.
The word DESCENDANTS include step children,
adopted children and natural children.
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Atty. V. Garcia
TITLE ELEVEN
CRIMES AGAINST CHASTITY
(Articles 333 346)
Example:
A, the wife had sexual intercourse with B, the lover.
H, the husband can file a case for adultery against the
both of them. During trial of the merits, B was able to
prove beyond reasonable doubt that A represented
herself to be single and that B believed that she was
indeed single.
Offended party
Husband
Offender
Example:
ELEMENTS:
1.
That the woman is married
2.
She has sexual intercourse with a man who is not
her husband
3.
As regards the man whom she has sexual
intercourse, he must know her to be married
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Atty. V. Garcia
ELEMENTS:
1.
2.
3.
Offended party
Wife
2.
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3.
Atty. V. Garcia
Qualified Seduction
Simple Seduction
1.
4.
5.
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house servant
domestic
teacher
guardian
any person who has custody of the seduced
woman
Atty. V. Garcia
In case of simple seduction, the offended party must be a
WOMAN who is single or widow of good reputation, over
12 but must be under 18 years of age.
Offender any person
2.
Sister or Descendant
Brother or Ascendant
Offender: Man
Offended Party: Woman
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is
Atty. V. Garcia
The same penalty shall be imposed in every case, if the
female abducted be under twelve years of age.
Forcible Abduction- abduction, taking away, or carrying
away of a woman against her will and with lewd design.
Forcible Abduction
Consented Abduction
Q: In the same case, the Nena was inside the house of the
Pedro. Pedro tried to rape Nena, he attempted to rape,
however, Nena was able to put up a fight and Nena kicked
Pedro, as a result, she ran outside the house. What crime/s
is/are committed by Pedro?
A: 2 crimes are committed, Forcible Abduction and
Attempted Rape. BUT one charge can be filed which
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Offended party :
o
o
Atty. V. Garcia
WITH RAPE. Abduction was a necessary means in
order to commit rape.
Q: The girl was 15 and the boyfriend was 25. The said
boyfriend was able to take away the girl with her consent.
The parents of the girl filed a case. Per Maam, she was
able to handle a similar case where the girl was 16 and the
man was above 18. The parents of the girl do not like the
man so the lovers eloped and lived in the house of the
man. The mother filed a case of consented abduction.
During the P.I., the said girl loved the man and even if the
mother will take her away from the man, she will always
return to the man. Also, the woman has keys of the house
of the man. Per maam the man was not at fault because it
was always the woman who would go to the mans house.
So she dismissed the case.
In qualified seduction and consented abduction, acts of
lasciviousness in circumstances of seduction: INSTANCES
WHERE VIRGINITY IS AN ELEMENT
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CRIME
WHO MAY
FILE
Atty. V. Garcia
Adultery
Husband
Concubinage
Wife
Any person falling within the terms of this article, and any
other person guilty of corruption of minors for the benefit of
another, shall be punished by special disqualification from
filling the office of guardian.
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Atty. V. Garcia
8. professor
9. coach
10. trainor
11. any person who having authority, influence or
moral ascendancy over another person
shall demand, request or otherwise requires sexual
favor from the other, regardless if whether the sexual
favor is accepted by the offended party.
2.
3.
IN
WORK
RELATED
ENVIRONMENT,
SEXUAL
COMMITTED WHEN:
1.
2.
3.
OR
EMPLOYMENT
HARASSMENT
IS
3.
4.
PEOPLE v. JACUTIN
There was this nursing graduate who wanted to
apply for work and so she applied for work at the City
Health Office. She was interviewed, but before the
interview end, the City Health Officer told her to meet him
in a certain place. And so, the City Health Officer went to
the said place and picked up the girl and inside the car he
asked the girl to lower down her pants to see if there are
varicose veins. He said it was part of the Physical
Examination to lower her pants. However, the moment that
the City Health Officer inserted his hands inside the
genitalia of the girl, the said woman immediately pull up her
pants. Then, the said City Health Officer to put up her shirt.
The moment the girl put up her shirt, she thought it was still
part of the physical examination. The City Health Officer
fondled with her breast, and that was the moment that the
girl took her bag and left out of the said car. And so, the girl
wanted to file a case of violation of R.A 7877 against the
City Health Officer. It was a hard struggle for the girl, the
police came to the girl giving her money for the girl not to
pursue the case. All the relatives of the girl convinced her
not to file a case against the City Health Officer. So this is
the fight of the girl alone. She won
The SandiganBayan convicted the Officer. After, an
appeal to the Supreme Court, the Supreme Court convicted
the said Officer and impose upon him the maximum penalty
of 6 months imprisonment and a fine of P20,000 plus moral
damages in the amount of P30,000 and exemplary
damages in the amount of P20,000.
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II.
III.
IV.
Atty. V. Garcia
Q: What if the woman went to the mall, there was a need to
answer the call of nature, she went to the rest room. In the
rest room, she saw a camera inserted near and in between
the wall of the said cubicle. The janitor placed it there. Is
the Janitor liable under R.A 9995?
A: Yes, he is liable for R.A. 9995.
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Atty. V. Garcia
TITLE TWELVE
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
(Articles 347 352)
Simulation of birth
Simulation of birth- takes place when the woman
pretends to be pregnant when in fact she is not and on
the day of the delivery, takes the child of another as
her own.
3.
Q: What if this husband and wife and the child that they
have happens to be their 13th child. They already had 12
children and these children are not going to school. So their
13th child was born and they wrapped the child in a nice
towel, placed it inside a basket and then placed it at the
gate of the house of a rich family. Then they rang the bell.
What crime is committed by the husband and the wife?
A: Violation of Art. 347 Abandoning a legitimate
child with intent to lose its real civil status.
Obviously, the intent of the parents is for the child,
their 13th child to lose its real civil status of being that
of a poor family and assume a new civil status of
coming from a rich family because the child was left
at the gate and the parents rang the bell.
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Atty. V. Garcia
marriage has not yet been declared null and void by
the court, or her spouse is absent and he or she
contracts a second or subsequent marriage before
the court has declared that the said spouse is
presumptively dead
3.
4.
Sample problem:
A and B are married. B, the husband fell in love with
another woman, and married the woman thereafter. It is
now a bigamous married. A bigamous marriage is an
otherwise valid marriage, except for the fact that there is a
subsisting marriage.
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Atty. V. Garcia
contracted
without
the
2.
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Atty. V. Garcia
Q: What if A, in the same incident, using a microphone,
using an amplifier sound system, called B isa kang
estafadora. Is the crime committed libel or is it oral
defamation?
A: The crime committed is Oral Defamation or
Slander. The use of the microphone or the amplifier
is not within the means provided for Art. 355.
THIRD ELEMENT:
ELEMENTS:
1.
2.
3.
4.
SECOND ELEMENT:
to
Art.
354
2.
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Atty. V. Garcia
Q: If you will not give me P100,000, I will publish on the
magazine, on the newspaper, your love letters to the said
man who is not your husband. What crime is committed?
A: Crime committed is Threatening to Publish
a Libel, also a form of Blackmailing.
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Atty. V. Garcia
PADER v. PEOPLE
There was a drunk man who passed by the house
of a political candidate. Their families are enemies. A told
to the family of B, putang ina mo B, magnanakaw ka sa
bayan. So because of this, B filed a case of oral
defamation or slander.
ORAL DEFAMATION/SLANDER
1.
2.
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It must be defamatory
it must be malicious
It must be given publicly
The victim must be identifiable
Atty. V. Garcia
filed simultaneously or separately with the court of first
instance of the province or city where the libelous article is
printed and first published or where any of the offended
parties actually resides at the time of the commission of the
offense: Provided, however, That where one of the
offended parties is a public officer whose office is in the
City of Manila at the time of the commission of the offense,
the action shall be filed in the Court of First Instance of the
City of Manila, or of the city or province where the libelous
article is printed and first published, and in case such public
officer does not hold office in the City of Manila, the action
shall be filed in the Court of First Instance of the province
or city where he held office at the time of the commission of
the offense or where the libelous article is printed and first
published and in case one of the offended parties is a
private individual, the action shall be filed in the Court of
First Instance of the province or city where he actually
resides at the time of the commission of the offense or
where the libelous matter is printed and first published:
Provided, further, That the civil action shall be filed in the
same court where the criminal action is filed and vice
versa: Provided, furthermore, That the court where the
criminal action or civil action for damages is first filed, shall
acquire jurisdiction to the exclusion of other courts: And,
provided, finally, That this amendment shall not apply to
cases of written defamations, the civil and/or criminal
actions which have been filed in court at the time of the
effectivity of this law.
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Atty. V. Garcia
sachet of shabu in the pocket of B and then he told the
police that B has a shabu inside his pocket. What crime if
any is committed by A?
A: Crime committed is Sec. 29 of R.A. 9165,
planting of evidence. If what has been planted is
any dangerous drugs, the crime committed is
particular, Sec. 29 of R.A. 9165, because the special
penal law specifically punishes the planting of
dangerous drugs. If it is any other thing, a necklace
was lost and A planted it inside the bag of B, the
crime committed is incriminating innocent persons.
Common Example:
Isang chismis na hindi alam kung saan
nagsimula
o
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TITLE FOURTEEN
QUASI-OFFENSES
Sole Chapter CRIMINAL NEGLIGENCE
Art. 365 IMPRUDENCE AND NEGLIGENCE
Any person who, by reckless imprudence, shall commit
any act which, had it been intentional, would constitute a
grave felony, shall suffer the penalty of arresto mayor in its
maximum period to prision correccional in its medium
period; if it would have constituted a less grave felony, the
penalty of arresto mayor in its minimum and medium
periods shall be imposed; if it would have constituted a light
felony, the penalty of arresto menor in its maximum period
shall be imposed.
Any person who, by simple imprudence or negligence,
shall commit an act which would otherwise constitute a
grave felony, shall suffer the penalty of arresto mayor in its
medium and maximum periods; if it would have constituted
a less serious felony, the penalty of arresto mayor in its
minimum period shall be imposed.
When the execution of the act covered by this article shall
have only resulted in damage to the property of another,
the offender shall be punished by a fine ranging from an
amount equal to the value of said damages to three times
such value, but which shall in no case be less than twentyfive pesos.
A fine not exceeding two hundred pesos and censure shall
be imposed upon any person who, by simple imprudence
or negligence, shall cause some wrong which, if done
maliciously, would have constituted a light felony.
In the imposition of these penalties, the court shall exercise
their sound discretion, without regard to the rules
prescribed in Article sixty-four.
The provisions contained in this article shall not be
applicable:
1. When the penalty provided for the offense is
equal to or lower than those provided in the first
two paragraphs of this article, in which case the
court shall impose the penalty next lower in degree
than that which should be imposed in the period
which they may deem proper to apply.
2. When, by imprudence or negligence and with
violation of the Automobile Law, to death of a
person shall be caused, in which case the
defendant shall be punished by prision correccional
in its medium and maximum periods.
Atty. V. Garcia
damage results by reason of inexcusable lack of precaution
on the part of the person performing of failing to perform
such act, taking into consideration his employment or
occupation, degree of intelligence, physical condition and
other circumstances regarding persons, time and place.
Simple imprudence consists in the lack of precaution
displayed in those cases in which the damage impending to
be caused is not immediate nor the danger clearly
manifest.
The penalty next higher in degree to those provided for in
this article shall be imposed upon the offender who fails to
lend on the spot to the injured parties such help as may be
in this hand to give. (As amended by R.A. 1790, approved
June 21, 1957).
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Atty. V. Garcia
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