CRIMINAL LAW REVIEW

Tuesday, 25 July 2017 8:59 PM

CRIMINAL LAW (BOOK II)

By: Justice Maria Cristina J. Cornejo

TREASON
Committed only in times of war
Committed by Filipino Citizen (within and outside PH0 and Resident Alien (within PH)
1. May be committed by levying war against the government;
2. Adhering to the enemy, by giving them aid or comfort
It is a continuing crime: Several acts of treason only constitute one (1) crime of treason
TWO-WITNESS RULE: THE TESTIMONY OF TWO WITNESSES IS REQUIRED TO PROVE THE OVERT ACT OF GIVING AID OR COMFORT. IT IS NOT NECESSARY TO PROVE
ADHERENCE.

MISPRISION OF TREASON
Aware on Conspiracy to Commit Treason, but not report it.
BEFORE TREASON: PRINCIPAL TO MISPRISON OF TREASON
IF TREASON HAS ALREADY BEEN COMMITTED: ACCOMPLICE IN THE CRIME OF TREASON
No such crime as Misprision of Rebellion

ESPIONAGE
Gather information RE: National Defense
PNP is not a Public Institution, it is considered Private: information gathered from Camp Crame is NOT Espionage

PIRACY
1. People from the outside coming in (punishable under the RPC)
2. Under PD 532: May be committed by any person, not necessarily from the outside

MUTINY
Resistance to the authority inside the vessel
Creation of disturbances

QUALIFIED PIRACY
Irrespective of the number of people killed/injured/raped there is only one (1) composite crime of Qualified Piracy (the numb er is not considered)

PIRACY IN THE AIR (HIJACKING)

Hijacking (PD 6235) 1. Changes the course or destination of the aircraft It can be committed by the pilot himself
2. Usurps control of the aircraft (irrespective of the purpose)

ARBITRARY DETENTION (ART. 124)

Detained a person without legal ground
Must bring the detained person to the proper judicial authorities: FILING OF THE INFORMATION IN COURT
If there is no charge, release the detainee
12 HOURS LIGHT OFFENSES
18 HOURS CORRECTIONAL
36 HOURS AFFLICTIVE FELONIES

DELAY IN THE DELIVERY OF THE DETAINED PERSONS (ART. 125)

Applies only to Lawful Warrantless Arrest
1. In Flagrante Delicto
2. Hot Pursuit
3. Escape from Penal Establishment

VIOLATION OF DOMICILE TRESPASS TO DWELLING

Committed by Public Officer/Employee without Search Warrant (proper Judicial Order) Private Individual

REBELLION
To overthrow the government during public uprising (civilians supported by the military)
Common crimes committed in the furtherance of, are considered under Rebellion

COUP D'TAT
Purpose is to seize and diminish state power
Swift attack, committed by: Violence; Intimidation; Threat; Strategy; Stealth
Committed by the military backed up by civilians

SEDITION
Entails racing up of commotion and disturbance
Tumultuous and public uprising (plus the object of sedition)
RA 8294: VIOLENCE COMMITTED IN FURTHERANCE OF (REBELLION/ COUP D'TAT/SEDITION) SHALL BE ABSORBED (common crimes in furtherance of/inci dental to)
An act is considered tumultuous if caused by more than three (3) persons
CONSPIRACY AND PROPOSAL TO COMMIT TREASON/REBELLION/COUP D'TAT
CONSPIRACY TO COMMIT SEDITION (No Proposal to commit sedition)

DIRECT ASSAULT
1. Without public uprising, by employing force or intimidation for the attainment of any of the purpose enumerated in defining t he crime od sedition and rebellion
2. Without public uprising, by attacking, by employing force or serious intimidating or seriously resisting any person in author ity or any of his agents, while engaged in the
performance of official duties, or on the occasion of such performance.
Application of material violence; if against a person in authority, force need not be serious in nature; if against a, agent of person in authority force must be serious in nature
otherwise crime committed may be that under Art. 194 or Indirect Assault
If a person comes to the aid of a person in authority, he is considered an agent of the person in authority If he himself is attacked: DIRECT ASSAULT

If a person comes to the aid of an agent of a person in authority, and he himself is attacked: INDIRECT ASSAULT

ALARM AND SCANDAL

DISCHARGE OF FIREARM
EVASION OF SENTENCE
DELAY IN THE DELIVERY OF THE DETAINEE
QUASI-RECIDIVISM SPECIAL AGGRAVATING: ORDINARY AGGRAVATING:
1. Quasi-recidivism 1. Reiteration/Habituality
2. Habitual Delinquency 2. Recidivism

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 2. Habitual Delinquency 2. Recidivism

FALSIFICATION
Art. 171 (Public): there is a compl pertainex crime of ESTAFA THROUGH FALSIFICATION OF PUBLIC DOCUMENT (they have different e lements; one crime is a necessary means
to commit the other)
Art. 172 (Private): private document is falsified to obtain money - misappropriated (same element as Estafa): no such crime as, ESTAFA THROUGH FALSIFICATION OF PRIVATE
DOCUMENT

PERJURY
Deliberate assertion of falsehood in a material matter Material matter:
Statement is required by law
Statement is under oath
In the case of US vs. Capistrano:
There is two (2) inconsistency in one (1) and the same matter
The court must prove first which of the following inconsistencies/statement is false
WHERE TO FILE: in the place where you make the deliberate assertion
PERJURY FALSIFICATION

SUBORNATION OF PERJURY
No crime of subornation of perjury
Proposal to commit perjury

USURPATION OF AUTHORITY USURPATION OF OFFICIAL FUNCTION

False representation Pertains to the performance of functions of a person in authority

DIRECT BRIBERY INDIRECT BRIBERY QUALIFIED BRIBERY

Perform/refrain to perform: by reason In anticipation of Public officer is entrusted with law enforcement and he refrains in arresting or prosecuting an accused sentenced with
of reward; prize; promise future favors death; reclusion perpetua; life imprisonment in consideration of reward; prize; gift; promise.

MALVERSATION ESTAFA
Committed by public officer/employee (accountable public officer) Private citizen
Misappropriates: converts the public funds for his personal use/benefit Misappropriates: converts the funds entrusted to him for
his personal use and benefit
By reason of the nature of his position: on account of his use/participation in the public funds:
PRIMA FACIE EVIDENCE OF MALVERSATION: FAILURE TO RENDER AN ACCOUNTING (there must be a demand
<demand is a pre-requisite for the application of the presumption>

TECHNICAL MALVERSATION
Applies the funds for purpose not on the basis of its appropriation or allocation

CRIMES AGAINST PERSONS

PARRICIDE
Kills mother; father or child whether legitimate or illegitimate
If other ascendants or descendants as well as spouse it must be legitimate
Strangers who cooperate with the commission of the crime will be liable for homicide or murder as the case may be

ARTICLE 247: PHYSICAL INJURIES/ DEATH (inflicted) UNDER EXCEPTIONAL CIRCUMSTANCES

ARTICLE 251: DEATH/[PHYSICAL INJURIES CAUSED THROUGH TUMULTUOUS AFRAY
Injuries must be serious or less serious
If yoy cannot determine who caused the injury everybody would be liable

MURDER (HOMICIDE)
Murder if attended by a Qualifying AC
TREACHER: at the time the victim was attacked, he was defenseless
ABUSE OF SUPERIOR STRENGHT: obvious inequality of forces/notorious inequality of forces
EVIDENT PREMEDITATION: cool reflection to commit a crime
CRUELTY: adding to the physical sufferings of the victim

ARTICLE 253: GIVING ASSISTANCE TO SUICIDE

ARTICLE 255: INFANTICIDE

Killing of a child less than three (3) years old

RAPE 1. TRADITIONAL RAPE

2. SEXUAL ASSAULT
Object Rape: if you insert a thing (finger /object)
In Rape the victim is incapable of giving consent
If consent is freely given: there is no rape
If there is consent given but eventually withdrawn: there is rape (act must be accompanied by force)
Absent of consent must be until the very time of penetration
NO CRIME OF FRUSTRATED RAPE, ONLY ATTEMPTED OR CONSUMMATED (slightest penetration consummates rape)

UNLICENSED FIREARM
Use of unlicensed firearm in the killing is AGGRAVATING
Use of unlicensed firearm in other crimes is ABSORBED
Found in possession of unlicensed firearm/ used of unlicensed firearm: liable under RA 8294 (without any attending circumstan ce)
If during election ban: two (2) separate crime VIOLATION OF RA 8294 AND VIOLATION OF THE OMNIBUS ELECTION CODE

ARTICLE 266-D: PRESUMPTION FOR THE PROSECUTION

Any physical overt act manifesting resistance in the act of rape, in any degree, from the offended party

RAPE WITH HOMICIDE

Composite Crime
Regardless of the number of times raped

KIDNAPPING WITH SERIOUS ILLEGAL DETENTION

The victim must be deprived in any manner that will hinder his liberty

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 The victim must be deprived in any manner that will hinder his liberty
KIDNAPPING WITH MURDER: the victim who was kidnapped must also be the one who was killed; if two different person: TWO SEPARATE CRIMES: KIDNAPPING AND
HOMICIDE/MURDER
If the intent to rob precedes the killing: still Robbery with Homicide
Regardless of the intended victim is

KIDNAPPING FOR RANSOM

KIDNAPPING WITH RAPE FORCIBLE ABDUCTION WITH RAPE

Composite Crime Complex Crime
No lewd desires From the very beginning there are lewd desires

Rape is a qualifying circumstance Rape is a crime

Multiple Rapes: only one (1) composite crime of kidnapping with rape Multiple Rapes: there is only one(1) rape complexed with forcible abduction. Subsequent rape
would be treated as separate crimes.
If rape was merely attempted there would be two (2) separate crimes of: If rape was merely attempted: only one (1) crime of forcible abduction, the attempted rape
KIDNAPPING AND ATTEMPTED RAPE. would be considered manifestation of lewd desires.

GRAVE TREAT GRAVE COERCION

Threat committed must be wrong Compel or prevent coercion
Consummates upon the time the threat was made known to the person threaten Must be through violence or intimidation
2011 Case: threats made to different points in time; given to three (3) different person; threat is given Very moment of compulsion/prevention there must be violence/intimidation:
in rapid succession; ACCUSSED COMMITTED THREE (3) SEPARATE CRIME OF GRAVE THREAT. absence of violence/intimidation the crime committed is UNJUST VEXATION

CRIMES AGAINST PROPERTY

ROBBERY
Taking of personal property with intent to gain
Violation against or intimidation of persons or force upon things; absence of theses which is taking of personal property with intent to gain will constitute the crime of THEFT
SPECIAL COMPLEX CRIMES: INTENT TO ROB MUST PRECEDE THE ACTS; if evidence shows that there is no, intent to rob, no special complex crime (if not proved consequent
crime)
ROBBERY WITH HOMICIDE
There is robbery with homicide even if the robber was killed
Both crime (the robbery and the homicide) must be consummated
If attempted/frustrated robbery: ATTEMPTED/FRUSTRATED ROBBERY WITH HOMICIDE
If there is intent to kill but NOT consummated: TWO (2) SEPARATE CRIMES OF ATTEMPTED/FRUSTRATED ROBBERY AND HOMICIDE/MURDER/.
If death is accidental, no intent to kill: TWO (2) SEPARATE CRIMES OF ATTEMPTED/FRUSTRATED ROBBERY AND HOMICIDE

ROBBERY WITH RAPE

Robbery must precede Rape, if not: two (2) separate crimes: ROBBERY AND RAPE
Intent to rob must precede the rape
If there is death and rape: the crime is ROBBERY WITH HOMICIDE, the rape will be considered as a Qualifying AC

ROBBRY WITH SERIOUS PHYSICAL INJURIES

ROBBERY BY A BAND
At least four (4) armed malefactors commit the crime
ASSAULT
GR: All are liable.
XPN: if he attempt to prevent or prevent the assault, he will not be liable.

ARTICLE 298: EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION

If with intent to defraud: the crime is ESTAFA
Victim is compelled to execute/sign/deliver a public instrument through violence or intimidation: Robbery Under Art. 298

BRIGANDAGE
Highway Robbery: Band of Robbers committing criminal offense/acts on the highway
Indiscriminate unlawful acts committed in the Philippine Highway: liable under PD 532

CARNAPPING
RA 6539
Robbery/Theft of Motorized Vehicle
Theft of Motorized Vehicle (Qualified)
Exceptions: Road rollers; trolleys; street sweepers; sprinklers; lawn mowers; amphibian trucks -- CONSIDERED UNDER ARTICLE QUALIFIED THEFT (ART. 310)
ALL OTHERS WILL BE CHARGED AS CARNAPPING
QUALIFIED CARNAPPING: Owner; Driver; Passenger of the carnapped vehicle is killed or raped.

ARTICLE 312
Committed through violence/intimidation with intent to gain
Covers both rural and urban lands

ARTICLE 315.
ESTAFA BY ABUSE OF CONFIDENCE
ESTAFA BY MEANS OF DECEIT
--involves trust; person is entrusted with funds/property: very same thing given/entrusted must be the very same thing returned
--by reason of false manifestation/false representation/false pretense: by virtue of which the offender is able to obtain
money/property from the offended party; in cases of post-dated checks: false representation must be made at the time of the
obligation, if not the offender is liable for violation of BP 22

2012 Case: Abandoned the decision in the People vs. Neri

Mere acceptance of payment prior to the filing of the information does not extinguish liability, there must be proof of inten t to extinguish liability
If ownership is subsequently transferred: non-payment of the transfer does not constitute Estafa: but will incur civil liability for the non -payment of the obligation

ARSON
Malicious burning of property
If both burning and death occur:
If intent is to burn: ARSON, homicide is absorbed
If main objective is killing: MURDER, fire is resorted to as a means to accomplish the crime
People vs. Malisingnan: killing: killed: fire is resorted to conceal the murder: TWO SEPARATE CRIMES: ARSON AND MURDER/HOMICIDE

CRIMES AGAINST CHASTITY

ADULTERY

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 ADULTERY
Married with paramour
Every count of adulterous acts means one crime of Adultery

CONCUBINAGE
Married man committed sexual intercourse to his paramour in their conjugal house
1. Keep a mistress in the conjugal dwelling:
2. Shall have sexual intercourse under scandalous circumstances with a woman other than his wife: "scandalous circumstances" per tains to acts which married couples usually do
3. Shall cohabit with the mistress in any other place: in the same house, in the same dwelling as husband and wife

Pardon must be made by the offended party before the filing of the criminal complaint
It must be given to both offended parties

SEDUCTION ABDUCTION (FORCIBLE OR CONSENTED

ABDUCTION)
With sexual intercourse Without sexual intercourse: ONLY LEWD DESIGN; if
1. Qualified: sexual intercourse with Over 12 - Under 18: offender takes advantage of his moral ascendancy over the without lewd design - KIDNAPPING
victim
2. Simple: victim is a woman who is single or a widow of good reputation, over 12 - under 18: offender has able to have
sexual intercourse with the victim through deceit: deceit is usually in the form of Promise to Marry
For Consented Abduction: the consent must be
intelligently and freely given, no need for deceit.
Forcible Abduction is absorbed in the crime of Rape,
only if the real objective is Rape.

ILLEGAL MARRIAGE: BIGAMY

Contracted 2nd marriage during the existence of the first marriage
Let the court decide on whether or not the first marriage is VOID
VOIDABLE: valid until annulled; you have to wait for Judicial Declaration of Nullity
SERMONIA DOCTRINE: the man contracted second marriage at another Province, immediately after the second marriage they have recorded it. The wi fe learned of the second
marriage 16 years after the husband contracted the second marriage. (prescriptive period for afflictive penalties: 15 years); the lawyer contented that the institution of criminal
action against the husband already prescribed; the lawyer contented that when they file for the registration of the first mar riage, it is already a constructive notice to the whole
world that such an event occurred.
SC: constructive notice rule applies only to land registration cases, it does not apply on registration on civil registry. Pr escriptive period will run from the time the crime was
known to the offended party.

LIBEL/SLANDER
Public and malicious imputation of a crime (libelous matter is conveyed to a third person)
For as long as the libelous matter/slanderous matter did not reach the ears of the third person, there is no slanderous or li belous matter. -- as long it has not been reach the
ears/eyes of the third party there is no libel/slander
US vs. ATENCIO: a man's reputation is the estimate in which others hold him not the good opinion he has for himself.
It must be public and malicious imputation; every defamatory imputation is presumed to be malicious , except in matters of privileged communication;
Privileged communication will not be considered an exception if it is a malice in fact: you have to prove it by ill -will, hatred and the purpose to injure.
The offended party must be identifiable by a third person; so that the reputation of the victim will be destroyed

FAIR COMMENTARIES ON MATTERS OF PUBLIC INTEREST

They are considered privileged communication and they constitute a valid defense in an action for Libel
If it is not a matter of public interest, even if your commentary is fair, it is libelous
If the comment is an expression of an opinion, but it is based on an established facts, that opinion is admissible in evidenc e (even if the opinion is wrong)
see: People vs. Erwin Tulfo (2008)

PROOF OF TRUTH
Admissible: if the act/omission imputed constitute a crime whether or not the offended party is a public officer or a private individual
If the offended party is a government employee, even if the act/omission imputed constitute a crime, proof truth is admissibl e if it pertains to the discharge of his
official function; if it pertains to his private capacity: proof of truth is inadmissible

CRIMINATORY (INCRIMANATORY ) 1. Incriminating an innocent person - planting of evidence

MACHINATIONS 2. Intriguing against honor - you sow intrigue; the problem is who would be prosecuted, you have to consider all who sow
intrigue. (you have to backtracked)

MALICIOUS MISCHIEF: deliberate destruction of property

Hate/revenge other evil motive
But if you caused damage to the property without intent: CIVIL LIABILITY (but there should not be recklessness in the performance of your act); IF YOU CAUSED
DAMAGE RECKLESSLY (NEGLIGENCE; LACK OF FORSIGHT; LACK OF SKILL) :QUASI -OFFENSE OF CRIMINAL NEGLIGENCE UNDER ATICLE 365
There should be deliberate proof that you intentionally caused damage

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