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CRIMINAL
CRIMINAL
JURISPRUDENCE
JURISPRUDENCE
CRIMINAL
CRIMINALLAW
LAW(REVISED
(REVISEDPENAL
PENALCODE
CODE––BOOK
BOOK1)1)

CRIMINAL
CRIMINALLAW
LAW(REVISED
(REVISEDPENAL
PENALCODE
CODE––BOOK
BOOK2)2)

CRIMINAL
CRIMINALPROCEDURE
PROCEDURE
CRIMINAL
CRIMINALEVIDENCE
EVIDENCE
SPECIAL
SPECIALLAWS
LAWS
COMPILED BY:

LUCIA M. HIPOLITO -- ROMMEL K. MANWONG -- ALFIE


P. SARMIENTO

CRIMINAL LAW
(REVISED PENAL CODE - BOOK I)

CRIMINAL LAW DEFINED

Criminal Law is that branch or division of law which defines


crimes, treats of their nature, and provides for their punishment.

When did the Revised Penal Code take effect?

The Revised Penal Code took effect on January 1, 1932


(Art. 1, RPC).

Characteristics of Criminal Law

Criminal Law has three main characteristics, namely (1)


general, (2) territorial, and (3) prospective.

A. General Application

It has General application because Criminal Law is


binding on all persons who reside or sojourn in Philippine
territory.
Art. 2 of the Revised Penal Code states that the
provisions of this Code shall be enforced within the Philippine

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Archipelago, including its atmosphere, interior waters and
maritime zone, without reference to the person or persons who
might violate any of its provisions.
Art. 14 of the Civil Code provides that penal laws shall
be obligatory upon all who live or sojourn in Philippine territory.

Exceptions to the General Application of Criminal Law

There are cases where our Criminal Law does not apply
even if the crime is committed by a person residing or
sojourning in the Philippines. They constitute the exceptions.

(1) The opening sentence of Art. 2 of the Revised Penal


Code says that the provisions of this Code shall be
enforced within the Philippine Archipelago, “except as
provided in the treaties and laws of preferential
application.”
(2) Art. 14 of the Revised Penal Code provides that penal
laws and those of public security and safety shall be
obligatory upon all who live or sojourn in Philippine
territory, subject to the principles of public international
law and to treaty stipulations.

(a) Treaty or Treaty Stipulations

An example of treaty or treaty stipulation, as an


exception to the general application of our Criminal
Law is the Base Agreement entered into by and
between the Philippines and the USA on March 14,
1947 stipulating that “the Philippines consents that
the US have the right to exercise jurisdiction over

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some particular offenses. However, the said Military
Bases Agreement already expired on September
16, 1991.

(b) Law on Preferential Application

Republic Act No. 75 may be considered a law of


preferential application in favor of diplomatic
representatives and their domestic servants.
It is a law to penalize acts which would impair the
proper observance by the Republic and inhabitants
of the Philippines of the immunities, rights, and
privileges of duly accredited foreign diplomatic
representatives in the Philippines.

Nota Bene:

The law does not apply when the foreign country


adversely affected does not provide similar
protection to our diplomatic representatives.

(c) Principles of Public International Law

Persons exempt from the operations of our


criminal laws by virtue of the principles of public
international law:
1) Sovereigns and other chiefs of state;
2) Ambassadors;
3) Ministers plenipotentiary;

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4) Minister’s resident; and
5) Charges d’ affaires.

It is well established principle of international law


that diplomatic representatives, such as
ambassadors or public ministers and their official
retinue, possess immunity from the criminal
jurisdiction of the country of their sojourn and
cannot be sued, arrested or punished by the law of
that country.

Nota Bene:

A consul is not entitled to the privileges and


immunities of an ambassador or minister.

B. Territorial Application

It is Territorial, in that criminal law undertakes to punish


crimes committed within the Philippine territory.

Art. 2 of the Revised Penal Code states that the


provisions of this Code shall be enforced within the Philippine
Archipelago, including its atmosphere, its interior waters and
maritime zone, which constitute the Philippine territory.

Extent of Philippine Territory for Purposes of Criminal Law:

Art. 2 of the Revised Penal Code provides that the


provisions of said Code shall be enforced within the Philippine

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Archipelago, including its atmosphere, its interior waters and
maritime zone.
Art. 1 of the 1987 Constitution provides as follows:
“The national territory comprises the Philippine Archipelago,
with all the islands and waters embraced therein, and all other
territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between
and connecting the islands of the Archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the
Philippines.

Exceptions to the Territorial Application of Criminal Law

Art. 2 of the Revised penal Code provides:


“Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only
within the Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone, but also outside of its
jurisdiction against those who:

1) Should commit an offense while on a Philippine ship or


airship;
2) Should forge or counterfeit any coin or currency note of
the Philippine Islands or obligations and securities issued by
the Government of the Philippine Islands;
3) Should be liable for acts connected with the introduction
into these islands of the forged or counterfeited obligations
and securities;

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4) While being public officers or employees, should commit
an offense in the exercise of their functions; or
5) Should commit any of the crimes against national security
and the law of nations;
6) Should destroy or cause destruction to the
maritime/marine zone, the Exclusive Economic Zone (EEZ)
and the natural resources within the EEZ of the Philippines.

C. Prospectivity of Criminal Laws

It is Prospective, in that a penal law cannot make an act


punishable when committed. Crimes are punished under the
laws in force at the time of their commission
Art. 21 of the Revised Penal Code provides that no
felony shall be punishable by any penalty not prescribed by law
prior to its commission.
Art. 366 of the Revised Penal Code provides that
felonies are punishable under the laws enforced at the time of
their commission.

Exception to the Prospective Application of Criminal Laws

Whenever a new statute dealing with crime establishes


conditions more lenient or favorable to the accused, it can be
given a retroactive effect.

Exceptions to the Exception:

This exception has no application in the following instances:

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(1)where the new law is expressly made inapplicable to
pending actions or existing causes of actions.
(2)Where the offender is a habitual delinquent/criminal
under Art. 62 of the Revised Penal Code.

Nota Bene:

The new law can still be given a retroactive effect if the


offender is a Recidivist.

THEORIES IN CRIMINAL LAW

There are three theories in criminal law, namely: (1) classical


theory, (2) positivist theory, and (3) eclectic theory.

A. CHARACTERISTICS OF CLASSICAL THEORY

1. The basis of criminal liability is human tree will and the


purpose of the penalty it retribution.
2. That man is essentially a moral creature with an absolutely
free will to choose between good and evil, thereby placing more
stress upon the effect or result of the felonious act than upon the
man, the criminal himself.
3. It has endeavoured to establish a mechanical and direct
proportion between crime and penalty.
4. There is a scant regard to the human element.

B. CHARACTERISTICS OF POSITIVIST THEORY

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1. That man is subdued occasionally by a strange and morbid
phenomenon which constraints him to do wrong, in spite of or
contrary to his volition.
2. That crime is essentially a social and natural phenomenon,
and as such, (a) it cannot be treated and checked by the
application of abstract principles of law and jurisprudence nor by
the imposition of a punishment fixed and determined a priori; (b)
but rather through the enforcement of individual investigation
conducted by a competent body of psychiatrist and social
scientists.

C. CHARACTERISTICS OF ECLECTIC THEORY

What are felonies (Delitos)?

Felonies are acts and omissions punishable by law (Art. 3,


1st par., RPC).

What are the two ways of committing felonies? How are


felonies committed?

Felonies are committed by means of deceit (dolo) or by


means of fault (culpa).

Elements of Felonies:

1. That there must be an act or omission.


2. That the act or omission must be punishable by the
Revised Penal Code (RPC).
3. That the act is performed or the omission incurred by
means of dolo or culpa.

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4. That the act or omission must have been voluntarily.

When is there deceit?

There is deceit when the act is performed with deliberate


intent.

Requisites of Intentional Felonies

In order that an act or omission may be considered as


having been performed or incurred with deliberate intent, the
following requisites must concur:

1. The offender must have FREEDOM while doing an act or


omitting to do an act;

2. The offender must have INTELLIGENCE while doing the


act or omitting to do the act; and

3. The offender must have INTENT while doing the act or


omitting to do the act.

NECESSITY OF FREEDOM

When a person acts without freedom, he is no longer a


human being but a tool. His liability is as much as that of the knife
that wounds, or of the torch that sets fire, or of the key that opens
a door, or of the ladder that placed against the wall of a house in
committing robbery.

Example:

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The following have no freedom: (a) a person who acts under
the compulsion of an irresistible force, or (b) a person who acts
under the impulses of an uncontrollable fear of an equal of greater
injury. Thus, they are exempt from criminal liability under Art. 12,
paragraphs 5 and 6 respectively of the Revised Penal Code.

NECESSITY OF INTELLIGENCE

Intelligence is a necessary factor in determining the morality


of a particular act. Thus without this power, no crime can exist.

Example:

The following are exempt from criminal liability because of


the absence of intelligence:

(1)An imbecile or an insane person, unless the latter has


acted during a lucid interval (Art. 12, (1), RPC);
(2)A person under nine (9) years of age (Art. 12, (2), RPC);
(3)A person over nine (9) years of age and under fifteen
(15), unless he has acted with discernment (Art. 12, (3),
RPC).

NECCESSITY OF INTENT

Intent to commit he act with malice, being purely a mental


process, is presumed and the presumption arises from the proof
of the commission of an unlawful act.

Nota Bene:

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All the three requisites of voluntariness in intentional felony
must be present because “a voluntary act is a free, intelligent,
and intentional act”.

When is there fault?

There is fault when the wrongful act results from


imprudence, negligence, lack of foresight, or lack of skill.

Requisites of Culpa

In order that the act or omission in felonies committed by


means of fault or culpa may be considered voluntary, the following
must concur:
(1)The offender must have FREEDOM while doing the act
or omitting to do the act;
(2)The offender must have INTELLIGENCE while doing the
act or omitting to do the act; and
(3)The offender is IMPRUDENT, NEGLIGENT or LACKS
FORESIGHT or SKILL while doing the act or omitting to
do the act.

Felonies are classified according to the means by which


they are committed into:

(1)Intentional Felonies or felonies committed with malice or


deliberate intent, and
(2)Culpable Felonies or felonies committed as a result of
imprudence, negligence, lack of foresight or lack of skill.

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GENERAL CLASSES OF CRIMES

1. Intentional Felonies;
2. Culpable Felonies; and
3. Those crimes defined and penalized by special laws, which
include crimes punishable by municipal or city ordinances.

The first two are defined and penalized under the Revised
Penal Code of the Philippines.

Who incurs criminal liability?

Criminal liability shall be incurred:

(1)By any person committing a felony (delito) although the


wrongful act done be different from that which he
intended.
(2)By any person performing an act which would be an
offense against persons or property, were it not for the
inherent impossibility of its accomplishment or on
account of the employment of inadequate or ineffectual
means (Art. 4, RPC).

Notes:

Under paragraph 1 of Art. 4, a person committing a felony is


criminally liable although the wrongful act done be different from
that which he intended.

The causes which may produce a result different from that


which the offender intended are:

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1. error in personae or mistake in the identity of the victim;
2. aberratio ictus or mistake in the blow, that is, when the
offender intending to do an injury to one person actually inflicts it
on another; and
3. praeter intentionem or when the injurious result is greater
than that intended or the act exceeds the intent.

Requisites:

In order that a person may be held criminally liable for a


felony different from that which he intended to commit, the
following must be present:

(1)That an intentional felony has been committed; and


(2)That the wrong done to the aggrieved party be the direct,
natural and logical consequence of the felony committed
by the offender.

In simple words, the felony committed must be the


proximate cause of the resulting injury.

PROXIMATE CAUSE DEFINED

“That cause, which in natural and continuous sequence,


unbroken by any efficient intervening cause, produces the injury,
and without which the result would not have occurred”.

The felony committed is not the proximate cause of the


resulting injury –

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(1) when there is an active force that intervened between the
felony committed and the resulting injury, and the active
force is a distinct act or fact absolutely foreign from the
felonious act of the accused, or
(2) when the resulting injury is due to the intentional act of
the victim.

IMPOSSIBLE CRIME

Paragraph 2 of Article 4 of the Revised Penal Code defines


impossible crime, to wit, “an act which would be an offense
against persons or property. Were it not for the inherent
impossibility of its accomplishment or on account of the
employment of inadequate or ineffectual means”.

Why are impossible crimes punishable?

The commission of an impossible crime is indicative of


criminal propensity or criminal tendency on the part of the actor.
Such person is a potential criminal. Objectively, the offender does
not commit a felony, but subjectively he is a criminal.

According to the positivist way of thinking, the community


must be protected from anti-social activities, whether actual or
potential, of the morbid type of man called “socially dangerous
person”.

Requisites of Impossible Crime

(1) That the act performed would be an offense against


persons or property.

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(2) That the act was done with evil intent.
(3) That is accomplishment is inherently impossible, or that
the means employed is either inadequate or ineffectual.
(4) That the act performed should not constitute a violation
of another provision of the Revised Penal Code.

Example of an Impossible Crime, where the act performed by the


offender would have been an offense against persons were it not
for the inherent impossibility of its accomplishment.

Stabbing a person lying on bed, the offender having the


intent to kill him and thinking that he was only sleeping, when in
fact that person had already been dead before he stabbed him.
The ac performed by the offender would have been murder, an
offense against persons, were it not for the inherent impossibility
of its accomplishment, it being impossible to kill a person who is
already dead.

Example of an impossible crime, where the act performed by the


offender would have been an offense against property were it not
for the inherent impossibility of its accomplishment.

Picking the pocket of another, without his knowledge and


consent, to take with intent to gain any personal property from
that pocket which turned out to be empty. The act performed by
the offender would have been theft, an offense against property,
were it not for the inherent impossibility of its accomplishment,
since theft cannot be committed when there is no personal
property that could be taken.

Case:

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A picked the pocket of B and succeeded in extracting B’s
wallet. Once in possession of the wallet, A opened it, but finding it
empty, he threw away the wallet. Is A guilty of an impossible
crime?

Ans:
No, because the wallet has some value and the crime of
theft is consummated from the moment the offender has taken
possession of the wallet with intent to gain. Hence, that person is
guilty, not of an impossible crime, but of theft.

Nota Bene:

In impossible crime, the act performed should not constitute


anoher offense, specifically punished by law.

Example of an impossible crime where the means employed is


inadequate

Using small quantity of arsenic or poison to kill a person.


The small quantity of poison is inadequate to kill a person. But the
one who used it to kill another is liable for impossible crime,
because subjectively he is a criminal.

Example of an impossible crime where the means employed is


ineffectual.

Believing that certain white powder was arsenic or poison, A


mixed it with the coffee intended for B. When B drank it he was
not injured at all, because the white powder was sugar.

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What is the penalty for impossible crime?

The penalty for impossible crime is arresto mayor or a fine


from 200 to 500 pesos (Art. 59, RPC).

What factors must be considered by the court in


determining the proper penalty for impossible crime?

The factors that must be considered by the court in


determining the proper penalty are: (1) the social danger and (2)
the degree of criminality shown by the offender (Art. 59, RPC).

Case:
A fired his revolver at B from a distance of one kilometer. Is
A criminally liable?

Ans.:
No. It is believed that A shows stupidity rather than
dangerousness. According to the positivist theory, A should not be
punished, because there is neither “social danger” nor any
“degree of criminality” shown by him. Even subjectively, a man
with little common sense will know that he cannot hit a person by
firing a revolver one kilometer away.

What is the duty of the court in connection with acts, which


should be repressed, but which are not covered by the
law?

Whenever a court has knowledge of any act which it may


deem proper to repress and which s not punishable by law, it shall

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render the proper decision, and shall report to the Chief
Executive, through the Department of Justice, the reasons which
induce the court to believe that said act should be made the
subject of legislation (Art. 5, 1st paragraph, RPC).

What is the duty of the court in cases of excessive


penalties?

Whenever the court finds that a strict enforcement of the


provisions of the Revised Penal Code would result in the
imposition of a clearly excessive penalty, taking into consideration
the degree of malice and the injury caused by the offense, the
court shall submit to the Chief Executive, through the Department
of Justice, such statement as may be deemed proper, without
suspending the execution of the sentence (Art. 5, 2nd paragraph,
RPC).

What are the three stages of the acts execution of a


felony?

The three stages of execution of a felony are attempted,


frustrated and consummated.

Are these stages of execution punishable?

Consummated felonies, as well as those which are


frustrated and attempted, are punishable (Art. 6, 1st paragraph,
RPC).

Nota Bene:

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When the crime is punishable by a special law, the
attempted and frustrated stages of the acts of execution are not
punishable, unless the special law provides a penalty therefor.

When is a felony attempted?

A felony is attempted when the offender commences the


commission of a felony directly by over acts, and does not
perform all the acts of execution which should produce the felony
by reason of some cause or accident other than his own
spontaneous desistance (Art. 6, 3rd paragraph, RPC).

Elements of Attempted Felony

1. The offender commences the commission of the felony directly


by overt acts;
2. He does not perform all the acts of execution which should
produce the felony;

3. The offender’s act be not stopped by his own spontaneous


desistance; and
4. The non-performance of all the acts of execution was due to
cause or accident other than his own spontaneous desistance.

The external acts must have a direct connection with the


crime intended to be committed by the offender.

What is an indeterminate offense?

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It is one where the purpose of the offender in performing an
act is not certain. Its nature in relation to its objective is
ambiguous.

When is a felony frustrated?

A felony is frustrated when the offender performs all the acts


of execution which would produce the felony as a consequence
but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator (Art. 6, 2nd paragraph,
RPC).

Elements of Frustrated Felony

1. The offender performs all the acts of execution;


2. All the acts performed would produce the felony as a
consequence;
3. The felony is not produce ;
4. By reason of causes independent of the will of the perpetrator.

Frustrated Felony Distinguished from Attempted Felony

1. In both, the offender has not accomplished his criminal


purpose.
2. In frustrated felony, the offender has performed all the
acts of execution which would produce the felony, while in
attempted felony, the offender merely commences the
commission of a felony directly by overt acts and does not
perform all the acts of execution.

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In other words, in frustrated felony, the offender has reached
the objective phase; in attempted felony, the offender has not
passed the subjective phase.

SUBJECTIVE PHASE

It is that portion of the execution of the crime, starting from


the point where the offender begins to that point where he has still
control over his acts, including their natural course.

OBJECTIVE PHASE

It is that portion of the acts of the offender, where he has no


more control over the same. All the acts of execution have been
performed by him.

Attempted Felony/Frustrated Felony Distinguished from


Impossible Crime

1. In attempted or frustrated felony and impossible crime,


the evil intent of the offender is not accomplished.
2. In impossible crime, the evil intent of the offender cannot
be accomplished; in attempted or frustrated felony the evil intent
of the offender is possible of accomplishment.

3. In impossible crime, the evil intent of the offender cannot


be accomplished or because the means employed by the offender
is inadequate or ineffectual; in attempted or frustrated felony, what
prevented its accomplishment is the intervention of certain cause
or accident in which the offender had no part.

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Are there felonies that have no attempted or frustrated
stages of execution? If yes what are they?

Yes there are felonies that have no attempted and frustrated


felonies. They are:
(1)flight to enemy country,
(2)corruption of minors,
(3)formal crimes, lie slander ad false testimony;
(4)felonies by omission like misprision of treason; and
(5)treason.

The crime of flight to enemy country has no attempted and


frustrated stages of execution because in flight to enemy country,
the mere attempt to flee or go to enemy country consummates the
crime.
The same is true with the crime of corruption of minors. The
mere proposal to the minor to satisfy the lust of another
consummates the crime.
In formal crimes, there are no attempted and frustrated
stages of execution because they are consummated in one
instant by a single act.
In felonies by omission, there is either a felony when the
offender fails to perform an act required by law to be done, or no
felony, if the offender performs the act.
In treason, the overt act I itself constitutes the crime.

Nota Bene:

In the case of People versus Orita, 184 SCRA 1905,


the Supreme Court held there is no such crime as

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Frustrated Rape. Rape could either be attempted of
consummated.

When is a felony consummated?

A felony is consummated when all the elements necessary


for its execution and accomplishment are present (Art. 6, 2nd
paragraph, RPC).
Every crime has its own elements which must all be present
to constitute a culpable violation of a precept of law.

What is an overt act?

An overt act is physical activity, more than a mere planning


or preparation, which evinces the intention of the offender to
commit a particular felony.

In what stage of the acts of execution is it important to


determine the existence of the overt act?

The existence of the overt act is important only in the


attempted stage of the acts of execution.
It is not necessary to determine the existence of overt act in
the other stages of execution, because in frustrated stage, as well
as in the consummated stage of execution, the offender has
performed all the acts of execution which necessarily implies that
the offender has done more than an overt act.

What is a preparatory act? Give at least two examples.

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Preparatory acts are those initial acts of a person who has
conceived the idea of committing a crime, but which cannot by
themselves logically and necessarily ripen into a concrete
offense. They are not even overt acts and hence, they do not
constitute the attempted stage of the acts of execution.
The examples of preparatory acts are (1) conspiracy and
proposal to commit a felony, and (2) buying or securing weapon to
commit a crime, i.e. murder, homicide, robbery, etc.

Are preparatory acts punishable?

Generally, preparatory acts are not punishable because the


law regards the as innocent or at least permissible, except in rare
and exceptional cases.

The following preparatory acts are punishable:

1. conspiracy to commit treason, rebellion and sedition;


2. proposal to commit treason and rebellion; and
3. preparatory acts which are considered in themselves, by law,
as independent crimes like the following:

a) possession of picklocks which is preparatory to the


commission of robbery with force upon things;
b) possession of unlicensed firearm.

Nota Bene:

The above mentioned acts are punished by law not


a preparatory acts but as a distinct crime i.e. possession
of picklocks defined and punished under Art. 304 of the

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Revised penal Code and illegal possession of firearm
defined and punished under P.D. 1866 as amended by
R.A. 8294.

When are light felonies punishable under the Revised


Penal Code?

As a general rule, light felonies are punishable only when


they have been consummated (Art. 7, RPC).

Example of light felonies which are punishable only when


consummated.

1. Betting in sport contest,


2. Illegal cock-fighting, and
3. Intriguing against honor.

Nota Bene:

These light felonies are punishable only when


consummated because they are not against persons
or property and, hence, they are covered by the
general rule.

Reason for the rule:

Light felonies produce such sight, such insignificant moral


and material injuries that public conscience is satisfied with
providing alight penalty for their consummation. If they are not
consummated, the wrong done is so light that there is no need of
providing a penalty at all.

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Is there any exception?

Yes, there is. Light felonies committed against persons or


properties are punishable even if they are only in the attempted or
frustrated stage of execution (Art. 7, RPC).

Reason for the exception

The commission of felonies against persons or property


presupposes in the offender some moral depravity

WHEN IS THERE CONSPIRACY?

A conspiracy exists when to or more persons come to an


agreement concerning the commission of a felony and decide to
commit it (Art. 8, 2nd paragraph, RPC).

Requisites of Conspiracy

1. That two pr more persons came to an agreement;


2. That the agreement concerned the commission of a felony;
and
3. That the execution of the felony be decided upon.

Is conspiracy punishable?

Conspiracy is punishable only in the cases in which the law


specially provides a penalty therefor (Art. 8, 1st paragraph, RPC).

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Distinguish conspiracy as a felony from conspiracy as a
manner of incurring criminal liability:

Conspiracy is a felony when the law especially provides a


penalty therefor. In such cases, the mere agreement and decision
to commit a particular felony is punished by law. Thus, conspiracy
to commit treason, rebellion and sedition is punishable.
However, if after the conspiracy the offenders actually
committed treason, rebellion or sedition, the conspiracy ceases to
be a felony and becomes only a manner of incurring criminal
liability, that is, the act of one conspirator is the act of all the other
conspirators.

In other crimes, like murder or abduction, the mere


agreement and decision to commit them is not punishable, as
there is no provision in the RPC which punishes conspiracy to
commit murder or abduction. The conspirators become liable only
when the crime, like murder or abduction, is actually committed.
But they are liable for the crime actually committed, not for
conspiracy to commit it. The conspiracy will be considered only to
make the offenders equally liable, that is, in the same degree and
to the same extent.

When is there a proposal to commit a felony?

There is proposal when the person who has decided to


commit e felony proposes its execution to some other person or
persons (Art. 8, 3rd paragraph, RPC).

Is proposal to commit a felony punishable?

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Proposal to commit a felony is punishable only in cases in
which the law specially provides a penalty therefor (Art. 8, 1 st
paragraph, RPC).

May a person be held liable for proposal to commit


rebellion if the proposal is rejected by the person to whom
the proposal is made? Why?

Yes, because what the law punishes is the mere proposal to


commit rebellion or treason by one who is decided to commit it.
The acceptance of such proposal is not necessary.

What are the three classifications of felonies according to


gravity?

According to gravity, felonies are classified as grave


felonies, less grave felonies and light felonies.

What are grave felonies?

Grave felonies are those to which the law attaches the


capita punishment or penalties which in any of their periods are
afflictive, in accordance with Article 25 of the Revised Penal Code
(Art. 9, 1st par., RPC).

What are less grave felonies?

Less grave felonies are those which the law punishes with
penalties which in their maximum period are correctional, in
accordance with Art. 25 of the Revised Penal Code (Art. 9, 2nd
par. RPC).

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What are light felonies?

Light felonies are those infractions of law for the commission


of which a penalty of arresto menor or a fine not exceeding 200
pesos or both, is provided (Art. 9, 3rd par., RPC).

Are Offenses defined and penalized by special laws


subject to the provisions of the Revised Penal Code? What
is the function of the RPC with regard to these offenses?

No. Offenses, which are or in the future may be punishable


under special laws are not subject to the provisions of the
Revised Penal Code. The Revised Penal Code shall be
supplementary to such laws, unless the latter should specially
provide the contrary (Art 10, RPC).

What are the circumstances which affect criminal liability?

The circumstances which affect criminal liability are:

(1) justifying circumstances (Art. 11, RPC),


(2) exempting circumstances (Art. 12, RPC) and other
absolutory causes (Art. 20, Art. 124, last paragraph,
RPC),
(3) mitigating circumstances (Art. 13, RPC),
(4) aggravating circumstances (Art. 14, RPC), and
(5) alternative circumstances (Art. 15, RPC).

Justifying Circumstances

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Any person acting under any of the justifying circumstances
does not incur criminal liability.

The act of a person under any of the justifying


circumstances is in accordance with law, so that such person is
deemed not to have transgressed the law and is free from both
criminal and civil liability.

Exempting Circumstances

Technically, one who acts by virtue of any of the exempting


circumstances commits a crime, although by the complete
absence of any of the conditions which constitute free will or
voluntariness of the act, no criminal liability arises. Hence, there is
wanting in the agent of the crime any of the conditions which
make the act voluntary, or negligent. There is however, civil
liability.

Mitigating Circumstances

These circumstances are based on the diminution of either


the freedom of action, intelligence, or intent, or on the lesser
perversity of the offender.

Aggravating Circumstances

These are based on the greater perversity of the offender


manifested in the commission of the felony as shown by (1) the
motivating power itself, (2) the place of commission, (3) the
means and ways employed, (4) the time, or (5) the personal
circumstances of the offender or of the offended party.

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Alternative Circumstances

The basis of these alternative circumstances is the nature


and effects of the crime and the other conditions attending its
commission.

What are the justifying circumstances?

The justifying circumstances provided for under Art. 11 are


the following:

(1)Anyone who acts in defense of his person or rights,


provided that the following circumstances concur:

1. Unlawful aggression.
2. Reasonable necessity of the means employed to
prevent or repel it.
3. Lack of sufficient provocation on the part of the person
defending himself.

(2)Any one who acts in defense of the person or rights of his


spouse, ascendants, or legitimate natural or adopted
brothers or sisters, or of his relatives by affinity in the
same degrees and those by consanguinity within the
fourth civil degree, provided the following requisites are
present:

1. Unlawful aggression.
2. Reasonable necessity of the means employed to
prevent or repel it.

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3. In case the provocation was given by the person
attacked, that the one making defense had no part
therein.

(3)Anyone who acts in defense of the person or rights of a


stranger, provided that the following requisites concur:

1. Unlawful aggression.
2. Reasonable necessity of the means employed to
prevent or repel it.
3. The person defending be not induced by revenge,
resentment, or other evil motive.

(4)Any person who, in order to avoid an evil or injury, does


an act which causes damage to another, provided that
the following requisites are present:

1. That the evil sought to be avoided actually exists.


2. That the injury feared be greater than that done to
avoid it.
3. That there be no other practical and less harmful
means of preventing it.

(5)Any person who acts in the fulfillment of a duty or in the


lawful exercise of a right or office.

(6) Any person who acts in obedience to an order issued by


a superior for some lawful purpose.

What constitutes unlawful aggression?

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The act must be unjustified and sufficient to imperil one’s
life, limb or right.

Is threat an unlawful aggression?

Mere threatening attitude is not unlawful aggression. But if


the threat is offensive and positively strong, showing the wrongful
intent to cause an injury, that threat is an unlawful aggression.

Who are exempt from criminal liability?

The following are exempt from criminal liability:

(1)An imbecile or an insane person, unless the latter has


acted during a lucid interval.

When the imbecile or an insane person has committed


an act which the law defines as a felony (delito), the court
shall order his confinement in one of the hospitals or
asylums established for persons thus afflicted, which he
shall not be permitted to leave without first obtaining the
permission of the same court.

(2)A person under nine years of age.

(3)A person over nine years of age and under fifteen,


unless he has acted with discernment, in which case,
such minor shall be proceeded against in accordance
with the provisions of Article 80 of the Revised Penal
Code.

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When such minor is adjudged to be criminally
irresponsible, the court, in conformity with the provisions of
this and the preceding paragraph, shall commit him to the
care and custody of hi family who shall be charged with his
surveillance and education otherwise, he shall be committed
to the care of some institutions or person mentioned in said
Art. 80.

(4)Any person who, while performing a lawful act with


due care, causes an injury by mere accident without
fault or intention of causing it.

Nota Bene:

What is the penalty imposable when all


the conditions required are not present?

When all the conditions required to exempt


from criminal liability (under circumstance number 4
of Art. 12) are not present, the penalty imposable
upon the culprit is

(a) arresto mayor in its maximum period to


prision correccional in its minimum period if
he shall have been guilty of a grave felony,
and
(b) arresto mayor in its minimum and medium
periods, if of a less grave felony (Art. 67,
RPC).

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(5) Any person who acts under the compulsion of
irresistible force.

(6)Any person who acts under the impulse of an


uncontrollable fear or an equal or greater injury.

(7)Any person who fails to perform an act required by law,


when prevented by some lawful insuperable cause.

What are the mitigating circumstances?

The following are mitigating circumstances:

(1) Those justifying and exempting circumstances when all


the requisites necessary to justify the act or to exempt
from criminal liability in the respective cases are not
attendant.

(2) That the offender is under eighteen years of age or over


seventy years. In the case of the minor, he shall be
proceeded against in accordance with the provisions of
Article 80.

(3) That the offender had no intention to commit so grave a


wrong as that committed.

(4) That sufficient provocation or threat on the part of the


offended party immediately preceded the act.

(5) That the act was committed in the immediate vindication


of a grave offense to the one committing the felony

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(delito), his spouse, ascendants, descendants,
legitimate, natural, or adopted brothers or sisters, or
relatives by affinity within the same degrees.

(6) That of having acted upon an impulse so powerful as


naturally to have produced passion or obfuscation.

(7) That the offender had voluntarily surrendered himself to


a person in authority or his agents, or that he had
voluntarily confessed his guilt before the court prior to
the presentation of the evidence for the prosecution.

(8) That the offender is deaf and dumb, blind or otherwise


suffering some physical defect which thus restricts his
means of action, defense or communication with his
fellow beings.

(9) Such illness of the offender as would diminish the


exercise of the will power of the offender without
however depriving him of the consciousness of his acts.

(10) Any other circumstances of a similar nature and


analogous to those above mentioned.

What are the aggravating circumstances?

The aggravating circumstances are the following:

(1)That advantage be taken by the offender of his public


position.

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(2)That the crime be committed in contempt of or with insult
to the public authorities.

(3)That the act be committed with insult or in disregard of


the respect due the offended party on account of his
rank, age, or sex, or that it be committed in the dwelling
of the offended party, if the latter has not given
provocation.

(4)That the act be committed with abuse of confidence or


obvious ungratefulness.

(5)That the crime be committed in the palace of the chief


executive, or in his presence, or where public authorities
re engaged in the discharge of their duties, or in a place
dedicated to religious worship.

(6)That the crime be committed in the night time, or in an


uninhabited lace, or by a band, whenever such
circumstances may facilitate the commission of an
offense.
Whenever more than three armed malefactors shall
have acted together in the commission of an offense, it
shall be deemed to have been committed by a band.

(7)That the crime be committed on the occasion of a


conflagration, shipwreck, earthquake, epidemic or other
calamity or misfortune.

(8)That the crime be committed with the aid of armed men


or persons who insure or afford impunity.

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(9)That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one


crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of this
Code.

(10)That the offender has been previously punished by an


offense to which the law attaches an equal or greater
penalty or for two or more crimes to which it attaches a
lighter penalty.

(11) That the crime be committed in consideration of a price,


reward or promise.

(12)That the crime be committed by means of inundation,


fire, poison, explosion, stranding of a vessel or
intentional damage thereto, derailment of a locomotive,
or by the use of any other artifice involving great waste
and ruin.

(13)That the act committed with evident premeditation.

(14)That craft, fraud or disguise be employed.

(15)That advantage be taken of superior strength, or means


be employed to weaken the defense.

(16)That the act be committed with treachery (alevosia).

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There is treachery when the offender commits any of
the crimes against the person, employing means,
methods, or forms in the execution thereof which tend
directly and specially to insure its execution, without risk
to himself arising from the defense which the offended
party might make.

(17)That means be employed or circumstances brought


about which add ignominy to the natural effects of the
act.

(18)That the crime be committed after an unlawful entry.

There is an unlawful entry when an entrance is effected


by way not intended for the purpose.

(19)That as a means to the commission of a crime a wall,


roof, floor, door, or window be broken.

(20)That the crime be committed with the aid of persons


under fifteen years of age or by means of motor
vehicles, motorized watercraft, airships, or other similar
means (as amended by RA 5438).

(21)That the wrong done in the commission of the crime be


deliberately augmented by causing other wrong not
necessary for its commission.

What are alternative circumstances? What are they?

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Alternative circumstances are those which must be taken
into consideration as aggravating or mitigating according to the
nature and effects of the crime and the other conditions attending
its commission.

The alternative circumstances are (1) relationship, (2)


intoxication, and (3) the degree of instruction and education of the
offender.

When is the alternative circumstance of relationship be


considered?

The alternative circumstance of relationship shall be taken


into consideration when the offended party is the (a) spouse, (b)
ascendant (c) descendant, (d) legitimate, natural or adopted
brother or sister, or (e) relative by affinity in the same degrees of
the offender.

When shall the alternative circumstance of intoxication


mitigating?

The intoxication of the offender shall be taken into


consideration as a mitigating circumstance when the offender has
committed a felony in a state of intoxication, if the same is (a) not
habitual or (b) not subsequent to the plan to commit said felony.

Nota Bene:

For an accused to be entitled to the mitigating


circumstance of intoxication, it must be shown that:

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(1) at the time of the commission of the criminal act,
he has taken such quantity of alcoholic drinks as to
blur his reason and deprive him of a certain degree
of control; and
(2) that such intoxication is not habitual, or
subsequent to the plan top commit the felony.

When is intoxication aggravating?

The intoxication of the offender is aggravating (a) when the


intoxication is habitual or intentional or (b) when it is intentional or
subsequent to the plan to commit the crime.

Habitual Drunkard

One given to intoxication by excessive use of intoxicating


drinks. The habit should be actual and confirmed. It is
unnecessary that it be a matter of daily occurrence.

DEGREE OF INSTRUCTION AND EDUCATION

Low degree of instruction and education or lack of it is


generally mitigating.

High degree of instruction and education is aggravating


when the offender avails himself of his learning in committing
the crime.

Nota Bene:

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Night time and dwelling are not qualifying
aggravating circumstances. They are merely
ordinary or generic aggravating circumstances that
could elevate the impossible penalty to its maximum
period.
The qualifying aggravating circumstances are
those provided for in Art. 248 of the Revised Penal
Code. If any qualifying aggravating circumstance
attended the commission of the crime it elevates the
crime to a graver offense and gives it its proper
designation. For example when the killing is
attended with any of the qualifying aggravating
circumstances like dwelling, the offender will be
liable for murder and not merely homicide.

NIGHT TIME
That period of darkness beginning at end of
dusk and ending at dawn. The Civil Code defines it
as from sunset to sunrise. (Art. 13, Civil Code of the
Philippines).

Not all the time, night time may be appreciated


as an aggravating circumstance.
Night time may be appreciated as an
aggravating circumstance in the following instances:

1) when it facilitated the commission of the crime;


2) when it is especially sought for by the offender to
insure the commission of the crime; or
3) when the offender took advantage thereof for the
purpose of impunity.

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Night time is not aggravating, even if the crime
was committed during night time in the
following instances:

1) When the crime was the result of a succession of


acts which took lace within the period of two hours
commencing at 5:00 p.m. to 7:00 p.m.;
2) When treachery concurred with night time in the
commission of the crime because night time is
absorbed in treachery; and

3) When the meeting between the offender and the


offended party at night time is causal and the idea of
committing the crime came into the mind of the
offender only at that time.
The reason for this is that night time was not
especially sought for by the offender.
But, it may still be aggravating, if the darkness
facilitated the commission of the crime or that the
offender took advantage of it.

DWELLING

Dwelling is an aggravating circumstance when


the crime is committed in the dwelling of the
offended party.
Why? Because of two reasons, namely:

(1) when the offender was welcomed in the home of


the offended party and the offender committed the

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crime against the latter, there was ABUSE OF
CONFIDENCE; and
(2) when the offender forced his way into the dwelling
of the offended party to commit the crime therein,
there was VIOLATION OF THE SANCTITY OF THE
HOME.

Dwelling is not aggravating in the following


instances;

1) When the offended party in his dwelling gave


sufficient and immediate provocation to the
offender.

The offended party loses his right to be


respected in his home, because he gave sufficient
provocation to the offender. But the provocation
contemplated has three requisites:
(a) it must be given in his dwelling;
(b) it must be sufficient; and
(c) it must be immediate.

2) When both the offender and the offended party


are occupants of the same dwelling.
3) When dwelling is inherent in the crime, such as in
robbery with force upon things and in trespass to
dwelling.

Pursuant to the 2000 Rules on Criminal


procedure specifically Rule 110 qualifying
aggravating circumstances as well as ordinary or

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generic aggravating circumstances must be alleged
in the information in order to be appreciated.

WHO ARE CRIMINALLY LIABLE?

Ans.: The following are criminally liable for grave and less
grave felonies:
1) Principals.
2) Accomplices.
3) Accessories.

The following are liable for light felonies:

1) Principals.
2) Accomplices.

WHO ARE CONSIDERED AS PRINCIPALS?

The following are considered principals:

(1)Those who take a direct part in the execution of the act;


(2)Those who directly force or induce others to commit it;
(3)Those who cooperate in the commission of the offense
by another act without which it would not have been
accomplished (Art. 17, RPC).

Three Kinds of Principals:

1. Principal by Direct Participation (PDP) - Those who take a


direct part in the execution of the act.

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2. Principal by Induction (PI) - Those who directly force or
induce others to commit a crime.
3. Principal by Indispensable Cupertino (PIC) - Those who
cooperate in the commission of the offense by another
act without which the crime would not have been
accomplished.

PRINCIPAL BY DIRECT PARTICIPATION

The principal by direct participation personally takes part in


the execution of the act constituting the crime. For example, one
who with intent to gain, personally shoots another is liable as
principal by direct participation in the crime of homicide or one
who burns the house of another is a principal by direct
participation in the crime of arson.

Nota Bene:
Two or more persons may take direct part in
the execution of the act, in which case they may be
principals by direct participation, provided, the
following requisites are present:

(1) That they participated in the criminal


resolution. Absent this requisite, the
offender cannot be made liable as principal.
(2) That they carried out their plan and
personally took part in its execution by acts,
which directly tended to the same end.

PRINCIPAL BY INDUCTION

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Becomes liable only as such when the principal by
direct participation committed the act induced.

Requisites:

In order that a person may be convicted as principal


by inducement, the following requisites must be present:

1. That the inducement be made directly with the


intention of procuring the commission of the crime; and
2. That such inducement be the determining cause
of the commission of the crime by the material executor.

Two Ways of Becoming a Principal by Induction

1. By directly forcing another to commit a crime, either


(a) by using irresistible force, or
(b) by causing uncontrollable fear.

2. By directly inducing another to commit a crime, either


(a) by giving price, or offering reward or promise,
or
(b) by using words of command.

PRINCIPAL BY INDISPENSABLE COOPERATION

Cooperates with the principal by direct participation.

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Requisites:

1. Participation in the criminal resolution, that is, there is


either anterior conspiracy or unity of criminal purpose and
intention immediately before the commission of the crime
charged; and

2. Cupertino in the commission of the offense by performing


another act without which the crime would not have been
accomplished.

Nota Bene:

Determine the cooperation rendered by the


offender whether dispensable or indispensable. If
indispensable, liable as principal by indispensable
cooperation, but if the cooperation is dispensable,
liable as an accomplice.

WHO ARE CONSIDERED AS ACCOMPLICES?

Accomplices are those who, not being principals cooperate


in the execution of the offense by previous or simultaneous acts
(Art. 18, RPC).

Requisites:

In order that a person may be considered as accomplice,


the following requisites must concur:

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1. There must be a community of design; that is, knowing
the criminal design of the principal by direct participation, he
concurs with the latter in his purpose;
2. He cooperates in the execution of the offense by previous
or simultaneous acts, with the intention of supplying material or
moral aid in the execution of the crime in an efficacious way; and
3. There must be a relation between the acts done by the
principal and those attributed to the person charged as
accomplice.

Examples of Cooperation by an Accomplice

1. By Previous Act -- Lending of a dagger or pistol to the


murderer, knowing the latter’s criminal purpose.

2. By Simultaneous Act – The defendant who held one of


the hands of the victim and tried to take away the latter’s revolver,
while his co-defendant was attacking him, is an accomplice for he
cooperates in the execution of the crime by simultaneous act
without any previous agreement or understanding.

Nota Bene:

1. An accomplice is neither a principal nor an


accessory but who cooperates with the principal by
direct participation by previous or simultaneous acts.
2. An accomplice concurs or approves the act
of the principal by direct participation and performs

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other acts showing his conformity to the act of the
principal by direct participation.
3. An accomplice is not a part of the plan or
conspiracy.
4. The act or acts of the accomplice must be
lesser than the act or acts done by the principal by
direct participation, that is, they must not be equal to
or graver than the act or acts of the principal by
direct participation.
5. The cooperation of the accomplice is only
necessary, not indispensable.

How an Accomplice Acquires Knowledge of the Criminal


Design of the Principal?

1. When the principal informs or tells the accomplice of the


former’s criminal purpose.
2. When the accomplice saw the criminal acts of the principal.

Distinction between Conspirators and Accomplices

1. Conspirators and accomplices have one thing in common;


they know and agree with the criminal design. Conspirators,
however, know the criminal intention because they
themselves have decided upon such course of action.
Accomplices come to know about after the principals have
reached a decision and only then do they agree to
cooperate in its execution.

2. Conspirators decide that a crime should be committed;


accomplices merely concur in it. Accomplices do not decide

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whether a crime should be committed, they merely assent to
the plan and cooperate in its accomplishment.

3. Conspirators are the authors of the crime; accomplices are


merely their instruments who perform acts not essential to
the perpetration o the offense.

WHO ARE CONSIDERED AS ACCESSORIES?

Accessories are those who having knowledge of the


commission of the crime, and without having participated therein,
either as principals or accomplices, take part subsequent to its
commission in any of the following manners:

(1) By profiting themselves or assisting the offender to profit


by the effects of the crime.
(2) By concealing or destroying the body of the crime, or the
effects or instruments thereof, in order to prevent its
discovery.
(3) By harboring, concealing or assisting in the escape of the
principal of the crime, provided the accessory acts with
abuse of his public functions or whenever the author of
the crime is guilty of treason, parricide, murder, or an
attempt to take the life of the Chief Executive, or is
known to be habitually guilty of some other crime (Art.
19, RPC).

Paragraph 3 of Article 19 contemplates two kinds of


accessories. They are:

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1. Public officers who harbor, conceal or assist in the escape of
the principal of ANY CRIME (except for light felony) with the
abuse of his pubic functions.

Requisites:

(a) The accessory is a public officer.


(b) He harbors, conceals, or assists in the escape of
the principal;
(c)The public officer acts with abuse of his public
functions.
(d) The crime committed by the principal is any
crime, provided it is not a light felony.

2. Private persons who harbor, conceal or assist in the escape of


the author of the crime or the principal:

(1) who is guilty of (a) treason, (b) parricide, (c) murder, or


(d) an attempt against the life of the Chief Executive, or
(2) who is known to be habitually guilty of some other crime.

Nota Bene:

The accessory, to be liable, must have knowledge


that the principal is habitually guilty of some other
crime.

Presidential Decree No. 1612 (Anti-Fencing Law of


1979)

FENCING. DEFINED (Sec. 2, par. A, PD 1612)

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The act of any person who, with intent to gain
for himself or for another shall buy, receive, possess,
keep, acquire, conceal, sell or dispose of, or shall
buy and sell, or in any other manner deal in any
article, item, object or anything of value which he
knows or should be known to him, to have been
derived from the proceeds of the crime of robbery or
theft.

FENCE, DEFINED (Sec. 2, par. B)

Any person, firm, association, corporation or


partnership or other organization who/which commits
the act of fencing.

WHO ARE THE ACCESSORIES THAT ARE EXEMPT


FROM CRIMINAL LIABILITY? IS THERE ANY
EXECPTION?

Those accessories with respect to their spouses,


ascendants, descendants, legitimate, natural, and adopted
brothers and sisters, or relatives by affinity within the same
degrees.
The only exception is those accessories who incurred such
liability by profiting themselves or assisting the offender to profit
by the effects of the crime. These accessories are criminally liable
even if the principal be their spouse, ascendant, descendant,
legitimate, natural and adopted brother or sister, or relative by
affinity with in the same degree (Art. 20, RPC).

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Notes:

1. An accessory is exempt from criminal liability, when the


principal is his--
(a) spouse, or
(b) ascendant, or
(c)descendant, or
(d) legitimate, natural or adopted brother or sister, or
(e) relative by affinity within the same degrees.

2. Nephew or niece not included among such relatives.


3. Accessory is not exempt from criminal liability even if the
principal is related to him, if such accessory:

(a) profited by the effects of the crime, or


(b) assisted the principal to profit by the effects of the
crime.

PENALTIES

Can you punish an act which is not defined and penalized


by any statute at the time of its commission?

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No. Article 21 of the Revised Penal Code provides that “No
felony shall be punishable by any penalty not prescribed by law
prior to its commission.

The penalties under the Revised Penal Code have three-fold


purposes, namely:

1. Retribution of Expiation – the penalty is commensurate with


the gravity of the offense.
2. Correction or Reformation – those penalties consisting
deprivation of liberty.
3. Social Defense – shown by its inflexible severity to
recidivists and habitual delinquents.

May penal laws be given retroactive effect or application?

Yes. Penal laws shall have retroactive effect insofar as they


favor the persons guilty of a felony, who is not a habitual criminal,
although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving the
same (Art. 22, RPC).

What is the effect of pardon given by the offended party?

A pardon by the offended party does not extinguish criminal


action, but civil liability with regard to the interest of the injured
party is extinguished by the express waiver of the offended party
(Art. 23, RPC).
However, if the pardon is given prior to the institution of the
criminal action, it shall extinguish criminal liability

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What are the measures of prevention or safety which are
not considered penalties?

The following shall not be considered as penalties:

(1)The arrest and temporary detention of accused persons,


as well as their detention by reason of insanity or
imbecility, or illness requiring their confinement in a
hospital.
(2)The commitment of a minor:

(a) to a public or private, benevolent or charitable


institution, established under the law for the care,
correction or education of orphaned, homeless,
defective, and delinquent children, or
(b) to the custody or care of any other responsible person
in any other place subject to the visitation and
supervision by the Director of Public Welfare or any of
his agents or representatives, if there be any, or
otherwise by the Superintendent of Public Schools or
his representatives.

(3)Suspension from the employment or public office during


the trial or in order to institute proceedings.
(4)Fines and other corrective measures which, in the
exercise of their administrative disciplinary powers,
superior officials may impose upon their subordinates.
(5)Deprivation of rights and the reparations which the civil
laws may establish in penal form.

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What are the different classes of penalties which may be
imposed under the Revised Penal Code?

The different classes of penalties which may be imposed


under the Revised Penal Code are the following:

1. PRINCIPAL PENALTIES

(1)Capital Punishment
Death
(2)Afflictive Penalties
Reclusion Perpetua
Reclusion Temporal
Perpetual or Temporary Absolute Disqualification
Perpetual or Temporary Special Disqualification
Prision Mayor
Fine
Bond to Keep the Peace
(3)Correctional Penalties
Prision Correccional
Arresto Mayor
Suspension
Destierro
Fine
Bond to Keep the Peace
(4)Light Penalties
Arresto Menor
Public Censure

Nota Bene: Penalties common to Afflictive penalties,


Correctional Penalties and Light penalties are:

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(1) Fine, and
(2) Bond to Keep the Peace

2. ACCESSORY PENALTIES

(1)Perpetual or temporary absolute disqualification


(2)Perpetual or temporary special disqualification
(3)Suspension from public office, the right to vote and be
voted for, the profession or calling
(4)Civil interdiction
(5)Indemnification
(6)Forfeiture or confiscation of instruments and proceeds of
the offense
(7)Payment of costs (Art. 25, RPC).

When is a penalty considered afflictive, correctional, or


light?

A fine whether imposed as a single or as an alternative


penalty shall be considered:

(a) an afflictive penalty, if it exceeds 6,000 pesos;


(b) a correctional penalty, if it does not exceed 6,000
pesos but is not less than 200 pesos; and
(c) light penalty if it be less than 200 pesos (Art. 26, RPC).

DURATION OF PENALTIES (Art. 27, RPC as amended by RA


7659)

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Reclusion Perpetua – 20 years and 1 day to 40 years
Reclusion Temporal – 12 years and 1 day to 20 years
Prision Mayor and Temporary Disqualification – 6 years and
1 day to 12 years, except when the penalty of disqualification is
imposed as an accessory penalty, in which case, its duration shall
be that of the principal penalty.
Prision Correccional, Suspension, and Destierro – 6 months
and 1 day to 6 years, except when suspension is imposed as an
accessory penalty, in which case, its duration shall be that of the
principal penalty.
Arresto Mayor – 1 month and 1 day to 6 months
Arresto Menor – 1 day to 30 days
Bond to Keep the Peace – The bond to keep the peace shall be
required as to cover such period of time as the court may
determine.

COMPUTATION OF PENALTIES

Rules:

1. If offender be in prison, the term of the duration of the


temporary penalties shall be computed from the day on
which the judgment of conviction shall have become final

2. If the offender be not in prison, the term of the duration of


the penalty consisting of deprivation of liberty shall be
computed from the day that the offender is placed at the

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disposal of the judicial authorities for the enforcement of the
penalty.

3. The duration of other penalties shall be computed only from


the day on which the defendant commences to serve his
sentence (Art. 28, RPC).

When may the period of preventive imprisonment be


allowed to be deducted from the term of imprisonment?

Offenders who have undergone preventive imprisonment


shall be credited in the service of their sentence consisting of
deprivation of liberty,

(a)with the full time during which they have undergone


preventive imprisonment, if the detention prisoner agrees
voluntarily in writing to abide by the same disciplinary
rules imposed upon convicted prisoners; or

(b)four-fifths (4/5) of the time during which he has


undergone preventive imprisonment if the detention
prisoner does not agree to abide by the same disciplinary
rules imposed upon convicted persons (Art. 29, RPC as
amended by RA 6127).

Requisites:

1. The sentence imposed by the court consists of deprivation


of liberty or imprisonment;

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2. The offender has undergone preventive imprisonment
during the pendency of the criminal proceeding until the
finality of the judgment; and

3. The detention prisoner agrees voluntarily in writing to abide


by the same disciplinary rules imposed upon convicted
prisoners.

Who are not entitled to be credited with the full time or


four-fifths of the time of preventive imprisonment?

The following offenders are not entitled to be credited either


with the full time or four-fifths of the time of preventive
imprisonment:

1. Recidivist, or those convicted previously twice or more times


of any crime; and
2. Those who, upon being summoned for the execution of the
their sentence have failed to surrender voluntarily (Art. 29,
RPC).

Rule When Preventive Imprisonment for a Period Equal to


or more than the Possible Maximum Imprisonment

Whenever the accused has undergone preventive


imprisonment or a period equal to or more than the possible
maximum imprisonment of the offense charged to which he may
be sentenced and his case is not yet terminated, he shall be
released immediately without prejudice to the continuation of the
trial thereto or the proceeding on appeal, if the same is under
review (Art. 29, RPC as amended by EO 214, July 10, 1987).

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Rule in Case the Maximum Penalty is Destierro

In case the maximum penalty to which the accused may be


sentenced is Destierro, he shall be released after 30 days of
preventive imprisonment (Ibid).

EFFECTS OF THE PENALTIES ACCORDING TO THEIR


RESPECTIVE NATURE

What are the effects of the penalties of Perpetual or


Temporary Absolute Disqualification?

The penalties of perpetual or temporary absolute


disqualification for public office shall produce the following effects:

1. The deprivation of the public offices and employment


which the offender may have held, even if conferred by popular
election.
2. The deprivation of the right to vote in any election for any
popular office or to be elected to such office. In case of temporary
disqualification, the disqualification shall last during the term of
the sentence.
3. The disqualification for the offices or public employment’s
and for the exercise of any of the rights mentioned. In case of
temporary disqualification, the disqualification shall last during the
term of the sentence.

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4. The loss of all rights to retirement pay or other pension for
nay office formerly held (Art. 30, RPC).

What are the effects of the penalties of perpetual or


temporary special disqualifications?

The penalties of perpetual or temporary special


disqualification for public office, profession or calling shall produce
the following effects:

1. The deprivation of the office, employment, profession or


calling affected.
2. The disqualification or holding similar offices or
employments either perpetually or during the term of the sentence
according to the extent of such disqualification (Art. 31, RPC).

What are the effects of the penalties of perpetual or


temporary special disqualification for the exercise of the
right of suffrage?

The perpetual or temporary special disqualification for the


exercise of the right of suffrage shall:
(a)deprive the offender perpetually or during the term of the
sentence, according to the nature of said penalty, of the
right to vote in any popular election for any public office or to
be elected to such office; and
(b)the offender shall not be permitted to hold any public office
during the period of his disqualification (Art. 32, RPC).

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What are the effects of the penalties of suspension from
any public office, profession or calling, or the right of
suffrage?

The penalties of suspension from any public office,


profession or calling, or the right of suffrage shall disqualify the
offender from holding such office or exercising such profession or
calling or right of suffrage during the term of the sentence.
The person suspended from holding public office shall not
hold another having similar functions during the period of his
suspension (Art. 33, RPC).

What are the effects of civil interdiction?

Civil interdiction shall deprive the offender during the time of


his sentence of the rights of parental authority, or guardianship,
either as to the person or property of the ward, of marital
authority, of the right to manage his property and of the right to
dispose of such property by any act or any conveyance inter
vivos (Art. 34, RPC).

What are the effects of bond to keep the peace?

It gives the person sentenced to give bond to keep the


peace the duty to present two sufficient sureties who:
(a) shall undertake that such person will not commit the
offense sought to be prevented, and
(b) in case such offense be committed they will pay the
amount determined by the court in the judgment, or

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otherwise to deposit such amount in the office of the clerk of
the court to guarantee said undertaking (Art. 35, RPC).

What is the effect if the person sentenced failed to give the


bond required by the court?

Should the person sentenced fail to give the bond as


required he shall be detained for a period which:
(a) shall in no case exceed six (6) months, if he shall have
been prosecuted or a grave or less grave felony, and
(b) shall not exceed thirty (30) days if for a light felony (Art. 35,
RPC).

What is the period of duration of the bond?

The period of duration of the bond depends upon the


discretion of the court. The court shall determine, according to its
discretion, the period of duration of the bond (Art. 35, RPC).

What are the effects of pardon given by the President in


the exercise of his pardoning power?

The pardon given by the President have the following


effects:

(1) It shall not work the restoration of the right to hold pubic
office, or the right of suffrage except when such rights were
expressly restored by the terms of the pardon, and
(2) It shall in no case exempt the culprit from the payment of
the civil indemnity imposed upon him by the sentence (Art
36, RPC).

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What are included in the costs of the proceeding in criminal
cases?

Costs shall include fees and indemnities in the course of the


judicial proceedings, whether they be fixed or unalterable
amounts previously determined by law or regulations in force, or
amounts not subject to schedule (Art. 37, RPC).

What are pecuniary liabilities of a person guilty of a crime?

The pecuniary liabilities of the offender are the following:


(1)The reparation of the damage caused;
(2)Indemnification of consequential damages;
(3)The Fine; and
(4)The cost of the proceedings.

What is the order of payment in case the property of the


offender is not sufficient for the payment of all his
pecuniary liabilities?

In case the property of the offender is not sufficient for the


payment of all his pecuniary liabilities, the same shall be met in
the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.

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When should this order of payment be availed of?

The order of payment provided for under Art. 28 of the


Revised Penal Code should be availed of only when the offender
is insolvent or his property is not sufficient for the payment of all
his pecuniary liabilities.

What is subsidiary penalty?

Subsidiary penalty is a subsidiary personal liability to be


suffered by the convict who has no property with which ti meet the
pecuniary liabilities for the reparation of the damage caused,
indemnification of consequential damages, and fine, at the rate of
one day for each 8.00, subject to the rules provided for by law.

Is subsidiary penalty deemed imposed in case the convict


could not pay certain pecuniary liabilities by reason of
insolvency? Explain.

No, subsidiary penalty must be expressly imposed by the


Court in order that the convict may be required to serve it. It is not
an accessory penalty. It is imposed upon the accused and served
by him in lieu of certain pecuniary liabilities which he fails to pay
on account of insolvency.

What are the rules relative to subsidiary penalty?

The rules are:


1. If the penalty imposed if Prision Correccional or arresto and
fine – subsidiary imprisonment, not to exceed 1/3 of the term

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of the sentence, and in no case to continue for more than
one year. Fraction or part of a day, not counted.
2. When the penalty imposed is fine only – subsidiary
imprisonment, not to exceed 6 months, if the offense is
grave or less grave felony; and not to exceed 15 days, if
light felony.
3. When the penalty imposed is higher than prision
correccional – no subsidiary imprisonment.
4. If the penalty imposed is not by confinement, but of fixed
duration – the nature of the subsidiary penalty is the same
as that of the principal penalty under the same rules in
number 1, 2, and 3 above.
5. In case the financial circumstances of the convict should
improve he shall pay the fine (Art. 39, RPC as amended by
RA 5465, April 21, 1969).

Notes:

In what case is there no subsidiary penalty, even if the offender


cannot pay the pecuniary liabilities by reason insolvency?

Even if the offender cannot pay the pecuniary liabilities by


reason of insolvency, the offender cannot be required to undergo
subsidiary penalty in the following instances:

1. When the penalty imposed is higher than Prision


correccional, such as Prision mayor, Reclusion temporal
and Reclusion perpetua. In this case, there is no subsidiary
penalty.
2. For failure to pay the costs of the proceedings there is no
subsidiary penalty.

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3. When the penalty imposed is fine and a penalty not to be
executed by confinement in a penal institution and has no
fixed duration, there is no subsidiary penalty.

Nota Bene:

Subsidiary penalty is possible only when any of


the following penalties is imposed:
(1)prision correccional;
(2)suspension and fine;
(3)destierro
(4)arresto mayor;
(5)arresto menor; and
(6)fine only.

What is the maximum duration of the subsidiary


penalty?

If the penalty imposed is prision correccional or arresto


mayor and fine it shall not exceed one-third (1/3) of the term of
the sentence, and in no case shall it continue for more than one
(1) year.
But if the penalty imposed if fine only, it shall not exceed
six (6) months, if the offender is prosecuted for grave or less
grave felony; and not more than fifteen (15) days, if prosecuted
for a light felony.

In what does the subsidiary penalty consist?

Subsidiary penalty does not always consist of


imprisonment.

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If the penalty imposed is prision correccional or arresto
mayor and fine, the subsidiary penalty shall consist in
imprisonment.
If the penalty imposed is destierro, the subsidiary penalty
is also destierro.
If the penalty imposed is suspension, the subsidiary
penalty is also suspension.

What is an accessory penalty?

An accessory penalty is that penalty which is deemed


included in the imposition of the principal penalty.

What are the accessory penalties of death?

If the penalty of death is executed, it has no accessory


penalties for obvious reasons.
If the penalty of death not executed by reason of
commutation or pardon, its accessory penalties are (1) perpetual
absolute disqualification, and (2) civil interdiction during thirty (30)
years EXCEPT when such accessory penalties have been
expressly remitted in the pardon (Art. 40, RPC).

What are the accessory penalties of Reclusion Perpetua


and Reclusion Temporal?

The accessory penalties of Reclusion Perpetua and


Reclusion Temporal are (1) civil interdiction for life or during the
period of the sentence as the case may be, and (2) perpetual
absolute disqualification which the offender shall suffer even
though pardoned as to the principal penalty EXCEPT when such

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accessory penalties have been expressly remitted in the pardon
(Art. 41, RPC).

What are the accessory penalties of Prision Mayor?

The accessory penalties of prision mayor are (1) temporary


absolute disqualification, and (2) perpetual special disqualification
from the right of suffrage which the offender shall suffer although
pardoned as to the principal penalty EXCEPT when such
accessory penalties have been expressly remitted in the pardon
(Art. 42, RPC).

What are the accessory penalties of Prision Correccional?

The accessory penalties of prision correccional are (1)


suspension from public office, from the right to follow a profession
or calling, and (2) perpetual special disqualification from the right
of suffrage, if the duration of said imprisonment shall exceed
eighteen (18) months even though pardoned as to the principal
penalty EXECPT when such accessory penalties have been
expressly remitted in the pardon (Art. 43, RPC).

What are the accessory penalties of arresto?

The accessory penalties of arresto are (1) suspension of the


right to hold office, and the right of suffrage during the term of the
sentence (Art. 44, RPC).

Note:

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Every penalty imposed for the commission of a felony
carries with it the forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed.

What should be done to the proceeds, instruments or


tools?

Such proceeds and instruments or tools are confiscated and


forfeited in favor of the Government EXCEPT when such property
belongs to a third person not liable for the offense.
Those articles which are not subject of lawful commerce
shall be destroyed (Art. 45, RPC).

Is subsidiary penalty an accessory penalty?

No. Subsidiary penalty is a personal penalty prescribed by


law I substitution of the pecuniary liability when the latter cannot
be satisfied because of the culprit’s insolvency. Hence, subsidiary
imprisonment cannot be served unless the judgment so provides
in case the accused is insolvent (People vs. Fajardo, 65 Phil.
539).

APPLICATION OF PENALTIES

Generally, the Penalty Imposed by Law is to be Imposed


Upon Principals

The penalty prescribed by law for the commission of a


felony shall be imposed upon the principals in the commission of
such felony (Art. 46, RPC).

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Penalty Imposed Applies to Consummated Felony

Whenever the law prescribed a penalty for a felony in


general terms, it shall be understood as applicable to the
consummated felony (Art. 46, RPC).

WHAT IS A COMPLEX CRIME?

A complex crime is one where a single act constitutes two or


more grave or less grave felonies or where an offense is a
necessary means for committing the other (Art. 48, RPC).

Two Kinds of Complex Crime

(1) Delito Compuesto or Compound Crime - When a single


act constitutes two or more grave or less grave felonies.

(2) Delito Complejo or Complex Crime Proper - When an


offense is a necessary means for committing the other.

Nota Bene: A complex crime is only one crime as


contemplated by law because the offender has only
one criminal intent.

DELITO COMPUESTO (Compound Crime)

Requisites:

1. That only a single act is performed by the offender.

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2. That the single act produces two or more grave or less
grave felonies.

Examples: Murder with Homicide, Homicide with Frustrated


Homicide

DELITO COMPLEJO (Complex Crime Proper)

Requisites:

1. That at least two offenses are committed.


2. That one or some of the offenses must be necessary means
for committing the other.
3. That both or all the offenses must be punished under the
same statute.

Examples: Estafa through falsification of commercial


documents.
Malversation through falsification of a public document.

Nota Bene:

No complex crime when one of the offenses was


committed for the purpose of concealing the commission
of the other.

Example:

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After committing homicide, the accused in order to
conceal the crime, set fire to the house where it had been
perpetrated.

Setting fire to the house is arson (Art 321). But in


this case, neither homicide nor arson was necessary to
commit the other. Hence, the offender committed two
separate crimes of Homicide and Arson.

No complex crime where the offense is penalized by


a special law.

In the case of Reocdica versus Court of Appeals, a


grave or less grave felony cannot be complex with a light
felony. The light felony should be separated, no to be
complexed.

PENALTY TO BE IMPOSED IN CASE OF COMPLEX


CRIMES

The penalty for the more or most serious crime shall be


imposed, the same to be applied in its maximum period (Art. 48,
RPC).

Nota Bene:

The penalty to be imposed in case of complex crime


is the penalty imposable to the gravest offense
notwithstanding the presence of mitigating circumstances.
This is so because the maximum of the maximum cannot
be offset by any mitigating circumstance.

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This does not mean however that the Indeterminate
Sentence Law does not apply to complex crimes. As long
as the case does not belong to the exceptions provided
for under Sec. 2 of Act 4103 as amended (Indeterminate
Sentence Law), the provisions of such law shall be
applied. However, in fixing the maximum penalty
imposable to the offender, the maximum shall be imposed
regardless of the presence of any mitigating
circumstance.

Penalty to be Imposed upon the Principals when the Crime


Committed is Different from That Intended

In cases in which the felony committed is different from that


which the offender intended to commit, the following rules shall be
observed:

(1) If the penalty prescribed for the felony committed be


higher than that corresponding to the offense which the
accused intended to commit – the penalty corresponding
to the offense which the accused intended to commit shall
be imposed in its maximum period.
(2) If the penalty prescribed for the felony committed be
lower than that corresponding to the one, which the
accused intended to commit – the penalty prescribed for
the felony committed shall be imposed in its maximum
period.
(3) The rule established by the next preceding paragraph
shall not be applicable if the acts committed by the guilty
person shall also constitute an attempt or frustration of

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another crime, if the law prescribes a higher penalty for
either of the latter offenses, in which case the penalty
provided for the attempted or the frustrated crime shall be
imposed in its maximum period (Art. 49, RPC).
Nota Bene:

Art. 49 does not apply to aberratio ictus because I


this hypothesis there is a complex crime and Art. 48
applies.

It does not apply also to praeter intentionem,


because in this hypothesis, the crime befalls the same
person, whereas Art. 49 has no application to cases
where a more serious consequence not intended by the
offender befalls the same person (People versus
Alburquerque, 59 Phil. 150).

ARTICLES 50 - 57

Penalty to be imposed upon PRINCIPALS of a


FRUSTRATED CRIME:

The penalty next lower in degree than that prescribed by law


for the consummated felony shall be imposed upon the principal in
a frustrated felony (Art. 50, RPC).

Penalty to be imposed upon PRINCIPALS of ATTEMPTED


CRIMES:

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A penalty lower by two degrees than that prescribed by law
for the consummated felony shall be imposed upon the principals
in an attempt to commit a felony (Art. 51, RPC).

Nota Bene:

Art. 250. Penalty for frustrated parricide, murder or


homicide. – The courts in view of the facts of the case
may impose upon the person guilty of the frustrated crime
of PARRICIDE, MURDER or HOMICIDE… a penalty
lower by one degree than that which should be imposed
under the provisions of Art. 50.

The courts, considering the facts of the case may


likewise reduce by one degree the penalty which under
Art. 51 should be imposed for an attempt to commit any of
such crimes (Art. 250, RPC).

Question: May the court impose a penalty lower by


two degrees than hat prescribed by law for the
consummated felony upon the principal in a
frustrated felony?

Answer: Yes. The court, in view of the facts of the case,


may impose upon the person guilty of the frustrated crime
of parricide, murder or homicide a penalty lower by one
degree than that which should be imposed under the
provisions of Art. 50 (Art. 250, RPC).

Inasmuch as Art. 50 provides that the penalty next


lower in degree than that prescribed by law for the

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consummated felony shall, and Art. 250 provides that the
court may impose a penalty lower by one degree than that
which should be imposed under Art. 50, it is clear that the
court can impose a penalty lower by two degrees.

Question: May the court impose a penalty lower by


three degrees than that prescribed by law for the
consummated felony upon the principal in an
attempted felony?

Answers: Yes. The court, considering the facts of the


case, may likewise reduce by one degree the penalty
which under Art. 51 should b imposed for an attempt to
commit any of such crimes (Art. 250, 2nd par.).

Inasmuch as Art. 51 provides that a penalty lower by


two degrees than that prescribed b law for the
consummated felony shall be imposed upon the principal
in an attempt to commit a felony, and Art. 250 provides
that the court may reduce by one degree the penalty
which under Art. 51 should be imposed for a attempt to
commit the crime of parricide, murder or homicide, it is
clear that he court can impose a penalty lower by three
degrees.
Note that Art. 250 only applies in three crimes,
namely: (1) PARRICIDE, (2) MURDER, and (3)
HOMICIDE.

Penalty to be imposed upon ACCOMPLICES in a


CONSUMMATED CRIME:

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The penalty next lower in degree than that prescribed by law
for the consummated felony shall be imposed upon the
accomplices in the commission of a consummated felony (Art. 52,
RPC).

Penalty to be imposed upon ACCESSORIES to the


commission of a CONSUMMATED FELONY:
The penalty lower by two degrees than that prescribed by
law or the consummated felony shall be imposed upon the
accessories to the commission of a consummated felony (Art 53,
RPC).

Penalty to be imposed upon ACCOMPLICES in a


FRUSTRATED CRIME:
The penalty next lower in degree than that prescribed by law
for the frustrated felony shall be imposed upon the accessories to
the commission of a frustrated felony (Art. 54, RPC).

Penalty to be imposed upon ACCESSORIES of a


FRUSTRATED CRIME:
The penalty lower by two degrees than that prescribed by
law for the frustrated felony shall be imposed upon the
accessories to the commission of a frustrated felony (Art. 55,
RPC).

Penalty to be imposed upon ACCOMPLICES in an


ATTEMPTED CRIME:
The penalty next lower in degree than that prescribed by law
for an attempt to commit a felony shall be imposed upon the
accomplices I an attempt to commit the felony (Art. 56, RPC).

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Penalty to be imposed upon accessories of an ATTEMPTED
CRIME:
The penalty lower by two degrees than that prescribed by
law for the attempted felony shall be imposed upon the
accessories to the attempt to commit a felony (Art. 57, RPC).

Exception to Arts. 50 – 57:


The provisions contained in Articles 50 to 57 shall not be
applicable to cases in which the law expressly prescribes the
penalty provided for a frustrated or attempted felony, or to be
imposed upon accomplices or accessories (Art. 60, RPC).

Additional penalty to be imposed upon certain accessories:

Those accessories falling within the terms of paragraph 3,


Art 19 of the RPC who should act with abuse of their public
functions, shall suffer the additional penalty for absolute perpetual
disqualification of the principal offender hall e guilty of a grave
felony, ad that of absolute temporary disqualification if he shall be
guilty of a less grave felony (Art. 58, RPC).

RULES FOR GRADUATING PENALTIES

For the purpose of graduating the penalties which according


to the provisions of Arts. 50 – 57 are to be imposed upon persons
guilty as principals of any frustrated or attempted felony, or as
accomplices or accessories, the following rules shall be observed:

1. When the penalty prescribed for the felony is single and


indivisible, the penalty next lower in DEGREE shall be that

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immediately following that indivisible penalty in the
respective graduated scale prescribed in Art. 71.
2. When the penalty prescribed for the crime is composed
of two indivisible penalties, or of one or more divisible
penalties to be imposed to heir full extent, the penalty next
lower in degree shall be that immediately following the lesser
of the penalties prescribed in the respective graduated scale.
4. When the penalty prescribed for the crime is composed of
one or two indivisible penalties and the maximum period of
another divisible penalty, the penalty next lower in degree
shall be composed of three medium and minimum periods of
the proper indivisible penalty and the maximum period of that
immediately following in said respective graduated scale.
5. When the penalty prescribed for the crime is composed of
several periods, corresponding to different divisible
penalties, the penalty next lower in degree shall be
composed of the period immediately following, which shall
be taken from the penalty prescribed, if possible; otherwise
from the penalty immediately following in the above
mentioned respective graduated scale.
6. When the law prescribes a penalty for a crime in some
manner not especially provided for in the four preceding
rules, the courts proceeding by analogy, shall impose
corresponding penalties upon those guilty as principals of
the frustrated felony, or of attempt to commit the same, and
upon accomplices and accessories (Art. 61, RPC).

What is a degree in relation to the penalties provided by the


Revised Penal Code?

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A degree is one unit penalty or one of the penalties
enumerated in the graduated scales in Art. 71 of the Revised
Penal Code.
Thus, Scale No. 1 of said article mentions the penalties in
the following order:

1. Death,
2. Reclusion Perpetua,
3. Reclusion Temporal,
4. Prision Mayor,
5. Prision Correccional,
6. Arresto Mayor,
7. Destierro,
8. Arresto Menor,
9. Public Censure,
10. Fine.

One of them is a degree in relation to the others. Prision


mayor is one degree lower from reclusion temporal. Prision
correccional is two degrees lower from reclusion temporal.

Effects of the attendance of mitigating or aggravating


circumstances and of habitual delinquency:

Mitigating or aggravating circumstances and habitual


delinquency shall be taken into account for the purpose of
diminishing or increasing the penalty in conformity with the
following rules:

1. Aggravating circumstances which in themselves


constitute a crime especially punishable by law or which are

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included by the law in defining a crime and prescribing the
penalty therefor shall not be taken into account for the
purpose of increasing the penalty.

(a). When in the commission of the crime, advantage was


taken by the offender of his public position, the penalty to be
imposed shall be in its maximum regardless of mitigating
circumstances. The maximum penalty shall be imposed if the
offense was committed by any person who belongs to an
organized/syndicated crime group.

An organized/syndicated crime group means a group


of two or more persons collaborating, confederating or
mutually helping one another for purposes of gain in the
commission of any crime.

2. The same rule shall apply with respect to any


aggravating circumstances inherent in the crime to such a
degree that it must of necessity accompany the commission
thereof.

3. Aggravating or mitigating circumstances which arise


from the moral attributes of the offender, or from his private
relations with the offended party, or from any other personal
cause, shall only serve to aggravate or mitigate the liability of
the principals, accomplices and accessories as to whom
such circumstances are attendant.

4. The circumstances which consist in the material


execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate the liability

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of those persons only who had knowledge of them at the
time of the execution of the act or their cooperation therein.

5. Habitual delinquency shall have the following effects:

(a) Upon a third conviction the culprit shall be sentenced to


the penalty provided by law for the last crime of which he
be found guilty and to the additional penalty of prision
correccional in its medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to
the penalty provided for the last crime of which he be
found guilty and to the additional penalty of prision mayor
in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be
sentenced to the penalty provided for the last crime of
which he be found guilty and to the additional penalty of
prision mayor in its maximum period to reclusion
temporal in its minimum period.

Notwithstanding the provisions of this Article, the total


of the two penalties to be imposed upon the offender, in
conformity herewith, shall in no case exceed 30 years.

For the purpose of this article, a person shall be deemed


to be habitual delinquent, if within a period of ten (10) years
from the date of his release or last conviction of the crimes of
serious or less serious physical injuries, robo, hurto, estafa or
falsification, he is found guilty of any of said crimes a third time or
oftener (Art. 62, RPC as amended by RA 7659).

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Rules for the application of indivisible penalties

In all cases in which the law prescribed a single indivisible


penalty, t shall be applied by the courts regardless of any
mitigating or aggravating circumstances that may have attended
the commission of the deed.

In all cases in which the law prescribes a penalty composed


of two indivisible penalties, the following rules shall be observed
in the application thereof:

(1) When in the commission of the deed there is present


only one aggravating circumstance, the greater penalty
shall be applied.
(2) When there are neither mitigating nor aggravating
circumstances in the commission of the deed, the lesser
penalty shall be applied.
(3) When the commission of the act is attended by some
mitigating circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.
(4) When the litigating and aggravating circumstances
attended the commission of the act, the court shall
reasonably allow them to offset one another in
consideration of their number and importance, for the
purpose of applying the penalty in accordance with the
preceding rules, according to the result of such
compensation (Art. 63, RPC).

Rules for the application of penalties which contain three


periods:

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In cases in which the penalties prescribed by law contain
three periods, whether it be a single divisible penalty or composed
of three different penalties, each one of which forms a period in
accordance with the provisions of Arts. 76 and 77, the court shall
observe for the application of the penalty the following rules,
according to whether there are or are not mitigating or
aggravating circumstances:

(1) When there are neither aggravating nor mitigating


circumstances, they shall impose the penalty prescribed by
law in its medium period.
(2) When only a mitigating circumstance is present in the
commission of the act, they shall impose the penalty in its
minimum period.
(3) When only an aggravating circumstance is present in the
commission of the act, they shall impose the penalty in its
maximum period.
(4) When both mitigating and aggravating circumstances are
present, the court shall reasonably offset those of one class
against the other according to their relative weight.
(5) When there are tow or more mitigating circumstances
and no aggravating circumstances are present, the court
shall impose the penalty next lower to that prescribed by
law, in the period that it may deem applicable, according to
the number and nature of such circumstances.
(6) Whatever may be the number and nature of the
aggravating circumstances, the courts shall not impose a
greater penalty than that prescribed by law, in its maximum
period.
(7) Within the limits f each period, the court shall determine
the extent of the penalty according to the number and nature

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of the aggravating and mitigating circumstances and the
greater or lesser extent o the evil produced by the crime
(Art. 64, RPC).

Notes:

What is a period n relation to a penalty?

A period is one of the three equal portions of a divisible


penalty known as minimum, medium and maximum.
However, when the penalty prescribed by the Code is composed
of three distinct penalties each forming a period, a period is one of
those three penalties.

What is a complex penalty?

A complex penalty is a penalty prescribed by law, composed


of three distinct penalties, each forming a period. The lightest of
them shall be the minimum period; the next the medium period
and the most severe shall be the maximum period.

Example:
Reclusion Temporal to Death.
minimum period – Reclusion temporal
medium period – Reclusion Perpetua
maximum period – Death

Is a complex penalty the penalty for a complex crime?

No, it is not the penalty for complex crime. The penalty for a
complex crime is that provided for under Article 48 of the Revised

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Penal Code, that is, the penalty for the graver or gravest offense,
the same to be imposed in its maximum period.

Rules in cases in which the penalty is not composed of


three periods

In cases in which the penalty prescribed by law is not


composed of three periods, the courts shall apply the rules
provided under Art. 64, dividing into three equal portions of time
included in the penalty prescribed and forming one period or each
of the three portions (Art. 65, RPC).

IMPOSITION OF FINES

May the court impose a fine at its own discretion?

Art. 66 provide that in imposing fines the courts may fix any
amount within the limits established by law. Hence, even though
the law authorizes the court to impose any amount of fine, said
amount should be within the limits provided for by law.

What are the factors that should be taken into


consideration by the court in fixing the amount of fine?

In fixing the amount in each case, attention shall be given,


not only to the mitigating and aggravating circumstances, but
more particularly to the wealth or means of the culprit (Art. 66,
RPC).

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Penalty to be imposed upon a person under eighteen years
of age

When the offender is a minor under eighteen years and his


case s one coming under the provisions of the paragraph next to
the last of Art. 80 of the Revised Penal Code, the following rules
shall e observed:

(1) Upon a person under fifteen but over nine years of


age, who is not exempted from liability by reason of the
court having declared that he acted with discernment
discretionary penalty shall be imposed, but always lower
by two degrees at least than that prescribed by law for
the crime which he committed.
(2) Upon a person over fifteen and under eighteen years
of age the penalty next lower than that prescribed by law
shall be imposed, but always in the proper period (Art. 68,
RPC).

Penalty to be imposed when the crime committed is not


wholly excusable:

A penalty lower by one or two degrees than that prescribed


by law shall be imposed if the deed is not wholly excusable by
reason of the lack of some of the conditions required to justify the
same or to exempt from criminal ability in the several cases
mentioned in Arts. 11 and 12 provided that the majority of such
conditions are present. The courts shall impose the penalty in the
period which may be deemed proper, in view of the number and
nature of the conditions of exemption present or lacking (Art. 69,
RPC).

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SERVICE OF SENTENCE

How should the offender serve his penalties when he has to serve
two or more penalties?

When the culprit has to serve two or more penalties, he shall


serve them simultaneously if the nature of the penalties will so
permit.

If the nature of such penalties is not possible for


simultaneous service, the order of their severity shall be followed
so that they may be executed successively or as nearly as may
be possible, should a pardon have been granted as to the penalty
or penalties first imposed, or should they have been served out
(Art. 70, 1st and 2nd paragraphs, RPC).

According to severity, what is the order of the penalties


provided for by law?

The respective severities of the penalties are arranged in


the following scale:

1. Death,
2. Reclusion Perpetua,
3. Reclusion Temporal,
4. Prision Mayor,
5. Prision Correccional,
6. Arresto Mayor,
7. Arresto Menor,
8. Destierro,

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9. Perpetual Absolute Disqualification,
10. Temporary Absolute Disqualification
11. Suspension for public office, the right to vote and be
voted for, the right to follow a profession or calling,
12. Public censure.

What is the three-fold rule in Criminal Law?

It is the rule providing that the maximum duration of the


convict’s sentence shall not be more than three-old the length of
tie corresponding to the most severe of the sentence imposed. No
other penalty to which he may be liable shall be inflicted after the
sum total of those imposed equals the sae maximum period.
Such maximum period shall in no case exceed forty (40)
years (Art. 70, PRC).

What is the duration of perpetual penalties (pena


perpetua)?
The duration of perpetual penalties (pena perpetua) shall be
computed at thirty (30) years (Art. 70, RPC).

GRADUATED SCALE

In the case in which the law prescribed a penalty lower or


higher by one or ore degrees than another given penalty, the rules
prescribed in Art. 61 shall be observed in graduating such penalty.

The lower or higher penalty shall be taken from the


graduated scale in which s comprised the given penalty.

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The courts in apllying such lower or higher penalty shall
observe the following graduated scales:

SCALE NO. 1

1. Death,
2. Reclusion Perpetua,
3. Reclusion Temporal,
4. Prision Mayor,
5. Prision Correccional,
6. Arresto Mayor,
7. Destierro,
8. Arresto Menor,
9. Public Censure,
10. Fine.

SCALE NO. 2

1. Perpetual absolute disqualification,


2. Temporary absolute disqualification,
3. Suspension from pubic office, the right to vote and
bevoted for, and the right to follow a profession or calling,
4. Public censure,
5. Fine (Art. 71, RPC).

What is the order of preference in the payment of civil


liabilities of a person found guilty of two or more offenses?

The civil liability of a person found guilty of two or more


offenses shall be satisfied by following the chronological order of

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the dates of the judgments rendered against him, beginning with
the first in order of time (Art. 72, RPC).

What is the presumption in regard to the imposition of


accessory penalties?

Whenever the courts shall impose a penalty which, by


provision of law, carries with it other penalties such as death if not
executed by reason of commutation or pardon, reclusion
perpetua, reclusion temporal, prision mayor, prision correccional,
and arresto, it must be understood that the accessory penalties
are also imposed upon the convict (Art. 73, RPC).

Penalty higher than reclusion perpetua in certain cases

In cases in which the law prescribe a penalty higher than


another given penalty, without specifically designating the name
of the former, if such higher penalty should be that of death, the
same penalty and the accessory penalties of Art. 40, shall be
considered as the next higher penalty (Art. 74, RPC).

DIFFERENTIATIONS

1. When is the discharge of firearm (1) alarm, (2) illegal


discharge of firearm, or (3) attempted homicide, or
attempted murder or attempted parricide?

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 The discharge of firearm is considered as an alarm when
the offender merely discharges his firearm within a town
or public place, which produces alarm or danger, without
aiming the firearm at or against any person.
 It is illegal discharge of firearm when the offender
discharges the firearm against or at a certain person,
without any intent to kill, but merely to frighten the
offended party.
 It is attempted homicide, or attempted murder or
attempted parricide, when the firearm is discharged at
or against another person with intent to kill the latter, but
without hitting the offended party or without inflicting a
mortal wound on him.

2. When is the killing of a child below seven years of age


(1) murder, (2) parricide, or (3) infanticide?

 The killing of a child less than seven years of age is


murder when the relation of the offender with the child is
not one of those mentioned in the definition of the crime
of parricide and the child is at least three (3) days old.
 It is parricide when the victim is the child, whether
legitimate or illegitimate or the legitimate other
descendant of the offender and the age of the child is at
least three (3) days old.
 It is infanticide when the child killed is less than three (3)
days old, regardless of whether or not the offender is
related to the child.

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c 3. Distinctions of Reclusion Perpetua from Life
Imprisonment
d
 The penalty of life imprisonment is applicable to special
laws, reclusion perpetua is applicable to felonies
punished under the Revised Penal Code.
 Reclusion perpetua entails imprisonment for at least thirty
(30) years after which convict becomes eligible for
pardon; Life imprisonment has no definite extent or
duration.
 Reclusion perpetua carries with it accessory penalties
while life imprisonment does not carry with it any
accessory penalty.

4. Distinguish Syndicated Crime Group from a


Conspiracy of Two or More Persons.

 In syndicated crime group, an offense is committed by a


group actually organized for gain purposes. Such is not
necessary in the latter.
 A syndicate crime group is an organized group. Such
oganization is not required in mere conspiracy.
 In syndicate, there is a group that is actually organized for
crime purposes. When two or more persons just agree to
commit a crime, there is conspiracy.

5. Distinguish Piracy from Mutiny

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 In piracy, the persons who attack a vessel or seize its
cargo are strangers to said vessel. In mutiny, they are
members of the crew or passengers.
 Gain is essential in piracy. In mutiny, the offenders may
only intend to ignore the ship’s officers or to commit
plunder.

e 6. Distinguish Cuadrilla from Syndicate

 Syndicate involves two or more persons not necessarily


armed. Cuadrilla refers to at least four (4) armed persons.
 Cuadrilla generally applies to all crimes. Syndicate
applies to crimes committed for purposes of gain.

7. Distinction between general intent and specific intent.

In felonies committed by dolus, the third element of


voluntariness is a general intent; whereas, in some
particular felonies proof of particular or specific intent is
required. Thus in certain crimes against property, there must
be the intent to gain (Art. 293, Robbery, Art 308, Theft).
Intent to kill is essential in frustrated or attempted homicide
(Art. 249). In forcible abduction (Art 342), the specific intent
of lewd designs must be proved.

8. Intent to commit the crime and intent to perpetrate the


act, distinguished.

A person may not have consciously intended to


commit a crime; but he did intend to commit an act, and that
act is, by the very nature of things the crime itself.

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In the first (intent to commit the crime), there must be
criminal intent; in the second (intent to perpetrate the act), it
is enough that the prohibited act is done freely and
consciously.

9. Mala in se and mala prohibita, distinguished.

There is a distinction between crimes which are mala


in se, or wrongful from their nature, such as theft, rape,
homicide, etc., and those that are mala prohibita, or wrong
merely because prohibited by statute, such as illegal
possession of firearm.

Crimes mala in se are those so serious in their effects


to society as to call for the almost unanimous condemnation
of its members; while crimes mala prohibita are violations of
mere rules of convenience designed to secure a more
orderly regulation of the affairs of society.

(1)In acts mala in se, the intent governs; but in those mala
prohibita, the only inquiry is, has the law been violated?
Criminal intent is not necessary where the act is
prohibited for reasons of public policy, as in illegal
possession of firearm.
(2)The term mala in se refers generally to felonies defined
and penalized by the RPC. The term mala prohibita refers
generally to acts made criminal by special laws.

10. Intent distinguished from motive.

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Motive is the moving power which impels one to action for a
definite result. Intent is the purpose to use a particular
means to effect such result.

11. Distinguish conspiracy as a felony from conspiracy


as a manner of incurring criminal liability.

In both, two or more persons come to an agreement


concerning the commission of a felony and decide to commit
it. Hence, the definition of conspiracy in Art 8 applies to both.

When the conspiracy relates to crimes other than treason,


rebellion or sedition, it is not a felony but only a manner of
incurring criminal liability. When the felony is committed after
the conspiracy, the act of one offender is the act of all the
other offenders.

Even if the conspiracy relates to the crime of treason,


rebellion or sedition, if the latter is actually committed, the
conspiracy is not a separate offense, but only a manner of
incurring criminal liability in treason, rebellion or sedition.
The offenders are liable for treason, rebellion or sedition as
the case may be, and the conspiracy is absorbed.

(12) Imbecility distinguished from insanity.

While the imbecile is exempted in all cases from criminal


liability, the insane is not so exempted if it can be shown that
he acted during a lucid interval.

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(13) Entrapment and instigation, distinguished.

There is a wide difference between entrapment and


instigation, fir while in the latter case the instigator practically
induces the would-be accused into the commission of the
offense and himself becomes a co-principal, in entrapment
ways and means are resorted to for the purpose of trapping
and capturing the law-breakers in the execution of his
criminal plan. Entrapment is no bar to the prosecution and
conviction of the lawbreaker. But when there is instigation,
the accused must be acquitted.

(14) Ordinary mitigating and privileged mitigating


circumstances, distinguished.

1) An ordinary mitigating circumstance is susceptible of


being offset by any aggravating circumstance; while a
privileged mitigating circumstance cannot be offset by
aggravating circumstance.

2) Ordinary mitigating, if not offset by an aggravating


circumstance, produces only the effect of applying the
penalty provided by law in its minimum period; whereas,
privileged mitigating produces the effect of imposing upon
the offender the penalty lower by one or two degrees that
that provided by law.

(15) Qualifying aggravating circumstance distinguished


from generic aggravating circumstance.

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1) The effect of a generic aggravating circumstance, not
offset by any mitigating circumstance, is to increase the
penalty which should be imposed upon the accused to
the maximum period, but without exceeding the limit
prescribed by law; while that of a qualifying circumstance
is not only to give the crime its proper and exclusive
name but also to place the author thereof in such a
situation as to deserve no other penalty than that
specifically prescribed by law for said crime.
2) A qualifying aggravating circumstance cannot be offset by
a mitigating circumstance; a generic aggravating
circumstance may be compensated by a mitigating
circumstance.
3) A qualifying aggravating circumstance to be appreciated
must be allege in the information If it is not alleged, it
becomes a generic aggravating circumstance only.

(16) With the aid of armed men distinguished from by a


band.

By a band requires that at least four armed malefactors shall


have acted together in the commission of an offense. Aid of
armed men is present even if the principal offender merely
relied on their aid, for actual aid not necessary.

(17) Recidivism and reiteracion, distinguished.

The circumstance of reiteracion may be distinguished from


recidivism in the following ways:

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(a) In reiteracion, it is necessary that the offender
shall have served his sentence; whereas, in recidivism
it is enough that a final judgement has been rendered.
(b) In reiteracion, the previous and subsequent
offenses must not be defined in the sae title of the
RPC; whereas, recidivism requires that the offenses be
included in the sae title of the Code.
(c)Reiteracion is not always an aggravating
circumstance; whereas, recidivism is always o be
taken into consideration in fixing the penalty to be
imposed upon the accused.

(18) Amnesty and pardon, distinguished.

1) Pardon includes any crime and is exercise individually by


the President; amnesty is a blanket pardon granted o
classes of persons or communities who may be guilty of
political offenses.
2) Pardon is exercised when the person is already
convicted; amnesty may be exercised even before trial or
investigation is had.
3) Pardon looks forward and relieves the offender from the
consequences of an offense of which he has been
convicted, that is, it abolishes or forgives the punishment,
and for that reason it does not work the restoration of the
rights o hold public office or the right of suffrage, unless
such rights be expressly restored by the terms of the
pardon. On the other hand, amnesty looks backward and
abolishes and puts oblivion the offense itself; it so
overlooks and obliterates the offense with which he is
charged that the person released by amnesty stands

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before the law precisely as though he had committed no
offense.
4) Both do not extinguish the civil liability of the offender.
5) Pardon, being a private act of the President, must be
pleaded and proved by the person pardoned; while
amnesty being by Proclamation of the Chief executive
with the concurrence of Congress is a public act of which
he courts should take judicial notice.

(19) Conditional pardon distinguished from parole.

1) Conditional pardon, which may be given at any time after


final judgement is granted by the Chief Executive under
the provisions of the Administrative Code; parole, which
may be given after the prisoner has served the minimum
penalty, is granted by the Board of Pardons and Parole
under the provision of the Indeterminate Sentence Law.

2) For violation of the conditional pardon, the convict may be


ordered rearrested or reincarcerated by the chief
executive, or may be prosecuted under he RPC; for
violation of the terms of the parole, the convict cannot be
prosecuted under the RPC. He can be rearrested and
incarcerated to serve the unserved portion of his original
penalty.

(20) Illegal association, distinguished from illegal


assembly.

(1)In illegal assembly, it is necessary that there is an actual


meeting or assembly of armed persons for the purpose of

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committing any o the rimes punishable under the PRC, or
of individuals who, although not armed, are incited to the
commission of treason, rebellion, sedition, or assault
upon a person in authority or his agent.
Such requisite is not necessary in the crime of illegal
association.
(2)In illegal assembly, it is the meeting and attendance at
such meeting that are punished.
In illegal associations, it is ha act of forming or organising
and membership of the association that are punished.
(3)If the purpose of the meeting is to commit crimes
punishable by special laws, such meeting is not an illegal
assembly.
In illegal association, the purpose may include the
commission of crimes punishable by special laws,
because when the purpose of the organization is contrary
to public morals the acts which are contrary to public
morals may constitute crimes punishable under the
special laws.

(21) Prevaricacion, distinguished from bribery.

The third form of direct bribery is committed by refraining


from doing something which pertains to the official duty of
the officer. Prevaricacion is committed in the same way.
In this regard, the two felonies are similar.
But they differ in that in bribery the offender refrained from
doing his official duty in consideration of a gift received or
promised. This element is not necessary in the rime of
prevaricacion.

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(22) Direct bribery, distinguished from indirect bribery.

1) In both, the public officer receives gift.


2) While in direct bribery there is an agreement between the
public officer and the giver of the gift or present, in
indirect bribery usually no such agreement exists.
3) In direct bribery, the offender agrees to perform or
performs an act or refrains from doing something,
because of the gift or promise; in indirect bribery, it is not
necessary that the officer should do any particular act or
even promise to do an act, as it is enough that e accepts
gifts by reason of his office.

(23) Brigandage, distinguished from robbery in band.

Both brigandage and robbery in band require that the


offenders form a band of robbers.

In brigandage, the purpose of the offenders is any of the


following:

(1)to commit robbery in the highway, or


(2)to kidnap persons for the purpose of extortion or to obtain
ransom, or
(3)for any other purpose to be attained by means of force
and violence; in robbery in band, the purpose of the

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offenders is only to commit a particular robbery not
necessarily in the highway.

If the agreement among more than three (3) armed men


was to commit only a particular robbery, the offense is not
brigandage, but only robbery in band.

In brigandage, the mere formation of a band for any of the


purposes mentioned in the law is sufficient as it would not
be necessary to show that the band actually committed
robbery in the highway, etc.; in robbery in band, it is
necessary to prove that the band actually committed
robbery, as a mere conspiracy to commit robbery is not
punishable

(24) Imprudence distinguished from negligence.

Imprudence indicates a deficiency of action, negligence


indicates a deficiency of perception.
Hence, failure in precaution is termed imprudence. Failure in
advertence is known as negligence.

The wrongful acts may be avoided on two levels:


(1)by paying proper attention and using due diligence in
foreseeing them, and
(2)by taking the necessary precaution once they are
foreseen.

Failure to do the first is negligence. Failure o do the second is


imprudence.

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(25) Forcible abduction with rape, distinguished from
kidnapping.

A, B, C and others grabbed a girl, 16 years of age and then


dragged her to a nearby forest. There she was brutally
ravished, first by A and afterwards by B. Are they guilty of
kidnapping with rape?

Held: The crime is not kidnapping with rape, but forcible


abduction with rape. When the violent taking of a woman is
motivated by lewd designs, forcible abduction is the offense.
When it is not so motivated, such taking constitutes
kidnapping. Forcible abduction is against chastity;
kidnapping is against personal liberty.

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CASES

1. A entered the house of B through the window and once


inside took money and jewelry belonging to B after
intimidating him with a pistol. What kind of robbery was
committed by A? Why?

Answer: A committed a complex crime of Robbery with Force


Upon Things with Robbery with Intimidation. This is in
accordance with the ruling laid down by the Supreme Court
in the case of Napoles versus Court of Appeals.

2. A broke the wooden gate of the stone wall around the


premises of B and once inside took from the yard of B
building materials, which were lying there. What crime was
committed by A? Explain with reasons.

Answer: Theft, because although he broke open the gate,


he did not enter the house with force upon things. He
entered the yard only.

3. A removed the radio of B from the car of the latter and


began to leave the place. On the way, B met A and, having
recognized the radio, B asked A where he had gotten it; but
A drew out and opened his knife and threatened to kill B.
What crime or crimes were committed by A? Explain your
answer.

Answer: A committed two distinct and separate crimes of Theft


and Grave Threats. To constitute robbery with violence

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against or intimidation of persons, the taking of personal
property belonging to another with intent to gain must be
accomplished because of violence or intimidation. In this
case, the taking of the radio was complete and, hence, the
crime of theft was already consummated when the offended
party was intimidated. The threat to kill B made by A is not a
constitutive element of robbery because the violence or
intimidation must be employed before the taking of personal
property belonging to another is complete.

4. A pointed his knife at B and demanded for his money, and B


pulled his wallet from his pocket and handed it to A who took
hold of it, but a policemen suddenly appeared, collared A,
and placed him under arrest. What crime did A commit?
Explain your answer.

Answer: The crime committed by A is consummated robbery


with intimidation.

5. While a woman was walking along Session Road, a man


following her suddenly snatched her handbag and ran away
with it. What crime was committed by that man? Explain
your answer.

Answer: The man committed the crime of theft, not robbery


with violence against persons, because mere snatching of
personal property from the hand of the offended party,
although violence is used, it is not used on the person of the
offended party, but on the thing taken. It is a rule that to
constitute robbery with violence against persons, the

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violence must be on the person of the offended party, not
upon the thing taken.

6. While A was looking for his lost pig, he happened to pass by


the house of B and saw under the latter’s house a pig. A told
B that that was his lost pig, but B said that that pig belonged
to him. A unsheathed his bolo and threatened B with bodily
harm, unless the latter would give to him the pig. Afraid that
he might be injured, B gave the pig to A. A was prosecuted
for robbery with intimidation. During the trial it was
established by the prosecution that the pig really belonged
to B and that it was not the lost pig of A. If you were the
judge, would you convict or acquit A? In case you decide to
convict him, of what crime will you find him guilty?

Answer: Since A believed in good faith that the pig was his,
even if his claim later on appeared to be untenable, there
being no intent to gain on his part, he should be found guilty
of grave coercion and not robbery with intimidation. One of
the elements of robbery is that the offender took the
personal property belonging to another with intent to gain.

7. What crime is committed by several persons, who, by


means of intimidation used against the owner of a small
house, succeeded in removing that small house from the lot
of the owner and carried said house to the lot of one of the
offenders? Explain your answer.

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Answer: The crime is robbery with intimidation. Although a
house may be considered as real property when attached to
the ground, the moment it is removed from the ground and
carried away it ceases to be a real property and becomes
personal property. One of the elements of robbery is that the
property taken is personal property belonging to another.

8. A help-up B at the point of a revolver and succeeded in


taking the watch from B. When he reached home, A found
that the watch he had taken from B was his own property
which he had lost a week before. What crime was
committed by A?

Answer: A committed grave coercion, because he compelled


B to do something against his will by means of intimidation.
While it is true that A had intent to gain and that ordinarily in
coercion the offender should not act with intent to gain, the
crime committed by A is not robbery with intimidation,
because one of the elements of robbery is that the personal
property must belong to another. Since the property
belonged to him, A cannot be guilty of robbery, as no one
can be held liable for robbery of his own property. This is not
an impossible crime where the act performed would have
been an offense against persons or property, because when
the act performed also constitutes a violation of another
provision of the RPC, impossible crime cannot exist.
It is submitted that A is not liable for grave threats, because
the intimidation produced immediate effect.

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9. A passer-by noticed three persons inside the house of
another taking personal property. The passer-by asked them
why they were there. One of them shot and killed him. What
crime was committed? Why?

Answer: The crime committed is robbery with homicide,


because the homicide was committed by reason of the
robbery, that is, to do away with a witness.

10. Would it be robbery with homicide if a robber killed his


companion, another robber, on the occasion or by reason of
the robbery? Why?

Answer: Yes, because in robbery with homicide, it is only the


result, without reference or distinction as to the persons
intervening in the commission of the crime that must be
taken into consideration.

…oΩo…

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CRIMINAL LAW
(REVISED PENAL CODE- BOOK 2)

TREASON

Any person who, owing allegiance to (the Philippine), not


being a foreigner, levies war against them or adheres to their
enemies, giving them aid or comfort within the Philippine Islands
or elsewhere, shall be punished by reclusion temporal to death
and shall pay a fine not to exceed P20, 000.

No person shall be convicted of treason unless on the


testimony of 2 witnesses at least to the same overt acts or on
confession of the accused in open court.

Likewise, an alien, residing in the Philippines Islands, who


commits acts of treason as defined in par. 1 of this article shall be
punished by prision mayor to death and shall pay a fine not to
exceed P20, 000.

Elements:

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1. The offender owes allegiance to the Government of the
Philippines;
2. There is a war in which the Philippines is involved;
3. The offender either:
a. Levies war against the Government; or
b. Adheres to the enemies, giving them aid or comfort.

TREASON is a breach of allegiance, which is the obligation of


fidelity and obedience one owes to the government or sovereign
under which he lives, in return for the protection he receives.

PERSONS LIABLE FOR TREASON

1. Filipino citizens – owe permanent allegiance to the


government.
2. Resident aliens – owe temporary allegiance to
government.

TWO MODES OF COMMITTING TREASON

1. BY LEVYING WAR – actual assemblage of persons for


the purpose of executing a treasonable design.
2. BY ADHERING TO THE ENEMY, GIVING HIM AID AND
COMFORT

ADHERENCE TO THE ENEMY – a citizen intellectuality or


emotionally favors the enemy and harbors sympathies or
convictions disloyal to his country’s policy or interest.

AID OR COMFORT – an act which strengthens or tends to


strengthen the enemy of the government in the conduct of war

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against the government or of the country to resist or to attack
the enemies of the government or of the country.

When the alleged treasonous acts consist only of giving aid


and comfort, the law requires that it must be coupled with
adherence. In other words, the mere giving of aid and comfort
WITHOUT ADHERENCE is not treason.
On the other hand, if the manner of committing treason by
engaging the forces of the government in combat, there is no
need to show that the offenders are doing so out of adherence to
the enemy. If the aid or support given to the enemy is one which
does not strengthen the enemy in the conduct of war, there must
be an independents evidence of adherence, otherwise, the
accused is entitled to acquittal.
Basically, the mental condition cannot bring about the
offense not until the offender has started committing an overt act.

EVIDENCE NEEDED FOR CONVICTION IN TREASON

1. Testimony of at least 2 witnesses to the same overt act;


2. Confession of guilt by the accused in open court.

WHAT IS THE SO-CALLED TWO-WITNESS RULE?

Under Art.114 of the RPC, no person shall be convicted of


treason except upon the testimony of at least 2 witnesses by the
same overt act or upon his confession in open court. The 2-

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witness rule refers to that portion of the provision which requires
testimonies of 2 witnesses at least on the same overt act.

Example:

Supposing during the 2nd World War, A had cooperated with


Japanese solders and A was seen by it in the company of such
soldiers burning a certain barrio. A is again seen by C in the
company of the same Japanese soldiers burning again another
barrio. Under these set of facts, if B and C would testify of what
they have respectively witnessed, may A be convicted of treason?

Answer:

No, it is not only the number of witnesses or the substance


but at least 2 witnesses should testify on the same overt act,
commission of the same treaso0nous act at the same place and
at almost the same time. It is not enough that there be witnesses.
It is necessary that the 2 witnesses have testified to the same
overt act. “OVERT ACT” – we mean acts committed in different
places at times far remote from each other, you will need 2
witnesses to each of those places before a conviction may be
done.

So, even if there several witnesses testifying on the


treasonous acts, one witness to 2 treasonous act and the other to
another treasonous acts, if the acts testified to are not committed
in the same place and at the same time, the 2-witnesses rule is
not complied with. The accused himself is entitled to freedom.

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EXCEPTION: When the accused himself pleads guilty to the
accusation of treason.

NOTE: The confession of guilt mentioned in this rule is not a


confession of guilt in the ordinary sense of the word.

The confession referred to here is a plea of guilty in open


court.

So, if a person accused of treason has previously executed


a confession before the interrogating officer, but upon being
arraigned in court, the pleaded not guilty, he cannot be convicted
simply because he had that confession.

But the confession is admissible in evidence. Only, it is not


sufficient as a basis for conviction. Extra judicial confessions are
admissible but they are not enough to sustain conviction.

TREASON DISTINGUISHED FROM SEDITION:

TREASON: Violation by a subject of his allegiance to his


sovereign or the supreme authority of the state.
SEDITION: The raising of commotion or disturbances in the
state.

TREASON DISTINGUISHED FROM REBELLION

1. An act of levying war to help the enemy is treason


otherwise it would be rebellion.
2. In treason, the purpose is to deliver the government to
the enemy or to pave the way for the coming of the enemy while

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in rebellion, the purpose is to substitute the government with their
own.

IMPORTANT POINTS TO REMEMBER REGARDING


TREASON:

1. Treason is committed only in time of war. It cannot be


committed in time of peace. Treasonable acts may be actually
during peace time, but there are no traitors until war has started.
[LAUREL VS. MISA, 77 PHIL 856]
2. No matter how many acts of treason are committed by
the offender, he will be liable for one crime of treason only.
3. There is no complex crime of treason with murder.
Murder is an integral element of the crime of treason which
correspond to the giving of aid and comfort to the enemy. The
offender will be liable for treason only.
4. In the imposition of the penalty the course may disregard
the attending mitigating and aggravating circumstances. It may
consider only the number, nature and gravity of the treasonous
acts proven. The imposition of the penalty, although indivisible,
may rest largely on the exercise of judicial discretion.
5. Treachery, abuse of superior strength and evident
premeditation are inherent in treason if there are killings.

CONSPIRACY AN PROPOSAL TO COMMIT TREASON

Elements of Conspiracy to Commit Treason:

1. There is a war in which the Philippines is involved;

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2. Two or more persons come to an agreement to levy war
against the government or to adhere to the enemies and to give
them aid or comfort.
3. They decide to commit it.

Elements of Proposal to Commit Treason:

1. There is war in which the Philippines is involved;


2. The accused has decided to levy war against the
Government or to adhere to the enemies giving them aid or
comfort.
3. He proposes its execution to some other person of
persons.

NOTE: If actual acts of treason are committed after the


conspiracy or after the proposal is accepted, the crime
committed will be treason. The conspiracy or proposal is
considered as a means in the commission thereof.

IMPORTANT: The co-conspirators or those persons involved in


the proposal will be criminality liable to that extent only as long
as none among them has committed treasonous acts.

If anyone of the conspirators or person participating in the


proposal have already done treasonous act even though
unknown to the others, the crime of all of them will be treason
and not merely conspiracy or proposal.

NOTE: Bear in mind that in conspiracy, there must be an


agreement with concurrence of decision; a mere agreement

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without decision is not conspiracy. So also, a mere proposal
without acceptance, it is not criminal proposal.

There must always be the CONCURRENCE of these 2


elements. One without the other is not punishable, even if it
refers to treason.

MISPRISION OF TREASON

Elements:
1. Offender must owe allegiance to the Government of the
Philippines;
2. Offender is not a foreigner;
3. He has knowledge of a conspiracy to commit treason
against the said government;
4. He conceals or fails to disclose the same to the
authorities of the province or city in which he resides.

For this crime to be committed, first of all, there must be a


conspiracy to commit treason. Misprision of treason arises when a
person who knew of such conspiracy does not report the same as
soon as possible.

Even though the offender has reported the conspiracy to the


government, if by the time the report was made, the conspirators
were already able to commit overt acts of treason, then the party
knowing the conspiracy is nevertheless liable for misprision of
treason because the report was not made as soon as possible.

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Misprision of treason is a felony by omission. The offender
has knowledge of conspiracy to commit treason but he failed to
report it to the authorities AS SOON AS POSSIBLE.

NOTE: It is not enough that the report be made. What is


required is that it must be reported as soon as possible,
because if the report is delayed, this might ripen to an act of
treason.

The idea here is to make it obligatory on the part of all


citizens of the Philippines to report it to the government as soon
as possible any conspiracy to commit treason and that is known
to them so that the government may quell the treason before it
can ripen.

Where the conspiracy has already ripened to an act of


treason, the obligation to report does not exist anymore because
that means that the government knew that there is treason going
on.

NOTE: The obligation to report does not cover aliens even if


they are permanent resident of the Philippines. This crime can
only be committed by citizens of the Philippines, unlike treason,
which may be committed by aliens as long as they are permanent
resident of the Philippines.

ESPIONAGE

There are 2 modes of committing espionage under the RPC.


Elements of the first mode:

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1. Offender, without any authority enters a warship, naval or
military establishment or reservation, and
2. He obtains information, plans, photographs or other data
of a confidential nature relative to the defense of the
Philippines.

NOTE: The purpose of the offender in entering must be to


get hold of such materials.

If that is not the purpose, the crime committed is trespass to


government property. Mere entering here will bring about a
consummated espionage as long as the criminal intent of the
offender is to get hold of those materials which are vital to the
defense of the Philippines.

Elements of the second mode:


1. Offender is a public officer;
2. He has in his possession articles, data or information
referred to in the first mode of committing this crime; and
3. He discloses their contents to a representative of a
foreign nation.

NOTE: Where the offender is not a custodian, the crime


committed is infidelity in the custody of public records, and it has
nothing to do with national defense of the Philippines, the offender
becomes liable only for infidelity in the custody of public records.

ESPIONAGE DISTINGUISHED FROM TREASON

ESPIONAGE TREASON

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- there is no need of war going on; - there
must be war
- committed in more than 2 ways; -
committed in 2 ways only;
- generally committed by an alien. - may be
committed by citizens
or resident aliens.

INCITING TO WAR OR GIVING MOTIVES FOR


REPRISALS

Elements:
1. Offender commits unlawful or unauthorized acts;
2. Said acts provide or give occasion for war involving or
liable to involve the Philippines or expose Filipino citizens
to reprisals on their persons or property.

This is committed by any public officer or employee who, by


unlawful or unauthorized acts provoke or gives occasion for a war
or liable to involve the Philippines or exposes Filipino citizens to
reprisals on their persons or property. There is no need of war
going on. This may be committed in time of war or time of peace.

VIOLATION OF NEUTRALITY

Elements:
1. There is war in which the Philippines is not involved;
2. Competent authorities have issued regulations to enforce
neutrality; and
3. The offender violates any of said regulations.

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There must be a war going on, but the Philippines is not a
partly to the war. It cannot be committed as a crime if the
government has not promulgated rules and regulations for the
observance of neutrality. It is the violation of such rules that
brings about the crime of violation of neutrality.

CORRESPONDENCE WITH HOSTILE COUNTRY

Elements:
1. There is war in which the Philippines is involved;
2. The offender shall have correspondence with an enemy
country or territory occupied by enemy troops; and
3. Said correspondence is:

a) prohibited by the government;


b) the offender shall have correspondence with an
enemy country or territory occupied by enemy
troops;
c) notice or information to be given thereby which
might be useful to the enemy or intended by the
offender to aid the enemy.

This presupposes that, there is a war going on and the


Philippines is a party to that war. Under this article, the mere
sending or carrying on of correspondence from one who is in the
enemy country or who is in the territory occupied by enemy troops
is a crime under the circumstances specified in the article.
The implication is that when a person writers to another in
any enemy country and he makes use of ciphers and
conventional signs he is hiding something and that is maybe one

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which is vital to the defense of the Philippines, so the mere
sending of that under those conditions makes it a crime.

FLIGHT TO ENEMY COUNTRY

Elements:
1. Existence of war in which the Philippines is involved;
2. Offender owes allegiance to the Philippines; and
3. He attempts to flee to the enemy country, which is
prohibited by the government.

This crime can be committed only in times of war where the


Philippines is a party. Mere attempt to flee to the side of the
enemy will already consummate this crime.
The law presupposes that in time of war, a person in the
Philippines would try to go to the enemy line, that person must
have something for the enemy to the prejudice of the Philippines
and its forces.

ATTEMPT TO FLEE TO ENEMY COUNTRY --- This is


committed when a citizen of the Philippines or one owing
allegiance to the Philippine government shall attempt to go to an
enemy country.

PIRACY

Piracy is committed by any person who, on the high seas


shall attack or seize a vessel or, not being a member of its
complement nor a passenger, shall seize the whole or part of the
cargo of said vessel, its equipment, or personal belongings of its
complement or passengers.

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Piracy is robbery or forcible depredation on the high seas
without lawful authority and done with animo furandi and in the
spirit and intention of universal hostility.
Piracy is regarded not as a crime of any particular country
but a crime against the whole world so that whenever the
offenders may go to one country they can be prosecuted there.
REASON: The law they violated is not the law of a particular
country but the law of the family of nations.

3 KINDS OF PIRACY
1. Piracy in the high seas punished in the RPC;
2. Piracy in the Philippine waters punished in PD 532; and
3. Air piracy punished in RA 6235.

PIRACY IN THE HIGH SEAS UNDER THE REVISED


PLENAL CODE
1. By attacking or seizing a vessel on the high seas;
2. By seizing the whole or part of the cargo or equipment of
the vessel while on the high seas or the personal
belongings of its complement or passengers, the
offenders not being of the complement or passengers.

OFFENDERS OF PIRACY IN THE HIGH SEAS (RPC)


- Strangers to the vessel
- They are not passengers or members of the crew.
For the purposes of determining whether one is a stranger
to the vessel or not – you only have to determine whether one is
lawfully admitted to the vessel. If he is lawfully admitted to the
vessel, other than a complement thereof, then he is a passenger.
But if he boards the vessel without being lawfully admitted
thereto, then he is a strange and therefore liable for piracy.

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“HIGH SEAS” refer to the body of water outside of the
territorial waters of the Philippines, even if such is within the
territorial waters of a foreign country.
- Refers to that body of water beyond the three-mile limit of
our jurisdiction. At this point therefore, it can be easily understood
that piracy under the RPC begins where piracy under PD 532
ends.

ROBBERY ON THE HIGH SEAS


- Offender is a member of the complement or a passenger
of the vessel and there is violence against or intimidation of
persons or force upon things in taking the property in the vessel.

PIRACY – the offender is an outsider.

NOTE: In both robbery on the high seas and piracy, there is

1. Intent to gain; and


2. Manner of committing the crime is the same.

MUTINY

MUTINY ON THE HIGH SEAS is the unlawful resistance to


a superior officer or the raising of commosions and
disturbances on board a ship against the authority of its
commander. It may be committed by members of the crew and
passengers of the vessel.

NOTE: Mutiny must be committed on the high seas. When


committed on board a vessel within the waters of the
Philippine, the killing is punished as murder.

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PIRACY DISTINGUISHED FROM MUTINY:

PIRACY MUTINY
- the persons who attack or seize - they are members
of the crew passengers;
the vessel on the high seas are crew passengers;
strangers to said vessel;
- there is an intent to gain - there is usually no intent
to gain as the
offenders may only intend to ignore
the strip’s officers or to commit
plunder.

PIRACY IN THE PHILIPPINE WATERS (P.D. 532)

If any of the acts described in Art. 122 and 123 is committed


in Philippine waters, the same shall be considered as piracy
under PD 532.

Any attack upon or seizure of any vessel, or the taking away


of the whole or part thereof or its cargo, equipment, or the
personal belongings of its complement or passengers,
irrespective of the value thereof, by means of violence against or
intimidation of persons or force upon things, committed by any
person, including a passenger or member of the complement of
said vessel in Philippine waters, shall be considered as piracy.

In this kind of piracy, the offender may be any person. He


may be a stranger to the vessel, a passenger or member of the
crew of the vessel.

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2 WAYS OF COMMITTING PIRACY IN PHILIPPINE WATERS

(1) By seizing or attacking a vessel while in the Philippine


waters with intent to gain by means of violence or intimidation;
(2) By taking away the belongings of a member of a crew or
passenger.

Example:

If in the course of the voyage of an inter-island vessel, a


passenger at the point of a knife divested another passenger of
his valuables, the former will be liable for piracy in Philippine
waters, not for robbery.

Q: What will be the crime committed is on the occasion of


piracy in Philippine waters, only a person was killed by
the by the pirates?

- Crime will be piracy in Philippine waters only.

“PHILIPPINE WATERS” refers to all bodies of water around,


between and connecting each of the islands of the Philippine
Archipelago, irrespective of its breadth, depth, length, dimension,
and all other waters belonging to the Philippines by historic or
legal title, including territorial sea, sea-bed, insular shelves, and
other submarine areas over which the Philippines has sovereignty
or jurisdiction.

“VESSEL” - any vessel or watercraft for transport of


passengers and cargo from one place to another through

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Philippine waters. Includes all kinds and types of vessels or boats
used in fishing.

ANY PERSON WHO AIDS OR PROTECTS PIRATES OR ABETS


THE COMMISSION OF PIRACY SHALL BE CONSIDERED AS
AN ACCOMPLLICE.

Example:

1. Giving pirates information about the movement of police


or other peace officers of the government;
2. Acquires or receives property taken by such pirates or in
any manner derives any benefit therefrom;
3. Directly of indirectly abets the commission of piracy.

Under the decree, when these acts are committed the crime
is ABETTING PIRACY. These persons who participate by any of
the acts mentioned above will be charged not for the crime of
piracy but for a crime of abetting piracy under PD 532.

On the other hand, if the piracy falls under the RPC because
it was committed in the high seas, persons who participated in the
loot of the piracy or who harbor or conceal or help the pirates
escape will be accessories to the crime of piracy. The crime
committed by them is not abetting piracy but piracy itself.

So, under PD 532, the offender is a principal to the crime of


abetting piracy although the nature of the act of participation is
that of an accessory only and the penalty imposed under the
same decree is only that of an accomplice.

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PRESUMPTION: – any person who does any of the acts provided
in this section has performed them KNOWINGLY, unless the
contrary is proven.

DISTINCTIONS BETWEEN PIRACY UNDER PD 532 AND RPC

1. Under the PRC, piracy can only be committed in the high


seas – meaning to say beyond the three mile limit of our territorial
waters, whereas under the decree piracy can only be committed
within Philippine waters.
2. Under the RPC, piracy is committed by attacking or
seizing the vessel or of any of the cargo of personal belongings of
the passengers or complements of the vessel.

NOTE: An attack or seizure of the vessel presupposes the


employment of force but it may be such degree of
force that does not amount to robbery.

Under the decree, piracy is committed not only be an


attack or seizure of the vessel or cargo or personal belongings of
the passengers or members of its complement thru the use of
violence and intimidation.

3. Piracy under RPC is committed by attacking or seizing a


vessel, or by seizing the whole or part of its cargo, its equipment
or personal belongings of its complement or passengers, while
such modes under PD 532 are accomplished by means of
violence against or intimidation of persons or force upon things.

NOTE: Under the RPC, use of force upon things does not
bring about piracy unless it is an attack or seizure of

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the vessel or of the passenger and their belongings or
of the complement of the vessel.

To make the difference between piracy under the RPC and


piracy under the decree easier to understand, take note of the
following:

NOTE: The essence of piracy under the decree is not alone


the seizure or attack of the vessel but robbery
committed on board a vessel while this is in Philippine
waters.

The crime of robbery under title x is different from the crime


of theft although both crimes involve the taking of property. So, if
the taking of the cargo of personal belongings of the passengers
or complements of the vessel amounts only to theft, PO 532 will
not apply. Without the use of violence or intimidation of persons or
without the use of force upon things as this is understood under
Art. 299 of the RPC, the decree will not apply unless there is a
seizure of the vessel or an attack upon the vessel.

Therefore, the taking must be with violence and intimidation


or with the use of force upon things. If these are absent on the
taking, the crime is only theft.

R.A. 6235

ACT TO PROHIBIT CERTAIN ACTS INIMICAL TO CIVIL


AVIATION

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Although RA 6235 is commonly referred to as the hijacking
law, strictly the acts punished if this law are not purely of
hijacking.
When we say hijacking, we generally associate the idea with
that of compelling the plane to land in the place other than its
scheduled destination. This, however, is not the only meaning of
hijacking.
Hijacking generally refers to the taking of goods in transit
through force.

TWO KINDS OF AIRCRAFT MAY BE INVOLVED HERE:


1. Domestic
2. International

PROHIBITED ACTS:

IF AIRCRAFT IS OF PHILIPPINE REGISTRY

(1.) To compel a change in the course or destination of an


aircraft of Philippine registry, while in flight; or
(2.) To seize or usurp the control thereof, while it is in-flight.
(3.) To compel an aircraft of foreign registry to land in
Philippine territory; or
(4.) To seize or usurp the control thereof while it is within
Philippine territory.

AIRCRAFT IS IN FLIGHT

An aircraft is “IN FLIGHT” from the moment all its external


doors are closed following embarkation until any of such doors
are opened for disembarkation.

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Under the law, air piracy regarding an international plane
is committed if the offender compelled the plane to fly in
Philippine territory, seized or usurped it. If the seizure or
usurpation of an international plane, what is essential is that the
plane must be in Philippine territory.

NOTE: PROHIBITION IS ABSOLUTE

a. IF OFFENDER IS A JURIDICAL PERSON – the penalty


shall be imposed upon the manager, representative, director,
agent or employee who violated, or caused, directed, cooperated
or participated in the violation thereof;
b. IF VIOLATION IS COMMITTED IN THE INTEREST OF A
FOREIGN CORPORATION LEGALLY DOING BUSINESS IN THE
PHILIPPINES – penalty shall be imposed upon its resident agent,
manager, representative or director responsible for such violation
and in addition thereto, the license of said corporation to do
business in the Philippines shall be revoked.

(1.) Section 4 --- The shipping, loading or carrying of


any substance or material in any cargo aircraft operating as a
public utility within the Philippines shall, be not in accordance with
the regulations issued by the Civil Aeronautics Adm.

NOTE: PROHIBITION IS NOT ABSOLUTE

For any death or injury to persons or damage to property


resulting from a violation of Sects. 3 and 4, the person
responsible therefore may be held liable in accordance with the
applicable provision of the RPC.

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- Injury / damage --- not absorbed in that crime.
- Offender may be prosecuted under the RPC as well.

NOTE: Aircraft companies which operate as public utilities or


operators of aircraft which are or hire are authorized to open and
investigate suspicious packages and cargoes in the presence of
the owner or shipper, or his authorized representatives, if present.

PURPOSE: to help the authorities in the enforcement of


the provisions of this Act.

If the owner, shipper or his representative refuses to have


the same opened and inspected, the airline or air-carrier is
authorized to refuse the loading thereof.

QUALIFIED PIRACY

Piracy is qualified if any of the following circumstances is


present, to wit:

1. Whenever the offenders have seized the vessel by


boarding or firing upon the same; or
2. Whenever the pirates have abandoned their victims
without means of saving themselves; or
3. Whenever the crime is accompanied by murder,
homicide, physical injuries, or rape.

KIDNAPPING AND SERIOUS ILLEGAL DETENTION

Elements:

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1. Offender is a private individual
2. He kidnaps or detains another, or in any other manner
deprives the latter of his liberty
3. The act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the following
circumstances are present (becomes serious)
a. that the kidnapping/detention lasts for more than 3 days
b. that it is committed simulating public authority
c. that any serious physical injuries are inflicted upon the
person kidnapped or detained or threats to kill him are
made, or
d. that the person kidnapped or detained is a minor (except if
parent is the offender), female or a public officer

Note: When death penalty is imposed:


a. If kidnapping is committed for the purpose of extorting
ransom either from the victim or from any other person even
if none of the aforementioned are present in the commission
of the offense (even if none of the circumstances are
present)
b. When the victim is killed or dies as a consequence of the
detention or is raped or is subjected to torture or
dehumanizing acts

Illustration:

If a private person commits the crime of kidnapping or


serious illegal detention, even though a public officer conspires
therein, the crime cannot be arbitrary detention. As far as that
public officer is concerned, the crime is also illegal detention.

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In the actual essence of the crime, when one says
kidnapping, this connotes the idea of transporting the offended
party from one place to another. When you think illegal detention,
it connotes the idea that one is restrained of his liberty without
necessarily transporting him from one place to another.

The crime of kidnapping is committed if the purpose of the


offender is to extort ransom either from the victim or from any
other person. But if a person is transported not for ransom, the
crime can be illegal detention. Usually, the offended party is
brought to a place other than his own, to detain him there.

When one thinks of kidnapping, it is not only that of


transporting one person from one place to another. One also has
to think of the criminal intent.

Forcible abduction -- If a woman is transported from one place to


another by virtue of restraining her of her liberty, and that act is
coupled with lewd designs.

Serious illegal detention – If a woman is transported just to


restrain her of her liberty. There is no lewd design or lewd intent.

Grave coercion – If a woman is carried away just to break her will,


to compel her to agree to the demand or request by the offender.
If a woman is carried against her will but without lewd design on
the part of the offender, the crime is grave coercion.

Distinction between illegal detention and arbitrary detention

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Illegal detention is committed by a private person who
kidnaps, detains, or otherwise deprives another of his liberty.
Arbitrary detention is committed by a public officer who detains a
person without legal grounds.

When the person is deprived of his liberty or is seized and


forcibly taken to another place, the inquiry would, be “what is the
purpose of the offender in taking him or her away?”

1. If the seizure is only to facilitate the killing of the victim the


crime committed would either be homicide or murder and the
crime of kidnapping is absorbed.
2. If the seizure or deprivation of liberty is only to compel the
victim to perform an act, be it right or wrong, the crime
committed would only be grave coercion. (People vs. Astorga,
283 SCRA 420).
3. If the deprivation of liberty is to take away the victim to satisfy
the lewd design of the offender, the crime would only be
forcible abduction.
4. If the seizure of the victim is solely to deprive him of his liberty,
the crime is illegal detention.

In the penultimate paragraph of Article 267, there is


deprivation of liberty but not for any for the purposes enumerated
above. It is for the purpose of extorting ransom from the victim or
from any other person. The law classifies the crime committed by
the offender as serious illegal detention even if none of the
circumstances to make it serious is present in the commission of
the crime. In this particular mode of committing the crime of

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serious illegal detention, demand for ransom is an indispensable
element. (People vs. Bustamante, G. R. No. 66427, Dec. 4, 1991)

If the victim was not kidnapped or taken away but was


restrained and deprived of his liberty, like in the case of a hostage
incident where the accused, who was one of the occupants of the
house, grabbed a child, poked a knife on the latter’s neck, called
for media people and demanded a vehicle from the authorities
which he could use in escaping, as it turned out that there was an
unserved arrest warrant against him, the proper charge is Serious
Illegal Detention (without kidnapping anymore) but likewise under
Article 267 of the Revised Penal Code.

Where after taking the victim with her car, the accused
called the house of the victim asking for ransom but upon going to
their safehouse saw several police cars chasing them, prompting
them to kill their victim inside the car, there were two crime
committed – Kidnapping for Ransom and Murder, not a complex
crime of Kidnapping with Murder as she was not taken or carried
away to be killed, killing being an afterthought . (People vs.
Evanoria, 209 SCRA 577).

SLIGHT ILLEGAL DETENTION

Elements:
1. Offender is a private person
2. He kidnaps or detains another or in any other manner
deprives him of his liberty / furnished place for the
perpetuation of the crime
3. That the act of detention or kidnapping must be illegal

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4. That the crime is committed without the attendant of any of
the circumstances enumerated in Art 267

One should know the nature of the illegal detention to know


whether the voluntary release of the offended party will affect the
criminal liability of the offender.

When the offender voluntarily releases the offended party


from detention within three days from the time the restraint of
liberty began, as long as the offender has not accomplished his
purposes, and the release was made before the criminal
prosecution was commenced, this would serve to mitigate the
criminal liability of the offender, provided that the kidnapping or
illegal detention is not serious.

If the illegal detention is serious, however, even if the


offender voluntarily released the offended party, and such release
was within three days from the time the detention began, even if
the offender has not accomplished his purpose in detaining the
offended party, and even if there is no criminal prosecution yet,
such voluntary release will not mitigate the criminal liability of the
offender.

One who furnishes the place where the offended party is


being held generally acts as an accomplice. But the criminal
liability in connection with the kidnapping and serious illegal
detention, as well as the slight illegal detention, is that of the
principal and not of the accomplice.

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The prevailing rule now is Asistio v. Judge, which provides
that voluntary release will only mitigate criminal liability if crime
was slight illegal detention. If serious, it has no effect.
In kidnapping for ransom, voluntary release will not mitigate
the crime. This is because, with the reimposition of the death
penalty, this crime is penalized with the extreme penalty of death.

What is Ransom?

It is the money, price or consideration paid or demanded for


redemption of a captured person or persons, a payment that
releases a person from captivity.

UNLAWFUL ARREST

Elements:
1. That the offender arrests or detains another person
2. That the purpose of the offender is to deliver him to the
proper authorities
3. That the arrest or detention is not authorized by law or there
is no reasonable ground therefor

Notes:

1. Offender is any person, so either a public officer or private


individual

The offender in this article can be a private individual or


public officer. In the latter case, the offender, being a public officer,
has the authority to arrest and detain a person, but the arrest is
made without legal grounds. For him to be punished under this

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article, the public officer must make the arrest and detention
without authority to do so; or without acting in his official capacity.

This felony consists in making an arrest or detention without


legal or reasonable ground for the purpose of delivering the
offended party to the proper authorities.

The offended party may also be detained but the crime is


not illegal detention because the purpose is to prosecute the
person arrested. The detention is only incidental; the primary
criminal intention of the offender is to charge the offended party
for a crime he did not actually commit.

Generally, this crime is committed by incriminating innocent


persons by the offender’s planting evidence to justify the arrest –
a complex crime results, that is, unlawful arrest through
incriminatory machinations under Article 363.

2. Refers to warrantless arrests

If the arrest is made without a warrant and under


circumstances not allowing a warrantless arrest, the crime would
be unlawful arrest.

If the person arrested is not delivered to the authorities, the


private individual making the arrest incurs criminal liability for
illegal detention under Article 267 or 268.

If the offender is a public officer, the crime is arbitrary


detention under Article 124.

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If the detention or arrest is for a legal ground, but the public
officer delays delivery of the person arrested to the proper judicial
authorities, then Article 125 will apply.

Note: This felony may also be committed by public officers.

3. In art 125, the detention is for some legal ground while here,
the detention is not authorized by law

4. In art 125, the crime pertains to failure to deliver the person


to the proper judicial authority within the prescribed period
while here, the arrest is not authorized by law

KIDNAPPING AND FAILURE TO RETURN A MINOR

Elements:
1. That the offender is entrusted with the custody of a minor
person (whether over or under 7 but less than 18 yrs old)
2. That he deliberately fails to restore the said minor to his
parents

If any of the foregoing elements is absent, the kidnapping of


the minor will then fall under Article 267.

If the accused is any of the parents, Article 267 does not


apply; Articles 270 and 271 apply.

If the taking is with the consent of the parents, the crime in


Article 270 is committed.

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In People v. Generosa, it was held that deliberate failure to
return a minor under one’s custody constitutes deprivation of
liberty. Kidnapping and failure to return a minor is necessarily
included in kidnapping and serious illegal detention of a minor
under Article 267(4).

In People v. Mendoza, where a minor child was taken by the


accused without the knowledge and consent of his parents, it was
held that the crime is kidnapping and serious illegal detention
under Article 267, not kidnapping and failure to return a minor
under Article 270.

INDUCING A MINOR TO ABANDON HIS HOME

Elements:
1. That the minor (whether over or under 7) is living in the
home of his parents or guardians or the person entrusted
with his custody
2. That the offender induces a minor to abandon such home

Notes:

The inducement must be actually done with malice and a


determined will to cause damage. (People vs. Paalam, C.A., O.G.
8267-8268). But where the victims abandoned their respective
homes out of an irresponsible spirit of restlessness and
adventure, the crime is not committed.
1. Minor should not leave his home of his own free will
2. Mitigating if by father or mother

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The article also punishes the father or mother who commits
the act penalized under the law. This arises when the custody of
the minor is awarded by the court to one of them after they have
separated. The other parent who induces the minor to abandon
his home is covered by this article.

SLAVERY

Elements:
1. That the offender purchase, sells kidnaps or detains a
human being.
2. That the purpose of the offender is to enslave such human
being.

Slavery is the treatment of a human being as a mere


property, stripped of dignity and human rights. The person is
reduced to the level of an ordinary animal, a mere chattel with
material value capable of pecuniary estimation and for which
reason, the offender purchases and sells the same.
This is distinguished from illegal detention by the purpose. If
the purpose of the kidnapping or detention is to enslave the
offended party, slavery is committed.

The crime is slavery if the offender is not engaged in the


business of prostitution. If he is, the crime is white slave trade
under Article 341.

EXPLOITATION OF CHILD LABOR

Elements:
1. That the offender retains a minor in his service.

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2. That it is against the will of the minor.
3. That it is under the pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or person entrusted with
the custody of such minor.

If the minor agrees to serve the accused, no crime is


committed, even if the service is rendered to pay an ascendant’s
alleged debt.

SERVICES RENDERED UNDER COMPULSION IN


PAYMENT OF DEBT

Element:
1. That the offender compels a debtor to work for him, either as
household servant or farm laborer.
2. That it is against the debtor’s will.
3. That the purpose is to require or enforce the payment of a
debt.

Involuntary servitude or service - In this article, no distinction is


made whether the offended is a minor or an adult.

ABANDONMENT OF PERSON IN DANGER


AND ABANDONMENT OF ONE’S OWN VICTIM

Acts punishable:
1. By failing to render assistance to any person whom the
offender finds in an inhabited place wounded or in danger of
dying, when he can render such assistance without detriment
to himself, unless such omission shall constitute a more
serious offense

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Elements
a. That place is not inhabited.
b. The accused found there a person wounded or in danger of
dying.
c. The accused can render assistance without detriment to
himself.
d. The accused fails to render assistance.

2. By failing to help or render assistance to another whom the


offender has accidentally wounded or injured
3. By failing to deliver a child, under 7 whom the offender has
found abandoned, to the authorities or to his family, or by
failing to take him to a safe place

ABANDONING A MINOR

Elements:
1. That the offender has the custody of a child.
2. That the child is under seven years of age.
3. That he abandons such child.
4. That he has no intent to kill the child when the latter is
abandoned.

In order to hold one criminally liable under this article, the


offender must have abandoned the child with deliberate intent.
The purpose of the offender must solely be avoidance of the
obligation of taking care of the minor.

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ABANDONMENT OF MINOR BY PERSON ENTRUSTED
WITH HIS CUSTODY; INDIFFERENCE OF PARENTS

Acts punished:
1. By delivering a minor to a public institution or other persons
w/o consent of the one who entrusted such minor to the care of
the offender or, in the absence of that one, without the consent
of the proper authorities
Elements:
a. That the offender has charged of the rearing or education
of a minor.
b. That he delivers said minor to a public institution or other
persons.
c. That the one who entrusted such child to the offender has
not consented to such act, or if the one who entrusted
such child to the offender is absent; the proper authorities
have not consented to it.
2. By neglecting his (offender’s) children by not giving them
education which their station in life requires and financial
condition permits
Elements:
a. That the offender is a parent.
b. That he neglects his children by not giving them
education.
c. That his station in life requires such education and his
financial condition permits it.

“Indifference of parents” – while they are financially capable of


supporting the needs of their children, they deliberately neglect to
support the educational requirements of these children through
plain irresponsibility caused by wrong social values.

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EXPLOITATION OF MINORS

Acts punished:
1. By causing any boy or girl under 16 to perform any dangerous
feat of balancing, physical strength or contortion, the offender
being any person
2. By employing children under 16 who are not the children or
descendants of the offender in exhibitions of acrobat, gymnast,
rope-walker, diver, or wild-animal tamer or circus manager or
engaged in a similar calling
3. By employing any descendant under 12 in dangerous
exhibitions enumerated in the next preceding paragraph, the
offender being engaged in any of said callings
4. By delivering a child under 16 gratuitously to any person
following any of the callings enumerated in par 2 or to any
habitual vagrant or beggar, the offender being an ascendant,
guardian, teacher or person entrusted in any capacity with the
care of such child
5. By inducing any child under 16 to abandon the home of its
ascendants; guardians, curators or teachers to follow any
person engaged in any of the callings mentioned in par 2 or to
accompany any habitual vagrant or beggar, the offender being
any person

The offender is engaged in a kind of business that would


place the life or limb of the minor in danger, even though working
for him is not against the will of the minor.

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Nature of the Business – This involves circuses which
generally attract children so they themselves may enjoy working
there unaware of the danger to their own lives and limbs.

Age – Must be below 16 years. At this age, the minor is still


growing.

If the employer is an ascendant, the crime is not committed,


unless the minor is less than 12 years old. Because if the
employer is an ascendant, the law regards that he would look
after the welfare and protection of the child; hence, the age is
lowered to 12 years. Below that age, the crime is committed.

But remember Republic Act No. 7610 (Special Protection of


Children against Child Abuse, Exploitation and Discrimination
Act). It applies to minors below 18 years old, not 16 years old as
in the Revised Penal Code. As long as the employment is
inimical – even though there is no physical risk – and detrimental
to the child’s interest – against moral, intellectual, physical, and
mental development of the minor – the establishment will be
closed.

Article 278 has no application if minor is 16 years old and


above. But the exploitation will be dealt with by Republic Act No.
7610.

If the minor so employed would suffer some injuries as a


result of a violation of Article 278, Article 279 provides that there
would be additional criminal liability for the resulting felony.

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QUALIFIED TRESPASS TO DWELLING

Elements:
1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the latter’s will.

Notes:

Dwelling – This is the place that a person inhabits. It


includes the dependencies which have interior communication
with the house. It is not necessary that it be the permanent
dwelling of the person. So, a person’s room in a hotel may be
considered a dwelling. It also includes a room where one resides
as a boarder.

1. Qualifying circumstance: if the offense is committed by


means of violence or intimidation, the penalty is higher
2. There must be an opposition to the entry of the accused

If the entry is made by a way not intended for entry, that is


presumed to be against the will of the occupant (example, entry
through a window). It is not necessary that there be a breaking.

Lack of permission to enter a dwelling does not amount to


prohibition. So, one who enters a building is not presumed to be
trespasser until the owner tells him to leave the building. In such a
case, if he refuses to leave, then his entry shall now be
considered to have been made without the express consent of the
owner. (People vs. De Peralta, 42 Phil. 69)

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Even if the door is not locked, for as long as it is closed, the
prohibition is presumed especially if the entry was done at the late
hour of the night or at an unholy hour of the day. (U. S. vs.
Mesina, 21 Phil. 615)

3. Implied prohibition is present considering the situation – late at


night and everyone’s asleep or entrance was made through the
window

“Against the will” -- This means that the entrance is, either
expressly or impliedly, prohibited or the prohibition is presumed.
Fraudulent entrance may constitute trespass. The prohibition to
enter may be made at any time and not necessarily at the time of
the entrance.

To prove that an entry is against the will of the occupant, it is


not necessary that the entry should be preceded by an express
prohibition, provided that the opposition of the occupant is clearly
established by the circumstances under which the entry is made,
such as the existence of enmity or strained relations between the
accused and the occupant.

4. May be committed even by the owner (as against the actual


occupant)

Distinction between qualified trespass to dwelling and violation of


domicile

Unlike qualified trespass to dwelling, violation of domicile


may be committed only by a public officer or employee and the

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violation may consist of any of the three acts mentioned in Article
128 – (1) entering the dwelling against the will of the owner
without judicial order; (2) searching papers or other effects found
in such dwelling without the previous consent of the owner
thereof; and (3) refusing to leave the dwelling when so requested
by the owner thereof, after having surreptitiously entered such
dwelling.

5. Not applicable to:


a. entrance is for the purpose of preventing harm to himself,
the occupants or a third person
b. purpose is to render some service to humanity or justice
c. place is a café, tavern etc while open

OTHER FORMS OF TRESPASS

Elements:
1. That the offender enters the closed premises or the fenced
estate of another.
2. That the entrance is made while either of them is uninhabited.
3. That the prohibition to enter be manifest.
4. That the trespasser has not secured the permission of the
owner or the caretaker thereof.

GRAVE THREATS

Acts punishable:
1. By threatening another with the infliction upon his person,
honor or property that of his family of any wrong amounting to

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a crime and demanding money or imposing any other
condition, even though not unlawful and the offender (Note:
threat is with condition)

Elements
a. That the offender threatens another person with the
infliction upon the latter’s person, honor or property, or
upon that of the latter’s family, of any wrong.
b. That such wrong amounts to a crime.
c. That there is a demand for money or that any other
condition is imposed, even though not unlawful.
d. That the offender attains his purpose.

2. By making such threat without the offender attaining his


purpose
3. By threatening another with the 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 a condition (Note:
threat is without condition)

Elements
a. That the offender threatens another person with the
infliction upon the latter’s person, honor or property, or
upon that of the latter’s family, of any wrong.
b. That such wrong amounts to a crime.
c. That the threat is not subject to a condition

Notes:

Intimidation is an indispensable element in the crime of


threat. The very essence of threat is to sow fear, anxiety and

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insecurity in the mind of the offended party. It is done by
threatening to commit the crime upon the person, honor and
property of the offended party. There is a promise of some future
harm or injury.

Threat is a declaration of an intention or determination to


injure another by the commission upon his person, honor or
property or upon that of his family of some wrong which may or
may not amount to a crime:

(1) Grave threats – when the wrong threatened to be


inflicted amounts to a crime. The case falls under Article
282.
(2) Light threats – if it does not amount to a crime. The
case falls under Article 283.

But even if the harm intended is in the nature of a crime, if


made orally and in the heat of anger and after the oral threat, the
issuer of the threat did not pursue the act; the crime is only other
light threats under Article 285.
To constitute grave threats, the threats must refer to a future
wrong and is committed by acts or through words of such
efficiency to inspire terror or fear upon another. It is, therefore,
characterized by moral pressure that produces disquietude or
alarm.

The greater perversity of the offender is manifested when


the threats are made demanding money or imposing any
condition, whether lawful or not, and the offender shall have
attained his purpose. So the law imposes upon him the penalty
next lower in degree than that prescribed for the crime threatened

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to be committed. But if the purpose is not attained, the penalty
lower by two degrees is imposed. The maximum period of the
penalty is imposed if the threats are made in writing or through a
middleman as they manifest evident premeditation.

Distinction between threat and coercion:

The essence of coercion is violence or intimidation. There is


no condition involved; hence, there is no futurity in the harm or
wrong done.
In threat, the wrong or harm done is future and conditional.
In coercion, it is direct and personal.

Distinction between threat and robbery:

(1) As to intimidation – In robbery, the intimidation is


actual and immediate; in threat, the intimidation is future and
conditional.
(2) As to nature of intimidation – In robbery, the
intimidation is personal; in threats, it may be through an
intermediary.
(3) As to subject matter – Robbery refers to personal
property; threat may refer to the person, honor or property.
(4) As to intent to gain – In robbery, there is intent to gain;
in threats, intent to gain is not an essential element.
(5) In robbery, the robber makes the danger involved in
his threats directly imminent to the victim and the
obtainment of his gain immediate, thereby also taking rights
to his person by the opposition or resistance which the
victim might offer; in threat, the danger to the victim is not
instantly imminent nor the gain of the culprit immediate.

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LIGHT THREATS

Elements:
1. That the offender makes a threat to commit a wrong.
2. That the wrong does not constitute a crime.
3. That there is a demand for money or that other condition is
imposed, even though not unlawful
4. That the offender has attained his purpose or, that he has not
attained his purpose

In order to convict a person of the crime of light threats, the


harm threatened must not be in the nature of crime and there is a
demand for money or any other condition is imposed, even
though lawful.

BOND FOR GOOD BEHAVIOR

The law imposes the penalty of bond for good behavior only
in case of grave and light threats. If the offender can not post the
bond, he will be banished by way of destierro to prevent him from
carrying out his threat.
Bond of good behavior means the posting of bond on the part of
the accused in order to guarantee that he will not molest the
offended party. It is in the nature of an additional penalty.
Bond to keep peace under Article 35 is applicable to all
cases and is treated as a distinct penalty. If the sentenced
prisoner fails to give the bond, he shall be detained for a period
not exceeding six months if the crime for which he was convicted
is classified as grave felony or for a period not exceeding thirty
days if convicted for a light felony.

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OTHER LIGHT THREATS

Elements:
1. Person shall threaten another with a weapon, or draw weapon
in a quarrel unless in self-defense.
2. In the heat of anger, person orally threatens another with some
harm constituting a crime, without persisting in the idea
involved in the threat. Subsequent acts did not persist.
3. Person orally threatens another with harm not constituting a
felony.

In the crime of light threats, there is no demand for money


and the threat made is not planned or done with deliberate intent.
So threats which would otherwise qualify as grave threats, when
made in the heat of anger or which is a product of a spur of the
moment are generally considered as light threats.

Whether it is grave or light threats, the crime is committed


even in the absence of the person to whom the threat is directed.

GRAVE COERCIONS

Elements:
1. That a person prevented another from doing something OR not
to do something against his will, be it right or wrong;

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2. That the prevention or compulsion be effected by violence, of
force as would produce intimidation and control the will.
3. That the person that restrained the will and liberty by another
had not the authority of law or the right to do so, or, in other
words, that the restraint shall not be made under authority of
law or in the exercise of any lawful right.

Acts punished

1. Preventing another, by means of violence, threats or


intimidation, from doing something not prohibited by law;
2. Compelling another, by means of violence, threats or
intimidation, to do something against his will, whether it be right
or wrong.

In grave coercion, the act of preventing by force must be


made at the time the offended party was doing or was about to do
the act to be prevented.

Grave coercion arises only if the act which the offender


prevented another to do is not prohibited by law or ordinance. If
the act prohibited was illegal, he is not liable for grave coercion.

If a person prohibits another to do an act because the act is


a crime, even though some sort of violence or intimidation is
employed, it would not give rise to grave coercion. It may only
give rise to threat or physical injuries, if some injuries are inflicted.
However, in case of grave coercion where the offended party is
being compelled to do something against his will, whether it be
wrong or not, the crime of grave coercion is committed if violence

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or intimidation is employed in order to compel him to do the act.
No person shall take the law into his own hands.

LIGHT COERCIONS

Elements:
1. That the offender must be a creditor.
2. That he seizes anything belonging to his debtor.
3. That the seizure of the thing be accomplished by means of
violence or a display of material force producing intimidation;
4. That the purpose of the offender is to apply the same to the
payment of the debt.

UNJUST VEXATION

In unjust vexation, any act committed without violence, but


which unjustifiably annoys or vexes an innocent person amounts
to light coercion.
As a punishable act, unjust vexation should include any
human conduct which, although not productive of some physical
or material harm would, however, unjustifiably annoy or vex an
innocent person. It is distinguished from grave coercion under the
first paragraph by the absence of violence.

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OTHER SIMILAR COERCIONS

ELEMENTS OF NO. 1 - Forcing or compelling, directly or


indirectly or knowingly permitting the forcing or compelling of the
laborer or employee of the offender to purchase merchandise of
commodities of any kind from him;

1. That the offender is any person, agent or officer of any


association or corporation.
2. That he or such firm or corporation has employed laborers
or employees.
3. That he forces or compels, directly or indirectly, or knowingly
permits to be forced or compelled, any of his or its laborers
or employees to purchase merchandise or commodities of
any kind from his or from said firm or corporation.

ELEMENTS OF NO. 2 - Paying the wages due his laborer or


employee by means of tokens or object other than the legal
tender currency of the Philippines, unless expressly requested by
such laborer or employee.

1. That the offender pays the wages due a laborer or employee


employed by him by means of tokens or objects.
2. That those tokens or objects are other than the legal tender
currency to the Philippines.
3. That such employee or laborer does not expressly request
that he be paid by means of tokens or objects.

Under the Republic Act No. 602, known as the Minimum


Wage Law, wages of laborers must be paid in legal tender.
Accordingly, it is unlawful to pay the wages of the laborers in the

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form of promissory notes, vouchers, coupons, tokens, or any
other forms alleged to represent legal tender.

FORMATION, MAINTENANCE, AND PROHIBITION OF


COMBINATION OF CAPITAL OR LABOR THROUGH
VIOLENCE OR THREATS

Elements:
1. That the offender employs violence or threats, in such a degree
as to compel or force the laborers or employers in the free and
legal exercise of their industry or work
2. That the purpose is to organize, maintain or prevent coalitions
of capital or labor, strike of laborers or lockout of employees.

Peaceful picketing is part of the freedom of speech and is


not covered by this article. Preventing employees or laborers from
joining any registered labor organization is punished under Art.
248 of the Labor Code.

DISCOVERY AND REVELATION OF SECRETS

DISCOVERING SECRETS THROUGH SEIZURE OF


CORRESPONDENCE

Elements
1. That the offender is a private individual or even a public
officer not in the exercise of his official function,
2. That he seizes the papers or letters of another.
3. That the purpose is to discover the secrets of such another
person.

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4. That offender is informed of the contents or the papers or
letters seized.

REVEALING SECRETS WITH ABUSE OF OFFICE

Elements
1. That the offender is a manager, employee or servant.
2. That he learns the secrets of his principal or master in such
capacity.
3. That he reveals such secrets.

REVELATION OF INDUSTRIAL SECRETS

Elements
1. That the offender is a person in charge, employee or
workman of a manufacturing or industrial establishment.
2. That the manufacturing or industrial establishment has a
secret of the industry which the offender has learned.
3. That the offender reveals such secrets.
4. That the prejudice is caused to the owner.

A business secret must not be known to other business


entities or persons. It is a matter to be discovered, known and
used by and must belong to one person or entity exclusively. One
who merely copies their machines from those already existing and
functioning cannot claim to have a business secret, much less, a
discovery within the contemplation of Article 292.

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ROBBERY IN GENERAL

Elements
1. That there be personal property belonging to another.
2. That there is unlawful taking of that property.
3. That the taking must be with intent to gain, and
4. That there is violence against or intimidation of any person,
or force upon anything.

Robbery – This is the taking or personal property belonging


to another, with intent to gain, by means of violence against, or
intimidation of any person, or using force upon anything.

Two kinds of robbery: 1) robbery with violence or intimidation and


2) robbery with force upon things.

1. Belonging to another – person from whom property was


taken need not be the owner, legal possession is sufficient

The property must be personal property and cannot refer to


real property.

2. Name of the real owner is not essential so long as the


personal property taken does not belong to the accused
except if crime is robbery with homicide

3. Taking of personal property – must be unlawful; if given in


trust – estafa

4. As to robbery with violence or intimidation – from the


moment the offender gains possession of the thing even if

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offender has had no opportunity to dispose of the same, the
unlawful taking is complete

5. As to robbery with force upon things – thing must be taken


out of the building

6. Intent to gain – presumed from unlawful taking - Intent to


gain may be presumed from the unlawful taking of another’s
property. However, when one takes a property under the
claim of ownership or title, the taking is not considered to be
with intent to gain. (U. S. vs. Manluco, et al., 28 Phil. 360)

7. When there’s no intent to gain but there is violence in the


taking – grave coercion

8. Violence or intimidation must be against the person of the


offended party, not upon the thing

9. General rule: violence or intimidation must be present before


the “taking” is complete, Exception: when violence results in
– homicide, rape, intentional mutilation or any of the serious
physical injuries in par 1 and 2 of art 263, the taking of the
property is robbery complexed with any of these crimes
under art 294, even if taking is already complete when
violence was used by the offender

10. Use of force upon things – entrance to the building by


means described in arts 299 and 302 (offender must enter)

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The other kind of robbery is one that is committed with the
use of force upon anything in order to take with intent to gain, the
personal property of another. The use of force here must refer to
the force employed upon things in order to gain entrance into a
building or a house. (People vs. Adorno, C. A. 40 O. G. 567)

11. When both violence or intimidation and force upon


things concur – it is robbery with violence

Robbery and Theft, compared.

1. Both robbery and theft involve unlawful taking as an element;


2. Both involve personal property belonging to another;
3. In both crimes, the taking is done with intent to gain;
4. In robbery, the taking is done either with the use of violence or
intimidation of person or the employment of force upon things;
whereas in theft, the taking is done simply without the
knowledge and consent of the owner.

Robbery with Grave threats Grave coercion


violence
Intent to gain No intent to None
gain
Immediate harm Intimidation; Intimidation (effect) is
promises some immediate and offended
future harm or party is compelled to do
injury something against his will
(w/n right or wrong)

Robbery Bribery

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X didn’t commit crime but is X has committed a crime and
intimidated to deprive him of his gives money as way to avoid
property arrest or prosecution
Deprived of money thru force or Giving of money is in one
intimidation sense voluntary
Neither Transaction is voluntary and
mutual
Ex. defendant demands payment
of P2.00 with threats of arrest and
prosecution, therefore, robbery
because (a) intent to gain and (b)
immediate harm

ANTI – CARNAPPING ACT ( RA # 6539 )

“Carnapping” is the taking, with intent to gain, of a motor


vehicle belonging to another without the latter’s consent, or by
means of violence against or intimidation of persons, or by using
force upon things.

Any vehicle which is motorized using the streets which are


public, not exclusively for private use is covered within the
concept of motor vehicle under the Anti-Carnapping Law. A
tricycle which is not included in the enumeration of exempted
vehicles under the Carnapping Law is deemed to be motor
vehicle as defined in the law, the stealing of which comes within
its penal sanction.

If the vehicle uses the streets with or without the required


license, the same comes within the protection of the law, for the
severity of the offense is not to be measured by what kind of

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street or highway the same is used but by the nature of the
vehicle itself and the case to which it is devoted. (Izon, et al., vs.
People, 107 SCRA 118)

ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION


OF PERSON

Acts punished as robbery with violence against or intimidation


of persons

By reason or on occasion of the robbery, the following are


committed:

1. homicide
2. robbery accompanied with rape or intentional mutilation, SPI
– insane, imbecile, impotent or blind
3. SPI – lost the use of speech, hear, smell, eye, hand, foot,
arm, leg, use of any such member, incapacitated for work
habitually engaged in
4. Violence/intimidation shall have been carried to a degree
clearly unnecessary for the crime or when in the cause of its
execution – SPI/deformity, or shall have lost any part of the
body or the use thereof or shall have been ill or
incapacitated for the performance of the work for > 90 days;
> 30 days
5. Any kind of robbery with less serious physical injuries or
slight physical injuries

Case:

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A, B, C and D robbed a bank. When they were
about to flee, policemen came, and they traded shots with
them. If one of the policemen was killed, the offense is
Robbery with Homicide. If one of the robbers was the one
killed, the remaining robbers shall be charged also with
Robbery with Homicide. If a bank employee was the one
killed either by the robbers or by the policemen in the
course of the latter’s action of arresting or trying to arrest
the robbers, the crime is still Robbery with Homicide.

As long as the criminal intent is to rob, that is, robbery was


the real motive, the offense would still be classified as Robbery
with Homicide even if the killing preceded or was done ahead of
the robbing. (People vs. Tolentino, 165 SCRA 490). Thus, as a
member of the “agaw-armas” gang whose plan and design is to
rob a policeman of his service revolver, but because he fears that
said policeman may beat him to the draw, first shoots the
policeman fatally and only after when the latter lies dead, does he
get the gun – the crime is still considered Robbery with Homicide.

This is a crime against property, and therefore, you contend


not with the killing but with the robbery.

The term “homicide” is used in the generic sense, and the


complex crime therein contemplated comprehends not only
robbery with homicide in its restricted sense, but also with robbery
with murder. So, any kind of killing by reason of or on the
occasion of a robbery will bring about the crime of robbery with
homicide even if the person killed is less than three days old, or
even if the person killed is the mother or father of the killer, or
even if on such robbery the person killed was done by treachery

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or any of the qualifying circumstances. In short, there is no crime
of robbery with parricide, robbery with murder, robbery with
infanticide – any and all forms of killing is referred to as homicide.

Illustration 1:

The robbers enter the house. In entering through the


window, one of the robbers stepped on a child less than three
days old. The crime is not robbery with infanticide because there
is no such crime. The word homicide as used in defining robbery
with homicide is used in the generic sense. It refers to any kind of
death.

Although it is a crime against property and treachery is an


aggravating circumstance that applies only to crimes against
persons, if the killing in a robbery is committed with treachery, the
treachery will be considered a generic aggravating circumstance
because of the homicide.

When two or more persons are killed during the robbery, such
should be appreciated as an aggravating circumstance.

As long as there is only one robbery, regardless of the


persons killed, you only have one crime of robbery with homicide.
Note, however, that “one robbery” does not mean there is only
one taking.

Illustration 2:

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Robbers decided to commit robbery in a house, which
turned out to be a boarding house. Thus, there were different
boarders who were offended parties in the robbery. There is only
one count of robbery. If there were killings done to different
boarders during the robbery being committed in a boarder’s
quarter, do not consider that as separate counts of robbery with
homicide because when robbers decide to commit robbery in a
certain house, they are only impelled by one criminal intent to rob
and there will only be one case of robbery. If there were homicide
or death committed, that would only be part of a single robbery.
That there were several killings done would only aggravate the
commission of the crime of robbery with homicide.

In robbery with homicide as a single indivisible offense, it is


immaterial who gets killed. Even though the killing may have
resulted from negligence, you will still designate the crime as
robbery with homicide.

Illustration 3:

On the occasion of a robbery, one of the offenders placed


his firearm on the table. While they were ransacking the place,
one of the robbers bumped the table. As a result, the firearm fell
on the floor and discharged. One of the robbers was the one
killed. Even though the placing of the firearm on the table where
there is no safety precaution taken may be considered as one of
negligence or imprudence, you do not separate the homicide as
one of the product of criminal negligence. It will still be robbery
with homicide, whether the person killed is connected with the
robbery or not. He need not also be in the place of the robbery.

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Note that the person killed need not be one who is identified
with the owner of the place where the robbery is committed or one
who is a stranger to the robbers. It is enough that the homicide
was committed by reason of the robbery or on the occasion
thereof.

Illustration 4:

There are two robbers who broke into a house and carried
away some valuables. After they left such house these two
robbers decided to cut or divide the loot already so that they can
go of them. So while they are dividing the loot the other robber
noticed that the one doing the division is trying to cheat him and
so he immediately boxed him. Now this robber who was boxed
then pulled out his gun and fired at the other one killing the latter.
Would that bring about the crime of robbery with homicide? Yes.
Even if the robbery was already consummated, the killing was still
by reason of the robbery because they quarreled in dividing the
loot that is the subject of the robbery.

Remember also that intent to rob must be proved. But there


must be an allegation as to the robbery not only as to the intention
to rob. If the motive is to kill and the taking is committed
thereafter, the crimes committed are homicide and theft. If the
primordial intent of the offender is to kill and not to rob but after
the killing of the victims a robbery was committed, then there are
will be two separate crimes.

Illustration 5:

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If a person had an enemy and killed him and after killing
him, saw that he had a beautiful ring and took this, the crime
would be not robbery with homicide because the primary criminal
intent is to kill. So, there will be two crimes: one for the killing
and one for the taking of the property after the victim was killed.
Now this would bring about the crime of theft and it could not be
robbery anymore because the person is already dead.

For robbery with homicide to exist, homicide must be


committed by reason or on the occasion of the robbery, that is,
the homicide must be committed “in the course or because of the
robbery.” Robbery and homicide are separate offenses when the
homicide is not committed “on the occasion” or “by reason” of the
robbery.

Robbery with homicide need not be committed inside a


building. What constitutes the crime as robbery with homicide is
the killing of a person on the occasion or by reason of the taking
of personal property belonging to another with intent to gain.

The killing on the occasion of robbery may come in different


forms. 1) It may be done by the offender for the purpose of
suppressing evidence, like when the victim is killed because he
happens to know the person of the offender; or 2) when the killing
is done in order to prevent or remove any opposition which the
victim may put up as regards the taking of his personal
belongings. 3) The killing may also result from the offender’s
defense of his possession of the stolen goods. 4) Or it may be
resorted to by the offender to facilitate his escape after the
commission of the robbery.

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Robbery with Rape

a. Intent to commit robbery must precede rape.


b. Prosecution of the crime need not be by offended party –
fiscal can sign the information.
c. When rape and homicide co-exist, rape should be
considered as aggravating only and the crime is still robbery
with homicide

The rape committed on the occasion of the robbery is not


considered a private crime because the crime is robbery, which is
a crime against property. So, even though the robber may have
married the woman raped, the crime remains robbery with rape.
The rape is not erased. This is because the crime is against
property which is a single indivisible offense.

If the woman, who was raped on the occasion of the


robbery, pardoned the rapist who is one of the robbers, that would
not erase the crime of rape. The offender would still be
prosecuted for the crime of robbery with rape, as long as the rape
is consummated.

If the rape is attempted, since it will be a separate charge


and the offended woman pardoned the offender that would bring
about a bar to the prosecution of the attempted rape. If the
offender married the offended woman, that would extinguish the
criminal liability because the rape is the subject of a separate
prosecution.

The intention must be to commit robbery and even if the


rape is committed before the robbery, robbery with rape is

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committed. But if the accused tried to rape the offended party
and because of resistance, he failed to consummate the act, and
then he snatched the vanity case from her hands when she ran
away, two crimes are committed: attempted rape and theft.

The Revised Penal Code does not differentiate whether


rape was committed before, during or after the robbery. It is
enough that the robbery accompanied the rape. Robbery must
not be a mere accident or afterthought.

If the two (2) crimes were separated both by time and place,
there is no complex crime of Robbery with Rape. Thus, when
complainant went out of her room about 1:30 a.m. to urinate, one
of the accused grabbed her, poked an icepick on her neck , and
dragged her out of the house and was made to board a taxi; and
before boarding, she saw the two (2) companions of the man
carrying her typewriter and betamax and then joining them in the
taxi, and that after alighting from the taxi, the two (2) companions
left her, and the man who had grabbed her brought her to a motel,
where by means of force and intimidation he was able to have sex
with her, the crimes committed are Robbery and Forcible
Abduction with Rape. The Rape committed cannot be complexed
with Robbery. (People vs. Angeles, 222 SCRA 451).

If rape was the primary objective of the accused and the


taking of her jewelries was not done with intent to gain but as a
token of her supposed consent to the sexual intercourse, the
accused is guilty of two distinct crimes: rape and unjust vexation.
(People vs. Villarino, C. A. G. R. No. 6342-R, Nov. 26, 1951)

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d. robbery with intimidation – acts done by the accused
which by their own nature or by reason of the circumstances
inspire fear in the person against whom they are directed

In the taking of personal property, it is necessary that


violence must be employed by the offender in order that the
taking may be considered as robbery. So, where the taking is
without violence or intimidation and the same is complete, but the
victim pursued the offender in order to recover the personal
property taken and by the reason thereof, he suffers less serious
or slight physical injuries in the hands of the offender, the violence
employed on the victim which resulted to his injuries will not
convert the taking of his personal property to robbery. In such a
case, the offender is liable for two crimes, namely, theft and less
serious or slight physical injuries.

The intimidation must be present at the time of the taking


before it is completed. If the taking is completed without
intimidation and it is employed by the offender only to prevent the
owner from recovering his stolen property, two crimes are
committed by the offender: theft and grave threat.

If violence is employed against the offended party in order to


deprive him of his personal property and the violence resulted to
the infliction of less serious or slight physical injuries, the crime
committed would only be robbery. Hence, there is no crime of
robbery with less serious or slight injuries. (U. S. vs. Barroga, 21
Phil 161)

On Robbery with Physical Injuries

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To be considered as such, the physical injuries must always
be serious. If the physical injuries are only less serious or slight,
they are absorbed in the robbery. The crime becomes merely
robbery. But if the less serious physical injuries were committed
after the robbery was already consummated, there would be a
separate charge for the less serious physical injuries. It will only
be absorbed in the robbery if it was inflicted in the course of the
execution of the robbery. The same is true in the case of slight
physical injuries.

Illustration 1:

After the robbery had been committed and the robbers were
already fleeing from the house where the robbery was committed,
the owner of the house chased them and the robbers fought back.
If only less serious physical injuries were inflicted, there will be
separate crimes: one for robbery and one for less serious
physical injuries.

But if after the robbery was committed and the robbers were
already fleeing from the house where the robbery was committed,
the owner or members of the family of the owner chased them,
and they fought back and somebody was killed, the crime would
still be robbery with homicide. But if serious physical injuries were
inflicted and the serious physical injuries rendered the victim
impotent or insane or the victim lost the use of any of his senses
or lost a part of his body, the crime would still be robbery with
serious physical injuries. The physical injuries (serious) should
not be separated regardless of whether they retorted in the
course of the commission of the robbery or even after the robbery
was consummated.

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On Robbery with Arson

Another innovation of Republic Act No. 7659 is the


composite crime of robbery with arson if arson is committed by
reason of or on occasion of the robbery. The composite crime
would only be committed if the primordial intent of the offender is
to commit robbery and there is no killing, rape, or intentional
mutilation committed by the offender during the robbery.
Otherwise, the crime would be robbery with homicide, or robbery
with rape, or robbery with intentional mutilation, in that order and
the arson would only be an aggravating circumstance. It is
essential that robbery precedes the arson, as in the case of rape
and intentional mutilation, because the amendment included
arson among the rape and intentional mutilation which have
accompanied the robbery.

Moreover, it should be noted that arson has been made a


component only of robbery with violence against or intimidation of
persons in said Article 294, but not of robbery by the use of force
upon things in Articles 299 and 302.

So, if the robbery was by the use of force upon things and
therewith arson was committed, two distinct crimes are
committed.

QUALIFIED ROBBERY WITH VIOLENCE OR


INTIMIDATION

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Qualifying circumstances in robbery with violence or
intimidation of persons, if any of the offenses defined in
subdivisions 3, 4 and 5 of Art 294 is committed:
a. in an uninhabited place or
b. by a band or
c. by attacking a moving train, street car, motor vehicle or
airship, or
d. by entering the passenger’s compartments in a train, or in
any manner taking the passengers thereof by surprise in the
respective conveyances, or
e. on a street, road, highway or alley and the intimidation is
made with the use of firearms, the offender shall be
punished by the max period of the proper penalties
prescribed in art 294

Notes:

1. Must be alleged in the information


2. Can’t be offset by generic mitigating
3. Art 295 will not apply to: robbery w/ homicide, rape or SPI
under par 1 of art 263

ROBBERY BY A BAND

Band is defined as consisting of at least four armed


malefactors organized with the intention of carrying out any
unlawful design. Their participation in the commission of the crime
must be actual. The offender must be principal by direct
participation, so that, a principal by inducement cannot be
convicted of this crime where the aggravating circumstance of
band shall be appreciated against him, since the law requires as a

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condition to its commission the actual participation of the offender
in the execution of the crime. In such a case, the conviction of a
principal by inducement will only be limited to his criminal liability
as a co-conspirator.

1. Liability for the acts of the other members of the band

a. he was a member of the band


b. he was present at the commission of a robbery by that band
c. other members of the band committed an assault
d. he did not attempt to prevent the assault

2. Conspiracy to commit robbery with homicide – even if less than


4 armed men

3. Conspiracy to commit robbery only but homicide was


committed also on the occasion thereof – all members of the
band are liable for robbery with homicide

Even if the agreement refers only to the robbery,


nonetheless, where the robbery is committed by a band and a
person is killed, any member who was present at the commission
of the robbery and who did not do anything to prevent the killing of
the victim on the occasion of the robbery shall be held liable for
the crime of robbery with homicide. (People vs. Cinco, 194 SCRA
535)

4. Conspiracy is presumed when 4 or more armed persons


committed robbery

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5. Unless the others attempted to prevent the assault – guilty of
robbery by band only

Band is a generic aggravating circumstance in the crime of


robbery with homicide or rape. But in the other circumstances
provided under Article 294 particularly paragraphs 3, 4 and 5,
band is a special aggravating circumstance which must be
alleged in the information.

Band is a special aggravating circumstance if the robbery


results in the infliction of serious physical injuries.

The arms contemplated under this article refers to any


deadly weapon and is not limited to firearms, whether long or
short.

ATTEMPTED OR FRUSTRATED ROBBERY WITH


HOMICIDE

1. Whether robbery is attempted or frustrated, penalty is the same

When the robbery is attempted or frustrated, Art. 294 have no


application because the robbery and the homicide must be both
consummated.

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Where the homicide is only attempted or frustrated, Article 297
does not apply. In the same manner, where the attempted or
frustrated robbery results in the commission of serious physical
injuries, Article 297 has no application. In such a case, the crime
shall be treated under the provisions of Article 48 on ordinary
complex crimes. Consequently, the penalty prescribed by Article
48 shall be observed.

EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR


INTIMIDATION

Elements

1. That the offender has intent to defraud another.


2. That the offender compels him to sign, execute, or deliver any
public instrument or document.
3. That the compulsion is by means of violence or intimidation.

The element of intent to gain or fraudulent intent is what


distinguishes this felony from grave coercion. Although both
crimes share a common element which is the compelling of any
person to do something against his will, nonetheless, in coercion,
the fear created in the mind of the offended party is not immediate
but remote. In this type of robbery, the fear is immediate and not
remote. In coercion, there is no intent to gain whereas in this form
of robbery, intent to gain is an indispensable element.

ROBBERY IN AN INHABITED HOUSE OR PUBLIC


BUILDING OR EDIFICE DEVOTED TO WORSHIP

Elements

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1. That the offender entered (a) an inhabited house, or (b) public
buildings, or (c) edifice devoted to religious worship.
2. That the entrance was effected by any of the following means:
a. Through an opening not intended for entrance or egress.
b. By breaking any wall, roof, or floor or breaking any door
or window.
c. By using false keys, picklocks or similar tools or.
d. By using any fictitious name or pretending the exercise of
public authority.
3. That once inside the building, the offender took personal
property belonging to another with intent to gain.

Nota Bene: In this kind of Robbery, no violence or intimidation


against persons is ever used.

1. Includes dependencies (stairways, hallways, etc.)

A small store located on the ground floor of a house is a


dependency of the house, there being no partition between the
store and the house and in going to the main stairway, one has to
enter the store which has a door. (U.S. vs. Ventura, 39 Phil. 523).

2. Inhabited house – any shelter, ship or vessel constituting the


dwelling of one or more person even though temporarily
absent – dependencies, courts, corals, barns, etc.

3. NOT INCLUDED – ORCHARD, LANDS FOR


CULTIVATION.

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4. Important for robbery by use of force upon things, it is
necessary that offender enters the building or where object
may be found. NO ENTRY, NO ROBBERY

In the absence of evidence to show how bandits effected an


entrance into the convent which they robbed, there can be no
conviction under this article. The act would be treated as Theft.
( U.S. vs. Callotes, 2 PHIL 16 )

"Force upon things" has a technical meaning in law. Not


any kind of force upon things will characterize the taking as one of
robbery. The force upon things contemplated requires some
element of trespass into the establishment where the robbery was
committed. In other words, the offender must have entered the
premises where the robbery was committed. If no entry was
effected, even though force may have been employed actually in
the taking of the property from within the premises, the crime will
only be theft.

The term force upon things has a legal meaning. It means


the employment of force to effect entrance into the house or
building by destroying the door, window, roof, wall or floor of the
aforesaid house or building. In other words, the force upon things
has no reference to personal property but to a house or building
which is ordinarily classified as real property.

5. Entrance is necessary – mere insertion of hand is not


enough (whole body); not to get out but to enter – therefore,
evidence to such effect is necessary

Two predicates that will give rise to the crime as robbery:

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a. By mere entering alone, a robbery will be committed if
any personal property is taken from within;
b. The entering will not give rise to robbery even if
something is taken inside. It is the breaking of the
receptacle or closet or cabinet where the personal
property is kept that will give rise to robbery, or the taking
of a sealed, locked receptacle to be broken outside the
premises.

If by the mere entering, that would already qualify the taking


of any personal property inside as robbery, it is immaterial
whether the offender stays inside the premises. The breaking of
things inside the premises will only be important to consider if the
entering by itself will not characterize the crime as robbery with
force upon things.

Modes of entering that would give rise to the crime of


robbery with force upon things if something is taken inside the
premises: entering into an opening not intended for entrance or
egress, under Article 299 (a).

Illustration 1:

The entry was made through a fire escape. The fire escape
was intended for egress. The entry will not characterize the
taking as one of robbery because it is an opening intended for
egress, although it may not be intended for entrance. If the
entering were done through the window, even if the window was

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not broken, that would characterize the taking of personal
property inside as robbery because the window is not an opening
intended for entrance.

Illustration 2:

On a sari-sari store, a vehicle bumped the wall. The wall


collapsed. There was a small opening there. At night, a man
entered through that opening without breaking the same. The
crime will already be robbery if he takes property from within
because that is not an opening intended for the purpose.
Even of there is a breaking of wall, roof, floor or window, but the
offender did not enter, it would not give rise to robbery with force
upon things.

Note that in the crime of robbery with force upon things,


what should be considered is the means of entrance and means
of taking the personal property from within. If those means do not
come within the definition under the Revised Penal Code, the
taking will only give rise to theft.

Those means must be employed in entering. If the offender


had already entered when these means were employed, anything
taken inside, without breaking of any sealed or closed receptacle,
will not give rise to robbery.

Illustration 3:

A found B inside his (A’s) house. He asked B what the latter


was doping there. B claimed he is an inspector from the local city
government to look after the electrical installations. At the time B

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was chanced upon by A, he has already entered. So anything he
took inside without breaking of any sealed or closed receptacle
will not give rise to robbery because the simulation of public
authority was made not in order to enter but when he has already
entered.

6. P v. Lamahang – intent to rob being present is necessary

7. Place: house or building; not car

8. Public building – every building owned, rented or used by


the government (though owned by private persons) though
temporarily vacant

9. Not robbery – passing through open door but getting out of a


window

If accused entered the house through a door, and it was while


escaping that he broke any wall, floor or window after taking
personal property inside the house – there is no Robbery
committed, only Theft.

10. Outside door must be broken, smashed. Theft – if lock


is merely removed or door was merely pushed

Breaking of the door under Article299 (b) – Originally, the


interpretation was that in order that there be a breaking of the
door in contemplation of law, there must be some damage to the
door.

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Before, if the door was not damaged but only the lock attached to
the door was broken, the taking from within is only theft. But the
ruling is now abandoned because the door is considered useless
without the lock. Even if it is not the door that was broken but
only the lock, the breaking of the lock renders the door useless
and it is therefore tantamount to the breaking of the door. Hence,
the taking inside is considered robbery with force upon things.

11. False keys – genuine keys stolen from the owner or


any keys other than those intended by the owner for use in
the lock

12. Picklocks – specially made, adopted for commission of


robbery

13. Key – stolen not by force, otherwise, it’s robbery by


violence and intimidation against persons

14. False key – used in opening house and not furniture


inside, otherwise, theft (for latter to be robbery., must be
broken and not just opened)

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Use of picklocks or false keys refers to the entering
into the premises – If the picklock or false key was
used not to enter the premises because the offender
had already entered but was used to unlock an interior
door or even a receptacle where the valuable or
personal belonging was taken, the use of false key or
picklock will not give rise to the robbery with force
upon things because these are considered by law as
only a means to gain entrance, and not to extract
personal belongings from the place where it is being
kept.

15. Gen. Rule: outside door. Exception: inside door in a


separate dwelling

If in the course of committing the robbery within the


premises some interior doors are broken, the taking from inside
the room where the door leads to will only give rise to theft. The
breaking of doors contemplated in the law refers to the main door
of the house and not the interior door.

But if it is the door of a cabinet that is broken and the


valuable inside the cabinet was taken, the breaking of the cabinet
door would characterize the taking as robbery. Although that
particular door is not included as part of the house, the cabinet
keeps the contents thereof safe.

16. E.g. pretending to be police to be able to enter (not


pretending after entrance)

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When the robbery is committed in a house which is
inhabited, or in a public building or in a place devoted to religious
worship, the use of fictitious name or pretension to possess
authority in order to gain entrance will characterize the taking
inside as robbery with force upon things.

If A and B told the occupant of the house that they were the
nephews of the spouse of the owner of the house, and because of
that, the closed door was opened, or that they were NBI agents
executing a warrant of arrest, and so the occupant opened the
door, any taking personal property thereat with intent to gain,
would be Robbery.

ELEMENTS OF ROBBERY WITH FORCE UPON


SUBDIVISION (B) OR ART. 299

1. That the offender is inside a dwelling house, public building, or


edifice devoted to religious worship, regardless of the
circumstances under which he entered it
2. That the offender takes personal property belonging to another
with intent to gain, under any of the following circumstances.

a. by the breaking of doors, wardrobes, chests, or any other


kind of locked or sealed furniture or receptacle, or
b. by taking such furniture or objects away to be broken or
forced open outside the place of the robbery.

Notes:

1. Entrance ( no matter how done)

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If the entering does not characterize the taking inside as one
of robbery with force upon things, it is the conduct inside that
would give rise to the robbery if there would be a breaking of
sealed, locked or closed receptacles or cabinet in order to get the
personal belongings from within such receptacles, cabinet or
place where it is kept.

2. Offender may be servants or guests

A friend who has invited in a house and who enters a room


where he finds a closed cabinet where money is kept, is guilty of
robbery if he forcibly opens the said cabinet and takes the money
contained therein.

3. When sealed box is taken out for the purpose of breaking it,
no need to open – already consummated robbery
4. Estafa – if box is in the custody of accused
5. Theft – if box found outside and forced open

ROBBERY IN AN UNINHABITED PLACE AND BY A BAND

When the robbery with force upon things is committed in an


uninhabited place and by a band, the robbery becomes qualified.
In the same manner, where robbery with violence against or
intimidation of persons is committed by a band or in an
uninhabited place, the crime becomes qualified.

The place considered uninhabited when it is not used as a


dwelling. It may refer to a building or a house which is not used as
a dwelling.

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If a house is inhabited and its owners or occupants
temporarily left the place to take a short vacation in another place,
their casual absence will not make the place or house
uninhabited. (U. S. vs. Ventura, 39 Phil. 523)

WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING OR


BUILDING DEDICATED TO RELIGIOUS WORSHIP AND
THEIR DEPENDENCIES

Nota Bene

Inhabited house – Any shelter, ship, or vessel constituting


the dwelling of one or more persons, even though the inhabitants
thereof shall temporarily be absent therefrom when the robbery is
committed.

Public building – Includes every building owned by the


government or belonging to a private person but used or rented
by the government, although temporarily unoccupied by the
same.

1. Dependencies – are all interior courts, corrals, warehouses,


granaries or enclosed places:
a. contiguous to the building
b. having an interior entrance connected therewith
c. which form part of the whole

2. Garage – must have 3 requirements. Exception: orchards/lands

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ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE
BUILDING

Elements:
1. That the offender entered an uninhabited place or a building
which was not a dwelling house, not a public building, or not an
edifice devoted to religious worship.
2. that any of the following circumstances was present:
a. That entrance was effected through an opening not intended
for entrance or egress.
b. A wall, roof, floor, or outside door or window was broken.
c. The entrance was effected through the use of false keys,
picklocks or other similar tools.
d. A door, wardrobe, chest, or any sealed or closed furniture or
receptacle was broken or
e. A closed or sealed receptacle was removed, even if the
same be broken open elsewhere.
3. That with intent to gain the offender took therefrom personal
property belonging to another.

Nota Bene:

1. Second kind of robbery with force upon things

It must be taken note of, that the entrance by using any


fictitious name or pretending the exercise of public authority is not
among those mentioned in Article 302 because the place is
Uninhabited and therefore without person present. Likewise, in
this class of Robbery, the penalty depends on the amount taken

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disregarding the circumstances of whether the robbers are armed
or not as in the case in Robbery in Inhabited Place.

2. Uninhabited place – is an uninhabited building (habitable,


not any of the 3 places mentioned)
3. Ex. warehouse, freight car, store. Exception: pigsty

A store may or may not be an inhabited place depending


upon the circumstances of whether or not it is usually occupied by
any person lodging therein at night. Although it may be used as a
dwelling to sustain a conviction under Article 299, the information
must allege that the same was used and occupied as a dwelling
(People vs. Tubog, 49 Phil. 620), otherwise Art. 302 is applicable.

4. Same manner as 299 except that was entered into was an


uninhabited place or a building other than the 3 mentioned
in 299. Exception: does not include use of fictitious name or
pretending the exercise of public authority
5. Breaking of padlock (but not door) is only theft
6. False keys – genuine keys stolen from the owner or any
other keys other than those intended by the owner for use in
the lock forcibly opened

ROBBERY OF CEREALS, FRUITS OR FIRE WOOD IN AN


UNINHABITED PLACE OR PRIVATE BUILDING

Under Article 303, if the robbery under Article 299 and 302
consists in the taking of cereals, fruits, or firewood, the penalty
imposable is lower.

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The word cereals however must be understood to mean
“seedlings” or “semilla.” It does not include hulled rice. It may
include palay or unhulled palay.
While the law uses the term uninhabited place, it however
refers to uninhabited building and its dependencies. If the cereals,
fruits or firewood were taken outside a building and its
dependencies, the crime committed would only be theft even
though the taking was done in an uninhabited place.

ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR


TOOLS

Elements:
1. That the offender has in his possession picklocks or similar
tools.
2. That such picklocks or similar tools are specially adopted to the
commission of robbery.
3. That the offender does not have lawful cause for such
possession.

Nota Bene: Actual use of the same is not necessary

The law also prohibits the manufacture or fabrication of such


tools. If the manufacturer or maker or locksmith himself is the
offender, a higher penalty is prescribed by law.

Supposing that in the crime of robbery, the offender used a


picklock to enter a building. Can he be charged of illegal
possession of picklocks or similar tools? The answer is NO since
the same possession of these tools is already absorbed in the
graver crime of robbery.

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FALSE KEYS

What constitutes false keys?


1. Picklocks, etc.
2. Genuine key stolen from owner.
3. Any key other than those intended by owner for use in the lock
forcibly opened by the offender

Nota Bene:

1. Possession of false keys here not punishable


2. If key was entrusted and used to steal, not robbery (not
stolen)

BRIGANDAGE

Brigandage – This is a crime committed by more than three


armed persons who form a band of robbers for the purpose of
committing robbery in the highway or kidnapping persons for the
purpose of extortion or to obtain ransom, or for any other purpose
to be attained by means of force and violence.

WHO ARE BRIGANDS?

Brigands – more than three armed persons forming a band

Elements of brigandage:
1. There are least four armed persons;
2. They formed a band of robbers;
3. The purpose is any of the following:

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a. To commit robbery in the highway;
b. To kidnap persons for the purpose of extortion or to
obtain ransom; or
c. To attain by means of force and violence any other
purpose.

Presumption of Brigandage:
a. if members of lawless band and possession of unlicensed
firearms (any of them)
b. possession of any kind of arms (not just firearm)

BRIGANDAGE ROBBERY IN BAND


Purposes are given Only to commit robbery, not
necessarily in hi-way
Mere formation of a band If the purpose is to commit a part
for the above purpose robbery
Necessary to prove that band
actually committed robbery

There is no need for the band robbers to execute the object


of their association in order to hold them criminally liable for the
crime of brigandage.

The primary object on the law on brigandage is to prevent


the formation of bands of robbers. Hence, if the formed band
commits robbery with the use of force upon persons or force upon
things, their criminal liability shall be limited to the commission of
such crimes. Likewise, if the offenders are charged with robbery
but the same is not established by the evidence and what appear
clear are the elements of brigandage where the allegation in the

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information necessarily includes such offense, the offender can be
convicted of the crime of brigandage.

It does not mean however that to constitute violation of P.D.


532, there must be a band. One or two persons can be held
liable under this law if they perpetrated their acts of depredation in
Philippine Highways against persons who are not pre-determined
victims.

If the agreement among more than three armed men is to


commit a particular robbery, brigandage is not committed because
the latter must be an agreement to commit robbery in general or
indiscriminately.

AIDING AND ABETTING A BAND OF BRIGANDS

Elements:
1. That there is a band of brigands.
2. That the offender knows the band to be of brigands.
3. That the offender does any of the following acts:
a. he in any manner aids, abets or protects such band of
brigands, or
b. he gives them information of the movements of the police or
other peace officers of the government or
c. He acquires or receives the property taken by such
brigands.

PD 532 – Brigandage
1. Seizure of any person for: (a) ransom; (b) extortion or other
unlawful purpose; (c) taking away of property by violence or
intimidation or force upon things or other unlawful means

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2. Committed by any person
3. On any Phil hi-way

Distinction between brigandage under the Revised Penal Code


and highway robbery/brigandage under Presidential Decree No.
532:

(1) Brigandage as a crime under the Revised Penal Code refers


to the formation of a band of robbers by more than three armed
persons for the purpose of committing robbery in the highway,
kidnapping for purposes of extortion or ransom, or for any other
purpose to be attained by force and violence. The mere
forming of a band, which requires at least four armed persons,
if for any of the criminal purposes stated in Article 306, gives
rise to brigandage.
(2) Highway robbery/brigandage under Presidential Decree No.
532 is the seizure of any person for ransom, extortion or for
any other lawful purposes, or the taking away of the property of
another by means of violence against or intimidation of persons
or force upon things or other unlawful means committed by any
person on any Philippine highway.
THEFT

Elements:
1. That there be taking of personal property.
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the owner.
5. That the taking be accomplished without the use of violence
against or intimidation of persons or force upon things.

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PERSONS LIABLE:
1. Those who
a) with intent to gain
b) But without violence against or intimidation of persons nor
force upon things
c) take personal property of another
d) without the latter’s consent

The taking from an enclosed corral of a carabao belonging


to another, after force is employed to destroy a part of the corral
to enter the same, is considered merely as theft because corral is
not a building nor a dependency of a building. (U. S. vs. Rosales,
et al., 1 Phil. 300)
2. Those who
a) having found lost property
b) fail to deliver the same to local authorities or its owner

Nota Bene:

1. Retention of money/property found is theft. Retention is


failure to return (intent to gain)

The word “lost” is used in the generic sense. It embraces


loss by stealing or any act of a person other than the owner, as
well as the act of the owner, or through some casual occurrence.
(People vs. Rodrigo, 16 SCRA 475)

The felony is not limited to the actual finder. Theft of a lost


property may be committed even by a person who is not the
actual finder. (People vs. Avila, 44 Phil. 720)

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2. Knowledge of owner is not required, knowledge of loss is
enough

It is not necessary that the owner of the lost property be


known to the accused. What is important is that he knows or has
reason to know that the property was lost and for this fact alone, it
is his duty to turn it over to the authorities. If he does otherwise,
like, if he sells the thing to another, then the crime of theft is
committed.

3. Finder in law is liable

Hidden Treasure

Under Article 438 and 439 of the Civil Code, the finder of
hidden treasure on the property of another and by chance is
entitled to one-half of the treasure that he found. His duty is to tell
the owner about the treasure. If he appropriates the other half
pertaining to the owner of the property, he is liable for theft as to
that share. (People vs. Longdew, C. A. G. R. No. 9380-R, June 4,
1953)

3. Those who
a) after having maliciously damaged the property of another
b) remove or make use of the fruits or object of the damage
caused by them

Theft of damaged property occurs only after the accused


has committed the crime of malicious mischief. In malicious
mischief, the offender destroys the property of another because of
hatred, resentment or other evil motive against the owner. So, a

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neighbor who shoots and kills a goat which has destroyed his
flower plants and thereafter slaughters and eats the meat of the
wandering goat is guilty of theft.

4. Those who
a) enter an enclosed estate or a field where
b) trespass is forbidden or which belongs to another and,
without the consent of its owner
c) hunts or fish upon the same or gather fruits, cereals or other
forest or farm products

Nota Bene:

1. Theft is consummated when offender is able to place the


thing taken under his control and in such a situation as he
could dispose of it at once (though no opportunity to
dispose) i.e, the control test

In the crime of theft, the law makes only of the term “taking”
and not “taking away.” The non-inclusion of the word “away” is
significant because it means that as soon as the culprit takes
possession of the things taken by him, the crime of theft is
already consummated since the law does not require that the thief
be able to carry away the thing taken from the owner. (People vs.
Jaranilla, 55 SCRA 563)

The consummation of the crime of theft takes place upon


the voluntary and malicious taking of the property belonging to
another which is realized by the material occupation of the thing.
The property need not be actually taken away by the thief. It is
enough that he has obtained, at some particular moment,

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complete control and possession of the thing desired, adverse to
the right of the lawful owner. (People vs. Naval, 46 O. G. 2641)

2. P v. Dino – applies only in theft of bulky goods (meaning


there has to be capacity to dispose of the things).
Otherwise, P v. Espiritu – full possession is enough

3. Servant using car without permission deemed qualified theft


though use was temporary

4. Reyes says: there must be some character of permanency


in depriving owner of the use of the object and making
himself the owner, therefore must exclude “joyride”

5. Theft: if after custody (only material possession) of object


was given to the accused, it is actually taken by him (no
intent to return) e.g. felonious conversion. But it is estafa if
juridical possession is transferred e.g., by contract of
bailment

Juridical possession of a thing is transferred to another


when he receives the thing in trust or on commission or for
administration, or under a quasi-contract or a contract of bailment.
When possession by the offender is under any of these
circumstances and he misappropriates the thing received, he
cannot be held guilty of theft but of estafa because here, he has
both the physical and juridical possession of the property.

6. Includes electricity and gas


a. inspector misreads meter to earn
b. one using a jumper

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Personal Property

Personal property in the crime of theft includes electric


current or properties that may have no material or concrete
appearance. The test is not whether the subject is corporeal or
incorporeal but whether it is incapable of appropriation by another
from the owner. Hence, checks, promissory notes, and any other
commercial documents may be the object of theft because while
they may not be of value to the accused, they are without doubt of
value to the offended party. (U. S. vs. Raboy, 25 Phil. 1) In such a
case, the penalty shall be based on the amount of money
represented by the checks or promissory note since, while it may
not of value to the thief, it is undoubtedly of value to the offended
party. (People vs. Koc Song, 63 Phil. 369).

7. Selling share of co-partner is not theft

The personal property must belong to another.

 A joint owner or partner who sells the palay to other


persons or a co-owner or co-heir who appropriates the
whole property cannot be guilty of theft since the property
cannot be said to belong to another. (U. S. Reyes, 6 Phil.
441)

 One who takes away the property pledged by him to


another without the latter’s consent, does not commit

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theft for the simple reason that he is the owner of the
thing taken by him. (L. B. Reyes)

8. Salary must be delivered first to employee; prior to this,


taking of Php is theft

9. If offender claims property as his own (in good faith) – not


theft (though later found to be untrue. If in bad faith – theft)

10. Gain is not just Php – satisfaction, use, pleasure


desired, any benefit (e.g. joyride)

Gain means the acquisition of a thing useful for the purpose


of life. It includes the benefit which in any other sense may be
derived or expected from the act performed.

11. Actual gain is not necessary (intent to gain necessary)

12. Allege lack of consent in info is important

Consent as an element of the crime of theft must be in the


concept of consent that is freely given and not one which is
inferred from mere lack of opposition on the part of the owner.

Where the charge of theft under the first sentence of Article


308, the information must allege lack of consent. The allegation of
“lack of consent” is indispensable under the first paragraph of
Article 308 since the language or epigraph of the law expressly
requires that the (unlawful) taking should be done without the
consent of the owner. In view of the clear text of the law, an
information which does not aver “lack of consent of the owner”

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would render the allegation insufficient and the information may
be quashed for failure to allege an essential element of the crime.
(Pua Yi Kun vs. People, G. R. No. 26256, June 26, 1968)

Robbery and Theft distinguished.

For robbery to exist, it is necessary that personal property


be taken against the will of the owner; whereas in theft, it is
sufficient that consent on the part of the owner is lacking.

Presumption:

A person found in possession of a thing taken in the recent


doing of a wrongful act is the taker of the thing and the doer of the
whole act.

Possession is not limited to actual personal custody. One


who deposits stolen property in a place where it cannot be found
may be deemed to have such property in his possession.

ELEMENTS OF HUNTING, FISHING OR GATHERING


FRUITS, ETC. IN ENCLOSED ESTATE

(PAR. NO.3, ART. 308)

1. That there is an enclosed estate or a field where trespass is


forbidden or which belongs to another;
2. That the offender enters the same.
3. That the offender hunts or fishes upon the same or gathers
fruits, cereals or other forest or farm products, and

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4. That the hunting or fishing or gathering of products is without
the consent of the owner.

Nota Bene: Fish not in fishpond, otherwise, qualified

Fencing under Presidential Decree No. 1612 is a distinct


crime from theft and robbery. If the participant who profited is
being prosecuted with person who robbed, the person is
prosecuted as an accessory. If he is being prosecuted separately,
the person who partook of the proceeds is liable for fencing.

Burden of proof is upon fence to overcome presumption; if


explanation insufficient or unsatisfactory, court will convict. This is
a malum prohibitum so intent is not material. But if prosecution is
under the Revised Penal Code, as an accessory, the criminal
intent is controlling.

When there is notice to person buying, there may be fencing


such as when the price is way below ordinary prices; this may
serve as notice. He may be liable for fencing even if he paid the
price because of the presumption.

Cattle Rustling and Qualified Theft of Large Cattle – The


crime of cattle-rustling is defined and punished under Presidential
Decree No. 533, the Anti-Cattle Rustling law of 1974, as the
taking by any means, method or scheme, of any large cattle, with
or without intent to gain and whether committed with or without
violence against or intimidation of person or force upon things, so
long as the taking is without the consent of the owner/breed
thereof. The crime includes the killing or taking the meat or hide
of large cattle without the consent of the owner.

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Since the intent to gain is not essential, the killing or
destruction of large cattle, even without taking any part thereof, is
not a crime of malicious mischief but cattle-rustling.

The Presidential Decree, however, does not supersede the


crime of qualified theft of large cattle under Article 310 of the
Revised Penal Code, but merely modified the penalties provided
for theft of large cattle and, to that extent, amended Articles 309
and 310. Note that the overt act that gives rise to the crime of
cattle-rustling is the taking or killing of large cattle. Where the
large cattle was not taken, but received by the offender from the
owner/overseer thereof, the crime is not cattle-rustling; it is
qualified theft of large cattle.

Where the large cattle was received by the offender who


thereafter misappropriated it, the crime is qualified theft under
Article 310 if only physical or material possession thereof was
yielded to him. If both material and juridical possession thereof
was yielded to him who misappropriated the large cattle, the
crime would be estafa under Article 315 (1b).

PENALTIES FOR QUALIFIED THEFT

The basis of the penalty is the value of the things stolen.

If the property has some value but is not proven with reasonable
certainty, the minimum penalty shall be imposed under par. 6 of
Art. 309 (People vs. Reyes, 58 Phil. 964).

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When there is no evidence as to the value of the property stolen,
the court is allowed to take judicial knowledge of the value of
such property. (People vs. dela Cruz, 43 O. G. 3206)

When the resulting penalty for the accessory to the crime of theft
has no medium period, the court can impose the penalty which
is found favorable to the accused. (Cristobal vs. People, 84
Phil. 473).

QUALIFIED THEFT

THEFT IS QUALIFIED WHEN:


1. Committed by domestic servant, or
2. With grave abuse of confidence, or
3. Property stolen is:
a. motor vehicle
b. mail matter
c. large cattle
d. coconut from plantation
e. fish from fishpond or fishery, or
4. On occasion of calamities and civil disturbance.

Nota Bene:

When the theft is committed by a domestic servant, the


offended party may either be the employer where the offender is
working as a household help, or a third person as a guest in the
house. The roomboy is a hotel is embraced within the term
“domestic servant.”

1. “grave abuse” – high degree of confidence e.g. guests

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In the case of abuse of confidence, the latter must be
“grave” in order to comply with the requirement of the law
because abuse of confidence is not enough. There must be an
allegation in the information that there is a relation between the
accused and the offended party wherein the latter confided his
security as to his person, life and property to the accused with
such degree of confidence and that the accused abused the
same.

Abuse of confidence is determined from the trust reposed by


the offended party to the offender. It may also refer to the nature
of the work of the offender which must necessarily involve trust
and confidence.

Abuse of confidence is also an element of estafa. To avoid


confusion between theft with abuse of confidence (qualified theft)
and estafa with abuse of confidence, where the offender
misappropriates a thing after he receives it from the victim, the
student must remember that in qualified theft, only the physical or
material possession of the thing is transferred. If the offender
acquires the juridical as well as the physical possession of the
thing and he misappropriates it, the crime committed is estafa.
Juridical possession of the thing is acquired when one holds the
thing in trust, or on commission, or for administration or under any
other obligation involving the duty to deliver or to return the thing
received. If the possession of the offender is not under any of
these concepts, the crime is qualified theft.

2. no confidence, not qualified theft


3. theft – material possession’ estafa – juridical possession

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Where only the material possession is transferred,
conversion of the property gives rise to the crime of theft. Where
both the material and juridical possession is transferred,
misappropriation of the property would constitute estafa. When
the material and juridical possession of the thing transfers
ownership of the property to the possessor, any misappropriation
made by the possessor will not result in the commission of any
crime, either for theft of estafa.

4. Qualified: if done by one who has access to place where


stolen property is kept e.g., guards, tellers
5. novation theory applies only if there’s a relation
6. industrial partner is not liable for QT (estafa)
7. when accused considered the deed of sale as sham
(modus) and he had intent to gain, his absconding is QT
8. motor vehicle in kabit system sold to another-theft. Motor
vehicle not used as PU in kabit system but under K of lease-
estafa

On Carnapping and Theft of Motor Vehicle

When the subject is motor vehicle, the Theft becomes


qualified. Under R.A. 6539, Anti-Carnapping Act of 1972, the term
motor vehicle includes, within its protection, any vehicle which
uses the streets, with or without the required license, or any
vehicle which is motorized using the streets, such as a motorized
tricycle. (Izon vs. People, 107 SCRA 123)

The taking with intent to gain of a motor vehicle belonging to


another, without the latter’s consent, or by means of violence or

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intimidation of persons, or by using force upon things is penalized
as carnapping under Republic Act No. 6539 (An Act Preventing
and Penalizing Carnapping), as amended. The overt act which is
being punished under this law as carnapping is also the taking of
a motor vehicle under circumstances of theft or robbery. If the
motor vehicle was not taken by the offender but was delivered by
the owner or the possessor to the offender, who thereafter
misappropriated the same, the crime is either qualified theft under
Article 310 of the Revised Penal Code or estafa under Article 315
(b) of the Revised Penal Code. Qualified theft of a motor vehicle
is the crime if only the material or physical possession was
yielded to the offender; otherwise, if juridical possession was also
yielded, the crime is estafa.

9. mail matter – private mail to be QT, Not postmaster – Art.


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10. theft of large cattle

OCCUPATION OF REAL PROPERTY OR USURPATION OF


REAL RIGHTS IN PROPERTY

Acts punished:
1. Taking possession of any real property belonging to another by
means of violence against or intimidation of persons;
2. Usurping any real rights in property belonging to another by
means of violence against or intimidation of persons.

ELEMENTS:

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1. That the offender takes possession of any real property or
usurps any real rights in property.
2. That the real property or real rights belong to another.
3. That violence against or intimidation of persons is used by the
offender in occupying real property or usurpation real rights in
property.
4. That there is intent to gain.

Since this is a crime against property, there must be intent to


gain. In the absence of the intent to gain, the act may constitute
Coercion.

Use the degree of intimidation to determine the degree of


the penalty to be applied for the usurpation.

Usurpation under Article 312 is committed in the same way as


robbery with violence or intimidation of persons. The main
difference is that in robbery, personal property is involved;
while in usurpation of real rights, it is real property. (People v.
Judge Alfeche, July 23, 1992)

The possession of the land or real rights must be done by


means of violence or intimidation. So, if the evidence of the
prosecution shows that the accused entered the premises by
means of strategy, stealth or methods other than the employment
of violence, no crime was committed by the offender. (People vs.
Alfeche, Jr., 211 SCRA 770)

Usurpation of real rights and property should not be


complexed using Article 48 when violence or intimidation is
committed. There is only a single crime, but a two-tiered penalty

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is prescribed to be determined on whether the acts of violence
used is akin to that in robbery in Article 294, grave threats or
grave coercion and an incremental penalty of fine based on the
value of the gain obtained by the offender.

There is no crime of threat and usurpation of real property


since threat is an indispensable element of usurpation of real
rights. Hence, where threats are uttered to the owner of real
property by one illegally occupying it, the crime committed is not
the complex crime of usurpation of real property with grave
threats because making a threat is an inherent element of
usurpation of real property. (Castrodes vs. Cubelo, 83 SCRA 670)

The complainant must be the person upon whom violence


was employed. If a tenant was occupying the property and he
was threatened by the offender, but it was the owner who was not
in possession of the property who was named as the offended
party, the same may be quashed as it does not charge an
offense. The owner would, at most, be entitled to civil recourse
only.

On Squatting

According to the Urban Development and Housing Act, the


following are squatters:

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1. Those who have the capacity or means to pay rent or for
legitimate housing but are squatting anyway;
2. Also the persons who were awarded lots but sold or lease
them out;
3. Intruders of lands reserved for socialized housing, pre-
empting possession by occupying the same.

Note that violation of Article 312 is punishable only with fine.


So, if physical injuries are inflicted on the victim due to the
violence employed by the offender in the usurpation of real rights,
the latter shall be punished separately for the crime of physical
injuries.

Violence employed results to the death of the offended


party. When such eventuality does occur, then the crime may
rightfully be denominated as usurpation of real rights resulting to
homicide, murder, parricide, or infanticide as the case may be.

ALTERING BOUNDARIES OR LANDMARKS

Elements:
1. That there be boundary marks or monuments of towns,
provinces, or estates, or any other marks intended to designate
the boundaries of the same.
2. That the offender alters said boundary marks.

FRAUDULENT INSOLVENCY (culpable insolvency)

Elements:
1. That the offender is a debtor; that is, he was obligations due
and payable.

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2. That he absconds with his property.
3. That there be prejudice to his creditors.

To be liable for fraudulent insolvency, the disposal of the


merchandise must be done with malice. The mere circumstance
that a person has disposed of his merchandise by removing them
from the place where they were kept would necessarily imply
fraud. What is required is actual prejudice to the creditor. The
intention of the accused alone is not enough. (People vs.
Guzman, C. A. 40 O. G. 2655)

The law does not require the offender to be a merchant. The


law says “any person,” and this refers to anyone who becomes a
debtor and performs the acts made punishable by the law.

SWINDLING AND OTHER DECEITS

Estafa is embezzlement under common law. It is a well-


known crime to lawyers and businessmen. It is a continuing crime
unlike theft. Being a public crime, it can be prosecuted de officio.

ESTAFA

ELEMENTS OF ESTAFA IN GENERAL

1. That the accused defrauded another (a.) by abuse of


confidence, or (b) or means of deceit and
2. That damage or prejudice capable of pecuniary estimation is
caused to the offended party or third person

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The concept of damage under this article does not mean
actual or real damage. It may consist in mere disturbance of the
property rights of the offended party. However, the damage must
be capable of pecuniary estimation. This requirement is important
because in estafa, the penalty is dependent on the value of the
property.

Since estafa is a material crime, it can be divided into


consummated, attempted or frustrated stages. In the latter case,
the damage can be in the form of temporary prejudice or
suffering, or inconvenience capable of pecuniary estimation.

ELEMENTS OF ESTAFA WITH UNFAITHFULNESS

1. That the offender has an onerous obligation to deliver


something of value.
2. That he alters its substance, quantity, or quality.
3. That damage or prejudice is caused to another.

The accused does not receive the goods but delivers a thing
under an onerous obligation which is not in accordance with the
substance, quantity or quality agreed upon. It is the altering of the
substance, quality or quantity of the thing delivered which makes
the offender liable for the crime of estafa.

The word “onerous” means that the offended party has fully
complied with his obligations to pay. So, if the thing delivered
whose substance was altered, is not yet fully or partially paid,
then the crime of estafa is not committed.

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ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE
UNDER SUBDIVISION NO.1 PAR. (B)

1. That money, goods, or other personal property be received by


the offender in trust, or on commission, or for administration, or
under any other obligation involving the duty to make delivery
of or to return, the same.
2. That there be misappropriation or conversion of such money or
property by the offender, or dental on his part of such receipt.
3. that such misappropriation or conversion or dental is to the
prejudice of another and
4. That there is a demand made by the offended party to the
offender.

(The fourth element is not necessary when there is evidence of


misappropriation of the goods by the defendant. [Tubb v. People,
et al., 101 Phil. 114] ).

It is necessary in this kind of estafa, for the money, goods or


personal property to have been received by the offender in trust,
or on commission or for administration. He must acquire both
material or physical as well as juridical possession of the thing
received. In these instances, the offender, who is the transferee,
acquires a right over a thing which he may set up even against
the owner.

A money market transaction however partakes of the nature


of a loan, and non-payment thereof would not give rise to criminal
liability for Estafa through misappropriation or conversion. In
money market placements, the unpaid investor should institute
against the middleman or dealer, before the ordinary courts, a

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simple action for recovery of the amount he had invested, and if
there is allegation of fraud, the proper forum would be the
Securities and Exchange Commission. (Sesbreno vs. Court of
Appeals, et al., 240 SCRA 606).

2 ND ELEMENT OF ESTAFA WITH ABUSE OF


CONFIDENCE UNDER PARAGRAPH (B), SUBDIVISION
N0.1, ART. 315 = 3 WAYS OF COMMITTING

1. By misappropriating the thing received.


2. By converting the thing received.
3. By denying that the thing was received.

Nota Bene:

1. Unfaithfulness or Abuse of Confidence


a. by altering the substance
b. existing obligation to deliver – even if it is not a subject of
lawful commerce
c. thing delivered has not been fully or partially paid for – not
estafa
d. no agreement as to quality – No estafa if delivery is
unsatisfactory

2. By misappropriating and converting

a. thing is received by offender under transactions transferring


juridical possession, not ownership

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b. under PD 115 (Trust Receipts Law) – failure to turn over to
the bank the proceeds of the sale of the goods covered by
TR – Estafa
c. same thing received must be returned otherwise estafa; sale
on credit by agency when it was to be sold for cash – estafa
d. Estafa – not affected by Novation of Contract because it is a
public offense
e. Novation must take place before criminal liability was
incurred or perhaps prior to the filing of the criminal
information in court by state prosecutors
f. Misappropriating – to take something for one’s own benefit
g. Converting – act of using or disposing of another’s property
as if it was one’s own; thing has been devoted for a purpose
or use different from that agreed upon
h. There must be prejudice to another – not necessary that
offender should obtain gain

There is no estafa through negligence. There is likewise no


estafa where the accused did not personally profit or gain
from the misappropriation.

i. Partners – No estafa of money or property received for the


partnership when the business is commercial and profits
accrued. BUT if property is received for specific purpose
and is misappropriated – estafa!
j. Failure to account after the DEMAND is circumstantial
evidence of misappropriation
k. DEMAND is not a condition precedent to existence of estafa
when misappropriation may be established by other proof

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l. In theft, upon delivery of the thing to the offender, the owner
expects an immediate return of the thing to him – otherwise,
Estafa
m.Servant, domestic or employee who misappropriates a thing
he received from his master is NOT guilty of estafa but of
qualified theft

3. When in the prosecution for malversation the public officer is


acquitted, the private individual allegedly in conspiracy with him
may be held liable for estafa

ESTAFA WITH ABUSE OF MALVERSATION


CONFIDENCE
Offenders are entrusted with offenders are entrusted with
funds or property and are funds or property and are
continuing offenses continuing offenses
Funds: always private Funds: public funds or
property
Offender: private individual, or Offender: public officer
public officer not accountable accountable for public funds
Committed by misappropriating, Committed by appropriating,
converting, denying having taking,
received money misappropriating

ELEMENTS OF ESTAFA BY TAKING UNDUE ADVANTAGE


OF
THE SIGNATURE IN BLANK

1. That the paper with the signature of the offended party be in


blank.

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2. That the offended party should have delivered it to offender.
3. That above the signature of the offended party a document is
written by the offender without authority to do so.
4. That the document so written creates a liability of, or causes
damage to, the offended party or any third person.

Note: If the paper with signature in blank was stolen –


Falsification if by making it appear that he participated in a
transaction when in fact he did not so participate

ELEMENTS OF ESTAFA BY MEANS OF DECEIT

1. that there must be a false pretense, fraudulent means must be


made or executed prior to or
2. That such false pretense, fraudulent act or fraudulent means
must be made or executed prior to or simultaneously with the
commission of the fraud.
3. That the offended party must have relied on the false pretense,
fraudulent act, or fraudulent means, that is, he was induced to
part with his money or property because of the false pretense,
fraudulent act, or fraudulent means.
4. That as a result thereof, the offended party suffered damage.

Nota Bene:

1. False pretenses or fraudulent acts – executed prior to or


simultaneously with delivery of the thing by the complainant

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2. There must be evidence that the pretense of the accused that
he possesses power/influence is false

The representation that accused possessed influence, to deceive


and inveigle the complainant into parting with his money must
however be false to constitute deceit under No. 2 of Article 315,
RPC. (Dela Cruz vs. Court of Appeals, et al., 265 SCRA 299).

ELEMENTS OF ESTAFA BY MEANS OF FALSE


PRETENSES

Acts punished under paragraph (a)

1. Using fictitious name;


2. Falsely pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions; or
3. By means of other similar deceits.

ELEMENTS OF ESTAFA BY POSTDATING A CHECK OR


ISSUING A CHECK IN PAYMENT OF AN OBLIGATION

1. That the offender postdated a check, or issued a check in


payment of an obligation.
2. That such postdatig or issuing a check was done when the
offender had no funds in the bank or his funds deposited
therein were not sufficient to cover the amount of the check.

Note that this only applies if:

(1) The obligation is not pre-existing;

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(2) The check is drawn to enter into an obligation;
(Remember that it is the check that is supposed to be the sole
consideration for the other party to have entered into the
obligation. For example, Rose wants to purchase a bracelet and
draws a check without insufficient funds. The jeweler sells her the
bracelet solely because of the consideration in the check.)
(3) It does not cover checks where the purpose of drawing
the check is to guarantee a loan as this is not an obligation
contemplated in this paragraph

The check must be genuine. If the check is falsified and is


cashed with the bank or exchanged for cash, the crime is estafa
thru falsification of a commercial document.

The general rule is that the accused must be able to obtain


something from the offended party by means of the check he
issued and delivered. Exception: when the check is issued not in
payment of an obligation.

If the checks were issued by the defendant and he received


money for them, then stopped payment and did not return the
money, and he had an intention to stop payment when he issued
the check, there is estafa.

Deceit is presumed if the drawer fails to deposit the amount


necessary to cover the check within three days from receipt of
notice of dishonor or insufficiency of funds in the bank.

1.If check was issued in payment of pre-existing debt – no


estafa

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It is therefore essential that the check be issued in payment
of a simultaneous obligation. The check in question must be
utilized by the offender in order to defraud the offended party. So,
if the check was issued in payment of a promissory note which
had matured and the check was dishonored, there is not estafa
since the accused did not obtain anything by means of said
check. (People vs. Canlas, O. G. 1092)

If a bouncing check is issued to pay a pre-existing obligation,


the drawer is liable under B. P. Blg. 22 which does not make any
distinction as to whether a bad check is issued in payment of an
obligation or to guarantee an obligation. (Que vs. People, 73217-
18, Sept. 21, 1987)

2.Offender must be able to obtain something from the offended


party by means of the check he issues and delivers

The check must be issued in payment of an obligation. If the


check was issued without any obligation or if there is lack of
consideration and the check is subsequently dishonored, the
crime of estafa is not committed.

3.If postdating a check issued as mere guarantee/promissory


note – no estafa

ELEMENTS OF OFFENSE DEFINED IN THE FIRST


PARAGRAPH OF SECTION 1: BP 22

1. That a person makes or draws and issues any check.


2. That the check is made or drawn and issued to apply on
account or for value.

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3. That the person who makes or draws and issues the check
knows at the time of issue that he does not have sufficient
funds in or credit with the drawee bank for the payment of such
check in full upon its presentment.
4. That the check is subsequently dishonored by the drawee bank
for insufficiency of funds or credit, or would have been
dishonored for the same reason had not the drawee, without
any valid reason, ordered the bank to stop payment.

Note: Failure to make good within 5 banking days prima facie


evidence of knowledge of lack and insufficiency

ELEMENTS OF THE OFFENSE DEFINED IN THE


SECOND PARAGRAPH OF SECTION 1: BP 22

1. That a person has sufficient funds in or credit with the drawee


bank when he makes or draws and issues a check.
2. That he fails to keep sufficient funds or to maintain a credit to
cover the full amount of the check if presented within a period
of 90 days from the date appearing thereon.
3. That the check is dishonored by the drawee bank.

Nota Bene: Failure to make good within 5 banking days


prima facie evididence of knowledge of lack and insufficiency

Distinction between Estafa under Article 315 (2) (d) of the


Revised Penal Code and violation of Batas Pambansa Blg.
22:

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(1) Under both Article 315 (2) (d) and Batas Pambansa Blg. 22,
there is criminal liability if the check is drawn for non-pre-
existing obligation.

If the check is drawn for a pre-existing obligation, there is criminal


liability only under Batas Pambansa Blg. 22.

(2) Estafa under Article 315 (2) (d) is a crime against property
while Batas Pambansa Blg. 22 is a crime against public
interest. The gravamen for the former is the deceit employed,
while in the latter, it is the issuance of the check. Hence, there
is no double jeopardy.

(3) In the estafa under Article 315 (2) (d), deceit and damage
are material, while in Batas Pambansa Blg. 22, they are
immaterial.

(4) In estafa under Article 315 (2) (d), knowledge by the drawer
of insufficient funds is not required, while in Batas Pambansa
Blg. 22, knowledge by the drawer of insufficient funds is
reqired.

On issuance of a bouncing check

The issuance of check with insufficient funds may be held


liable for estafa and Batas Pambansa Blg. 22. Batas Pambansa
Blg. 22 expressly provides that prosecution under said law is
without prejudice to any liability for violation of any provision in the
Revised Penal Code. Double Jeopardy may not be invoked
because a violation of Batas Pambansa Blg. 22 is a malum
prohibitum and is being punished as a crime against the public

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interest for undermining the banking system of the country, while
under the Revised Penal Code, the crime is malum in se which
requires criminal intent and damage to the payee and is a crime
against property.

In estafa, the check must have been issued as a reciprocal


consideration for parting of goods (kaliwaan). There must be
concomitance. The deceit must be prior to or simultaneous with
damage done, that is, seller relied on check to part with goods. If
it is issued after parting with goods as in credit accommodation
only, there is no estafa. If the check is issued for a pre-existing
obligation, there is no estafa as damage had already been done.
The drawer is liable under Batas Pambansa Blg. 22.

For criminal liability to attach under Batas Pambansa Blg.


22, it is enough that the check was issued to "apply on account or
for value" and upon its presentment it was dishonored by the
drawee bank for insufficiency of funds, provided that the drawer
had been notified of the dishonor and inspite of such notice fails
to pay the holder of the check the full amount due thereon within
five days from notice.

Under Batas Pambansa Blg. 22, a drawer must be given


notice of dishonor and given five banking days from notice within
which to deposit or pay the amount stated in the check to negate
the presumtion that drawer knew of the insufficiency. After this
period, it is conclusive that drawer knew of the insufficiency, thus
there is no more defense to the prosecution under Batas
Pambansa Blg. 22.

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The mere issuance of any kind of check regardless of the
intent of the parties, whether the check is intended to serve
merely as a guarantee or as a deposit, makes the drawer liable
under Batas Pambansa Blg. 22 if the check bounces. As a matter
of public policy, the issuance of a worthless check is a public
nuisance and must be abated.

ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO


SIGN ANY DOCUMENTS

1. That the offender induced the offended party to sign a


document.
2. That deceit be employed to make him sign the document.
3. That the offended party personally signed the document.
4. That prejudice be caused.

Note: If offended party willingly signed the document and there


was deceit as to the character or contents of the document –
falsification; but where the accused made representation to
mislead the complainants as to the character of the documents -
estafa

ELEMENTS OF ESTAFA BY REMOVING, CONCEALING


OR DESTROYING DOCUMENTS

1. That there be court records, office files, documents or any


other papers.
2. That the offender removed, concealed or destroyed any of
them.
3. That the offender had intent to defraud another.

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In order to commit a crime, the offender must have the
intention to defraud. In other words, the removal, concealment or
destruction of the court record should be done with the intent to
defraud the victim. This is distinguished from the crime of
removal; concealment or destruction of documents under Article
226 wherein fraud is not an element of the crime, and which is
committed only by public officers. What is punished under this
Article is the damage to public interest.

If the act of removing, concealing or destroying results from


hatred, revenge, or other evil motive, the crime committed is
malicious mischief under Article 327.

Syndicated Estafa

A syndicate of five or more persons formed with intent to


carry out an unlawful or illegal act, transaction or scheme and
defraudation which results in misappropriation of money
contributed by stockholders or members of rural banks,
cooperatives, samahang nayon or former’s association; or funds
contributed by corporations or associations for the general
welfare.

DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY


ESTIMATION : (315) (second element of any form of estafa)

THE ELEMENTS OF DAMAGE OR PREJUDICE MAY CONSIST


OF THE FF:

1. The offender party being deprived of his money or property, as


a result of the defraudation.

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2. Disturbance in property right or
3. Temporary prejudice.

ELEMENTS OF SWINDLING (PAR.1) BY CONVEYING,


SELLING, ENCUMBERING, OR MORTGAGING ANY REAL
PROPERTY, PRETENDING TO BE THE OWNER OF THE
SAME

1. That the thing be immovable, such as a parcel of land or a


building.
2. That the offender who is not the owner of said property
represented that he is the owner thereof.
3. That the offender should have executed an act of ownership
(selling, leasing, encumbering or mortgaging the real property).
4. That the act be made to the prejudice of the owner or a third
person.

ESTAFA INFIDELITY IN THE CUSTODY


OF DOCUMENTS
Private individual was Public officer entrusted
entrusted
Intent to defraud No intent to defraud

ELEMENTS OF SWINDLING (PAR. 2) BY DISPOSING OF


REAL PROPERTY AS FREE FROM ENCUMBRANCE,
ALTHOUGH SUCH ENCUMBRANCE BE NOT RECORDED

1. that the thing disposed of be real property.


2. That the offender knew that the real property was encumbered,
whether the encumbrance is recorded or not.

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3. That there must be express representation by the offender that
the real property is free from encumbrance.
4. That the act of disposing of the real property be made to the
damage of another.

ELEMENTS OF SWINDLING (PAR.3) BY WRONGFULLY


TAKING BY THE OWNER HIS PERSONAL FROM ITS
LAWFUL POSSESSOR

1. That the offender is the owner of personal property.


2. That said personal property is in the lawful possession of
another.
3. That the offender wrongfully takes it from its lawful possessor.
4. That prejudice is thereby caused to the possessor or third
person.

ELEMENTS OF SWINDLING (PAR. 6) BY SELLING,


MORTGAGING OR ENCUMBERING REAL PROPERTY OR
PROPERTIES WITH WHICH THE OFFENDER
GUARANTEED THE FULFILLMENT OF HIS OBLIGATION
AS SURETY

1. That the offender is a surety in a bond given in a criminal or


civil action.
2. That he guaranteed the fulfillment of such obligation with his
real property or properties.
3. That he sells, mortgages, or, in any other manner encumbers
said real property.
4. That such sale, mortage or encumbrance is (a) without express
authority from the court, or (b) made before the cancellation of

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his bond, or (c) before being relieved from the obligation
contracted by him.

ELEMENTS OF SWINDLING A MINOR

1. That the offender takes advantage of the inexperience or


emotions or feelings of a minor.
2. That he induces such minor (a) to assume an obligation, or (b)
to give release, or (c) to execute a transfer of any property
right.
3. That the consideration is (a) some loan of money (b) credit or
(c) other personal property.
4. That the transaction is to the detriment of such minor.

The property referred to in this article is not real property. It


is limited to personal property since a minor cannot convey real
property without judicial intervention. So, if what is involved is real
property, the crime of swindling a minor under this article is not
committed even if the offender succeeds in inducing the minor to
deal with such real property since no damage or detriment is
caused against the minor.

ELEMENTS OF OTHER DECEITS

1. not mentioned above;


2. interpretation of dreams, forecast, future-telling for profit or
gain.

The meaning of other deceits under this article has reference to a


situation wherein fraud or damage is done to another by any other
form of deception which is not covered by the preceding articles.

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Another form of deceit would be in the nature of interpreting
dreams, or making forecasts, telling fortunes or simply by taking
advantage of the credulity of the public by any other similar
manner, done for profit or gain.

CHATTEL MORTGAGE

A. SELLING OR PLEDGING PERSONAL PROPERTY


ALREADY PLEDGED

ELEMENTS:
1. That personal property is already pledged under the terms of
the chattel mortgage law.
2. That the offender, who is the mortgagee of such property, sells
or pledges the same or any part thereof.
3. That there is no consent of the mortgagee written on the back
of the mortgage and noted on the record thereof in the office of
the register of deeds.

KNOWINGLY REMOVING MORTGAGED PERSONAL


PROPERTY

ELEMENTS:
1. that personal property is mortgaged under the chattel mortage
law.
2. That the offender knows that such property is so mortaged.
3. That he removes such mortgaged personal to any province or
city other than the one in which it was located at the time of the
execution of the mortgage.
4. that the removal is permanent.

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5. That there is no written consent of the mortgagee or his
executors, administration or assigns to such removal.

ARSON AND OTHER CRIMES INVOLVING


DESTRUCTIONS

Note: PD 1613 expressly repealed or amended Arts 320-326,


but PD 1744 revived Art 320

A. ELEMENTS OF ARSONS OF PROPERTY OF SMALL


VALUES

1. That an uninhabited hut, storehouse, barn, shed or any


other property is burned
2. That the value of the property burned does not exceed 25
pesos
3. That the burning was done at a time or under circumstances
which clearly exclude all danger of the fire spreading

B. ELEMENTS OF CRIME INVOLVING DESTRUCTION

1. That the offender causes destruction of the property


2. That the destruction was done by means of:
a. explosion
b. discharge of electric current
c. inundation
d. sinking or stranding of a vessel
e. damaging the engine of the vessel
f. taking up rails from the railway track
g. destroying telegraph wires and posts or those of any
other system

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h. other similar effective means of destruction

C. ELEMENTS OF BURNING ONE’S PROPERTY AS A MEANS


TO COMMIT ARSON

1. That the offender set fire to or destroyed his own property


2. That the purpose of the offender in doing so was to commit
arson or to cause a great destruction
3. That the property belonging to another was burned or
destroyed

D. ELEMENTS OF ARSON

1. That the property burned is the exclusive property of the


offender
2. That (a) the purpose of the offender is burning it is to
defraud or cause damage to another or (b) prejudice is
actually caused, or (c) the thing burned is a building in an
inhabited place

Legal effect if death results from arson

The crime committed is still arson. Death is absorbed in the


crime of arson but the penalty to be imposed ranges from
reclusion perpetua to death. (Sec. 5, P.D. No. 1613)

How arson is established?

Arson is established by proving the corpus delicti, usually in


the form of circumstantial evidence such as the criminal agency,
meaning the substance used, like gasoline, kerosene or other

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form of combustible materials which caused the fire. It can also be
in the form of electrical wires, mechanical, chemical or electronic
contrivance designed to start a fire; ashes or traces of such
objects which are found in the ruins of the burned premises.

Nota Bene:

If the crime of arson was employed by the offender as a


means to kill the offended party, the crime committed is murder.
The burning of the property as the means to kill the victim is what
is contemplated by the word “fire” under Article 248 which
qualifies the crime to murder. (People vs. Villarosa, 54 O. G.
3482)

When the burning of the property was done by the offender


only to cause damage but the arson resulted to death of a person,
the crime committed is still arson because the death of the victim
is a mere consequence and not the intention of the offender.
(People vs. Paterno, 47 O. G. 4600)

There is no special complex crime of arson with homicide.


What matters in resolving cases involving intentional arson is the
criminal intent of the offender.

There is such a crime as reckless imprudence resulting in


the commission of arson. When the arson results from reckless
imprudence and it leads to death, serious physical injuries and
damage to the property of another, the penalty to be imposed
shall not be for the crime of arson under P. D. No. 1613 but rather,
the penalty shall be based on Article 365 of the Revised Penal
Code as a felony committed by means of culpa.

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MALICIOUS MISCHIEF

ELEMENTS

1. That the offender deliberately caused damage to the property


of another.
2. That such act does not constitute arson or other crimes
involving destruction.
3. That the act damaging another’s property be committed merely
for the sake of damaging it.

Nota Bene:
1. Malicious mischief – willful damaging of another’s property
for the sake of causing damage due to hate, revenge or
other evil motive
2. No negligence
3. Example. Killing the cow as revenge
4. If no malice – only civil liability

Meaning of “damage” in malicious mischief.

It means not only loss but a diminution of the value of one’s


property. It includes defacing, deforming or rendering it useless
for the purpose for which it was made.

5. But after damaging the thing, he used it = theft

There is destruction of the property of another but there is no


misappropriation. Otherwise, it would be theft if he gathers the
effects of destruction.

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6. Damage is not incident of a crime (breaking windows in
robbery)

SPECIAL CASES OF MALICIOUS MISCHIEF

1. Obstruct performance of public functions.


2. Using poisonous or corrosive substances.
3. Spreading infection or contagious among cattle.
4. Damage to property of national museum or library, archive,
registry, waterworks, road, promenade, or any other thing used
in common by the public.

The cases of malicious mischief enumerated in this article


are so-called qualified malicious mischief. The crime becomes
qualified either because of the nature of the damage caused to
obstruct a public; or because of the kind of substance used to
cause the damage. The crime is still malicious mischief because
the offender has no intent to gain but derives satisfaction from the
act because of hate, revenge or other evil motive.

Note: Qualified malicious mischief – no uprising or sedition (#1)

OTHER MISCHIEF

ELEMENTS:

1. Not included in Art. 328


a. scattering human excrement
b. killing of cow as an act of revenge

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The offender is punished according to the value of the damage
caused to the offended party. If the damages cannot be
estimated, the minimum penalty is arresto menor or a fine of not
more than 200 pesos shall be imposed on the offender.

DAMAGE AND OBSTRUCTION TO MEANS OF


COMMUNICATION

done by damaging railways, telegraph, telephone lines, electric


wires, traction cables, signal system of railways

Notes:
1. removing rails from tracks is destruction (art 324)
2. not applicable when telegraph/phone lines don’t pertain to
railways (example: for transmission of electric power/light)
3. people killed as a result:
a. murder – if derailment is means of intent to kill
b. none – art 48

If the damage was intended to cause derailment only without any


intention to kill, it will be a crime involving destruction under Article
324. If the derailment is intentionally done to cause the death of a
person, the crime committed will be murder under Article 248.

4. circumstance qualifying the offense if the damage shall result


in any derailment of cars, collision or other accident – a higher
penalty shall be imposed

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DESTROYING OR DAMAGING STATUES, PUBLIC
MONUMENTS OR PAINTINGS

EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST


PROPERTY

Persons exempt from criminal liability


1. Spouse, ascendants and descendants or relatives by affinity
in the same line
2. The widowed spouse with respect to the property w/c
belonged to the deceased spouse before the same passed
into the possession of another
3. Brothers and sisters and brothers-in-law and sisters-in-law, if
living together

Offenses involved in the exemption


1. Theft ( not robbery )
2. Swindling
3. Malicious mischief

Notes:
1. Exemption is based on family relations

For the exemption to apply insofar as brothers and sisters, and


brothers-in-law and sisters-in-law are concerned, they must be
living together at the time of the commission of the crime of
theft, estafa or malicious mischief.

2. Parties to the crime not related to the offended party still


remains criminally liable

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3. Persons exempt include:
a. stepfather/mother (ascendants by affinity)
b. adopted children (descendants)
c. concubine/paramour (spouse)
d. common law spouse (property is part of their earnings)

Only the relatives enumerated incur no liability if the crime


relates to theft (not robbery), swindling, and malicious mischief.
Third parties who participate are not exempt. The relationship
between the spouses is not limited to legally married couples; the
provision applies to live-in partners.

ON CRIMES AGAINST CHASTITY

The crimes of adultery, concubinage, seduction, abduction


and acts of lasciviousness are the so-called private crimes. They
cannot be prosecuted except upon the complaint initiated by the
offended party. The law regards the privacy of the offended party
here as more important than the disturbance to the order of
society. For the law gives the offended party the preference
whether to sue or not to sue. But the moment the offended party
has initiated the criminal complaint, the public prosecutor will take
over and continue with prosecution of the offender. That is why
under Article 344, if the offended party pardons the offender, that
pardon will only be valid if it comes before the prosecution starts.
The moment the prosecution starts, the crime has already
become public and it is beyond the offended party to pardon the
offender.

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ADULTERY

ELEMENTS
1. That the woman is married (even if marriage subsequently
declared void)
2. That she has sexual intercourse with a man not her husband.
3. That as regards the man with whom she has sexual
intercourses, he must know her to be married.

Nota Bene:

There are two reasons why adultery is made punishable by


law. Primarily, it is a violation of the marital vow and secondarily, it
paves the way to the introduction of a spurious child into the
family.

Adultery is a crime not only of the married woman but also


of the man who had intercourse with a married woman knowing
her to be married. Even if the man proves later on that he does
not know the woman to be married, at the beginning, he must still
be included in the complaint or information. This is so because
whether he knows the woman to be married or not is a matter of
defense and it is up to him to ventilate that in formal investigations
or a formal trial.

If after preliminary investigation, the public prosecutor is


convinced that the man did not know that the woman is married,
then he could simply file the case against the woman.

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The acquittal of the woman does not necessarily result in
the acquittal of her co-accused.

In order to constitute adultery, there must be a joint physical


act. Joint criminal intent is not necessary. Although the criminal
intent may exist in the mind of one of the parties to the physical
act, there may be no such intent in the mind of the other party.
One may be guilty of the criminal intent, the other innocent, and
yet the joint physical act necessary to constitute the adultery may
be complete. So, if the man had no knowledge that the woman
was married, he would be innocent insofar as the crime of
adultery is concerned but the woman would still be guilty; the
former would have to be acquitted and the latter found guilty,
although they were tried together.

A husband committing concubinage may be required to


support his wife committing adultery under the rule in pari delicto.

For adultery to exist, there must be a marriage although it be


subsequently annulled. There is no adultery, if the marriage is
void from the beginning.

Adultery is an instantaneous crime which is consummated


and completed at the moment of the carnal union. Each sexual
intercourse constitutes a crime of adultery. Adultery is not a
continuing crime unlike concubinage.

Illustration 1:

Madamme X is a married woman residing in Pasay City. He


met a man, Y, at Roxas Boulevard. She agreed to go with to

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Baguio City, supposedly to come back the next day. When they
were in Bulacan, they stayed in a motel, having sexual
intercourse there. After that, they proceeded again and stopped
at Dagupan City, where they went to a motel and had sexual
intercourse.

There are two counts of adultery committed in this instance:


one adultery in Bulacan, and another adultery in Dagupan City.
Even if it involves the same man, each intercourse is a separate
crime of adultery.

1. mitigated if wife was abandoned without justification by


the offended spouse (man is entitled to this mitigating
circumstance)

Abandonment without justification is not exempting but only


a mitigating circumstance. One who invokes abandonment in the
crime of adultery hypothetically admits criminal liability for the
crime charged. (U. S. vs. Serrano, et al., 28 Phil. 230)

While abandonment is peculiar only to the accused who is


related to the offended party and must be considered only as to
her or him as provided under Article 62, paragraph 3,
nonetheless, judicially speaking, in the crime of adultery, there is
only one act committed and consequently both accused are
entitled to this mitigating circumstance. (People vs. Avelino, 40
O.G. Supp. 11, 194)

2. attempted: caught disrobing a lover

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There is no frustrated adultery because of the nature of the
offense.

In the case of People vs. Pontio Guinucud, et al., (58 Phil.


621), a private agreement was entered into between the husband
and wife for them to separate from bed and board and for each of
them to go for his and her own separate way. Thereafter, the wife
Rosario Tagayum lived with her co-accused Pontio Guinucud in a
nearby barangay. Their love affair ultimately embroiled the
spouses’ conservative and reputable families in a human drama
exposed in legal battles and whispers of unwanted gossips. In
dismissing the complaint, the Court ruled that while a private
agreement between the husband and wife was null and void, the
same was admissible proof of the express consent given by the
condescending husband to the prodigal wife, a license for her to
commit adultery. Such agreement bars the husband from
instituting a criminal complaint for adultery.

After filing the complaint for adultery and while the case is
pending trial and resolution by the trial court, the offended spouse
must not have sexual intercourse with the adulterous wife since
an act of intercourse subsequent to the adulterous conduct is
considered as implied pardon. (People vs. Muguerza, et al., 13
C.A. Rep. 1079)

It is seldom the case that adultery is established by direct


evidence. The legal tenet has been and still is circumstancial and
corroborative evidence as will lead the guarded discretion of a
reasonable and just man to the conclusion that the criminal act of
adultery has been committed will bring about conviction for the
crime.” (U. S. vs. Feliciano, 36 Phil. 753)

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CONCUBINAGE

ELEMENTS:
1. That the man must be married.
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling.
b. Having sexual intercourse under scandalous
circumstances with a woman who is not his wife.
c. Cohabiting with her in any other place.
3. That as regards the woman she must know him to be married.

Note: “Scandal” consists in any reprehensible word/deed


that offends public conscience, redounds to the detriment of the
feelings of honest persons and gives occasions to the neighbor’s
spiritual damage and ruin

With respect to concubinage the same principle applies:


only the offended spouse can bring the prosecution. This is a
crime committed by the married man, the husband. Similarly, it
includes the woman who had a relationship with the married man.

It has been asked why the penalty for adultery is higher than
concubinage when both crimes are infidelities to the marital vows.
The reason given for this is that when the wife commits adultery,
there is a probability that she will bring a stranger into the family.
If the husband commits concubinage, this probability does not
arise because the mother of the child will always carry the child
with her. So even if the husband brings with him the child, it is
clearly known that the child is a stranger. Not in the case of a
married woman who may bring a child to the family under the

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guise of a legitimate child. This is the reason why in the former
crime the penalty is higher than the latter.

Unlike adultery, concubinage is a continuing crime.

If the charges consist in keeping a mistress in the conjugal


dwelling, there is no need for proof of sexual intercourse. The
conjugal dwelling is the house of the spouse even if the wife
happens to be temporarily absent therefrom. The woman
however must be brought into the conjugal house by the accused
husband as a concubine to fall under this article. Thus, if the co-
accused was voluntarily taken and sheltered by the spouses in
their house and treated as an adopted child being a relative of the
complaining wife, her illicit relations with the accused husband
does not make her a mistress. (People vs. Hilao, et al., (C.A.) 52
O.G. 904).

It is only when a married man has sexual intercourse with a


woman elsewhere that “scandalous circumstances” becomes an
element of crime.

For the existence of the crime of concubinage by having


sexual intercourse under scandalous circumstances, the
latter must be imprudent and wanton as to offend modesty
and sense of morality and decency.

When spies are employed to chronicle the activities of the


accused and the evidence presented to prove scandalous
circumstances are those taken by the detectives, it is obvious that
the sexual intercourse done by the offenders was not under
scandalous circumstances. (U.S. vs. Campos-Rueda, 35 Phil. 51)

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Causal sexual intercourse with a woman in a hotel is not
concubinage. Likewise, keeping of a mistress in a townhouse
procured and furnished by a married man who does not live or
sleep with her in said townhouse does not constitute concubinage
since there is no cohabitation.

The rule is that, if a married man’s conduct with a woman


who is not his wife was not confined to occasional or transient
interview for carnal intercourse but is carried n in the manner of
husband and wife and for some period of time, then such
association is sufficient to constitute cohabitation. (People vs.
Zuniga, CA 57 O.G. 2497)

If the evidence of the prosecution consists of a marriage


contract between the offender and the offended party, and the
additional fact of the birth certificate of a child showing the
accused to be the father of the child with the alleged cocubine,
the same will not be sufficient to convict the accused of
concubinage since the law clearly states that the act must be one
of those provided by law.

RAPE

This has been repealed by Republic Act No. 8353 or the


Anti-Rape Law of 1997. Rape is classified as a Crime against
Person. (See notes on Special Laws)

ACTS OF LASCIVIOUSNESS

ELEMENTS:

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1. That the offender commits any act of lasciviousness or
lewdness.
2. That it is done under any of the following circumstances:
a. by using force or intimidation, or
b. when the offended party is deprived of reason or
otherwise unconscious, or
c. when the offended party is under 12 years of age.
3. That the offended party is another person of either sex.

Note: There are two kinds of acts of lasciviousness under the


Revised Penal Code: (1) under Article 336, and (2) under Article
339.

1. Article 336. Acts of Lasciviousness

Under this article, the offended party may be a man or a woman.


The crime committed, when the act performed with lewd design
was perpetrated under circumstances which would have
brought about the crime of rape if sexual intercourse was
effected, is acts of lasciviousness under this article. This
means that the offended party is either –

(1) under 12 years of age; or


(2) being over 12 years of age, the lascivious acts were
committed on him or her through violence or intimidation, or
while the offender party was deprived of reason, or otherwise
unconscious.

2. Article 339. Acts of Lasciviousness with the Consent of the


Offended Party:

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Under this article, the victim is limited only to a woman. The
circumstances under which the lascivious acts were committed
must be that of qualified seduction or simple seduction, that is, the
offender took advantage of his position of ascendancy over the
offender woman either because he is a person in authority, a
domestic, a househelp, a priest, a teacher or a guardian, or there
was a deceitful promise of marriage which never would really be
fulfilled.

Always remember that there can be no frustration of acts of


lasciviousness, rape or adultery because no matter how far the
offender may have gone towards the realization of his purpose, if
his participation amounts to performing all the acts of execution,
the felony is necessarily produced as a consequence thereof.

Intent to rape is not a necessary element of the crime of acts


of lasciviousness. Otherwise, there would be no crime of
attempted rape.

In the crime of acts of lasciviousness, the intention of the


wrongdoer is not very material. The motive that impelled the
accused to commit the offense is of no importance because the
essence of lewdness is in the act itself.

What constitutes lewd or lascivious conduct must be


determined from the circumstances of each case. The
demarcation line is not always easy to determine but in order to
sustain a conviction for acts of lasciviousness, it is essential that
the acts complained of be prompted by lust or lewd designs and
the victim did not consent to nor encouraged the act.

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To be guilty of this crime however, the acts of lasciviousness
must be committed under any of the circumstances that had there
been sexual intercourse, the crime would have been Rape.
Where circumstances however are such, indicating a clear
intention to lie with the offended party, the crime committed as
Attempted Rape.

This crime (Art. 336) can be committed by either sex unlike


in Acts of Lasciviousness with Consent under Article 339. Thus, a
lesbian who toyed with the private part of an eleven-year-old girl
who enjoyed it since she was given $50 dollars before the act, is
guilty of Act of Lasciviousness under this Article as the victim is
below twelve year old; and had sexual intercourse been possible
and done, the act would have been Rape.

SEDUCTION

QUALIFIED SEDUCTION OF A VIRGIN

Two classes of qualified seduction:


1. Seduction of a virgin over 12 and under 18 years of age by
certain persons, such as a person in authority, priest,
teachers etc and
2. Seduction of a sister by her brother or descendant by her
ascendant, regardless of her age or reputation (incestuous
seduction)

Elements:
1. That the offended party is a virgin, (presumed if she
unmarried and of good reputation.)
2. That she must be over 12 and under 18 years of age.

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3. That the offender has sexual intercourse with her.
4. That there is abuse of authority, confidence or relationship on
the part of the offender ( person entrusted with education or
custody of victim; person in public authority, priest; servant)

Persons liable:
1. Those who abuse their authority:
a. persons in public authority
b. guardian
c. teacher
d. person who, in any capacity, is entrusted with the
education or custody of the woman seduced

2. Those who abused the confidence reposed in them:


a. priest
b. house servant
c. domestic

3. Those who abused their relationship:


a. brother who seduced his sister
b. ascendant who seduced his descendant

This crime also involves sexual intercourse. The offended


woman must be over 12 but below 18 years.

The distinction between qualified seduction and simple


seduction lies in the fact, among others, that the woman is a virgin
in qualified seduction, while in simple seduction, it is not
necessary that the woman be a virgin. It is enough that she is of
good repute.

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For purposes of qualified seduction, virginity does not mean
physical virginity. It means that the offended party has not had
any experience before.

The virginity referred to here, is not to be understood in so


material a sense as to exclude the idea of abduction of a virtuous
woman of a good reputation. Thus, when the accused claims he
had prior intercourse with the complainant, the latter is still to be
considered a virgin (U.S. vs. Casten, 34 Phil. 808). But if it was
established that the girl had a carnal relations with other men,
there can be no crime of Seduction as she is not a virgin.

Although in qualified seduction, the age of the offended


woman is considered, if the offended party is a descendant or a
sister of the offender – no matter how old she is or whether she is
a prostitute – the crime of qualified seduction is committed.

Illustration

If a person goes to a sauna parlor and finds there a


descendant and despite that, had sexual intercourse with her,
regardless of her reputation or age, the crime of qualified
seduction is committed.

In the case of a teacher, it is not necessary that the offended


woman be his student. It is enough that she is enrolled in the
same school.

Deceit is not necessary in qualified seduction. Qualified


seduction is committed even though no deceit intervened or even
when such carnal knowledge was voluntary on the part of the

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virgin. This is because in such a case, the law takes for granted
the existence of the deceit as an integral element of the crime and
punishes it with greater severity than it does the simple seduction,
taking into account the abuse of confidence on the part of the
agent. Abuse of confidence here implies fraud.

The fact that the offended party gave her consent to the
sexual intercourse is not a defense. Lack of consent on the part of
the complainant is not an element of the crime.

The term domestic refers to a person usually living under


the same roof with the offended party. It includes all those
persons residing with the family and who are members of the
same household, regardless of the fact that their residence may
only be temporary or that they may be paying for their board and
lodging.

A domestic should not be confused with a house servant. A


domestic is not necessarily a house servant.

Where the offended party is below 12 years of age,


regardless of whether the victim is a sister or a descendant of the
offender, the crime committed is rape.

If the offended party is married and over 12 years of age,


the crime committed will be adultery.

An essential element of a qualified seduction is virginity


(doncella). It is a condition existing in a woman who has had no
sexual intercourse with any man. It does not refer to the condition
of the hymen as being intact.

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One who is charged with qualified seduction can be
convicted of rape. But one who is charged with rape cannot be
convicted of qualified seduction under the same information.
(People vs. Ramirez, 69 SCRA 144)

Even if the woman has already lost her virginity because of


rape, in the eyes of the law, she remains a virtuous woman even if
physically she is no longer a virgin.

SIMPLE SEDUCTION

ELEMENTS

1. That the offended party is over 12 and under 18 years of age.


2. That she must be of good reputation, single or widow.
3. That the offender has sexual intercourse with her.
4. That it is committed by means of deceit.

Deceit generally takes the form of unfulfilled promise to


marry. The promise of marriage must serve as the inducement.
The woman must yield on account of the promise of marriage or
other forms of inducement. (People vs. Hernandez, 29 Phil. 109)

Where the accused failed to have sex with this sweetheart


over twelve (12) but below eighteen (18) years old because the
latter refused as they were not yet married, and the accused
procured the performance of a fictitious marriage ceremony
because of which the girlfriend yielded, he is guilty of Simple
Seduction. (U.S. vs. Hernandez, 29 Phil. 109). Here, there was

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deceit employed. This act may now be considered Rape under
R.A. 8353, Sec. 2 par. 6.

A promise of material things in exchange for the woman’s


surrender of her virtue does not constitute deceit.
If a woman under 18 years of age but over 12 agrees to a
sexual intercourse with a man who promised her precious
jewelries but the man reneges on his promise, there is no
seduction that the woman is of loose morals. (Luis B. Reyes)

Promise of marriage must precede sexual intercourse.

A promise of marriage made by the accused after sexual


intercourse had taken place, or after the woman had yielded her
body to the man by mutual consent will not render the man liable
for simple seduction.
The offended woman must be under 18 but not less than 12
years old; otherwise, the crime is statutory rape.
Unlike in qualified seduction, virginity is not essential in this
crime. What is required is that the woman be unmarried and of
good reputation. Simple seduction is not synonymous with loss of
virginity. If the woman is married, the crime will be adultery.

ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF


THE OFFENDED PARTY

ELEMENTS:

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1. that the offender commits acts of lasciviousness or lewdness.
2. That the acts are committed upon a woman who is virgin or
single or widow of good reputation, under 18 years of age but
over 12 years, or a sister or descendant regardless of her
reputation or age.
3. that the offender accomplishes the acts by abuse of authority,
confidence, relationship, or deceit.

When the acts of lasciviousness is committed with the use


of force or intimidation or when the offended party is under 12
years of age, the object of the crime can either be a woman or a
man.

Where the acts of the offender were limited to acts of


lewdness or lasciviousness, and no carnal knowledge was had;
but had there been sexual intercourse, the offense would have
been Seduction, he is guilty of Acts of Lasciviousness under this
article.

The crime of acts of lasciviousness under Article 339 is one


that is done with the consent of the offended party who is always
a woman. The lewd acts committed against her is with her
consent only because the offender took advantage of his
authority, or there was abuse of confidence, or the employment of
deceit, or the offender is related to the victim.

In the commission of the acts of lasciviousness either by


force or intimidation, or with the consent of the offended party,
there must be no sexual intercourse, or the acts performed are
short of sexual intercourse. In the first situation, the crime would

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either be qualified seduction or simple seduction if the offender
succeeds in having sexual intercourse with the victim. In these
two cases, there is consent but the same is procured by the
offender through the employment of deceit, abuse of confidence,
abuse of authority or because of the existence of blood
relationship.

CORRUPTION OF MINORS

Act punishable: by promoting or facilitating the prostitution or


corruption of persons underage to satisfy the lust of another.

It is not required that the offender be the guardian or


custodian of the minor. It is not necessary that the minor be
prostituted or corrupted as the law merely punishes the act of
promoting or facilitating the prostitution or corruption of said minor
and that he acted in order to satisfy the lust of another.

A single act of promoting or facilitating the corruption or


prostitution of a minor is sufficient to constitute violation of this
article.

What the law punishes is the act of pimp (bugaw) who


facilitates the corruption of a minor. It is not the unchaste act of
the minor which is being punished. So, a mere proposal to
promote or facilitate the prostitution or corruption of a minor is
sufficient to consummate the crime.

Young minor should enjoy a good reputation. Apparently, a


prostitute above 12 and under 18 years of age cannot be the
victim in the crime of corruption of minors.

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WHITE SLAVE TRADE

Acts penalized:
1. Engaging in the business of prostitution
2. Profiting by prostitution
3. Enlisting the service of women for the purpose of prostitution

The person liable under Article 341 is the one who maintains
or engages in the trade of prostitution. A white slave is a woman
held unwillingly for purposes of commercial prostitution. A white
slaver on the other hand is one engaged in white slave traffic,
procurer of white slaves or prostitutes.

The most common way of committing this crime would be


through the maintenance of a bar or saloon where women engage
in prostitution. For each intercourse, the women pay the
maintainer or owner of a certain amount in this case, the
maintainer of owner of the bar or saloon is liable for white slave
trade. (People vs. Go Lo, 56 O.G. 4056)

ABDUCTION

FORCIBLE ABDUCTION

ELEMENTS:

1. That the person abducted is any woman, regardless of her


age, civil status, or reputation.
2. That the abduction is against her will.
3. That the abduction is with lewd designs.

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Note: Sexual intercourse is NOT necessary

Crimes against chastity where age and reputation of victim are


immaterial: rape, acts of lasciviousness, qualified seduction of
sister/descendant, forcible abduction

Forcible abduction defined

It is the taking away of any woman against her will, from her
house or the place where she may be, for the purpose of carrying
her to another place with intent to marry or corrupt her. A woman
is carried against her will or brought from one place to another
against her will with lewd design.

Unlike in Rape and Seduction, in the crime of Abduction,


whether Forcible or Consented, there is no sexual intercourse.
The acts are limited to taking away from a place the victim, but
the same must be with lewd designs, that is, with unchaste design
manifested by kissing and touching the victim’s private parts.

If the element of lewd design is present, the carrying of the


woman would qualify as abduction; otherwise, it would amount to
kidnapping. If the woman was only brought to a certain place in
order to break her will and make her agree to marry the offender,
the crime is only grave coercion because the criminal intent of the
offender is to force his will upon the woman and not really to
restrain the woman of her liberty.

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Where lewd design was not proved or shown, and the victim
was deprived of her liberty, the crime is kidnapping with Serious
Illegal Detention under this Article 267, RPC.

The element of lewd designs, which is essential to the crime


of abduction through violence, refers to the intention to abuse the
abducted woman. If such intention is lacking or does not exist, the
crime may be illegal detention. It is necessary to establish the
unchaste design or purpose of the offender. But it is sufficient that
the intent to seduce the girl is present. The evil purpose of the
offender may be established or inferred from the overt acts of the
accused.

If the offended woman is under 12 years old, even if she


consented to the abduction, the crime is forcible abduction and
not consented abduction.

Where the offended woman is below the age of consent,


even though she had gone with the offender through some
deceitful promises revealed upon her to go with him and they live
together as husband and wife without the benefit of marriage, the
ruling is that forcible abduction is committed by the mere carrying
of the woman as long as that intent is already shown. In other
words, where the man cannot possibly give the woman the benefit
of an honorable life, all that man promised are just machinations
of a lewd design and, therefore, the carrying of the woman is
characterized with lewd design and would bring about the crime of
abduction and not kidnapping. This is also true if the woman is
deprived of reason and if the woman is mentally retarded.
Forcible abduction is committed and not consented abduction.

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Lewd designs may be demonstrated by the lascivious acts
performed by the offender on her. Since this crime does not
involve sexual intercourse, if the victim is subjected to this, then a
crime of rape is further committed and a complex crime of forcible
abduction with rape is committed.

Lewd design does not include sexual intercourse. So, if


sexual intercourse is committed against the offended party after
her forcible abduction, the offender commits another crime
separate and distinct from forcible abduction. In this case, the
accused should be charged with forcible abduction with rape.
(People vs. Jose, et al., 37 SCRA 450)

If the accused carried or took away the victim by means of


force and with lewd design and thereafter raped her, the crime is
Forcible Abduction with Rape, the former being a necessary
means to commit the latter. The subsequent two (2) other sexual
intercourse committed against the will of the complainant would
be treated as independent separate crimes of Rape. (People vs.
Bacalso, 210 SCRA 206).

If the main object of the offender is to rape the victim, and


the forcible abduction was resorted to by the accused in order to
facilitate the commission of the rape, then the crime committed is
only rape. (People vs. Toledo, 83 Phil. 777)

Where the victim was taken from one place to another,


solely for the purpose of killing him and not detaining him for any
legal length of time, the crime committed is murder. (People vs.
Ong, 62 SCRA 174)

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True intention of the offender should be ascertained. If the
detention is only incidental, the same should be considered as
absorbed. Otherwise, it should be treated as a separate offense.
When such a situation arises, we should consider the application
of Article 48 on complex crimes.

The taking away of the woman may be accomplished by


means of deceit at the beginning and then by means of violence
and intimidation later.

The virginity of the complaining witness is not a determining


factor in forcible abduction.

In order to demonstrate the presence of the lewd design,


illicit criminal relations with the person abducted need not be
shown. The intent to seduce a girl is sufficient.

If there is a separation in fact, the taking by the husband of


his wife against her will constitutes grave coercion.

Distinction between Forcible Abduction and Illegal


Detention

When a woman is kidnapped with lewd or unchaste designs,


the crime committed is forcible abduction.
When the kidnapping is without lewd designs, the crime
committed is illegal detention.

But where the offended party was forcibly taken to the


house of the defendant to coerce her to marry him, it was held
that only grave coercion was committed and not illegal detention.

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Forcible abduction must be distinguished from the crime of
kidnapping. When the violent taking of a woman is motivated by
lewd design, the crime committed is forcible abduction. But if the
motive of the offender is to deprive the woman of her liberty, the
crime committed is kidnapping. Abduction is a crime against
chastity while kidnapping is a crime against personal liberty.

CONSENTED ABDUCTION

ELEMENTS:
1. That the offended party must be a virgin.
2. That she must be over 12 and under 18 years of age.
3. That the taking away of the offended party must be with her
consent, after solicitation or cajolery from the offender.
4. That the taking away of the offended party must be with lewd
designs.

Virginity may be presumed from the fact that the offended


party is unmarried and has been leading moral life. Virginity or
maidenhood should not be understood in such a matter of fact as
to completely exclude a woman who has had previous sexual
intercourse. If the previous sexual intercourse was the result of
the crime of rape, the intercourse committed with her against he
will and over her violent objection should not render her unchaste
and a woman of bad reputation.

If the virgin is under 12 years old, the crime committed is


forcible abduction because of the theory that a child below 12
years of age has no will of her own.

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The purpose of the law on consented abduction is to punish
the offender for causing disgrace and scandal to the family of the
offended party. The law does not punish the offender for the
wrong done to the woman since in the eyes of the law, she
consented to her seduction.

The deceit which is termed by the law as solicitation or


cajolery maybe in the form of honeyed promises of marriage.

In consented Abduction, it is not necessary that the young


victim, (a virgin over twelve and under eighteen) be personally
taken from her parent’s home by the accused; it is sufficient that
he was instrumental in her leaving the house. He must however
use solicitation, cajolery or deceit, or honeyed promises of
marriage to induce the girl to escape from her home.

In consented abduction, the taking away of the virgin must


be with lewd design. Actual sexual intercourse with the woman is
not necessary. However, if the same is established, then it will be
considered as strong evidence to prove lewd design.

PROSECUTION OF ADULTERY, CONCUBINAGE,


SEDUCTION, ABDUCTION RAPE AND ACTS OF
LASCIVIOUSNESS

1. Adultery and concubinage must be prosecuted upon complaint


signed by the offended spouse
2. Seduction, abduction, rape or acts of lasciviousness must be
prosecuted upon complaint signed by:
a. offended party
b. by her parents

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c. grandparents
d. guardians in the order in which they are named above

The crimes of adultery and concubinage must be


prosecuted upon a complaint signed by the offended spouse. In
the complaint, the offended party must include both guilty parties
if they are both alive.

The word guardian as mentioned in the law refers to the


guardian appointed by the court. (People vs. Formento, et al., 60
Phil. 434)

What is the meaning of “shall have consented” which bars


the institution of criminal action for adultery or
concubinage?

The term “consent” has reference to the tie prior to the


commission of the crime. In other words, the offended party gives
his or her consent to the future infidelity of the offending spouse.
And so, while consent refers to the offense prior to its
commission, pardon refers to the offense after its commission.
(People vs. Schnekenburger, et al., 73 Phil. 413)

Nota Bene:

Marriage of the offender with the offended party


extinguishes the criminal action or remit the penalty already
imposed upon him. This applies as well to the accomplices,
accessories-after-the-fact. But marriages must be in good faith.
This rule does not apply in case of multiple rape

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In the crimes involving rape, abduction, seduction, and acts
of lasciviousness, the marriage by the offender with the offended
woman generally extinguishes criminal liability, not only of the
principal but also of the accomplice and accessory. However, the
mere fact of marriage is not enough because it is already decided
that if the offender marries the offended woman without any
intention to perform the duties of a husband as shown by the fact
that after the marriage, he already left her, the marriage would
appear as having been contracted only to avoid the punishment.
Even with that marriage, the offended woman could still prosecute
the offender and that marriage will not have the effect of
extinguishing the criminal liability.

Pardon by the offended woman of the offender is not a


manner of extinguishing criminal liability but only a bar to the
prosecution of the offender. Therefore, that pardon must come
before the prosecution is commenced. When the prosecution is
already commenced or initiated, pardon by the offended woman
will no longer be effective because pardon may preclude
prosecution but not prevent the same.

Pardon in crimes against chastity, is a bar to prosecution.


But it must come before the institution of the criminal action. (See
the cases of People vs. Villorente, 210 SCRA 647; People vs.
Avila, 192 SCRA 635) To be effective, it must include both
accused.

How about pardon declared by the offended party during the


trial of the case? Such a declaration is not a ground for the
dismissal of the case. Pardon is a matter of defense which the

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accused must plead and prove during the trial. (People vs. Riotes,
C.A., 49 O.G.3403).

CIVIL LIABILITY OF PERSONS GUILTY OF RAPE, SEDUCTION


OR ABDUCTION

1. To idemnify the offended women


2. To acknowledge the offspring, unless the law should prevent
him from doing so
3. In every case to support the offspring

The civil liability of the adulterer and the concubine is limited


to indemnity for damages caused to the offended spouse. The law
does not mention the adulteress in the crime of adultery such that
only the adulterer shall be held civilly liable.

There is likewise no mention of the offender in the crime of


acts of lasciviousness, as being held liable for civil damages
under Article 345, the law only mentioned the crimes of rape,
seduction and abduction.

Under Article 2219 of the Civil Code, moral damages may


be recovered in seduction, abduction, rape or other lascivious
acts. The crimes of adultery and concubinage are also included.

In the crimes of rape, abduction and seduction, if the


offended woman had given birth to the child, among the liabilities
of the offender is to support the child. This obligation to support
the child may be true even if there are several offenders. As to
whether all of them will acknowledge the child that is a different

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question because the obligation to support here is not founded on
civil law but is the result of a criminal act or a form of punishment.

It has been held that where the woman was the victim of the
said crime could not possibly conceive anymore; the trial court
should not provide in its sentence that the accused, in case a
child is born, should support the child. This should only be proper
when there is a probability that the offended woman could give
birth to an offspring.

ON CRIMES AGAINST CIVIL STATUS OF PERSON

SIMULATION OF BIRTHS, SUBSTITUTION OF ONE


CHILD FOR ANOTHER, AND CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE CHILD

Acts Punished:
1. Simulation of births
2. Substitution of one child for another
3. Concealing or abandoning any legitimate child with the intent
to cause such child to lose its civil status

Requisites:
1. The child must be legitimate
2. The offender conceals or abandons such child
3. The offender has the intent to cause the child to lose its civil
status

Elements of Simulation of Birth

1.Child is baptized or registered in the Registry of birth as hers

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2.Child loses its real status and acquiires a new one
3.Actor’s purpose was to cause the loss of any trace as to the
child’s true filiation

Simulation of birth takes place when a woman pretends to


be pregnant when in fact she is not and on the day of the
supposed delivery, she takes the child of another and declares
the child to be her own. This is done by entering in the birth
certificate of the child that the offender is the alleged mother of
the child when in fact the child belongs to another.

USURPATION OF CIVIL STATUS

Committed by a person who represents himself as another and


assumes the filiation or rights pertaining to such person

Notes:
1. There must be criminal intent to enjoy the civil rights of
another by the offender knowing he is not entitled thereto

The term "civil status" includes one's public station, or the


rights, duties, capacities and incapacities which determine a
person to a given class. It seems that the term "civil status"
includes one's profession.

2. Committed by asuming the filiation, or the parental or


conjugal rights of another

Usurpation is committed by assuming the filiation or parental


(when maternal, paternal or conjugal) claim of another. To be

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liable for usurpation of civil status, the offender must have the
intent to enjoy the rights arising from the civil status of another.

3. Circumstances qualifying the offense: penalty is heavier


when the purpose of the impersonation is to defraud the
offended party or his heirs
BIGAMY

ELEMENTS:
1. That the offender has been legally married.
2. That the marriage has not been legally dissolved or, in case
his or her spouse is absent, the absent spouse could not yet
be presumed dead according to the civil code.
3. That he contracts a second or subsequent marriage.
4. That the second or subsequent marriage has all the essential
requisites for validity.

Nota Bene:

1. The crime does not fall within the category of private crimes
that can be prosecuted only at the instance of the offended
party PUBLIC CRIME

For the crime of bigamy to prosper the first marriage must


be valid. If the first marriage is void from the beginning, such
nullity of the marriage is not a defense in a charge of
bigamy. Consequently, when raised as a defense, the
accused should be convicted since until and unless
annulled, the bond of matrimony remains or is maintained.
Need for judicial declaration of nullity

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The second marriage must have all the essential requisites
for validity were it not for the existence of the first marriage.

2. A simulated marriage is not marriage at all and can be used


as a defense for bigamy

Good faith is a defense in bigamy. One who, although not yet


married before, knowingly consents to be married to one who is
already married is guilty of bigamy knowing that the latter’s
marriage is still valid and subsisting.

3. There must be a summary proceeding to declare the absent


spouse presumptively dead for purposes of remarriage
4. Failure to exercise due diligence to ascertain the
whereabouts of the 1st wife is bigamy through reckless
imprudence
5. A judicial declaration of the nullity of a marriage void ab initio
is now required
6. One convicted for bigamy may be prosecuted for
concubinage as both are distinct offenses
7. One who vouches that there is no legal impediment knowing
that one of the parties is already married is an accomplice

Distinction between bigamy and illegal marriage

Bigamy is a form of illegal marriage. The offender must


have a valid and subsisting marriage. Despite the fact that the
marriage is still subsisting, he contracts a subsequent marriage.

Illegal marriage includes also such other marriages which


are performed without complying with the requirements of law, or

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such premature marriages, or such marriage which was
solemnized by one who is not authorized to solemnize the same.

MARRIAGE CONTRACTED AGAINST PROVISIONS OF


LAWS

ELEMENTS:

1. That the offender contracted marriage.


2. That he knew at the time that
a. the requirement of the law were not complied with, or
b. The marriage was in disregard of a legal impediment.

Note: Circumstance qualifying the offense: if either of the


contracting parties obtains the consent of the other by means of
violence, intimidation or fraud

The requirements of the law for a valid marriage are:

1. The legal capacity of the contracting parties;


2. Their consent freely given;
3. Authority of the person performing the marriage; and
4. Marriage license, except in marriage under exceptional
circumstances.

The law further provides that for accused to be liable under this
article, he should not be guilty of bigamy because otherwise, the
crime punished under Article 350 is deemed absorbed in the
bigamy.

Marriages contracted against the provisions of laws

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1. The marriage does not constitute bigamy.
2. The marriage is contracted knowing that the requirements of
the law have not been complied with or in disregard of legal
impediments.
3. One where the consent of the other was obtained by means of
violence, intimidation or fraud.
4. If the second marriage is void because the accused knowingly
contracted it without complying with legal requirements as the
marriage license, although he was previously married.
5. Marriage solemnized by a minister or priest who does not have
the required authority to solemnize marriages.

PREMATURE MARRIAGE

Acts punished:

1. A widow who within 301 days from death of husband, got


married or before her delivery, if she was pregnant at the time
of his death
2. A woman whose marriage having been dissolved or annulled,
married before her delivery or within 301 days after the legal
separation

PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY

Act punished: Performance of any illegal marriage ceremony by a


priest or minister of any religious denomination or sect or by civil
authorities

ON CRIMES AGAINST HONOR

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LIBEL

ELEMENTS:

1. That there must be an imputation of a crime, or of a vice or


defect, real or imaginary, or any act, omission, condition,
status, or circumstances.
2. That the imputation must be made publicly.
3. That it must be malicious.
4. That the imputation must be directed at a natural or juridical
person, or one who is dead.
5. That the imputation must tend to cause the dishonor, discredit
or contempt of the person defamed.

Libel is a public and malicious imputation of a crime, or a


vice or defect, real or imaginary or any act, commission,
condition, status or circumstances tending to cause the dishonor,
discredit or contempt of a natural or juridical person, or to blacken
the memory of one who is dead

Character of the words used to make it defamatory

Words calculated to induce suspicion are more effective in


destroying reputation than false charges directly made. Ironical
and metaphorical language is a favored vehicle for slander. A
charge is sufficient if the words are calculated to induce the
hearer to suppose and understand that the person against whom
they are uttered is guilty of certain offenses, or are sufficient to
impeach his honesty, virtue or reputation, or to hold him up to
public ridicule. (U.S. vs. O’Connell, 37 Phil. 767)

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Malice has been defined as a term used to indicate the fact
that the defamer is prompted by personal ill or spite and speaks
not in response to duty but merely to injure the reputation of the
person defamed.

Kinds of Malice

Malice in law – This is assumed and is inferred from the


defamatory character of an imputation. The presumption of malice
attaches to the defamatory statement especially if it appears to be
insulting per se. The law presumes that the defamer made the
imputation without good intention or justifiable motive.

Malice in fact – This refers to malice as a fact. The presence


and existence of personal ill-will or spite may still appear even if
the statement is not defamatory. So, where the defamatory acts
may be presumed from the publication of the defamatory acts
imputed refer to the private life of the individual, malice may be
presumed from the publication of the defamatory statement
because no one has a right to invade another’s privacy.

Distinction

Malice in fact is the malice which the law presumes from


every statement whose tenor is defamatory. It does not need
proof. The mere fact that the utterance or statement is
defamatory negates a legal presumption of malice.

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In the crime of libel, which includes oral defamation, there is
no need for the prosecution to present evidence of malice. It is
enough that the alleged defamatory or libelous statement be
presented to the court verbatim. It is the court which will prove
whether it is defamatory or not. If the tenor of the utterance or
statement is defamatory, the legal presumption of malice arises
even without proof.

Malice in fact becomes necessary only if the malice in law


has been rebutted. Otherwise, there is no need to adduce
evidence of malice in fact. So, while malice in law does not
require evidence, malice in fact requires evidence.

Malice in law can be negated by evidence that, in fact, the


alleged libelous or defamatory utterance was made with good
motives and justifiable ends or by the fact that the utterance was
privileged in character.

In law, however, the privileged character of a defamatory


statement may be absolute or qualified. When the privileged
character is said to be absolute, the statement will not be
actionable whether criminal or civil because that means the law
does not allow prosecution on an action based thereon. In libel
cases, the question is not what the offender means but what the
words used by him mean. ( Sazon vs. CA, 255 SCRA 692)

Praises undeserved are slander in disguise

Where the comments are worded in praise of the plaintiff,


like describing him with qualities which plaintiff does not deserve

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because of his social, political and economic status in the
community which is too well known to all concerned, are which
intended are intended to ridicule rather than praise him, the
publication is deemed libelous (Jimenez vs. Reyes, 27 SCRA 52)

Even if what was imputed is true, the crime of libel is


committed unless one acted with good motives or justifiable end.
Poof of truth of a defamatory imputation is not even admissible in
evidence, unless what was imputed pertains to an act which
constitutes a crime and when the person to whom the imputation
was made is a public officer and the imputation pertains to the
performance of official duty. Other than these, the imputation is
not admissible.

When proof of truth is admissible

1. When the act or omission imputed constitutes a crime


regardless of whether the offended party is a private individual
or a public officer;
2. When the offended party is a government employee, even if
the act or omission imputed does not constitute a crime,
provided if its related to the discharged of his official duties.

Requisites of defense in defamation

1. If it appears that the matter charged as libelous is true;


2. It was published with good motives;
3. It was for justifiable ends.

If a crime is a private crime, it cannot be prosecuted de officio. A


complaint from the offended party is necessary.

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Libel Perjury
-false accusation need -false accusation is
not be made under made under oath
oath

LIBEL BY MEANS OF WRITING OR SIMILAR MEANS

A libel may be committed by means of – Writing; Printing;


Lithography; Engraving; Radio; Photograph; Painting; Theatrical
exhibition; Cinematographic exhibition; or Any similar means.

THREATENING TO PUBLISH LIBEL AND OFFER TO


PREVENT SUCH PUBLICATION FOR A COMPENSATION

Acts punished
1. Threatening another to publish a libel concerning him, or his
parents, spouse, child, or other members of his family;

2. Offering to prevent the publication of such libel for


compensation or money consideration.

It involves the unlawful extortion of money by appealing to


the fear of the victim, through threats of accusation or exposure. It
contemplates of two offenses: a threat to establish a libel and an
offer to prevent such publication. The gravamen of the crime is
the intent to extort money or other things of value.

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Blackmail – In its metaphorical sense, blackmail may be
defined as any unlawful extortion of money by threats of
accusation or exposure. Two words are expressive of the crime –
hush money. (US v. Eguia, et al., 38 Phil. 857) Blackmail is
possible in (1) light threats under Article 283; and (2) threatening
to publish, or offering to prevent the publication of, a libel for
compensation, under Article 356.

PROHIBITED PUBLICATION OF ACTS REFERRED TO IN


THE COURSE OF OFFICIAL PROCEEDINGS

ELEMENTS:
1. That the offender is a reporter, editor or manager of a
newspaper, daily or magazine.
2. That he publishes facts connected with the private life of
another.
3. Those facts are offensive to the honor, virtue and reputation of
said person.

Note:
Even though made in connection with or under the pretext
that it is necessary in the narration of any judicial or administrative
proceedings wherein such facts have been mentioned.

With its provisions, Article 357 has come to be known as the


“Gag Law.” It prohibits reporters, editors or managers of
newspapers from publishing articles containing facts connected
with the private life of an individual; facts which are offensive to
the honor, virtue and reputation of persons. But these must refer
to facts which are intimately related to the offended party’s family

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and home. Occasionally, it involves conjugal troubles and quarrels
because of infidelity, adultery or crimes involving chastity.

ORAL DEFAMATION / SLANDER

Two Kinds of Oral Defamation:


1. action of a serious and insulting nature (Grave slander)
2. light insult or defamation – not serious in nature (simple
slander)

Factors that determine gravity of the offense:


a) expressions used
b) personal relations of the accused and the offended party
c) circumstances surrounding the case

Notes:
The gravity of oral defamation depends not only on the
expressions but also on the personal relation of the accused with
the offended party. Other circumstances like the presence of
important people when the crime was committed, the social
standing and position of the offended party are factors which may
influence the gravity and defamatory imputation (Victorio vs. Court
of Appeals, 173 SCRA 645).
Note that slander can be committed even if the defamatory
remark was done in the absence of the offended party. (People
vs. Clarin, C.A., 37 O.G. 1106)
If the utterances were made publicly and were heard by
many people and the accused at the same time levelled his finger
at the complainant, oral defamation is committed (P v Salleque)
The word “puta ” does not impute that the complainant is
prostitute. (People vs. Atienza, G.R. No. L-19857, Oct. 26, 1968 )

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It is a common expression of anger or displeasure. It is seldom
taken in its literal sense by the hearer. It is viewed more as a
threat on the part of the accused to manifest and emphasize a
point. (Reyes vs. People, 27 SCRA 686)

SLANDER BY DEED

ELEMENTS:
1. That the offender performs any act not included in any other
crime against honor.
2. That such act is performed in the presence of other person or
persons.
3. That such act casts dishonor, discredit or contempt upon the
offended party.

Notes:
Slander by deed is a defamation committed by the offender
against the complainant through the performance of any act which
casts dishonor, discredit or contempt upon another person.
Slander by deed refers to performance of an act, not use of
words.

Two kinds of slander by deed

1. Simple slander by deed; and


2. Grave slander by deed, that is, which is of a serious nature.

Whether a certain slanderous act constitutes slander by


deed of a serious nature or not, depends on the social standing of
the offended party, the circumstances under which the act was
committed, the occasion, etc. The acts of slapping and boxing the

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woman, a teacher, in the presence of many people has put her to
dishonor, contempt and ridicule. (P v Costa). If the acts committed
against the offended party caused her physical injury which did
not require medical attendance, then the crime would be
maltreatment which is classified as slight physical injuries.

Distinctions

a. Unjust Vexation-irritation or annoyance/anything


that annoys or irritates without justification.
b. Slander by Deed-irritation or annoyance + attendant
publicity and dishonor or contempt.
c. Acts of lasciviousness-irritation or annoyance + any
of 3 circumstance provided in Art335 of RPC on rape
- use of force or intimidation
- deprivation of reason or rendering the offended
unconscious
- offended party under 12 yrs of age plus lewd designs

PERSONS RESPONSIBLE FOR LIBEL

Who are liable?

a. person who publishes, exhibits or causes the publication


or exhibition of any defamation in writing or similar
means(par.1)
b. author or editor of a book or pamphlet
c. editor or business manager of a daily newspaper
magazine or serial publication(par.2)
d. owner of the printing plant which publishes a libelous
article with his consent and all other persons who in any way

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participate in or have connection with its publication (US v
Ortiz)

LIBELOUS REMARKS

Libelous remarks or comments on privileged matters (under


Art. 354) if made with malice in fact will not exempt the author and
editor.

(This article is a limitation to the defense of privileged


communication)

INCRIMINATORY MACHINATIONS

INCRIMINATING INNOCENT PERSON

ELEMENTS:
1. That the offender performs an act.
2. That by such act he directly incriminates or imputes to an
innocent person the commission of a crime.
3. That such act does not constitute perjury.

Two Kinds

a. making a statement which is defamatory or


perjurious (if made under oath and is false)
b. planting evidence

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Note: article is limited to planting evidence and the like

This crime cannot be committed through verbal incriminatory


statements. It is defined as an act and, therefore, to commit this
crime, more than a mere utterance is required. If the incriminating
machination is made orally, the crime may be slander or oral
defamation. If the incriminatory machination was made in writing
and under oath, the crime may be perjury if there is a willful falsity
of the statements made. If the statement in writing is not under
oath, the crime may be falsification if the crime is a material
matter made in a written statement which is required by law to
have been rendered. As far as this crime is concerned, this has
been interpreted to be possible only in the so-called planting of
evidence.

There is such a crime as incriminating an innocent person


through unlawful arrest. (People vs. Alagao, et al., G.R. No. L-
20721, April 30, 1966)

INTRIGUING AGAINST HONOR

How committed?

By any person who shall make any intrigue which has for its
principal purpose to blemish the honor or reputation of another
person

Notes:
The crime is committed by resorting to any form of scheme
or plot designed to blemish the reputation of a person. The

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offender does not employ written or spoken words, pictures or
caricatures to ridicule the victim. Rather, he uses some ingenious,
crafty and secret ploy which produces the same effect.

Intriguing against honor is referred to as gossiping. The


offender, without ascertaining the truth of a defamatory utterance,
repeats the same and passes it on to another, to the damage of
the offended party. Who started the defamatory news is
unknown.

Where the source of polluted information can be traced and


pinpointed, and the accused adopted as his own the information
he obtained, and passed it to another in order to cause dishonor
to the complainant’s reputation, the act is Slander and not
intriguing against Honor. But where the source or the author of
the derogatory information can not be determined and the
accused borrows the same, and without subscribing to the truth
thereof, passes it to others, the act is one of Intriguing against
Honor.

Distinction between Intriguing Against Honor and Slander

When the source of the defamatory utterance is unknown


and the offender simply repeats or passes the same, the crime is
intriguing against honor. If the offender made the utterance, where
the source of the defamatory nature of the utterance is known,
and offender makes a republication thereof, even though he
repeats the libelous statement as coming from another, as long as
the source is identified, the crime committed by that offender is
slander.

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Distinction between Intriguing Against Honor and
Incriminating an Innocent Person

In intriguing against honor, the offender resorts to an intrigue


for the purpose of blemishing the honor or reputation of another
person. In incriminating an innocent person, the offender performs
an act by which he directly incriminates or imputes to an innocent
person the commission of a crime.

R.A. 4200 The Anti - Wire Tapping Act

Acts punished:

1) any person, not authorized by all the parties to any private


communication or spoken word
a) taps any wire of cable OR
b) uses any other device or arrangement, to secretly
overhear, intercept, or record such communication or
spoken word by using a device commonly known as a
dictaphone or dictagraph or walkie talkie or tape recorder

2) any person, whether or not a participant in the above-


mentioned acts:
a) knowingly possesses any tape record, wire record, disc
record, or any other such record or copies thereof of any
communication or spoken word
b) replays the same for any other person
c) communicates the contents thereof, whether complete or
partial, to any other person

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Notes: Peace officer is exempt if acts done under lawful order of
the court. You can only use the recording for the case for which it
was validly requested. Information obtained in violation of the Act
is inadmissible in evidence in any hearing or investigation.

CRIMINAL NEGLIGENCE

ELEMENTS OF RECKLESS IMPRUDENCE:

1. That the offender does or fails to do an act.


2. That the doing of or the failure to do that act is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of precaution on the part of the
offender, taking into consideration
a. his employment or occupation
b. degree of intelligence, physical condition, and
c. other circumstances regarding persons, time and place.

ELEMENTS OF SIMPLE IMPRUDENCE:

1. That there is lack of precaution on the part of the offender.


2. That the damage impending to be caused in not immediate or
the danger is not clearly manifest.

Quasi-offenses punished

1. Committing through reckless imprudence any act which, had it


been intentional, would constitute a grave or less grave felony
or light felony;

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2. Committing through simple imprudence or negligence an act
which would otherwise constitute a grave or a less serious
felony;
3. Causing damage to the property of another through reckless
imprudence or simple imprudence or negligence;
4. Causing through simple imprudence or negligence some wrong
which, if done maliciously, would have constituted a light felony.

Distinction between Reckless Imprudence and Negligence

The two are distinguished only as to whether the danger that


would be impending is easily perceivable or not. If the danger
that may result from the criminal negligence is clearly perceivable,
the imprudence is reckless. If it could hardly be perceived, the
criminal negligence would only be simple.

There is no more issue on whether culpa is a crime in itself


or only a mode of incurring criminal liability. It is practically settled
that criminal negligence is only a modality in incurring criminal
liability. This is so because under Article 3, a felony may result
from dolo or culpa.

Nota Bene: Test for determining whether or not a person is


negligent of doing of an act which results in injury or damages to
another person or his property.

Would a prudent man in the position of the person, to whom


negligence is attributed, foresee harm to the person injured? If so,
the law imposes on the doer, the duty to refrain from the course of
action, or to take precaution against such result. Failure to do so
constitutes negligence. Reasonable foresight of harm, followed by

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ignoring the admonition borne of this provision, is the constitutive
fact of negligence. (Picart vs. Smith, 37 Phil. 809, 813)

Test of Negligence

Did the defendant, in doing the alleged negligent act, use


the reasonable care and caution which an ordinary prudent
person would have used in the same situation? If not, then he is
guilty of negligence.

The penalties under Article 365 has no application in the


following cases:

6. When the penalty provided for the offense ifs equal or


lower than that provided in pars.1 and 2 of Article 365. In
this case, the penalty shall be that which is next lower in
degree than that which should be imposed, in the period
which the court may deem proper to apply.

7. When by imprudence or negligence and with violation


of the Automobile Law, the death of a person is caused, the
penalty is prision correccional in its medium and maximum
periods.

a. Art.64 on mitigating and aggravating circumstances not


applicable.
b. Failure to lend on the spot assistance to victim of his
negligence: penalty next higher in degree.
c. Abandoning usually punishable under Art 275, if
charged under Art 365 is only qualifying and if not
alleged cannot even be an aggravating circumstance.

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d. Contributory negligence—not a defense, only
mitigating

The defense of contributory negligence does not apply in


criminal cases committed through reckless imprudence. It is
against public policy to invoke the negligence of another to
escape criminal liability. (People vs. Quiñones, C.A., 44 O.G.
1520)

The above-mentioned doctrine should be reconciled with the


doctrine of “concurrent proximate cause of two negligent drivers.”

In the case of People vs. Desalis, et al., C.A., 57 O.G. 8689,


the two accused were drivers of two speeding vehicles which
overtook vehicles ahead of them and even encroached on the
other’s lane without taking due precaution as required by the
circumstances. The court found the concurrent or successive
negligent act or omission of the two drivers as the direct and
proximate cause of the injury caused to the offended party. The
court could not determine in what proportion each driver
contributed to the injury. Both were declared guilty for the injury
suffered by the third person.

When negligence does not result in any injury to persons or


damage to property, then no crime is committed. Negligence
becomes punishable when it results in the commission of a crime.
(Lantok, Jr. vs. Hon. Gorgonio, L-37396, April 30, 1979, 75 O.G.
7763)

Last clear chance doctrine

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The contributory negligence of the injured party will not
defeat the action if it be shown that the accused might, by the
exercise of reasonable care and prudence, have avoided the
consequences of the negligence of the injured party

Emergency rule

An automobile driver, who, by the negligence of another, is


suddenly placed in an emergency and compelled to act instantly
to avoid a collision or injury is not guilty of negligence if he makes
a choice which a person of ordinary prudence placed in such a
position might make even though he did not make the wisest
choice.

Doctrine of Pre-emption

It is a rule in collision cases which the driver of a motor


vehicle to make a full stop when crossing a thru-street. Any
accident therefore which takes place in said corner gives to rise to
the presumption of negligence on the part driver of the motor
vehicle running thru-street has already reached the middle part of
the intersection. In such a case, the other driver who has the right
of way has the duty to stop his motor vehicle in order to avoid a
collision. (People vs. Taradji, 3 C.A. Rep. [25] 460)

If the criminal negligence resulted, for example, in homicide,


serious physical injuries and slight physical injuries do not join
only the homicide and serious physical injuries in one information
for the slight physical injuries. You are not complexing slight
when you join it in the same information. It is just that you are not

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splitting the criminal negligence because the real basis of the
criminal liability is the negligence.

If you split the criminal negligence, that is where double


jeopardy would arise.

Accused is not criminally liable for the death or injuries


caused by his negligence to trespassers whose presence in the
premises he was not aware of. In the case of People vs. Cuadra,
C.A., 53 O.G. 7265, accused was a truck driver. Unknown to him,
several persons boarded his truck and while driving along a
slippery road which has a declinations of 25 degrees, the left front
wheel of the truck fell into a ditch. In his effort to return the truck to
the center of the road, the truck turned turtle, throwing off two of
the passengers who boarded the truck without his knowledge. As
a consequence, one of them died. Cuadra was acquitted of the
crime of reckless imprudence resulting in homicide and physical
injuries.

Overtaking of another vehicle is a normal occurrence in


driving. But when the overtaking is done from right, it shows
recklessness and disregard of traffic laws and regulations. It is
likewise so when the overtaking is done while another vehicle is
approaching from the opposite direction. This is a violation of
Section 59(b) of the Motor Vehicle Law (People vs. Songalla,
C.A., 67 O.G. 8330)

Driving within the speed limit is not a guaranty of due care.


Speed limits impose the maximum speed which should not be
exceeded. The degree of care required of a motorist is not
governed by speed limits but by the circumstances and conditions

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obtaining in the place at the particular time. So, if the maximum
speed limit is 80 kilometers per hour and the vehicle driven at 30
kilometers per hour, but because of the very slow pace of the
vehicle, an accident occurs, the observation of the speed limit will
not be acceptable evidence of due care. (people vs. Caluza, C.A.,
58 O.G. 8060)

…oΩo…
CRIMINAL PROCEDURE

RULE 110 - PROSECUTION OF OFFENSES

Institution of Criminal actions- Criminal actions shall be


instituted as follows:

(a) For offenses where a preliminary investigation is


required pursuant to section
I of Rule 112, by filing the complaint with the proper officer for the
purpose of conducting the requisite preliminary investigation.

(b) For all other offenses, by filing the complaint or


information directly with the
Municipal Trial Courts and Municipal Circuit Trial Courts, or the
complaint with the office of the prosecutor. In Manila and other
chartered cities, the complaint shall be filed with the office of the
prosecutor unless otherwise provided in their charters.

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The institution of the criminal action shall interrupt the
running of the period of prescription of the offense charged unless
otherwise provided in special laws.

Complaint or Information – The complaint or information shall


be in writing, in the name of the People of the Philippines and
against all persons who appear to be responsible for the offense
involved.

Complaint defined – A complaint is a sworn written statement


charging a person with an offense, subscribed by the offended
party, any peace officer, or other public officer charge with the
enforcement of the law violated.

Information defined – Information is an accusation in writing


charging a person with an offense, subscribed by the prosecutor
and filed with the court.

Who must prosecute Criminal Actions?

All criminal actions commenced by a complaint or


information shall be prosecuted under the direction and control of
the prosecutor. However, in Municipal Trial Courts or Municipal
Circuit Trial Courts when the prosecutor assigned thereto or to the
case is not available, the offended party, any peace officer, or
public officer charged with the enforcement of the law violated
may prosecute the case. This authority shall cease upon actual
intervention of the prosecutor or upon elevation of the case to the
Regional Trial Court.
The crimes of adultery and concubinage shall not be
prosecuted except upon a complaint filed by the offended spouse.

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The offended party cannot institute criminal prosecution without
including the guilty parties, if both are alive, nor, in any case, if the
offended party has consented to the offense or pardoned the
offenders.
The offenses of seduction, abduction and acts of
lasciviousness shall not prosecuted except upon a complaint filed
by the offended party or her parents, grandparents or guardian,
nor, in any case, if the offender has been expressly pardoned by
any of them. If the offended party dies or becomes incapacitated
before she can file the complaint, and she has no known parents,
grandparents or guardian, the State shall initiate the criminal
action in her behalf.
The offended party, even if a minor, has the right to initiate
the prosecution of the offense of seduction, abduction and acts of
lasciviousness independently of her parents, grandparents, or
guardian, unless she is incompetent or incapable of doing so.
Where the offended party, who is a minor, fails to file the
complaint, her parents, grandparents, or guardian may file the
same. The right to file the action granted to parents, grandparents
or guardian shall be exclusive of all other persons and shall be
exercised successively in the order herein provided, except as
stated in the preceding paragraph.
No criminal action for defamation which consists in the
imputation of any of the offenses mentioned above shall be
brought except at the instance of and upon complaint filed by the
offended party.
The prosecution for violation of special laws shall be governed by
the provisions thereof.

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Sufficiency of complaint or information

A complaint or information is sufficient if it states the name


of the accused; the designation of the offense given by the
stature; the acts or omissions complained of as constituting the
offense; the name of the offended party; the approximate date of
the commission of the offense; and the place where the offense
was committed.

When an offense is committed by more than one person, all


of them shall be included in the complaint or information.

Name of the accused

The complaint or information must state the name and


surname of the accused or any appellation or nickname by which
he has been or is known. If his name cannot be ascertained, he
must be described under a fictitious name with a statement that
his true name is unknown.

If the true name of the accused is thereafter disclosed by


him or appears in some other manner to the court, such true
name shall be inserted in the complaint or information and record.

Designation of the offense

The complaint or information shall state the designation of


the offense given by the statute, aver the acts or omissions
constituting the offense, and specify its qualifying and aggravating
circumstances. If there is no designation of the offense, reference

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shall be made to the section or subsection of the statute
punishing it.

Cause of the accusation

The acts or omissions complained of as constituting the


offense and the qualifying and aggravating circumstances must
be stated in ordinary and concise language and not necessarily in
the language used in the statue but in terms sufficient to enable a
person of common understanding to know what offense is being
charged as well as its qualifying and aggravating circumstances
and for the court to pronounce judgement.

Place of the commission of the offense

The complaint or information is sufficient if it can be


understood from its allegations that the offense was committed or
some of its essential ingredients occurred at some place within
the jurisdiction of the court, unless the particular place where it
was committed constitutes an essential element of the offense
charged or is necessary for its identification.

Date of commission of the offense

It is not necessary to state in the complaint or information


the precise date the offense was committed except when it is a
material ingredient of the offense. The offense may be alleged to
have been committed on a date as near as possible to the actual
date of its commission.

Name of the offended party

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The complaint or information must state the name and
surname of the person against whom or against whose property
the offense was committed, or any appellation or nickname by
which such person has been or is known. If there is no better way
of identifying him, he must be described under a fictitious name.

(a) In offenses against property, if the name of the offended


party is unknown, the property must be described with such
particularity as to properly identify the offense charged.
(b) If the name of the person against whom or against whose
property the offense was committed is thereafter disclosed or
ascertained, the court must cause such true name to be
inserted in the complaint or information and the record.

(c) If the offended party is a juridical person, it is sufficient to


state its name, or any name or designation by which it is known
or by which it may be identified, without need or averring that it
is a juridical person or that it is organized in accordance with
law.

Duplicity of the offense

A compliant or information must charge only one offense,


except when the law prescribes a single punishment for various
offenses.

Amendment or substitution

A complaint or information may be amended, in form or in


substance, without leave or court, at any time before the accused

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enters his plea. After the plea and during the trial, a formal
amendment may be made with leave of court and when it can be
done without causing prejudice to the rights or the accused.

However, any amendment before plea, which downgrades


the nature of the offense charged in or excludes any accused
from the complaint or information, can be made only upon motion
by the prosecutor, with notice to the offended party and with leave
of court, the court shall state its reasons in resolving the motion
and copies of its order shall be furnished all parties, especially the
offended party.

If it appears at any time before judgment that a mistake has


been made in charging the proper offense, the court shall dismiss
the original complaint or information upon the filing of a new one
charging the proper offense in accordance with section 19 Rule
119, provided the accused shall not be placed in double jeopardy.
The court may require the witnesses to give bail for their
appearance at the trial.

Place where action is to be instituted

(a) Subject to existing laws, the criminal action shall be


instituted and tried in the court of the municipality or territory
where the offense was committed or where any of its essential
ingredients occurred.

(b) Where an offense is committed in a train, aircraft, or


other public or private vehicle in the course of its trip, the criminal
action shall be instituted and ___ in the court of any municipality

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or territory where such train, aircraft, or other vehicle passed
during its trip, including the place of its departure and arrival.

(c) Where an offense is committed on board a vessel in the


course of its voyage, the criminal action shall be instituted and
tried in the court of the first port of entry or of any municipality or
territory where the vessel passed during such voyage, subject to
the generally accepted principles of international law.

(d) Crimes committed outside the Philippines but punishable


under Article 2 of the Revised Penal Code shall be cognizable by
the court where the criminal action is first filed.

Intervention of the offended party in criminal action

Where the civil action for recovery of civil liability is instituted


in the criminal action pursuant the Rule 111, the offended party
may intervene by counsel in the prosecution of the offense.

RULE 111 - PROSECUTION OF CIVIL ACTION

Institution of criminal and civil actions

(a) When a criminal action is instituted, the civil action for


the recovery of civil liability arising from the offense charged shall
be deemed instituted with the criminal action unless the offended
party waives the civil action, reserves the right to institute it
separately or institutes the civil action prior to the criminal action.

The reservation of the right to institute separately the civil


action shall be made before the prosecution starts presenting its

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evidence and under circumstances affording the offended party a
reasonable opportunity to make such reservation.

When the offended party seeks to enforce civil liability


against the accused by way of moral, nominal, temperate, or
exemplary damages without specifying the amount thereof in the
complaint or information, the filing fees therefor shall constitute a
first lien on the judgment awarding such damages.

Where the amount of damage, other than actual, is specified


in the complaint or information, the corresponding filing fees shall
be paid by the offended party upon the filing thereof in court.

Except as otherwise provided in these Rules, no filing fees


shall be required for actual damages.

No counterclaim, cross-claim or third-party complaint may


be filed by the accused in the criminal case, but any cause of
action which could have been the subject thereof may be litigated
in a separate civil action.

(b) The criminal action for violation of Batas Pambansa Blg.


22 shall be deemed to include the corresponding civil action. No
reservation to file such civil action separately shall be allowed.

Upon filing of the aforesaid joint criminal and civil actions,


the offended party shall pay in full the filing fees based on the
amount of the check involved, which shall be considered as the
actual damages claimed. Where the complaint or information also
seeks to recover liquidated, moral, nominal, temperate or
exemplary damages, the offended party shall pay additional filing

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fees based on the amounts alleged therein. If the amounts are not
so alleged but any of these damages are subsequently awarded
by the court, the filing fees based on the amount awarded shall
constitute a first lien on the judgment.

Where the civil action has been separately and trial thereof
has not yet commenced, it may be consolidated with the criminal
action upon application with the court trying the latter case. If the
application is granted, the trial of both actions shall proceed in
accordance with section 2 of this Rule governing consolidation of
the civil and criminal actions.

When separate civil is suspended

After the criminal action has been commenced, the separate


action arising therefrom cannot be instituted until final judgment
has been entered in the criminal action.
If the criminal action is filed after the said civil action has
already been instituted, the latter shall be suspended in whatever
stage it may be found before judgment on the merits. The
suspension shall last until final judgment is rendered in the
criminal action. Nevertheless, before judgment on the merits is
rendered in the civil action, the same may, upon motion of the
offended party, be consolidated with the criminal action in the
court trying the criminal action. In case of consolidation, the
evidence already adduced in the civil action shall be deemed
automatically reproduced in the criminal action without prejudice
tot he right of the prosecution to cross-examine the witnesses
presented by the offended party in the criminal case and of the
parties to present additional evidence. The consolidated criminal
and civil actions shall be tried and decided jointly.

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During the pendency of the criminal action, the running of
the period of prescription of the civil action which cannot be
instituted separately or whose proceeding has been suspended
shall be tolled.
The extinction of the penal action does not carry with it
extinction of the civil action. However, the civil action based on
delict shall be deemed extinguished if there is a finding in a final
judgment in the criminal action that the act or omission from which
the civil liability may arise did not exist.

When civil may proceed independently

In the cases provided in Articles 32, 33, 34 and 2176 of the


Civil Code of the Philippines, the independent civil action may be
brought by the offended party. It shall proceed independently of
the criminal action and shall require only a preponderance of
evidence. In no case, however, may the offended party recover
damages twice for the same act or omission charged in the
criminal action.

Effect of death on civil actions

The death of the accused after arraignment and during the


pendency of the criminal action shall extinguish the civil liability
arising from the delict. However, the independent civil action
instituted under section 3 of this Rule or which thereafter is
instituted to enforce liability arising from other sources of
obligation may be continued against the estate or legal
representative of the accused after proper substitution or against
said estate, as the case maybe. The heirs of the accused may be
substituted for the deceased without requiring the appointment of

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an executor or administrator and the court may appoint a
guardian ad litem for the minor heirs.
The court shall forthwith order said legal representative or
representatives to appear and be substituted within a period of
thirty (30) days from notice.
A final judgment entered in favor of the offended party shall
be enforced in the manner especially provided in these rules for
prosecuting claims against the estate of the deceased.
If the accused dies before arraignment, the case shall be
dismissed without deceased.

Judgment in civil action not a bar

A final judgment rendered in a civil action absolving the


defendant from civil liability is not a bar to a criminal action
against the defendant for the same act or omission subject of the
civil action.

Suspension by reason of prejudicial question

A petition for suspension of the criminal action based upon


the pendency of a prejudicial question in a civil action may be filed
in the office of the prosecutor or the court conduction the
preliminary investigation. When the criminal action has been filed
in court for trial, the petition to suspend shall be filed in the same
criminal action at any time before the prosecution rests.

Elements of prejudicial question

The elements of a prejudicial question are: (1) The


previously instituted civil action involves an issue similar or

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intimately related to the issue raised in the subsequent criminal
action, and (b) the resolution of such issue determines whether or
not the criminal action may proceed.

RULE 112 - PRELIMINARY INVESTIGATION

Preliminary investigation defined; when required.

Preliminary investigation is an inquiry or proceeding to


determine whether there is sufficient ground to engender a well-
founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial.

Except as provided in section 7 of this Rule, a preliminary


investigation is required to be conducted before the filing of a
complaint or information for an offense where the penalty
prescribed by law is at least four (4) years, two (2) months and
one (1) day without regard to the fine.

Officers authorized to conduct preliminary investigation.

The following may conduct preliminary investigations:

1. Provincial or City Prosecutors and their assistants;


2. Judges of the Municipal Trial Courts and Municipal Circuit
Trial Courts;
3. National and Regional State Prosecutors; and
4. Other officers as may be authorized by law.

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Their authority to conduct preliminary investigations shall
include all crimes cognizable by the proper court in their
respective territorial jurisdictions.

Procedure

The preliminary investigation shall be conducted in the


following manner:

(a) The complaint shall state the address of the respondent


and shall be accompanied by the affidavits of the complainant and
his witnesses, as well as other supporting documents to establish
probable cause. They shall be in such number of copies as there
are respondents, plus two (2) copies for the official file. The
affidavits shall be subscribed and sworn to before any prosecutor
or government official authorized to administer oath, or, in their
absence or unavailability, before a notary public, each of whom
must certify that he personally examined the affiants and that he
is satisfied that he is satisfied that they voluntarily executed and
understood their affidavits.

(b) Within ten (10) days after the filing of the complaint, the
investigating officer shall either dismiss it if he finds no ground to
continue with the investigation, or issue a subpoena to the
respondent attaching to it a copy of the complaint and its
supporting affidavits and documents.
The respondent shall have the right to examine the evidence
submitted by the complainant which he may not have been
furnished and to copy them at his expense. If the evidence is
voluminous, the complainant may be required to specify those
which he intends to present against the respondent, and these

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shall be made available for examination or copying by the
respondent at his expense.
Objects as evidence need not be furnished a partly but shall
be made available for examination, copying, or photographing at
the expense of the requesting party.

(c) Within ten (10) days from receipt of the subpoena with
the complaint and supporting affidavits and documents, the
respondent shall submit his counter-affidavit and that of his
witnesses and other supporting documents relied upon for his
defense. The counter-affidavits shall be subscribed and sworn to
and certified as provided in paragraph (a) of this section, with
copies thereof furnished by him to the complainant. The
respondent shall not be allowed to file a motion to dismiss in lieu
of a counter-affidavit.

(d) If the respondent cannot be subpoenaed, or if


subpoenaed, does not submit counter-affidavits within the ten (10)
day period, the investigating officer shall resolve the complaint
based on the evidence presented by the complainant.

(e) The investigation officer may set a hearing if there are


facts and issues to be clarified from a party or a witness. The
parties can be present at the hearing but without the right to
examine or cross-examine. They may, however, submit to the
investigating officer questions which may be asked to the party or
witness concerned.
The hearing shall be held within ten (10) days from
submission of the counter-affidavits and other documents or from
the expiration of the period for their submission. It shall be
terminated within five (5) days.

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(f) Within ten (10) days after the investigation, the
investigating officer shall determine whether or not there is
sufficient ground to hold the respondent for trial.

Resolution of investigating prosecutor and its review

If the investigating prosecutor finds cause to hold the


respondent for trial, he shall prepare the resolution and
information. He shall certify under oath in the information that he,
or as shown by the record, an authorized officer, has personally
examined the complainant and his witnesses; that there is
reasonable ground to believe that a crime has been committed
and that the accused is probably guilty thereof; that the accused
was informed of the complaint and of the evidence submitted
against him; and that he was given an opportunity to submit
controverting evidence. Otherwise, he shall recommend the
dismissal of the complaint.

Within five (5) days from his resolution, he shall forward the
record of the case to the provincial or city prosecutor or chief state
prosecutor, or to the Ombudsman or his deputy in cases of
offenses cognizable by the Sandigangbayan in the exercise of its
original jurisdiction. They shall act on the resolution within ten (10)
days from their receipt thereof and shall immediately inform the
parties of such action.

No complaint or information may be filed or dismissed by an


investigating prosecutor without the prior written authority or
approval of the provincial or city prosecutor or chief state
prosecutor or the Ombudsman or his deputy.

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Where the investigating prosecutor recommends the
dismissal of the complaint but his recommendation is disapproved
by the provincial or city prosecutor or chief state prosecutor or the
Ombudsman or his deputy on the ground that a probable cause
exists, the latter may, by himself, file the information against the
respondent, or direct another assistant prosecutor or state
prosecutor to do so without conducting another preliminary
investigation.

If upon petition by a proper party under such rules as the


Department of Justice may prescribe or motu proprio, the
Secretary of Justice reverse or modifies the resolution of the
provincial or city prosecutor or chief state prosecutor, he shall
direct the prosecutor concerned either to file the corresponding
information without conducting another preliminary investigation,
or to dismiss or move for dismissal of the complaint or information
with notice to the parties. The same rule shall apply in preliminary
investigations conducted by the officers of the Office of the
Ombudsman.

Resolution of investigating judge and its review

Within ten (10) days after the preliminary investigation, the


investigating judge shall transmitted the resolution of the case to
the provincial or city prosecutor, or to the Ombudsman or his
deputy in cases of offenses cognizable by the Sandiganbayan in
the exercise of its original jurisdiction, for appropriate action. The
resolution shall state the findings of facts and the law supporting
his action, together with the record of the case ;which shall
include: (a) the warrant, if the arrest is by virtue of a warrant; (b)
the affidavits, counter-affidavits and other supporting evidence of

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the parties; (c) the undertaking or bail of the accused and the
order for his release; (d) the transcripts of the proceedings during
the preliminary investigation; and (e) the order of cancellation of
his bail bond, if the resolution is for the dismissal of the complaint.

Within thirty (30) days from receipt of the records, the


provincial or city prosecutor, or the Ombudsman or his deputy, as
the case may be, shall review the resolution of the investigating
judge on the existence of probable cause. Their ruling shall
expressly and clearly state the facts and the law on which it is
based and the parties shall be furnished with copies thereof. They
shall order the release of an accused who is detained if no
probable cause is found against him.

When warrant of arrest may issue?

(a) By the Regional Trial Court.- Within ten (10) days from
the filing of the complaint or information, the judge shall
personally evaluate the resolution of the prosecutor and its
supporting evidence. He may immediately dismiss the case of the
evidence on record clearly fails to establish probable cause. If he
finds probable cause, he shall issue a warrant of arrest, or a
commitment order if the accused has already been arrested
pursuant to a warrant issued by the judge who conducted the
preliminary investigation or when the complaint or information was
filed pursuant to section 7 of this rule. In case of doubt on the
existence of probable cause, the judge may order the prosecutor
to present additional evidence within five (5) days from notice and
the issue must be resolved by the court within thirty (30) days
from the filing of the complaint of information.

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(b) By the Municipal Trial Court. – When required pursuant
to the second paragraph of section 1 of this Rule, the preliminary
investigation of cased falling under the original jurisdiction of the
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal
Trial Court, or Municipal Circuit Trial Court may be conducted by
either the judge or the prosecutor. When conducted by the
prosecutor, the procedure for the issuance of a warrant of arrest
by the judge shall be governed by paragraph (a) of this section.
When the investigation is conducted by the judge himself, he shall
follow the procedure provided in section 3 of this Rule. If his
findings and recommendations are affirmed by the provincial or
city prosecutor, or by the Ombudsman or his deputy, and the
corresponding information is filed, he shall issue a warrant of
arrest. However, without waiting for the conclusion of the
investigation, the judge may issue a warrant of arrest if he finds
after an examination in writing under oath of the complainant and
his witnesses in the form of searching questions and answers,
that a probable cause exists and that there is a necessity of
placing the respondent under immediate custody in order not to
frustrate the ends of justice.

(c) When warrant of arrest not necessary. – A warrant of


arrest shall not issue if the accused is already under detention
pursuant to a warrant issued by the municipal trial court in
accordance with paragraph (b) of this section, or if the complaint
or information was filed pursuant to section 7 of this Rule or is for
an offense penalized by fine only. The court shall then proceed in
the exercise of its original jurisdiction.

When accused lawfully arrested without warrant

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When a person is lawfully arrested without a warrant
involving an offense which requires a preliminary investigation,
the complaint or information may be filed by a prosecutor without
need of such investigation provided an inquest has been
conducted in accordance with existing rules. In the absence or
unavailability of an inquest prosecutor, the complaint may be filed
by the offended party or a peace officer directly with the proper
court on the basis of the affidavit of the offended party or arresting
officer or person.

Before the complaint or information is filed, the person


arrested may ask for a preliminary investigation in accordance
with this rule, but he must sign a waiver of the provisions of Article
125 of the Revised Penal Code, as amended, in the presence of
his counsel. Notwithstanding the waiver, he may apply for bail and
the investigation must be terminated within fifteen (15) days from
its inception.

After the filing of the complaint or information in court


without a preliminary investigation, the accused may, within five
(5) days from the time he learns of its filing, ask for a preliminary
investigation with the same right to adduce evidence in his
defense as provided in this Rule. (7a; sec. 2 R.A. No. 7438)

Records

(a) Records supporting the information or complaint. An


information or complaint filed in court shall be supported by the
affidavits and counter-affidavits of the parties and their witnesses,
together with the other supporting evidence and the resolution on
the case.

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(b) Record of preliminary investigation. – The record of the
preliminary investigation, whether conducted by a judge or a
prosecutor, shall not from part of the record of the case. However,
the, court, on its own initiative or on motion of any party, may
order the production of the record or any of its part when
necessary in the resolution of the case or any incident therein, or
when it is to be introduced as an evidence in the case by the
requesting party. (8a)

Cases not requiring a Preliminary Investigation nor covered


by the Rule on Summary Procedure

(a) If filed with the prosecutor. – If the complaint is filed


directly with the prosecutor involving an offense punishable by
imprisonment of less than four (4) years. two (2) months and one
(1) day, the procedure outlined in section 3 (a) of this Rule shall
be observed. The prosecutor shall act on the complaint based on
the affidavits and other supporting documents submitted by the
complainant within ten (10) days from its filing.

(b) If filed with the Municipal Trial Court. – If the complaint or


information is filed with the Municipal Trial Court or Municipal
Circuit Trial Court for an offense covered by this section, the
procedure in section 3 (a) of this Rule shall be observed. If within
ten (10) days after the filing of the complaint or information, the
judge finds no probable cause after personally evaluating the
evidence, or after personally examining in writing and under oath
the complainant and his witnesses in the form of searching
questions and answers, he shall dismiss the same. He may,
however, require the submission of additional evidence, within ten
(10) days from notice, to determine further the existence of

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probable cause. if the judge still finds no probable cause despite
the additional evidence, within ten (10) days from its submission
or expiration of said period, dismiss the case. When he finds
probable case, he shall issue a warrant of arrest, or a
commitment order if the accused had already been arrested, and
hold him for trial. However, if the judge is satisfied that there is no
necessity for placing the accused under custody, he may issue
summons instead of a warrant of arrest.

RULE 113 - ARREST

Arrest defined – Arrest is the taking of a person into custody in


order that he may be bound to answer for the commission of an
offense.

Arrest; how made – An arrest is made by an actual restraint of a


person to be arrested, or by his submission to the custody of the
person making the arrest.

No violence or unnecessary force shall be used in making


an arrest. The person arrested shall not be subject to a greater
restraint than is necessary for his detention

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Duty of arresting officer

It shall be the duty of the officer executing the warrant to


arrest the accused and deliver him to the nearest police station or
jail without unnecessary delay.

Executive of warrant

The head of the office to whom the warrant of arrest was


delivered for execution shall cause the warrant to be executed
within ten (10) days from its receipt. Within ten (10) days after the
expiration of the period, the officer to whom it was assigned for
execution shall make a report to the judge who issued the
warrant. In case of his failure to execute the warrant, he shall
state the reasons therefor.

Arrest without warrant; when lawful

A peace officer or a private person may, without a warrant, arrest


a person:

(a) When, in his presence, the person to be arrested has


committed, is actually committing, or is attempting to commit an
offense;
(b) When an offense has just been committed and he has
probable cause to belief based on personal knowledge of facts or
circumstances that the person to be arrested has committed it;
and
(c) When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is serving

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final judgment or is temporarily confined while his case is
pending, or has escaped while being transferred from one
confinement to another.

In cases falling under paragraphs (a) and (b) above, the


person arrested without a warrant shall be forthwith delivered to
the nearest police station or jail and shall be proceeded against in
accordance with section 7 of Rule 112. (5a)

Time of making arrest - An arrest may be made on any day


and at any time of the day or night.

Method of arrest by officer by virtue of warrant

When making an arrest by virtue of a warrant, the officer


shall inform the person to be arrested of the cause of the arrest
and the fact that a warrant has been issued for his arrest, except
when he flees or forcibly resists before the officer has opportunity
to so inform him, or when the giving of such information will
imperil the arrest. The officer need not have the warrant in his
possession at the time of the arrest but after the arrest, if the
person arrested so requires, the warrant shall be shown to him as
soon as practicable.

Method of arrest by officer without warrant

When making an arrest without a warrant, the officer shall


inform the person to be arrested of his authority and the cause of
the arrest, unless the latter is either engaged in the commission of
an offense, is pursued immediately after its commission, has
escaped, flees, or forcibly resists before the officer has

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opportunity to so inform him, or when the giving of such
information will imperil the arrest.

Method of arrest by private person

When making an arrest, a private person shall inform the


person to be arrested of the intention to arrest him and the cause
of the arrest, unless the latter is either engaged in the commission
of an offense, is pursued immediately after its commission, or has
escaped, flees, or forcibly resists before the person making the
arrest has opportunity to so inform him, or when the giving of such
information will imperil the arrest.

Officer may summon assistance

An officer making a lawful arrest may orally summon as


many persons as he deems necessary to assist him in effecting
the arrest. Every person so summoned by an officer shall assist
him in effecting the arrest when he can render such assistance
without detriment to himself.

Right of officer to break into building or enclosure

An officer, in order to make an arrest either by virtue of a


warrant, or without a warrant as provided in section 5, may break
into any building or enclosure where the person to be arrested is
or is reasonably believed to be, if he is refused admittance
thereto, after announcing his authority and purpose.

Right to break out from building or enclosure

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Whenever an officer has entered the building or enclosure in
accordance with the preceding section, he may break out
therefrom when necessary to liberate himself.

Arrest after escape or rescue

If a person lawfully arrested escapes or is rescued, any


person may immediately pursue or retake him without a warrant
at any time and in any place within the Philippines.

Right of attorney or relative to visit person arrested

Any member of the Philippine Bar shall, at the request of the


person arrested or of another acting in his behalf, have the right to
visit and confer privately with such person in the jail or any other
place of custody at any hour of the day or night. Subject to
reasonable regulations, a relative of the person arrested can also
exercise the same right. (14a)

RULE 114 - BAIL

Bail defined – Bail is the security given for the release of a


person in custody of the law, furnished by him or a bondsman, to
guarantee his appearance before any court as required under the
conditions hereinafter specified. Bail may be given in the form of
corporate surety, property bond, cash deposit, or recognizance.

Conditions of the bail; requirements

All kinds of the bail are subject to the following conditions:

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(a) The undertaking shall be effective upon approval, and
unless cancelled, shall
remain in force at all stage of case until promulgation of the
judgement of the Regional Trail Court, irrespective of whether the
case was originally filled in or appealed to it;
(b) The accused shall appear before proper court
whenever required by the court or these Rules;
(c)The failure of the accused to appear at the trial without
justification and despite due notice shall be deemed a
waiver of his right to be present thereat. In such case,
the trial may proceed in absentia; and
(d) The bondsman shall surrender the accused to the
court for execution of the final judgment.

The original papers shall state the full name address of the
address of the accused, the amount of the undertaking and the
conditions required by this section. Photographs (passport size)
taken within the last six (6) months showing the face, left and right
profiles of the accused must be attached to the bail.

No release or transfer except on court or bail

No person under detention by legal process shall be


released or transferred except upon of the other court or when he
is admitted to bail.

Bail, a matter of right; exception

All persons in custody shall be admitted to bail as a matter


of right, with sufficient sureties, or released on recognizance as
prescribed by law or this Rule (a) before or after conviction by the

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Metropolitan Trial Court, Municipal Trail Court, Municipal Trial
Court in Cities, or Municipal Circuit Trail Court, and (b) before
conviction by the Regional Trail Court of an offense not
punishable by death, reclusion perpetua, or life imprisonment.

Bail, when discretionary

Upon conviction by the Regional Trial Court of an offense


not punishable by death, reclusion perpetua , or life imprisonment,
admission to bail is discretionary. The application for bail may be
filed and acted upon by the trial court despite the filing of a notice
of appeal, provided it has not transmitted the original record to the
appellate court. However, if the decision of the trial court
convicting the accused changed the nature of the offense from
non – bailable to bailable, the application for bail cab only be filed
with and resolved by the appellate court.

Should the court grant the application, the accused may be


allowed to continue on provisional liberty during the pendency of
the appeal under the same bail subject to the consent of the
bondsman.

If the penalty imposed by the trial court is imprisonment


exceeding six (6) years, the accused shall be denied bail, or his
bail shall be cancelled upon a showing by the prosecution, with
notice to the accused, of the following or other similar
circumstances:

(a)That he is a recidivist, quasi-recidivist, or habitual


deliquent, or has committed the crime aggravated by the
circumstance of reiteration;

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(b) That he has previously escaped from legal
confinement, evaded sentence, or violated the conditions of his
bail without valid justification;
(c) That he committed the offense while under probation,
parole, or conditional pardon;
(d)That the circumstances of his case indicate the
probability of flight if released on bail; or
(e)That there is undue risk that he may commit another
crime during the pendency of the appeal.

The appellate court may, motu proprio or on motion of any


party, review the resolution of the Regional Trial Court after notice
to the adverse party in either case

Capital offense defined – A capital offense is an offense which,


under the law existing at the time of its commission and of the
application for admission to bail, may be punished with death.

Capital offense or an offense punishable by reclusion


perpetua or life imprisonment, not bailable

No person charged with a capital offense or an offense


punishable by reclusion perpetua or life imprisonment, shall be
admitted to bail when evidence of guilt is strong, regardless of the
stage of the criminal prosecution.

Burden of proof in bail application

At the hearing of an application of bail filed by a person who


is custody for the commission of an offense punishable by death,
reclusion perpetua, or life imprisonment, the persecution has the

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burden of showing that evidence of guilt is strong. The evidence
presented during the bail hearing shall be considered
automatically reproduced at the trial but, upon motion of either
party, the court may recall any witness for additional examination
unless the latter is dead, outside the Philippines, or otherwise
unable to testify.

Amount of bail; guidelines

The judge who is issued the warrant or granted the


application shall fixed a reasonable amount of bail considering
primarily, but not limited to the following factors:

(a) Financial ability of the accused to give bail;


(b) Nature and circumstances of the offense;
(c)Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Probability of the accused appearing at the trial;
(f) Weight of the evidence against the accused;
(g) Age and health of the accused;
(h) Forfeiture of the accused appearing at the trial;
(i) Pendency of other cases where the accused is on bail.
(j) The fact that the accused was a fugitive from justice
when arrested; and
Excessive bail shall not be required.

Corporate surety

Any domestic or foreign corporation, licensed as a surety in


accordance with law and currently authorized to act as such, may

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provide bail by a bond subscribed jointly by the accused and an
officer of the corporation duly authorized by its board of directors.

Property bond how posted

A property bond is an undertaking constituted as lien on the


real property given as security for the amount of the bail. Within
ten (10) days after the approval of the bond, the accused shall
cause the annotation of the lien on the certificate of title on file
with the Registry of Deeds if the land is registered, or if
unregistered, in the Registration Book on the space provided
therefor in the Registry of Deeds for the province or city where the
land lies, and on the corresponding tax declaration in the office of
the provincial, city and municipal assessor concerned.
Within the same period; the accused shall submit to the
court his compliance and his failure to do so shall be sufficient
cause for the cancellation of the property bond his re-arrest and
detention.

Qualifications of sureties in property bond

The qualifications of sureties in a property bond shall be as


follows:
(a) Each must be a resident owner of real estate within
the Philippines;
(b) Where there is only one surely, his real estate must be
worth at least the amount of the undertaking;
(c)If there are two or more sureties, each may justify in an
amount less than that expressed in the undertaking but the
aggregate of the justified sums must be equivalent to the whole
amount of the bail demanded.

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In all cases, every surety must be worth the amount
specified in his own undertaking over and above all just debts,
obligations and properties exempt from execution:

Justification of sureties

Every surety justify by affidavit taken before the judge that


he possesses the qualifications prescribed in the preceding
section. He shall describe the property given as security, starting
the nature of his title, its encumbrances, the number and amount
of other bails entered into by him and still undischarged, and his
other liabilities. The court may examine the sureties upon oath
concerning their sufficiency in such manners as it may deem
proper. No bail shall be approved unless the surety is qualified.

Deposit of cash as bail

The accused or any person acting in his behalf may deposit


in cash with the nearest collector of internal revenue or provincial
city, or municipal treasure the amount of bail fixed by the court, or
recommended by the prosecutor who investigated or filed the
case. Upon submission of a proper certificate of deposit and a
written undertaking showing compliance with the requirements of
section 2 of this Rule, the accused shall be discharged from
custody. The money deposited shall be considered as bail and

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applied to the payment of fine and costs while the excess, if any,
shall be returned to the accused or to whoever made the deposit.

Recognizance

Whoever allowed by law or these Rules, the court may


release a person in custody on his own recognizance or that of a
responsible person.

Bail, when not required; reduced bail or recognizance

No bail shall be required when the law or these Rules so


provide.
When a person has been in custody for a period equal to or
more than the possible maximum imprisonment prescribed for the
offense charged, he shall be released immediately, without
prejudice to the continuation of the trial or the proceedings on
appeal. If the maximum penalty to which the accused may be
sentences is destierro, he shall be released after thirty (30) days
of preventive imprisonment.
A person is custody for a period equal to or more than the
minimum of the principal penalty prescribed for the offense
charged, without application of the Indeterminate Sentence Law
or any modifying circumstance, shall be released on a reduced
bail or on his own recognizance, at the discretion of the court.

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Bail, where filed

(a) Bail in the amount fixed may be filed with


the court where the case is pending, or in the absence or
unavailability of the judge thereof, with any regional trial
judge, metropolitan trial judge, municipal trial judge, or
municipal circuit trial judge in the province, city, or
municipality. If the accused is arrested in a province, city, or
municipality other than where the case is pending, bail may
also be filed with any regional trial court of said place, or if
no judge thereof is available, with any metropolitan trial
judge, municipal trial judge, or municipal circuit trial judge
therein.
(b) Where the grant of bail is a matter of
discretion, or the accused seeks to be released on
recognizance, the application may only be filed in the court
where the case is pending, whether on preliminary
investigation, trial, or appeal.
(c) Any person in custody who is not yet
charged in court may apply for bail with any court in the
province, city, or municipality where he is held.

Notice of application to prosecutor

In the application for bail under section 8 of this Rule, the


court must give reasonable notice of the hearing to the prosecutor
or require him to submit his recommendation.

Release on bail

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The accused must be discharged upon approval of the bail
by the judge with whom it was filed in accordance with section 17
of this Rule.
When bail is filed with a court other than where the case is
pending, the judge who accepted the bail shall forward it, together
with the order of release and other supporting papers, to the court
where the case is pending, which ma, for good reason, require a
different one to be filed.

Increase or reduction of bail

After the accused is admitted to bail, the court may, upon


good cause, either increase or reduce its amount. When
increased, the accused may be committed to custody if he does
not give bail in the increased amount within a reasonable period.
an accused held to answer a criminal charge, who is released
without bail upon filing of the complaint or information, may, at any
subsequent stage of the proceedings and whenever a strong
showing of guilt appears to the court, the required to give bail in
the amount fixed, or in lieu thereof, committed to custody.

Forfeiture of bail

When the presence of the accused is required by the court


or these Rules, his bondsmen shall notified to produce him before
the court on a given date and time. If the accused fails to appear
in person as required, his bail shall be declared forfeited and the
bondsmen given thirty (30) days within which to produce their
principal and to show cause why no judgment should be rendered
against them for the amount of their bail. Within the said period,
the bondsmen must:

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(a) produce the body of their principal or give the reason for
his non-production; and
(b) explain why the accused did not appear before the court
when first required to do so.

Failing in these two requisites, a judgment shall be rendered


against the bondsmen, jointly and severally, for the amount of the
bail. The court shall not reduce or otherwise mitigate the liability of
the bondsmen, unless the accused has been surrendered or is
acquitted.

Cancellation of bail

Upon application of the bondsmen, with due notice to the


prosecutor, the bail may be cancelled upon surrender of the
accused or proof of his death.
The bail shall be deemed automatically cancelled upon
acquittal of the accused, dismissal of the case, or execution of the
judgment of conviction.
In all instances, the cancellation shall be without prejudice to
any liability on the bail.

Arrest of accused out on bail

For the purpose of surrendering the accused, the bondsmen


may arrest him or, upon written authority endorsed on a certified
copy of the undertaking, cause him to be arrested by a police
officer or any other person of suitable age and discretion.

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An accused released on bail may be re- arrested without the
necessity of a warrant if he attempts to depart from the
Philippines without permission of the court where the case is
pending.

No bail final judgment; exception

No bail shall be allowed after a judgment of conviction has


become final. If before such finality, the accused applies for
probation, he may be allowed temporary liberty under his bail.
When no bail was filed or the accused is incapable of filing one,
the court may allow his release on recognizance to the custody of
a responsible member of the community. In no case shall bail be
allowed after the accused has commenced to serve sentence.

Court supervision of detainees

The court shall exercise supervision over all persons in


custody for the purpose of eliminating unnecessary detention.
The executive judges of the Regional Trial Courts shall conduct
monthly personal inspections of provincial, city, and municipal jails
and the prisoners within their respective jurisdictions. They shall
ascertain the number of detainees, inquire on their proper
accommodation and health and examine the condition of the jail
facilities. They shall order the segregation of sexes and of minors
from adults, ensure the observance of the right of detainees to
confer privately with counsel, and strive to eliminate conditions
inimical to the detainees.
In cities and municipalities to be specified by the Supreme
Court, the municipal trial judges or municipal circuit trial judges
shall conduct monthly personal inspections of the municipal jails

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in their respective municipalities and submit a report to the
executive judge of the Regional Trial Court having jurisdiction
therein.
A monthly report of such visitation shall be submitted by the
executive judges to the Court Administrator which shall state the
total number of detainees, the names of those held for more than
thirty (30) days, the duration of detention, the crime charged, the
status of the case, the cause for detention, and other pertinent
information.

Bail not a bar to objections on illegal arrest, lack of or


irregular preliminary investigation

An application for or admission to bail shall not bar the


accused from challenging the validity of his arrest or the legality of
the warrant issued therefor, or from assailing the regularity or
questioning the absence of a preliminary investigation of the
charge against him, provided that he raises them before entering
his plea. The court shall resolve the matter as early as
practicable, but not later than the start of the trial of the case.

RULE 115 - RIGHTS OF ACCUSED

Rights of accused at the trial

In all criminal prosecutions, the accused shall be entitled to


the following rights:

(a) To be presumed innocent until the contrary is proved


beyond reasonable doubt.

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(b) To be informed of the nature and cause of the
accusation against him.
(c) To be present and defend in person and by counsel at
every stage of the proceedings, from arraignment to promulgation
of the judgment. The accused may, however, waive his presence
at the trial pursuant to the stipulations set forth in his bail, unless
his presence is specifically ordered by the court for purposes of
identification. The absence of the accused without justifiable
cause at the trial of which he had notice shall be considered a
waiver of his right to be present thereat. When an accused under
custody escapes, he shall be deemed to have waived his right to
be present on all subsequent trial dates until custody over him is
regained. Upon motion, the accused may be allowed to defend
himself in person when it sufficiently appears to the court that he
can properly protect his rights without the assistance of counsel.
(d) To testify as a witness in his own behalf but subject to
cross-examination on matters covered by direct examination. His
silence shall not in any manner prejudice him.
(e) To be exempt from being compelled to be a witness
against himself.
(f) To confront and cross-examine the witnesses against him
at the trial. Either party may utilize as part of its evidence the
testimony of a witness who is deceased, out of or can not with
due diligence be found in the Philippines, unavailable, or
otherwise unable to testify, given in another case or proceeding,
judicial or administrative, involving the same parties and subject
matter, the adverse party having the opportunity to cross-examine
him.
(g) To have compulsory, process issued to secure the
attendance of witnesses and production of other evidence in his
behalf.

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(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and in the manner
prescribed by law.

RULE 116 - ARRAIGNMENT AND PLEA

Arraignment and plea; how made

(a) The accused must be arraigned before the court where


the complaint or information was filed or assigned for trial. The
arraignment shall be made in open court by the judge or clerk by
furnishing the accused with a copy of the complaint or
information, reading the same in the language or dialect known to
him, and asking him whether he pleads guilty or not guilty. The
prosecution may call at the trial witnesses other than those
named in the complaint or information.
(b) The accused must be present at the arraignment and
must personally enter his plea. both arraignment and plea shall be
made of record, but failure to do so shall not affect the validity of
the proceedings.
(c) When the accused refuses to plead or makes a
conditional plea, a plea of not guilty shall be entered for him. (1a)
(d) When the accused pleads guilty but present exculpatory
evidence, his plea shall be deemed withdrawn and a plea of not
guilty shall be entered for him.
(e) When the accused is under preventive detention, his
case shall be raffled and its records transmitted to the judge to
whom the case was raffled within three (30 days from the filing of
the information r complaint. The pre-trial conference of his case
shall be held within ten (10) days after arraignment.

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(f) The private offended party shall be required to appear at
the arraignment for purposes of plea bargaining determination of
civil liability, and other matters requiring his presence. In case of
failure of the offended party to appear despite due notice, the
court may allow the accused to enter a plea of guilty to a lesser
offense which is necessarily included in the offense charged with
the conformity of the trial prosecutor alone. (cir. 1-89)
(g) Unless a shorter period is provided by special law or
Supreme Court circular, the arraignment shall be held within thirty
(30) days from the date the court acquires jurisdiction over the
person of the accused. The time of the pendency of a motion to
quash or for a bill of particulars or other causes justifying
suspension of the arraignment shall be excluded in computing the
period. (sec. 2, cir.38-98)

Plea of guilty to a lesser offense

At arraignment, the accused, with the consent of the


offended party and the prosecutor, may be allowed by the trial
court to plead guilty to a lesser offense which is necessarily
included in the offense charge. After arraignment but before trial,
the accused by still be allowed to plead guilty to said lesser
offense after withdrawing his plea of not guilty. No amendment of
the complaint or information is necessary. (sec. 4, circ. 38-98)

Plea of guilty to capital offense; reception of evidence

When the accused pleads guilty to a capital offense, the


court shall conduct a searching inquiry into the voluntariness and
full comprehension of the consequences of his plea and shall

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require the prosecution to prove his guilt and the precise degree
of culpability. The accused may present evidence in his behalf.

Plea of guilty to non-capital offense; reception of evidence,


discretionary

When the accused pleads guilty to a non-capital offense, the


court may receive evidence from the parties to determine the
penalty to be imposed.

Withdrawal of improvident plea of guilty

At any time before the judgment of conviction becomes final,


the court may permit an improvident plea of guilty to be withdrawn
and be substituted by a plea of not guilty.

Duty of court to inform accused of his right to counsel

Before arraignment, the court shall inform the accused of his


right to counsel and ask him if he desires to have one. Unless the
accused is allowed to defend himself in person or has employed
counsel of his choice, the court must assign a counsel de oficto to
defend him.

Appointment of counsel de oficio

The court, considering the gravity of the offense and the


difficulty of the questions that may arise, shall appoint as counsel
de oficio such members of the bar in good standing who, by
reason of their experience and ability, can competently defend the
accused. But in localities where such members of the bar are not

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available, the court may appoint any person resident of the
province and good repute for probity and ability, to defend the
accused.

Time for counsel de oficio to prepare for arraignment

Whenever counsel de oficio is appointed by the court to


defend the accused at the arraignment, he shall be given a
reasonable time to consult with the accused as to his plea before
proceeding with the arraignment.

Bill of particulars

The accused may, before arraignment, move for a bill of


particulars to enable him properly to plead and prepare for trial.
The motion shall specify the alleged defects of the complaint or
information and the details desired.

Production or inspection of material evidence in


possession of prosecution\

Upon motion of the accused showing good cause and with


notice to the parties, the court, in order to prevent surprise,
suppression, or alteration, may order the prosecution to produce
and permit the inspection and copying or photographing of any
written statement given by the complainant and other witness in
any investigation of the offense conducted by the prosecution or
other investigating photographs, objects, or tangible things not

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otherwise privileged, which constitute or contain evidence
material to any matter involved in the case and which are in the
possession or under the control of the prosecution, police, or
other law investigating agencies.

Suspension of arraignment

Upon motion by the proper party, the arraignment shall be


suspended in the following cases:
(a) The accused appears to be suffering from an unsound
mental condition which effectively renders him unable to fully
understand the charge against him and to plead intelligently
thereto. In such case, the court shall order his mental examination
and, if necessary, his confinement for such purpose;
(b) There exists a prejudicial question; and
(c) A petition for review of the resolution of the prosecutor is
pending at either the Department of Justice, or the Office of the
President; provided that the period of suspension shall not exceed
sixty (60) days counted from the filing of the petition with the
reviewing office.

RULE 117 - MOTION TO QUASH

Time to move to quash

At any time before entering his plea, the accused may


moved to quash the complaint or information.

Form and contents

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The motion to quash shall be in writing, signed by the
accused or his counsel and shall distinctly specify its factual and
legal grounds. The court shall consider no ground other than
those stated in the motion, except lack of jurisdiction over the
offense charged.

Grounds

The accused may move to quash the complaint or


information on any of the following grounds:

(a) That the facts charged do not constitute an offense;


(b) That the court trying the case has no jurisdiction over
the offense charged;
(c)That the court trying the case has no jurisdiction over the
person of the accused;
(d) That the officer who filed the information had no
authority to do so;
(e) That it does not conform substantially to the prescribed
form;
(f) That more than one offense is charged except when a
single punishment for various offenses is prescribed by
law;
(g) That the criminal action or liability has been
extinguished;
(h) That it contains averments which, if true, would
constitute a legal excuse of justification; and
(i) That the accused has been previously convicted or
acquitted of the offense charged, or the case against him
was dismissed or otherwise terminated without his
express consent.

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Amendment of complaint or information

If the motion to quash is based on an alleged defect of the


complaint or information which can be cured by amendment, the
court shall order that an amendment be made.
If it is based on the ground that the facts charged do not
constitute an offense, the prosecution shall be given by the court
an opportunity to correct the defect by amendment. The motion
shall be granted if the prosecution fails to make the amendment,
or the complaint or information still suffers from the same defect
despite the amendment.

Effect of sustaining the motion to quash

If the motion to quash is sustained, the court may order that


another complaint or information be filed except as provided in
section 6 of this rule. If the order is made, the accused, if in
custody, shall not be discharged unless admitted to bail. If no
order is made or if having been made, no new information is filed
within the time specified in the order or within such further time as
the court may allow for good cause, the accused, if in custody,
shall be discharged unless he is also in custody for another
charge.

Order sustaining the motion to quash not a bar to another


prosecution; exception

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An order sustaining the motion to quash is not a bar to
another prosecution for the same offense unless the motion was
based on the grounds specified in section 3 (g) and (i) of this
Rule.

Former conviction or acquittal; double jeopardy

When an accused has been convicted or acquitted, or the


case against him dismissed or otherwise terminated without his
express consent by a court of competent jurisdiction, upon a valid
complaint or information or other formal charge sufficient in form
and substance to sustain a conviction and after the accused had
pleaded to the charge, the conviction or acquittal of the accused
or the dismissal of the case shall be a bar to another prosecution
for the offense charged, or for any attempt to commit the or
frustration thereof, or for any offense which necessarily includes
or is necessarily included in the offense charged in the former
complaint or information under any of the following instances:
(a) the graver offense developed due to supervening facts
arising from the act or omission constituting the former
charge;
(b) the facts constituting the graver charge became known
or were discovered by after a plea was entered in the
former complaint information; or
(c)the plea of guilty to the lesser offense was made without
the consent of the executor and of the offended party
except as provided in section 1(f) of Rule 116.

In any of the foregoing cases, where the accused satisfies


or serves in whole or part of judgment, be shall be credited with
the same in the event of conviction of the graver offense.

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Provisional Dismissal

A case shall not be provisionally dismissed except with the


express consent of the accused and with notice to the offended
party.

The provisional dismissal of offenses punishable by


imprisonment not proceeding six (6) years or a fine of any
amount, or both, shall become permanent one (1) year after
issuance of the order without the case having been revived. With
respect to offenses punishable by imprisonment of more than six
(6) years, their provisional dismissal shall become permanent two
(2) years after issuance of the order without case having been
revived.

Failure to move to quash or to allege any ground therefore

The failure of the accused to assert any ground of a motion


to quash before he pleads to the complaint or information, either
because he did not file a motion to quash or failed to allege the
same motion, shall be deemed a waiver of any objections used on
the grounds provided for in paragraphs (a), (b), (g), and (i) of this
Rule.

RULE 118 - PRE-TRIAL

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Pre-trail; mandatory in criminal cases

In all criminal cases recognizable by the Sandiganbayan,


Regional Court, Metropolitan Trail Court, Municipal Trail Court in
Cities, Municipal Trail Court and Municipal Circuit Trail Court, the
court shall, after arraignment and within thirty (30) days from the
date be court acquires jurisdiction over the person of the accused,
unless a shorter period is provided for in special laws or circulars
of the Supreme Court, order a pre-trail conference to consider the
following:
(a) plea bargaining;
(b) stipulation of facts;
(c)marking for identification of evidence of the parties;
(d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused admits
the charge but interposes a lawful defense; and
(f) such matter as well as promote a fair and expeditious trial
of the criminal and civil aspects of case. (Sec. 2 and 3, cir. 38-
98)

Pre-trial agreement

All agreements or admissions made or entered during the


pre-trial conference shall be reduced in writing and signed by the
accused and counsel, otherwise, they cannot be used against the
accused. The agreements covering the matters referred to in
section 1 of this Rule shall be approved by the court. (sec. 4, cir.
38-98)

Non-appearance at pre-trial conference

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If the counsel for the accused or the prosecutor does not
appear at the pre-trial conference and does not offer an
acceptable excuse for his lack of cooperation, the court may
impose proper sanction of penalties. (sec.5, cir, 38-98)

Pre-trial order

After the pre-trial conference, the court shall issue an order


reciting the actions taken, the facts stipulated, and evidence
marked. Such order-shall bind the parties, limit the trial to matters
not disposed of, and control the course of the action during the
trial to matters not disposed of, and control the course of the
action during the trail, unless modified by the court to prevent
manifest injustice.

RULE 119 - TRIAL

Time to prepare for trial

After a plea of not guilty is entered, the accused shall have


at least fifteen (15) days to prepare for trial. The trial shall
commence within thirty (30) days from receipt of the pre-trial
order. (sec. 6, cir. 38-98)

Continuous trial until terminated; postponements

Trial once commenced shall continue from day to day as far


as practicable until terminated. It may be postponed for a
reasonable period of time for good cause.
The court shall, after consultation with the prosecutor and
defense counsel, set the case for continuous trial on a weekly or

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other shot-item trial calendar at the earliest possible time so as to
ensure speedy trial. In no case shall the entire trial period exceed
one hundred eighty (180) days from the fi4rst day of trial, except
as otherwise authorized by the Supreme Court. (sec. 8, cir.38-98).
The time limitations provided under this section and the
preceding section shall not apply where special laws of the
Supreme Court provide for a shorter period of trial.

Exclusions

The following periods of delay shall be exclude in computing


the time within which trial must commence:

(a) Any period of delay resulting from other proceedings


concerning the accused, including but not limited to the following:

 Delay resulting from an examination of the physical and


mental condition of the accused;
 Delay resulting from proceedings with respect to other
criminal charges against the accused;
 Delay resulting from extraordinary remedies against
interlocutory orders;
 Delay resulting from pre-trial proceedings; provided, that the
delay does not exceed thirty (30) days;
 Delay resulting from orders of inhibition, or proceedings
relating to change of venue of cases or transfer from other
courts;

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 Delay resulting from a finding of the existence of a
prejudicial question; and
 Delay reasonably attributable to any period, not to exceed
thirty (30) days, during which any proceeding concerning the
accused is actually under advisement.

(b) Any period of delay resulting from the absence or


unavailability of an essential witness.

For purposes of this subparagraph, an essential witness


shall be considered absent when his whereabouts are unknown
or his whereabouts cannot be determined by due diligence. He
shall be considered unavailable whenever his whereabouts are
known but his presence for trial cannot be obtained by due
diligence.

(c) Any period delay resulting from the mental incompetence


or physical inability of the accused to stand trial.

(d) If the information is dismissed upon motion of the


prosecution and thereafter to charge is filed against the accused
for the same offense, any period of delay from the date the
charge was dismissed to the date the time limitation would
commence to run as to the subsequent charge had there been no
previous charge.

(e) A reasonable period of delay when the accused is joined


for trial with a co-accused over whom the court has not acquired
jurisdiction, or, as to whom the time for trial ha not run and no
motion for separate trial has been granted.

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(f) Any period of delay resulting from a continuance granted
by any court motu proprio, or on motion of either the accused or
his counsel, or the prosecution, if the court granted the
continuance on the basis of its findings set forth in the order that
the ends of justice served by taking such action outweigh the best
interest of the public and the accused in a speedy trial. (sec. 9, cir.
38-98)

Factors for granting continuance

The following factors, among others, shall be considered by


a court in determining whether to grant a continuance under
section 3 (f) of this Rule.
(a) Whether or not the failure to grant a continuance in the
proceeding would likely make a continuation of such proceeding
impossible or result in a miscarriage of justice; and
(b) Whether or not the case taken as a whole is so novel,
unusual and complex, due to the number of accused or the nature
of the prosecution, or that it is unreasonable to expect adequate
preparation within the periods of time establish therein.
In addition, no continuance under section 3 (f) of this Rule
shall be granted because of congestion of the court’s calendar or
lack of diligent preparation or failure to obtain available witnesses
on the part of the prosecutor. (sec. 10, cir. 38-98)

Time limit following an order for new trial

If the accused is to be tried again pursuant to an order for a


new trial, the trial shall commence within thirty (30) days from
notice of the order, provided that if the period becomes impractical
due to unavailability of witnesses and other factors, the court may

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extend it but not to exceed one hundred eighty (180) days from
notice of said order of a new trial. (sec. 1, cir. 38-98)

Extended time limit

Notwithstanding the provisions of section 1 (g) Rule 116 and


the preceding section 1, for the first twelve-calendar-month period
following its effectivity on September 15, 1998, the time limit with
respect to the period from arraignment to trial imposed by said
provision shall be one hundred eighty (180) days. for the second
twelve-month period, the time limit shall be one hundred twenty
(120) days, and for the third twelve-month period, the time limit
shall be eighty (80) days. (sec. 7, cir. 38-98)

Public attorney’s duties where accused is imprisoned

If the public attorney assigned to defend a person charged


with a crime knows that the latter is preventively detained, either
because he is charged with a bailable crime but has no means to
post bail, or, is charge with a non-bailable crime, or, is serving a
term of imprisonment in any penal institution, it shall be his duty to
do the following:

(a) Shall promptly undertake to obtain the presence of the


prisoner for trial or cause a notice to served on the person having
custody of the prisoner requiring such person to so advise the
prisoner of his right to demand trial.
(b) Upon receipt of that notice, the custodian of the prisoner
shall promptly advise the prisoner of the charge and of his right to
demand trial. If at anytime thereafter the prisoner informs his

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custodian that he demands such trial, the latter shall cause notice
to that effect to be sent promptly to the public attorney.
(c) Upon receipt of such notice, the public attorney shall
promptly seek to obtain the presence of the prisoner for trial.
(d) When the custodian of the prisoner receives from the
public attorney a properly supported request for the availability of
the prisoner for purposes of trial, the prisoner shall be made
available accordingly. (sec. 12, cir. 38-98)

Sanctions

In any case in which private counsel for the accused, the


public attorney, or the prosecutor:

(a) Knowingly allows the case to be set for trial without


disclosing that a necessary witness would be unavailable for trial;
(b) Files a motion solely for delay which he knows is totally
frivolous and without merit;
(c) Makes a statement for the purpose of obtaining
continuance which he knows to be false and which is material tot
he granting of a continuance; or
(d) Willfully fails to proceed to trial without justification
consistent with the provisions hereof, the curt may punish such
counsel, attorney, or prosecutor, as follows:

(1) By imposing on a counsel privately retained in


connection with the defense of an accused, a fine not
exceeding twenty thousand pesos (20,000.00);
(2) By imposing on any appointed counsel de oficio,
public attorney, or prosecutor a fine not exceeding five
thousand pesos (P5,000.00); and

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(3) By denying any defense counsel or prosecutor the
right to practice before the court trying the case for a
period not exceeding thirty (30) days. The punishment
provided for by this section shall be without prejudice
to any appropriate criminal action or other sanction
authorized under these rules. (sec. 13, cir. 38-98)

Remedy where accused is not brought to trial within the


time limit

If the accused is not brought to trial within the time limit


required by Section 1 (g), Rule 116 and Section 1, as extended by
Section 7 of this rule, the information may be dismissed on motion
of the accused on the ground of denial of his right to speedy trial.
The accused shall have the burden of proving the motion but t he
prosecution shall have the burden of going forward with the
evidence to establish the exclusion of time under section 3 of this
Rule. The dismissal shall be subject to the rules on double
jeopardy.
Failure of the accused to move for dismissal prior to trial
shall constitute a waiver of the right to dismiss under this section.
(sec. 14, cir. 38-98)

Law on speedy trial not a bar to provision on speedy in the


Constitution

No provision of law on speedy trial and no rule implementing


the same shall be interpreted as a bar to any charge of denial of
the right to speedy trial guaranteed by section 14 (2), article III, of
the 1987 Constitution. (sec. 15, cir. 38-98)

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Order of trial

The trial shall proceed in the following order:

(a) The prosecution shall present evidence to prove the


charge and, in ht proper case, the civil liability.
(b) The accused may present evidence to prove his defense
and damages if any, arising from the issuance of a provisional
remedy in the case.
(c) The prosecution and the defense may, in that order,
present rebuttal and sur-rebuttal evidence unless the court, in
furtherance of justice, permits them to present additional evidence
bearing upon the main issue.
(d) Upon admission of the evidence of the parties, the case
shall be deemed submitted for decision unless the court directs
them to argue orally or to submit written memoranda.
(e) When the accused admits the act or omission charged in
the complaint or information but interposes a lawful defense, the
order of trial may be modified

Application for examination of witness for accused before


trial

When the accused has been held to answer for an offense,


he may, upon motion with notice to the other parties, have
witnesses conditionally examined in his behalf. The motion shall
state: (a) the name and residence of the witness; (b) the
substance of his testimony; and (c) that the witness is sick or
infirm as to afford reasonable ground for believing that he will not
be able to attend the trial, or resides more than one hundred (100)
kilometers from the place of trial and has no means to attend the

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same, or that other similar circumstances exist that would make
him unavailable or prevent him from attending the trial. The
motion shall be supported by an affidavit of the accused and such
other evidence as the court may require.

Examination of defense witness; how made

If the court is satisfied that the examination f a witness for


the accused is necessary, an order shall be made directing that
the witness be examined at a specific date, time and place and
that a copy of the order be served on the prosecutor at least three
(3) days before the schedule examination. the examination shall
be taken before a judge, or, if not practicable, a member of the
Bar in good standing so designated by the judge in the order, or if
the order be made by a court of superior jurisdiction, before an
inferior court to be designated therein. The examination shall
proceed notwithstanding the absence of the prosecutor provided
he was duly notified of the hearing. A written record of the
testimony shall be taken.

Bail to secure appearance of material witness

When the court is satisfied, upon proof or oath that a


material witness will not testify when required, it may, upon motion
of either party, order the witness to post bail in such sum as may
be deemed proper. Upon refusal to post bail, the court shall
commit him to prison until he complies or is legally discharged
after his testimony has been taken.

Examination of witness for the prosecution

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When it satisfactorily appears that a witness for the
prosecution is too sick or infirm to appear at the trial as directed
by the court, or has to leave the Philippines with no definite date
of returning, he may forthwith be conditionally examined before
the court where the case is pending. Such examination, in the
presence of the accused, or in his absence after reasonable
notice to attend the examination has been served on him, shall be
conducted in the same manner as an examination at the trial.
Failure or refusal of the accused to attend the examination after
notice shall be considered a waiver. The statement taken may be
admitted in behalf or against the accused.

Trial of several accused

When two or more accused are jointly charged with an


offense, they shall be tried jointly unless the court, in its discretion
and upon motion of the prosecutor or any accused, orders
separate trial for one or more accused.

Discharge of accused to be state witness

When two or more persons are jointly charged with the


commission of any offense, upon motion of the prosecution before
resting its case, the court may direct one or more of the accused
to be discharged with their consent so that they may be witnesses
for the state when, after requiring the prosecution to present
evidence and the sworn statement of each proposed state
witness at a hearing in support of the discharge, the court is
satisfied that:
(a) There is absolute necessity for the testimony of the
accused whose discharge is requested;

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(b) There is no other direct evidence available for the
proper prosecution of the offense committed, except the
testimony of said accused;
(c) The testimony of said accused can be substantially
corroborated in its material points;
(d) Said accused does not appear to be the most guilty; and
(e) Said accused has not at any time been convicted of any
offense involving moral turpitude.
Evidence adduced in support of the discharge shall
automatically form part of the trial. If the court denies the motion
for discharge of the accused as state witness, his sworn
statement shall be inadmissible in evidence.

Discharge of accused operates as acquittal

The order indicated in the preceding section shall amount to


an acquittal of the discharge accused and shall be a bar to future
prosecution for the same offense, unless the accused fails or
refuses to testify against his co-accused in accordance with his
sworn statement constituting the basis for his discharge.

When mistake has been made in charging the proper


offense

When it becomes manifest at any time before judgment that


a mistake has been made in charging the proper offense and the
accused cannot be convicted of the offense charged or any other
offense necessarily included therein, the accused shall not be
discharged if there appears good cause to detain him. In such
case, the court shall upon the filing of the proper information.

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Appointment of acting prosecutor

When a prosecutor, his assistant or deputy is disqualified to


act due to any of the grounds stated in section 1 of Rule 137 of for
any other reason, the judge or the prosecutor shall communicate
with the Secretary of Justice in order that the latter may appoint
an acting prosecutor.

Exclusion of the public

The judge may, motu proprio, exclude the pubic from the
courtroom if the evidence to be produced during the trial is
offensive to decency or public morals. He may also, on motion of
the accused, exclude the public from the trial except court
personnel and the counsel of the parties.

Demurrer to evidence

After the prosecution rests its case, the court may dismiss
the action on the ground of insufficiency of evidence (1) on its
own initiative after giving the prosecution the opportunity to be
heard or (2) upon demurrer to evidence filed by the accused with
or without leave of court.
If the court denies the demurrer to evidence filed with leave
of court, the accused may adduce evidence in his defense. When
the demurrer to evidence is filed without leave of court, the court
waives the right to present evidence and submits the case for
judgment on the basis of the evidence for the prosecution.
The motion for leave of court to file demurrer to evidence
shall specifically state its grounds and shall be filed within a non-
extendible period of five (5) days after the prosecution rests its

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case. The prosecution may oppose the motion within a non-
extendible period of five (5) days from its receipts.
If leave of court is granted, the accused shall file the
demurrer to evidence within a non-extendible period of ten (10)
days from notice. The prosecution may oppose the demurrer to
evidence within a similar period from its receipts.
The order denying the motion for leave of court to file
demurrer to evidence or the demurrer itself shall not be
reviewable by appeal or by certiorari before judgment.

Reopening

At anytime before finality of the judgment of conviction, the


judge may, motu proprio or upon motion, with hearing in either
case, reopens the proceedings to avoid a miscarriage of justice.
The proceeding shall be terminated within thirty (30) days from
the order granting it.

RULE 120 - JUDGMENT

Judgment: definition and form

Judgment is the adjudication by the court that the accused is


guilty or not guilty of the offense charged and the imposition on
him of the proper penalty and civil liability, if any. It must be written
in the official language, personally and directly prepared by the
judge and signed by him an shall contain clearly and distinctly a
statement of the facts and the law upon which it is based.

Content of the judgment

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If the judgment is of conviction, it shall state (1) the legal
qualification of the offense constituted by the acts committed by
the accused and the aggravating or mitigating circumstances
which attended its commission; (2) the participation of the
accused in the offense, whether as principal, accomplice, or
accessory after the fact; (3) the penalty imposed upon the
accused; and (4) the civil liability or damages caused by his
wrongful act or omission to be recovered from the accused by the
offended party, if there is any, unless the enforcement of the civil
liability by a separate civil action has been reserved or waived.

In case the judgment is of acquittal, it shall state whether the


evidence of the prosecution absolutely failed to prove the guilt for
the accused or merely failed to prove his guilty beyond
reasonable doubt. In either case, the judgment shall determine if
the act or omission from which the civil liability might arise did not
exist.

Judgment for two or more offense

When two or more offenses are charged in a single


complaint or information but the accused fails to object to it before
trial, the court may convict him of as many offenses as are
charged and proved, and impose on him the penalty for each
offense, setting out separately the findings of fact and law in each
offense.

Judgment in case of variance between allegation and proof

Where there is variance between the offense charged in the


complaint or information and that proved, and the offense as

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charged is included in or necessarily includes the offense proved,
the accused shall be convicted of the offense proved which is
included in the offense charged, or of the offense charged which
is included in the offense proved.

When an offense includes or is included in anther

An offense charged necessarily includes the offense proved


when some of the essential elements or ingredients of the former,
as alleged in the complaint or information, constitute the latter.
And an offense charged is necessarily included in the offense
proved, when the essential ingredients of the former constitute or
form part of those constituting the latter.

Promulgation of judgment

The judgment is promulgated by reading it in the presence


of the accused and any judge of the court in which it was
rendered. However, if the conviction is for a light offense, the
judgment may be pronounced in the presence of his counsel or
representative. When the judge is absent or outside the province
or city, the judgment may be promulgated by the clerk of court.
If the accused is confined or detained in another province or
city, the judgment may be promulgated by the executive judge of
the Regional Trial Court having jurisdiction over the place of
confinement or detention upon request of the court which
rendered the judgment. The court promulgating the judgment
shall have authority to accept the notice of appeal and to approve
the bail bond pending appeal; provided, that if the decision of the
trial court convicting the accused changed the nature of the

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offense from non-bailable to bailable, the application for bail can
only be filed and resolved by the appellate court.
The proper clerk of court shall give notice to the accused
personally or through his bondsman or warden and counsel,
requiring him to be present at the promulgation of the decision. If
the accused was tried in absentia because he jumped bail or
escaped from prison, the notice to him shall be served at his last
known address.
In case the accused fails to appear at the scheduled date of
promulgation of judgment despite notice, the promulgation shall
be made by recording the judgment in the criminal docket and
serving him a copy thereof at his last known address or thru
counsel.
If the judgment is for conviction and the failure of the
accused to appear was without justifiable cause, he shall lose the
remedies available in these rules against the judgment and the
court shall order his arrest. Within fifteen (15) days from
promulgation f judgment, however, the accused may surrender
and file a motion for leave of court to avail of these remedies. He
shall state the reasons for his absence at the scheduled
promulgation and if he proves that his absence was for a
justifiable cause, he shall be allowed to avail of said remedies
within fifteen (15) days from notice.

Modification of judgment

A judgment of conviction may, upon motion of the accused,


be modified or set aside before it becomes final or before appeal
is perfected. Except where the death penalty is imposed, a
judgment becomes final after the lapse of the period for perfecting
an appeal, or when the sentence has been partially or totally

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satisfied or served, or when the accused has waived in writing his
right to appeal, or has applied for probation.

Entry of judgment

After a judgment has become final, it shall be entered in


accordance with Rule 36.

Exiting provisions governing suspension of sentence,


probation and parole not affected by this Rule

Nothing in this Rule shall affect any existing provisions in the


laws governing suspension of sentence, probation or parole.

RULE 121 - NEW TIAL OR RECONSIDERATION

New trial or reconsideration

At any time before a judgment of conviction becomes final,


the court may, on motion of the accused or at its own instance but
with the consent of the accused, grant new trial or
reconsideration.

Grounds for a new trial

The court shall grant a new trial on any of the following


grounds:
(a) That errors of law or irregularities prejudicial to the
substantial rights of the accused have been committed during the
trial;

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(b) That new and material evidence has been discovered
which the accused could not with reasonable diligence have
discovered and produce at the trial and which if introduce and
admitted would probably change the judgment. (2a)

Ground for reconsideration

The court shall grand consideration on the ground of errors


of law or fact in the judgment, which requires no further
proceedings.

Form of motion and notice to the prosecutor

The motion for new trial or reconsideration shall be in writing


and shall state the grounds on which it is based. If based on
newly-discovered evidence, the motion must be supported by
affidavits copies of documents which are proposed to be
introduced in evidence. Notice of the motion for new trial or
reconsideration shall be given to the prosecutor.

Hearing on motion

Where a motion for new trial calls for resolution of any


question of fact, the court may hear evidence thereon by affidavits
or otherwise.

Effects of granting a new trial or reconsideration

The effects of granting a new trial or reconsideration are the


following:

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(a) When a new trial is granted on the ground of errors of
law or irregularities committed during the trial, all the proceedings
and evidence affected thereby shall be set aside and taken anew.
The court may, in the interest of justice, allow the introduction of
additional evidence.
(b) When a new trial is granted on the ground of newly-
discovered, the evidence already adduced shall stand and the
newly-discovered and such other evidence as the court may, in
the interest of justice, allow to be introduced shall be taken and
considered together with the evidence already in the record.
(c) In all cases, when the court grants new trial or
reconsideration, the original judgment shall be set aside or
vacated and a new judgment rendered accordingly.

RULE 122 - APPEAL

Who may appeal?

Any party may appeal from a judgment or final order, unless


the accused will be placed in double jeopardy.

Where to appeal?

The appeal may be taken as follows:


(a) To the Regional Trial Court, in cased decided by the
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal
Trial Court, or Municipal Circuit Trial Court;
(b) To the Court of Appeals or to the Supreme Court in the
proper cases provided by law, in cases decided by the Regional
Trial Court; and

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(d) To the Supreme Court, in cases decided by the Court
of Appeals.

How appeal is taken?

(a) The appeal to the Regional Trial Court, or to the Court of


Appeals in cases decided by the Regional Trial Court in the
exercise of its original jurisdiction, shall be taken by filing a notice
of appeal with the court which rendered the judgment or final
order appealed from and by serving a copy thereof upon the
adverse party.
(b) The appeal to the Court of Appeals in cases decided by
the Regional Trial Court in the exercise of its appellate jurisdiction
shall be by petition for review under Rule 42.
(c) The appeal to the Supreme Court in cases where the
penalty imposed by the Regional Trial Court is death, reclusion
perpetua, or life imprisonment, or where a lesser penalty is
imposed but for offenses committed on the same occasion or
which arose out of the same occurrence that gave rise to the
more serious offense for which the penalty of death, reclusion
perpetua, or life imprisonment is imposed, shall be by filing a
notice of appeal in accordance with paragraph (a) of this section.
(d) No notice of appeal is necessary in cases where the
death penalty is imposed by the Regional Trial Court. The same
shall be automatically reviewed by the Supreme Court as
provided in section 10 of this Rule.
(e) Except as provided in the last paragraph of section 13,
Rule 124, all other appeals to the Supreme Court shall be by
petition for review on certiorari under Rule 45.

Publication of notice of appeal

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If personal service of the copy of the notice of appeal can
not be made upon the adverse party or his counsel, service may
be done by registered mail or by substituted service pursuant to
sections 7 and 8 Rule 13.

Waiver of notice

The appellee may waive his right to a notice that an appeal


has been taken. The appellate court may, in its discretion,
entertain an appeal notwithstanding failure to give such notice if
the interest of justice so require.

When appeal is to be taken?

An appeal must be taken within fifteen (15) day from


promulgation of the judgment or from notice of the final order
appealed from. This period for perfecting an appeal shall be
suspended from the time a motion for new trial or reconsideration
is filed until notice of the order overruling the motion has been
served upon the accused or his counsel at which time the balance
of the period begins to run.

Transcribing and filing notes of stenographic reporter upon


appeal

When notice of appeal is filed by the accused, the trial court


shall direct the stenographic reporter to transcribe his notes of the
proceedings. When filed by the People of the Philippines, the trial
court shall direct the stenographic reporter to transcribe such
portion of his notes of the proceedings as the court, upon motion,

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shall specify in writing. The stenographic reporter shall certify to
the correctness of the notes and the transcript thereof, which shall
consist of the original and four copies, and shall file said original
and four copies with the clerk without unnecessary delay.
If death penalty is imposed, the stenographic reporter shall,
within thirty (30) days from promulgation of the sentence, file with
the clerk the original and four copies of the duly certified transcript
of his notes of the proceedings. No extension of time for filing of
said transcript of stenographic notes shall be granted except by
the Supreme Court and only justifiable grounds.

Transmission of papers to appellate court upon appeal

Within five(5) days from the filing of the notice of appeal, the
clerk of the court with whom the notice of appeal was filed must
transmit to the clerk of court of the appellate court the compete
record of the case, together with said notice. The original and
three copies of the transcript of stenographic notes, together with
the record, shall also be transmitted tot he clerk of the appellate
court without undue delay. The other copy of the transcript shall
remain in the lower court.

Appeal to the Regional Trial Court

(a) Within five (5) days from perfection of the appeal, the
clerk of curt shall transmit the original record to the appropriate
Regional Trial Court.
(b) Upon receipt of the complete record of the case,
transcripts and exhibits, the clerk of court of the Regional Trial
Court shall notify the parties of such fact.

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(c) Within the fifteen (15) days from receipt of said notice,
the parties may submit memoranda or briefs, or may be required
by the Regional Trial Court to do so. After the submission of such
memoranda or briefs, or upon the expiration of the period to file
the same, the Regional Trial Court shall decide the case on the
basis of the entire record of the case and of such memoranda or
briefs as may have been filed

Transmission of records in case of death penalty

In all cases where the death penalty is imposed by the trial


curt, the records shall be forwarded to the Supreme Court for
automatic review and judgment within five (5) days after the
fifteen (15) days following the promulgation of the judgment of
notice of denial of a motion for new trial or reconsideration. The
transcript shall also be forwarded within ten (10) days after the
filing thereof by the stenographic reporter.

Effect of appeal by any of several accused

(a) An appeal taken by one or more of several accused shall


not affect those who did not appeal, except insofar as the
judgment of the appellate court is favorable and applicable to the
latter.
(b) The appeal of the offended party from the civil aspect
shall not affect the criminal aspect of the judgment or order
appealed from.
(c) Upon perfection of the appeal, the execution of the
judgment or final order appealed from shall be stayed as to the
appealing party.

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Withdrawal of appeal

Notwithstanding perfection of the appeal, the Regional Trial


Court, metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court, or Municipal Circuit Trial Court, as the case
may be, may allow the appellant to withdraw his appeal before the
record has been forwarded by the clerk of court to the proper
appellate court as provided in section 8, in which case the
judgement shall become final. The Regional Trial Court may also,
in its discretion, allow the appellant from the judgment of a
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal
Trial Court, or Municipal Circuit Trial Court to withdraw his appeal,
provided a motion to that effect is filed before rendition of the
judgment in the case on appeal, in which case the judgment of
the court of origin shall become final and the case shall be
remanded to the latter court for execution of the judgment.

Appointment of counsel de oficio for accused on appeal

It shall be the duty of the clerk of court of the trial court,


upon filing of a notice of appeal, to ascertain from the appellant, if
confined in prison, whether he desires the Regional Trial Court,
Court of Appeals or the Supreme Court to appoint a counsel de
oficio to defend him and to transmit with the record on a form to
be prepared by the clerk of court of the appellate court, a
certificate of compliance with this duty and of the response of the
appellant to his inquiry.

RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL


COURTS

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Uniform Procedure

The procedure to be observed in the Metropolitan Trial


Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts
shall be the same as in the Regional Trial Courts, except where a
particular provision applies only to either of said courts and in
criminal cases governed by the Revised Rule on Summary
Procedure.

RULE 124 - PROCEDURE IN THE CURT OF APPEALS

Uniform Procedure

In all criminal cases appealed to the Court of Appeals, the


party appealing the case shall be called the “appellant” and the
adverse party the “appellee,” but the title of the case shall remain
as it was in the court of origin.

Appointment of counsel de oficio for the accused

If it appears from the record of the case as transmitted that


(a) the accused confined in prison, (b) is without counsel de parte
on appeal, or (c) has signed the notice of appeal himself, the clerk
of court of the Court of Appeals shall designate a counsel de
oficio.
An appellant who is not confined in prison may, upon
request, be assigned a counsel de oficio within ten (10) days from

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receipt of the notice to file brief and he establishes his right
thereto.

When brief for appellant to be filed

Within thirty (30) days from receipt by the appellant or his


counsel of the notice from the clerk of court of the Court of Appeal
that the evidence, oral and documentary, is already attached to
the record, the appellant shall file seven (7) copies of his brief with
the clerk of court which shall accompanied by proof of service of
two (2) copies thereof upon the appellee.

When brief for appellee to be filed; reply brief of the


appellant

Within thirty (30) days from receipt of the brief of the


appellant, the appellee shall file seven (7) copies of the brief of
the appellee with the clerk of court which shall be accompanied
by proof of service of two (2) copies thereof upon the appellant.
Within twenty (20) days from receipt of the brief of the
appellee, the appellant may file a reply brief traversing matters
raised in the former but not covered in the brief of the appellant.

Extension of time for filing briefs

Extension of time for the filing of briefs will not be allowed


except for good and sufficient cause and only if the motion for
extension is filed before the expiration of the time sought to be
extended.

Form of briefs

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Briefs shall be printed, encoded or typewritten in double
space on legal size good quality unglazed paper, 30 mm. in length
by 216 mm. in width.

Contents of brief

The briefs in criminal cases shall have the same contents as


provided in section 13 and 14 of Rule 44. A certified true copy of
the decision or final order appealed from shall be appended to the
brief of the appellant. (7a)

Dismissal of appeal for abandonment of failure to


prosecute

The Court of Appeals may, upon motion of the appellee or


motu proprio and with notice to the appellant in either case,
dismiss the appeal if the appellant fails to file his brief within the
time prescribed by this Rule, except where the appellant is
represented by a counsel de oficio.

The Court of Appeals may also upon motion of the appellee


or motu proprio, dismiss the appeal if the appellant escapes from
prison or confinement, jumps, bail of flees to a foreign country
during the pendency of the appeal.

Prompt disposition of appeals

Appeals of accused who are under detention shall be given


precedence in their disposition over other appeals. The Court of
Appeals shall hear and decide the appeal at the earliest

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practicable time with due regard to the rights of the parties. The
accused need not be present in court during the hearing of the
appeal.

Judgment not to be reversed or modified except for


substantial error

No judgment shall be reversed or modified unless the Court


of Appeals, after and examination of the record and of the
evidence adduced by the parties, is off the opinion that error was
committed which injuriously affected the substantial rights of the
appellant.

Scope of judgment

The Court of Appeals may reverse, affirm, or modify the


judgment and increase or reduce the penalty imposed by the trial
court, remand the case to the Regional Trial Court for new trial or
retrial, or dismiss the case.

Power to receive evidence

The Court of Appeals shall have the power to try cases and
conduct hearings, receive evidence and perform any and all acts
necessary to resolve factual issues raised in cases (a) falling
within its original jurisdiction, (b) involving claims for damages
arising from provisional remedies, or (c) where the court grants a
new trial based only on the ground of newly – discovered
evidence.

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Quorum of the court; certification or appeal of cases to
Supreme Court

Three (3) Justices of the Court of Appeals shall constitute a


quorum of the sessions of a division. The unanimous vote of the
three (3) Justices of a division shall be necessary for the
pronouncement of a judgment or final resolution, which shall be
reached in consultation before the writing of the opinion by a
member of the division. In the event that t he three (3 Justices can
not reach a unanimous vote, the Presiding Justice shall direct the
raffle committee of the Court to designate two (2) additional
Justices to sit temporarily with them, forming a special division of
five (5) members and the concurrence of a majority of such
division shall be necessary for the pronouncement of a judgment
or final resolution. The designation of such additional Justices
shall be made strictly by raffle and rotation among all other
Justices of the Court of Appeals.

Whenever the Court of Appeals finds that the penalty of


death, reclusion perpetua, or life imprisonment should be imposed
in a case, the court after discussion of the evidence and the law
involved shall render judgment imposing the penalty of death,
reclusion perpetua, or life imprisonment as the circumstances
warrant. However, it shall refrain from entering the judgment and
forthwith certify the case and elevate the entire record thereof to
the Supreme Court for review.

Motion for new trial

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At any time after the appeal from the lower court has been
perfected and before the judgment of the Court of Appeals
convicting the appellant becomes final, the latter may move for a
new trial on the ground of newly-discovered evidence material to
his defense. The motion shall conform to the provision of section
4, Rule 121. (14a)

Where new trial conducted

When a new trial is granted, the Court of Appeals may


conduct the hearing and receive evidence as provided in section
12 of this Rule or refer the trial to the court of origin.

Reconsideration

A motion for reconsideration shall be filed within fifteen (15)


days from notice of the decision or final order of the Court of
Appeals, with copies thereof served upon the adverse party,
setting forth the grounds in support thereof. The mittimus shall be
stayed during the pendency of the motion for reconsideration. No
party shall be allowed a second motion for reconsideration of a
judgment or final order.

Judgment transmitted and filed in trial court

When the entry of judgment of the Court of Appeals is


issued, a certified true copy of the judgment shall be attached to

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the original record which shall be remanded to the clerk of the
court whom from which the appeal was taken.

Application of certain rules in civil procedure to criminal


cases

The provisions of Rules 42, 44 to 46 and 48 to 56 relating to


procedure in the Court of Appeals and in the Supreme Court in
original and appealed civil cases shall be applied to criminal
cases insofar as they are applicable and not inconsistent with the
provisions of this Rule.

RULE 125 - PROCEDURE IN THE SUPREME COURT

Uniform procedure

Unless otherwise provided by the Constitution or by law, the


procedure in the Supreme Court in Original and in appealed
cases shall be the same as in the Court of Appeal.

Review of decisions of the Court of Appeals

The procedure for the review by the Supreme Court of


decisions in criminal cases rendered by the Court of Appeals shall
be the same as in civil cases.

Decision if opinion is equally divided

When the Supreme Court en banc is equally divided in


opinion or the necessary majority cannot be had on whether to
acquit the appellant, the case shall again be deliberated upon and

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if no decision is reached after re-deliberation, the judgment of
conviction of the lower court shall be reverse and the accused
acquitted.

RULE 126 - SEARCH AND SEIZURE


Search warrant defined – A search warrant is an order in
writing issued in the name of the People of the Philippines, signed
by a judge and directed to peace officer, commanding him to
search for personal property described therein and bring it before
the court.
Court where application for search warrant shall be filed
An application for search warrant shall be filed with the
following:
1. Any court within whose territorial jurisdiction a crime was
committed.
2. For compelling reasons stated in the application, any
court within the judicial region where the crime was
committed if the place of the commission of the crime is
known, or any court within the judicial region where the
warrant shall be enforce.

However, if the criminal action has already been filed, the


application shall only be made in the court where the criminal
action is pending.

Personal property to be seized

A search warrant may be issued for the search and seizure of


personal property:

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(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of
the offense, or
(c)Used or intended to be used as the means of committing
an offense.

Requisites for issuing search warrant

A search warrant shall not issue except upon probable


cause in connection with one specific offense to be determined
personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce,
and particularly describing the place to be searched and the
things to be seized which may be any wherein the Philippine

Examination of complainant; record

The judgment, before issuing the warrant, personally


examine in the form of searching questions and answers, in
writing and under oath, the complainant and the witnesses he
may produce on facts personally known to them and attach to the
record their sworn statements, together with the affidavits
submitted. (4a)

Issuance and form of search warrant

If the judge is satisfied of the existence of facts upon which


the application is based or that there is probable cause to believe
that they exist, he shall issue the warrant, which must be
substantially in the form prescribed by these Rules.

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Right to bread door or window to effect search

The officer, if refused admittance to the place of directed


search after giving notice of his purpose and authority, break open
any outer or inner door or window of a house or any part of a
house or anything therein to execute the warrant or liberate
himself or any person lawfully aiding him when unlawfully
detained therein.

Search of house, room, or premises to be made in


presence of two witnesses

No search of a house, room, or any other premises shall be


made except in the presence of the lawful occupant thereof or any
member of his family or in the absence of the latter, two witnesses
of sufficient age and discretion residing in the same locality.

Time making search

The warrant must direct that it be served in the day time,


unless the affidavit asserts that the property is on the person or in
the place ordered to be search, in which case a direction may be
inserted that it be served at any time of the day or night.

Validity of search warrant

A search warrant shall be valid for ten (10) days from its
date. Thereafter, it shall be void.

Receipt for the property seized

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The officer seizing property under the warrant must give a
detailed receipt for the same to the lawful occupant of the
premises in whose presence the search and seizure were made,
or in the absence of such occupant, must, in the presence of at
least two witnesses of sufficient age and discretion residing in the
same locality, leave a receipt in the place in which he found the
seized property.

Delivery of property and inventory thereof to court; return


and proceedings thereon

(a) The officer must forthwith deliver the property seized to


the judge who issued the warrant, together with a true inventory
thereof duly verified under oath.
(b) Ten (10) days after issuance of the search warrant, the
issuing judge shall ascertain if the return has been made, and if
none, shall summon the person to whom the warrant was issued
and require him to explain why no return was made. If the return
has been made, the judge shall ascertain whether section 11 of
this Rule has been complied with and shall require that the
property seized be delivered to him. The judge shall see to it that
subsection (a) hereof has been complied with.
(c) The return on the search warrant shall be filed and kept
by the custodian of the log book on search warrants who shall
enter therein the date of the return, the result, and other actions of
the judge.

A violation of this section shall constitute contempt of court.

Search incident to lawful arrest

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A person lawfully arrested may be searched for dangerous
weapon or anything which may have been used or constitute
proof in the commission of an offense without a search warrant.

Motion to quash a search warrant or to suppress evidence;


where to file

A motion to quash a search warrant and/or to suppress


evidence obtained thereby may be filed in and acted upon only by
the court where the action has been instituted. If no criminal
action has been instituted, the motion may be filed in and
resolved by the court that issued the search warrant. However, if
such court failed to resolve the motion and a criminal case is
subsequently filed in anther court, the motion shall be resolved by
the latter court.

RULE 127 - PROVISIONAL REMEDIES IN CRIMINAL


CASES

Availability of provisional remedies

The provisional remedies in civil actions, insofar as they are


applicable, may be availed of in connection with the civil action
deemed instituted with the criminal action.

Attachment

When the civil action is properly instituted in the criminal


action as provided in Rule 111, the offended party may have the
property of the accused attached as security for the satisfaction of

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any judgment that may be recovered from the accused in the
following cases:
(a) When the accused is about to abscond from the
Philippines;
(b) When the criminal action is based on a claim for
money or property embezzled or fraudulently misapplied or
converted to the use of the accused who is a public officer, officer
of a corporation, attorney, factor, broker, agent or clerk, in the
course of his employment as such, or by any other person in a
fiduciary capacity, or for a willful violation of duty;
(c)When the accused has concealed, removed, or disposed
of his property, or is
about to do so, and
(d) When the accused resides outside the Philippines.

…oΩo…

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CRIMINAL EVIDENCE

WHAT IS EVIDENCE?

Evidence is the means, sanctioned by the Revised Rules of


Court, of ascertaining to a judicial proceeding the truth respecting
a matter of fact (Sec. 1, Rule 128)

DEFINE THE FOLLOWING TERM:

Rule of Evidence - Material Evidence - Relevant Evidence -


Competent Evidence - Direct and circumstantial evidence -
Primary or best or secondary evidence - Positive and negative
evidence - Export evidence - Cumulative evidence - Corroborative
evidence - Rebutting evidence - Prima facie evidence -
Conclusive evidence - Real evidence - Testimonial evidence

Rule of Evidence – expresses the mode of manner of


proving the facts and circumstances upon which the party relies to
establish the fact in dispute (Ruporto Martin, Rules of Court in the
Philippines. Vol. V. citing 20 Am. Jur. 34, p. 1)

Material evidence – tends to prove the fact in issue as that


issue is determined by the rules of substantive law and pleadings
(Jaime R. Nuevas, Remedial Law Reviewer, 1971 Ed., citing
Wigmore, Student’s Ed., p. 530)

Relevant evidence – evidence is relevant when it has a


tendency in reason to establish the probability or improbability if a

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fact in issue. (Vicente Francisco, The Revised Rules of Court in
the Philippines, 1990 Ed., citing 1 Elliot on Evidence, p. 5)

Competent evidence – not excluded by law in a particular


case (Bautista vs. Aparece, (CA ), 51 O.G. 805 )

Direct and circumstantial evidence – direct evidence


proves the fact in dispute without the aid of any inference or
presumption., while circumstantial evidence is the proof of a fact
or facts from which, taken either singly or collectively, the
existence of the particular fact in dispute may be inferred as a
necessary or probable consequence (5 Moran, Remedial Law
Review, p. 2)

Primary or best and secondary evidence – primary or


best evidence is that which the law regards as affording the
greatest certainty of the fact in question, while secondary
evidence is that which is inferior to the primary evidence and is
permitted by the law only when the best evidence is not available
( 5 Moran, op. cit., p. 3 )

Positive and negative evidence – evidence is positive


when the witness affirms that a fact did or did not occur, and
negative when the witness states he did not see or know of the
occurrence of a fact (People vs. Ramos, L-30420, Sept. 22, 1971)

Expert evidence – given by one possessing in regard to a


particular subject or department of human activity knowledge
does not usually acquired by other persons (U.S. vs. Gil, 13 Phil.
530)

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Cumulative evidence – evidence of the same kind and
character as that already given, and tends to prove the same
proposition (Francisco, Ibid., citing Gardner vs. Gardner, 2 Gray
(Mass. 434), p. 5)

Corroborative evidence – additional evidence of different


kind and character, tending to prove the same [point (Francisco,
supra, citing Wyne vs. Newman, 75, Va., 811, 817, p. 4)

Rebutting evidence – evidence given to repel, counteract


or disprove facts proved by the other side ( Nuevas, citing State
vs. Silva, 21 Ida. 247, p. 531 )

Prima facie evidence – evidence which suffices for the


proof of a fact in issue until rebutted or overcome by other
evidence (Nuevas, citing Cal. Code of Civil Procedure, Sec. 1833,
p. 531)

Conclusive evidence – evidence which is inconvertible


(Nuevas, citing Wood vs. Chapin, 13 NY 509)

Real evidence – object (real) evidence is that which is


addressed to the senses of the tribunal, as where objects are
presented for the inspection of the court ( Franciso, citing 1
Jones on Evidence, 2nd ed., Sec. 16, p. 9 0)

Testimonial evidence – testimony given to the court of


deposition by one who has observed that to which he is testifying;
or one who, though who has not observed the facts, is
nevertheless qualified to give an opinion relative to the fact
( Francisco, citing Gilbert, Law Summaries of Evidence, p. 9 )

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WHERE ARE OUR RULES OF EVIDENCE FOUND?

Our entire rule s of evidence have been incorporated in the


Revised Rules of Court

DISTINGUISH EVIDENCE FROM PROOF

Evidence is the means of proof: proof is the effect of


evidence, the establishment of as fact by evidence. Proof results
as a probative effect of evidence and is the conviction or
persuasion of mind resulting from a consideration of the evidence
(Jaime R. Nuevas, Remedial Law Reviewer, 1971 Ed., p. 531)

WHAT IS THE SCOPE OF THE RULES OR LAW OF


EVIDENCE?

The law of evidence deals with the rules to be followed in


presenting a matter of fact to a court for its use in the judicial
investigation. (1) it prescribes the manner of presenting the
evidence personally by one who knows the thing, the subject to
cross-examination, or by means of a preposition (2) it fixes the
qualification and the privileges of witnesses, and the mode of
examining them (3) and chiefly, it determines, as among probative
matter, what classes of things shall not be received (Ruperto
Martin, Rules of Courts in the Philippines, Vol. V, 1978 Ed., pp. 1-
2)

WHAT IS THE OBJECT OF THE LAW OF EVIDENCE?

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The object of the law of evidence is to have a specific
inquiry of the truth to establish the truth by the use of the
perceptive and reasoning faculties (Martin, supra., p. 2)

DISTINGUISH FACTUM PROBANDUM FROM FACTUM


PROBANS

Factum probandum is the ultimate fact or the fact to be


established; factum probans is the evidentiary fact, or the fact by
which the factum probandum is to be established ( Nuevas, citing
Wigmore 5-9, p. 531-532 )

ARE THE RULES OF EVIDENCE THE SAME, IN


CRIMINAL AS WELL AS IN CIVIL CASES?

Yes, the rules of evidence shall be the same in all courts and
in all trials and hearings except as otherwise provided by law or
these rules (Sec. 2, Rule 128)

WHEN IS EVIDENCE ADMISSIBLE?

Evidence is admissible when it is relevant to the issue and is


not excluded by the law or these rules (Sec. 3, Rule 128)

WHAT ARE THE REQUISITES OF ADMISSIBILITY OF


EVIDENCE?

In order that the evidence may be admissible, two requisites


must concur, namely:
a. that is relevant to the issue; and

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b. that is competent. That is, that it does not belong to the
class of evidence which is excluded by the law or Rules
of Evidence ( Vicente Francisco, The Revised Rules of
Court in the Philippines, Vol. VII, 1990 Ed., p. 19 )

WHEN IS EVIDENCE RELEVANT?

Evidence to be relevant must throw light upon, or have


logical relation to the facts in issues to be established by one
party or disproved by the other ( Ruperto G. Martin, Rules of
Court in the Philippines, Vol. V., 1987 ed., citing 20 Am. Jur. 240,
p. 9 )

WHEN IS EVIDENCE COMPETENT?

Evidence is competent when it is not excluded by any of the


rules of evidence such as when it is hearsay or because it is not
best evidence which is within the power of a party to produce.
Evidence must not only be logically relevant, but must be of such
character as to be receivable in courts of justice ( Ruperto G.
Martin, Ibid., citing Gilbert Law Summaries on Evidence, p. 3 )

IS EVIDENCE ILLEGALLY OBTAINED ADMISSIBLE?


WHY?

Evidence illegally obtains is admissible, the reason being


that exclusion of such kind of evidence is the only practical way of
enforcing the constitutional right against unreasonable search and
seizure ( Stonehill vs. Diokno, L-19550, June 19, 1967 )

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WHAT ARE THE TWO AXIOMS OF ADMISSIBILITY WHICH
UNDERLIE THE ENTIRE STRUCTURE OF THE LAW OF
EVIDENCE?

The following: none but facts having rational probative value


are admissible, which is the axiom on relevancy; and all facts
having rational probative value are admissible, unless some
specific rule forbids, which is the axiom on competency ( Nuevas,
citing 1 Wigmore 289-95, p. 532 )

WHAT ARE THE THREE KINDS OR CLASSES OF


ADMISSIBILITY OF EVIDENCE?

They are:
a. multiple admissibility;
b. conditional admissibility;
c. curative admissibility

WHAT IS MEANT BY MULTIPLE ADMISSIBILITY OF


EVIDENCE?

This means evidence which is [plainly relevant and competent


for two or more purposes. When this happens, such evidence will
be received if it satisfies all the requirements prescribed by law in
order that it may be admissible for the purpose for which it is
presented, even if it does not satisfy the other requisites for its
admissibility for other purposes (People vs. Yatco. 97 Phil. 940)

WHAT IS MEANT BY CONDITIONAL ADMISSIBILITY OF


EVIDENCE?

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It means that the evidence which appear to be material is
admitted by the court subject to the condition that its connection
to other facts subsequently to be proved will be established
(People vs. Yatco. Supra)

WHAT IS MEANT BY CURATIVE ADMISSIBILITY OF


EVIDENCE?

This means that evidence, otherwise improper is admitted to


contradict improper evidence introduce by the other party (Jaime
R. Nuevas, Remedial Law reviewer, 1971 ed., A & J Publishing
citing Wigmore 304-09, p. 533)

STATE THE RULE OF RELEVANCY OF EVIDENCE

Evidence must have such a relation to the fact in issue as to


induce belief in its existence or non-existence. Evidence on
collateral matter shall not be allowed, except when it tends in any
reasonable degree to establish the probability or improbability of
the fact of issue (Sec. 4, Rule 128)

WHAT IS THE PURPOSE OF THE RULE ON RELEVANCY?

The purpose of the rule on relevancy is to restrict the field of


inquiry to its proper scope and to prevent the issues of becoming
beclouded. It also aims to prevent surprise on the litigant, or the
subjection to the party to the necessity of meeting the evidence
that is possibly prejudicial and of which he has no means of
anticipating (Martin, p. 15 citing 2 Jones on Evidence, 2 nd Ed.,
1086, 1087)

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WHAT ARE COLLATERAL MATTERS?

Collateral matters are those other than the facts in issue and
which are offered as a basis for inference as to existence of the
facts in issue (Sec. 4, Rule 129)

WHEN MAY THE COURT ALLOW EVIDENCE ON


COLLATERAL MATTERS?

Evidence on collateral matters shall not be allowed, except


when it tends in any reasonable degree to establish the
probability or improbability of the fact in issue (Sec. 4, Rule 128 )

GIVE THE CONCEPT OF (1) PROSPECTANT


COLLATERAL MATTERS; (2) CONCOMITANT
COLLATERAL MATTERS; (3) RETROSPECTANT
COLLATERAL MATTERS

a. Prospectant collateral matters are those preceding of


the fact in issue but pointing forward to it, like moral
character, motive; conspiracy, etc.
b. Concomitant collateral matters are matters are those
accompanying the fact in issue and pointing to it, like alibi,
or opportunity and incompatibility;
c. Retrospectant collateral matters are those succeeding
the fact in issue but pointing forward to it, like flight and
concealment, behavior of the accused upon being arrested;
finger prints or foot prints; articles left at the scene of the
crime which may identify the culprit ( Judge Ed Vincent S.
Albano, Remedial Law Reviewer 1st Ed. 1995, Rex Book
Store, p. 888 citing 1 Wigmore 442-43 )

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WHAT IS THE BASIS OF THE RULES OF EVIDENCE?

The basis upon which all rules of evidence must rest, if they
are to rest upon reason, is their adaptation to the successful
development of the truth; and the rule of evidence at one time
though necessary to the ascertainment of truth should yield to the
experience has clearly demonstrate the fallacy or unwisdom of
the old rule (Nuevas Remedial Law Reviewer, 1971 Ed., A & J
Publishing, p. 534 citing Funk vs. U.S., 290 U.S. 391)

DEFINE JUDICIAL NOTICE

Judicial notice is the cognizance of certain facts which judges


may properly take and act on without proof because they already
know them. It means no more than that the court will bring to its
aid and consider, without proof of the facts, its knowledge of those
matter of public concern which are known by all well-informed
persons ( Martin, Revised Rules of Evidence, 1985 Ed.,
Premium Book Store, p. 3 citing C.J.S. 509 )

WHAT IS THE FUNCTION OF JUDICIAL NOTICE?

It displaces evidence since, as it stands for proof, it fulfills the


object which evidence is designed to fulfill and make evidence
unnecessary. (Nuevas, Ibid., p. 535 citing State vs. Main, 69 Conn
123)

STATE THE PRINCIPLE ON WHICH JUDICIAL NOTICE IS


BASED?

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The doctrine of judicial notice is based upon obvious reasons
of convenience and expediency and operated to have trouble,
expense and time which would be lost in establishing, in the
ordinary way, facts which do not admit of contradiction (Nuevas,
Ibid., p. 535 citing 20 Am., Jur. 47; Tracy’s Handbook, 62 ed., p.
44)

WHEN IS JUDICIAL NOTICE MANDATORY?

A court shall take judicial notice without the introduction of


evidence, of the existence and territorial extent of states, their
political history, forms of government and symbols of nationality,
the law of nations, the admiralty and maritime courts of the world
and their seals, the political constitution and history of the
Philippines, the official acts of legislative, executive and judicial
departments of the Philippines, the laws of nature, the measure of
time and the geographical divisions ( Sec. 1, Rule 129, Revised
Rules on Evidence )

WHAT ARE THE REQUISITES OF JUDICIAL NOTICE?

Generally speaking, matters of judicial notice have three material


requisites, namely:
d. the matter be common and general knowledge;
e. the matter must be well and authoritatively settled
and not doubtful or uncertain; and
f. the matter must be known to be within the limits of
jurisdiction of the court ( Martin, Ibid. p. 35 citing 1 Jones on
Evidence, 2nd ed., 643; 20 Am. Jur. 48 )

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WHEN IS JUDICIAL NOTICE DISCRETIONARY?

A court may take judicial notice of matters which are of


public knowledge, or are capable of unquestionable
demonstration, or ought to be known to judges because of their
judicial functions (Sec. 2, Rule 129 )

WHEN IS HEARING NECESSARY IN JUDICIAL NOTICE?

During the trial, the court, on its own initiative, or on request


of the party, may announce its intention to take judicial notice of
any matter and allow the parties to be heard thereon

After the trial, and before judgment or on appeal, the proper


court. On its own initiative or request of a party, may take judicial
notice of any matter and allow the parties to be heard thereon if
such matter is decisive of a material issue in the case (Sec. 3,
Rule 129 )

IS THERE ANY NEED TO PROVE ADMISSIONS IN THE


COURT OF PROCEEDING IN COURT?

An admission, verbal or written, made by a party in the


course of the proceedings in the same case, does not require
proof ( Sec. 4, Rule 129 )

HOW MAY AN ADMISSION BE CONTRADICTED?

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Through admission may be contradicted only by showing
that it was made through palpable mistake or that no such
admission was made ( Sec. 4, Rule 129 )

WHAT ARE THE OBJECTS AS EVIDENCE?

Objects as evidenced are those addressed to the senses of


the court. When an object is relevant to the fact in issue, it mat be
exhibited to, examined or viewed by the court ( Sec. 1, Rule 130 )

WHAT IS THE PRO BATIVE VALUE OF OBJECT AS


EVIDENCE?

Proof which is addressed directly to the senses of the court


is a most convincing and satisfactory class of proof (Martin, p. 57
citing 20 Am. Jur.) object evidence is usually the most trustworthy
type of evidence (Martin, citing Gilbert Law Summaries on
Evidence, p. 1)

WHAT ARE THE LIMITATIONS TO THE ADMISSIBILITY OF


OBJECT EVIDENCE?

The following:
c. the evidence must e relevant; ( Sec. 1, Rule 130 )

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d. indecent or improper objects should be excluded,
unless the same is necessary for ascertaining the truth;
( Brown vs. Swineford, 28 Am. Rep. 582 )
e. repulsive objects should also be excluded if not
absolutely necessary for the administration of justice
(Knowless vs. Crampton, 55 Conn. 366 )

WHAT IS THE SCOPE OB OBJECT OF EVIDENCE?

It is the best and the highest form of proof (Gentry vs.


Mominiss, 3 Dana, Ky. 382 )

WHAT IS THE PRE-REQUISITE FOR THE ADMISSION OF


THE OBJECT EVIDENCE?

The object must be first identified, which means that it must


be shown, by independent evidence, that the object offered is the
thing in dispute ( People vs. Besold, 154 Cal. 363)

WHAT ARE DOCUMENTS AS EVIDENCE?

Documents as evidence consists of writings or any material


containing letters, words, numbers, figures, symbols or other
modes of written expressions offered as proof of their contents
( Sec. 2, Rule 130 )

STATE THE BEST EVIDENCE RULE

When the subject of inquiry is the contents of a document,


no evidence shall be admissible other than the original document
itself (Sec. 3, Rule 130 )

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THE RULE IS THAT, NO EVIDENCE SHALL BE
ADMISSIBLE OTHER THEN THE DOCUMENTS ITSELF,
ARE THERE EXCEPTION?

Yes, in the following cases:


a. when the original has been lost or destroy, or cannot be
produced in court, without bad faith on the part of the offeror;
b. when the original is in the custody or under the control of
the party against whom the evidence is offered, and the latter fails
to produce it after reasonable notice;
c. when the original consists of numerous accounts or other
documents which cannot be examined in court without great loss
of time and fact sought to be established from them is only the
general result of the whole; and
d. when the original is a public record in the custody of a
public officer or is recorded in a public office ( Sec. 3, Rule 130 )

WHAT ARE CONSIDERED ORIGINALS OF A DOCUMENT?

The following:
a. the original of a document is one of the contents of which
are the subject of inquiry
b. when a document is in two or more copies executed at or
about the same time, with identical contents, all such copies are
equally regarded as originals
c. when an entry is repeated in a regular course of business,
one being copied from another at or near the time of transaction,
all the entries are likewise equally regarded as originals ( Sec. 4,
Rule 130 )

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HOW MAY THE ORIGINAL OF A LOST OR DESTROYED
DOCUMENT BE PROVED?

When the original document has been lost or destroyed, or


cannot be produced in court, the offeror, upon proof of its
execution or existence and the cause of its unavailability without
bad faith on its part, may prove its contents by a copy or by a
recital of its contents in some authentic documents, or by the
testimony of witness in the order stated ( Sec. 5, Rule 130 )

WHEN MAY SECONDARY EVIDENCE BE SHOWN IF THE


ORIGINAL OF A DOCUMENT IS IN THE POCESSION OF
THE ADVERSE PARTY?

If the document is in the custody or under the control of the


adverse party he must have a reasonable notice to produce it. If
after such notice and after satisfactory proof of its existence, he
fails to produce that document secondary evidence may be
presented as in the case of its lost ( Sec. 6, Rule 130 )

HOW MAY A PUBLIC DOCUMENT BE PROVED?

When the original of a document is in the custody of a public


officer and is recorded in a public office, its contents may be
proved by a certified copy issued by the public office in custody
thereof ( Sec. 7, Rule 130 )

IS THE PARTY WHO CALLS FOR THE PRODUCTION OF


A DOCUMENT BOUND TO OFFER IT IN EVIDENCE?

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No. A party who calls for the production of a document and
inspects the same is not obliged to offer it as evidence

WHAT IS PAROL EVIDENCE?

Parol evidence literally means oral or verbal testimony of a


witness ( Ballentine’s Law Dict.., 2nd Ed., p. 932 ) However, in the
application of the rule, it has been extended to writings other than
the complete written agreement of the parties ( Phil. Sugar
Estates Dev. Co. vs. Gov’t of P.I. 247 U.S. 385; Woodhous vs.
Halili, 93 Phil. 526 ) Another term for parol evidence is intrinsic
evidence or evidence aliunde ( Uy Coque vs. Sioca, 43 Phil.
405 )

STATE THE RULE WHEN THE TERMS OF AGREEMENT


ARE PUT TO WRITING

When the terms of an agreement have been reduced to


writing, it is considered as containing all the terms agreed upon
and there can be, between the parties and their successors in
interest, no evidence of such terms other than the contents of the
written agreement ( Sec. 9, Rule 130 )

UNDER WHAT CIRCUMSTANCES MAY A PARTY


PRESENT EVIDENCE TO MODIFY, EXPLAIN OR ADD TO
THE TERMS OF THE WRITTEN EVIDENCE?

A party may present evidence to modify, explain or add to


the terms of the written agreement if he puts in issue in his
pleading;

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a. an intrinsic ambiguity mistake, or imperfection in the
written agreement;
b. the failure of the written agreement to express the true
intent and agreement of the parties thereto;
c. the validity of written agreement;
d. the existence of other terms agreed to by the parties or
their successors in interest after the execution of the written
agreement

The term “agreement “includes wills (Sec. 9, Rule 130 )

HOW SHALL THE LANGUAGE OF WRITING BE


INTERPRETED?

The language of writing is to be interpreted according to the


legal meaning; it bears in the place of execution, unless the
parties intended otherwise (Sec. 10, Rule 130)

GIVE SOME RULES IN THE INTERPRETATION OF


DOCUMENTS

1. In the construction of an instrument where there are


several provision of particulars, such a construction is, if
possible, to be adopted as will give effect to all ( Sec. 11,
Rule 130 )
2. In the construction of an instrument, the intention of the
parties is to be pursued and when a general and a
particular provision are inconsistent, the latter is
paramount to the former. So a particular intent will control
a general one that is inconsistent with it (Sec.12, Rule
130)

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3. For the proper construction of an instrument, the
circumstances under which it was made, including the
situation of the subject thereof and of the parties to it,
may be shown, so that the judge may be place in the
position of those whose language he is to interpret ( Sec.
13, Rule 130 )
4. The terms of writing are presumed to have been used in
their primary and general acceptation, but evidence is
admissible to show that they have local, technical, or
otherwise peculiar signification, and were so used and
understood in the particular instance, in which case the
agreement must be constructed accordingly ( Sec. 14,
Rule 130 )
5. When an instrument consists partly of written words and
partly of a printed form, and the two are inconsistent, the
former controls the latter ( Sec. 15, Rule 130 )
6. When the character in which the instruments are difficult
to be deciphered, or the language is not understood by
the court, the evidence of persons skilled in deciphering
the character, or who understand the language is
admissible to declare the characters or the meaning of
the language ( Sec. 16, Rule 130 )
7. When the terms of an agreement have been intended in a
different sense by the different parties to it, that sense is
to prevail against either party in which he supposed the
other understood it, and when different constructions of a
provision are otherwise equally proper, that is to be taken
which the most favorable to the party in whose favor the
provision was made ( Sec. 17, Rule 130 )
8. When an instrument is equally susceptible of two
interpretations, one in favor of natural right and the other

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against it, the former is to be adopted ( Sec. 18, Rule 130
)
9. An instrument may be construed according to usage, in
order to determine its true character ( Sec. 19, Rule 130 )

WHO ARE COMPETENT TO BE WITNESSES?

All persons who can perceive, and perceiving can make


known their perception to others, may be witnesses
Neither religious or political belief, interest in the outcome of
the case, or conviction of a crime unless otherwise provided by
law, shall not be a ground for disqualification.(Sec. 20, Rule 130 )

WHO MAY NOT BE A WITNESS BY REASON OF MENTAL


INCAPACITY OR IMMATURITY?

The following persons cannot be witnesses:

a. those whose mental condition, at the time of there


production for examination, is such that they are incapable of
intelligently making known their perception to others; and
b. children whose mental maturity is such to render them
incapable of perceiving the facts respecting which they are
examined and of relating them truthfully ( sec. 21, rule 130 )

WHEN ARE INSANE PERSONS ICOMPETENT TO


TESTIFY?

What renders insane persons incompetent to testify is their


insanity “ at the time of their production “ Insanity at the time of
the occurrence on which as witness is called upon to testify

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merely affects his credibility, not his competency ( Moran,
Remedial Law Reviewer, p. 578 )

WHAT DEGREE OF INSANITY DISQUALIFIES A PERSON


FROM TESTIFYING?

A person is incompetent to testify if he is insane to such


degree as to be incapable of perceiving and making known his
perception to others. (Moran, ibid., p. 578 citing State v. Meyers,
46 Nebr. 152)

IS A DEAF AND DUMB PERSON COMPETENT TO


TESTIFY?

A deaf and dumb person may testify in any manner


satisfactory to the court, as by writing or signs through an
interpreter. (People vs. De Leon 50 Phil. 539) If he testifies by
signs, there must be an interpreter with whom he may have an
understanding by such means (Territory vs. Duran 3 N.M. 189)
Otherwise he cannot testify (People vs. Bustos, 51 Phil. 385)

IS THE INTOXICATED PERSON COMPETENT TO


TESTIFY?

Drunkenness does not pursue disqualify a witness from


testifying. The port of Pennsylvania said on this matter: “The point
of inquiry is the moment of examination. Is the witness then
offered so besotted in his understanding as to be deprived of his
intelligence? If he is, excluded him; even if he be a hard drinker or
habitual drunkard yet, if at that time, he is sober, and possessed

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of a sound mind, he is to be perceived. “(Gebhar vs. Shindle, 15
Serg. & R. (Pa 283)

IS A PERSON UNDER THE INFLUENCE OF OPIUM OR


OTHER DRUGS, COMPETENT TO TESTIFY?

If the witness at the time of his examination, is so intoxicated


by opium or other drugs that he is deprived of his mental powers
to such a degree as to be capable of making known his
perceptions, he is disqualified from testifying. Otherwise, he is
competent

HOW CAN THE COMPETENCY OF AN INFANT BE


DETERMINED?

It is a doctrine laid down in modern decisions that the test of


an infant’s competency to testify is his capacity to receive just
impressions truly. If he possesses the necessary mental capacity
to that effect and comprehends the obligation of an oath, he is a
competent witness (Moran, Ibid., p. 579 citing Wheeler vs. U.S.
523)

WHO ARE DISQUALIFIED TO BE WITNESS BY REASON


OF MARRIAGE?

During their marriage, neither the husband nor the wife may
testify for or against the other without the consent of the affected
spouse, except in a civil case by one against the other or the
latter’s direct descendants or ascendants ( Sec. 22, Rule 130 )

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WHAT IS THE REASON FOR THE RULE
FORBIDDING ONE SPOUSE TO TESTIFY FOR OR
AGAINST THE OTHER?

The rule forbidding one spouse to testify or against the other


is based on principles which are deemed important to preserve
the marriage relation as one of full confidence and affection, and
that this is regarded as more important in public welfare than that
the exigencies of the lawsuits should authorize domestic peace to
be disregarded for the sake of ferreting out some fact within the
knowledge of strangers ( U.S. vs. Concepcion, 31 Phil 182 )

WHAT ARE THE REQUISITES OF THE RULE OF


FORBIDDING ONE SPOUSE TO TESTIFY FOR OR
AGAINST THE OTHER?

There are three:


a. that the spouse for or against whom the testimony of the
other is offered, is a party to the case;
b. that the spouse are legally married; and
c. that the case is not by one against the other ( Moran,
Remedial Law Reviewer, p. 584 )

IN ONE CASE, THE DEFENDANT, WHO WAS


ACCUSEDOF KILLING HIS SON TESTIFIED IN HIS OWN
BEHALF DID NOT LIMIT HIMSELF TO DENYING THAT HE
WAS A KILLER BUT WENT FURTHER AND IMPUTED THE
CRIME TO HIS WIFE. MAY THE WIFE BE ALLOWED TO
TESTIFY IN REBUTTAL AGAINST THE HUSBAND’S
CONSENT?

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Yes. In giving such testimony, the husband must, in all
fairness, be held to have intended all its natural and necessary
consequences. By his said act, the husband – himself exercising
the very right which he would deny to his wife upon the ground of
their marital relations – must be taken to have waived all
objections to the latter’s testimony upon rebuttal, even
considering that such object would have been available at the
outset. (People vs. Francisco, 78 Phil 694)

WHO ARE QUALIFIED TO BE WITNESS BY REASON OF


DEATH OR INSANITY OF ADVERSE PARTY?

Parties or assignors of parties to a case, or persons in


whose behalf a case is prosecuted, against an executor or
administrator or other representative of a deceased person, or
against a person of unsound mind, upon a claim or demand
against the estate of such deceased person or against such
person of unsound mind, cannot testify as to any matter of fact
occurring before the death of such diseased person or before
such person became of unsound mind. (Sec. 23, Rule 130)

WHO MAY NOT BE A WITNESS AS TO MATTERS


LEARNED IN CONFIDENCE?

The following persons cannot testify as to matters learned in


confidence in the following cases:

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a. the husband or the wife, during or after the marriage,
cannot be examined without the consent of the other as to any
communication receive in confidence by one from the other during
the marriage except in a civil case by one against the other, or in
the criminal case for a crime committed by one against the other
or the latter’s direct descendants or ascendants;
b. an attorney cannot, without the consent of his client, be
examined as to any communication made by the client to him, or
his advice given thereon in the course of, or with a view to,
professional employment, nor can an attorney’s secretary,
stenographer, or clerk be examined, without the consent of the
client and his employer, concerning any fact the knowledge of
which has been acquiring in such capacity;
c. a person authorized to practice medicine, surgery or
obstetrics.

WHO MAY NOT BE A WITNESS AS TO MATTERS


LEARNED IN CONFIDENCE?

The following persons cannot testify as to matters learned in


confidence in the following cases:

a. The husband of the wife, during or after the marriage,


cannot be examined without the consent of the other as to any
communication received in confidence by one from the other
during the marriage except in a civil case by one against the
other, or in criminal case for a crime committed by one against the
other or the latter’s direct descendants or ascendants;

b. An attorney cannot, without the consent of his client, be


examined as to any communication made by client to him, or his

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advice given thereon in the course of, or with a view to,
professional employment, nor can an attorney’s secretary,
stenographer, or clerk be examined, without the consent of the
client and his employer, concerning any fact the knowledge of
which has been acquired in such capacity;

c. A person authorized to practice medicine, surgery or


obstetrics cannot in a civil case, without the consent of the
patient, be examined as to any advice or treatment given by him
or any information which he may have acquired in attending such
patient in a professional capacity, which information was
necessary to enable him to act in that capacity, and which would
blacken the reputation of the patient.

d. A minister or priest cannot, without the consent of the


person making the confession made to or any advice given by
him in his professional character in the course of discipline
enjoined by the church to which the minister or priest belongs;

e. A public officer cannot be examined during his term of


office or afterwards, as to communications made to him in official
confidence, when the courts find that the public interest would
suffer by the disclosure. (Sec., Rule 130)

GIVE THE REQUISITES OF THE RULE ON MARITAL


COMMUNICATIONS

a. The spouses are legally married;


b. The communication, oral or written, is made during the
marriage;.
c. The communication is confidential. (Nuevas, Ibid., p. 559)

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WHAT IS THE REASON FOR THIS PRIVELEGE?

The reason is to preserve the peace of families and maintain


the sacred institution of marriage. (Nuevas, Ibid., p. 559 citing
Mever svs. State, 40 Fla. 216).

MAY THE PRIVILEGE BE WAIVED AND IF SO, HOW AND BY


WHOM?

The privilege is claimable by the spouse not called as a


witness, so that it is waivable only by him or her; and it is waivable
by any act of such spouse which might be considered as an
express or implied consent to the disclosure of the
communication. (Neuvas, Ibid., citing People vs. Hayes, 140 N.Y.
484).

GIVE THE REQUISITES OF THE PRIVILEGE OF ATTORNEY


AND CLIENT

The following:
a) There must be a relation of attorney and client;
b) There must be a communication by the client to the
attorney, or advice thereon given by the latter to the
former;
c) The communication or advice must have been given
confidentially;
d) The communication must have been made in the course
of professional employment.

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WHAT IS THE REASON FOR THIS PRIVILEGE?

The reason is to promote the confidence of the people in


attorneys for their work is essential to the administration of justice
and to encourage the freedom of consultation of lawyers for
clients. (Nuevas, Ibid., p. 561 citing Fosters vs. Hall, 12 Pick 89;
Alexander vs. U.S., 138 U.S. 353)

MAY THE LAWYER BE COMPELLED TO TESTIFY ON


COMMUNICATIOS MADE TO HIM AS TO A FUTURE
CRIME OR WRONG? WHY?

YES, because those communications are not covered by the


privilege for the reason that a lawyer is not supposed to be
consulted on a future crime or wrong. (Matthews vs. Hoaglang, 21
Atl. 1054)

MAY A LAWYER BE COMPELLED TO TESTIFY ON


COMMUNICATIONS MADE TO HIM AS TO A PAST CRIME
OR WRONG? WHY?

NO, for those communications are protect by the privilege.


(Alexander vs. U.S., 138 U.S. 353)

WHAT IS THE DURATION OF THIS PRIVILEGE?

Its duration is forever. (Carter vs. West, 93 Ky. 211)

GIVE THE EXCEPTION TO THE APPLICATION OF THIS


PRIVILEGE AND REASON THEREFOR.

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This privilege does not apply to an action filed by the lawyer
against his client, and this exception is for the protection of the
lawyer. (Hunt vs. Blackburn, 128 U.S. 464)

GIVE THE REQUISITES OF THE PRIVILEGE OF


PHYSICIAN AND PATIENT.

The following:

a) That the privilege is claimed in a civil case;


b) That the person against whom the privilege is claimed, is
one duly authorized to practice medicine, surgery or
obstetrics;
c) That such person acquired the information while he was
attending the patient in his professional capacity, which
information was necessary to enable him to act in that
capacity; and
d) That the information was confidential, and if disclosed,
shall tend to blacken the character of the patient.

IS THE PRIVILEGE OF COMUNICATIONS BETWEEN


PHYSICIAN AND PATIENT APPLICABLE IN CRIMINAL
CASES?

In criminal cases, the privilege does not apply.

WHAT IS THE REASON FOR THIS PRIVILEGE?

The reason is to facilitate and make safe, full and


confidential disclosure by patient to physician of all symptoms,

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untrammeled by apprehension of their subsequent and enforced
disclosure and publication on the witness stand. (Nuevas, Ibid.,
562 citing Will of Bruendl, 102 Wis. 47)

WHEN IS THERE PROFESSIONAL EMPLOYMENT OF A


PHYSICIAN?

There is such employment of a physician when he is called


for the purpose of treatment, whether curative, preventive or
palliative. (Smart vs. Kansas City, 208 Mo. 162) There is no
professional employment when a physician is consulted for an
unlawful purpose, like the procuring of an abortion. (Nuevas, Ibd.,
p. 563 citing Seifert vs. State, 67 N.E. 100)

WHAT IS THE SCOPE OF THIS PRIVILEGE?

The privilege applies not only to the testimony of the


physician on the stand, but also to affidavits, certificates,
prescription, and hospital records. (Krap vs. Metropolitan Life Ins.
Co., 143 Mich. 309)

GIVE THE REQUISITES OF THE PRIVILEGE OF PRIEST


AND PENITENT.

The following:

a) There must be a priest and a penitent;


b) There must be a confession;
c) The confession must have been given to the priest in his
professional capacity; and

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d) The confession must have been made in the course of
discipline enjoined by the church to which the penitent
belongs.

WHAT IS THE REASON FOR THE PRIVILEGE?

The reason is to preserve the sanctity of the confessional


institution. (People’s vs. Philipps, 1 West L.J. 109)

GIVE THE REQUISITES OF THE PRIVILEGE OF A


PUBLIC OFFICER.

The following:

a) There must be a confidential official communication;


b) The communication must have been made to a public
officer; and
c) The disclosure of the communication would affect public
interest.

WHAT IS THE PURPOSE OF THEPRIVILEGE?

The privilege is intended not for the protection of public


officers, but for the protection of public interest. (Morn, Ibid., p.
599 citing Vogel vs. Gruaz, 110 U.S. 311)

WHAT IS THE DURATION OF THE PRIVILEGE?

The public officer is privileged not to testify to official secrets,


not only during his term of office, but also afterwards. The law,

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therefore, intends that secrecy be permanent. (Moran, Ibid., p.
509)

IS A DESCENDANT DISQUALIFIED TO TESTIFY, IN A


CRIMINAL CASE, AGAINST HIS PARENTS OR HIS
ASCENDANTS?

A descendant is not disqualified to testify against his parents


and descendants. The rules provides that “No person may be
compelled to testify against his parents, other direct ascendants,
children or other direct descendants.” (Sec. 25, Rule 130)

WHAT IS AN ADMISSION?

The act, declaration or omission of a party as to a relevant


fact may be given in evidence against him. (Sec. 26, Rule 130)

AGAINST WHOM ARE ADMISSION RECEIVABLE?

Admissions are receivable against the party who made


them, but not in his favor, because then they would be self-
serving evidence (5 Moran, Comments, p. 212, 1963 Ed.)

DEFINE SELF-SERVING EVIDENCE AND STATE IF IT IS


ADMISSIBLE. WHY?

Self-serving evidence is an admission favorable to the party


making it. (Lichauco vs. Atlantic Gulf, etc., 84 Phil. 330). It is not
admissible in evidence because of its hearsay character, and for
the further reason that a man may be safely believed if he

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declares against his own interest, but not if he advocates his
interest. (Lichauco vs. Atlantic Gulf, etc., supra).

CLASSIFY ADMISSIONS

Admissions are generally divided into two classes:

1. Judicial or those made on the record, or in connection


with the judicial proceeding in which it is offered;
2. Extra-judicial, or those made elsewhere, irrespective of
time, place, or to whom made. (Martin, Revised Rules on
Evidence, p. 209 citing The Chamberlayne Trial
Evidence, p. 42)

DISTINGUISH ADMISSION FROM A CONFESSION

Admission operates equally in both civil and criminal cases


and with the same effect, while confession is an admission by the
person accused of having committed the act of which he is
accused. “It pertakes largely of the nature of an offer to
compromise with the criminal authorities. (Martin, Ibid., p 210
citing The Chamberlayen Trial Evidence, p. 441).

STATE THE RULE ON OFFER OF COMPROMISE.

In civil cases, an offer of compromise is not an admission of


any liability, and is not admissible in evidence against the offeror.
In criminal cases, except those involving quasi-offenses
(criminal negligence) or those allowed by law to be compromised,
an offer of compromise by the accused may be received in
evidence as an implied admission of guilt.

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A plea of guilty later withdrawn, or an unaccepted offer of a
lea of guilty to a lesser offense, is not admissible in evidence
against the accused who made the plea or offer. (Sec. 27, Rule
130).

GIVE THE EFFECTS OF AN OFFER TO COMPROMISE.

It depends on whether the offer is made in a civil or criminal


case.
It made in a civil case, it is not an admission that anything is
due and, therefore, not admissible in evidence. (Obejera vs. Iga
Sy, 76 Phil. 580)
If made in a criminal case, it is an implied admission of guilt
and, therefore, admissible in evidence, unless those involving
quasi-offense(criminal negligence) or those allowed by laws to be
compromised. (Sec. 27, Rule 130).

DEFINE COMPROMISE

A compromise is a contract whereby the parties, by making


reciprocal concessions, avoid a litigation or put an end tone
already commenced. (Art. 2028, Civil Code of the Philippines)

WHAT CONSTITUTE AN OFFER OF COMPROMISE?

It is often difficult to determine in a particular case what


amounts to an ordinary admission and what constitutes an offer of
compromise. The intention of the parties must be the guide in
each case. If the proposal is tentative, and any statement made
in connection with it is hypothetical – if the offer was made to “buy
peace” and in contemplation of mutual concessions, it is as to

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such point a mere offer of compromise. On the other hand, if the
intention is apparently a liability recognized as such, the proposal
is an ordinary admission. (Martin, Revised Rules on Evidence,
1985 Ed., p. 220 citing 31- A C.J.S. 728-729)

STATE THE RULE OF RES INTER ALIOS ACTA AND THE


EXCEPTIONS.

The rights of a party cannot be prejudiced by an act,


declaration, or omission of another (Sec. 28, Rule 130) except
when between the party making the admission and the party
against whom the admission is offered, the relation of (a)
partnership, (b) agency, (c) joint interest, (d) conspiracy or (e)
privity exists. (Secs. 29 to 33, Rule 130).

GIVE THE REASON FOR THE RULE OF RES INTER


ALIOS ACTA

On the principle good faith and mutual convenience, a


man’s acts, conduct and declarations are binding upon him and,
therefore, evidence, against him. Yet, it does not only seem
inconvenient, but also manifestly, unjust, that a man should be
bound by the acts of strangers, neither can their acts or conduct
be used as evidence against him. (Nuevas, Ibid, p. 568 citing
Stack on Evidence, 35d., pp. 58-59)

WHEN MAY THE ACT OR DECLARATION OF CO-


PARTNER OR AGENT BE ADMISSIBLE AS EVIDENCE
AGAINST HIS PRINCIPAL?

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The act or declaration of a partner or agent of the party
within the scoop of his authority and during the existence of the
partnership or agency, may be given in evidence of the
partnership or agency, against such party after the partnership or
agency is shown by evidence other than such act or declaration.
The same rule applies to the act or declaration of a joint owner,
joint debtor, or other person jointly interested with the party.
(Sec. 29, Rule 130).

WHEN MAY AN ADMISSION OF A PARTNER BE


RECEIVED IN EVIDENCE AGAINST HIS CO-PARTNER?

When the following requisites occur:


1. The partnership must be established by independent
evidence;
2. The statement refers to a matter within the scope of the
partnership; and
3. The statement was made during the existence of the
partnership. (Sec. 29, Rule 130).

WHEN MAY THE ADMISSION OF AN AGENT BE


RECEIVED IN EVIDENCE AGAINST HIS PRINCIPAL?

When the following requisites concur:


1. The agency must be established by independent
evidence;
2. The statement refers to a matter within the scope of the
agency; and
3. The statement was made during the existence of the
agency. (Nuevas, Ibid., p. 569 citing Hitchman Coal etc.
vs. Mithcell, 245 U.S. 229)

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STATE THE RULE ON ADMISSION BY CONSPIRACTOR?

The act or declaration of a conspiractor relating to the


conspiracy and during its existence, may be given in evidence
against the co-conspirator after the conspiracy is shown by
evidence other than such act or declaration. (Sec. 30, Rule 130).

WHEN IS THE ADMISSION OF A CONSPIRACTOR


RECEIVABLE IN EVIDENCE AGAINST HIS CO-
CONSPIRACTOR?

When the following requisites concur:


a) The conspiracy must be established by independent
evidence;
b) The statement refers to the purpose or object of the
conspiracy: and
c) The statement was made during the existence of the
conspiracy. (Sec. 30, Rule 130); People vs. Dacanay, 92
Phil. 873)

This rule refers to extrajudicial acts and declarations of a


conspiractor, and not to his testimony as a witness at the trial.
(People vs. Dacanay, supra).

GIVE THE RULE ON ADMISSION BY PRIVIES.

Where one derives title to property from another, the act,


declaration, or omission of the latter, while holding the title, in
relation to the property, is evidence against the former. (Sec. 31,
rule 130).

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DEFINE PRIVIES.

The word “privies” denotes not only the idea of succession


in right of heirship or testamentary legacy, but also succession by
virtue of acts intervivos, as by assignment, subrogation, or
purchase – in fact any act whereby the successor is substituted in
the place of the predecessor in interest. (Alpuerto vs. Pastor &
Roa, 38 Phil. 785).

GIVE THE RULE ON ADMISSION BY SILENCE, THE


REASON THEREFORE, AND THE EXCEPTION, IS ANY.

An act or declaration made in the presence and within the


hearing or observation of a party who does or say nothing when
the act or declaration is such as naturally to call for action or
comment if not true, and when proper and possible for him to do
so, may be given in evidence against him. (Sec. 32, Rule 130).
This rule applies to both civil and criminal cases. The reason is
the recognized rule that if a man remains silent when he ought to
speak, he will be debarred from speaking later. Qui tacet
consentire videtur or silent means consent. (Gabriel vs. Baens,
56 Phil. 314)

The exceptions to this rule are the following:

1. Where no good reason exists for the party to comment on


the act or declaration as when the act or declaration was not
specifically directed to the party who remained silent (80
A.L.R., Anno., 1272)

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2. When the party had no opportunity to comment on the act or
declaration; (People vs. Ranario, 49 Phil. 220)
3. Where the act or declaration was made in the course of an
official investigation; (U.S. vs Dela Cruz 12 Phil. 87)

WHAT IS THE BASIS OF THE RULE ON ADMISSION BY


SILENCE?

The basis of such rule is that the natural reaction of one


accused of the commission of a crime or of the implication therein
is to deny the accusation if it is unjust or unfounded. (Martin,
Revised Rules on Evidence, p. 252 citing Mathews vs. State, 55
Ala, 187, 28 Ann. Rep. 698)

DEFINE CONFESSION

The declaration of an accused acknowledging his guilt of the


offense charged or of any offence necessarily included therein,
may be given in evidence against him. (Sec. 33, Rule 130).

DISTINGUISH CONFESSION FROM ADMISSION

A confession as distinguished from an admission is a


declaration made at any time by a person voluntarily, without
compulsion or inducement, stating or acknowledging that he has
committed or participated in the commission of a crime. The term
admission on the other hand is usually applied in criminal cases
to statements of fact by the accused which do not directly involve
an acknowledgement of the guilt of the accused or of criminal
intent to commit the offense with which he is charged. (U.S. vs.
Corraled, 28 Phil. 362; U.S. vs. Razon & Tayag, 37 Phil. 856)

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CLASSIFY CONFESSIONA AND DEFINE EACH

A confession may be judicial or extra-judicial. A judicial


confessions is that made in the trial court in the due course of
legal proceedings, whereas an extra-judicial confession is that
made elsewhere, either in a prior trial, in the preliminary
investigation, or out of court to any person. (Nuevas, Ibid., p. 571
citing Underhill on Criminal Evidence, p. 241).

WHEN IS A CONFESSION ADMISSIBLE?

A confession is admissible when it is voluntary. (People vs.


Pulido, 85 Phil. 695)

WHEN MAY A CONFESSION BE REJECTED? WHY?

A confession may be rejected when the following requisites


concur:

1. The confession is involuntary; and


2. The confession is false (People vs. Villanueva, 98 Phi.
327; People vs. De Los Santos, 93 Phil. 83)
3. The reason for the rule is that what the law abhors is
compelling an accused, by means of force, violence, or
intimidation, to tell a falsehood, and not compelling him
by the same means to tell the truth. (People vs. Prias, L-
13767, July 30, 1960) So that, even if a confession is
involuntary, if it is proved or turns out to be true, the same
is admissible. (Ibid).

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IN ORDER TO RENDER A CONFESSION INVOLUNTARY
ON THE GROUND OF FORCE AND VIOLENCE, IS IT
REQUIRED THAT IT BE DIRECTLY EMPLOYED UPON
THE PERSON OF THE ACCUSED? WHY?

No, because it is enough that the force or violence were


employed upon the person of his co-accused, in his presence and
within his observation, such that he had reasonable grounds to
believe that he would suffer the same maltreatment. (U.S. vs.
Baluyot, 1 Phil. 451)

WHEN IS THREAT SUFFICIENT TORENDER A


CONFESSION INVOLUNTARY?

It must be a threat of bodily harm or injury and accompanied


by overt acts showing determination to carry out the threat.
(People vs. Cabrera, 82 Phil 839).

WHEN IS A PROMISE OF REWARD OR LENIENCY


SUFFICIENT TO RENDER A CONFESSION
INVOLUNTARY?

It must be a promise of immunity from or leniency in the


criminal prosecution and made by a person who is in a position to
grant the same. (People vs. Hernandez, 91 Phil. 334)

AGAINST WHOM IS A CONFESSION ADMISSIBLE?


WHY? GIVE THE EXCEPTIONS, IF ANY.

A confession is admissible only against the accused who


made it and not against his co-accused, for, as against the latter,

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the confession would be hearsay and res inter alios acta (People
vs. Talledo, 85 Phil. 533)

The exceptions to this rule are the following:

a) When the confession of an accused implicating his co-


accused is made judicially at a joint trial; (U.S. vs.
Macamay, 36 Phil 893)
b) When the offer in evidence of an extra judicial confession
against a co-accused is not objected to; (People vs. Atienza,
83 Phil 576)
c) When the co-accused against whom an extra-judicial
confession is offered had, by his acts, conduct and
declarations, adopted the confession as his own; (People
vs. Atienza, supra)
d) Where several accused, without collusion, made extra
judicial confessions which are identical in essential details
and corroborated by other evidence, each confession is
admissible against the others; (People vs. Go, 88 Phil. 203)
e) The confession of a conspirator is admissible against his co-
conspirators provided it was made during the existence of
the conspiracy; (People vs. Ramirez, L-5875), May 15,
1953)
f) When the recitals in the extra judicial confession of an
accused are corroborated in its important details by other
proofs in the record, it may be admitted against the other
accused. (People vs. Villanueva, L12687, July 31, 1962)

WHAT IS THE EFFECT OF AN EXTRA JUDICIAL


CONFESSION OF A THIRD PERSON TENDING TO
EXCULPATE AN ACUSED?

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Unless such confession can be considered as part of the res
gestae, it cannot be received in favor of the accused for the
reason that the same is hearsay. (People vs. Catalino, L-25403,
March 15, 1968) Besides, the court before which said extra-
judicial confession is offered has ample power to determine its
credibility, and the court may discard the same if it finds the
confession in inherently improbable. (Ibid)

WHAT IS THE PROBATIVE VALUE OF A CONFESSION?

It depends on whether the confession is judicial or


extrajudicial.
A judicial confession, like a plea of guilty, is in law and in fact
evidence of guilt of the most trustworthy kind, is conclusive upon
the court and is sufficient to sustain a judgment of conviction.
(People vs. Lastimoso, 83 Phil. 714)
A extrajudicial confession is not sufficient for conviction
unless corroborated by evidence of corpus delicti. (People vs.
Mananla, L – 13142, Jan. 30, 1959)

STATE THE RULE ON SIMILAR ACTS AS EVIDENCE

Evidence that one did or did not do a certain thing at one


time is not admissible to prove that he did or did not do the same
or a similar thing at another time; but it may be received to prove
a specific intent or knowledge, identity, plan, system, scheme,
habit, custom or usage, and the like. (Section 34, Rule 130).

WHAT IS THE REASON FOR THE RULE ON SIMILAR


ACTS AS EVIDENCE?

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To admit the proof of crimes other that the particular one
with the accused is charged would be unfair to the accused. It will
compel the defendant to meet the charges of which the indictment
gives him no information, confuses him in his defense, raises a
variety of issue, and thus diverts the attention of the court from
the charge immediately before it. In fact it would be allowing
evidence of collateral offenses as substantive evidence of the
offense on trial (Martin, Revised Rules on Evidence, p. 290 citing
20 Am. Jur. 288-289

GIVE THE RULE ONUNACEPTED OFFER.

An offer in writing to pay a particular sum of money to


deliver a written instrument or specific personal property is, if
rejected without valid cause, equivalent to the actual production
and tender of the money, instrument, or property. (Sec. 35, Rule
130)

IN GENERAL, TO WHAT FACTS MAY A WITNESS


TESTIFY?

A witness can testify only to those facts which he knows of


his personal knowledge; that is, which are derived from his own
perception, exception as otherwise provided in these rules. (Sec.
36, Rule 130)

WHAT IS HEARSAY EVIDENCE?

Hearsay evidence is that which derives its value, not solely


from the credit to be given to the witness upon the stand, but in

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part from the veracity and competency of some other person.
(Clement vs. Packer, 125 U.S. 309) It is not limited to oral
testimony; it also includes writings. (Nuevas, Ibid., p. 576 citing
20 Am. Jur. 400)?

IS HEARSAY EVIDENCE ADMISSIBLE? WHY?

Hearsay evidence is not admissible because it knows of his


own knowledge a witness can testify only on facts which he
knows of his own knowledge (Sec. 36, rule 130); and,
furthermore, to preserve the right of parties ot cross-examine the
original witness or person claiming to have knowledge of the
transaction or occurrence. (People vs. Pagkaliwagan, 76 Phil.
457) The right to cross-examine the adverse party’s witnesses is
essential in the administration of justice for it is the only means of
testing the credibility of witnesses and their testimony, and this
right is not available in respect of hearsay evidence since the
declarant is not in court. (Nuevas, Ibid., p. 576 citing Donnelly vs.
United States, 228 U.S. 243)

GIVE THE EXCEPTIONS TO THE HEARSAY RULE.

The following:

a) Dying declaration;
b) Declaration against interest;
c) Act or declaration about pedigree;
d) Family reputation or tradition regarding pedigree;
e) Common reputation;
f) Part of the res gestae;
g) Entries in the course of business;

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h) Entries in official records;
i) Commercial lists and the like;
j) Learned treatises; and
k) Testimony or disposition at a former proceeding.

GIVE THE RULE ON DYING DECLARATION

The declaration of a dying person, made under the


consciousness of an impending death, may be received in any
case wherein his death is the subject of inquiry, as evidence of
the cause and surrounding circumstances of such death. (Sec.
37, Rule 130, Revised Rules on Evidence)

WHEN IS DYING DECLARATION ADMISSIBLE?

When the following requisites concur:


a) The declaration refers to the cause and surrounding
circumstances of the declarant’s death;
b) The declaration was made under consciousness of
impending death;
c) The declaration is offered in a criminal case wherein the
subject of inquiry is the declarant’s death. (Sec. 37, Rule
130; People vs. Sagrario, L-18659, June 29, 1965)

WHAT IS A DYING DECLARATION?

A dying declaration is that made by a person at the point of


death, concerning the case and circumstances of the injury from
which he thereafter dies. (Moran, Remedial Law Review, p. 619)

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WHY IS A DYING DECLARATIN ADMISSIBLE? DISCUSS
BRIEFLY.

A dying declaration is admissible on two grounds, namely,


(a) necessity and (b) trustworthiness. Necessity, because the
declarants’s death makes it impossible to obtain his testimony is
the best evidence of the crime. (U.S. vs. Virrey, 37 Phil. 618)
Trustworthiness, because it is made at the point of death, a
situation so solemn and awful as creating an obligation equal to
that created by a positive oath administered in a court of justice.
(U.S. vs. Gil, 13 Phil. 530)

WHAT IS THE PROBATIVE VALUE OF A DYING


DECLARATION?

It must be received with utmost care and given the same


weight as the testimony of a living witness. (People vs.
Almendralejo, 48 Phil. 268)

IS IT NECESSARY THAT THE DECLARANT STATE


EXPLICITY THAT HE HAD GIVEN HOE OF LIVING?

No. it is not necessary to the validity or admissibility of a


declaration that the declarant expressly state that he has lost all
hope of recovery; it is sufficient that the circumstances are such to
lead inevitably to the conclusion that at the time the declaration
was made, the declarant did not expect to survive the injury from
which he actually died. (Peole vs. Serrano, 58 Phil. 669)

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IS THE INSTANTEOUS DEATH OF DECLARANT SHOULD
FOLLOW IMEDIATELY AFTER MAKING HIS DYING
DECLARATION?

No. The force of dying declaration is not affected by the


circumstances that the declarant did not die until many hours or
days afterwards provided he finally did die from the wound, whose
gravity did not diminish from the time he made his declaration
until the hour of his death. (Ruperto Martin, Revised Rules on
Evidence, Vol. IV, Premium Book Store, 1989 Ed., pp. 311-312
citing Moore vs. State, 96 Ten. 209 and U.S. vs. Mallari, 29 Phil.
14)

WHAT IS THE EFFECT OF RECOVERY OF DECLARANT


FATAL WOUND INFLICTED UPON HIM ON THE
ADMISSIBILITY OF DYING DECLARATION?

The admissibility of the dying declaration of a deceased


person with respect to the person who inflicted the fatal injury
depends upon whether at the time the declaration was made the
deceased believed that the injury receive would be fatal. The
circumstances that he thereafter recovered sufficiently to
engender the belief that he was going to live, does not render the
declaration inadmissible, where death in fact resulted from the
same injury. (People vs. Lara, 54 Phil. 96).

IS THE OPINION CONTAINED IN A DYING DECLARATION


ADMISSIBLE?

Opinions in dying declarations are inadmissible. Dying


declarations should consist solely of facts, and not of conclusions,

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mental impressions or opinions. Thus, a dying statement that the
deceased thought or believed the accused had shot him, or that
he expected the accused would try to kill him, is inadmissible
where the deceased did not see his assailant, but based his
declaration wholly upon threats which had been made by the
accused. (Ruperto Martin, Ibid., p. 318 citing state vs. Horn, 204,
No. 528, 103 S.W. 96)

EXPLAIN BRIEFLY THE MEANING OF “CONSCIOUSNESS


OF AN IMPENDING DEATH.”

The declarant’s belief must be that death was inevitable, not


merely possible, nor even probably, but sure. In other words, the
declarant, at the time he makes his declaration, must have no
hope of recovery. If at the time he had an expectation, even only
a little hope of recovery, the declaration would be inadmissible.
Fear, or even belief, that illness end in death, if consistent with
hope, is not sufficient. There must be a settled hopeless
expectation. (Mora, Ibid., p. 621)

GIVE THE RULE ON DECLARATION AGAINST INTEREST.

The declaration made by a person deceased, or unable to


testify, against the interest of the declarant, if the fact asserted in
the declaration was at the time it was made so far contrary to
declarant’s own interest, that a reasonable man in his position
would not have made the declaration unless he believed it to be
true, may be received in evidence against himself or his
successors in interest and against third person. (Sec. 38, Rule
130)

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WHY IS A DECLARATION AGAINST INTEREST
ADMISSIBLE? DISCUSS BRIEFLY.

It is admissible on two grounds, name, (a) necessity, and (b)


trustworthiness. Necessity, because the declarant is dead or not
available as witness, and trustworthiness, because it is against
the declarant’s interest, and therefore, a guarantee of its truth.
(Jaime R. Nuevas, Remedial Law Reviewer, 1971 Ed., A & J
Publishing, p. 581 citing Fitch vs. Chapman, 10 Conn. 11; Smith
vs. Moore, 142 N.C. 277)

WHAT ARE THE REQUIREMENTS FOR ADMISSIN OF


DECLARATION AGAINST INTEREST?

To render a statement admissible as a declaration against


interest the following requirements must be met:

1. Declarants must be unavailable as a witness


2. The declaration must have related a fact against the
apparent pecuniary or proprietary or moral interest of
declarant when his statement was made.
3. The declaration must have concerned a fact personally
cognizable by declarant.
4. That circumstances must render it improbable that a motive
to falsify existed . (Ruperto Martin, Ibid., p. 327 citing C.J.S.
959)

GIVE THE RULE ON ACT OR DECLARATION ABOUT


PEDIGREE.

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The act or declaration of a person deceased, or unable to
testify, in respect to the pedigree of another person related to him
by birth or marriage, may be received in evidence where it
occured before the controversy, and the relationship between the
two persons is shown by evidence other than such act or
declaration. The word “pedigree” includes relationship, family
genealogy, birth, marriage, death, the dates when and the places
where these facts occurred, and the names of the relatives. It
embraces also facts of family history intimately connected with
pedigree. (Sec. 39, Rule 130)

WHEN IS AN ACT OR DECLARATION ABOUT PEDIGREE


ADMISSIBLE?

When the following requisites concur:

1. The declarant is related to the person whose pedigree is in


question;
2. Such relationship is shown by evidence other than the act or
declaration;
3. The act or declaration was made ante litem motam; and
4. The declarant is dead or unable to testify. (Sec. 39, Rule
130)

WHY IS AN ACT OR DECLARATION ABOUT PEDIGREE


ADMISSIBLE? DISCUSS BRIEFLY?

It is admissible on two grounds, namely (a) necessity and


(b) trustworthiness. Necessity, because facts about pedigree are
usually those which occurred long before the trial and known to
only a few persons, and trustworthiness, because those facts are

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matters which members of the family are presumed to be
interested in ascertaining the truth. (J.Nuevas, Ibid., p. 582 citing
Fulkenson vs. Holmes, 117 U.S. 389; III Wigmore 218; Tracy’s
Handbook, 62 Ed., p. 259

WHAT IS THE SCOPE OF THE TERM “PEDIGREE”?

The word “pedigree” includes:

1. Relationship;
2. Family genealogy;
3. Birth;
4. Marriage;
5. Death;
6. Dates when the places where these facts occurred;
7. Names of relatives; and
8. Facts of family history intimately connected with pedigree.
(Sec. 39, Rule 130)

GIVE THE RULE ON FAMILY REPUTATION OR


TRADITION REGARDING PEDIGREE.

The reputation or tradition existing in a family previous to the


controversy, in respect to the pedigree of any one of its members,
may be received in evidence if the witness testifying thereon be
also a member of the family, either by consanguinity or affinity.
Entries in family bibles or other family books or charts, engravings

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on rings, family portraits and the like, may be received as
evidence of pedigree. (Sec. 40, rule 130)

WHEN IS FAMILY REPUTATION OR TRADITION


REGARDING PEDIGREE ADMISSIBLE?

When the following requisites concur:

1. the reputation or tradition must refer to the pedigree of any


member of such family;
2. the reputation or tradition must have been formed previous
to the controversy, i.e., ante litem motam and
3. the witness testifying thereto must be a member of the
familiy. (R. Martin, Ibid., p. 340)

MAY FACTS OF PEDIGREE BE PROVED BY COMMON


REPUTATION?

No; fact of pedigree, if provable by reputation, can be


proved only by reputation in the family, but not by reputation in the
community, except marriage which is provable by both family and
common reputation. (Sison vs. Amblada, 30 Phil. 118)

GIVE THE RULE ON COMMON REPUTATION

Common reputation existing previous to the controversy,


respecting facts of public or general interest more than thirty
years old or respecting marriage or moral character, may be given
in evidence. Monuments and inscriptions in public places may be
received as evidence of common reputation. (Sec. 41, Rule 130)

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WHEN IS EVIDENCE OF COMMON REPUTATION
ADMISSIBLE?

When the following requisites concur:

1. The reputation refers to a matter of public or general interest


more than thirty (30) years old; or to marriage or moral
character;
2. The reputation is ancient:
3. The reputation was formed ante litem motam; and
4. The reputation is one formed in the community interested.
(Sec. 41, Rule 130)

WHY IS EVIDENCE OF COMMON REPUTATION


ADMISSIBLE? DISCUSS BRIEFLY.

It is admissible on two ground, namely, (a) necessity and


(b)trustworthiness. Necessity, because the fact to be proved is of
too ancient a date such that eye-witnesses are no longer
available, and trustworthiness, because if the reputation had
existed for so long a time, there be some truth to it. (J. Nuevas,
Ibid., p. 584 Mc Kinnon vs. Bliss, 21 N.Y. 206; Reg. vs
Bedforshire, 4E. 535)

WHEN IS EVIDENCE OF COMMON REPUTATION NOT


HEARSAY? EXPLAIN BRIEFLY.

It is not hearsay if common reputation is the fact in issue, or


part thereof. Thus, in a prosecution for maintenance of a house
of ill-fame, a gambling house, or an opium joint, the reputation of

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the house itself is the issue, so that testimony of witnesses
thereto is not hearsay. (U.S. vs. Choa Chick, 36 Phil. 831)

GIVE THE RULE ON RES GESTAE.

Statement made by a person while a startling occurrence is


taking place or immediately prior to subsequent thereto with
respect to the circumstances thereof, may be given in evidence
as part of the res getae. So, also, statements accompanying an
equivocal act material to the issue, and giving it a legal
significance, may be received as part of the res gestae.

WHAT STATEMENTS MAY BE ADMISSIBLE IN EVIDENCE


AS PART OF THE RES GESTAE?

They are of two classes:

1. Spontaneous statements made by a person while a startling


occurrence is taking place or immediately prior or
subsequent thereto with respect to the circumstances
thereof; and
2. Statements accompanying an equivocal act material to the
issue, and giving it legal significance.
3. The former is referred to as spontaneous exclamations,
while the latter as verbal acts.

DEFINE RES GESTAE

Res gestae literally means, “thing done,” and includes the


circumstances, facts and declarations incidental to the main fact
or transaction necessary to illustrate its character. It is so

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connected therewith as to constitute a part of the transaction. (R.
Martin, Ibid., p. 349 citing Underhill’s Criminal Evidence, p. 348)

WHAT IS ADMISSIBLE AS PART OF THE RES GESTAE?

What is admissible as part of the res gestae is not the


details of an occurrence, but the human assertions or statements
about those details.

WHAT ARE THE REQUISITES OF SPONTANEOUS


STATEMENTS?

The requisites for the admissibility of this kind of evidence


as an exception to the rule excluding hearsay are the following:

1. Statements must have been made while a startling


occurrence is taking place or immediately prior or
subsequently thereto;
2. Such statements must be spontaneous; and
3. Such statements must relate to the circumstances of the
startling occurrence. (R. Martin, Ibid., p. 350- 351 citing 32
C.J.S. and People vs. Ricaplaza, 23 SCRA 374)

WHAT IS THE BASIS OF THE RULE ON RES GESTAE?

The principle rests upon the common experience that


utterances made under such circumstances are devoid of self-
interest, and are in the same category as exclamations. The
probability of falsehood is so remote as to be negligible. (People
vs. Gondayao, 30 SCRA 226)

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WHAT ARE THE REQUISITES OF VERBAL ACTS?

The requisites of verbal acts are:

1. The res gestae is an equivocal act;


2. The equivocal act must be material to the issue;
3. The statement in question must be necessary for the
understanding of the equivocal act; and
4. The statement must accompany the equivocal act. (J.
Nuevas, Ibid., p. 587 citing Tracy’s Handbook, 62 Ed., p 22).

WHY ARE SPONTANEOUS EXCLAMATIONS AND VERBAL


ACTS ADMISSIBLE? DISCUSS BRIEFLY.

They are admissible on two ground, namely, (a) necessity


and (b) trustworthiness. Necessity, because such natural and
spontaneous utterances are more convincing than the testimony
of the same person on the stand; and trustworthiness, because
those statements are made instinctively. (Jaime Nuevas, Ibid., p.
587 citing Mobile vs. Ascraft, 48 Ala. 31 and Wesley vs. State, 53
Ala. 182)

DISTINGUISH BETWEEN A DYING DECLARATION AND A


DECLARATION AS PART OF THE RES GESTAE.

If the requsites of a dying declaration do not concur, the


declaration may be admitted as part of the res gestae. (People vs.
Talledo, 85 Phil. 533)

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WHAT IS AN EQUIVOCAL ACT FOR THE PURPOSE OF
THE RULE ON VERBAL ACTS?

An equivocal act is one susceptible of various


interpretations. (Allen vs. Duncan, 11 pick 308)

WHAT ARE VERBAL ACTS? ILLUSTRATE.

Verbal acts are statements accompanying an equivocal act


material to the issue and giving it legal significance. Such
declarations are called verbal acts, because they are considered
as verbal parts of the equivocal or ambiguous acts which they
explain. For example, when one delivers money to another, such
act does not by itself show whether the money is intended, say as
a gift or as a payment of a debt. But if the act of delivery is
accompanied by the statement that the money is for payment of a
debt, or is a birthday gift, the statement gives legal significance to
the act.

MAY AN EQUIVOCAL ACT EXTEND OVER A LONG


PERIOD OF TIME? MAY THE STATEMENTS NECESSARY
FOR AN UNDERSTANDING OF SUCH EQUIVOCAL ACT
BE ADMISSIBLE AS VERBAL ACTS?

The equivocal act may extend over a long period of time,


and during that period, those statements that are necessary for an
understanding of the meaning of said equivocal act, are
admissible as verbal acts. If a man and a woman are cohabiting
together and for a certain period of time they have been
appearing in public together, there is here an equivocal conduct
which may be interpreted either as licit or illicit. According to the

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present rule, any statements made by the parties during such
equivocal conduct showing it to be matrimonial, meretricious or
otherwise, are admissible as verbal acts. (Morann, Ibid., p. 636
citing Matter of Taylor, 9 Paige (N.Y.), 611)

GIVE THE RULE ON ENTRIES IN THE COURSE OF


BUSINESS.

Entries made at, or near the time of the transactions to


which they refer, by a person deceased, or unable to testify, who
was in a position to known the facts therein stated, maybe
received as prima facie evidence, if such person made the entries
in h is professional capacity or in the performance of duty and in
the ordinary or regular course of business or duty (Sec. 43, Rule
130)

WHEN ARE ENTRIES IN THE COURSE OF BUSINESS


ADMISSIBLE?

When the following requisites concur:

1. The entries must have been made at or near the time of


the transaction to which they refer;
2. The person who made the entry must be, at the time the
entry is presented as evidence, deceased, outside of the
Philippines or unable to testify;
3. The person who made the entry must be in a position to
know the facts there in stated at the time he made the
entries;
4. The entries must have been made in his professional
capacity or in the performance of duty; and

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5. The entries must have been made in the ordinary or
regular course of business. (Ruperto G. Martin, Revised
Rules on Evidence, vol. IV. 1989 Ed., p. 363)

WHY ARE ENTRIES IN THE COURSE OF BUSINESS


ADMISSIBLE? DISCUSS BRIEFLY.

They are admissible on two grounds, namely, (a) necessity,


and (b trustworthiness. Necessity, because the entrant is dead or
not available as witness, and no equally satisfactory proof of the
entry can be had; and trustworthiness, because a man who
makes regular entries for purposes of business or duty usually
makes them with accuracy. As these entries are relied upon by
businessmen everyday they can be relied upon the courts. (J.
Nuevas, Ibid., p. 589 citing Welsh vs. Barret, 15 Mass. 380 and
Tracy’s Handbook, 62 Ed., p. 276)

IN SHORT, TO WHAT KIND OF ENTRIES DOES THIS


RULE REFER?

It refers to an entry made by a person whose business or


duty it was to make the entry, and which appears to be part of a
regular system of entries kept in that establishment. (Jaime
Nuevas, Ibid., p. 590 citing O’Day vs. Spencer, 189 Pac. 394;
Kibbe vs. Bancraft, 77 III. 19)

IF THE ENTRANT IS ALIVE WOULD HIS ENTRY BE


RECEIVABLE AS INDEPENDENT EVIDENCE?

No; the entrant must be presented as witness. However,


while on the stand, he can refer to his entry as memorandum to

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refresh his memory. (Cang Ui vs. Gardner, 34 Phil. 376). But, if
notwithstanding the aid of his entry as a memorandum, the
entrant cannot recollect the facts stated therein, and then his
entry is admissible as independent evidence, provided all the
other requisites for its admissibility are present. (Shove vs. Wiley,
18 Mass. 558)

GIVE THE RULE ON OFFICIAL ENTRIES.

Entries in official records made in the performance of h is


duty by a public officer of the Philippines, or by a person in the
performance of a duty especially enjoined bylaw, are prima facie
evidence of the facts therein stated. (Sec. 44, Rule 130)

WHEN ARE ENTRIS IN OFFICIAL RECORDS


ADMISSIBLE?

To render such entries admissible the following requisites concur:

1. The entry must be made by a public officer or by


another person especially enjoined by law to do so;
2. It must be made by a public officer in the performance of
a duty specially enjoined by law; and
3. The entrant must have personal knowledge of the facts
stated by him. (Ruperto Martin. Ibd., p. 370 citing V.
Wigmore on Evidence, p.

WHY ARE ENTRIES IN OFFICIAL RECORDS


ADMISSIBLE? DISCUSS BRIEFLY.

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They are admissible on two grounds, namely, (a) necessity,
and (b) trustworthiness. Necessity, because litigations are
numberless in which the testimony of public officials is required,
and trustworthiness, because the law reposes a particular
confidence in public officials such that is presumes that they will
discharge their duties with fidelity and accuracy. (Antillon vs.
Barcelon, 37 Phil. 148)

WHAT IS THE PROBATIVE VALUE OF ENTRIES IN


OFFICIAL RECORDS?

They are prima facie evidence of the fact therein entered.


(Sec. 44, Rule 130)

GIVE THE RULE ON COMMERCIAL LISTS.

Evidence of statements of matters of interest to persons


engaged in an occupation contained in a list, register, periodical,
or other published compilation is admissible as tending to proved
the truth of any relevant matter so stated if that compilation is
published for use by persons engaged in that occupation and is
generally used and relied upon by them therein. (Sec. 45, Rule
130).

WHEN ARE COMMERCIAL LIST AND THE LIKE


ADMISSIBLE?

When the following requisites concur:

1. such statements are contained in a list;

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2. the compilation is published for use by person engaged
in that occupation; and
3. it is generally used and relied upon by them therein.
(Ruperto Martin, ibid., p. 378)

WHEN ARE THESE COMMERCIAL LISTS AND THE LIKE


ADMISSIBLE?

They are admissible if published for use by persons


engaged in that occupation, and is generally used and relied upon
by them. (Sec. 45, Rule 130)

GIVE THE RULES ON LEARNED TREATISES.

A published treatise, periodical or pamphlet on a subject of


history, law, science or art is admissible as tending to prove the
truth of a matter stated therein if the court takes judicial notice, or
a witness expert in the subject testifies, that the writer of the
statement in the treatise periodical or pamphlet is recognized in
his profession or calling as expert in the subject. (Sec. 46, Rule
130)

WHEN ARE LEARNED TREATISES ADMISSIBLE?

They are admissible if the fact therein stated can be


judicially noticed, or if another expert testifies that the author is a
recognized expert on the subject. (Sec. 46, Rule 130).

GIVE THE RULE ON TESTIMONY OR DEPOSITION AT A


FORMER PROCEEDING.

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The testimony or deposition of a witness deceased or
unable to testify, given in a former caser of proceeding, judicial or
administrative, involving the same parties and subject matter, may
be given in evidence against the adverse party who had the
opportunity to cross-examine him. (Sec. 47, Rule 130)

WHAT ARE THE REQUISITES IN ORDER THAT THE


TESTIMONY OR DEPOSITION OF A WITNESS AT A
FORMER PROCEEDING MAY BE ADMISSIBLE AS
EVIDENCE IN A SUBSEQUENT PROCEEDING?

There are five requisites:

1. That the testimony was rendered in a former case;


2. Between the same parties;
3. Relating to the same matter;
4. That the witness is dead, out of the Philippines, or
unable to testify in the subsequent proceeding; and
5. That the adverse party has had an opportunity to cross-
examine the witness. (Moran, Ibid., p. 645)

IS THE TESTIMONY GIVEN BEFORE A LEGISLATIVE OR


ADMINSITRATIVE COMMITTEE ADMISSIBLE IN A
SUBSEQUENT PROCEEDING?

No, because they are not judicial in character. Besides, in


legislative and administrative investigations, the rules of evidence
are not binding. (Moran, Ibid., p. 645)

DISCUSS BRIEFLY THE OPINION RULE.

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As a rule, a witness must confine his testimony to matters
within his actual knowledge. He cannot be asked questions
calling for his opinion or conclusions upon facts, which are for the
court to make. (J. Nuevas, Ibid., p 595 citing 20 Am. Jur. 635).
Hence, the opinion of a witness is not admissible. (Sec. 48, Rules
130)

GIVE THE EXCEPTIONS TO THE OPINION RULE.

The following are admissible:

a) The opinion of a witness on a matter requiring special


knowledge, skill, experience or training which he is shown
to possess, may be received in evidence. (Sec. 49, Rule
130)
b) The opinion of a witness for which proper basis is given,
may be received in evidence regarding.
1. The identity of a person about whom he has
adequate knowledge;
2. A handwriting with which he has sufficient familiarity;
and
3. The mental sanity of a person with whom he is
sufficiently acquainted.
c) The witness may also testify on his impressions of the
emotion, behavior, condition or appearance of a person.
(Sc. 50, Rule 130)

WHEN IS EXPERT EVIDENCE ADMISSIBLE?

When the following requisites concur:

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a) The fact to be proved is one requiring expert knowledge;
and
b) The witness is really an expert. (Nuevas, Ibid., p. 595
citing 20 Am. Jur. 647-649)

WHAT IS MEANT BY “QUALIFYING THE WITNESS”? HOW


IS IT DONE?

“Qualifying the witness” means proving that the witness


presented is an expert, and this is done by asking him preliminary
questions as to his education, training, experience, and the like.
(Nuevas, Ibid., p. 596 citing Tracy’s Handbook, 62 Ed., p. 207)

WHAT IS MEANT OF OPINION EVIDENCE?

“Opinion evidence” as the term is used in law, means the


testimony of a witness, given or offered in the trial of an action,
that the witness is of the opinion that some fact pertinent to the
case exists or does not exists, offered as proof of the existence or
non-existence of the fact. (R. Martin, Ibid., p. 396 citing 20 Am.
Jur. 634)

WHAT IS THE PROBATIVE VALUE OF EXPERT


TESTIMONY?

Expert testimony no doubt constitutes evidence worthy of


meeting consideration although not exclusive on questions of a
professional character. Courts of justice, however, are not bound
to submit their findings necessarily to such testimony. They are
free to weigh, them, and they can give or refuse to give them any

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value as proof, or they can even counter-balance such evidence
with the other elements of conviction which may have been
adduced during the trial. (R. Martin, Ibid., p. 409 U.S. vs. Trono,
et. al., 3 Phil. 219-220).

DEFINE EXPERT EVIDENCE.

Expert Evidence may be defined as the testimony of one


possessing in regard to a particular subject or department of
human activity, knowledge not usually acquired by other persons.
(U.S.A vs Gil, 13 Phil. 530)

WHEN IS EXPERT EVIDENCE NECESSARY?

Expert evidence is necessary when there are certain


matters which do not come within the knowledge of ordinary
witnesses. (Moran, Ibid., p. 650)

WHEN IS EXPERT EVIDENCE NECESSSARY TO PROVE


THE GENUINENESS OF HANDWRITING?

When the genuineness of handwriting is to be proven by


comparison expert evidence is necessary. Whether or not the
handwriting in questions is similar to other writings of the same
person is a matter which requires the testimony of a man who has
been trained, or has actual skill or knowledge on the same. (U.S.
vs. Santiago, 41 Phil. 793,802)

WHEN IS EXPERT EVIDENCE NECESSARY TO PROVE


MENTAL INSANITY?

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Mental insanity may be proven by the opinion of ordinary
witnesses, but when the mental disease is to be inferred from an
examination and observation of its symptoms, the opinion of an
expert is necessary. (Torres vs. Lopex, 48 Phil. 772)

IS EXPERT EVIDENCE NECESSSARY IN THE


IDENTIFICAITON OF FINGERPRINTS?

Yes, because it is a science requiring close study. (People


vs. Medina, 59 Phil. 330)

GIVE THE RULES GOVERNING CHARACTER EVIDENCE


IN CRIMINAL CASES.

The following:

a) The accused may prove his good moral character which is


pertinent to the moral involved in the offense charged.
b) Unless in rebuttal, the prosecution may not prove his bad
moral character which is pertinent to the moral trait
involved in the offense charged.
c) The good or bad moral character of the offended party may
be proved if it tends to establish in any reasonable degree
the probability or improbability of the offense charged.
(Sec. 51, Rule 130).

DEFINE CHARACTER

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Character is defined s that “combination of properties,
qualities or peculiarities which distinguishes one person from
others.” (Martin, Ibid., p. 420 citing The Cmaberlayne Trial
Evidence, p. 578)

IS EVIDENCE OF GOOD CHARACTER OF THE ACCUSED


ADMISSIBLE IN CRIMINAL CASES?

The good character of an accused is admissible in evidence


to show that improbability of his doing the act charged. The
principle upon which good character may be proven is, that it
affords a presumption against the commission of crime. This
presumption arises from the improbability, as a general rule, as
proven by common observation and experience that a person
who has uniformly pursued an honest and upright course of
conduct will depart from it and do an act so inconsistent with it.
Such a person may be overcome by temptation and fall into
crime, and cases of that kind often occur, but they are exceptions;
the general rule is otherwise. (Moran, p. 656 citing Cancemi vs.
People, 16 N.Y. 501)

MAY THE PROSECUTION PROVE THE BAD MORAL


CHARACTER OF THE ACCUSED?

The prosecution is not permitted to impeach the character of


an accused, if the latter does not put it in issue by giving evidence
in his support. (People vs. Hodges, 48 Phil. 592). The reason for
the rule is that evidence of bad character may create an unfair
prejudice against the acused who may be convicted not because
he is guilty of the crime charged, but because of his being a

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crooked man. (Moran, Ibid., p. 657 citing People vs. Shen, 147 N.
Y. 78, 41 N.E. 508)

WHAT IS BURDEN OF PROOF?

Burden of proof is the duty of a party to present evidence on


the facts in issue necessary to establish his claim or defense by
the amount of evidence required by law. (Sec. 1, Rule 131)

DEFINE BURDEN OF EVIDENCE.

“Burden of Evidence” is defined as “that logical necessity


which rests on a party at any particular time during a trial to create
a prima facie case in his own favor, or to overthrow one when
created against him. The burden of evidence is determined by
the progress of the trial, and shifts to one party when the other
party has produced sufficient evidence to be entitled as a matter
of law to a ruling in his favor. (R. Martin, Ibid, p. 431 citing 2
Jones on Evidence. 2nd Ed., 355)

WHO HAS THE BURDEN OF PROOF IN CRIMINAL


CASES? WHY?

In criminal cases, the burden of proof as to the offense


charged lies on the prosecution (People vs. De Reyes, 82 Phil.
130), because the accused has in his favor the presumption of
innocence.

WHAT IS THE BURDEN OF PROOF TO REBUT THE


PRESUMPTION OF CRIMINAL INTENT?

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When it has been proven that the accused committed the
unlawful acts alleged, it is properly presumed that they were
committed with full knowledge and with criminal intent, and it is
incumbent upon them to rebut such presumption. (R. Martin,
Ibid., p. 441 citing State vs. Sullivan, 34 Idaho 68, 199 p. 647, 17
A.L.R. 902)

GIVE THE RULE ON CONCLUSIVE PRESUMPTION.

The following are instances of conclusive presumptions:

a) Whenever a party has, by his own declaration, act, or


omission, intentionally and deliberately led another to
believe a particular thing true and to act upon such belief,
he cannot, in any litigation arising out of such declaration,
act or omission, be permitted to falsify it;
b) The tenant is not permitted to deny the title of his landlord
at the time of the commencement of the relation of the
landlord and tenant between them. (Sec. 2 Rule 131)

WHAT IS A PRESUMPTION?

A presumption is an inference as to the existence of a fact


not actually known, arising from its usual connection with another
which is known. (Jaime Nuevas, Ibid., p. 602 citing III C.R. Co.
vs. Interstate Co., 206)

WHAT ARE THE CLASSES OF PRESUMPTIONS OF LAW?

There are two classes of presumptions of law: (a)


conclusive presumptions or presumptions juris et de jure and (b)

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disputable presumption or presumption juris tantum. Conclusive
presumptions are inferences which the law makes so peremptory
that it will not allow them to be overturned by any contrary proof
however strong. (Mercado vs. Santos, 66 Phil. 216) Disputable
presumptions are those presumptions which may be disputed,
opposed, refuted or rebutted. Such presumptions continue until
overcome by proof to the contrary or by some stronger
presumption. (R. Martin, Ibid., p 447 citing Annotation: Ann. Cas.
1917 E. 11221).

IS PRESUMPTION EVIDENCE?

No. The effect of a presumption is to do away with evidence.


It is not evidence, even though it takes the place of it in the trial of
causes. (R. Martin, Ibid., p. 448 citing The Chamberlayne Trial
Evidence, p. 732)

WHAT IS ESTOPPEL IN PAIS?

Whenever a party has, by his own declaration, act or


omission, intentionally and deliberately led another to believe a
particular thing true, and to act upon such belief, he cannot, in any
litigation arising out of such declaration, act or omission, be
permitted to falsify it. (Sec. 2, par. (a)Rule 131)

WHAT IS THEREASON FOR THE RULE ON ESTOPPEL IN


PAIS?

The doctrine of estoppel in pais or equitable estoppel is


said to be dictated by the principles of morality and fair dealing
and it intended to subserve the ends of justice. It concludes the

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truth in order to prevent fraud and falsehood and imposes silence
on a party only when in conscience and honesty he should not be
allowed to speak. (R. Martin, Ibid., p. 449 citing 19 Am. Jur. 641).
Through estoppel an admission or presentation is rendered
conclusive upon the person making it and cannot be denied or
disproved as against the person relying thereon. (Art. 1431, New
Civil Code of the Philippines)

WHO MAY INVOKE ESTOPPEL?

An equitable estoppel can only be invoked by one who is in


a position to be misled by the misrepresentation with respect to
which the estopped is invoked; and under circumstances where
damage would result to him from the adoption by the person
estopped of a position different from that which has been held out
to be true. (Cristobal vs. Gomez, 50 Phil 810)

GIVE THE INSTANCES WHERE THERE IS DISPUTABLE


PRESUMPTIONS.

The following presumptions are satisfactory if uncontradicted,


but may be contradicted and overcome by other evidence:

1. That a person is innocent of crime or wrong;


2. That an unlawful act was done with an unlawful intent;
3. That a person intends the ordinary consequences of his
voluntary act;
4. That a person takes ordinary care of his concerns;
5. That evidence willfully suppressed would be adverse if
produced;

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6. That money paid by one to another was due to the
latter;
7. That a thing delivered by one to another belonged to the
latter;
8. That an obligation delivered up to the debtor has been
paid;
9. That prior rents or installments had been paid when a
receipt for the latter ones is produced;
10. That a person found in possession of a thing in the
doing of a recent wrongful act is the taker and the doer of
the whoe act; otherwise, that things which a person
possesses, or exercises acts of ownership over, are owned
by him;
11. That a person in possession of an order on himself for
the payment of the money, or the delivery of anything, has
paid, the money, or the delivery of anything, has paid the
money or delivered the thing accordingly;
12. That a person acting in a public office was regularly
appointed or elected to it;
13. That official duty has been regularly performed;
14. That a court, or judge acting as such, whether in the
Philippines or elsewhere was acting in the lawful exercise of
jurisdiction;
15. That all the matters within an issue raised in a case
were laid before the court and passed upon by it; and in like
manner that all matters within an issue raised in a dispute
submitted for arbitration were laid before the arbitrators and
passed upon by them;
16. The private transactions have been fair and regular;
17. That the ordinary course of business has been followed;
18. That there was a sufficient consideration for a contract;

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19. That a negotiable instrument was given or indorsed for a
sufficient consideration;
20. That an endorsement of a negotiable instrument was
made before the instrument was overdue and at the place
where the instrument is dated;
21. That a writing is truly dated;
22. That a letter duly directed and mailed was received in
the regular course of the mail;
23. That after an absence of seven years, it being unknown
whether or not the absentee still lives, he is considered
dead for all purposes, except for those of succession.

WHAT IS THE REASON FOR THE PRESUMPTION OF


INNOCENCE?

A person accused of crime is presumed to be innocent until


the contrary is proved and this presumption remains with him
throughout the trial until it is overcome by proof of guilt beyond a
reasonable doubt. The presumption of innocence is founded
upon the first principles of justice and is not a mere form, but a
substantial part of the law.

The presumption of innocence is a conclusion of law in favor


of the accused, whereby his innocence is not only established but
continues until sufficient evidence is introduced to overcome the
proof which the law has created – namely, his innocence. When
a doubt is created, it is the result of proof, and not the proof itself.
The courts will not impute a guilty construction or inference
compatible with innocence arises therefrom with equal force and
fairness. In fact, it si always the duty of the court to resolve the
circumstances of evidence upon a theory of innocence rather than

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upon a theory of guilt where it is possible to do so. The accused
is not to be presumed guilty because the facts are consistent with
his guilt; this will be done where the facts are inconsistent with his
innocence. (Vicente J. Francisco, The Revised Rules of Court in
the Philippines (Evidence), Vol, VII, Part I, 1990 Ed., p. 79-80
citing Wharton’s Criminal Evidence, 11th Ed., Sec. 72).

DISTINGUISH PRESUMPTION OF INNOCENCE FROM


REASONABLE DOUBT.

In making the distinction between the terms “presumption of


innocence” and of “reasonable doubt”, it has been stated that
“presumption of innocence” is a conclusion drawn by law in favor
of a citizen , while “reasonable” doubt” is a condition of mind
produced by proof resulting from evidence in the case. The
former is regarded as evidence, introduced by the law to be
considered by the court, while the latter is the result of insufficient
proof. (Vicente J. Francisco, Ibid., 81 citing 10 Encyclopedia of
Evidence, 625).

EXPLAIN THE PRESUMPTION “THAT AN UNLAWFUL ACT


WAS DONE WITH AN UNLAWFUL INTENT.”

The general rule is that, if it is proved that the accused


committed an unlawful act charged, it will be presumed that the
act was done with a criminal intention, and it is for the accused to
rebut this presumption. The act in itself is evidence of the intent.
(Vicente J. Francisco, Ibid., p. 82 citing 16 C.J. 81)

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EXPLAINT EH PRESUMTION “THAT A PERSON INTENDS
THE ORDINARY CONSEQUENCES OF HIS VOLUNTARY
ACT.”

Though it is maxim of law, as well as the dictate of charity,


that every person is to be presumed innocent until he is proved to
be guilty, yet it is a rule equally sound that every sane person
must be supposed to intended that which is the ordinary and
natural consequences of his own purposed act. (V.J. Francisco,
Ibid., p. 84 citing 3 Green Evidence, 15th ed., 13)

EXPLAIN THE PRESUMPTION “THAT A PERSON


INTENDS THE ORDINARY CONSEQUENCES OF HIS
VOLUNTARY ACT”.

Men of sound mind are presumed to intend the natural and


necessary consequences of acts which they intentionally perform.
(Ruperto G. Martin, Revised Rules on Evidence, Vol. IV 1989 ed.,
p. 465 citing 1 Jones on Evidence, 2nd Ed., 210). It is said that
man intends that consequence which he contemplates and which
he expects to result from his act, and he, therefore, must be taken
to intend every consequence which is the natural and immediate
result of any act which he voluntarily does. (Ibid).

IN ORDER THAT THE ADVERSE PRESUMPTION FROM


SUPPRESSION OF EVIDENCE MAY ARISE, WHAT ARE
THERE REQUISITES?

The following must concur:

a) The suppression is willful; (Sec. 3, Rule 131)

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b) The suppression is not in the exervcise of a
privilege; (U.S. vs. Melchir, 2 Phil. 588)
c) The evidence suppressed is not merely
corroborative or cumulative; (People vs. Tuazon, 56 Phil.
649) and
d) The evidence is at the disposal only of the
suppressing party. (People vs. Otero, 51 Phil 201)

WHAT IS THE EFFECT OF NON-PRODUCTION OF


MATERIAL EVIDENCE BY A PARTY?

Non-production of evidence that would naturally have been


produced by an honest and, therefore,, fearless claimant permits
the inference that its tenor is unfavorable to the party’s cause.
(Marvel Corp. vs. David, 94 Phil. 376)

IN ORDER THAT THE ADVERSE PRESUMPTION FROM


POSSESSION OF STOLEN GOODS MAY ARISE, WHAT
ARE THE REQUISITES?

The following must concur:

a) The crime of theft or robbery was committed;


(U.S. vs. Carreon, 12 Phil.) 51).
b) It was committed recently; (U.S. VS.
Carlipio,, 18 Phil. 421)
c) The property object ofthecrime was found in
accused’s possession; (U.S. vs. Ungal, 37 Phil. 835) and
d) The accccused is unable to explain his
possession satisfactorily; (U.S. vs. Espia, 16 Phil. 506)

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anmd, or for the application of the presumption of doer of
the whole act.
e) It must be shown that the goods were looted
at the same time, in the ssame place and on the same
occasion. (People vs. De Jose, CA-G-R. No. 02352- CR,
Jan. 31, 1963)

WHAT PRESUMPTION ARISES FROM FABRICATION OF


EVIDENCE?

The presumption arises that the case is groundless and


affects the whole mass of evidence presented by the party. (De
Leon vs. Layco, 73 Phil. 588)

WHAT IS THE SCOPE OF THE PRESUMPTION OF


REGULARITY OF OFFICAL ACTS?

It includes regularity of appointment and performance of


duty (Tolentino vs Catoy, 82 Phil. 300) and applies to corporate
officers. (J. Nuevas, Remedial Law Reviewer, 1971 ed., p. 605)

IN THOSE CASES WHERE DEATH MAY BE PRESUMED,


IS THERE A PRESUMPTION AS TO THE EXACT DATE OF
DEATH?

None, the exact date of death is a matter of proof. (J.


Nuevas, Ibid., p 607 citing Davis vs. Briggs, 97 U.S. 628)

WHEN ARE PRESUMPTIONS ADMISSIBLE?

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They are admissible when the facts from which they may be
deduced are fully proven; a presumption cannot be made to rest
on another presumption. (Cuaycong vs. Rius, 86 Phil. 170)

WHAT IS THE EFFECT OF PRESUMPTIONS?

Presumptions do not constitute evidence and have no


weight as such, but only determined the party who has the duty of
presenting evidence, and when that duty is met, presumptions
recede. (Nuevas, Ibd., p. 608 citing Anno. 15 A.L.R. 881) In other
words, presumptions merely aid in establishing a prima facie case
and have no probative effect when countervailing proof is offered.
(J. Nuevas, Ibid., p. 608 citing 20 Am. Jur. 171)

GIVE THE RULE ON THE PRESUMPTION OF


LEGITIMACY OR ILLEGITIMACY OF A CHILD.

There is no presumption of legitimacy or illegitimacy of a


child born after three hundred days following the dissolution of the
marriage of the separation of the spouses. Whoever alleged the
legitimacy or illegitimacy of such child must prove his allegation.
(Sec. 4, Rule 131)

HOW MAY THE EXAMINATION OF A WITNESS BE DONE?

The examination of witnesses presented in a trial or hearing


shall be done in open court, and under oath or affirmation.
Unless the witness is incapacitated to speak, or the question calls
for a different mode of answer, the answers of the witnesses shall
be given orally. (Sec. 1)

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MUST A WITNESS ANSWER ANY QUESTION ASKED?

Yes, a witness must answer questions, although his answer


may tend to establish a claim against him (Sec. 3)

WHAT ARE THE RIGHTS OF A WITNESS?

The rights of a witness are:

a) To be protected from irrelevant, improper, or insulting


questions, and from harsh or insulting demeanor;
b) Not to be detained longer than the interests of justice
require;
c) Not to be examined exception as to matters pertinent to
the issue;
d) Not to give an answer which will tend to subject him to a
penalty for an offense unless otherwise provided by law; or
e) Not to give an answer which will tend to degrade his
reputation, unless it be to the very fact at issued to a fact
from which the fact in issue would presumed. But a
witness must answer to the fact of his previous final
conviction for offenses. (Sec. 3)

STATE THE ORDER OF EXAMINATION OF AN


INDIVIDUAL WITNESS

The order in which individual witnesses may be examined is as


follows:

a) Direct examination by the proponent;


b) Cross-examination by the opponent;

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c) Re-direct examination by the proponent;
d) Re-cross-examination by the opponents. (Sec. 4)

GIVE THE CONCEPTS AND PURPOSES OF DIRECT


EXAMINATION; CROSS EXAMINATION; REDIRECT
EXAMINATION AND RE-CROSS-EXAMINATION.

Direct examination is the examination-in-chief of a witness


by the party presenting him on the facts relevant to the issue.
(Sec. 5)

Cross-examination; its purpose and extent. Upon the


termination of the direct examination, the witness may be cross-
examined by the adverse party as to any matters stated in the
direct examination, or connected therewith, with sufficient fullness
and freedom to test his accuracy and truthfulness and freedom
from interest or bias, or the reverse, and to elicit all important
facts bearing upon the issue. (Sec. 6)

Re-direct examination; its purpose and extent. – After the


cross-examination pf the witness has been concluded, he may be
re-examined by the party calling him, to explain or supplement his
answers given during the cross-examination, may be allowed by
the court in its discretion. (Sec. 7)

Re-cross-examination. – Upon the conclusion of the re-


direct examination, the adverse party may re-cross-examine the
witness on matters stated in his re-direct examination, and also
on such other matters as may be allowed by the court in its
discretion. (Sec. 8)

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WHEN MAY A WITNESS BE RECALLED?

After the examination of a witness by both sides has been


concluded, the witness cannot be recalled without leave of the
court. The court will grant or withhold leave in its discretion, as
the interest of justice may require.

WHAT IS A LEADING QUESTION?

A leading question is one which suggests to the witness the


answer which the examining party desires. (Sec. 10)

ARE LEADING QUESTIONS ALLOWED ON DIRECT


EXAMINATION?

As a general rule, they are not allowed, except in the following


cases
a) On cross examination;
b) On preliminary matters;
c) When there is difficulty in getting direct and intelligible
answers from a witness who is ignorant, or a child of
tender years, or is of feeble mind or a deaf-mute;
d) Of an unwilling or hostile witness; or
e) Of a witness who is an adverse party, or an officer, director,
or managing agent of a public or private corporation or of a
partnership or association which is an adverse party. (Sec.
10)

WHAT IS A MISLEADING QUESTION?

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A misleading question is one which assumed as true a fact
not yet testified to by the witness, or contrary to that which he has
previously stated. It is not allowed (Sec. 10)

HOW MAY THE ADVERSE PARTY’S WITNESS BE


IMPEACHED?

A witness may be impeached by the party against whom he


was called, by contradictory evidence,by evidence that his
general reputation for truth, honesty, or integrity is bad, or by
evidence that he has made at other times statements inconsistent
with his present testimony, but not by evidence of particular
wrongful acts, except that it may be shown by the examination of
the witness, or the record of the judgment, that he has been
convicted of an offense. (Sec. 11)

WHAT IS IMPEACHMENT OF A WITNESS?

It is simply an attack on the credibility of a witness. (J.


Nuevas, Remedial Law Reviewer, 1971 Ed., P. 611 citing
Ballentines’s Law Dict. 2nd Ed., p. 610)

MAY A PARTY IMPEACH HIS OWN WITNESS?

As a rule, no, except, if the witness is an unwilling or hostile


witness or if the witness is an adverse party of an officer, director,
or managing agent of a public or private corporation or a
partnership or association which is an adverse party. (Sec. 12)

WHEN MAY A WITNESS MAYBE CONSIDERED AS


UNWILLING OR HOSTILE?

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A witness may be considered as unwilling or hostile only if
so declared by the court upon adequate showing of his adverse
interest, unjustified reluctance to testify of his having misled the
party into calling him to the witness stand. (Sec. 12)

HOW MAY A WITNESS BE IMPEACED BY EVIDENCE OF


INCONSISTENT STATEMENTS?

Before a witness can be impeached by evidence that he has


made at other times statements inconsistent with his present
testimony, the statements must be related to him, with the
circumstances of the times and places and the persons present,
and he must be asked whether he made such statements, and if
so, allowed to explain them. If the statements be in writing they
must be shown to the witness before any question is put to him
concerning them. (Sec. 13)

MAY EVIDENCE OF GOOD MORAL CHARACTER OF AN


ACCUSED BE PRESENTED?

As a rule, no. Evidence of the good character of a witness


is not admissible until such character has been impeached. (Sec.
14)

STATE THE RULES ON THE EXCLUSION AND


SEPARATION OF WITNESSES

On any trial or hearing, the judge may exclude from the


court any witness not at the time under examination sot that he
may not hear the testimony of other witnesses. The judge any

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also cause witnesses to be kept separate and to be prevented
from conversing with one another until all shall have been
examined. (Sec. 15)

WHEN MAY A WITNESS REFER TO A MEMORADUM AND


STATE THE PROCEDURE?

A witness may be allowed to refresh his memory respecting


a fact, by anything written or recorded by himself or under his
direction at the time when the fact occurred, or immediately
thereafter, or at any other time when the fact was fresh in his
memory and he knew that the same was correctly written or
recorded; but in such case the writing or record must be produced
and may be inspected by the adverse party, who may, if he
chooses, cross-examined the witness upon it, and may read it in
evidence. So, also, a witness may testify from such a writing or
record, though he retain no recollection of the particular facts, if
he is able to swear that the writing or record correctly stated the
transaction when made; but such evidence must be received with
caution. (Sec. 16)

STATE THE RULE WHEN PART OF AN ACT,


DECLARATION OR WRITING IS GIVEN IN EVIDENCE BY
ONE PARTY.

When part of an act, declaration, conversation, writing or


record is given in evidence by one party, the whole of the same
subject may be inquired into by the other, and when a detached
act, declaration, conversation, writing or record is given in
evidence, any other ct declaration, conversation, writing or record

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necessary to its understanding may also be given in evidence.
(Sec. 17).

GIVE THE RULE ON THE RIGHT TO INSPECT WRITING


SHOWN TO WITNESS.

Whenever writing is shown to witness, it may be inspected


by the adverse party. (Sec. 18)

DEFINE AND CLASSIFY DOCUMENTARY EVIDENCE

Documentary evidence refers to any tangible object capable


of expressing a fact, or which tend to establish the truth or untruth
of matters at issue, and includes all kinds of documents, records
and writings. (Nuevas, Ibid., p 614 citing Curtis vs. Bradley, 65
Conn 99) It may be classified into public and private documents.
(Sec. 19).

WHAT ARE PUBLIC DOCUMENTS? PRIVATE


DOCUMENTS?

Public documents are:

a) The written official acts, or records of official acts of the


sovereign authority, official bodies and tribunals, and public
officers whether of the Philippines, or of a foreign country.
b) Documents acknowledged before a notary public except
last wills and testaments; and
c) Public records, kept in the Philippines, of private
documents required by law to be entered therein.

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WHAT IS THE PRE-REQUISITE FOR THE ADMISSIBILITY
OF A PRIVATE DOCUMENT?

It must be authenticated, which means that its due execution


and authenticity must first be proved. (Sec. 20)

HOW MAY A PRIVATE DOCUMENT BE AUTHENTICATED?

In any of the following modes:

a) By anyone who saw the document executed or written; or


b) By evidence of the genuineness of the signature or
handwriting of the maker. (Sec. 20)

WHAT IS AN ANCIENT DOCUMENT?

A document is ancient if the following requisites concur:

a) The document is more than thirty years old;


b) It is produced from a custody in which it would naturally
be found if genuine; and
c) It is unblemished by any alterations or circumstances of
suspicion. (Sec. 21).

HOW MAY THE HANDWRITING OF A PERSON PROVED?

The handwriting of a person may be proved by any witness


who believes it to be the handwriting of such person because he
ahs seen the person write or has seen writing purporting to be his
upon which the witness has acted or been charged, and has thus
acquired knowledge of the handwriting of such person. Evidence

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respecting the handwriting may also be given by a comparison,
made by the witness or the court, with writings admitted or treated
as genuine by the party against whom the evidence is offered, or
proved to be genuine to the satisfaction of the judge. (Sec. 22)

WHAT DOES A PUBLIC DOCUMENT PROVE?

Document consisting of entries in public records made in the


performance of a duty by a public officer are prima facie evidence
of the facts therein stated. All other public documents are
evidence, even against a third person, of the fact which gave rise
to their execution and of the date of the latter. (Sec. 23)

HOW MAY AN OFFICIAL RECORD BE PROVED?

The record of public documents referred to in paragraph (a)


of Section 19, when admissible for any purpose may be
evidenced by an official publication thereof of by a copy attested
by the officer having the legal custody of the record or by his
deputy and accompanied if the record is not kept in the
Philippines, with a certificate that such officer has the custody. If
the office in which the record is kept is in a foreign country, the
certificate may be made by a secretary of the embassy or
legation, consul general, consul, vice consul, or consular agent or
by any officer in the foreign service of the Philippines stationed in
the foreign country in which the record is kept and authenticated
by the seal of his office (Sec. 24)

WHEN A COPY OF A WRITING IS ATTESTED FOR THE


PURPOSE OF EVIDENCE, WHAT MUST THE
ATTESTATION STATE?

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Whenever a copy of a document or record is attested for the
purpose of evidence, the attestation must state, in substance, that
the copy is a correct copy of the original or a specific part thereof,
as the case may be. The attestation must be under the official
seal of the attesting officer, if there be any, or if he be the clerk of
a court having a seal, under the seal of such court. (Sec. 25)

WHAT IS MEANT BY IRREMOVABILITY OF PUBLIC


RECORD?

It means that any public record an official copy of which is


admissible in evidence must not be removed from the office in
which it is kept except upon order of a court where the inspection
of the record is essential to the just determination of a pending
case. (Sec. 26)

HOW MAY THE AUTHORIZED PUBLIC RECORD OF A


PRIVATE DOCUMENT BE PROVED?

An authorized public record of a private document may be proved:

a) By the original record; or


b) By a coy thereof, attested by the legal custodian of the
record, with an appropriate certificate that such officer has
the custody. (Sec. 27)

GIVE THE RULE ON PROOF OF LACK OF RECORD.

A written statement signed by an officer having the custody


of an official record or by his deputy that after diligent search no

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record or entry of a specified tenor is found to exist in the records
of his office, accompanied by a certificate as above provided, is
admissible as evidence that the records of his office contain no
such records or entry. (Sec. 28).

HOW MAY A JUDICIAL RECORD BE IMPEACHED?

Any judicial record may be impeached be impeached by evidence


of:

a) want of jurisdiction in the court or judicial officer;


b) collusion between the parties or
c) fraud in the party offering the record, in respect to the
proceedings.
(Sec. 29)

STATE THE RULE ON PROOF OF NOTARIAL


DOCUMENTS.

Every instrument duly acknowledged or proved an certified


as provided by law, may be presented in evidence without further
proof the certificate of acknowledgement being prima facie
evidence of the execution of the instrument of document involved.
(Sec. 30)

HOW MAY THE ALTERATIONS IN A DOCUMENT BE


EXPLAINED BY THE PARTY PRODUCING IT?

The party producing a document as genuine which has been


altered and appears to have been altered after its execution, in a
part material to the question in dispute, must account for the

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alteration. He may show that the alteration was made by another
without his concurrence, or was made with the consent of the
parties affected by it or was otherwise properly or innocently
made, or that the alteration did not change the meaning or
language of the instrument. If he fails to do that, the document
shall not be admissible in evidence. (Sec. 31)

GIVE THE RULE ON SEALED AND UNSEALED PRIVATE


DOCUMENTS.

There shall be no difference between sealed and unsealed


private documents insofar as their admissibility as evidence is
concerned. (Sec. 32).

WHEN MAY DOCUMENTS WRITTEN IN UNOFFICIAL


LANGUAGE BE ADMISSIBLE?

Documents written in an unofficial language shall not be


admitted as evidence, unless accompanied with a translation into
English or Filipino. To avoid interruption of proceedings, parties
or their attorneys are directed to have such translation prepared
before trial. (Sec. 33)

WHAT IS THE REASON AND PURPOSE FOR THE OFFER


OF EVIDENCE?

The court shall consider no evidence which has not been


formally offered. The purposes for which the evidence is offered
must be specified. (Sec. 34)

WHEN SHALL OFFER OF EVIDENCE BE MADE?

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As regards the testimony of a witness, the offer must be
made at the time the witness is called to testify. Documentary and
object evidence shall be offered after the presentation of a party’s
testimonial evidence. Such offer shall be done orally unless
allowed by the court to be done in writing. (Sec. 35)

WHEN SHALL OBJECTIONS TO EVIDENCE OFFERED BE


MADE?

Objection to evidence offered orally must be made immediately


after the offer is made.

Objection to a question propounded in the coursed of the


oral examination of a witness shall be made as soon as the
grounds therefore shall become reasonably apparent.

An offer of evidence in writing shall be objected to within


three (3) days after notice of the offer unless a different period is
allowed by the court.

In any case, the grounds for the objections must be


specified. (Sec. 36)

WHEN IS OBJECTION TO EVIDENCE UNNECESSARY?

When it becomes reasonably apparent in the course of the


examination of a witness that the questions being propounded are
of the same class as those to which objection has been made,
whether such objection was sustained or overruled, it shall not be
necessary to repeat the objection, it being sufficient for the

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adverse party to record his continuing objection to such class of
questions. (Sec. 37)

DISTINGUISH BETWEEN A GENERAL AND SPECIFIC


OBJECTION.

An objection is general when the grounds thereof are not


stated, or are generally stated. An objection that the evidence
offered is irrelevant, incompetent, or inadmissible is a general
one. (Moran, Remedial Law Reviewer, p. 690 citing Rush vs.
French, 1 Ariz., 99, 25 Pac. 819) An objection is specific where it
states wherein or how or why the evidence is irrelevant or
incompetent. (Moran, Ibid., Rush vs. French, supra) The general
rule is that an objection must be specified. (Sec. 36)

WHAT IS THE EFFECT OF A GENERAL OBJECTION?

A general objection is sufficient, if on the face of the


evidence objected to units relation to the rest of the case, there
appears no purpose whatever for which it would have been
admissible. Thus, it has been held that where there is a general
objection to evidence and it is overruled, and the evidence is
received, the ruling will not be held erroneous unless the
evidence, in its essential nature, is inadmissible. Where the
general objection is sustained, and the evidence excluded, the
ruling will not be upheld, unless any ground in fact existed for the
exclusion (6 Moran, Comments, p. 128, 1963 ed.)

WHEN SHALL THE COURT RULE ON THE OBJECTIONS


TO THE OFFER OF EVIDENCE?

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The ruling of the court must be given immediately after the
objection is made, unless the court desires to take a reasonable
time to inform itself on the question presented by the ruling (Sec.
38)

SHOULD THE COURT STATE THE REASON FOR ITS


RULING IN CASE OF OBJECTION TO EVIDENCE?

The reason for sustaining or overruling an objection need


not be stated. However, if the objection is based on two or more
grounds, a ruling sustaining the objection on one or some of them
must specify the ground or grounds relied upon. (Sec. 38)

WHEN MAY THE COURT STRIKE OUT AN ANSWER OF A


WITNESS DURING THE TRIAL?

Should a witness answer the question before the adverse


party had the opportunity to voice fully its objection to the same,
and such objection is found to be meritorious, the court shall
sustain the objection and order the answer given to be striken off
the record.

On proper motion, the court may also order the striking out
of answers which are incompetent, irrelevant or otherwise
improper. (Sec. 39)

STATE THE PROCEDURE IF THE COURT EXCLUDES


DOCUMENTS OR THINGS OFFERED IN EVIDENCE.

If documents or things offered in evidence are excluded by


the court, the offeror may have the same attached to or made part

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of the record. If the evidence excluded is oral, the offeror may
state for the record the name and other personal circumstances of
the witness and the substance of the proposed testimony. (Sec.
40)

WHAT IS THE DEGREE OF PROOF IN CRIMINAL CASES?

In a criminal case, the accused is entitled to an acquittal,


unless his guilt is shown beyond reasonable doubt. (Sec. 2, Rule
133)

WHAT IS PROOF BEYOND REASONABLE DOUBT?

Proof beyond reasonable doubt does not mean such a


degree of proof as, excluding possibility of error, produces
absolute certainty. Moral certainty only is required, or that degree
of proof which produces conviction in uprejudiced mind. (Sec. 2)

WHAT DEGREE OF PROOF IS NECESSARY FOR


CONVICTION IN CRIMINAL CASES?

A defendant in a criminal action shall be presumed to be


innocent until the contrary is proved, and in case of reasonable
doubt that his guilt is satisfactorily shown, he shall be entitled to
an acquittal. (People vs. Bequino, 77 Phil. 629) Therefore, the
guilt of the accused must be established by the prosecution by
proof beyond reasonable doubt.

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WHAT ARE THE FACTORS TO BE CONSIDERED ON THE
WEIGHT AND SUFFICIENCY OF TESTIMONIAL
EVIDENCE?

In determining where the superior weight of evidence on the


issues involved lies the court may consider all the facts and
circumstances of the case including the following:

a) the witness’ manner of testifying;


b) the intelligence of the witnesses, their means and
opportunity of knowing the facts to which they are
testifying;
c) the nature of the facts to which the witnesses testify;
d) the probability or improbability of the testimony of
witnesses;
e) the interest or want of interest of the witnesses;
f) the personal credibility of the witnesses so far as the same
may legitimately appear upon the trial, and
g) the number of witnesses. (U.S. vs. Lasada, 18 Phil. 90)

WHEN IS THE EXTRAJUDICIAL CONFESSION OF AN


ACCUSED SUFFICIENT TO CONVICT?

An extrajudicial confession made by an accused, shall not


be sufficient ground for conviction, unless corroborated by
evidence of corpus delicti. (Sec. 3)

WHAT IS THE CORPUS DELICTI?

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It is the fact of specific loss or injury. In homicide, the fact of
death, whether or not feloniously caused is the corpus delicti
(Cortez vs. Court of Appeals, G.R. No. L-32246, June 2, 1988)

WHAT MANNER OF PROOF IS REQUIRED IN SELF-


DEFENSE?

Accused who claims self-defense has the burden to prove


its elements by clear and convincing evidence. That evidence
must be clear, satisfactory and convincing. (People vs. Macariola,
120 SCRA 92)

WHEN IS CIRCUMSTANTIAL EVIDENCE SUFFICIENT


FOR CONVICTION?

Circumstantial evidence is sufficient for conviction if:

a) There is more than one circumstance;


b) The facts from which the inferences are derived are proven;
and
c) The combination of all the circumstances is such as to
produce a conviction beyond reasonable doubt. (Sec. 4)

GIVE THE RULE ON SUBSTANTIAL EVIDENCE

In cases filed before administrative or quasi-judicial bodies,


a fact may be deemed established if it is supported by substantial
evidence, or that amount of relevant evidence which a reasonable
mind might accept as adequate to justify a conclusion. (Sec. 5)

WHAT IS SUBSTANTIAL EVIDENCE?

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Substantial evidence has been defined to be such relevant
evidenced as a reasonable mind might accept as adequate to
support a conclusion. (Berenguer, Jr. vs. Court of Appeals, G.R.
No. L-60287, Aug. 17, 1988)

WHEN MAY THE COURT STOP THE PRESENTATION OF


FURTHER EVIDENCE?

The court may stop the introduction of further testimony


upon any particular point when the evidence upon it is already so
full that more witnesses to the same point cannot be reasonably
expected to be additionally persuasive. But this power should be
exercised with caution. (Sec. 6)

GIVE THE RULE ON THE EVIDENCE ON MOTION

When a motion is based on facts not appearing of record the


court may hear the matter on affidavits or depositions presented
by the respective parties, but the court may direct that the matter
be heard wholly or partly on oral testimony or depositions. (Sec.
7)

HOW MAY A PERSON PERPETUATE HIS OWN


TESTIMONY?

A person who desires to perpetuate his own testimony or


that of another person regarding any matter that may be
cognizable in any court of the Philippines, may file a verified
petition in the court of the province of the residence of any
expected adverse party. (Sec. 1)

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WHAT SHALL BE ALLEGED IN THE PETITION?

The petition shall be entitled in the name of the petitioner


and shall show (a) that the petitioner expects to be a party to an
action in a court of the Philippines but is presently unable to bring
it or cause it to be brought; (b) the subject matter of the expected
action and his interest therein; (c) the facts which is he desires to
establish by the proposed testimony and his reasons for desiring
to perpetuate it; (d) the names or a description of the persons he
expects will be adverse parties and their addresses so far as
known; and (e) the names and addresses of the persons to be
examined and the substance of the testimony which he expects to
elicit from each, and shall ask for an order authorizing the
petitioner to take the depositions of the persons to be examined
named in the petition for the purpose of perpetuating their
testimony. (Sec. 2)

WHAT SHALL THE NOTICE OF PETITION CONTAIN, AND


UPON WHOM, WHEN AND HOW SHALL IT BE SERVED?

The petitioner shall thereafter serve a notice upon each


person named in the petition as an expected adverse party,
together with a copy of the petition, stating that the petitioner will
apply to the court, at a time and place named therein, for the
order described in the petition. At least twenty (20) days before
the date of hearing the notice shall be served in the manner
provided for service of summons. (Sec. 3)

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WHAT SHALL THE COURT DO IF IT IS SATISFIED THAT
THE PERPETUATION OF TESTIMONY MAY PREVENT A
FAILURE OR DELAY OF JUSTICE?

If the court is satisfied that the perpetuation of the testimony


may prevent a failure or delay of justice, it shall make an order
designating or describing the persons whose deposition may be
taken and specifying the subject matter of the examination, and
whether the deposition shall be taken upon oral examination or
written interrogatories. The depositions may then be taken in
accordance with Rule 24 before the hearing (Sec. 4)

For the purpose of applying Rule 24 to depositions for


perpetuating testimony, each reference therein to the court in
which the action is pending shall be deemed to refer to the court
in which the petition for such deposition was filed. (Sec. 5)

GIVE THE RULE ON THE USE OF DEPOSITION.

If a deposition to perpetuate testimony is taken under this


rule, or if, although not so taken, it would be admissible in
evidence, it may be used in any action involving the same subject
matter subsequently brought in accordance with the provision of
Sections 4 and 5 of Rule 24. (Sec. 6)

IN SUCH A CASE, HOW AND WHERE SHALL THE


PETITION BE FILED?

If an appeal has been taken from a judgment of the


Regional Trial Court or before the taking of an appeal if the time

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therefore has not expired, the Regional Trial Court in which the
judgment was rendered may allow the taking of depositions of
witnesses to perpetuate their testimony for use in the event of
further proceedings in the said court. In such case the party who
desires to perpetuate the testimony may make a motion in the
said Regional Trial Court for leave to take the depositions, upon
the same notice and service thereof as if the action was pending
therein. (Sec. 7)

WHAT SHALL THE MOTION SHOW?

The motion shall show (a) the names and addresses of the
persons to be examined and the substance of the testimony
which he expects to elicit from each; and (b) the reason for
perpetuating their testimony. (Sec. 7)

WHAT SHALL BE ORDERED BY THE COURT?

If the court finds that the perpetuation of the testimony is


proper to avoid a failure or delay of justice, it may make an order
allowing is proper to avoid a failure or delay of justice, it may
make an order allowing the depositions to be taken, and
thereupon the depositions may be taken and used in the same
manner and under the same conditions as are prescribed in these
rules for depositions taken in actions pending in the Regional Trial
Court. (Sec. 7)

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…oΩo…

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SPECIAL LAWS

Republic Act No. 7659 - Heinous Crimes Act

What are HEINOUS CRIMES?

Heinous crimes are grievous, odious and hateful offenses,


which by reason of their inherent or manifest wickedness,
viciousness atrocity and perversity are repugnant and outrageous
to the common standards and norms of decency and morality in a
just, civilized and ordered society.

The heinous crimes are:

1) Treason;
2) Qualified Piracy/Mutiny
3) Qualified Bribery
4) Parricide
5) Murder
6) Infanticide
7) Kidnapping and Serious Illegal Detention
8) Robbery with Homicide
9) Robbery with Rape
10) Robbery with Intentional Mutilation
11) Robbery with Arson
12) Destructive Arson
13) Rape committed by two or more persons
14) Rape committed with the use of deadly weapon
15) Rape with Homicide or attempted Rape with Homicide
16) Rape attended by any of the following circumstances:

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 The victim thereby became insane;
 The victim is less than 18 years old and the
offender is an ascendant, a step-parent, guardian,
relative by consanguinity or affinity within the 3rd civil
degree, or the common law spouse of the victim’s
parent;
 The victim is under custody of police or
military authorities;
 The victim is a religious or a child less than
7 years old;
 The rape was committed in full view of the
husband, parent, children or relative within the 3rd civil
degree of consanguinity;
 The offender is afflicted with AIDS and is
aware of it;
 The offender is a member of the AFP or
PNP or any law enforcement agency; or
 The victim thereby suffered permanent
physical mutilation.

17. Plunder
18. Violations of the Dangerous Drugs Act of 1972 as
amended when the quantity of drugs involved in the violation
is equal to or more than that provided under Section 20.
19. Carnapping where the owner, driver or occupant of the
carnapped motor vehicle is killed or raped in the course of
the commission of carnapping or on the occasion thereof.

Nota Bene:

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The Death Penalty Law has been superseded by Republic Act #
9346.

Republic Act No. 7080 - (Anti-Plunder Law)

What is PLUNDER?

Plunder is the crime committed by “any PUBLIC OFFICER


who by himself or in connivance with members of his family,
relative by consanguinity, business associates, subordinate or
other persons amasses, accumulates or acquires ill-gotten wealth
through a COMBINATION or SERIES of overt or criminal acts in
the aggregate amount or total value of at least P50, 000,000.00
(as amended by R.A. No. 7659).

Who is a PUBLIC OFFICER under R.A. No. 7080?

Any person holding any PUBLIC OFFICE in the Government


of the Republic of the Philippines by virtue of

(a) an appointment;
(b) election; or
(c) contract

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Government of the Republic of the Philippines includes the
National Government, and Any of its subdivisions, agencies or
instrumentalities, including GOCCs and their subsidiaries.

Who is a PERSON as defined under R.A. No. 7080?

“PERSON” includes any NATURAL or JURIDICAL person.

NATURAL PERSON – a human being


JURIDICAL PERSON – organizations, or entities recognized
by law as a person such as LGUs, Registered Corporations and
Partnerships.

What is an ILL-GOTTEN WEALTH?

ILL-GOTTEN WEALTH means any asset, property,


business, and enterprise or material possession of any person,
acquired by him directly or indirectly through dummies, nominees,
agents, subordinates and/or business associates.

What are the means of acquiring ILL-GOTTEN WEALTH?


(Overt or Criminal Acts)

ILL-GOTTEN WEALTH can be acquired through the following


means and similar schemes:

1) Misappropriation, conversion, misuse or malversation of


public funds or raids on the public treasury;

2) Receiving, directly or indirectly, any commission, gift, share,


percentage, kickbacks or any other form of pecuniary benefit

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from any person and/or entity in connection with any
government contract or project or by reason of the office or
position of the public officer concerned;

3) Illegal or fraudulent conveyance or disposition of assets


belonging to the Government;

4) Obtaining, receiving or accepting directly or indirectly any


share of stock, equity or any other form of interest or
participation including the promise of future employment in
any business enterprise or undertaking;

5) 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 R.P.

What COURT has the JURISDICTION to hear and try


PLUNDER CASES?

All PLUNDER CASES are within the original jurisdiction of


the SANDIGANBAYAN .

What is the PRESCRIPTIVE PERIOD of the crime of


PLUNDER?

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A plunder case prescribes in 20 years. However, the right of
the State to recover properties unlawfully acquired by public
officers from them or from their nominees or transferees is not
barred by prescription, laches, or estoppel (does not prescribe).

Amendments to R.A. 7080 Introduced by R.A. 7659

What amendments did R.A. 7659 introduce to R.A. 7080?

R.A. 7659…

1) AMOUNT - Lowered the amount from at least P75 million


(R.A. 7080) to at least P50 million.

2) IMPOSABLE PENALTY - Changed the imposable penalty


of life imprisonment with reclusion perpetua to death.

Will the acquisition or accumulation of ill-gotten wealth by


a public official totalling to at least 50 million pesos made
through a single act constitute plunder?

Suggested Answer:

This has not been decided. In our opinion, however, a single


act does not constitute plunder because the Anti-Plunder Law
provides that the acquisition of ill-gotten wealth by a public official
must be made through a COMBINATION or SERIES of acts.

Republic Act No. 9160 - Anti-Money Laundering Act of 2001

What is MONEY LAUNDERING?

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Money laundering is a crime whereby the proceeds of an
UNLAWFUL ACTIVITY are transacted; thereby making them
appear to have originated from legitimate sources.

What constitutes an UNLAWFUL ACTIVITY?

Sec. 3 (i) - unlawful activity refers to any act or omission or


series or combination thereof involving or having relation to the
following:
1) Kidnapping for ransom;
2) Plunder;
3) Robbery and Extortion;
4) Jueteng and Masiao punished as illegal gambling under
P.D. 1602;
5) Piracy;
6) Qualified Theft;
7) Swindling or Estafa;
8) Smuggling;
9) Hijacking; and
10) many others.

MONEY LAUNDERING is committed by the following:

a) Any person knowing that any monetary instrument or


property represents, involves, or relates to, the proceeds of

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any unlawful activity, transacts or attempts to transact said
monetary instrument or property;

a) Any person knowing that any monetary instrument or


property represents or involves the proceeds of any unlawful
activity, performs or fails to perform any act as a result of
which he facilitates the offense of money laundering;

a) Any person knowing that any monetary instrument or


property is required under this Act to be disclosed and filed
with the Anti-Money laundering Council (AMLC), fails to do
so.

Which has jurisdiction over Money Laundering cases?

REGIONAL TRIAL COURT (RTC): If the accused is a


PRIVATE PERSON.

SANDIGANBAYAN: When committed by PUBLIC


OFFICERS and PRIVATE PERSONS in conspiracy with such
public officers.

Republic Act No. 3019 - Anti-Graft and Corrupt Practices


Act

What are the CORRUPT PRACTICES of a PUBLIC


OFFICER?

1) Persuading, inducing or influencing another public officer to


perform an act constituting a violation of rules and
regulations duly promulgated by competent authority or an

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offense in connection with the official duties of the latter, or
allowing himself to be persuaded, induced, or influenced to
commit such violation or offense.

2) Directly or indirectly requesting or receiving any gift,


present, share, percentage, or benefit for himself or for any
other person, in connection with any contract or transaction
between the Government and any other party, wherein the
public officer in his official capacity has to intervene under
the law.

3) Directly or indirectly requesting or receiving any gift, present


or other pecuniary or material benefit, for himself or for
another, from any person for whom the public officer, in any
manner or capacity, has secured or obtained, or will secure
or obtain, any Government permit or license, in
consideration for the help given or to be given.

4) Accepting or having any member of his family accept


employment in a private enterprise which has pending
official business with him during the pendency thereof or
within one year after its termination.

5) Causing any undue injury to any party, including the


Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his
official, administrative or judicial functions through manifest
partiality, evident bad faith or gross inexcusable negligence.

6) Neglecting or refusing, after due demand or request, without


sufficient justification, to act within a reasonable time on any

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matter pending before him for the purpose of obtaining
directly or indirectly, from any person interested in the
matter some pecuniary or material benefit or advantage, or
for the purpose of favoring his own interest or giving undue
advantage in favor of or discriminating against any other
interested party.

7) 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.

8) Directly or indirectly having financial or pecuniary interest in


any business, contract or transaction in connection with
which he intervenes or takes part in his official capacity, or
in which he is prohibited by the Constitution or by any law
from having any interest.

9) Directly or indirectly becoming interested, for personal gain,


or having a material interest in any transaction or act
requiring the approval of a board, panel or group of which
he is a member, and which exercises discretion in such
approval, even if he votes against the same or does not
participate in the action of the board, committee, panel or
group.

10) Knowingly approving or granting any license,


permit, privilege or benefit in favor of any person not
qualified for or not legally entitled to such license, permit,
privilege or advantage, or of a mere representative or
dummy of one who is not so qualified or entitled.

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11) Divulging valuable information of a confidential
character, acquired by his office or by him on account of his
official position to unauthorized persons, or releasing such
information in advance of its authorized release date.

Is a Christmas or birthday gift received by a public officer


considered a corrupt practice?

ANSWER:

No if the gift was –

(a) unsolicited (given by the giver voluntarily and not


demanded by the public officer), and
(b) of small or insignificant value, and
(C) was given as a mere token of gratitude or friendship
according to local customs or usage (Sec. 14).

Prohibition on PRIVATE INDIVIDUALS:

It is unlawful for ANY PERSON having family or close


personal relation with any public official to capitalize or exploit or
take advantage of such family or close personal relation by
directly or indirectly requesting or receiving any present, gift or
material or pecuniary advantage from any other person having
some business, transaction, application, request or contract with
the Government, in which such public official has to intervene.

FAMILY RELATION includes the SPOUSE or RELATIVES


by consanguinity or affinity in the 3rd CIVIL DEGREE.

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CLOSE PERSONAL RELATION includes close personal
relationship, social and fraternal connections, and professional
employment all giving rise to intimacy which assures free access
to such public officer.

It is unlawful for any person knowingly to induce or cause


any public official to commit any of the CORRUPT PRACTICES.

Prohibition on CERTAIN RELATIVES:

It is unlawful for the SPOUSE or for ANY RELATIVE, by


consanguinity or affinity, within the 3rd civil degree, of the
1) President of the Philippines,
2) Vice President of the Philippines,
3) Senate President, and
4) House Speaker

to INTERVENE directly or indirectly, in any business,


transaction, contract or application with the Government (subject
to the exceptions provided for under Sec. 5).

Prohibition on MEMBERS OF CONGRESS:

It is unlawful for any member of the Congress, during his/her


term of office to ACQUIRE or RECEIVE any personal pecuniary
interest in any specific business enterprise which will be directly
and particularly favored or benefited by any law or resolution
AUTHORED by him/her previously approved or adopted by the
Congress during his/her term.

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Statement of Assets and Liabilities

Every public officer MUST file-

WHAT? A detailed and sworn statement of assets and


liabilities, amounts and sources of his/her income, amounts of
his/her personal and family expenses and the amount of income
taxes paid.

WHEN? 1) within 30 days after assuming office,


2) on or before April 15 of every year,
3) upon the expiration of his/her term of office, or
4) upon his/her resignation or separation from office.

What COURT has the jurisdiction to try complaints for


violations of R.A. 3019?

SANDIGANBAYAN - has the original jurisdiction to hear and


decide complaints for Graft and Corruption.

Is a public officer who is being investigated or is facing


charges of graft and corruption allowed to resign or retire
during the pendency of the investigation or the case
against him?

No public officer is allowed to resign or retire pending an


investigation, criminal or administrative or pending a prosecution
against him, for any offense under R.A. No. 3019 or under the
provisions of the RPC on bribery (Sec. 12).

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What should be done to the public officer accused of
violation of R.A. No. 3019 during the pendency of the
investigation or during the trial of his case?

The public officer who is under investigation or is being tried


for graft and corruption should be SUSPENDED FROM OFFICE
pending the investigation or trial of his case.

Is a public officer who was found guilty of the charges


entitled to his retirement or gratuity benefits?

No. Should the public officer be convicted by final judgment,


he loses all retirement or gratuity benefits under the law.

What about if the public officer has already received his


retirement or gratuity benefits and he was convicted of the
charges?

The said convicted public officer who was found guilty of the
charges must return or restitute the amount received as
retirement or gratuity benefit to the Government.

What about if the public officer was found INNOCENT of


the charges against him?

The public officer is acquitted; he is entitled to reinstatement


and to the salaries and benefits which he failed to receive during
suspension.

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Republic Act No. 7610 - (Anti-Child Abuse Law)

Who are children under the Act?

“Children” refers to persons:

a) Below 18 years of age, or


b) Over 18 years of age but are unable to fully take care of
themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental
disability or condition (Sec. 3).

What is CHILD ABUSE?

CHILD ABUSE refers to the maltreatment, whether habitual


or not, of the child which includes any of the following acts:

a) Psychological and physical abuse, neglect, cruelty, sexual


abuse and emotional maltreatment;
b) Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a human
being;
c) Unreasonable deprivation of his basic needs for survival,
such as food and shelter; or

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d) Failure to immediately give medical treatment to an
injured child resulting in serious impairment of his growth and
development or his permanent incapacity or death.

Offenses under this Act

1) CHILD PROSTITUTION and OTHER CHILD ABUSE

Who are considered “children exploited in prostitution and


other sexual abuse”?

Children, whether male or female, who for money, profit or


any other consideration or due to the coercion or influence of any
adult, syndicate or group, indulge in sexual intercourse or
lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse (Sec. 5).

Who are liable for Child Prostitution and other Child


Abuse?

The following are punished with reclusion temporal in its


medium period to reclusion perpetua:

1) Those who engage in or promote, facilitate or induce child


prostitution which include, but are not limited to the following:

- Acting as procurer of a child prostitute;


- Inducing a person to be a client of a child prostitute by
means of written or oral advertisements or other similar means;
- Taking advantage of influence or relationship to procure a
child as a prostitute;

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- Threatening or using violence towards a child to engage
him as a prostitute; or
- Giving monetary consideration, goods or other pecuniary
to a child with the intent to engage such child in
prostitution.

2) Those who commit the act of sexual intercourse or


lascivious conduct with a child exploited in prostitution or
subjected to other sexual abuse;

3) Those who derive profit or advantage there from, whether as


a manager or owner of the establishment where the prostitution
takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which
engages in prostitution in addition to the activity for which the
license has been issued to said establishment.

ACTS PUNISHABLE AS AN ATTEMPT TO COMMIT CHILD


PROSTITUTION

Who are guilty of attempt to commit child prostitution?

Any person who, not being a relative of the child is found


ALONE with the child inside the room or cubicle of a house, an
inn, hotel, motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or secluded
area under circumstances which would lead a reasonable person
to believe that the child is about to be exploited in prostitution and
other sexual abuse; and

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Any person who receives services from a child in a sauna
parlor, massage clinic, health club and other similar
establishments.

2) CHILD TRAFFICKING

Consummated Act of CHILD TRAFFICKING

Who are liable for consummated act of child trafficking?

Any person who engages in trading and dealing with


children including, but not limited to, the act of buying and selling
of a child for money, or for any other consideration, or barter.

Attempt to Commit CHILD TRAFFICKING:

There is an attempt to commit Child Trafficking:

- When a child travels alone to a foreign country without


valid reason therefor and without clearance issued by the
DSWD or written permission or justification from the child’s
parents or legal guardian;

- When a pregnant mother executes an affidavit of consent


for adoption for a consideration;

- When a person, agency, establishment or child-caring


institution recruits women or couples to bear children for the
purpose of child trafficking;

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- When a doctor, hospital, or child clinic official or employee,
nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or

- When a person engages in the act of finding children


among low-income families, hospitals, clinics, nurseries,
day-care centers, or other child-caring institutions who can
be offered for the purpose of child trafficking.

3) OBSCENE PUBLICATIONS AND INDECENT SHOWS

Who are liable?

a) Any person who hires, employs, uses, persuades, induces, or


coerces a child:

1) to perform in obscene exhibitions and indecent shows,


whether live or in video;

2) to pose or model in obscene publications or pornographic


materials.

b) Any ascendant, guardian, or person entrusted in any capacity


with the care of the child who causes and/or allows a child to be
employed or to participate in an obscene play, scene, act, movie
or show or in any other acts covered by Sec. 9 of R.A. 7610.

Other ACTS of NEGLECT, ABUSE, CRUELTY or EXPLOITATION


and other Conditions Prejudicial to the Child’s Development:

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1) Committing any other act of child abuse, cruelty or
exploitation or be responsible for other conditions prejudicial to
the child’s development;

2) Keeping or having in his company a minor, 12 years or


under or who is 10 years or more younger than his junior in any
public place or private place, hotel, motel, beer joint, discothèque,
cabaret, pension house, sauna or massage parlor, beach and/or
other tourist resort or similar places;

3) Inducing, delivering or offering a minor to anyone


prohibited to keep or have in his company a minor as provided in
the preceding paragraph;

4) Allowing by any person, owner, manager or one entrusted


with the operation of any public or private place or
accommodation, whether for occupancy, food, drink, or otherwise,
including residential places any minor;

5) Using, coercing, forcing or intimidating a street child or


any other child to:
a) Beg or use begging as a means of living;
b) Act as conduit or middleman in drug trafficking
or pushing; or
c) Conduct any illegal activities.

Who may FILE a COMPLAINT for a VIOLATION of R.A.


7610?

The complaint may be filed by any of the following:

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1) Offended party;
2) Parents or guardians;
3) Ascendant or collateral relative within the third degree of
consanguinity;
4) Officer, social worker or representative of a licensed
child-caring institution;
5) Officer, social worker of the DSWD;
6) Barangay Chairman;
7) At least 3 concerned responsible citizens where the
violation occurred.

Republic Act No. 6539 - Anti-Carnapping Act of 1972

What is CARNAPPING?

It is the taking, with intent to gain, of a motor vehicle


belonging to another without the latter’s consent, or by means of
violence against or intimidation of persons, or by using force upon
things.

DEFINITION OF TERMS:

MOTOR VEHICLE – is any vehicle propelled by any power other


than muscular power using the public highways

EXCEPT the following:

Road rollers; Bulldozers; Trolley cars; Graders; Street-


Sweepers; Fork-lifts; Sprinklers; Amphibian Trucks, and Lawn
mowers; Cranes

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NOT USED ON PUBLIC HIGHWAYS,

Vehicles, which run only on rails or tracks, and

Tractors, trailers and traction engines of all kinds used


exclusively for agricultural purposes.

What constitutes unlawful taking in the crime of


CARNAPPING?

UNLAWFUL TAKING in CARNAPPING takes place when


the owner or juridical possessor does not give his consent to the
taking, or, if consent was given, it was vitiated (People vs. Tan,
323 SCRA 30).

TAKING OF A MOTOR VEHICLE can be:

1) CARNAPPING under R.A. 6538, or


2) QUALIFIED THEFT under Art. 310 of the RPC, or
3) ESTAFA under Art. 315 paragraph 1 (b) of the RPC.

CARNAPPING vs. QUALIFIED THEFT vs. ESTAFA

CARNAPPING QUALIFIED ESTAFA


THEFT

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1) Taking A] Art. 310, 1) Physical and
2) with intent to RPC Juridical
gain, 1)Taking possession of the
3) of a motor 2) with intent to motor vehicle was
vehicle gain transferred to the
4) belonging to 3) of a motor accused;
another 5) (a) vehicle (e.g. agency to
without the 4) belonging to sale)
latter’s another 2) He
consent, 5) Without the misappropriated
or latter’s consent the same.
(b) by means 6) But without
of violence against
violence or intimidation of
against persons or force
or upon things.
intimidation of
person, or B]
(c) by using Jurisprudence
force 1) Material or
upon physical
things. possession of
the motor
vehicle was
transferred to
the accused;
(e.g. borrowed)
2) He
misappropriated
the same.

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Republic Act No. 6235 - ANTI-HIJACKING LAW

How is the crime of HIJACKING committed?

Hijacking is committed by:


1) Compelling the pilot to change in course or destination of a
DOMESTIC AIRCARFT;
2) Seizing or usurping the control of a DOMESTIC AIRCAFT while
it is in flight;
3) Compelling a FOREIGN AIRCRAFT to land in the Philippine
territory; and
4) Seizing or usurping the control of the FOREIGN AIRCRAFT
while it is within Philippine territory.

When is an aircraft considered in flight?

An aircraft is considered in flight from the moment all its


external doors are closed following embarkation until any of such
doors is opened for disembarkation.

Other acts punished by R.A. No. 6235:

Shipping, loading, or carrying in any PASSENGER


AIRCRAFT operating as a public utility within the Philippines any
explosive, flammable, corrosive or poisonous substance or
material.

Republic Act No. 4200 - Anti-Wire Tapping Law

What are the acts punished as wire-tapping?

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1) Tapping any wire or cable, or
2) Using any other device or arrangement,
3) To secretly overhear, intercept, or record a
4) Private communication/conversation or spoken word
5) Without the knowledge or consent of all the parties.

Note: Private Communications Can Be Waived by SHOUTING

Presidential Decree No. 533 - Anti-Cattle Rustling Law of


1974

What is a “CATTLE RUSTLING”?

CATTLE RUSTLING is the -


1. Taking away by any means, methods or scheme,
without the consent of the owner/raiser, of a LARGE
CATTLE whether or not for profit or gain, or whether
committed with or without violence against or intimidation of
any person or force upon things;

2. Killing of a large cattle, or taking its meat or hide


without the consent of the owner/raiser.

What is a LARGE CATTLE?

LARGE CATTLE includes the following:

1) Cow;
2) Carabao;
3) Horse;

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4) Mule;
5) Ass; or
6) Other domesticated member of the bovine family.

WHO is considered as an OWNER/RAISER of a Large


Cattle?

OWNER/RAISER - includes the herdsman, caretaker,


employee or tenant of any firm or entity engaged in the raising of
large cattle or other persons in lawful possession of such large
cattle.

Duty of OWNER/RAISER to Register the LARGE CATTLE - The


owner/raiser is duty-bound to register the large cattle belonging to
him

WHEN? Before the large cattle attains the age of 6 months.


WHERE? With the office of the City/Municipality where the
owner/raiser resides.

After registration, a CERTIFICATE of OWNERSHIP is issued to


the owner/raiser.

Permit to BUY and SELL Large Cattle:

Any person, partnership, association, corporation or entity


engaged in the business of buying and selling large cattles MUST
first secure a permit from (a) the Provincial Commander, and (b)
the City/Municipal Treasurer of the place of residence of such
person, partnership, association, corporation or entity.

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Clearance for SHIPMENT of LARGE CATTLE

Any person, partnership, association, corporation or entity


desiring to ship or transport large cattle, its hides, or meat, from
one province to another MUST secure a PERMIT from the
Provincial Commander.

PRESUMPTION of Cattle Rustling:

FAILURE to exhibit or show the required PERMIT or


CLEARANCE by any person having in his possession, control or
custody of large cattle is a PRIMA FACIE EVIDENCE that the
large cattle in his possession, control, or custody is the fruit of the
crime of cattle rustling.

Presidential Decree No. 1612 - Anti-Fencing Law of 1979

What is “fencing”?

“Fencing” is the act of any person who,

a) with intent to gain for himself or for another,


b) BUY, RECEIVE, POSSESS, KEEP, ACQUIRE,
CONCEAL,
SELL, or DISPOSE of, or BUYS and SELLS, or in any
other manner deal in
c) any article, item, object or anything of value
d) which HE KNOWS, or SHOULD BE KNOWN TO HIM,

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e) to have been derived from the proceeds of the crime of
robbery or theft.

Who is a “FENCE”? “FENCE” includes any

person,
firm,
association,
corporation or partnership, or
other organizations
who/which commits the act of fencing.

Presumption of FENCING:

Mere possession of any goods, article, item, object, or


anything of value which has been the subject of robbery or theft is
a PRIMA FACIE evidence of fencing.

Presidential Decree No. 532 - Anti-Piracy and Anti-Highway


Robbery Law

What is PIRACY?

Any attack upon or seizure of any vessel, or the taking away


of the whole or part thereof, or its cargo, equipment, or the
personal belonging of its complement or passengers, irrespective
of the value thereof, by means of violence against or intimidation
of persons or force upon things.

Who may commit PIRACY?

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Any person, including a passenger or member of the
crew/complement of the vessel.

Where may PIRACY be committed?

Only in Philippine waters.

PIRACY: P.D. 532 VERSUS Art. 122 of the RPC

P.D. No. 532 ARTICLE 122, RPC


1) Piracy can only be 1) Piracy can be
committed on Philippinecommitted both on the
territorial waters. high seas and on
Philippine territorial
2) Can be committed by waters.
ANY PERSON including a
passenger or member of 2) Can only be committed
the complement of the by a person who is neither
vessel. a passenger nor member
of the complement of the
vessel.

What is HIGHWAY ROBBERY or BRIGANDAGE?

1) The seizure of any person for ransom, extortion or other


unlawful purposes, or

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2) Taking away of the property of another by means of
violence against or intimidation of persons or force upon
things or other unlawful means.

WHERE? On any PHILIPPINE HIGHWAY

What is a PHILIPPINE HIGHWAY?

Any road, street, passage, highway and bridges or other


parts thereof, or railways or railroad within the Philippines used by
persons, or vehicles, or locomotives or trains for the movement or
circulation of persons or transportation of goods, articles, or
property or both.

What is the purpose of the accused in Highway Robbery or


Brigandage?

The purpose of brigandage is INDISCRIMINATE HIGHWAY


ROBBERY (i.e. victim could be any person or persons that
passes through a Philippine Highway).

If the purpose is only a particular robbery (i.e. there is a


predetermined or particular victim), the crime is only Robbery or
Robbery in band if there are at least 4 armed participants.

Is the number of perpetrators an essential element of


Highway Robbery or Brigandage?

No. The perpetrator could be a single person or a group of


persons not necessarily at least four (4) armed persons.

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Is the fact that Robbery was committed on Philippine
Highway makes it Highway Robbery or Brigandage?

No. The mere fact that robbery was committed on Philippine


Highway does not give rise to Highway Robbery or Brigandage.
The intent of indiscriminate highway robbery must be present.

Republic Act No. 8049 - Anti-Hazing Act

What is HAZING?

It is an initiation rite or practice as a prerequisite for


admission into membership in a fraternity, sorority or organization
by placing the recruit, neophyte or applicant in some
EMBARRASSING or HUMILIATING situations such as forcing
him to do menial, silly, foolish and similar tasks or activities or
otherwise subjecting him to physical or psychological suffering or
injury.

Take NOTE: The term “ORGANIZATION” include any club,


or the AFP, PNP, PMA, or officer and cadet corps of the Citizen’s
Military Academy (CMT), or Citizen’s Army Training (CAT).

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Requirements before hazing or initiation rites may be conducted:

1) Prior written notice to the school authorities or head of


organization (seven (7) days before the conduct of the said
initiation rite.

2) The written notice shall

a) indicate the period of the initiation activities which shall


not exceed three (3) days;
b) include the names of those to be initiated;
c) contain an undertaking that no physical violence be
employed by anybody during such initiation rites.

Republic Act No. 7832 - Anti-Electricity Pilferage Act

Punishes: 1) Illegal use of electricity (- e.g. illegal connection,


tampering, use of jumpers)
2) Theft of electric power transmission lines and materials.

What is “MURO-AMI”?

It is the act of fishing with gear method or other physical or


mechanical acts that destroy coral reefs, sea grass beds and
other fishery marine life habitat

It is punishable under The Philippine Fisheries Code of 1998


and R.A. 8550.

R.A. 7438 - Act Defining Certain Rights of Persons


Arrested, Detained or Under Custodial Investigation

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Rights of Persons Arrested, Detained or Under Custodial
Investigation:

1) Right to be assisted by counsel at all times.


2) Right to remain silent.
3) Right to have a competent and independent counsel,
preferably of his own choice.
4) Right to be visited by any member of his immediate family,
or any medical doctor or priest or religious minister chosen
by him or by any NGO duly accredited by the CHR or by any
international NGO duly accredited by the Office of the
President.

In what form shall the investigation report be?

It shall be in written form to be signed or thumb marked by


the person arrested, detained or under custodial investigation.

What should be done if the person arrested or detained


does not know how to read and write?

The contents of the investigation report shall be read and


adequately explained to him by his counsel or by the assisting
counsel in a language or dialect known to such arrested or
detained person.

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Form of Extrajudicial Confession

It shall be in

(1) writing and


(2) signed by the person
(3) in the presence of his counsel or in the latter’s absence,
upon a valid waiver, and in the presence of any of the parents,
older brothers and sisters, his spouse, the municipal mayor, the
municipal judge, district school supervisor, or priest or minister of
the gospel as chosen by him.

Effect of non-compliance with the requirements of a valid


extrajudicial confession:

The extrajudicial confession made by the person arrested,


detained or under custodial investigation will be INADMISSIBLE
as evidence in any proceeding.

Form of waiver by the person arrested, detained or under


custodial investigation of Article 125 of the RPC:

Any waiver under the provisions of Art. 125 of the RPC


should be in WRITING and SIGNED by such person in the
PRESENCE of his counsel, otherwise, such waiver shall be null
and void and of no effect.

What is CUSTODIAL INVESTIGATION?

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Includes the practice of issuing an “invitation” to a person
who is being investigated in connection with an offense he is
suspected to have committed.

Republic Act No. 7438 imposes penalties to the following:

1) Any arresting public officer or employee, or any investigating


officer who fails to inform any person arrested, detained or
under custodial investigation of his right to remain silent and
to have a competent and independent counsel preferably of
his own choice;

2) Any pubic officer or employee or anyone acting upon orders


of such investigating officer or in his place, who fails to
provide a competent and independent counsel to a person
arrested, detained or under custodial investigation for the
commission of an offense if the latter cannot afford the
services of his own counsel;

3) Any person who obstructs, prevents or prohibits any lawyer,


any member of the immediate family of a person arrested,
detained or under custodial investigation, or any medical
doctor or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, from
visiting and conferring privately with him, or from examining
and treating him, or from ministering to his spiritual needs, at
any hour of the day, or in urgent cases, of the night.

Batas Pambansa Bilang. 22 - Anti-Bouncing Check Law

Who is liable for violation of B.P. 22?

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1. Any person who makes or draws and issues any check to
apply on account or value, knowing at the time of issue that he
does not have sufficient funds in or credit with the drawee bank
for the payment of such checks in full upon its presentment, which
check is subsequently dishonored by the drawee bank.

For what reason?

For insufficiency of funds or credit or it would have been


dishonored for the same reason had not the drawer, without any
valid reason, ordered the bank to stop payment.

2. Any person who made or drew and issued a check who


failed to keep sufficient funds or to maintain a credit to cover the
full amount of the check if said check was presented within a
period of 90 days from the date appearing thereon, for which
reason it is dishonored by the bank.

ELEMENTS OF THE CRIME

1. The accused makes, draws or issues any check to apply


on account or value.
2. The check is subsequently dishonored by the drawee
bank for insufficiency of funds or credit or it would have
been dishonored for the same reason had not the drawer,
without any valid reason, ordered the bank to stop
payment.

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3. The accused KNOWS at the time of issuance that he or
she does not have sufficient funds in or credit with the
drawee bank for the payment of the check in full upon its
presentment.

Republic Act No. 7877 - Anti-Sexual Harassment Act

WHOM? By an

1) EMPLOYER,
2) EMPLOYEE,
3) MANAGER,
4) SUPERVISOR,
5) AGENT OF THE EMPLOYER,
6) TEACHER,
7) INSTRUCTOR,
8) PROFESSOR,
9) COACH,
10) TRAINER, or
11) ANY OTHER PERSON HAVING AUHTORITY,
INFLUENCE OR MORAL ASCENDANCY OVER ANOTHER in a
work or training or education environment.

IN WHAT WAY?

By demanding, requesting or otherwise requiring any


SEXUAL FAVOR from the other, regardless of whether the
demand, request or requirement for submission is accepted by
the victim.

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