Criminal II – Collated Midterm Questions

1. Is there such a crime as attempted bribery?

Yes. Under Article 210 Direct Bribery, in the second mode where the act is not a
crime but is unjust or the doing is improper or unfair attempted bribery occurs when the
officer agreed to do the act for a consideration and received the consideration but was not
able to perform the act.

2. What are the different modes of falsification under Article 171 of the RPC?
- Counterfeiting or imitating any handwriting, signature or rubric
- Causing it to appear that persons have participated in an act or proceeding
- Attributing to persons who have participated in any act or proceeding
statements other than those in fact made by them
- Making untruthful statements in a narration of facts
- Altering true dates
- Making any altercation or intercalation in a genuine document which changes
its meaning
- Issuing an authenticated form of a document purporting to be a copy of an
original document when no such original exists, or including in such copy a
statement contrary to or different from that genuine of the original
- Intercalating any instrument or note relative to the issuance thereof in a
protocol, registry or official book

ARTICLES TO INCLUDE

1. Difference between treason and rebellion

- Treason distinguished from Rebellion. The manner in which both crimes are
committed in the same. In treason however, the purpose of the offender is to
deliver the government to the enemy country or to a foreign power. In rebellion,
the purpose of the rebels is to substitute the government with their own form of
government. No foreign power is involved.
2. Piracy (Art. 122)
3. Nonfeasance, misfeasance, malfeasance (Art. 203)
4. Valid arrest warrant when is a warrantless search valid (Art. 129)
5. Can treason be committed in time of peace (Art. 114)
- No. See the elements it expressly states that it is committed at times of war
through adherence to enemies or levying against the government.
6. Evading sentence during calamities (Art. 156)
7. Coup de ‘tat (Art. 134-A)
8. Sedition (Art. 139)
9. Direct and Indirect assault (Art. 148-149)
10. Estafa (Art. 171-172)
11. Offending religious feelings (Art. 133)
12. RA 9165 (given sections)
13. Remember the Acts of Falsification (Art. 171)
Article 114 – Treason
ELEMENTS:
a. That the offender owes allegiance to the Government of the Philippines
b. That there is a war in which the Philippines is involved
c. That the offender either –
1) Levies war against the government,
1. Breach of allegiance
2. Actual assembling of men
3. For the purpose of executing a treasonable design
2) Adheres to the enemies, giving them aid and comfort
4. Breach of allegiance
5. Adherence
6. Giving aid or comfort to the enemy

Article 122 – Piracy

2 Ways of Committing Piracy
1. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD
532)
2. By seizing the whole or part of the cargo of said vehicles, its equipment or
personal belongings of its complement or passengers
Elements of Piracy:
a) That a vessel is on the high seas/Philippine waters
b) That the offenders are not members of its complement or passengers of the vessel
c) That the offenders –
1. attack or seize that vessel or (hence, if committed by crew or passengers, the
crime is not piracy but robbery in the high seas)
2. seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers

Mutiny is the unlawful resistance to a superior officer, or the raising of commotions and
disturbances aboard a ship against the authority of its commander.

Elements of Mutiny:
1. The vessel is on the high seas or Philippine waters;
2. Offenders are either members of its complement, or passengers of the vessel;
3. Offenders either –
a) attack or seize the vessel; or
b) seize the whole or part of the cargo, its equipment, or personal belongings
of the crew or passengers.

Article 129 - SEARCH WARRANTS MALICIOUSLY OBTAINED

ELEMENTS:

a. That the offender is a public officer or employee

b. That he procures a search warrant
 c. That there is no just cause

Article 133 - Offending Religious Feelings

ELEMENTS:
1. Acts complained of were performed –
a) in a place devoted to religious feelings, or
b) during the celebration of any religious ceremony
2. Acts must be notoriously offensive to the feelings of the faithful;
3. Offender is any person; and
4. There’s a deliberate intent to hurt the feelings of the faithful, directed against religious
tenet.

Article 134 – Rebellion or Insurrection

ELEMENTS:
1. That there be a public armed uprising; and
2. That the purpose of the uprising or movement is either:
a) to remove from the allegiance to said government or its laws the territory of the
Philippines or any part thereof or any body of land, naval or other armed
forces, or
b) to deprive the chief executive or congress, wholly or partially, of any of their
powers or prerogatives.

Article 134-A Coup D’ Etat

ELEMENTS:
1. Offender is a person or persons belonging to the military, or police or holding any
public office or employment,
2. Committed by means of swift attack, accompanied by violence, intimidation, threat,
strategy or stealth;
3. Directed against:
a) duly constituted authorities of the Philippines
b) any military camp or installation
c) communication networks, public utilities or other facilities needed for the exercise
and continued possession of power
4. For the purpose of seizing or diminishing state power.

Article 139 – Sedition

ELEMENTS:
1. That the offenders rise –
a) Publicly (if no public uprising = tumult and other disturbance of public order)
b) Tumultuously (vis-à-vis rebellion where there must be a taking of arms)
2. That they employ force, intimidation, or other means outside of legal methods
3. That the offenders employ any of those means to attain any of the following objects:
a) to prevent the promulgation or execution of any law or the holding of any
popular election
b) to prevent the national government, or any provincial or municipal government,
or any public thereof from freely exercising its or his functions, or prevent the
execution of any administrative order
 c) to inflict any act or hate or revenge upon the person or property of any public
officer or employee
d) to commit for any political or social end, any act of hate or revenge against
private persons or any social class (hence, even private persons may be offended
parties)
e) to despoil, for any political or social end, any person, municipality or province,
or the national government of all its property or any part thereof

Article 148- Direct Assault

ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT:
1. That the offender employs force or intimidation.
2. That the aim of the offender is to attain any of the purposes of the crime of rebellion
or any of the objects of the crimes of sedition. (Victim need not be person in
authority)
3. That there is no public uprising.

ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT:

1. That the offender
(a) makes an attack,
(b) employs force,
(c) makes a serious intimidation, or
(d) makes a serious resistance.
2. That the person assaulted is a person in authority or his agent.
3. That at the time of the assault the person in authority or his agent
a) is engaged in the actual performance of official duties (motive is not essential), or
that he is assaulted
b) by reason of the past performance of official duties (motive is essential).
4. That the offender knows that the one he is assaulting is a person in authority or his
agent in the exercise of his duties (with intention to offend, injure or assault).
5. That there is no public uprising.

Article 149- Indirect Assault

ELEMENTS:
1. That a person in authority or his agent is the victim of any of the forms of direct
assault defined in ART. 148.
2. That a person comes to the aid of such authority or his agent.
3. That the offender makes use of force or intimidation upon such person coming to the
aid of the authority or his agent.

Article 152- PERSONS IN AUTHORITY/AGENTS OF PERSONS IN

AUTHORITY:

Persons in Authority – any person directly vested with jurisdiction, whether as an

individual or as a member of some court or governmental corporation, board or
commission.
Agent of Person in Authority – any person who, by direct provision of law or by
election or by appointment by competent authority, is charged with the maintenance of
public order and the protection and security of life and property.

Examples of Persons in Authority:

 Barangay captain
 Barangay chairman
 Municipal mayor
 Provincial fiscal
 Justice of the peace
 Municipal councilor
 Teachers
 Professors
 Persons charged with the supervision of public or duly recognized privateschools,
colleges and universities
 Lawyers in the actual performance of their professional duties or on the occasion
of such performance

Article 155ALARMS AND SCANDALS

TYPES:

a. Discharging any firearm, rocket, firecracker, or other explosive within any town or
public place, calculated to cause alarm or danger
b. Instigating or taking active part in any charivari or other disorderly meeting offensive
to another or prejudicial to public tranquility
c. Disturbing the public peace while wandering about at night or while engaged in any
other nocturnal amusement
d. Causing any disturbance or scandal in public places while intoxicated or otherwise,
provided the act is not covered by Art 153 (tumult).

Article 156- DELIVERING PRISONERS FROM JAILS

ELEMENTS :

a. That there is a person confined in a jail or penal establishment.

b. That the offender removes therefor such person, or helps the escape of such person (if
the escapee is serving final judgement, he is guilty of evasion of sentence).
c. Offender is a private individual
 Article 171- FALSIFICATION OF DOCUMENTS BY PUBLIC
OFFICER, EMPLOYEE, OR NOTARY OR ECCLESTASTICAL
MINISTER

Elements:

a. That the offender is a public officer, employee, or notary public.

b. That he takes advantage of his official position.
c. That he falsifies a document by committing any of the following acts:
1. Counterfeiting or imitating any handwriting, signature or rubric.

Requisites:

i. that there be intent to imitate, or an attempt to imitate

ii. that the two signature or handwritings, the genuine and the forged, bear
some resemblance, to each other
2. Causing it to appear that persons have participated in any act or proceeding
when they did not in fact so participate.
3. Attributing to persons who have participated in an act or proceeding statements
other than those in fact made by them.

Requisites:

i. That the offender caused it to appear in a document that a person/s

participated in an act or a proceeding; and
ii. That such person/s did not in fact so participate in the act or proceeding

4. Making untruthful statements in a narration of facts;

Requisites:

i. That the offender makes in a document statements in a narration of facts

ii. That he has a legal obligation to disclose the truth of the facts narrated by
him; (required by law to be done) and
iii. That the facts narrated by the offender are absolutely false; and
iv. That the perversion or truth in the narration off acts was made with the
wrongful intent of injuring a third person
5. Altering true dates. – date must be essential
6. Making any alteration or intercalation in a genuine document which changes its
meaning.

Requisites:

i. That there be an alteration (change) or intercalation (insertion) on a

document
ii. That it was made on a genuine document
iii. That the alteration/intercalation has changed the meaning of the
document
iv. That the change made the document speak something false.
7. Issuing in an authenticated form a document purporting to be a copy of an
original document when no such original exists, or including in such copy a
statement contrary to, or different from, that of the genuine original; ( if no
knowledge, falsification through negligence) or

The acts of falsification mentioned in this paragraph are committed by a public officer or
by a notary public who takes advantage of his official position as custodian of the
document. It can also refer to a public officer or notary who prepared and retained a copy
of the document. The falsification can be done in two ways. It can be a certification
purporting to show that the document issued is a copy of the original on record when no
such original exists. It can also be in the form of a certification to the effect that the
document on file contains statements or including in the copy issued, entries which are
not found on contrary to, or different from the original genuine document on file.

8. Intercalating any instrument or note relative to the issuance thereof in a

protocol, registry, or official book. (Genuine document)

Article 172 -FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL

DOCUMENT BY A PRIVATE INDIVIDUAL (par 1)

ELEMENTS

a. That the offender is a private individual or a public officer or employee who did
b. not take advantage of his official position.That he committed any of the acts of
falsification enumerated in ART. 171.
1. Counterfeiting or imitating any handwriting, signature or rubric.
2. Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participated.
3. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them.
4. Making untruthful statements in a narration of facts; Altering true dates.
5. Making any alteration or intercalation in a genuine document which
changes its meaning.

c. That the falsification was committed in any public or official or commercial

 document.

FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF PRIVATE

DOCUMENT

ELEMENTS :

a. That the offender committed any of the acts of falsification, except those in
paragraph 7 and 8, enumerated in art. 171.
b. That the falsification was committed in any private document (must affect the
truth or integrity of the document)
c. That the falsification caused damage (essential element; hence, no crime of estafa
thru falsification of private document) to a third party or at least the falsification
was committed with intent to cause such damage.

USE OF FALSIFIED DOCUMENT (par. 3, art. 172)

ELEMENTS:

a. Introducing in a judicial proceeding:

1. That the offender knew that a document was falsified by another person.
2. That the false document is embraced in art. 171 or in any subdivisions nos. 1 and 2
of art. 172.
3. That he introduced said document in evidence in any judicial proceeding. (intent to
cause damage not necessary)

b. Use in any other transaction:

1. That the offender knew that a document was falsified by another person.
2. That the false document is embraced in art. 171 or in any of subdivisions nos. 1
and 2 of art. 172.
3. That he used such documents (not in judicial proceedings).
4. That the use of the documents caused damage to another or at least was used with
intent to cause such damage.

Article 200 - GRAVE SCANDAL

ELEMENTS:
a. Offender performs an act
b. Act is highly scandalous as offending against decency or good customs
c. Highly scandalous conduct does not expressly fall within any other article of the
RPC
d. Committed in a public place or within the public knowledge or view. (The public
view is not required, it is sufficient if in public place. For public knowledge, it
 may occur even in a private place; the number of people who sees it is not
material).

Grave scandal: consists of acts which are offensive to decency and good customs. They
are committed publicly and thus, give rise to public scandal to persons who have
accidentally witnessed the acts

Article 203-WHO ARE PUBLIC OFFICERS:

a. Takes part in the performance of public functions in the Government, or

b. Performs public duties as an employee, agent or subordinate official in the gov’t
or any of its branches

Malfeasance – Doing of an act which a public officer should not have done

Misfeasance - Improper doing of an act which a person might lawfully do

Nonfeasance - Failure of an agent to perform his undertaking for the principal

Distinction between direct bribery and indirect bribery

Bribery is direct when a public officer is called upon to perform or refrain from
performing an official act in exchange for the gift, present or consideration given to him.

If he simply accepts a gift or present given to him by reason of his public position, the
crime is indirect bribery. Bear in mind that the gift is given "by reason of his office", not
"in consideration" thereof. So never use the term “consideration.” The public officer in
Indirect bribery is not to perform any official act.

Note however that what may begin as an indirect bribery may actually ripen into direct
bribery.

Illustration:

Without any understanding with the public officer, a taxi operator gave an expensive
suiting material to a BLT registrar. Upon receipt by the BLT registrar of his valuable
suiting material, he asked who the giver was. He found out that he is a taxi operator. As
far as the giver is concerned, he is giving this by reason of the office or position of the
public officer involved. It is just indirect bribery

If the BLT registrar calls up his subordinates and said to take care of the taxis of the taxi
operator so much so that the registration of the taxis is facilitated ahead of the others,
what originally would have been indirect bribery becomes direct bribery.

Article 210 - DIRECT BRIBERY

ELEMENTS:
 a. That the offender be a public officer within the scope of Art 203
b. That the offender accepts an offer or promise or receives a gift or present by
himself or through another
c. That such offer or promise be accepted or gift/present received by the public
officer (mere agreement consummates the crime)
1. with a view to committing some crime (delivery of consideration is not
necessary) or
2. in consideration of an execution of an act which does not constitute a
crime, but the act must be unjust (delivery of consideration is necessary),
or
3. to refrain from doing something which is his official duty to do
d. That the act which the offender agrees to perform or which he executes be
connected with the performance of his official duties

Article 211 - INDIRECT BRIBERY

ELEMENTS:

a. That the offender is a public officer.

b. That he accepts gifts.
c. That the said gifts are offered to him by reason of his office.

Article 212- CORRUPTION OF PUBLIC OFFICIALS

ELEMENTS:

a. That the offender makes offers or promises or gives gifts or present to a public officer.

b. That the offers or promises are made or the gifts or presents given to a public officer,
under circumstances that will make the public officer liable for direct bribery or
indirect bribery

Article 217- MALVERSATION OF PUBLIC FUNDS OR PROPERTY

ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS

OR PROPERTY :

a. That the offender be a public officer (or private person if entrusted with public funds
or connived with public officers)
b. That he had the custody or control of funds or property (if not accountable for the
funds, theft or qualified theft)
c. That those funds or property were public funds or property (even if private funds if
attached, seized, deposited or commingled with public funds)
d. That he:
1. Appropriated the funds or property
2. Took or misappropriated them
3. Consented or, through abandonment or negligence, permitted any other person to
take such public funds or property. (it is not necessary that the offender profited
 thereby. His being remiss in the duty of safekeeping public funds violates the
trust reposed)

Concept of Malversation

It consists in the misappropriation or conversion of public funds or property to one’s

personal use or knowingly, or through abandonment or negligence allowing other to use
or appropriate the same. The offender is made liable because of the nature of his duties
to take care of the funds or property entrusted to him with the diligence of a good father
of a family. He is accountable by virtue of the nature of his office to account for funds or
properties that come to his possession. If he is not accountable for the funds or properties
and he misappropriates the same, the crime will not be malversation but estafa under
Article 315.

Article 220 - ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical

malversation)

ELEMENTS:

a. That the offender is a public officer.

b. That there is public fund or property under his administration.
c. That such public fund or property has been appropriated by law or ordinance (without
this, it is simple malversation even if applied to other public purpose).
d. That he applies the same to a public use other than for which such fund or property
has been appropriated by law or ordinance.

Article 246 - PARRICIDE

ELEMENTS:

1. That a person is killed.

2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or
a legitimate other ascendant or other descendant, or the legitimate spouse of the
accused.

Article 247- DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL

CIRCUMSTANCES

Requisites:

1. A legally married person or parent surprises his spouse or daughter (the latter must be
under 18 and living with them) in the act of committing sexual intercourse with
another person
2. He/she kills any or both of them or inflicts upon any or both of them any serious
physical injury in the act or immediately thereafter
3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he
has not consented to the infidelity of the other spouse.
Article 248 - MURDER

ELEMENTS:

1. That a person was killed.

2. That the accused killed him.
3. That the killing was attended by any of the following qualifying circumstances

a. with treachery, taking advantage of superior strength, with the aid or armed
men, or employing means to weaken the defense or of means or persons to
insure or afford impunity

b. in consideration of price, reward or promise

c. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel,

derailment or assault upon a street car or locomotive, fall of airship, by means
of motor vehicles or with the use of any other means involving great waste or
ruin

d. on occasion of any of the calamities enumerated in the preceding paragraph, or

of an earthquake, eruption of a volcano, destructive cyclone, epidemic or any
other public calamity

e. with evident premeditation

f. with cruelty, by deliberately and inhumanely augmenting the suffering of the

victim or outraging or scoffing at his person or corpse

4. The killing is not parricide or infanticide.

Article 249 - HOMICIDE

ELEMENTS:
1. That a person was killed.
2. That the accused killed him without any justifying circumstances.
3. That the accused had the intention to kill, which is presumed.
4. That the killing was not attended by any of the qualifying circumstances of murder, or
by that of parricide or infanticide.

Article 263 - SERIOUS PHYSICAL INJURIES

How Committed

1. Wounding
2. Beating
3. Assaulting
4. Administering injurious substances

What are serious physical injuries:

1. Injured person becomes insane, imbecile, impotent or blind

2. Injured person –
a. loses the use of speech or the power to hear or to smell, loses an eye, a hand,
foot, arm or leg
b. loses the use of any such member
c. becomes incapacitated for the work in which he had been habitually engaged

3. Injured person –

a. becomes deformed
b. loses any other member of his body
c. loses the use thereof

Article - 265LESS SERIOUS PHYSICAL INJURIES

ELEMENTS:

1. That the offended party is incapacitated for labor for 10 days or more (but not more
than 30 days), or needs medical attendance for the same period of time
2. That the physical injuries must not be those described in the preceding articles

Article 266 - Slight Physical Injuries

3 Kinds:

a. That which incapacitated the offended party for labor from 1-9 days or required
medical attendance during the same period
b. That which did not prevent the offended party from engaging in his habitual work or
which did not require medical attendance (ex. Black-eye)
c. Ill-treatment of another by deed without causing any injury (ex. slapping but without
causing dishonor)
Review *rape*