SUGGESTED
REVIEW GUIDE
CRIMINAL LAW II
PROFESSOR I. M. GUTIERREZ III
SECOND SEMESTER, AY 2011-2012

BALAUAG, Kim / CASTRO, Jenna /

MARFIL, Jam / PLAZA, Paula/ SERZO, Lars /
TEVES, Thea / VILLAFUERTE, Aby

BLOCK D 2015

 

Title One – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF
NATIONS
1. Understand carefully the definition of treason and its component elements.
Distinguish the overt act from the intent. Identify the persons who may incur
liability. Bear in mind the two modes of commission. Understand how the two
witness rule applies, and note the exception to the rule.
Q: What is the definition of treason?
A: It is a breach of allegiance to the government, committed by a person who owes
allegiance to it. In general, it is the “violation by a subject of his allegiance to his
sovereign or liege, lord, or to the supreme authority of the State.”
Q: What does allegiance mean?
A: It is the obligation of fidelity and obedience an individual owes to the government
or sovereign in return for the protection he/she receives. It can be classified into
permanent/absolute (for Filipino citizens) and temporary (for resident aliens).
Q: What are the elements of Treason under Art. 114?
A: Elements of Treason:
1. That the Offender is a Filipino citizen or an alien residing in the Philippines;
2. That there is a War in which the Philippines is involved;
3. That the offender either—
a. Levies war against the government, or
b. Adheres to the enemies (intent), giving them aid or comfort (overt act)
Q: Who may incur liability for treason?
A: Filipino citizens and resident aliens of the Philippines
On Element #1: How can one prove Filipino citizenship? (Some possible
answers)
1. Prison records which set out personal circumstances properly identified as
supplied by the accused himself.
2. Testimony of witnesses who knew that the accused has been born in the
Philippines with Filipino parents.
On Element #2: Can Treason be committed in time of peace?
● No. Treason is a war crime and is not an all-time offense. There are no
traitors during peace time. The law of treason is an emergency measure
and remains dormant until emergency arises.
● Though it should be noted that NO formal declaration of war is necessary
in order that parties be guilty of levying war against the Government. Actual
hostilities may determine the date of the commencement of war.
On Element #3: What are the modes of committing treason?
1. FIRST MODE OF COMMISSION: Levying war against the government.
a. Levying war requires that (1st): there is an actual assembling of
men (2nd): for the purpose of executing a treasonable design by
force. Actual enlistment of men to serve against the government
 PAGE 2
DOES NOT amount to levying war because there is no actual
assembling of men.
b. (3rd): There must be intent to overthrow the government, not
merely resistance to a statute or a particular officer. Those who
rise publicly during war to inflict an act of hate or revenge upon
the persons of public officers do NOT commit treason because
the public uprising is not directed against the government.
c. It should be noted that if the levying of war is merely a civil
uprising—that is, without intent to help an external enemy—the
crime is not treason but may be considered only as rebellion
because (4th): there should be collaboration with a foreign
enemy to qualify levying war.
d. Note that ALL these 4 requirements should be present!
2. SECOND MODE OF COMMISSION: Adhering to the enemies (intent), giving
them aid or comfort (overt act).
(IMPORTANT) General rule on intent and overt act: Adherence (intent) alone, say
emotional or intellectual attachment or sympathy to the enemy, without giving them
actual comfort or aid (overt act) does NOT constitute treason. In the same way, an
act which may appear to give aid or comfort but without showing of adherence to the
enemy also does NOT constitute treason.
a. The second mode can be divided into two parts, the first being:
“Adherence to enemy”, which means intent to betray.
● NOTE: The two-witness rule is NOT required here.
● How can adherence be proved then?
i. By one witness,
ii. From the nature of the act itself, or
iii. From the circumstances surrounding the act.
What is considered as What is NOT considered as “adherence”
“adherence”(intent)
Acceptance of a position which is Mere acceptance of a public office and
highly responsible and policy- discharge of official duties, such as
determining on part of the government work, pilotage service, or being a
invader is considered adherence policeman under the Japanese regime do not
to the enemy. constitute treason per se absent the showing of
adherence to the cause of the enemy, such
acting as a spy.
b. “Aid or comfort”, the second part of the second mode of
committing treason, is an act which strengthens or tends to
strengthen the enemy in the conduct of war against the traitorʼs
country or that which weakens or tends to weaken the power of
the traitorʼs country to attack the enemy. However, drawing the
line between treasonable and untreasonable design is not easy
as they depend upon their nature, degree, and purpose. In
general, it must render assistance to the enemies as enemies
(giving them support to wage war against the Philippines) and
CRIIMINAL LAW 2 FINALS REVIEWER / PROF. I.M. GUTIERREZ III / SECOND SEMESTER, AY 2011-2012
BALAUAG / /CASTRO / MARFIL / PLAZA / SERZO / TEVES / VILLAFUERTE (D2015)
not as individuals (borne out of charity/ “awa” to aid an
individual Japanese) and must be in furtherance of their hostile
designs.
What is considered as “aid or comfort”
(overt act)
A deed or physical action, such as furnishing
the enemies with arms, troops, information
or means of transportation is considered
giving aid or comfort. There should be a
showing of intent not merely negligence.
Mere membership to the Makapili is an overt
act of psychological comfort to the enemies
as it furnishes aid to the causes advanced
by the Japanese forces.
Though being a policeman under the
Japanese regime does not constitute
treason, a policeman who accompanied
Japanese soldiers to the abode of guerilla
leaders with him personally forcing the
leaders to disclose their connections to the
guerilla constitute treason.
Giving information to the enemy, such as
being an informer, agent, spy, or active
member of the Japanese Military Police as
well as being a “finger-woman” or pointing
out to the Japanese who are considered
guerillas are considered overt acts.
What is NOT considered as “aid or
comfort”
Thoughts or those merely a mental
operation do NOT constitute aid or
comfort. However, an act which
intentionally gives psychological
comfort to the enemy may be
considered treasonable.
Acceptance of an appointment from
the KKK, there nothing else having
been done, is not an overt act of
treason.
The commandeering of women to
satisfy the lust of the Japanese forces
is not considered treasonable, even if
it helped boost the spirit of the
enemies. It was merely “trivial,
imperceptible, and unintentional”.
The sale of alum crystals and water
pipes may give enemies aid or
comfort, but if there is no evidence of
intent to betray, the person making
the sale is not guilty of treason.
● The defendant should be acquitted if only one of the two witnesses is
believed by the court. Every act, movement, deed, and word of the
defendant charged to constitute treason must be supported by the
testimony of two witnesses.
Exception to the two-witness rule:
● Conviction for treason does NOT ALWAYS require the two-witness rule.
● Confession of guilt made in an open court could ALSO convict a person
for treason. However, the confession should not merely be an “admission
of facts” wherein an accused, for example, just narrates how he was forced
to join the enemies.There should be a plead of guilt before a judge while
actually hearing a case.
2. Note the distinction between the status/personal circumstances of the
perpetrator in treason as opposed to that in misprision of treason. What is the
specific duty violated in misprision of treason?
What are the elements of Misprision of Treason under Art. 116?
1. Offender owes allegiance to the government, and is not a foreigner;
2. He has knowledge of conspiracy to commit treason against the
government;
3. He conceals or does not disclose and make known the same as soon
as possible to the governor or fiscal of the province in which he resides, or
the mayor or fiscal of the city in which he resides.
Q: Who are liable under Art. 116?
A: Only citizens of the Philippines. Foreigners are not included. (UNLIKE in Art.
114)
Will a person be liable for Misprision of Treason if he did not report the
incident to the officers cited in Art. 116?
● The persons mentioned in Article 116 are NOT limited to mayors, fiscals or
governors. Any person in authority having equivalent jurisdiction, like a
provincial commander, will already negate criminal liability.

Commandeering foodstuffs for the enemy is If treason has already been committed, can a person still be liable?
evidence of both adherence and aid or ● NO! Art. 116 speaks of “knowledge of conspiracy TO COMMIT treason”
comfort. and NOT knowledge of treason already committed by another.

Q: What is the specific duty violated in Misprision of Treason?

On the two-witness rule:
(This is ONLY APPLICABLE to the “AID OR COMFORT” PART of the second
mode, NOT TO “ADHERENCE”)
● NOTE: The testimony of two witnesses is required to prove the overt act
of giving aid or comfort. However, the 2 witnesses must refer to only to
one same act—that is, in the same place and moment of time. It
cannot be that one witness will attest to one act and another witness will
attest to that of another act.
● OVERT ACT is the physical activity or deed that constitutes the
rendering of aid or comfort.
● The two-witness rule is severely restrictive, but is not affected by
discrepancies in minor details of the testimony. It is also NOT required that
the testimonies be identical or corroborative, being uniform is sufficient.
A: It is the duty of one who owes allegiance to the government, with exception of
foreigners, to disclose and make known his knowledge of a conspiracy to be
committed against the government. To put it simply, it is the failure of the duty a
citizen to prevent treason from happening to the government by which he owes
allegiance.
IMPORTANT NOTE: If there is no war, can one still be liable for Misprision of
Treason?
● NO! It should be noted that Articles 114-116 require that there be a war in
which the Philippines is involved, even though this is not a cited element
under Art. 116. In the absence of war, a conspiracy to overthrow the
government is a crime of rebellion. However, if one fails to disclose a
conspiracy to overthrow the government in the ABSENCE of war, there is

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NO CRIME since there is no crime of Misprision of Rebellion. (This was 1. Act 1: Unlawfully obtaining or permitting to be obtained information
asked in the 1994 Bar exams.) affecting national defense (Sec. 1);
a. Going upon or flying upon vessels, aircrafts, work of defense or
other place connected with national defense for purpose of
3. Distinguish between espionage under the Art. 117 (RPC) and CA 616 (An Act obtaining information and using it to the injury of the Philippines.
to Punish Espionage and Other Offenses against the National Security, 1941). b. Copying or taking of sketches, photographs, photographic
negatives, blue prints, plans, map instruments, appliances,
GENERAL SUMMARY OF DIFFERENCE documents, writings or notes of anything connected with national
Article 117 CA 616 defense. with same intent in (a.)
c. Receiving or obtaining form any sources those mentioned in (b.)
● There are only 2 ways by ● There are A LOT of ways to be punished. plus code books or signal books knowing it is contrary to the Act.
which a person can be ● There IS conspiracy to commit espionage d. Communicating or attempting to communicate those items under
punished. under CA 616! under (b.) and (c.)
● There is NO conspiracy to
● Penalty could be as high as death if certain e. Through gross negligence, permitting those items under (b.) and
commit espionage under
acts are done during wartime. (c.) to be lost, stolen or destroyed when the offender is entrusted
Art. 117.
● Penalty is up to prision ● No distinction was made with regard to the with their lawful possession.
correccional only for private liability of public and private individuals. 2. Act 2: Unlawful disclosing of information affecting national defense (Sec.
● Though not labeled as “misprision” (which 2);
persons while the next
actually means concealment), under Sec. 5, a. Communicating to any foreign government or country the data
higher in degree is applied
whoever harbors or conceals any person mentioned in Sec. 1 (b) and (c). If this is committed during
for a public officer or
who he knows, or has reasonable ground to wartime, offender may suffer 30 years of imprisonment to death.
employee.
believe or suspect, has committed, or is b. Collecting data during war time for the use of the enemy. This is
● Public officers have higher
about to commit, an offense under CA 616, also punishable by 30 years of imprisonment to death.
liability
shall be punished by imprisonment of not 3. Act 3: Disloyal acts or words in times of peace (Sec. 3);
● There is no misprision of
more than 10 years and may, in addition, be a. Causing disloyalty, mutiny or refusal of duty by any member of
espionage.
the military, naval or air forces of the Philippines.
fined not more than P10K.
b. Distributing any written or printed matter that counsels or urges
insubordination, disloyalty, mutiny or refusal of duty for the same
Q: What are the two modes of committing espionage and their corresponding intent in Sec. 3 (a)
elements? Note: This CAN BE MISTAKEN as insurrection or sedition BUT the intent
A: here is to interfere with the loyalty of the military, naval, or air forces of the
First Mode: By entering, without authority therefore, a warship, fort or naval or Philippines (or the US)
military establishment or reservation to obtain any information, plans, 4. Act 4: Disloyal acts or words in times of war (Sec. 4);
photograph or other data of a confidential nature relative to the defense of the a. Making or conveying false reports or false statements with intent
Philippines. to interfere with the operation of or success of the AFP.
Elements: b. To promote the success enemies by causing or attempting to
1. That the offender Enters any of the places mentioned therein; cause insubordination, disloyalty, mutiny or refusal of duty in the
2. That he has No authority therfor; AFP.
3. That his Purpose is to obtain information, plans, photographs or other date c. By willfully obstructing the recruiting or enlistment service.
of a confidential nature relative to the defense of the Philippines. 5. Act 5: CONSPIRACY to violate preceding sections (Sec. 5);
Second Mode: By disclosing to the representative of a foreign nation the ELEMENTS
contents of the articles, data or information referred to in paragraph 1 of Article 117, a. 2 or more conspire to violate either Sec. 1, 2, 3, or 4.
which he had in his possession by reason of the public office he holds. b. 1 or more of the accused do any act to effect the object of
Elements: conspiracy (Penalty: crime of one, crime of all)
1. That the offender is a Public officer; 6. Act 6: Harboring or concealing violators of law (Sec. 6)
2. That he has in his Possession the articles, data or information referred to in ELEMENTS
the first paragraph 1 of Art. 117 a. Offender knows a person to have committed or is about to
1. That he discloses their contents to a representative of a foreign nation. commit an offense under CA 616.
b. The offender harbors or conceal such person.
Under CA 616, what are the other ways of committing espionage? 7. Act 7: Using or permitting the use of an aircraft for the purpose of making a
photograph, sketch, etc of vital installations of the AFP. (Sec. 9)

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8. Act 8: Reproducing copies of vital military, naval or air post, camp or
station, withour permisison of the commanding officer. (Sec. 10) of the vessel; only be done by
9. Act 9: Injuring or attempting to injure war materials, premises, and utilities pirates and NOT
when Philippines is at war. (Sec. 11) by mutineers.
10. Act 10: Making or causing war materials to be made in a defective manner
when the Philippines is a at war (Sec. 12) ACTS OF Offenders Offenders Offenders Offenders either
11. Act 11: Destroying national defense material, premises, or utilities. (Sec. OFFENDE either – either – either (a.) Attack upon
13) R (a.) Attack or (a.) Attack or (a.) Attack or seizure of any
seize a seize a vessel; upon or vessel, or
12. Act 12: Making or causing to be made in a defective manner, or attempting
vessel; (b.) Seize in seizure of any (b.) Or take away
to make or cause to be made in a defective manner, national defense
(b.) Seize in the vessel the vessel, of the whole or
material. (Sec. 14)
the vessel whole or part (b.) Or take part thereof or its
the whole or of its cargo, its away of the cargo,
4. Know the distinction between piracy, mutiny, and robbery on the high seas.
part of its equipment or whole or part equipment, or the
Note the circumstances that qualify piracy. Can they also be applied to
cargo, its personal thereof or its personal
mutiny? Comprehend fully the doctrine in People v. Lol-lo, et al.
equipment or belongings of cargo, belongings of its
personal its equipment, or complement or
● Piracy under Art. 122 is different from Piracy under PD 532. However, both
belongings of complement or the personal passengers,
harmoniously exist; they donʼt contradict each other. its passengers; belongings of irrespective of
● It should be noted that Section 4 of PD 532 punishes any person who complement its the value thereof.
knowingly and in any manner aids or protects pirates or highway or complement
robbers/brigands, such as giving them information about the movement of passengers; or
passengers,
police or other peace officers of the government, or acquires or receives
irrespective of
property. They are considered accomplices.
the value
● The old case of People v. Lol-lo doctrine: Piracy is a crime against thereof.
mankind. It can be punished in a competent tribunal court of any country
where the offender may be found or into which he may be carried. It does Other There is Intention may There is The preceding
not matter that the crime was committed within the jurisdictional 3-mile limit Elements intent to gain, only be to violence were committed
of a foreign state. which is an ignore the against or under any of the
essential shipʼs officers intimidation of following
● The definition of piracy was also given in People v. Lol-lo: Piracy is robbery
element. or prompted persons or circumstances:
or forcible depredation on the high seas, without lawful authority and done by a desire to force upon (a.) Seizure was
animo furandi (intention to steal), and in the spirit and intention of universal commit things. done by firing
hostility. plunder upon the vessel
(b.) Pirates have
abandoned their
PIRACY MUTINY PIRACY QUALIFIED victims without
(RPC 122) (RPC 122) (PD 532) PIRACY means of saving
(RPC 123) them; OR
(c.) When the
Location Philippine Philippine Philippine Philippine waters crime is
of Vessel waters or waters or high waters only or high seas accompanied by
high seas seas murder,
homicide,
Offenders Offenders Offenders are Offenders are Offenders are physical injuries,
are NOT MEMBERS of ANY persons. ANY persons. or rape.
members its Could be But some acts
(strangers) of complement or pirates/strang are specific, like When is there “Robbery on the High Seas”?
its PASSENGER ers or “abandonment by ● “Robbery on the High Seas” may be seen as a “loophole” of PD 532 and
complement S of the members/pas pirates” as well Art. 122, making it a DISTINCT CRIME from piracy. It occurs when robbery
nor vessel; sengers. as the seizure by
is committed (1.) on the high seas (2.) by a member/ passenger of the
passengers firing which can

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vessel. If such elements concur, a supposedly act of piracy is treated passengers and cargo registry”. For Philippine registry, hijacking is
merely as common robbery by virtue of technicality of the law. from one place to ONLY possible when the aircraft is in flight.
● First, the act cannot be classified as piracy under PD 532 because under another through For foreign registry, hijacking is possible
the Act, the vessel is required to be on Philippine waters, not on the high Philippine waters. It shall even if not in flight.
include ALL kinds and - In carrying explosives, there is also the
seas. If the vessel were on Philippine Waters, then the act of robbery could
types of vessels or boats distinction between public utility aircrafts
be classified as Piracy since PD 532 covers ANY person. used in fishing. (passenger and cargo) and private aircrafts.
● On the other hand, Piracy under Art. 122, even if it covers both high seas Only those carrying explosives under public
and Philippine waters, only applies if a STRANGER seizes in the vessel utility aircrafts are penalized.
the whole or part of its cargo, its equipment or personal belongings of its Acts of the Offenders either – Offenders either—
complement or passengers. offender (a.) attack or seize a (a.) Compel a change in the course or
● However, when the seizure is done by a MEMBER/PASSENGER of the vessel; or destination of an aircraft of Philippine
vessel, the limitation of the law sets in and NO PIRACY is committed but registry, or to seize or usurp the control
rather just “Robbery on the High Seas”. This is because Art. 122 only (b.) seize in the vessel thereof, while it is in flight, or (HIJACKING)
explicitly punishes “any person who is NOT a member or passenger of the the whole or part of its
vessel”. cargo, its equipment or (b.) Compel an aircraft of foreign registry to
personal belongings of land in Philippine territory or to seize or
● Though it appears that there is no limitation with regard to the territoriality
its complement or usurp the control thereof while it is within
of piracy—it being a crime against mankind and as a result of the passengers; the said territory. (HIJACKING)
amendment done to Art. 122 to cover both high seas and Philippine waters
in the crime of Piracy —when the status of the offender is questionable, the c. Carriage, shipping, or loading of
limitation of the law sets in to favor him. explosives in any passenger aircraft
● operating as a public utility. (NOT REALLY
HIJACKING PER SE, but it is PUNISHED
Offender Purpose
under RA 6235)
Piracy External / attack Intent to gain
Can it be YES, there is YES, there is QUALIFIED HIJACKING
is from the
qualified? QUALIFIED PIRACY under the following circumstances:
outside
under the following (a.). When offender has fired upon the pilot,
Mutiny Crew / passenger Unlawful resistance to superior officer, raising of
circumstances: member of the crew or passenger of the
commotion and disturbances against commanderʼs
(a.) Seizure was done aircraft;
authority; intent to gain NOT an element
by firing upon the (b.) Whenever offender exploded or
Robbery Crew / passenger Intent to gain vessel; attempted to explode any bomb or explosive
(b.) Pirates have to destroy the aircraft; or
5. Note the definition of hijacking, and identify its differences/similarities to abandoned their victims (c.). When crime is accompanied by murder,
piracy. without means of saving homicide, serious physical injuries or rape.
them; OR (c.) When
Q: What is hijacking? the crime is
A: Hijacking is a term which immediately conjures the image of a group of heavily accompanied by murder,
armed and determined men and women holding up an airplane, ship, bus, van or homicide, physical
other vehicle in order to achieve their nefarious objective (FFIC v. Constantino). injuries, or rape.
Hijacking is also another kind of piracy which is committed in an aircraft. It is
prohibited by RA 6235, the Anti Hijacking Law. Rules on No rules. It shall be unlawful for any person, natural
carrying or juridical, to ship, load or carry in any
Piracy Hijacking explosives, passenger aircraft operating as a public
Offenders There is distinction with There is NO such distinction between flammable, utility within the Philippines, and explosive,
strangers and members strangers and members or passengers. corrosive flammable, corrosive or poisonous
or passengers. There is distinction, however, between or substance or material.
natural or juridical persons. Juridical poisonous
persons could be liable for carrying materials.
explosives in any passenger aircraft Can it be Yes. Yes.
operating as a public utility. used for
Vessel/ ANY vessel or watercraft -There is distinction between “aircraft of terrorism?
Aircraft used for transport of Philippine registry” and “aircraft of foreign What It is only qualified (if due On top of the other penalties, the offender

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happens to the firing of the may ALSO be liable for damage to property
when there pirates). under the RPC if it is DUE to the explosives
is damage shipped, carried, or loaded. This is a
to property separate prosecution.
due to
explosives
? of the prosecutor and its supporting evidence. He may immediately dismiss
Q: Is the “in flight” requirement applicable to aircrafts of Philippine registry?
A: Yes, before the anti-hijacking law can apply, the aircraft must be in flight,
specifically, for aircraft of Philippine registry. If not in flight, whatever crimes
committed shall be governed by the Revised Penal Code. The correlative crime may
be one of grave coercion or grave threat. If somebody is killed, the crime is homicide
or murder, as the case may be. If there are some explosives carried there, the crime
is destructive arson. Explosives are by nature pyro-techniques. Destruction of
property with the use of pyro-technique is destructive arson. If there is illegally
possessed or carried firearm, other special laws will apply.
Q: Is the “in flight” requirement applicable to aircrafts of foreign registry?
A: No, the law does not require that it be in flight before the anti hijacking law can
apply. This is because aircrafts of foreign registry are considered in transit while they
are in foreign countries. Although they may have been in a foreign country,
technically they are still in flight, because they have to move out of that foreign
country. So even if any of the acts mentioned were committed while the exterior
doors of the foreign aircraft were still open, the anti hijacking law will already govern.
Q: When is an aircraft in flight?
A: From the moment all its external doors are closed following embarkation until any
of such doors is opened for disembarkation. This means that there are passengers
that boarded. So if the doors are closed to bring the aircraft to the hangar, the aircraft
is not considered as in flight. The aircraft shall be deemed to be already in flight even
if its engine has not yet been started.
Title Two – CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
1.Understand the basic concept of crimes punished under this title.
• Crimes under this title are those which violate the Bill of Rights accorded to
the citizens under the Constitution. Under this title, all the offenders are
public officers, except as to the last crime – offending the religious feelings
under Article 133, which refers to any person. The public officers who may
be held liable are only those acting under supposed exercise of official
functions
• In its counterpart in Title IX (Crimes Against Personal Liberty and Security),
the offenders are private persons. But private persons may also be liable
under this title as when a private person conspires with a public officer.
What is required is that the principal offender must be a public officer.
Thus, if a private person conspires with a public officer, or becomes an
accessory or accomplice, the private person also becomes liable for the
same crime. But a private person acting alone cannot commit the crimes
under Article 124 to 132.
2. Understand the basic framework governing arrests. What is an arrest? Are
there exceptions to the general rule? Note the specific elements of arbitrary
 PAGE 7 CRIIMINAL LAW 2 FINALS REVIEWER / PROF. I.M. GUTIERREZ III / SECOND SEMESTER, AY 2011-2012
detention. Who may commit this crime? How is it distinguished from
kidnapping/serious illegal detention?
Sec. 6. 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
the case if 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.chan robles virtual law
library
b. By the Municipal Trial Court. – When required pursuant to the second
paragraph of section of this Rule, the preliminary investigation of cases
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 and 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 them proceed in the
exercise of its original jurisdiction.
Q: What is the definition of arrest?
A: Arrest is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense. (Section 1, Rule 113)
Q: Are there exception to the general rule on arrest with warrant?
A: Yes, those enumerated in Rule 113, ROC governing warrantless arrest made by
an officer:
1. When the person to be arrested has committed, is actually committing, or is
about to commit an offense in his presence;
2. When an offense has in fact been committed, and he has reasonable
ground to believe that the person to be arrested has committed it;
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3. When the person to be arrested is a prisoner who has escaped from a 4. Extrajudicial Confession
penal establishment or place where he is serving final judgment or a. Shall be in writing
temporarily confined while his case is pending or has escaped while being b. Signed in the presence of counsel or upon valid waiver
transferred from one confinement to another. 5. Waiver under RPC 125
a. Shall be in writing
ARBITRARY DETENTION b. Signed in the presence of counsel
1. That the offender is a public officer or employee (whose official duties 6. Visits – Any person arrested or detained shall be allowed visits by or
include the authority to make an arrest and detain persons); conferences with:
2. That he detains a person; and a. Any member of his immediate family
3. That it was without legal grounds. b. Any medical doctor or priest or religious minister chosen by him
or by any member of his immediate family or by his counsel
Q: Who may commit the crime of arbitrary detention? c. Any national non-governmental organization (NGO) duly
A: Public officers who are vested with authority to detain or order the detention of credited by the Commission on Human Rights
persons accused of a crime (i.e. policeman, judges, mayor, barangay captain, d. Any international non-governmental association (NGO) duly
municipal councilor) accredited by the Office of the President

Q: How is arbitrary detention distinguished from kidnapping/serious illegal 5. In violation of domicile, note the difference between entry “against the will
detention? of the owner” and entry “without the ownerʼs consent. Understand the three
A: Arbitrary detention is committed by a public officer with authority to detain or arrest different circumstances contemplated in this article.
a person while kidnapping/serious illegal detention is committed by a private person/
Q: What is the difference between against the will of the owner and without the
3. Note the periods under Article 125. Bear in mind the newer, extended period ownerʼs consent?
under the Human Security Act of 2007. Understand the definition of “delivery.” A: Entry against the will of the owner contemplates a situation wherein there is
Does this article apply to all arrests? Why or why not? express or implied opposition or prohibition by the owner. On the other hand, entry
without the consent of the owner occurs when there is no opposition or prohibition
Allowable Period of Detention Penalty for the Crime from the owner.
12 hours Light penalties (or equivalent)
18 hours Correctional penalties (or equivalent) VIOLATION OF DOMICILE
36 hours Afflictive or capital penalties (or equivalent) 1. That the offender is a public officer or employee;
2. That he is not authorized by judicial order to enter the dwelling and/or to
Q: What is the period provided for under the Human Security Act of 2007? make a search therein for papers or other effects; and
A: Not more than three (3) Days 3. That he commits any of the following acts:
a. entering any dwelling against the will of the owner thereof;
Q: What is the definition of delivery? b. searching papers or other effects found therein without the
A: Delivery does not mean physical delivery of the person detained to judicial previous consent of such owner;
authority. Delivery is done when there is a making of an accusation or charges or c. refusing to leave the premises, after having surreptitiously
filing of information against the person arrested with the proper court or judge. entered said dwelling and after having been required to leave the
same.
Q: Does Article 125 apply to all arrests?
A: No, it does not apply to arrest made by virtue of a valid warrant of arrest since the 6. Bear in mind the rules for applying/executing a search warrant. Note the
person detain was already detained by a complaint or information filed against him? exceptions discussed in class. Note the two requirements expounded upon by
the Court in Stonehill v. Diokno and Burgos v. Chief of Staff.
4. Note the rules under RA 7438.
Q: What is a search warrant?
Important Rules: A: Rule 126, Sec. 1 (Search and Seizure) defines a search warrant as “an order in
1. On counsel – Person arrested, detained, or under custodial investigation writing issued in the name of the People of the Philippines, signed by a judge
shall at all times be assisted by counsel and directed to a peace officer, commanding him to search for personal
2. Miranda Rights property described therein and bring it before the court.”
3. Custodial Investigation Report
a. Shall be reduced to writing Q: What is the concept of a search warrant?
b. Signed or thumbmarked A: It is a criminal process akin to a mode of discovery
c. Read and adequately explained to person detained or arrested in ● It is a special and peculiar remedy, which is drastic in nature.
a language or dialect known to him

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Q: Where should one file an application for search warrant? • People vs. Baes – Whether or not the act complained is offensive to the
A: Rule 126, Sec. 2 states that a search warrant shall be filed with the following religious feeling must be adjudged only according to the feelings of
• Any court within whose territorial jurisdiction a crime was committed members of that particular religion
• HOWEVER, FOR COMPELLING REASONS stated in the application, • People vs. Tengson – Whether or not the act is offensive to the religious
any court within the judicial region where the crime was committed if feelings should not be made upon more or less broad on narrow
the place of the commission of the crime is known, or any court within the conceptions of a particular religion but should be gauged having in view the
judicial region where the warrant shall be enforced. nature of the acts committed and after scrutiny of all the facts and
• EXCEPTION: However, if the criminal action has already been filed, circumstances which should be viewed through the mirror of an unbiased
the application shall only be made in the court where the criminal judicial criterion (Justice Laurelʼs Dissent in People vs. Baes)
action is pending.
 For #2: For example, a drug syndicate keeps his drugs in a warehouse in Q: What are its implications as to the burden of proof required for conviction?
Pasay for the reason that it has connections in Pasay and can easily A: The Baes doctrine requires only a showing of proof that a specific religion will be
get a tip when the police officers will file for a search warrant. To offended by the act. On the other hand, the ruling in Tengson requires a broader
avoid the drug syndicate from getting a tip of the impending search, basis for conviction and does not rely on any specific religion. In other words, burden
the police officers apply for a search warrant in Makati stating the of proof required in Tengson is stricter than that of Baes.
compelling reason.
Title Three – CRIMES AGAINST PUBLIC ORDER
Q: What are the requisites for a valid search warrant?
A: 1. Distinguish between rebellion, insurrection, coup dʼetat, and sedition.
• Probable cause is present;
• Such presence is determined personally by the judge;
• The complainant and the witnesses he or she may produce are personally
examined by the judge, in writing and under oath or affirmation; Rebellion Insurrection Coup dʼetat Sedition
• The applicant and the witnesses testify on facts personally known to them;
and Nature of Public order Public order Public order Public order
• The warrant specifically describes the person and place to be searched crime
and the things to be seized.
Description Object of Seeks to Raising of
JURISPRUDENCE movement is merely effect commotions or
to completely some change disturbances in
Stonehill vs. Diokno overthrow of minor the State which
● A warrant shall be issued ONLY UPON PROBABLE CAUSE, to be and importance or leads to a
determined by the judge in the manner set forth in the Constitution supersede to prevent the violation or
● A warrant shall PARTICULARLY DESCRIBE the things to be seized. the existing exercise of engendering of
● A warrant can be issued only for ONE SPECIFIC offense. government governmental public peace
Burgos vs. Chief of Staff authority with
● PARTICULARITY: When addressed to a newspaper publisher or editor, the respect to
application for a warrant must contain a specification stating with particular
particularity the alleged subversive materials he has published or intending matters
to publish. Broad statement in the application is a mere conclusion of law
and does not satisfy the requirement of probable cause. Persons Any person: Any person: Person Any person:
● PROBABLE CAUSE: Probable cause for a search is defined as such facts liable leader, leader, belonging to leader,
and circumstances which would lead a reasonably discreet and prudent participant, participant, military or police participant,
man to believe that an offense has been committed and that the objects person person or holding public person deemed
sought in connection with the offense are in the place sought to be deemed deemed office or leader
searched. leader leader employment

7. Understand the specific definition for “offending the religious feelings” Purpose (1)To remove (1)To remove Seizing or (1) Prevent the
provided in jurisprudence. What is the prevailing doctrine? What are its from the from the diminishing promulgation or
implications as to the burden of proof required for conviction? allegiance of allegiance of state power execution of any
Government: Government: law or holding of
Definition of “Offending the Religious Feelings” territory or territory or any popular
any body of any body of election (2) To

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land, naval or land, naval or prevent the network, public
other armed other armed National utilities or
forces, or forces, or Government or facilities needed
(2) To (2) To deprive any provincial or for exercise and
deprive the the Chief municipal continued
Chief Executive or government or possession of
Executive or Congress, any public power
Congress, wholly or officer thereof
wholly or partially, of from freely Also Proposal, Proposal, Proposal, Conspiracy,
partially, of any of their exercising its or punishes conspiracy, conspiracy, conspiracy inciting to
any of their powers or his functions or inciting to inciting to
powers or prerogatives prevent the
prerogatives execution of any
administrative 2. Note the rule in People v. Hernandez, as applied in Enrile v. Salazar and
order (3) To Enrile v. Amin. Is this doctrine still in force in the wake of the amendments to
inflict any act of the law? Why or why not?
hate or revenge
upon person or Hernandez doctrine (1956): prohibits rebellion being complexed with any other
property of offense committed on the occasion thereof, either as a means or intended effect
public officer or
employee (4) To Enrile vs Salazar reiterated and reaffirmed the Hernandez doctrine: rebellion cannot
commit, for any be complexed with common crimes which are committed in furtherance thereof
political or social because such crimes are absorbed in rebellion
end, any act of Enrile vs Amin: All crimes, whether punishable under special law or RPC, which are
hate or revenge components or ingredients or committed in furtherance thereof, become absorbed in
against private the crime of rebellion and cannot be isolated and charged as separate crimes in
persons or any themselves.
social class (5)
To despoil, for RA 6968 “An Act Punishing the crime of Coup dʼetat” amended Art. 134, 135
any political or and 136 of the RPC (1990)
social end, any à Supreme Court noted that rebellion cannot be conveniently utilized as an umbrella
person, for every illegal activity undertaken during rebellion
municipality or à Due to this amendment, common crimes involving killings, serious violence,
province, or the robberies and/or destruction of property, even though committed in furtherance of
National rebellion, shall bring about the complex crime of Rebellion with Homicide, Rebellion
Government of with Robbery, Rebellion with Arson or Rebellion with Serious Physical Injuries.
all or part of its
property Note: Due to RA 6968, there is no legal impediment to prevent the complexing of
rebellion with crimes listed above, however, Supreme Court has yet to overturn the
Overt acts (1) Public (1) Public Swift attack Public and Hernandez doctrine.
uprising and uprising and accompanied by tumultuous
(2) taking (2) taking violence, uprising 3. Note the rule in People v. Dasig. Under what circumstances may this
arms against arms against intimidation, employing force, doctrine be applied?
the the threat, strategy intimidation or
Government Government or stealth other means In People vs Dasig, the court convicted the accused of simple rebellion and not
AGAINST (1) outside legal murder. It took into account that Dasig voluntarily confessed (during the interrogation)
duly constituted methods his membership with the sparrow unit and his participation in the killing of the police
authorities (2) officer.
military camp or · Sparrow unit is the liquidation squad of the NPA with the objective of
establishment overthrowing the duly constituted government. Killing of the officer, with
(3) knowledge that he was a person in authority, was in furtherance of this objective
communication

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Contrast with People vs Lovedioro: accused claimed he should be charged with
Rebellion in the appeal because of mere membership in the NPA.
· Alleged NPA membership was used as a means to mitigate penalty (not in
extra-judicial confession; only an afterthought)
· No explanation as to what contributed to the killing or how this would
further political aim of rebellion
4. Bear in mind the definition of inciting to sedition. Understand the
constitutional issues that impact on this article. Distinguish its definition from
that of other forms of incitement (treason, rebellion, etc.)
Acts punished in Inciting to Sedition:
· Inciting others to the accomplishment of any of the acts which constitute
sedition by means of speeches, proclamations, writings, emblems, etc.
· Uttering seditious words or speeches which tend to disturb the public
peace
· Writing, publishing or circulating scurrilous libels against the Government or
any of the duly constituted authorities thereof, which tend to disturb the public
peace
· Knowingly concealing such evil practices
Acts punished by the violation of parliamentary immunity:
1. By using force, intimidation, threats, or fraud to prevent any member of the
National Assembly from
a. attending meetings of the Assembly or of any of its committees or
subcommittees, constitutional commissions or committees or divisions
thereof
b. expressing his opinions
c. casting his vote
*Offender is any person
2. By arresting, searching any member thereof while the National Assembly is
in regular or special session, except in case such member has committed a
crime punishable under the Code by a penalty higher than prision mayor
- Offender is a public officer or employee
Note that under Section 11 Article VI of the 1987 Constitution, a public officer who
arrests a member of Congress who has committed a crime punishable by prision
mayor is NOT liable under Art. 145.
- Art 145 should be amended to read “by a penalty of prision mayor or higher”
because for now it only reads “penalty higher than prision mayor”

Uttering and writing punishable when: Status of article: suspended?

· They tend to disturb or obstruct any lawful officer in executing the functions
of his office
· They tend to instigate others to cabal and meet together for unlawful
purposes
· They suggest or incite rebellious conspiracies or riots
· They lead or tend to stir up the people against the lawful authorities or to
disturb the peace, safety and order of the community / Government
6. Distinguish between illegal assembly under the RPC and violations of the
Public Assembly Act.
In illegal assembly, the purpose of the assembly or meeting is in itself illegal. In the
public assembly act, the purpose is presumed to be legal but it regulates the
procedure for acquiring permits, assembly itself, etc.

Constitutional issue (discussed in class): in uttering seditious speeches and writing

scurrilous libels, the text will be subject to different interpretations. Its alleged impact Illegal Assembly (Art 146)
will depend on the interpretation of the Court. The law does not require an actual
disturbance, but is only aimed to punish acts which may engender public order. Acts punished
1. Any meeting
There is NO inciting to treason. attended by armed persons for
the purpose of committing any
Inciting to rebellion, insurrection or coup dʼetat is committed ONLY through the 1st act of the crimes punishable under
(inciting done by speeches, writing, emblems, proclamations, etc.) à There are more the Code;
means of inciting to sedition. · There is a meeting,
a gathering or group
5. Note the issues relating to violation of parliamentary immunity. What is the of persons, whether
status of this article in the face of jurisprudence and revisions to the in fixed place or
Constitution? moving;
· The meeting is
The question in Martinez v. Morfe was the scope to be accorded the constitutional attended by armed
immunity of senators and representatives from arrest during attendance at Congress persons;
sessions and in going to and returning from the same. · The purpose of the
The answer was that immunity from arrest does not cover any prosecution meeting is to commit
for treason, felony, and breach of the peace. Freedom from arrest = creation of a any of the crimes
privileged class (this freedom was differentiated from according said officials utmost punishable under
latitude in free speech). the Code.
Public Assembly Act
(a) The holding of any public assembly as by any
leader or organizer without having first secured
that written permit where a permit is required from
the office concerned, or the use of such permit for
such purposes in any place other than those
set out in said permit: Provided, however, That no
person can be punished or held criminally liable for
participating in or attending an otherwise peaceful
assembly;
(b) Arbitrary and unjustified denial or modification
of a permit by the mayor or any other official acting
in his behalf.
(c) The unjustified and arbitrary refusal to accept
or acknowledge receipt of the application for a
permit by the mayor or any official acting in his
behalf;
(d) Obstructing, impeding, disrupting or otherwise

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is not essential); or
2. Any denying the exercise of the right to peaceful b. is assaulted by reason of the past performance of official
meeting in which the assembly; duties (motive is essential);
audience, whether 4. That the offender knows that the one he is assaulting is a person in
armed or not, is (e) The unnecessary firing of firearms by a member authority or his agent (with intention to offend, injure or assault); and
incited to the of any law enforcement agency or any person to 5. No public uprising.
commission of the disperse the public assembly;
crime of treason, Q: What is a person in authority and agents of person in authority?
rebellion or (f) Acts in violation of Section 10 (re: Police A:
insurrection, Assistance) hereof; A Person in authority is one vested with jurisdiction, whether as an individual or as
sedition, or assault a member of some court or government corporation, board or commission
upon person in (g) Acts described hereunder if committed within · “Directly vested with jurisdiction” à power or authority to govern and
authority or his 100 meters from the area of activity of the public execute laws
agents. assembly or on the occasion thereof; · Person in authority is a matter of law. Ex. teacher (CA 578)
· There is a meeting, 1. the carrying of a deadly or offensive · Examples: barangay captain, barangay chairman, teachers, professors,
a gathering or group weapon or device such as firearm, persons charged with the supervision of public or duly recognized private
of persons, whether pillbox, bomb, and the like; schools, colleges and universities, lawyers in the actual performance of their
in a fixed place or 2. the carrying of a bladed weapon and professional duties
moving; the like;
· The audience, 3. the malicious burning of any object in An Agent is one who, by direct provision of law or by election, or by appointment by
whether armed or the streets or thoroughfares; competent authority, is charged with the maintenance of public order and the
not, is incited to the 4. the carrying of firearms by members of protection and security of life and property.
commission of the the law enforcement unit; · Ex. policeman, councilman, any person who comes to the aid of persons in
crime of treason, 5. the interfering with or intentionally authority, postmaster, BIR agents
rebellion or disturbing the holding of a public
insurrection, sedition assembly by the use of a motor vehicle, Q: What is the difference of direct assault from indirect assault?
or direct assault. its horns and loud sound systems. A: In direct assault the offended party is the person in authority or his agent while
in indirect assault, the offended party is any person coming to the aid of an agent.

7. Understand the definition of direct assault and its component elements.
Note the definition of “persons in authority” and “agents of persons in
authority.” Distinguish it from indirect assault. Under what circumstances may
indirect assault be appreciated?
DIRECT ASSAULT:
First Mode: Without public uprising, by employing force or intimidation for
attainment of any of the purposes enumerated in defining the crimes
of rebellion and sedition
ELEMENTS:
1. Offender employs force or intimidation;
2. Aim of offender is to attain any of the purposes of the crime of
rebellion and sedition;
3. That there is no public uprising
Second Mode: Without public uprising, by attacking, by employing force or by
seriously intimidating or seriously resisting any person in authority or any of his
agents, while engaged in the performance of official duties, or on the occasion of
such performance
ELEMENTS:
1. Offender (a) makes an attack, (b) employs force, (c) makes a
serious intimidation, or (d) makes a serious resistance;
2. Person assaulted is a person in authority or his agent
3. At the time of the assault the person in authority or his agent
a. is engaged in the actual performance of official duties (motive
Q: Under what circumstance may indirect assault be appreciated?
A: Indirect assault can be committed only when direct assault is committed.
Q: Can a private person become the subject of direct assault?
A: Yes, any person coming to the aid of the person in authority is considered an
agent and can thus be the subject of direct assault.
8. Who can commit the crime of delivering prisoners from jail? What prisoners
are covered?
Delivery of prisoner from jail:
1. That there is a person confined in a jail or penal establishment
2. The offender removes therefrom such person, or helps the escape of such
person
Only outsiders can commit the crime of delivering prisoners from jail. It should not be
a public officer or a private person who has custody of the prisoner.
Applies to a prisoner sentenced by final judgment, detention prisoner or those
prisoners in hospitals or asylums.
9. When can evasion of service of sentence be committed?
Evasion of service of sentence:
1. Offender is a convict by final judgment
2. He is serving his sentence which consists in deprivation of liberty

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3. He evades the service of his sentence by escaping during the term of his
sentence
Sentence must be by reason of final judgment
• If convict escapes within 15 days (appeal period) from promulgation or
notice of judgment, without commencing to serve the sentence or without
expressly waiving in writing his right to appeal, he cannot be liable under
Art. 157
• Not applicable to detention prisoners and minor delinquents who escape
confinement or deportees
• Applicable to those serving destierro
Should escape during the term of the sentence.
10. Know the rule on quasi-recidivism.
Quasi-recidivism is a special aggravating circumstance where a person, after
having been convicted by final judgment, shall commit a new felony before beginning
to serve such sentence, or while serving the same.
Distinguished from reiteracion
- Aggravating circumstance of reiteracion requires that the offender against
whom it is considered shall have served out his sentences for the prior offenses
Elements:
1. Offender was already convicted by final judgment of one offense
2. He committed a new felony before beginning to serve such sentence or
while serving the same
1st crime – need not be a felony
2nd crime – must be a felony, need not be of different character from that of the
former offense
Quasi-recidivism does not require that the two offenses are embraced in the same
title of the Code.
11. Be familiar with the provisions of the Human Security Act of 2007.
Terrorism.- Any person who commits an act punishable under any of the following
provisions of the Revised Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine
Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear
Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of
1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
 PAGE 13 CRIIMINAL LAW 2 FINALS REVIEWER / PROF. I.M. GUTIERREZ III / SECOND SEMESTER, AY 2011-2012
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law
of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws
on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and
panic among the populace, in order to coerce the government to give in to an
unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty
of forty (40) years of imprisonment, without the benefit of parole as provided for under
Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.
http://www.lawphil.net/statutes/repacts/ra2007/ra_9372_2007.html
Title Four – CRIMES AGAINST PUBLIC INTEREST
1. Understand the framework applied to forgery, counterfeiting, falsification,
particularly the distinction between making, importing, uttering and mere use.
Art 163: Making and Importing and Uttering False coins
Elements:
1. That there be false or counterfeited coins (need not be legal tender).
2. That the offender either made, imported or uttered such conis, and;
3. That, in case of uttering such false or counterfeited coins, he connives with
counterfeiters or importers
Q: What are the distinctions for making, importing, uttering and mere use?
A: Making is the act of creating, uttering is to pass, deliver or give away, importing
is to bring to port and mere use is similar to uttering but without the knowledge the
coin is a counterfeit.
Art 164: Mutilation of coins – Importation and utterance of mutilated coins.
Repealed by PD 247. Acts punished by PD 247:
1. Willfull defacement
2. Mutilation
3. Tearing
4. Burning
5. Destruction of Central bank notes and coins
Q: What is mutilation?
A: Mutilation is to take off part of the metal either by filling it or substituting it for
another metal of inferior quality, to diminish by ingenious means the metal in the coin.
Coin must be of legal tender.
Art 165: Selling of false or mutilated coin, without connivance
Acts punishable:
1. Possession of a coin, counterfeited or mutilated by another person, with
intent to utter the same, knowing that it is false or mutilated.
2. Actually uttering such false or mutilated coin, knowing the same to be
false or mutilated.
Possession and uttering does not require that the coin be of legal tender.
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2. That the offender knows that any of those instruments is forged or falsified;
ARTICLE MUST BE OF LEGAL TENDER and
3. That he performs any of these acts
163 making and importing and No. applies to foreign coins, and those a. Using any of such forged or falsified instruments, or
uttering false coins withdrawn fr circ b. Possessing with intent to use any of such forged or falsified
instruments.
164: Mutilation of coins Yes
Art 169: How forgery is committed
165: Selling of false or mutilated coin, No. applies to foreign currency and those 1. By giving to a treasury or bank note or any other instrument payable to
without connivance withdrawn from circulation bearer or to order the appearance of a true and genuine document;
2. By erasing, substituting, counterfeiting, altering by any means the figures,
letters or words, or signs contained therein.
Art 166: Forging treasury or bank notes, obligations and securities; importing
and uttering false or forged notes, obligations and securities If all acts are done but genuine appearance is not given, the crime is frustrated.

Acts punishable:
1. Forging or falsification of treasury or bank notes or documents payable to
bearer
2. Importing of such notes, or
3. Uttering of such false or forged obligations and notes in connivance with
forgers and importers.
NOTES:
 Forging is committed by giving treasury or bank notes or documents payable to
bearer or order an appearance of a true and genuine document.
Falsification is committed by erasing, substituting, counterfeiting, or altering by any
means the figures and letters, words, signs contained therein.
Forging checks not included. This is falsification of a commercial document
under Article 172.
Included in this provision: Falsifying Sweepstakes and lotto tickets
Includes instruments or other documents payable to bearer even if issued by a
foreign government/bank.
Art 167: Counterfeiting, importing, and uttering instruments not payable to
bearer
Elements:
1. That there be an instrument payable to order or other document of
credit not payable to bearer.
2. That the offender either forged, imported or uttered such instruments;
and
3. That in case of uttering, he connived with the forger or importer
NOTES:
Includes instruments and documents of credit issued by a foreign government or
bank.
Connivance is not required in uttering if the utterer is the forger.
2. Note the different modes of falsification. Understand the definition and
elements for each mode. Bear in mind the different elements in falsification of
public documents and falsification of private documents.
Art 171 Falsification by public officer, employee or notary or ecclesiastical
minister
Elements:
1. The offender is a public officer, employee or notary public.
2. That he takes advantage of his official position
a. He has the duty to make or prepare or otherwise intervene in the
preparation of the document; or
b. He has official custody of the document which he falsified
3. That he falsifies a document by committing the following acts:
a. Counterfeiting or imitating any handwriting, signature or rubric
b. Causing it to appear that persons have participated in a
proceeding when they did not in fact so participate
c. Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by them;
d. Making untruthful statements in a narration of facts;
e. Altering true dates; (must be essential)
f. Making any alteration or intercalation in a genuine document
which changes its meaning;
g. 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 a copy a statement contrary to, or
different from, that of the genuine original; or
h. Intercalating any instrument or note relative to the issuance
thereof in a protocol, registry, or official book.
4. In case the offender is an ecclesiastical minister, the act of falsification is
committed with respect to any record or document of such character that its
falsification may affect the civil status of persons.

Art 168: Illegal possession and use of false treasury or bank notes and other
instruments of credit
Elements:
1. That any treasury or bank note or certificate or other obligation and security
payable to order or payable to bearer, or any other document of credit not
payable to bearer is forged or falsified by another person.
Who may be liable:
1. Public officer, employee, or notary public who takes advantage of
official position
2. Ecclesiastical minister if it affects civil status of persons
3. Private individual if in conspiracy with public officer.

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RPC 171 RPC 172, par. 1 RPC 172, par. 2
Offender Public officer 1. Private 1. Private individual 3. Note the difference in the framework applied to the different felonies
that took individual 2. Public officer who did not took involving false testimony in court.
advantage of 2. Public officer advantage of his official position
his official who did not took False Testimony: committed by a person who, being under oath and required
position advantage of his Note: Damage or Intent to cause to testify as to the truth of a certain matter at a hearing before a competent
official position such damage is essential authority, shall deny the truth or say something contrary to it.
Document Any Public, official, or Private document Art 180: False testimony against a defendant
Falsified document commercial Elements:
document 1. That there be a criminal proceeding
Acts Acts Acts enumerated Acts enumerated under RPC 2. Offender testifies falsely under oath against the defendant therein;
Committed enumerated under RPC 171 171 3. Offender knows that it is false; and
under RPC 4. The defendant against whom the false testimony is given is either acquitted
171 or convicted in a final judgment.
Requires criminal intent. Cannot be committed through negligence.
Witness who gave false testimony is liable even if the court did not consider his
Public Documents Commercial Documents testimony
a. written official acts or records of acts of cash files, deposit slips and Art 181: False testimony favourable to the defendant
the sovereign authority, official bodies and bank statements, journals, *False testimony need not directly influence the decision of acquittal not benefit the
tribunals, and of the public officers, books, ledgers, drafts, defendant (intent to favor defendant is sufficient.
legislative, judicial and executive, whether letters of credit and other *Statement of mere opinion is not punishable.
of the Philippines or of a foreign country; negotiable instruments. *Defendant who falsely imputes to another person the commission of the offense is
b. Documents acknowledged before notary liable under this article. If he merely denies the commission of the offense, he is not
public except last wills and testaments; liable.
c. Public records, kept in the Philippines, of
private documents required by law to be Art 182: False testimony in civil cases
entered therein. Elements:
1. That the testimony must be given in a civil case;
Notes: Cash disbursement vouchers or
2. That the testimony must relate to the issues in said case;
receipts
3. The the testimony must be false;
evidencing payments are not commercial
4. That the false testimony must be given by the defendant knowing the same
documents.
to be false; and
A mere blank form of an official document
5. That the testimony must be malicious and given with an intent to affect the
is not
issues presented in the said case.
in itself a document.
*182 not applicable when testimony is given in a special proceeding. In the case of
special proceeding, the crime is perjury.
Art 183: False testimony in other cases and perjury in solemn affirmation
Elements of use of falsified document (RPC 172, par 3)
2 ways of committing perjury:
Introducing in a judicial proceeding:
1. By falsely testifying under oath
1. That the offender knew that a document was falsified by another person
2. By making a false statement
2. That the false document is embraced in art 171 or in any of the
Elements:
subdivisions 1 &2 in art 172
a. That an accused made a statement under oath or made an affidavit
3. That he introduced said document in evidence in any judicial proceeding.
upon a material matter;
Use in any other transaction:
b. That the statement or affidavit was made before a competent officer,
1. That the offender knew that a document was falsified by another person
authorized to receive & administer such oath;
2. That the false document is embraced in art 171 or in any of the
3. That in the statement or affidavit, the accused made a willfull and
subdivisions 1&2 in art 172
deliberate assertion of falsehood; and
3. That he used such documents (not in judicial proceedings)
4. That the sworn statement or affidavit containing the falsity is required by
4. That the use of the documents caused damage to another or at least was
law.
used with intent to cause such damage.
There is no perjury through negligence or imprudence since the assertion of
Q: When does a user of a falsified document deemed the author thereof?
falsehood must be willfull and deliberate.
A: When the use was so closely connected in time with the falsification, and the user
Perjury is an offense which covers false oaths other than those taken in the course of
had the capacity of falsifying the document.
judicial proceedings.

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1) That there be a public auction;
Art 184: Offering false testimony in evidence 2) That the accused attempted to cause the bidders to stay away from that
Elements: public auction;
1. That the offender offered in evidence a false witness or false testimony 3) That it was done by threats, gifts, promises, or any other artifice; and
2. That he knew the witness or the testimony was false; and 4) That the accused had the intent to cause the reduction of the price of the
3. That the offer was made in a judicial or official proceeding thing auctioned.

184 applies when the offender, without inducing another but knowing him to be a
false witness, presented him and the latter testified falsely in a judicial or official
proceeding.
The felony is consummated the moment a false witness is offered in any judicial Title Five – CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
or official proceeding.
The false witness need not be convicted of false testimony. A mere offer to present 1. Understand the basic framework governing drug regulation. What are the
him is sufficient. different classes of acts punished under the law?

Arts 190-193 of the RPC were repealed by RA 6425, known as the “Dangerous
180 False testimony against a defendant Criminal proceeding Drugs Act of 1972,” which took effect on March 30, 1972, as amended by PD 1683
and further amended by RA 7659
181 False testimony favourable to Criminal proceeding RA 9165, known as the “Comprehensive Dangerous Drugs Act of 2002,” which took
defendant effect on July 4, 2002 repealed RA 6425 and amended RA 7659.
Limited applicability of the RPC: The RPC shall not apply to this Act, except in the
182 False testimony in civil cases Civil case (special proceedings not case of minor offenders. Where the offender is a minor, the penalty for the acts
included) punishable by life imprisonment to death shall be reclusion perpetua to death.

183 Perjury Statement under oath or affidavit
184 Offering false testimony in evidence Judicial or official proceeding
4. Distinguish perjury from falsification of public documents.
Perjury may include an oral statement, while falsification of public documents
includes written documents. The statement or affidavit made when committing perjury
is made before a competent officer authorized to receive and administer oath.
Closest thing to perjury: making untruthful statements in a narration of facts (there
needs to be a legal obligation to disclose said facts + intent to injure 3rd person)
5. When can machination in public auctions be appreciated?
Crime under Art 185 is consummated by the mere act of soliciting a gift or promise for
the purpose of abstaining from taking part in any public auction.
The threat need not be effective nor the offer accepted.
Art 185: Machinations in public auctions
Elements of machinations in public auctions
1) There be a public auction;
2) That the accused solicited any gift or a promise from any of the bidders;
3) That such gifts or promise was the consideration for his refraining from
taking part in that public auction; and
4) That the accused had the intent to cause the reduction of the price of the
things auctioned.
Elements of attempting to cause bidders to stay away
THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
ACTS PUNISHED:
1) Importation of dangerous drugs and/or controlled precursors and essential
chemicals
2) Sale, trading, administration, dispensation, delivery, distribution and
transportation of dangerous drugs and/or controlled precursors and
essential chemicals;
3) Maintenance of a dangerous drug den, dive or resort;
4) Being employees or visitors of a dangerous drug den, dive or resort;
5) Manufacture of dangerous drugs and/or controlled precursors and essential
chemicals;
6) Illegal chemical diversion of controlled precursors and essential chemicals;
7) Manufacture or delivery of equipment, instrument, apparatus, and other
paraphernalia for of dangerous drugs and/or controlled precursors and
essential chemicals;
8) Possession of dangerous drugs;
9) Possession of equipment, instrument, apparatus, and other paraphernalia
for dangerous drugs;
10) Possession of dangerous drugs during parties, social gatherings or
meetings;
11) Possession of equipment, instrument, apparatus, and other paraphernalia
for dangerous drugs during parties, social gatherings or meetings;
12) Use of dangerous drugs;
13) Cultivation or culture of plants classified as dangerous drugs or are sources
thereof;
14) Failure to maintain and keep original records of transactions on dangerous
drugs and/or controlled precursors and essential chemicals;
15) Unnecessary prescription of dangerous drugs; and
16) Unlawful prescription of dangerous drugs.

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2. Be familiar with the administrative framework for drug enforcement. How are
substances subjected to/removed from coverage? What agencies are involved
and what are their functions?
Administrative Framework:
Dangerous Drugs Board (DDB): the policy-making and strategy-formulating body in
planning and formulation of policies and program on drug prevention and control. It
shall develop and adopt a comprehensive, integrated, unified and balanced national
drug abuse prevention and control strategy. It shall be under the Office of the
President.
a. Formulate, develop and establish a comprehensive, integrated, unified and
balanced national drug use prevention and control strategy;
b. Promulgate such rules and regulations as may be necessary to carry out
the purposes of this Act
c. Conduct policy studies, program monitoring and evaluations and other
researches on drug prevention, control and enforcement;
d. Initiate, conduct and support scientific, clinical, social, psychological,
physical and biological researches on dangerous drugs and dangerous
drugs prevention and control measures;
e. Develop an educational program and information drive on the hazards and
prevention of illegal use of any dangerous drug and/or controlled precursor
and essential chemicals
f. Conduct continuing seminars for, and consultations with, and provide
information materials to judges
g. Design special trainings in order to provide law enforcement officers,
members of the judiciary, and prosecutors, school authorities and
personnel of centers with knowledge and know-how in dangerous drugs
and/or controlled precursors and essential chemicals control
h. Design and develop, in consultation and coordination with the DOH, DSWD
and other agencies involved in drugs control, treatment and rehabilitation,
both public and private, a national treatment and rehabilitation program for
drug dependents
i. Design and develop, jointly with the DOLE and in consultation with labor
and employer groups as well as nongovernment organizations a drug
abuse prevention program in the workplace that would include a provision
for employee assistance programs for emotionally-stressed employees;
j. Initiate and authorize closure proceedings against non-accredited and/or
substandard rehabilitation centers
k. Prescribe and promulgate rules and regulations governing the
establishment of such centers, networks and laboratories
l. Receive, gather, collect and evaluate all information on the importation,
exportation, production, manufacture, sale, stocks, seizures of and the
estimated need for any dangerous drug and/or controlled precursor and
essential chemical
m. Gather and prepare detailed statistics on the importation, exportation,
manufacture, stocks, seizures of and estimates need for any dangerous
drug and/or controlled precursors and essential chemicals and such other
statistical data on said drugs as may be periodically required by the United
Nations Narcotics Drug Commission, the World Health Organization and
other international organizations in consonance with the country's
international commitments;
n. Develop and maintain international networking;
 PAGE 17 CRIIMINAL LAW 2 FINALS REVIEWER / PROF. I.M. GUTIERREZ III / SECOND SEMESTER, AY 2011-2012
o. Require all government and private hospitals, clinics, doctors, dentists and
other practitioners to submit a report to it about all dangerous drugs and/or
controlled precursors and essential chemicals-related cases
p. Receive in trust legacies, gifts and donations of real and personal
properties of all kinds for the benefit of government and private
rehabilitation centers
q. Issue guildliens of applications for voluntary treatment, rehabilitation or
confinement, wherein it shall issue the necessary guidelines, rules and
regulations pertaining to the application and its enforcement;
r. Formulate guidelines, in coordination with other government agencies, the
importation, distribution, production, manufacture, compounding,
prescription, dispensing and sale of, and other lawful acts in connection
with any dangerous drug, controlled precursors and essential chemicals
and other similar or analogous substances
s. Develop the utilization of a controlled delivery scheme in addressing the
transshipment of dangerous drugs into and out of the
t. Recommend the revocation of the professional license of any practitioner
who is an owner, co-owner, lessee, or in the employ of the drug
establishment, or manager of a partnership, corporation, association, or
any juridical entity owning and/or controlling such drug establishment, and
who knowingly participates in, or consents to, tolerates, or abets the
commission of the act of violations as indicated in the preceding paragraph,
all without prejudice to the criminal prosecution of the person responsible
for the said violation;
u. Appoint such technical, administrative and other personnel as may be
necessary for the effective implementation of this Act, subject to the Civil
Service Law and its rules and regulations;
v. Establish a regular and continuing consultation with concerned government
agencies and medical professional organizations to determine if balance
exists in policies, procedures, rules and regulations on dangerous drugs
and to provide recommendations on how the lawful use of dangerous drugs
can be improved and facilitated; and
w. Submit an annual and periodic reports to the President, the Congress of
the Philippines and the Senate and House of Representatives committees
concerned as may be required from time to time, and perform such other
functions as may be authorized or required under existing laws and as
directed by the President himself/herself or as recommended by the
congressional committees concerned.
Philippine Drug Enforcement Agency (PDEA). – To carry out the provisions of this
Act, the PDEA, which serves as the implementing arm of the Board, and shall be
responsible for the efficient and effective law enforcement of all the provisions on any
dangerous drug and/or controlled precursor and essential chemical as provided in
this Act.
Duties: Sec 84 Powers and Duties of the PDEA. – The PDEA shall:
a. Implement or cause the efficient and effective implementation of the
national drug control strategy formulated by the Board
b. Undertake the enforcement of the provisions of Article II of this Act relative
to the unlawful acts and penalties
c. Administer oath, issue subpoena and subpoena duces tecum relative to the
conduct of investigation involving the violations of this Act;
d. Arrest and apprehend as well as search all violators and seize or
confiscate, the effects or proceeds of the crimes
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e. Take charge and have custody of all dangerous drugs and/or controlled
precursors and essential chemicals seized, confiscated or surrendered
f. Establish forensic laboratories in each PNP office in every province and
city
g. Recommend to the DOJ the forfeiture of properties and other assets of
persons and/or corporations found to be violating the provisions of this Act
h. Prepare for prosecution or cause the filing of appropriate criminal and civil
cases for violation of all laws on dangerous drugs, controlled precursors
and essential chemicals, and other similar controlled substances
i. Monitor and if warranted by circumstances, inspect all air cargo packages,
parcels and mails in the central post office
j. Conduct eradication programs to destroy wild or illegal growth of plants
from which dangerous drugs may be extracted;
k. Initiate and undertake the formation of a nationwide organization which
shall coordinate and supervise all activities against drug abuse
l. Establish and maintain a national drug intelligence system
m. Establish and maintain close coordination, cooperation and linkages with
international drug control and administration agencies and organizations,
and implement the applicable provisions of international conventions and
agreements related to dangerous drugs to which the Philippines is a
signatory;
n. Create and maintain an efficient special enforcement unit to conduct an
investigation, file charges and transmit evidence
o. Require all government and private hospitals, clinics, doctors, dentists and
other practitioners to submit a report to it, in coordination with the Board,
about all dangerous drugs and/or controlled precursors and essential
chemicals which they have attended to for data and information purposes;
p. Coordinate with the Board for the facilitation of the issuance of necessary
guidelines, rules and regulations for the proper implementation of this Act;
q. Initiate and undertake a national campaign for drug prevention and drug
control programs,
r. Submit an annual and periodic reports to the Board as may be required
from time to time,
Other agencies:
DepEd, Che: Information awareness; programs for deterrence
DILG, DSWD, national Youth commission: establishment of a special education drug
center for out-of-school youth and street children
DOLE: implementation of a national drug abuse prevention program for a drug free
workplace.
Local Govt Units: budget for the implementation and enhancement of this Act
PDEA academy: recruitment and training of PDEA agents
Jurisdiction over dangerous drugs cases
The Supreme Court shall designate special courts from among the existing Regional
Trial Courts in each judicial region to exclusively try and hear cases involving
violations of this Act.
DOJ shall designate special prosecutors to exclusively handle cases involving
violations of this Act.
Answer (Section 93. Reclassification, Addition or Removal of Any Drug from the List
of Dangerous Drugs.)
The Board (DDB) shall have the power to reclassify, add to or remove from the list of
dangerous drugs.
Proceedings to reclassify, add, or remove a drug or other substance may be initiated
by
1. the PDEA,
2. the DOH, or
3. by petition from any interested party, including the manufacturer of a drug, a
medical society or association, a pharmacy association, a public interest group, a
national or local government agency, or an individual citizen.
When a petition is received by the Board, it shall immediately begin its own
investigation of the drug. The PDEA also may begin an investigation of a drug at any
time based upon the information received from law enforcement laboratories, national
and local law enforcement and regulatory agencies, or other sources of information.
Factors to be considered by the Board (DDB)
a. Its actual or relative potential for abuse;
b. Scientific evidence of its pharmacological effect if known;
c. The state of current scientific knowledge regarding the drug or other
substance;
d. Its history and current pattern of abuse;
e. The scope, duration, and significance of abuse;
f. Risk to public health; and
g. Whether the substance is an immediate precursor of a substance already
controlled under this Act.
The Board shall also take into accord the obligations and commitments to
international treaties, conventions and agreements
3. What is the rule on drug testing?
Q: Who can conduct drug testing?
A: Any government forensic laboratory or any of the drug testing laboratories
accredited and monitored by the DOH
Q: What kind of test should be employed?
A: There are two test required under RA 9165
1. Screening Test – determines positive results and the type of drug used
2. Confirmatory Test – confirms the positive screening test
Q: What is the period of validity of the drug test?
A: One (1) year from the date of issunce
WHO CAN BE SUBJECTED TO DRUG TESTING STATUS
1. Applicants for driver's license. Mandatory
2. Applicants for firearm's license and for permit to carry firearms Mandatory
outside of residence.
3. Students of secondary and tertiary schools. Random
4. Officers and employees of public and private offices. Random
5. Officers and members of the military, police and other law Annual
enforcement agencies Mandatory
6. Persons charged before the prosecutor's office with a criminal Mandatory
offense having an imposable penalty of imprisonment of not less than
six (6) years and one (1) day
7. Candidates for public office whether appointed or elected in the Mandatory
national or local government

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Notes: Drug test certificates issued by accredited drug testing centers shall be valid Þ LOI 816 ( amended PD 1602): exclude domino, bingo, poker when
for a one-year period from the date of issue. not played with five cards stud, cuajo, pangguingue and mahjong
when exclusively intended for parlor games or for home entertainment
Duties of DOH Þ RPC 198: Illegal betting on horse races (on periods not allowed by
(1) Oversee and monitor the integration, coordination and supervision of all drug law)
rehabilitation, intervention, after-care and follow-up programs, projects and activities Þ RPC 199: Illegal cockfighting (on periods not allowed by law)
as well as the establishment, operations, maintenance and management of privately-
owned drug treatment rehabilitation centers and drug testing networks and Cockfighting Law of 1974 (PD 449)
laboratories throughout the country in coordination with the DSWD and other Q: Where can cockfights be held?
agencies; A: Cockfighting shall be allowed only in licensed cockpits
(2) License, accredit, establish and maintain drug test network and laboratory,
initiate, conduct and support scientific research on drugs and drug control; Q: When can cockfights be held?
(3) Encourage, assist and accredit private centers, promulgate rules and A: Cockfights are allowed during:
regulations setting minimum standards for their accreditation to assure their
competence, integrity and stability; DAY/ EVENT EXCEPTION/LIMITATION
(4) Prescribe and promulgate rules and regulations governing the establishment 1. Sundays • Not more than three days
of such Centers 2. Legal Holidays • Not more than three days
(5) The DOH shall order the closure of a Center for treatment when after • Except
investigation it is found guilty of violating the provisions of this Act or regulations 1. Rizal Day (Dec. 30)
issued by the Board; and 2. Independence Day (June 12)
(6) Charge reasonable fees for drug dependency examinations, other medical and 3. National Heroes Day (Nov. 30)
legal services provided to the public, which shall accrue to the Board 4. Holy Thursday and Good Friday
5. Election or Referendum Day or the day of
Title Six – CRIMES AGAINST PUBLIC MORALS Registration for such
3. Local Fiestas • Not more than three days
1. What is the basic definition of gambling? What forms of gambling are 4. Provincial, city or • Not more than three days
subject to specific regulation? municipal agriculture, • Upon resolution of province, city or
commercial or industrial municipality
Q: What is the basic definition of gambling? fair, carnival or • Subject to the approval of the Chief of
A: Gambling is any game of chance or scheme, whether upon chance or skill, exposition Constabulary or his authorized representative
wherein wagers consisting of money, articles, or value or representative of value are • Not be within the month of a local fiesta
at stake or made • Not be more than two occasions in the same
city or municipality
Q: What forms of gambling are subject to specific regulations? 5. For entertainment of • Subject to the approval of the Chief of
A: The following are the forms of gambling subject to specific regulations: foreign dignitaries, Constabulary or his authorized representative
1. Betting, game-fixing or point shaving and machinations in sports contest tourists or balikbayans
(PD 483) 6. For charitable purpose
2. Horse Racing (RA 137, 229, 180, 946)
3. Cockfighting (PD 449)
2. What are the elements of grave scandal? What is the framework on
NOTES: obscenity?
PD 1602 RCP 200 Grave scandal
Cockfighting, jueteng, jai alai, horse racing to include bookie operations & Elements:
game fixing numbers, bingo and other forms of lotteries, cara y cruz, 1. that the offender performs an act or acts
pompiang, 7-11 and any game using dice, black jack, lucky nine, poker and 2. that such acts be highly scandalous as offending against decency or good
its derivatives, monte, baccarat, cuajo, pangguigue and other card games, customs
pak que, high and low, mahjong, domino and the games using plastic tiles 3. that the act or acts complained of be committed in a public place or within
and the like, slot machines, roulette, pinball and other mechanical public knowledge or view
contraptions and devices, dog racing, boat racing car racing, and other Definitions:
forms of races; basketball, boxing, volleyball, bowling, pingpong and other Þ Decency: means proprietary of conduct; proper observance of the
forms of individual or team contests to include game fixing, point shaving requirements of modesty, good taste, etc.
and other machinations; banking or percentage game or any other game or Þ Customs: established usage, social conventions carried on by
scheme whether upon chance or skill wherein wagers consisting of money, traditions and enforced by social disapproval of any violations therof
articles of value or representative of value are at stake or made

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Þ Grave scandal: consists of acts which are offensive to decency and
good customs, which having committed publicly, have given rise to
public scandal to persons who have accidentally witnesses the same
Note: if the act or acts of the offender are punished under ANOTHER article in
the RPC, Art. 200 is NOT APPLICABLE (ex: acts of lasciviousness)
-when the acts were performed in a private house and seen by one person, the
crime was not committed
Grave Scandal Alarms and Scandal
Refers to moral scandal. Does not Refers to disturbance of public
necessarily disturb the public peace peace which are not acts which
but must be committed in public view. are offensive to decency.
RPC 201- OBSCENITY: Immoral doctrines, obscene publication and
exhibitions, indecent shows
Persons liable:
1. those who shall publicly expound or proclaim DOCTRINES openly and
contrary to pubic morals
2. AUTHORS of obscene literature, published with their knowledge in any
form
3. EDITORS publishing such literature
4. OWNERS operating the establishment or selling the same (note that mere
possession is not punishable)
5. Those who in theaters, fairs, cinematographs or any other place, EXHIBIT
indecent or immoral shows which are proscribed or are contrary to morals,
good customs, established policies, lawful order, decrees and edicts
6. Those who shall SELL, GIVE AWAY or EXHIBIT films, prints, engravings,
sculpture, or literature which are offensive to morals
--publicity is required
Þ Morals: imply conformity with the generally accepted standards of
goodness or rightness in conduct or character, sometimes specifically
to sexual conduct
Þ Test of Obscenity: whether the tendency of the matter charged as
obscene is to corrupt those whose minds are open to such immoral
influences, and into whose hands such a publication may fall and also
whether or not such publication or act shocks the ordinary and
common sense of men as indecent
Þ Indecency: an act against the good behavior and a just delicacy
RA 7610: Act re. child abuse, exploitation & discrimination
Þ any person who shall hire, employ, use, persuade, induce or coerce a
child to perform in obscene exhibition and indecent shows, whether
live or in vieo, pose or model in obscene publication or pornographic
materials or to sell or distribute the said materials shall suffer the
penalty of prision mayor in its medium period
Þ if the child used as a performer, subject, seller/distributor is below 12
years of age, the penalty shall be imposed in its maximum period
Þ any ascendant, guardian or person entrusted in any capacity with
care of child who shall cause and/or allow such child to be employed
 PAGE 20 CRIIMINAL LAW 2 FINALS REVIEWER / PROF. I.M. GUTIERREZ III / SECOND SEMESTER, AY 2011-2012
or to participate in a obscene play, scene, act, movie or show in any
other acts covered by this section shall suffer the penalty of prision
mayor in its medium period
3. Understand the concept and definition of vagrancy. Relate this to the Anti-
Trafficking Law
RPC 202: Vagrants & Prostitutes (not applicable to minors-persons below 18
yrs of age are exempt from prosecution for crimes of vagrancy & prostitution
but must undergo counseling and treatment)
Persons liable
1) any person having no apparent means of subsistence, who has the
physical ability to work, and who neglects to apply himself to some lawful
calling (aka mendicant)
2) any person found loitering about public or semipublic buildings or places or
tramping or wondering about the country or the streets w/o visible means of
support
3) any idle or dissolute person who lodges in houses of ill fame; ruffians or
pimps and those who habitually associate with prostitutes; (vagrant)
4) any person who, not being included in the provisions of the other articles of
this code, shall be found loitering in any inhabited or uninhabited place
belonging to another without any lawful or justifiable purpose
5) prostitutes
Definitions:
Þ prostitutes: women who for money or profit habitually indulge in sexual
intercourse or lascivious conduct
Þ dissolutes: lax, unrestrained, immoral
Þ ruffians: violent or lawless individuals
PD 1563/Mendicancy Law: any person who abets mendicancy by GIVING ALMS
directly to mendicants, exploited infants, and minors on public roads, sidewalks,
parks & bridges
RA 9208-Anti-Trafficking in Persons Act: Trafficking in persons refers to the
recruitment, transportation, transfer or harboring, or receipt of persons with or without
the victimʼs consent or knowledge, within and across borders
Þ Means used: threat, force, vilence, coercion, abduction, fraud, deception,
abuse of power or position, taking advantage of vulnerability of person
(esp. if minor & a vagrant)
Þ Purpose: prostitution, sexual exploitation, forced labor or services, slavery,
servitude, removal or sale of organs
Þ Child: any person below 18, or who is over 18 and unable to fully care of
or protect himself/herself
Þ Prostitution: any act, transaction, scheme involving the use of a person by
another for intercourse or lascivious conduct in exchange for money, profit
or other consideration
Þ Forced labor or slavery: extraction of work or services by enticement,
violence, intimidation, or threat, use of force or coercion, including
deprivation of freedom, abuse of authority, moral ascendancy, debt-
bondage, deception
Þ Debt bondage: pledging by the debtor of his personal services of labor or
of those of a person under his control as security or payment for a debt, the
nature & length of services is not defined
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Acts punished c. by appointment by competent authority
1. recruit, transport, transfer, harbor, provide or receive a person by any Þ Public officer embraces every public servant from the highest to the lowest
means under the pretext of employment, training or apprenticeship (for the Þ Even temporary performance of a public function makes him a public
purpose of prosti,slavery,etc.) officer
2. introduce, match for money, profit (material, economic, or other), any
Filipino woman to a foreign national for marriage, acquiring, buying, selling 2. Distinguish between malfeasance, misfeasance, and nonfeasance.
him/her to engage in porn, sexual exploitation, forced labor etc. Þ Misfeasance: improper performance of some act which MIGHT LAWFULLY
3. to offer or contract marriage (real or simulated) for the purpose of porn, BE DONE
sex, debt bondage, etc Þ Malfeasance: performance of some act which ought NOT BE DONE
4. to undertake or organize tours and travel plans for sex tourism Þ Nonfeasance: OMISSION of some act which OUGHT TO BE
5. to maintain or hire a person to engage in prostitution or porn PERFORMED
6. to adopt or facilitate the adoption of persons for the purposes listed
7. to recruit, hire, etc. for the sale of organs of the person Art. 204-212 Malfeasance & Misfeasance in Office
8. to recruit, hire, or adopt a child to engage in armed activities in the Phils.
And abroad Judge
Acts that promote trafficking in persons Knowingly rendering unjust judgment (204)
a) knowingly leasing/subleasing or allowing the use of an establishment for Rendering judgment through negligence (205)
this purpose Rendering unjust interlocutory order (206)
b) to produce/print/issue/distribute fake counseling certification, registration Malicious delay in the administration of justice (207)
stickets and certificates of govt agencies as proof of compliance with pre- Public officer/officer in law/Atty/Solicitor/Judge
departure requirements Dereliction of duty in prosecution of offenses-negligence and tolerance
c) to advertise/publish/disseminate/inform of material that promotes trafficking (208)
d) to assist in the conduct of misrepresentation or fraud to facilitate the Dereliction of trust by an Atty. or solicitor (209)
acquisition of govt clearances Direct bribery (210)
e) to facilitate in the entry and exit of persons involved in trafficking Indirect bribery (211)
f) knowingly benefiting from (financial or otherwise) persons involved in Qualified Bribery (211-A)
forced labor, involuntary servitude or slavery Offender/inducer
Qualified trafficking Corruption of public officials (212)
1) if offended party is a child
2) if adoption effected through the Inter Country Adoption Act 3. Note the definition of bribery and distinguish it from indirect bribery. Relate
3) committed by a syndicate to corruption of public officials.
4) offender is an ascendant, parent, sibling, guardian, who exercises authority
over the person DIRECT BRIBERY (210)
5) offender is a public officer or employee Acts punished
6) act of trafficking and by reasons or on occasion the offended party 1. By agreeing to perform, or performing in consideration of any offer,
becomes insane, suffer mutilation or is afflicted with HIV or STDs promise, gift, or present an act CONSTITUTING A CRIME, in connection
Prescriptive period: runs from the day on which the trafficked person is released or with the performance of official duties (acceptance of the offer or promise is
delivered enough to consummate the crime; if NO acceptance the person making the
Þ generally: 10 years offer is liable for Attempted corruption of a public officer)
Þ syndicate or large scale: 20 years 2. By accepting a gift in consideration of the execution of an act which DOES
NOT CONSTITUTE A CRIME, in connection with the performance of his
Title Seven – CRIMES COMMITTED BY PUBLIC OFFICERS official duty (gift MUST be accepted, act must be UNJUST)
3. By agreeing to REFRAIN or BY REFRAINING from doing something which
1. Understand the RPC definition of public officers and the extent of its it is his official duty to do, in consideration of a gift or promise
coverage Elements of direct bribery
RPC 203 Who are public officers 1. Offender be a public officer
Requisites: To be a public officer one must be- 2. Offender accepts an offer, or a promise or receives a gift or present by
1. taking part in the performance of public function in the Govt, or himself or through another
performing in said Govt, or in any of its branches public duties as an 3. That such offer or promise be accepted or gift or promise received by the
employee, agent or subordinate official, of any rank or class; and public officer
2. that his authority to take part in the performance of public functions or a. With view to committing a crime, or
to perform public duties must be b. In consideration of the execution of an act which does not
a. by direct provision of the law or constitue a crime (but must be unjust)
b. by popular election, or c. To refrain from doing something which is his official duty to do

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4.
That the act which the offender agrees to perform or which he executes be Elements of corruption of public officials:
connected with the performance of his official duties 1. the offender makes, offers or promises or gives gifts or presents to a
Applicable also to: assessors, arbitrators, appraisal and claim commissioners, public officer and
experts, or any other person performing public duties (Art. 210,last par), even for 2. the offer or promises are made, or the gifts or presents are given to a
temporary performance of functions! public officer under circumstances that will make the public officer liable for
direct bribery or indirect bribery
INDIRECT BRIBERY (211) Þ crime is attempted if the offer, promise, gift were refused; consummated if
Elements of Indirect Bribery accepted
1. Offender is a public officer
2. He accepts gifts PD 749: grants immunity from givers of bribes and other gifts to their accomplices if
3. The gifts are offered to him by reason of his office they willingly testify against public officers or employees

-there is no attempted or frustrated indirect bribery; if accepts = consummated, if 4. Familiarize yourself thoroughly with the provisions of RA 3019 (Anti Graft
doesn't = no crime and Corrupt Practices Act), RA 6713 (Code of Conduct and Ethical Standards
receiving gifts by public officials and employees and giving of gift by private persons for Public Officials and Employees), and the Plunder Law. Note the rules on
on any occasion, including Christmas is punishable disclosure and divestment.

RA 3019: Anti-Graft & Corrupt practices Act

Direct bribery Indirect bribery Sec. 3: Corrupt practices of public officials: in addition to acts or omissions
already penalized in existing law
As to In both crimes, public 1. persuading, influencing another public officer to perform an act constituting
consideration officer receives a gift a violation of rules and regulation duly promulgated by competent authority
or an offense in connection with the official duties of the latter or allowing
As to existence of Agreement between the No agreement exists himself to be persuaded, induced or influenced to commit such violation or
an agreement public officer and the offense
giver of the gift or present persons liable:
a. public officer who persudes, induces or influences another public
As to necessity of Offender agrees to It is not necessary that the officer officer
the performance perform or performs an should do any particular act or b. public office who is persuaded, induced or influenced
of the act act or refrains from doing even promise to do an act, as it is 2. directly or indirectly requesting or receiving any gift, present, share,
something because of the enough that he accepts gift percentage, or benefit for himself or any other person in connection with
gift or promise offered to him by reason of his any other contract or transaction between the govt and any other party
office wherein the public officer in his official capacity has to intervene under law
Þ lack of demand in immaterial
Þ there must be a clear intention on the part of the public officer to take
PD 46 punishes the gift and consider it as his own property from then on, mere
1. any public official or employee who receives, directly or indirectly; and physical receipt unaccompanied by any other sign, circumstance, or
2. any private person who gives, or offer to give: any gift, present, or other act is not sufficient
valuable thing on any occasion, when it is given by reason of a former 3. directly or indirectly requesting or receiving any gift or present or other
officialʼs past position, whether it is for past favors or the giver hopes or pecuniary or material benefit, for himself or another, from any person, for
expects to receive a favor or better treatment in the future whom the public officer in any manner or capacity has secured or obtained
or will secure or obtain, any govt permit or license in consideration for the
Qualified bribery 211-A help given or to be given
Elements of qualified bribery 4. accepting or having any member of his family accept employment in a
1. offender is a public officer entrusted with law enforcement private enterprise which has pending official business with him during the
2. offender refrains from arresting or prosecuting an offender who has pendency therof or within 1 yr after his termination
committed a crime punishable by reclusion perpetua and/or death- note: if 5. causing any undue injury to any party including the govt or giving any
the crime is punishable by a penalty less than reclusion perptua, the public private party any unwarranted benefits, advantage or preference in the
officer is liable under Art, 208-direct bribery discharge of his administrative or judicil function through manifest partiality,
3. the offender refrains from ARRESTING or PROSECUTING the offender in evident bad faith or gross, inexcusable negligence. This provision shall
consideration of any promise, gift or present apply to employees or offices or Govt corps charged with the grant of
licenses and permits and other concessions
Corruption of public officials (212): Liability of the person who MADE THE
OFFERS

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Þ to be held liable, the act of the accused which caused undue injury
must be done with manifest partiality, evident bad faith or gross
inexcusable negligence
Þ if the act was committed with malic, crim may be under Art. 207
(malicious delay in the admin of justice)
Þ gross negligence: want of even slight care acting or omitting to act in
a situation where there is a duty to act; for public officials the breach
of duty is flagrant & palpable
6. neglecting or refusing after due demand or request without sufficient
justification to act within a reasonable time on any 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 favoroign his own interest or giving undue advantage
in favor of or discriminating against any other party
7. entering on behalf of the Govt into any contract or transaction manifestly
and grossly disadvantageous to the same, whether or not the public officer
profited or will profit thereby
Þ it is not necessary that the public officer profited or not from the
transaction
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
law from having any interest
9. directly or indirectly becoming interested for personal gain or having
material interest in any transaction or act requiring the approval of the
board, panel, or group 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 r advantage or of a mere representative or dummy of one
who is not qualified or entitlted
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 info in advance of its authorized date
Þ if damage was caused- Art, 229 (revelation of secrets of a public
officer)
Sec. 4: Prohibition on Private individuals
1. taking advantage of family or close personal relation with public official is
punished
Þ family relation: includes the spouse or relatives by consanguinity
or affinity in the 3rd civil degree
Þ close personal relation: those personal friendship, social and
fraternal connection and professional employment all giving rise
to intimacy which assures free access to public officer
2. knowingly inducing or causing any public official to commit any of the
offense in Sec. 3
Sec. 5: Prohibition on certain relatives
The spouse or any relative, by consanguinity or affinity, withinthe 3rd civil degree of
the P, VP, Senate President, or the Speaker of the House is prohibited to intervene
directly or indirectly in any business transaction contract or application with the govt
Exceptions to the provisions:
1. Any person who prior to the assumption of office of any of those officials to
whom he is related has been already dealing with the govt along the same
 PAGE 23 CRIIMINAL LAW 2 FINALS REVIEWER / PROF. I.M. GUTIERREZ III / SECOND SEMESTER, AY 2011-2012
line of business, nor to any transaction, contract or application already
existing, or pendng at the time of such assumption of public office
2. Any application filed by him the approval of which is NOT
DISCRETIONARY on the part of the official or officials concerned but
depends upon compliance with the requisites provided by law or rules or
regualations pursuant to law
3. An act lawfully performed in an official capacity or in the exercise of a
profession
Sec. 6: Prohibition on members of Congress
Þ Member of congress during their term are prohibited to acquire or receive
personal pecuniary interest in any specific business enterprise which will
be directly or particularly favored or benefited by any law or resolution
authored by them
Þ The prohibition shall also apply to any public officer who recommended the
initation of the enactment or adoption of the resolution and acquired or
receives any such interest during his incumbency
Sec. 8 Prima facie evidence of dismissal due to unexplained wealth
Sec.11: Prescriptive period of 15 years for all offenses
Sec 12: No public officer is allowed to resign or retire pending investigation
RA 7080: Anti-Plunder Act
Means or schemes to acquire ill-gotten wealth:
1. through misappropriation, conversion, misuse, or malversation of public
funds or raids on the public treasury
2. by receiving directly or indirectly any commission, gift, share, percentage
or any other form of pecuniary benefit from any person, and/or entity in
connection with any govt contract/project or by reason of his office or
position
3. by illegal or fraudulent conveyance or disposition of assets belonging to
the govt
4. by obtaining receiving or accepting (directly or indirectly) any shares of
stock, equity or any other form of interest or participation including the
promise of future employment in any business enterprise or undertaking
5. by establishing agri, industrial or commercial monopolies or other
combinations and/or implementing decrees and ordered intended to benefit
particular persons or special interests
6. by taking undue advantage of official position authority, relationship,
connection or influence ot unjustly enrich himself
Þ these should be committed by a combination or through a series of acts.
There should be atleast 2 acts otherwise the accused should be charged with
the particular crime committed and not with plunder
Þ combination: at least 2 acts of a diff category
Þ series: at lest 2 acts of the same category
Sec. 2: Definition & penalties
Þ Plunder: a crime committed by any public officer, by himself, or in
connivance with his family, relatives by affinity or consanguinity, business
associates, subordinates, or other persons amassing, accumulating or
acquiring ill gotten wealth in the aggregate amt or total value of ATLEAST
50 MILLION PESOS
Þ Penalty: recluscion perpetua to death
Sec. 4: Evidence- it is not necessary to prove each and every criminal act done, a
pattern of over or criminal acts indicative or the overall unlawful scheme or
conspiracy is sufficient
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Sec. 5: Prescription: Act is punishable- prescription 20 years but NO prescription for
recovery of property
RA 6713 (Code of Conduct and Ethical Standards for Public Officials and
Employees)
Sec.7: Prohibited Acts and transaction
7C(c) Disclosure and/or misuse of confidential information. - Public officials and
employees shall not use or divulge, confidential or classified information officially
known to them by reason of their office and not made available to the public, either:
(1) To further their private interests, or give undue advantage to anyone; or
(2) To prejudice the public interest.
Section 8. Statements and Disclosure. - Public officials and employees have an
obligation to accomplish and submit declarations under oath of, and the public has
the right to know, their assets, liabilities, net worth and financial and business
interests including those of their spouses and of unmarried children under eighteen
(18) years of age living in their households.
(A) Statements of Assets and Liabilities and Financial Disclosure. - All public
officials and employees, except those who serve in an honorary capacity, laborers
and casual or temporary workers, shall file under oath their Statement of Assets,
Liabilities and Net Worth and a Disclosure of Business Interests and Financial
Connections and those of their spouses and unmarried children under eighteen (18)
years of age living in their households.
The two documents shall contain information on the following:
(a) real property, its improvements, acquisition costs, assessed value and
current fair market value;
(b) personal property and acquisition cost;
(c) all other assets such as investments, cash on hand or in banks, stocks,
bonds, and the like;
(d) liabilities, and;
(e) all business interests and financial connections.
The documents must be filed:
(a) within thirty (30) days after assumption of office;
(b) on or before April 30, of every year thereafter; and
(c) within thirty (30) days after separation from the service.
All public officials and employees required under this section to file the aforestated
documents shall also execute, within thirty (30) days from the date of their
assumption of office, the necessary authority in favor of the Ombudsman to obtain
from all appropriate government agencies, including the Bureau of Internal Revenue,
such documents as may show their assets, liabilities, net worth, and also their
business interests and financial connections in previous years, including, if possible,
the year when they first assumed any office in the Government.
Husband and wife who are both public officials or employees may file the required
statements jointly or separately.
The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business
Interests and Financial Connections shall be filed by:
(1) Constitutional and national elective officials, with the national office of
the Ombudsman;
(2) Senators and Congressmen, with the Secretaries of the Senate and the
House of Representatives, respectively; Justices, with the Clerk of Court of
the Supreme Court; Judges, with the Court Administrator; and all national
executive officials with the Office of the President.
 PAGE 24
(3) Regional and local officials and employees, with the Deputy
Ombudsman in their respective regions;
(4) Officers of the armed forces from the rank of colonel or naval captain,
with the Office of the President, and those below said ranks, with the
Deputy Ombudsman in their respective regions; and
(5) All other public officials and employees, defined in Republic Act No.
3019, as amended, with the Civil Service Commission.
(B) Identification and disclosure of relatives- It shall be the duty of every public
official or employee to identify and disclose, to the best of his knowledge and
information, his relatives in the Government in the form, manner and frequency
prescribed by the Civil Service Commission.
(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any
statement filed under this Act for:
(a) any purpose contrary to morals or public policy; or
(b) any commercial purpose other than by news and communications
media for dissemination to the general public.
Section 9. Divestment. - A public official or employee shall avoid conflicts of interest
at all times. When a conflict of interest arises, he shall resign from his position in any
private business enterprise within thirty (30) days from his assumption of office and/or
divest himself of his shareholdings or interest within sixty (60) days from such
assumption.
The same rule shall apply where the public official or employee is a partner in a
partnership.
The requirement of divestment shall not apply to those who serve the Government in
an honorary capacity nor to laborers and casual or temporary workers.
5. Understand fully the coverage and procedure under the Forfeiture Law RA
1379. Distinguish its coverage from that of other graft laws.
RA 1379: An Act declaring forfeiture in favor of the state any property found to have
been unlawfully acquired by any public officer for the proceedings therefor
RA 1379 v. Other graft laws: primary focus is on forfeiting illegally acquired property
and declaring it as property of the State; other laws focus on the acts themselves
used to acquire the property
Acts punishable:
1. transfer or conveyance of any unlawfully acquired property by any public
officer or employee; or
2. acceptance of such transfer or conveyance by any person
Definition of terms (Sec 1)
Public officer or employee- any person holding any public office or employment by
virtue of an appointment, election or contract and any person holding nay office or
employment, by appointment or contract in any State owned or controlled corporation
or enterprise
Other legitimately acquired property- any real or personal property, money or
securities, which the respondent has at any time acquired by inheritance and the
income thereof, or by gift inter vivos before his becoming a public officer or employee,
or any property or income thereof thereof, already pertaining to him when he qualified
for public office or employment, or the fruits & income of the exclusive property of the
respondentʼs spouse, it shall NOT INCLUDE
1. Property unlawfully acquired by the respondent, but its ownership is
concealed by its being recorded in the name of, or held by, the
respondentʼs spouse, ascendants, descendants, relatives or ay other
person
CRIIMINAL LAW 2 FINALS REVIEWER / PROF. I.M. GUTIERREZ III / SECOND SEMESTER, AY 2011-2012
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2. Property unlawfully acquired by the respondent but transferred by him to 1. those in conspiracy with public officers guilty of malversation
another person or person on or after the effectivity of this act 2. those who are accessory or accomplice to a public officer
3. Property donated to the respondent during his incumbency unless he can 3. custodian of public funds or property in whatever capacity
prove to the satisfaction of the court that the donation is lawful 4. depositary or administrator of public funds or property
Filing of petition (Sec 1)
Whenever any public officer or employee has acquired during his incumbency an Presumption: when demand is made to the accountable officer to account for the
amount of property which is manifestly out of proportion to his salary as such public funds & property and the same is not forthcoming = prima facie evidence that he has
officer or employee and to his other lawful income and the income from legitimately put such missing funds or property to personal use
acquired property, said property shall be prima facie to have been unlawfully acquired Þ Return of funds malversed is only mitigating
Þ Demand is NOT necessary in malversation. Damages to the govt is not
Sol Gen. (upon complaint by a tax payer to a city or provincial fiscal) who shall necessary
conduct a previous inquiry similar to prelim investigations in criminal cases and shall
certify to the SG that there is reasonable ground to believe that there has been a Malversation is distinguished from estafa by:
violation of this Act and the respondent is probably guilty thereof, shall file on behalf 1. Public or private character of the accused
of the name of the Phil. In the CFI of the city or province where said public officer or 2. Nature of the funds
employee resides or holds office, a petition for a writ commanding said officer or 3. Fact that conversion is NOT required in malversation
employee to show cause why the property aforesaid, or any part thereof, should not 4. The rule that there is not need of prior demand in malversation
be declared state property. 5. Absence of a requirement of damage in malversation

Limits: no petition shall be filed within 1 year before any general election or within 3 Technical Malversation i.e. Illegal use of public funds or property (220)
months before any special eelctions Elements
1. that the offender is a public officer
The resignation, dismissal or separation of the officer or employee from his office or 2. that there is a public fund or property has been appropriated by law or
employment shall NOT BE A BAR to the filing of the petition. BUT the right to file ordinance
such petition shall prescribe 4 YEARS from the date of resignation, dismissal or 3. that he applies the same to a public use OTHER THAN that for which such
separation or expiration of the term of the officer concerned funds or property has been appropriated BY LAW OR ORDINANCE

6. Understand the basic concept of malversation. What is the essential element 7. Distinguish infidelity in the custody of prisoners from evasion of service of
of this crime? sentence.

Malversation of public funds or property; presumption of Malversation (207) Evasion of service of sentence (157): OFFENDER IS THE CONVICT
Acts punished Elements:
1. appropriating public funds or property 1. offender is a convict by final judgment
2. by taking or misappropriating the same 2. he is serving his sentence which consists in deprivation of liberty
3. by consenting, or through abandonment, or negligence, permitting any 3. he evades the service of his sentence by escaping during the term of his
other person to take such public funds or property sentence
4. by being otherwise guilty of the misappropriation or malversation of such Circumstances qualifying:
funds or property 1. by means of unlawful entry (scaling)
2. breaking doors, windows, gates, walls, roofs or floors
Common elements 3. by using picklocks, false keys, disguise, deceit, violence or intimidation
1. that the offender be a public officer 4. through connivance with other convicts or employess of the penal
2. that he had custody or control of funds or property by reason of the duties institution
of his office Ff. CANT commit evasion of service of sentence
3. that the funds or property were public funds or property for which he was 1. Accused who escapes during appeal or a detention prisoner
ACCOUNTABLE 2. Minor delinquents
4. that he appropriated, took, misappropriated or consented or through 3. Deportees
abandonment or negligence, permitted another person to take them
Custody: means guarding or keeping safe INFIDELITY OF PUBLIC OFFICERS (223-225)
-funds or property must be received in official capacity, if the public officer had no 1. Conniving with or consenting to evasion (223)
authority to receive the money and he misappropriated the same, the crime is 2. Evasion through negligence (224)
ESTAFA, not malversation
nature of the duties of the public officer not the name of the office is controlling Conniving with or consenting to evasion (223)
Elements:
Malversation may be committed by PRIVATE PERSONS in the ff cases: 1. offender is a public officer

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2. he had in his custody or charge a prisoner either detention prisoner or b. by maltreating such prisoner to EXTORT A CONFESSION or to
prisoner by final judgment obtain some information from the prisoner
3. that such prisoner escaped from his custody Þ public officer or employee must have ACTUAL CHARGE of the prisoner
4. that he was in connivance with the latterʼs escape Þ offender may also be held liable for PHYSICAL INJURIES or damage
caused; there is no complex crime of maltreatment of prisoners with serious or
Evasion through negligence (224) less serious physical injuries
Elements:
1. offender is a public officer Abuses against chastity(245)
2. he is charged with the conveyance or custody of a prisoner either Ways of committing abuses against chastity
detention prisoner or prisoner by final judgment 1. By soliciting or making immoral or indecent advance to a woman
3. that such prisoner escaped through his negligence interested in matters PENDING before the offending officer to which he is
4. positive carelessness that is short of deliberate non performance of his required to submit a report or consult with a superior officer
duties as a guard is the GRAVEMEN of the offense of crime of infidelity 2. By soliciting or making immoral or indecent advances to a woman UNDER
under 224 THE OFFENDERʼS CUSTODY
5. fact that he recaptured the prisoner after escape does not afford complete 3. By soliciting or making immoral or indecent advances to the wife,
exculpation daughter, sister or relative within the same degree, by affinity of any person in
Liability of escaping prisoner the custody of the offending warden or officer
1. if fugitive serving sentence by reason of final judgment, liable for EVASION
of service of sentence under Art. 157 Elements
2. if fugitive is only a detention prisoner, does NOT incur criminal liability 1. that the offender is a public officer
2. that he solicits or makes immoral or indecent advances to a woman
3. that the woman must be
a. interested in matters pending before the offender for decision, or with
Evasion of service of sentence Infidelity in the custody of prisoners (223- respect to which he is required to submit a report or to consult with a
(157) 224) superior officer, or
b. under the custody of the offender who is a warden or other public
-offender: convict by final judgment, -offender: public officer who had the prisoner officer directly charged with the care and custody of prisoners or
escapes during the term of his in his custody or charge (charged with persons under arrest; or
sentence conveyance) c. the wife, daughter, sister or relative within the same degree by affinity
-was in connivance with the prisoner in the of the person in the custody of the offender
latterʼs escape Þ the mother of the person in custody of the offender is not included
Þ solicit: propose earnestly and persistently something unchaste & immoral
Prisoner: convict by final judgment Prisoner: convict OR detainee to a woman
-note if convict escapes, liable under 157; if Þ the crime is consummated by mere proposal, if the offender succeeds in
detainee escapes no liability committing a crime v. chastity the solicitation and advances are merely
prepatory acts
Þ proof of solicitation is not necessary when there is sexual intercourse
8. Note the definition and elements of maltreatment of prisoners and abuses
Title Eight – CRIMES AGAINST PERSONS
against chastity.
1. Note the basic framework and difference in circumstances governing crimes
Maltreatment of prisoners (235)
involving the killing of persons.
Elements of maltreatment of prisoners
1. offender is a public officer or employee
Basic framework: there is a destruction of life in each crime (Chapter 1, Title 8)
2. that he has under his charge a prisoner convicted by final judgment or a
detention prisoner
Applicable if attended by the ff. circumstances:
3. that he maltreats such prisoner in either of the ff manners:
246: Parricide
a. by overdoing himself in the CORRECTION or HANDLING of a
● The deceased is the legitimate or illegitimate:
prisoner or detention prisoner under his charge either by
i. the imposition of punishments NOT AUTHORIZED BY ○ father, or
THE REGULATIONS or ○ mother, or
ii. inflicting such punishments (AUTHORIZED) in a cruel and ○ child of the accused
humiliating manner, or ● The deceased is Other legitimate ascendant of the accused
● The deceased is Other legitimate descendant of the accused

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o Adopted children included as they are considered legitimate children o Parent of a legitimate or illegitimate daughter under 18, living with him
o Grandparents of adopted child not included “Surprise” – to come upon unexpectedly and suddenly
● The deceased is the Legitimate spouse of the accused b) The killing or inflicting of serious physical injuries is immediately executed
after surprising spouse or daughter
248: Murder c) c. The accused did not facilitate or promote the prostitution of his wife or
Victim: not those mentioned in parricide daughter or not consented to the infidelity of the other spouse
Killing with the following circumstances:
● With treachery, taking advantage of superior strength, with the aid of armed JURISPRUDENCE:
men, or employing means to weaken the defense or of means or persons People vs. Abarca
to insure or afford impunity The phrase “immediately thereafter” in RPC 247 does not say that he
● In consideration of a price reward or promise should commit the killing instantly after witnessing the infidelity. It only
● By means of inundation, fire, poison, explosion, shipwreck, stranding of a requires that the killing be the direct result of the outrage suffered by
vessel, derailment or assault upon a railroad, fall of an airship, by means of the cuckolded husband.
motor vehicles or with the use of any other means involving great waste
and ruin 3. Distinguish between infanticide, intentional abortion, and unintentional
● On occasion of any of the calamities enumerated in the preceding abortion.
paragraph, or of an earthquake, eruption of a volcano, destructive cyclone,
epidemic or any other public calamity 255: Infanticide
● With evident premeditation ● The deceased is a child less than three (3) days old or 72-hours old
● With cruelty, by deliberately and inhumanly augmenting the suffering of the ● Offender: any person
victim, or outraging or scoffing at his person or corpse
256: Intentional abortion
249: Homicide ● Death of the fetus from
● Applied when none of the circumstances mentioned in Murder attended the ○ Violence is exerted without consent of the pregnant woman
killing and ○ Without violence, offender acts with the consent of the woman
● Victim(s) is(are) not any of the persons stated in Parricide.
257: Unintentional abortion
251: Death caused in a tumultuous affray
● The violence intentionally exerted by the accused to a pregnant woman
● Death (or physical injuries) happened when there are several persons
(more than 3) quarrelled and assaulted one another in a confused and resulted in the unintentional death of fetus
tumultuous manner
4. Distinguish between mutilation/mayhem and other classes of physical
253: Giving assistance to suicide injuries. Familiarize yourself thoroughly with the framework governing the
● When a person assisted another to kill himself (whether or not suicide is different classes of physical injuries.
consummated) to the extent that he did the killing himself
In Chapter 2: Physical injuries = there is no intent to kill.
254: Discharge of firearms If there is intent and it did not result in loss of life then it is attempted [crime in chapter
● Killing happened when a person discharged a firearm at a person without 1]
the intention to kill the other
RPC 262: Mutilation RPC 263: Serious physical RPC 264:
2. Understand fully the rules under Article 247, as elucidated upon by injuries Administering
jurisprudence. What is the nature of Article 247? injurious
substances or
NATURE OF RPC247 beverages
● It is a defense for the killing of a spouse or partner [or both] or daughter or
partner [or both]
ACTS PUNISHED ACTS PUNISHED: Notice acts
● Does not define or penalize a felony
1. Intentionally mutilating punished in 263
● Punishment: destierro (if all the rules in application are met)
another by depriving him, (one of them is
either totally or partially, of 1. Wounding, 264)
RULES IN APPLICATION OF RPC 247:
some essential organ for 2. Beating,
a) The accused surprises the victim(s) in the act of having sexual
reproduction 3. Assaulting or 1. Knowingly
intercourse
2. Intentionally making 4. Administering injurious administering to
o Legally married – killing or inflicting serious physical injuries to the
spouse and/or his/her sexual partner

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other mutilation, that is, by
lopping or clipping off any
part of the body of the
offended party, other than
the essential organ for
reproduction, to deprive
him of that part of his body
Consequences are
intentional
1. Intentionally mutilating
another by depriving
him, either totally or
partially, of some
essential organ for
reproduction
A: There be a castration,
that is mutilation of
organs necessary for
generation, such as
penis or ovarium.
B: The mutilation is
caused purposely and
deliberately, that is, to
deprive the offended
party of some essential
organ for reproduction.
2. Intentionally making
other mutilation, that is,
by lopping or clipping off
any part of the body of
the offended party, other
than the essential organ
for reproduction, to
deprive him of that part
of his body
A: The mutilation
involves a part of the
body other than an
organ for reproduction;
B: The mutilation is done
with a deliberate
purpose of depriving a
person of that part of his
body
 PAGE 28
substance (WBAA)
Consequences of WBAA not
intentionally the purpose of
WBAA:
- Became insane, imbecile,
important or blind (prision
mayor)
- Have lost the use of speech
or power to hear or to smell,
or shall have lost an eye, a
hand, a foot, an arm, or a
leg, or shall have lost the
use of any such member, or
shall have become
incapacitated for the work in
which he was theretofore
habitually engaged (pirision
correccional med to max)
- Person have become
deformed, or shall have lost
any other part of his body,
or shall have lost the use
thereof, or shall have been
ill or incapacitated for the
performance of the work in
which he was habitually
engage for a period of more
than 90 days (prision
correccional in min and
med)
- Caused the illness or
incapacity for labor of the
injured person for more than
30 days (arresto mayor)
- The offense was committed
against any of the persons
enumerated in 246
(Parricide) or with the
attendance of any of the
another any circumstances in RPC 248
injurious (Murder)
substance or
beverages or Cannot be committed by May be committed by reckless Cannot be
2. By taking imprudence or negligence or simple imprudence or committed by
advantage of his negligence reckless or simple
weakness of mind imprudence or
or credulity negligence
Consequences
are same in 263 RPC 265: Less serious physical RPC 266: Slight physical injuries and
injuries maltreatments
Consequence must not be any of
those mentioned in previous
articles
Offended party is incapacitated for WBAA which incapacitated the offended party
labor for 10 days to 30 days, or for labor from 1 to 9 days, or required medical
needs medical attendance from assistance during that period (arresto menor)
time to time
WBAA did not prevent the offended part from
engage in his habitual work or which did not
require medical assistance (arresto menor or a
fine note to exceed P20)
Ill-treatment without causing any injury (arresto
menor in min period or fine not to exceed P50)
5. Familiarize yourself thoroughly with the new rules governing rape. Note the
different modes by which rape can be committed. Understand when rape is
deemed consummated, based on the doctrines laid down in jurisprudence.
HOW RAPE IS COMMITTED (RPC 266-A)
Mode 1 Mode 2
1: Offender = Man 1: Offender (boy or girl) commits an act of
2: Man has carnal knowledge of a sexual assault
woman 2: Sexual assault is committed by any of
3: Carnal knowledge accomplished the ff. means:
by: ● MAN inserts his penis into
● Using force or intimidation another personʼs (boy or girl)
● Woman is deprived of mouth or anal orifice
reason or otherwise
● MAN OR WOMAN inserts any
unconscious
● Means of fraudulent instrument or object into the
machination or grave abuse genital or anal orifice of another
of authority person
● When the woman is under 3: Sexual assault in accomplished under
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12 years of age or any of the ff. circumstances: 1. When the victim is under 18 years old and the offender is a parent,
demented (even though ● Using force or intimidation ascendant, step-parent, guardian, relative by consanguinity or affinity within
consented) ● Woman is deprived of reason or the third civil degree, or the common-law spouse of the parent of the victim;
otherwise unconscious 2. When the victim is under the custody of the police or military authorities or
● Means of fraudulent machination any law enforcement or penal institution
Reclusion perpetua
or grave abuse of authority 3. When committed in full view of the spouse, parent, any of the children or
● When the woman is under 12 other relatives within the third civil degree of consanguinity
years of age or demented (even 4. Victim is a religious engaged in legitimate religious vocation or calling and
though consented) is personally known to be such by the offense before or at the time of the
Prision Mayor commission of the crime
5. Victim is below 7 years old
6. Offender has HIV/AIDS or any other STD and the virus or disease is
JURISPRUDENCE ON RAPE (How consummated) transmitted to the victim
Mode 1 7. Committed by members of the AFP or paramilitary units thereof or the PNP
People v. Orita: or nay law enforcement agency or penal institution, when the offender took
• Perfect penetration is not essential. Any penetration of the female organ by advantage of his position to facilitate the commission of the crime
the male organ is sufficient. Entry into vagina is sufficient to warrant 8. The victim suffered permanent physical mutilation or disability because of
conviction. or on occasion of the rape
• There is no such thing as frustrated rape. 9. When the offender knew of the pregnancy of the offended party at the time
People vs. Mangalino: of the commission of the crime
 Slightest penetration is sufficient to consummate the crime of rape. The 10. When the offender knew of the mental disability, emotional disorder and/or
penetration could only go as deep as the labia majora or pudendum of the physical handicap of the offended party at the time of the commission of
female organ – this is enough to consummate rape. the rape
People vs. Castro:
• Perfect penetration, rupture of the hymen or laceration of the vagina are not 6. Be familiar with the definitions and scope of the new anti torture law.
essential for the offense of consummate rape. Entry to the labia or lips of
the female organ is sufficient. RA 9745 of 2009 (Anti-Torture Law)
People vs. Atento:
● One can be guilty of rape when woman is deprived of reason or otherwise Section 3. Definitions
unconscious and at the same time when she is under 12 years old or
demented. (a) "Torture" refers to an act by which severe pain or suffering, whether physical or
● In this case 16 year-old victim was demented and described the rape as mental, is intentionally inflicted on a person for such purposes as obtaining from
“masarap” She is “deprived of reason” because she is mentally-challenged. him/her or a third person information or a confession; punishing him/her for an act
People vs. Campuhan: he/she or a third person has committed or is suspected of having committed; or
● Mere grazing or touching of the penis is not rape. Absent any showing of intimidating or coercing him/her or a third person; or for any reason based on
slightest penetration, it can only be attempted rape, if not, acts of discrimination of any kind, when such pain or suffering is inflicted by or at the
lasciviousness instigation of or with the consent or acquiescence of a person in authority or agent of
People vs. Gallo: a person in authority. It does not include pain or Buffering arising only from, inherent
● Special qualifying circumstances need to be alleged in the information for it in or incidental to lawful sanctions.
to be appreciated in the case.
People vs. Berana: (b) "Other cruel, inhuman and degrading treatment or punishment" refers to a
● Physical resistance need not be established in rape cases when deliberate and aggravated treatment or punishment not enumerated under Section 4
intimidation is exercised upon her and she submits herself against her will of this Act, inflicted by a person in authority or agent of a person in authority against a
to the rapistʼs lust because of fear for life and personal safety. person under his/her custody, which attains a level of severity causing suffering,
gross humiliation or debasement to the latter.
RULES/DOCTRINE:
Mode 2 (c) "Victim" refers to the person subjected to torture or other cruel, inhuman and
From Reyes book: degrading treatment or punishment as defined above and any individual who has
“Inserts any instrument or object” – includes finger of a person suffered harm as a result of any act(s) of torture, or other cruel, inhuman and
degrading treatment or punishment.
Qualifying/Aggravating circumstances: Death penalty (if done with Mode 1);
Reclusion temporal (in Mode 2) (d) "Order of Battle" refers to any document or determination made by the military,
***Note: Sir Barry always asks this in his exams police or any law enforcement agency of the government, listing the names of

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persons and organizations that it perceives to be enemies of the State and that it
considers as legitimate targets as combatants that it could deal with, through the use
of means allowed by domestic and international law.
Q: What can be the possible purpose of torture under this Act?
A: Torture can be inflicted in order to:
1. Obtain from the victim or a third person information or a confession
2. Punish the victim for an act he/she or a third person has committed or is
suspected of having committed; or
3. Intimidate or coerce the victim or a third person;
4. Or for any reason based on discrimination of any kind, when such pain or
suffering is inflicted by or at the instigation of or with the consent or
acquiescence of a person in authority or agent of a person in authority
Section 4. Acts of Torture
(a) Physical torture is a form of treatment or punishment inflicted by a person in
authority or agent of a person in authority upon another in his/her custody that causes
severe pain, exhaustion, disability or dysfunction of one or more parts of the body,
such as:
(1) Systematic beating, headbanging, punching, kicking, striking with
truncheon or rifle butt or other similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human
excreta and other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by
the rubbing of pepper or other chemical substances on mucous
membranes, or acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement,
urine, vomit and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into
the sex organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the
genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the
point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory.
alertness or will of a person, such as:
(i) The administration or drugs to induce confession and/or
reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms
of a disease; and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority
or agent of a person in authority which are calculated to affect or confuse the mind
and/or undermine a person's dignity and morale, such as:
(1) Blindfolding;
 PAGE 30 CRIIMINAL LAW 2 FINALS REVIEWER / PROF. I.M. GUTIERREZ III / SECOND SEMESTER, AY 2011-2012
(2) Threatening a person(s) or his/her relative(s) with bodily harm,
execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public
humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one
place to another, creating the belief that he/she shall be summarily
executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family,
relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her
in public places, shaving the victim's head or putting marks on his/her body
against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of
his/her family; and
(12) Other analogous acts of mental/psychological torture.
NOTES:
Q: Can torture absorb or be absorbed by other crimes?
A: No, torture as a crime shall not absorb or shall not be absorbed by any other crime
or felony committed as a consequence, or as a means in the conduct or commission
thereof. It shall be treated as a separate and independent criminal act. (Section 15,
RA 9745)
Q: Who are criminally liable under this Act?
A: The following can be held criminally liable as principals under this Act:
1. Any person who
a. Actually participated or induced in the commission of the crime
b. Cooperated in the execution of the criminal acts
2. Any superior military, police or law enforcement officer, or senior
government official who issued an order to any lower ranking official to
commit torture
3. The immediate commanding officer of the unit concerned of the AFP or the
immediate senior public official of the PNP and other law enforcement
agencies if:
a. His act or omission, or negligence shall have led, assisted,
abetted, whether directly or indirectly, the commission of the
crime by his/her subordinates.
b. He has knowledge of the commission of the crime but did not
take preventive or corrective action before, during or immediately
after its commission. (Section 13, RA 9745)
Title Nine – CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
1. Understand the definition of “deprivation of liberty.” When can kidnapping
be appreciated separately from homicide/murder of the person detained?
When must they be appreciated together as one crime?
Deprivation of Liberty (meaning)
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The term “actual deprivation of liberty” consists not only of placing a person in an
enclosure but also of detaining a person or depriving him in any manner of his liberty. *** Note: I didnʼt put in all the elements – just how the crimes are distinguished from
(People vs. Ramos) one another

Helpful notes: RPC 282: Grave Threats RPC 283: Light RPC 285: Other
● The essence of the crime of kidnapping as defined and penalized under Threats light threats
RPC 247 is the actual deprivation of the victimʼs liberty coupled with an Acts punished and elements: Acts punished:
indubitable proof of intent on the part of the malefactor to the effect such
restraint on the offended partyʼs liberty. (People vs. Ramos) MODE 1: Offender attains purpose of 1) Offender makes a MODE 1:
● “Depriving him in any manner of his liberty” threat threat to commit a Threatening
● No physical deprivation of liberty but also psychological restraint 1) Offender threatens another person with wrong; another with a
(People vs. Tomio) the infliction upon the latter's person, 2) The wrong does weapon or by
○ Japanese foreigner didnʼt know how to speak Tagalog honor or property, or upon that of the not constitute a crime; drawing such
or navigate the Philippines. Although he was released latter's family, of any wrong; 3) There is a demand weapon in a
he was deprived of freedom -- still illegal detention 2) Such wrong amounts to a crime for money or that quarrel, unless it
● Deprivation of freedom may be temporary 3) There is a demand for money or that other condition is be in lawful self-
any other condition is imposed, even imposed, even though defense;
Rules in appreciating homicide/murder with illegal detention though not lawful not unlawful
4) The offender attains his purpose 4) Offender has MODE 2:
AS SEPARATE OFFENSES: attained his purpose Orally
When the initial intent of the taking of the victims was to kill them and the MODE 2: Offender does not attain purpose or, that he has not threatening
deprivation of liberty and demand for ransom were only an afterthought – of threat attained his purpose another, in the
which only happened after the killing of the victim(s) – then it shall be 1) Offender threatens another person with heat of anger,
considered murder. (People vs. Padica) the infliction upon the latter's person, with some harm
honor or property, or upon that of the constituting a
APPRECIATED AS ONE OFFENSE: latter's family, of any wrong; crime, without
RA 7659: Where the person kidnapped is killed in the course of the 2) Such wrong amounts to a crime persisting in the
detention, regardless of whether the killing was purposely sought or was 3) There is a demand for money or that idea involved in
merely an afterthought, the kidnapping and murder or homicide can no any other condition is imposed, even his threat
longer be complexed under RPC 48, nor be treated as separate crimes, but though not lawful
shall be punished as a special complex crime under the last paragraph of 4) The offender does not attain his MODE 3:
RPC 267. (People vs. Ramos) purpose Orally
threatening to do
2. Note the prevailing jurisprudence on abandonment. MODE 3: Condition is imposed another any
1) Offender threatens another person with harm not
Lamera vs. CA (1991) the infliction upon the latter's person, constituting a
Short facts honor or property, or upon that of the felony
● Lamera is a jeepney driver who hit a tricycle and left the scene without latter's family, of any wrong;
helping or assisting the occupants thereof. 2) Such wrong amounts to a crime
● Two informations filed against Lamera – one for reckless imprudence 3) Threat is not subject to a condition
resulting in damage of properties with multiple physical injuries (RPC 365)
and abandonment (RPC 275, par. 2) RPC 286: Grave Coercions RPC 287: Light RPC 288: Other similar
● MeTC convicted him for RPC 365; Lamera prayed for the dismissal of Coercions coercions
criminal case for abandonment under RPC 275.
Issue: WON prosecution for negligence under RPC 365 is a bar to prosecution for
OFFENDER: Any person OFFENDER: OFFENDER: Person,
abandonment under RPC 275?
Creditor agent or officer of any
DOCTRINE: It is not a bar. RPC 275 and 365 are two separate offenses under the
association or corporation
Code – double jeopardy does not attach. RPC 365 is committed with culpa, the other
(RPC 275) is committed with dolo. RPC 365 is neither an offense in itself or an
element of the offense; its presence merely increases the penalty by one degree. ACT(S) ACT(S) ACT(S)
Prevents another from doing Seizes anything Forces his laborers or
3. Distinguish between the different classes of threat and coercion. Note the something not prohibited by belonging to his employees, directly or
specific types of threat and coercion. law or he compelled him to do debtor by violence or indirectly, to purchase

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1. Robbery with violence against, or intimidation of persons [listed below are
something against his will, be a display of material merchandise or acts punished]
it right or wrong force producing commodities of any kind a. Homicide
intimidation from him or from b. Rape
Prevention or compulsion be corporation/firm c. Intentional mutilation
effected by violence, threat or d. Arson
intimidation; Pays wages in currency or e. Serious physical injuries
tokens not under legal f. Less serious physical injuries
Restrained the will and liberty tender of Philippines which g. Slight physical injuries
of another had not the was not expressly h. Clearly unnecessary violence or intimidation
authority of law or the right to requested i. Intimidation only
do so, or in other words, that 2. Robbery by the use of force upon things (Un / inhabited place; Public /
the restraint shall not be made
private building; Edifice dedicated for religious worship) [listed below are
under authority of law or in the
exercise of any lawful right acts punished]
a. Entrance through an opening not intended for entrance
b. Breaking wall, door, window, etc.
c. Using false keys, etc.
4. Understand the concept of unjust vexation.
d. Using fictitious name, etc.
RPC 287 par. 2: “Any other coercion or unjust vexation” e. Breaking of door of furniture
● Includes any human conduct which, although not productive of some f. Taking away of closed furniture
physical or material harm would, however, unjustly annoy or vex an
innocent person. 2. Familiarize yourself thoroughly with the rules governing robbery with
● The paramount question to be considered in determining whether the crime homicide, rape, and physical injuries. Know the rules on robbery in band and
robbery committed through the use of an unlicensed firearm.
of unjust vexation is committed, is whether the offenderʼs act caused
annoyance, irritation, vexation, torment, distress or disturbance to the mind HOMICIDE
of the person to whom it is directed. ● All counts of homicide merged in one so long as all were done on the
● There is no violence or intimidation in unjust vexation. occasion of or by reason of robbery
● Intent to take property (robbery intent) must precede killing to be classified
as robbery with homicide
Title Ten – CRIMES AGAINST PROPERTY ● If homicide is not proven, crime is robbery only (and vice versa)
● All principals in the robbery are principals in robbery with homicide
1. What are the basic elements of robbery/theft? Understand the two modes by
● If an accessory did not know of the killing, he is guilty of robbery only
which robbery may be committed.
RAPE
● Robbery intent must precede rape (still robbery with rape even if rape was
ROBBERY THEFT committed in another place, so long as robbery intent preceded rape)
● There is NO such thing as robbery with attempted rape, since one is not a
Personal property Personal property necessary means to commit the other offense)
● Additional rapes will not increase penalty
Belonging to another Belonging to another
● If there is robbery, homicide, and rape = robbery with homicide, with rape
as aggravating circumstance
With intent to gain With intent to gain
PHYSICAL INJURIES
Serious Physical Injuries [SePI] (RPC 263)
Unlawful taking / against ownerʼs will Without ownerʼs consent
1. Injured person becomes insane, imbecile, impotent, or blind
2. Injured person loses use of speech or the power to hear or to smell, or
With violence / intimidation / force (before Without violence / intimidation / loses an eye, a hand, a foot, an arm, or a leg or shall have lost the use of
taking) force any such member, or becomes incapacitated for work in which he was
habitually engaged
TWO MODES OF COMMITTING ROBBERY

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3. Injured person becomes deformed, or loses any other member of his body,
or the use therefor, or becomes ill or incapacitated for the performance of At least 4 armed persons who Committed by any person on any Philippine
the work in which he as habitually engaged for more than 90 days form a band of robbers highway
4. Injured person becomes ill or incapacitated for labor for more than 30 days
● Commit robbery on the ● Seizure of any person for ransom or
The provisions on robbery with physical injuries provide that SePI #s 3 & 4 are highway extortion or any other unlawful
inflicted upon any person not responsible for its (robbery) commission, and they must ● Kidnap persons for purpose
also be inflicted in the course of the execution of robbery. Reyesʼ example: If a robber extortion or to obtain ● Taking away of another personʼs
inflicted serious physical injuries on another robber so the former can get all the loot, ransom property through violence,
the former is liable for TWO crimes: robbery, and serious physical injuries. ● Any other purpose intimidation, or force
through violence, force
When SePI #s 2-4 (as well as less serious physical injuries, slight physical injuries,
use of clearly unnecessary violence or intimidation, or intimidation only) are are
committed in the ff. circumstances, the offender will be punished with the maximum PEOPLE v. PUNO
period of penalties. ● PD 532 is a modification of RPC 306 and 307 (on brigandage)
1. In an uninhabited place ● Highway robbers and brigands are synonymous
● PD 532 punishes as highway robbery / brigandage only acts of robbery
2. By a band
perpetrated by outlaws indiscriminately against any person/s on Philippine
3. By attacking a moving train, street car, motor vehicle, or airship highways and not acts of robbery committed against a particular victim
4. By entering the passengersʼ compartments in a train, or in any manner
taking the passengers by surprise in their conveyances 5. Familiarize yourself thoroughly with the different modes by which estafa
5. On a street, road, highway, alley, and the intimidation is made with the use may be committed. Distinguish estafa from theft. Distinguish estafa from
of firearms violations of BP 22.

BAND, UNLICENSED FIREARM MODES

● At least 4 armed malefactors take part in the commission of robbery
● When any of the arms used is unlicensed, penalty on ALL malefactors is
the maximum of the corresponding penalty, without prejudice to the
criminal liability for illegal possession of firearms
● Any member present during the commission of a robbery by the band shall
be punished as principal of any of the assaults committed, unless it is
shown that he attempted to prevent the same
● If there is robbery, homicide, band = robbery with homicide + band as
aggravating circumstance
○ The special aggravating circumstance of use of unlicensed
firearm DOES NOT APPLY in this case
3. What is the definition of carnapping?
● Estafa with unfaithfulness
○ Offender, to the prejudice or damage of another, alters the
substance, quantity, or quality of something of value which he
has an onerous obligation to deliver
● Estafa with abuse of confidence
○ Offender, to the prejudice or damage of another, misappropriates
or converts money or property received in trust, etc. involving the
duty to deliver or return it, or denies the receipt thereof, and the
offended party makes a demand
● Estafa by means of deceit (by means of false pretenses / fraudulent acts /
through fraudulent means)
○ False pretense / fraudulent acts / means were made prior or
simultaneous with fraud, and offended party suffered damage
because he relied on them

CARNAPPING is the taking of another personʼs motor vehicle with intent to gain, ESTAFA (abuse of confidence) v. THEFT
without said personʼs consent, or by means of violence against, or intimidation of In estafa, the offender receives thing from offended party. In theft, the offender takes
persons, or using force upon things. thing without the ownerʼs consent, and owner expects the immediate return of the
thing upon its delivery to the offender.
4. Relate highway robbery with brigandage under the RPC. How has the Court
construed these crimes? ESTAFA v. BP 22
Additional facts of deceit and damage are required to be convicted of estafa. For
conviction under BP 22, deceit and damage are immaterial; it requires the additional
BRIGANDAGE (RPC) HIGHWAY ROBBERY / BRIGANDAGE (PD fact of drawerʼs knowledge of lack or insufficiency of funds.
(object is to prevent the formation 532)
of band of robbers) 6. Understand the prevailing framework on arson. How does it relate to other
crimes?

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ARSON is the malicious destruction of property by fire. There is simple, destructive,
and other cases of arson. The reason for the law is to effectively discourage and scandalous circumstance
deter commission of said crime, to prevent destruction of properties, and to protect People in the vicinity are the best witness to
the lives of innocent people. prove scandalous circumstance

Not sure how to answer the 2nd question but arson is a crime against property Penalty Prision correctional in Prision correction in its minimum and
because it is the malicious destruction of property by fire. :D its medium and medium periods
maximum period
7. What are the elements of malicious mischief? What are its special forms?

ELEMENTS 2. Understand the definition of acts of lasciviousness. Distinguish from rape.

1. Offender deliberately caused damage to anotherʼs property
2. Act does not constitute arson, or other crimes involving destruction Definition of Acts of Lasciviousness
3. Act committed merely for the sake of damaging property (due to hate / = Acts that are prompted by lust or lewd designs
revenge / other evil motives) - Lewd is defined as obscene, lustful, indecent and lecherous;
that which is carried on a wanton manner
SPECIAL CASES
1. Causing damage to obstruct performance of public functions
2. Using any poisonous / corrosive substance ACTS OF LASCIVIOUSNESS RAPE
3. Spreading any infection / contagion among cattle
4. Causing damage to National Museum, National Library property, or to any No penetration With penetration
archive or registry, waterworks, road, promenade, etc. used in common by
the public The intent is to perform lascivious acts The intent is to have carnal knowledge

8. What persons are exempted from liability under this title?

No attempted or frustrated stage No frustrated stage only
Only civil liability from the commission of theft, swindling / estafa, malicious mischief
RPC 332 applies only when the offender and offended party are relatives and their
relation is any of the following: 3. Understand the rules on seduction. Distinguish between qualified seduction
● Spouse, ascendants, descendants, relatives by affinity in the same line and simple seduction.
● Widowed spouse with respect to property which belonged to the deceased
spouse before the same passed into the possession of another
● Brothers and sisters and brothers-in-law and sisters-in-law, if living SIMPLE SEDUCTION QUALIFIED SEDUCTION
together at the time of the commission of the crime
Offended Party 1. A virgin, over 12 and under Over 12 and under 18 years of
Stepparents included as ascendants by affinity, common-law spouses also included 18 years of age age
2. A sister or descendant,
Title Eleven – CRIMES AGAINST CHASTITY whether virgin or not

1. Distinguish between adultery and concubinage. Acts committed 1. Sexual intercourse 1. Sexual intercourse
by the offender 2. Abuse of authority, 2. Deceit
confidence or relationship
ADULTERY CONCUBINAGE

Acts Sexual intercourse 1. Keeping a mistress in the conjugal 4. Familiarize yourself thoroughly with the framework on abduction.
Committed with a man not her dwelling Distinguish between forcible abduction and consented abduction. When can
husband 2. Having sexual intercourse under forcible abduction be appreciated distinctly from rape?
scandalous circumstance
3. Cohabiting with her in any other place
FORCIBLE CONSENTED ABDUCTION
ABDUCTION
Proof Carnal knowledge by Carnal knowledge cannot be proved by
circumstantial circumstantial evidence alone for there is a
Offended Any woman Virgin, over 12 and under 18 years of
evidence need to prove that it is done under

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= The fact that the first marriage is void from the beginning is not a defense in a
Party age bigamy charge
= The subsequent declaration of the nullity of the first marriage is immaterial because
Nature of the 1. Against her will 1. With consent, after solicitation or prior to the declaration of nullity, the crime had already been consummated
Abduction 2. With lewd design cajolery from the offender = The civil case for annulment of the first marriage does not pose a prejudicial
2. With lewd design question as to warrant a suspension of a trial and proceeding in the criminal case for
bigamy
Q: When can forcible abduction be appreciated distinctly from rape?
A: When there are several counts of rape, only one count of rape can be complexed
with forcible abduction. The other counts would be treated as a separate offense Title Thirteen – CRIMES AGAINST HONOR

5. Know the rules on prosecution of offenses under this title. 1. Familiarize yourself thoroughly with the rules governing libel/slander. When
is malice presumed? When must malice in fact be proven? What is privileged
communication? What are the different types of privileged communication?
CONCUBINAGE/ SEDUCTION, ABDUCTION, ACTS What is the rule governing public officers?
ADULTERY OF LASCIVIOUSNESS
ELEMENTS OF LIBEL
Who can file Offended spouse The offended party if he or she is of 1. That there must be an imputation of:
the complaint age • A crime allegedly committed by the offended party
Note: Both guilty parties • Vice or defect, real or imaginary of the offended party
mist be included in the • Any act, omission, condition, status of, or circumstance
complaint filed by the relating to the offended party
offended spouse 2. That the imputation must be made publicly
• Publication means communication of the defamatory matter to
If minor: (Note: Must be exercised in some third person or persons
this order) 3. That it must be malicious;
1. The minor himself/herself 4. That the imputation must be directed to a natural or juridical person, or
2. Parents who is dead
3. Grandparents 5. That the imputation must tend to cause the dishonor, discredit or
4. Legal guardian contempt of the person defamed
• Dishonor – disgrace, shame or ignominy
• Discredit – loss of credit or reputation; disesteem
Bar to 1. Pardon 1. Pardon
• Contempt – state of being despised
prosecution 2. Consent 2. Marriage to the offender
Test of Defamatory Character of the Words Used
The words used are construed in their entirety and taken in their plain, natural
Title Twelve – CRIMES AGAINST THE CIVIL STATUS OF PERSONS and ordinary meaning as they would naturally be understood by persons reading
them, unless it appears that they were used and understood in another sense.
1. Understand the concept of bigamy. Relate it to the rules governing void ab
initio marriages under civil law.
SLANDER SLANDER BY DEED
ELEMENTS OF BIGAMY
1. That the offender has been legally married
2. That the marriage has not been legally dissolved or, in case his or her Kinds Simple or Grave Simple or Grave
spouse is absent, the absent spouse could not have yet been presumed
dead according to the Civil Code Coverage Involves words uttered Involves an act committed
3. That he contracts a second or subsequent marriage
4. That second or subsequent marriage has all the essential requisites for Factors to 1. Expressions used 1. Social standing of the
validity Determine 2. Personal relations of the offended party
Gravity parties 2. Circumstances or occasion
Relation to the rules governing void ab initio marriages 3. Circumstances under which the act was
= The parties cannot presume their marriages to be void; a judicial declaration of surrounding the case committed
nullity is required 4. Position of the offended

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party
Q: When is malice presumed?
A: Malice in law is presumed from every defamatory imputation unless there is a
showing of good intention and justifiable motive
Q: When must malice be in fact proven?
A: If the libelous matter involves a qualifiedly privileged communication
Q: What is privileged communication?
A: Malice is not presumed in the following:
1. A private communication made by any person to another in performance of
legal, moral or social duty
a. That the person who made the communication had a legal, moral
or social duty to make the communication or at least he had an
interest to be upheld;
b. That the communication is addressed to an officer or a board, or
superior, having some interest or duty on the matter; and
c. That the statements in the communication are made in good
faith without malice in fact
2. A report of official proceedings
a. That report must be a fair and true report of a judicial,
legislative, or other official proceedings which are not of
confidential nature, or of a statement, report, or speech
delivered in said proceedings, or of any other act performed by a
public officer in the exercise of his functions;
b. That it is made in good faith; and
c. That it is made without any comments or remarks
Note: The two instances provided are examples of qualifiedly privileged
communication
Kinds of privileged communication:
1. Absolutely privileged – not actionable even if the actor has acted in bad faith;
2. Qualifiedly privileged – those which although containing defamatory
imputations, are not actionable unless made with malice or bad faith.
Q: What is the rule governing public officers?
A: Defamatory remarks and comments on the conduct or acts of public officers which
are related to the discharge of their official duties will not constitute libel if the
defendant proves the truth of the imputation.
2. What are the rules on venue?
Offended Venue
Party
Public Officer 1. CFI of the province or city where he held office at the time of the
commission of the offense; or
2. Where the libelous article is printed and first published
 PAGE 36
Private 1. CFI of the province or city where he actually resides at the time
Individual of the commission of the offense; or
2. Where the libelous matter is printed and first published
3. Familiarize yourself with the framework of the Anti-Wiretapping Law.
Persons liable:
1. Any person, not being authorized by all the parties to any private
communication or spoken word:
a. taps any wire or 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, or however otherwise
described.
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; or
b. replays the same for any other person/s; or
c. communicates the contents thereof, either verbally or in
writing, to any other person; or
d. furnishes transcriptions thereof, whether complete or partial, to
any other person.
NOTES:
 Special exception for peace officer authorized by written order of the court to
perform any of the aforementioned acts in cases involving crimes against national
security and law of nations and crimes against public order and kidnapping.
Any communication/spoken word obtained/secured in violation of this Act is
inadmissible as evidence in any hearing or investigation.
CRIIMINAL LAW 2 FINALS REVIEWER / PROF. I.M. GUTIERREZ III / SECOND SEMESTER, AY 2011-2012
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