 A.U.

BLUE NOTES

REVIEWER IN CRIMINAL LAW II

BOOK TWO NOTES

CRIMES AGAINST NATIONAL SECURITY Treason

AND THE LAWS OF THE NATIONS  It is a breach of allegiance to a
government committed by a person
Chapter One: who owes allegiance to it.
Crimes against National Security Allegiance-
(Arts. 114 -123)  It is the obligation of fidelity and
Crimes against national security obedience which one owes to the
 The crimes against national security government under which he lives; in
are: return for the protection he receives.
1. Treason Who are The persons that may be
2. Conspiracy and proposal to liable for the crime of treason-
commit treason  Filipino citizen and resident aliens
3. Misprision of treason can be liable for treason. A citizen
4. Espionage owes permanent allegiance while a
resident alien owes temporary
TREASON (Art114) allegiance to the government.
Elements of levying war?
ARTICLE 114: Treason. — Any person a. There be an actual assembling of
who, owing allegiance to (the United men
States or) the Government of the b. For the purpose of executing a
Philippine Islands, not being a treasonable design by force.
foreigner, levies war against them or Meaning of adherence to the enemy?
adheres to their enemies, giving them  Adherence to enemy- means that a
aid or comfort within the Philippine citizen intellectually or emotionally
Islands or elsewhere, shall be punished favors the enemies and harbors
by reclusion temporal to death and convictions disloyal to his country’s
shall pay a fine not to exceed P20,000 policy or interest. It means that there
pesos. is intent to betray.

No person shall be convicted of treason NOTE: Adherence alone without aid and
unless on the testimony of two comfort does not constitute treason
witnesses at least to the same overt although it may be inferred from the acts
act or on confession of the accused in committed.
open court. Meaning of the aid and comfort?
 Aid and comfort means an act which
Likewise, an alien, residing in the strengthen or tend to strengthen the
Philippine Islands, who commits acts of enemy of the Government in the
treason as defined in paragraph 1 of conduct of war against the
this Article shall be punished by prision government or an act which weakens
mayor to death and shall pay a fine not or tend to weakens the power of the
to exceed P20,000 pesos. (As amended government to resist or to attack the
by E.O. No. 44, May 31, 1945). enemies of the government .
Ways of proving treason?
Elements of treason?
1. Offender is a Filipino citizen or 1) Two witness rule the Testimony of
an alien residing in the two witnesses is required to prove
Philippines; the same overt act of giving aid or
2. There is a war in which the comfort.
Philippines is involved; 2) Confession of the accused in open
3. offender either: court.
a) Levies war against the
Government; o Note: The testimony of two witnesses is
b) Adheres to the enemies required to prove the same act, place and
by giving them aid and moment of time.
comfort.
  A.U. BLUE NOTES

If the overt act is separate, two witnesses b. That he has knowledge of any
must also testify to each part of the overt conspiracy against the
act. 1 government.
What are the circumstances inherent c. The conspiracy is one to commit
on the crime of treason? treason
A: treachery, abuse of superior strength and d. That he conceals or does not
evident premeditation are inherent in the disclose and make known the
crime of treason, therefore, not aggravating. same as soon as possible to the
proper authority.
Art 115, conspiracy and proposal to
commit treason –penalty-the 3. Art 116 is an exception to the rule
conspiracy and proposal to commit the that mere silence does not make
crime of treaon shall be punished by a person criminally liable. This is
respectively by prision mayor and a actually a crime of omission.
fine not exceeding 10.000 pesos and by 4. Art 116 does not apply When the
prision correctional and a fine not crime of treason is already
exceeding 5.000 pesos committed and the accused does
not report its commission to the
Notes proper authorities.
Conspiracy to commit treason is 5. The conspiracy is one to commit
committed when in time of war ,two or more treason
person come to an agreement to levy war 6. Offender in misprision of treason is
against the government and decide to punished as an accessory to treason
commit it and as principal in misprision of
Proposal to commit treason is treason.
committed when in time of war a person 7. The offender is however,a principal
who has decided to levy war against the in the crime of misprision of treason
Government or to adhere to the enemies
and to give them aid or comfort ,proposes ESPIONAGE (Art 117)
its execution to some other person or
person ARTICLE 117: Espionage. — The penalty
of prision correccional shall be inflicted
MISPRISION OF TREASON (Art 116) upon any person who:

ARTICLE 116: Misprision of treason. — 1. Without authority therefore,

Every person owing allegiance to (the enters a warship, fort, or naval
United States) the Government of the or military establishment or
Philippine Islands, without being a reservation to obtain any
foreigner, and having knowledge of information, plans, photographs,
any conspiracy against them, conceals or other data of a confidential
or does not disclose and make known nature relative to the defense of
the same, as soon as possible to the the Philippine Archipelago; or
governor or fiscal of the province, or 2. Being in possession, by reason
the mayor or fiscal of the city in which of the public office he holds, of
he resides, as the case may be, shall the articles, data, or information
be punished as an accessory to the referred to in the preceding
crime of treason. paragraph, discloses their
NOTES contents to a representative of a
1. Misprision of treason cannot be foreign nation.
committed by resident alien The penalty next higher in
degree shall be imposed if the
2. Elements of misprision of offender be a public officer or
treason? 1 employee.
:
a. That the offender is a citizen of Notes
the Philippines. 1. Espionage defined
 Espionage is the offense of
gathering, transmitting, or losing
  A.U. BLUE NOTES

information respecting the national b. Under par no 2 of art 117- the

defense with intent or reason to offender must be a public officer
believe that information is to be used who has in his possession the
to the injury of the Republic of the article,data or information by
Philippines or to the advantage of reason of the public office he
foreign Nation. holds
2. Two ways of committing
espionage? INCITING TO WAR OR GIVING MOTIVES
 First mode: by entering without FOR REPRISAL (Art 118)

2 ARTICLE 118: Inciting to war or giving

authority ,a warship fort or military motives for reprisals. — The penalty of
or naval establishment or reservation reclusion temporal shall be imposed
to obtain any information, plans or upon any public officer or employee,
other data of confidential nature and that of prision mayor upon any
relative to the defense of the private individual, who, by unlawful or
Philippines, or unauthorized acts provokes or gives
a. That the offender enters any of occasion for a war involving or liable to
the places mentioned therein involve the Philippine Islands or
b. That he has no authority exposes Filipino citizens to reprisals on
therefore their persons or property.
c. That his purpose is to obtain
information, plans, photograph or Notes
other data of a confidential
nature relative to the defense of 1. Elements of this crime?
the Philippines
 Second mode: By disclosing to the a. That the offender performs
representative of a foreign nation the unlawful or unauthorized acts.
contents of the articles, data, or b. Those acts provoke or give
information referred to in par no 1 of occasion for a war involving or
117 which he had in his possession liable to involve the Philippines or
by reason of the public office he expose the Pilipino citizen to
holds. reprisals on their persons and
elements property.
a. That the offender is a public 2. Illustrations
officer; a. The raising without sufficient
b. That he has in his possession the authorizations, of troops within
articles, data or information the Philippines for the service of
referred in paragraph 1of Art the foreign nation against
117 , by reason of the public another nation.
office he holds; b. The public destruction of the flag
c. That he discloses their contents or seal of a foreign state or the
to a representative of a foreign public manifestation of hostility
nation. to the head or ambassador of
3. Under the first mode of another state.
committing espionage. the 3. Reprisal defined
offender must have the intention to  is any kind of forcible or coercive
obtain information relative to the measure whereby one state seeks to
defense of the Philippines exercise a deterrent effect or to
4. It is not necessary that the obtained redress or satisfaction,
information is obtained directly or indirectly, for the
5. Persons liable in two ways of consequences of the illegal acts of
committing espionage another state, which has refused to
a. Under par 1of art 117 the make amends for such illegal
offender is any person ,whether a conduct.
citizen or foreigner ,a private
individual or a public officer Art 119 Violation of neutrality
Elements :
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1. that there is a war in which the 2. That the offender must be

Philippines is not invovel owing allegiance to the
government
2 3. That the offender
2. that there is a regulation issued by attempts to flee or go to
competent authority for the purpose enemy country
of enforcing neutrality 4. That the going to enemy
3. that the offender violates such country is prohibited by
regulation competent authority
notes 3
1. neutrality defined NOTES
a nation or power which takes no 1. An alien resident may be guilty of
part in the contest of arm going on flight to enemy country
between others is referred to as 2. Mere attempt or flee to enemy
neutral country consummates the crime
2. there must be regulation issued 3. When prohibited by competent
by competent authority for the authority
enforcement of neutrality

Art 120 correspondence with PIRACY AND MUTINY ON THE HIGH

hostile country – SEAS (Art 122)
elements
1. that in time of war in which ARTICLE 122. Piracy in general and
the Phiippines is involved mutiny on the high seas. — The penalty
2. that the offender makes of reclusion temporal shall be inflicted
correspondence with an upon any person who, on the high
enemy country or territory seas, shall attack or seize a vessel or,
occupied by enemy troops not being a member of its complement
3. that the correspondence is nor a passenger, shall seize the whole
either – or part of the cargo of said vessel, its
a. prohibited by the equipment, or personal belongings of
government its complement or passengers.
b. carried in cipher or
conventional sign The same penalty shall be inflicted in
c. containing notice or case of mutiny on the high seas.
information which might Notes
be useful to the enemy
Notes 1. What are the elements of piracy?
1. Correspondence defined. The elements of piracy are.
Correspondence is communication a) That a vessel is on the high seas
by means of letter ,or it may refer to or in Philippine waters
the letters which pass between those b) That the offenders are not
who have friendly or business members of its compliment or
relations passengers of the vessel
2. Even if the correspondence contain c) That the offenders (a) attack or
innocent Matter if the seize that vessel or (b) seize the
correspondence is prohibited by the whole or part of the cargo of said
Government,it is punishable vessel, its equipment or personal
3. Prohibition by the government is not belonging of its compliment or
essential in paragraph 2 and 3 of art passengers.
120.
2. Modes of committing piracy?
Art 121 : Flight to enemy country a. First mode – by attacking or
Elements seizing on the high seas or
1. That there is a war in Philippine waters.
which the Philippines is b. Second mode -By seizing the
involved whole or part of the cargo or
equipment of the vessel while on
  A.U. BLUE NOTES

the high seas or personal

belongings of its compliments or Q: What is mutiny?
passengers; the offenders not A: Mutiny is unlawful resistance to a
being members of the superior officer, or the raising of commotion
compliments of the vessel. or disturbance on board a ship against the
3. Piracy defined authority of its commander.
It is robbery or forcible depredation
on the high sea without lawful Q: What distinguishes piracy from
authority and done with animo mutiny?
furandi and in the spirit or intention A:
of universal hostility. PIRACY MUTINY
4 Offenders are Offenders are
4. high seas defined strangers to the members of the
High seas mean any waters on the vessel, that is, complement or the
seacoast which is without boundaries neither passengers passengers of the
of low water mark. nor crew members. vessel.
5. What are the kinds of piracy Intent to gain is an Intent to gain is
under art 122 as amended by RA element of piracy. immaterial. The
7659?- Piracy in high seas and offenders may only
piracy in internal water. intend to ignore the
6. Which court has jurisdiction over ship’s officers or
piracy committed in the high they may be
seas- Jurisdiction is with any court prompted by a
where offenders are found or desire to commit
arrested; the jurisdiction of piracy plunder.
unlike all other crimes has no Attack from the Attack from
territorial limit. outside the inside.

Q: What is the distinction between Art Pursuant to art 122 as amended by RA 7659
122 and PD 532 with respect to piracy Piracy and Mutiny may be committed in
committed in Philippine waters? Philippine waters.
A:
PRESIDENTIAL DECREE NO 532
3 ANTI PIRACY AND ANTI HIGHWAY
ARTICLE 122 PD 532 ROBBERY LAW OF 1974
Article 122 limits No qualification as
the offenders to to the criminal, Q: What is vessel?
non-passengers or hence, offender
non-members of may be a crew, a A: Any vessel or water craft used for
the crew. passenger or a transport of passengers and cargo for
stranger. fishing .

Q: What are the requisites to punish

Note: In both piracies is committed in the act of aiding or a betting piracy?
Philippine waters. A:
1. Knowingly aiding or protecting
Q: How is piracy distinguished from pirates;
robbery in Philippine waters? 2. Acquires or receive property taken
A: by such pirates, or
PIRACY ROBBERY ON THE 3. in any manner derives any benefit
HIGH SEAS there from; Directly or indirectly
The offender is an The offender is a abets the commission of piracy.
outsider member of the
complement or a Note: Under PD 532, PIRACY IN Philippine
passenger of the water may be committed even by a
vessel. passenger or member of the compliments of
the vessel.
  A.U. BLUE NOTES

ARTICLE 123. Qualified piracy. — The qualified piracy. Murder, rape, homicide,
penalty of reclusion temporal to death physical injuries are mer
shall be imposed upon those who
commit any of the crimes referred to in 4
the preceding article, under any of the
following circumstances: circumstances qualifying piracy and cannot
1) Whenever they have seized a be
vessel by boarding or firing upon punished as separate crimes, nor can they
the same; be complexed with piracy.
2) Whenever the pirates have
abandoned their victims without Q: Is qualified piracy a special complex
means of saving themselves; or crime?
A: Yes, it is punishable by reclusion
5 Perpetua to death regardless of the number
3) Whenever the crime is of victims. Offenders are not liable for the
accompanied by murder, separate crimes of murder, homicide,
homicide, physical injuries or physical injuries or rape.
rape.
NOTE: Crime here pertains to piracy and
Q: What are the special qualifying mutiny on the high seas.
aggravating circumstances under Art
123? AIRCRAFT PIRACY OR ANTI HIJACKING
A: LAW
a. Whenever they have Seize the
vessel by boarding and firing Q: What circumstances constitute
upon the same. aircraft piracy?
b. Whenever the pirates have A:
abandoned their victims without a. Usurping or seizing control of an
means of saving themselves. aircraft of Philippine registry
c. Whenever the crime is while it is in flight compelling the
accompanied by murder, pilot thereof to change the course
homicide, physical injuries, or or destination of the aircraft.
rape. b. Usurping or seizing control of an
aircraft of foreign registry while
Q: Is there a crime of qualified mutiny? within Philippine territory,
A: Yes, although in article 123 merely refer compelling the pilot thereof to
to qualified piracy .there is also a crime of land in any part of Philippine
qualified mutiny. Mutiny is qualified under territory.
the following circumstances.
Aggravating circumstances to no. 1
a. When the offenders abandoned and 2;
the victims without means of
saving themselves or; a. When the offender has fired upon
b. When the mutiny is accompanied the pilot, member of the crew, or
by rape, murder, homicide, or passenger of the aircraft.
physical injuries. b. When the offender has exploded
or attempted to explode any
Note: The first circumstance which qualifies bomb or explosive to destroy the
piracy does not apply to mutiny. aircraft
c. Whenever the crime is
Q: When piracy is committed and accompanied by murder,
accompanied by murder, homicide, homicide, serious physical injury.
physical injuries and rape, can these d. Carrying or loading on board an
crimes be complexed with piracy? aircraft operating as a public
A: No when any of these crimes accompany utility passenger aircraft in the
piracy, there is no complex crime .instead Philippines, any flammable ,
there is only one crime committed – corrosive or poisonous
substances
  A.U. BLUE NOTES

e. Loading ,shipping, or transporting Crimes against Crimes against

on board a cargo aircraft the law of the national security
operating as a public utility in the nation
Philippines, any flammable, Can be prosecuted Can be tried only in
corrosive, exclusive, or poisonous anywhere in the the Philippines .the
substances if this was done not in world because acts against
accordance with the rules and these crimes are national security
regulation set and promulgated considered crimes may be committed
by the air transportation office on against humanity abroad and still be
this matter. punishable under
our law but it
Q: What are the necessary requisites cannot be tried
before the anti-hijacking law or R.A. under foreign law.
6235 may apply?
6 TITLE TWO
A: the aircraft must be of Philippine registry
and must be in flight. CRIMES AGAINST THE FUNDAMENTAL
LAW OF THE STATE
Q: When is an aircraft considered in
flight? Chapter one:
A: An aircraft is considered in flight from the ARBITRARY DETENTION, OR
moment all exterior doors are closed EXPULSION, VIOLATION OF DWELLING,
following embarkation until such time when PROHIBITION, INTERRUPTION, AND
the same doors are again opened for DISSOLUTION OF PEACEFUL MEETING
disembarkation. This means that there are AND CRIMES AGAINST RELIGIOUS
passengers that boarded. The aircraft shall WORSHIP
be deemed to be already in flight even if its
engine has not yet been started. Note: All offenses in this title are required
to be committed by public officers except
Q: If the aircraft is of foreign registry, offending the religious feelings.
is it required that it is in fight before
R.A. 6235 applies? Classes of arbitarary detention
A: No, because aircrafts of foreign registry 1. Arbitrary detention by detaining a
are considered in transit while they are in person without legal ground (Art
foreign countries. 124) 5
2. Delay in the delivery of detained
Q: Is there hi jacking in attempted person to the proper judicial
stage? authority (art 125)
3. Delaying release (1rt 126)
A: None there is no hi jacking in attempted
stage .R.A 6235 is special law where the ARBITRARY DETENTION
attempted stage is not punishable. Art. 124. Arbitrary detention. — Any
public officer or employee who, without
Q: In the course of the hijacking, a legal grounds, detains a person, shall
passenger or complement was shot suffer;
and killed. What crime or crimes were 1. The penalty of arresto mayor in
committed? its maximum period to prision
A: The crime remains to be a violation of the correccional in its minimum
anti-hijacking law, but the penalty thereof period, if the detention has not
shall be higher because a passenger. Or exceeded three days;
complement of the aircraft had been 2. The penalty of prision
killed .the crime of homicide or murder is correccional in its medium and
not committed. maximum periods, if the
detention has continued more
Q: What distinguishes crimes against than three but not more than
the law of nations from crimes against fifteen days;
national security? 3. The penalty of prision mayor, if
A: the detention has continued for
  A.U. BLUE NOTES

more than fifteen days but not a public officer has if he is a public
more than six months; and a duty which carries officer, does not
4. That of reclusion temporal, if the with it the authority include as his
detention shall have exceeded to detain a person. function the power
six months to arrest and detain
a person.
Notes
1. Elements of the crime of 8. the distinction between
arbitrary detention? arbitrary detention and unlawful
a. Offender is a public officer or arrest?
employee ARBITRARY UNLAWFUL
b. He detains a person DETENTION ARREST
c. Detention is without legal crime The offender is a The offender may
public officer be any person.
2. arbitrary detention defined ? possessed with
7 authority to make
Arbitrary detention is the deprivation arrests.
by a public officer of the liberty of a The purpose for The purpose is to
person without any legal. detaining the accuse the
3. When is a person considered in offended party is to offended party of a
detention? deny him of his crime he did not
A person is detained when he is liberty. commit, to deliver
placed in confinement or there is the person to the
restraint on his person. proper authority,
4. In arbitrary detention, the offender and to file the
is a public officer whose function has necessary charges
something to do with the protection in a way trying to
of life and property and maintenance incriminate him.
of peace and order. Thus, if the one
who arrest another without legal
ground is a clerk in the office of the
central bank governor, arbitrary DELAYED IN THE DELIVERY OF
detention is not the proper charge. DETAINED PERSON TO THE PROPER
5. Can private individuals be held AUTHORITY (Art. 125)
liable for arbitrary detention?
Yes, they can be held similarly liable Q: What are the elements of this
as the public officer responsible for crime?
arbitrary detention if they conspired A:
with such public officers. a. That the offender is a public
6. the legal grounds for the officer or employee
detention of person? b. That he has detained a person for
some legal ground.
a. commission of crime c. That he fails to deliver such
b. Violent insanity or other ailment person to the proper judicial
requiring compulsory authorities within
confinement of the patient in a 1. 12 hours for offenses
hospital. punishable by light
c. When the person to be arrested penalties or their
is an escaping prisoner. equivalent.
7. the distinction between arbitrary 2. 18 hours for offenses
detention and illegal detention? punishable by correctional
A: penalties
ARBITRARY ILLIGAL 3. 36 hours, for crimes or
DETENTION DETENTION offenses punishable by
The principal The principal afflictive or capital
offender must be a offender is private penalties, or their
public officer. person. equivalent.
The offender who is The offender, even
  A.U. BLUE NOTES

Notes Art. 125, without

1. If the offender is a private the person detained
person ,the crime is illegal detention having been
6 charged before the
2. Shall detain any person for some proper judicial
legal grounds authority.
Under 125 the public officer or
employee has detained the offended
party for some legal ground .the DELAYING RELEASED (Art 126)
detention is legal in the beginning
because the person detained was ARTICLE 126. Delaying release. — The
arrested under any of the penalties provided for in Article 124
circumstances where arrest shall be imposed upon any public
without warrant is authorized by officer or employee who delays for the
law .the detention become illegal period of time specified therein the
after certain period of performance of any judicial or
time ,because the offended party executive order for the release of a
is not deliver to the porper prisoner or detention prisoner, or
unduly delays the service of the notice
8 of such order to said prisoner or the
judicial authority ,within the proceedings upon any petition for the
period specified by art 25. liberation of such person.
3. It does not apply when the Notes
arrest is by virtue of warrant of
arrest 1. Punishable acts?:
4. Shall fail to deliver such person a) Delaying the performance of
to the proper judicial authorities a judicial or executive order
The delivery to the judicial authority for the released of prisoner.
of a person arrested without warrant b) Unduly delaying the
by a peace officer ,does not consist proceeding upon any petition
of physical delivery ,but in making an for the liberation of such
accusation or charge or filing of an person.
information against the person c) Unduly delaying the
arrested with the corresponding proceeding upon any petition
court or judge for the liberation of such
5. Proper judicial authorities person.
It refers to the courts of justice or
judges of said court vested with 2. elements of delaying release?
judicial power to order the temporary a) Offender is a public officer or
detention or confinement of a person employee.
charged with having committed a b) There is judicial or executive
public offense. order for the release of a
6. the difference between delay in prisoner or detention
the delivery of detained persons prisoner or that there is a
(art. 125) and arbitrary proceeding upon a petition
detention (art. 124)? for the liberation of such
person
A: c) Offender without good
Delay in the Arbitrary detention reason delays.
delivery of detained 1. Service of the notice of
persons such order to the prisoner
The detention is The detention is or
legal at the outset illegal at the very 2. Performance of such
but becomes inception because judicial or executive
arbitrary when the of the absence of order for the released of
detention exceeds lawful cause for the prisoner or
any of the periods such arrest.
of time specified in
  A.U. BLUE NOTES

3. Proceedings upon a A; Only the courts by a final

petition for the released judgment can order a person to
of such person. change his residence and the
3. The warden and jailers are the President by virtue of deportation
public officers most likely to violate order .
art 126
VIOLATION OF DOMICILE
Note: The prisoner could be prisoner by
final judgment or detention prisoners. ARTICLE. 128. Violation of domicile. —
The penalty of prision correccional in
EXPULSION (Art 127) its minimum period shall be imposed
Art. 127. Expulsion. — The penalty of upon any public officer or employee
prision correccional shall be imposed who, not being authorized by judicial
upon any public officer or employee order, shall enter any dwelling against
who, not being thereunto authorized the will of the owner thereof, search
by law, shall expel any person from the papers or other effects found therein
Philippine Islands or shall compel such without the previous consent of such
person to change his residence. owner, or having surreptitiously
entered said dwelling, and being
Notes required to leave the premises, shall
refuse to do so.
1. Punishable acts?
a. expelling a person from the If the offense be committed in the
Philippines night-time, or if any papers or effects
9 not constituting evidence of a crime be
b. compelling a person to change not returned immediately after the
his residence search made by the offender, the
2. elements of expulsion? penalty shall be prision correccional in
a. offender is a public officer or its medium and maximum periods
employee Notes .
b. he either expels any person from
the Philippines compel a person 1. Punishable acts?
to change his residence a. Entering any dwelling against the
c. offender is not authorized to do will of the owner in the first mode
so by law lack of consent would not suffice
as the law requires that the
7 offender’s entry must be owner
3. if any of the punishable acts objection, express or implied.
under art 127 is committed by a b. Searching papers or other effects
private person .the crime is found therein without the
Grave coercion previous consent of such owner
4. X mayor of the city of Manila or In the second mode, mere lack
wanted to make a city free from of consent is sufficient.
prostitution, he ordered certain c. Refusing to leave the premises
prostitutes to be transferred to after having surreptiously
Davao, without observing due entered said dwelling and after
process what is the crime having been required to leave the
Committed by X same In the third mode, what is
a. Expulsion punished is refusal to leave the
5. What is the crime committed if entry having been made
aliens are deported without an surreptitiously.
order from the president or 2. Suppose the public officer is not
commissioner of immigration authorized to execute a search
and deportation after due warrant and warrant of arrest
proceeding? what crime can he be liable for?
A: Expulsion A; Qualified trespassing to dwelling
6. Who has the authority to order a 3. Suppose the punishable acts
person to change his residence? under art 128 are committed by
  A.U. BLUE NOTES

a private person, what crime did 2. That he has legally procured a

he commit? search warrant
A: trespass to dwelling 3. That he exceed his authority or uses
4. If a public officer searches a unnecessary severity in executing
person outside his dwelling not the same.
armed with a search warrant or Illustration
warrant of arrest, are the a) If the public officer, in executing a
provision of art 128 applicable? search
A; No, because the papers and other
effects mentioned in art 128 must be 8
found in the dwelling. warrant for opium, seized books,
5. What is the meaning of against personal
the will of the owner? letters, and other property having a
A: It presupposes opposition or remote or no connection with
prohibition by the owner express or opium , even if he believed or
implied and not merely the absence suspected that they had some
of consent. relation with opium , such public
officer may be held liable under art
SEARCH WARRANT MALICIOUSLY 129 exceeding authority in
OBTAINED AND ABUSE IN THE SERVICE executing a search warrant. (Uy
OF THOSE LEGALLY OBTAINED (Art Kheytin, et all. Vs Villareal et all, 42
129) phil.886)

ARTICLE 129. Search warrants But the possession of contraband

maliciously obtained and abuse in the articles, like firearm without license
service of those legally obtained. — In is a flagrant violation of the law and
addition to the liability attaching to the the contraband can be seized
offender for the commission without a writ.
b) If in searching a house, the public
10 officer destroys furniture therein
of any other offense, the penalty of without any justification at all , he is
arresto mayor in its maximum period guilty under art 129, as having used
to prision correccional in its minimum unnecessary severity in executing
period and a fine not exceeding P1,000 the search warrant.
pesos shall be imposed upon any public 4. search warrant defined
officer or employee who shall procure a A search warrant is an order in
search warrant without just cause, or, writing issued in the name of the
having legally procured the same, shall people of the Philippines signed by a
exceed his authority or use judge and directed to a peace officer.
unnecessary severity in executing the Commanding him to search for
same. personal property described therein
Notes and brings it before the court.
1. Punishable acts? 5. Personal property seized
A: Procuring a search warrant A search warrant may be issued
without just cause. for the search and seizure of the
Elements: following
1. That the offender is a public officer a. Subject to offense
or employee. b. Stolen or embezzled and other
2. That he procures a search warrant proceeds or fruits of the offense
3. That there is no just cause or
2. Exceeding his authority or by c. Used or intended to be used as
using unnecessary severity in the means of committing an
executing a search warrant offense
legally procured. 6. What is the crime if the search
Elements warrant is secured through false
1. That the offender is a public officer affidavit?
or employee The crime punished by this article
cannot be complex but will be a
  A.U. BLUE NOTES

separate crime from perjury since a) That the offender is a public officer
the penalty herein provided shall be or employee
in addition to the penalty of perjury. b) That he is armed with search
7. What is the validity of search warrant legally procured
warrant? c) That he searches the domicile,
A search warrant shall be valid for papers or other belongings of any
ten (10) days from its date. person.
8. What is probable cause? d) That the owner or any member of
It is such reasons, supported by facts his family, or two witnesses residing
and circumstances as will warrant a in the same locality is not present.
cautious man in the belief that his 2. Compare art 128 with art 129
action, and the means taken in and 130.
prosecuting it is legally just and A:
proper. Art.128 Art 129 and 130
9. When is a search warrant said The public officer is The public officer is
to have been procured without not armed with armed with a
just cause? warrant warrant but it was
A search warrant is said to have maliciously obtained
been procured without just cause or even if it was
when it appears on the face of the issued
affidavits filed in support of the regularly ,there was
application therefor, or through other abuse in the
evidence, that the applicant have implementation
every reason to believe that the thereof
search warrant sought for was
unjustified.
Illustration PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETING
A peace officer wanted to verify a report (Art 131)
that some corpse was unlawfully buried in a
monastery. Instead of stating to that effect, ARTICLE 131. Prohibition, interruption
he alleged in an affidavit that opium was and dissolution of peaceful meetings.
hidden in the premises. If no opium was — The penalty of prision correccional in
found, the officer is guilty under this article. its minimum period shall be imposed
upon any public officer or employee
SEARCHING DOMICILE WITOUT who, without legal ground, shall
WITNESSES (Art 130) prohibit or interrupt the holding of a
11 peaceful meeting, or shall dissolve the
same.
ARTICLE 130. Searching domicile
without witnesses. — The penalty of The same penalty shall be imposed
arresto mayor in its medium and upon a public officer or employee who
maximum periods shall be imposed shall hinder any person from joining
upon a public officer or employee who, any lawful association or from
in cases where a search is proper, shall attending any of its meetings.
search the domicile, papers or other
belongings of any person, in the The same penalty shall be imposed
absence of the latter, any member of upon any
his family, or in their default, without
the presence of two witnesses residing 9
in the same locality. public officer or employee who shall
Section Three. — Prohibition, prohibit or hinder any person from
interruption and dissolution of peaceful addressing, either alone or together
meetings with others, any petition to the
Notes authorities for the correction of abuses
1. What are the elements of this or redress of grievances.
crime?
notes
  A.U. BLUE NOTES

1. What are the acts punished in 131, and tumults and other
connection with peaceful disturbances, under article 153?
meetings, associations, and A:
petition? PID of Peaceful Tumults and
a. By prohibiting or by interrupting, Assemblies (Art. other
without legal ground the holding of 131) Disturbances
peaceful meeting or by dissolving the (Art. 153)
same. The public officer is The public officer is
b. By hindering any person from joining not a participant. a participant of the
any lawful association or from As far as the assembly.
attending any of its meeting gathering is
c. By prohibiting or hindering any concerned, the
person from addressing, either alone public officer is a
or together with others, any petition third party.
to the authorities for the correction The offender must The offender need
of abuses or redress of grievances. be a public officer. not be in public
2. Illustration of no. 1 office.
The chief of police who ordered the
speaker in a public meeting of the
Iglesia ni Cristo, then attacking the SECTION FOUR – CRIMES AGAINST
catholic and Aglipayan churches, to RELIGIOUS WORSHIP
stop and fired two shots in the air
which dispersed he crowd and Q: What are crimes against religious
stopped the meeting is liable under worship?
Art 131. A: They are:
3. What are the elements common 1. Interruption of religious worship
to the three acts punishable? 2. Offending religious feeling
a. Offender is a public officer
b. He performs any of the act Art 132 Art. 132. Interruption of
mentioned above religious worship. — The penalty of
4. Can a private individual commit prision correccional in its minimum
this crime? period shall be imposed upon any
No, only a public officer or employee public officer or employee who shall
can commit this crime. If the prevent or disturb the ceremonies or
offender is a private individual, the manifestations of any religion.
crime is disturbance of public defined If the crime shall have been committed
in Art 153. with violence or threats, the penalty
5. To commit the crime defined in the shall be prision correccional in its
first paragraph of art 131 the public medium and maximum periods.
officer must act without legal ground
6. When the meeting to be held is not Notes
peaceful ,there is legal ground for
prohibiting it 1. What are the elements of
7. The offender must be stranger not a interruption of religious
participant in the meeting worship?
8. Interrupting and dissolving the a. That the offender is a public
meeting officer or employee.
b. That religious ceremonies or
12 manifestation of any religion are
of municipal council by a public about to take place
officer is a crime against legislative c. That the offender prevents or
body not punished under art 131 disturbs the same
Illustration
9. What are the distinction 1. In barrio chapel, a priest was ready
between prohibition, to say mass and a number of barrio
interruption, or dissolution of folks were there to hear mass. The
peaceful meetings under article barrio lieutenant made an actual
threat on the life of the priest should
  A.U. BLUE NOTES

the latter persist in the intention to feeling of the minister and of

say the mass. As a result the mass members of the Iglesia ni Cristo who
was not celebrated. Held the barrio witness the incident.
lieutenant was guilty of a violation of b) Remarks that those who believe that
Art 132. Christ is God are Anti-Christ, which
all the members of Roman Catholic
2. The reading of some verses out of Church are marked by the Demon
the bible in a private house by a and that Pope is commander of
group of 10 to 20 persons, adherents Satan are notoriously offensive to
of Methodist church, is a religious the feeling of the faithful.
service. The reason for this ruling is
that there is no provision of law Note: – the construction of fence in front of
which requires religious service to be the chapel, even those irritating and
conducted in approved orthodox vexatious to those present in pabasa, is not
style in order to merit its protection notoriously offensive to the feeling of the
against interference and disturbance. faithful. The crime committed is only unjust
vexations.
Q: What circumstances qualifying the 2. What is meant by religious
offense? ceremony covered by article 132
A: If the crime is committed with violence or and 133?
threat. A religious ceremonies are those
religious acts performed outside of a
10 church, such as procession and
OFFENDING THE RELIGIOUS FEELING special prayers for burying dead
(Art 133) person.
3. What is an act considered
ARTICLE 133. Offending the religious notoriously offensive?
feelings. — The penalty of arresto when the act is directly directed to
mayor in its maximum period to prision religious practice or dogma or ritual
correccional in its minimum period for the purpose ridicule, as mocking
shall be imposed upon anyone who, in or scoffing at or attempting to
a place devoted to religious worship or damage an object or religious
during the celebration of any religious veneration.
ceremony shall perform acts 4. the crime may be committed by
notoriously offensive to the feelings of a public officer or a private
the faithful. individual?
Notes
Note: Offense of feeling is judged from
1. What are the elements of complainant’s point of view. There must be
offending religious feeling? deliberate feeling to judge the feeling of the
a. That the acts complaint of were faithful.
performed (1) in a place devoted
to religious worship or (2) during TITLE THREE
celebration of any religious CRIMES AGAINST PUBLIC ORDER
ceremony. CHAPTER ONE:
b. That act must be notoriously REBELLION, COUP D ETAT, SEDITION
offensive to the feeling of the AND DISLOYALTY
faithful.
Illustration REBELLION /INSURRECTION (Art 134)
a) Throwing stone at the minister of Art. 134. Rebellion or insurrection; How
the iglesia ni cristo who was committed. — The crime of rebellion or
preaching or spreading his beliefs insurrection is committed by rising
before a crowd notoriously offended publicly and taking arms against the
the religious Government for the purpose of
removing from the allegiance to said
13 Government or its laws, the territory of
the Philippine Islands or any part
thereof, of any body of land, naval or
  A.U. BLUE NOTES

other armed forces, depriving the Chief munist ; and helping of Huks in opening
Executive or the Legislature, wholly or accounts with the banks of which he was an
partially, of any of their powers or official do not constitute rebellion
prerogatives. (As amended by R.A. 11 (carino vs people et all 7 SCRA 900)
6968).
Notes 14

1. What are the elements of this In one case, accused not only confessed his
crime? membership with the Sparrow unit but also
a. That there be (a) public uprising his participation and that of his group in the
(b) taking arms against the killing of the policemen Manatad while the
government. later was manning the traffic in Mandaue
b. That the purpose of the uprising City in the afternoon of August 4 , 1987. It is
or movement is either of judicial notice that the sparrow Unit is a
 To remove from the liquidation squad of the new people’s army
allegiance to sad with the objective of overthrowing the duly
government or its laws: constituted government. It is therefore not
 The territory of the hard to comprehend that the killing of PFC
Philippines or any part Manatad was committed as a means to or
thereof furtherance of the subversive ends of the
 Anybody of land, naval or NPA. The crime committed is rebellion and
other armed forces or not murder with direct assault. (People vs
c. To deprived the chief executive Dasig 221 SCRA 549)
or congress, wholly or partially of
any of their powers or 5. What are the distinction
prerogatives. between rebellion and sedition?
2. rebellion and insurrection are A:
not synonymous REBELLION SEDITION
the term rebellion is more There must be It is
frequently used where the object of taking up of arms sufficient that the
the movement is completely to against the public uprising be
overthrow or supersede the existing government. tumultuous.
Government, while insurrection is Purpose is always Purpose may be
more frequently employed in political, that is, to political or social,
reference to movements which seek overthrow the that is, merely to
merely to effect some change of government. go against the
minor importance, or to prevent the established
exercise of governmental authority government not to
with respect to particular matter or overthrow it.
subjects.
3. What is the nature of the crime
of rebellion? 6. What are the distinction
Rebellion is a crime of the masses it between rebellion and treason?
requires multitude of people .it is a A:
vast movement of men and a Rebellion Treason
complete network of intrigues and The uprising is The levying of war
plots. against the is done to aid
4. Who are liable for rebellion? government enemy
The people liable for rebellion are the
The purpose is to The purpose is to
leaders and followers.
substitute the deliver the
Illustration
existing government to the
government with enemy.
The acts of the accused who is not member
another.
of hukbalahap organization of sending
cigarettes and food supplies to huk leader;
7. What are the distinction
the changing of dollar into pesos for a top
between rebellion and
level com
subversion?
A:
  A.U. BLUE NOTES

REBELLION SUBVERSION A: The principal offenders are members of

Crime against Crime against the AFP or of the PNP organization or a
public order. national security. public officer with or without civilian
There must be Being officers and support.
public uprising to ranking members 3. Who are the people liable for
overthrow the of subversive rebellion, insurrection or coup
government. groups constitute d’état?
subversion. a. Leaders;
 Any person who promotes,
maintain, or heads a rebellion
or insurrection; or
COUP D’ ETAT (Art 134-A)  Any person who leads, directs
or commands others to
ARTICLE 134-A. Coup d'etat; How undertake a coup d’état.
committed. — The crime of coup d'etat Note: in coup d’état when leader is
is a swift attack accompanied by unknown , any person who in fact directed
violence, intimidation, threat, strategy the others ,spoke for them signed receipt
or stealth, directed against duly and other document issued in their name, or
constituted authorities of the performed similar acts , on behalf of the
Republic of the Philippines, or any group shall be deemed the leader of said
military camp or installation, coup d’état (Art 135 RPC)
communications network, public b. Participants
utilities or other facilities needed for  Any person who
the exercise and continued possession participates or executes
of power, singly or simultaneously the commands of others in
carried out anywhere in the Philippines rebellion or insurrection.
by any person or persons, belonging to  Any person in the
the military or police or holding any Government service who
public office of employment with or participates or executes
without civilian support or directions or commands of
participation for the purpose of seizing others in
or diminishing state power. (As undertaking a coup d’état.
amended by R.A. 6968).
notes 12
 Any person not in the
1. What are the elements of this Government service who
crime? participates, supports,
a. Offender is a person or persons finances, abets, or aids in
belonging to the military or police undertaking a coup d’état.
or holding any public office or Note: The crime of coup d’état may be
employment. committed with or without civilian support.
b. It is committed by means of a
swift attack accompanied by Q: What are the differences between
violence, intimidation, threat, coup d’état and rebellion?
strategy or stealth. A:
c. Attack is directed against duly COUP D ETAT REBELLION
constituted authorities of the Essence is a swift Essence of the
republic of the Philippines or any attack against the crime is public
military camp or installation government, its uprising and taking
communication network, public military camps or up arms against
utilities or other facilities needed installations, the government.
for the exercise and continued communication
possession of power. network and public
d. Purpose of the attack is to seize facilities and
or diminish state power. utilities essential to
2. Who are the principal offender the continued
of coup d’état? exercise of
governmental
  A.U. BLUE NOTES

powers.
May be carried out Requires a public A: In contrast to common crimes, are those
singly or uprising, or a directly aimed against the political order, as
simultaneously. multitude of well as such common crimes as may be
people. committed to achieve a political purpose.
Principal offenders Offenders need not The decisive factor is the intent or the
must be members be committed by motive.
of the military, the uniformed
national police or personnel of the Note: Killing robbing etc. for the purpose of
public officer, with military or the
or without civilian police 15
support. profit without any political motivation would
The purpose is The purpose is to be separately punished would not be
merely to paralyze overthrow the absorbed in the rebellion
the existing existing People vs. Geronimo, ET all G.R. NO 176268,
government. government. March 10, 2008)

PENALTY FOR REBELLION OR CONSPIRACY AND PORPOSAL TO

INSURRECTION COMMIT REBELLION OR
OR COUP D’ETAT (Art 135) INSURRECTION (Art 136)

Q: Who are the person liable for ARTICLE 136. Conspiracy and proposal
rebellion, insurrection or coup d’état? to commit coup d’état, rebellion or
insurrection. — The conspiracy and
A: 1. The leaders- proposal to commit coup d’état shall
1.1 Any person who promotes, be punished by prision mayor in
maintains, or heads a rebellion or minimum period and a fine which shall
insurrection. not exceed eight thousand pesos
1.2 1.2Any person who leads, directs (P8,000.00). The conspiracy and
or commands others to undertake proposal to commit rebellion or
a coup d’état. insurrection shall be punished
respectively, by prision correccional in
2. The participants- its maximum period and a fine which
2.1 Any person who participates or shall not exceed five thousand pesos
executes the commands of others (P5,000.00) and by prision correccional
in rebellion or insurrection. in its medium period and a fine not
2.2 Any person in the government exceeding two thousand pesos
service who participates or (P2,000.00). (As amended by R.A.
executes directions or commands 6968, approved October 24, 1990).
of others in undertaking a coup notes
d’état.
2.3 Any person not in the government 1. When can there be conspiracy to
service who participates, supports, commit rebellion?
finances, abets or aids in There is conspiracy to commit
undertaking a coup d’état. rebellion when two or more persons
come to an agreement to rise
Q: Who shall be deemed the leader of publicly and take arm against the
the rebellion, insurrection or coup government foe any of the purpose
d’état in case he is unknown? of rebellion and decide to commit it .
A: Any person who in fact: 2. When can there be proposal to
1. Directed others commit rebellion?
2. Spoke for them There is proposal to commit rebellion
3. Signed receipt and other documents when the person who has decided to
issued in their name. rise publicly and take arms against
4. Performed similar acts on behalf of the
the rebels.
13
Q: What are political crimes?
  A.U. BLUE NOTES

government for any of the purpose of Q: What are the elements of the crime
rebellion proposes its execution to of inciting to rebellion/insurrection?
some other person or persons. A:
1. That the offender does not take the
DISLOYALTY OF PUBLIC arms or is not in open hostility
OFFICERS/EMPLOYEES against the government.
(Art 137) 2. That he incites others to the
execution of any of the act of
Art. 137. Disloyalty of public officers or rebellion.
employees. — The penalty of prision 3. That the inciting is done by means of
correccional in its minimum period speeches, proclamations, emblems,
shall be imposed upon public officers writings ,banners or other
or employees who have failed to resist representations tending to the same
a rebellion by all the means in their ends (spewbo)
power, or shall continue to discharge 16
the duties of their offices under the Q: What is the difference between
control of the rebels or shall accept inciting to rebellion and proposal to
appointment to office under them. commit rebellion?
(Reinstated by E.O. No. 187). A:
notes INCITING TO PROPOSAL TO
1. What are the punishable acts in REBELLION COMMIT
the crime of disloyalty of public REBELLION
officers/employees? It is not required The person
a. Failing to resist a rebellion by all that the offender who proposes has
the means in their power. has decided to decided to commit
b. Continuing to discharge the commit rebellion rebellion.
duties of their office under the The act of inciting The person who
control of the rebels. is done publicly proposes the
c. Accepting appointment to office execution of the
under them. crime uses secret
Note: Crime of disloyalty of public officers means.
presupposes the existence of rebellion by The offender The crime of
other persons. induces another to rebellion should not
commit rebellion. be actually
2. The offender must be a public officer committed by the
or employee persons to whom it
3. Offenders must not be in conspiracy is proposed or who
with the rebels otherwise, the crime are incited.the
they commit is rebellion. proponent or the
one inciting may
INCITING TO REBELLION OR become a principal
INSURRECTION (Art 138) by inducement in
the crime of
Art. 138. Inciting a rebellion or rebellion.
insurrection. — The penalty of prision
mayor in its minimum period shall be SEDITION (Art 139)
imposed upon any person who, without
taking arms or being in open hostility Art. 139. Sedition; How committed. —
against the Government, shall incite The crime of sedition is committed by
others to the execution of any of the persons who rise publicly and
acts specified in article 134 of this tumultuously in order to attain by
Code, by means of speeches, force, intimidation, or by other means
proclamations, writings, emblems, outside of legal methods, any of the
banners or other representations following objects:
tending to the same end. (Reinstated 1. To prevent the promulgation or
by E.O. No. 187). execution of any law or the
Notes holding of any popular election
  A.U. BLUE NOTES

2. . To prevent the National

Government, or any provincial or Q: What are tumultuous act?
municipal government or any A: Acts are considered to be tumultuous if
public officer thereof from freely caused by more than three persons who are
exercising its or his functions, or armed or provided with the means of
prevent the execution of any violence.
administrative order;
3. To inflict any act of hate or Q: What differentiates sedition from
revenge upon the person or the crime of tumult and other
property of any public officer or disturbance of public order?
employee; A:
4. To commit, for any political or SEDITION TUMULT AND
social end, any act of hate or POTHER
revenge against private persons DISTURBANCE OF
or any social class; and PUBLIC ORDER
5. To despoil, for any political or Sedition involves There is no public
social end, any person, disturbance of uprising.
municipality or province, or the public order
National Government (or the resulting from a
Government of the United tumultuous 17
States), of all its property or any uprising.
part thereof.
notes Q: Is there a crime of complex crime of
sedition with murder?
Q: What are the elements of the crime A: There is none.
of sedition?
A: Q: Suppose murder is committed in the
1. That the offender rise; course of sedition can the murder be
2. Publicly; and absorbed in the crime of sedition?
3. Tumultuously; A: No, murder cannot be absorbed in
4. That they employ force, intimidation, sedition .if murder is committed it shall be
other means outside of legal treated as separate crime.
methods;
5. That the offenders employ any of CONSPIRACY TO COMMIT SEDITION
those means to attain any of the (Art 141)
following objects;
14 Art. 141. Conspiracy to commit
1.1. To prevent the promulgation sedition. — Persons conspiring to
or execution of any law or the commit the crime of sedition shall be
holding of the popular punished by prision correccional in its
election; medium period and a fine not
1.2. To prevent the government or exceeding 2,000 pesos. (Reinstated by
any public officer from freely E.O. No. 187).
exercising it’s his function or Notes
prevent the execution of any Q: Is there a crime of proposal to
administrative order; commit sedition?
1.3. To inflict any act of hate or A: There is none only conspiracy to commit
revenge upon the person or sedition is punishable and not proposal to
property of any public officer commit sedition.
or employee;
1.4. To commit for any political or Note: There must be an agreement both to
social end any act of hate or attain an object of sedition and to rise
revenge against private publicly and tumultuously.
person or any social class;
1.5. To despoil from any political INCITING TO SEDITION
or social end any person or (Art 142)
the government of all its
property or any part thereof.
  A.U. BLUE NOTES

Q: What are the punishable acts in the A:

crime of inciting to sedition?
A: 15
1. Inciting others to the 1. Clear and present danger rule-
accomplishment of the any of the words must be of such nature that by
acts which constitute sedition by uttering them there is a danger of a
means of speeches. Proclamation, public uprising and that such danger
emblems, writing. Etc. should be both clear and imminent.
2. Uttering seditious word or speeches 2. Dangerous tendency rule- if
which tend to disturb the public words used tend to create a danger
peace. of public then those words could
3. Writing, publishing or circulating properly be the subject of a penal
scurrilous libel against the clause.
Government or duly constituted
authorities thereof, which tend to Q: Which of the above rules is adopted
disturb the public peace. in the Philippine Jurisdiction?
Notes A: It is the dangerous tendency rule that is
Q: What does scurrilous means?
A: Scurrilous means vulgar, mean, foul 18
generally adopted in the Philippines with
Q: What are the elements of acts no 1? respect to seditious cases. It is enough that
A: the words used may tend to create danger
1. That the offender does not take of public uprising.
direct part in the crime of sedition.
2. That he incites other to the Q: What are some of the instances of
accomplishment of any of the acts inciting to sedition?
which constitute sedition A:
3. That the inciting is done by means of 1. Meeting for the purpose of discussing
speeches, proclamation, writings, hatred against the Government.
emblems, cartoons, banners, or 2. Lambasting Government official to
other representation tending to the discredit the Government.
same end.
Q: Supposed the objective of the
Q: When are uttering seditious words/ abovementioned acts is to overthrow
speeches and writing, publishing or the Government. What is the crime
circulating scurrilous libels punishable? committed?
A: such are seditious when:
1. They tend to disturb or obstruct any A: The crime would be inciting to sedition.
lawful officer in executing the
function of the office. CHAPTER TWO:
2. They tend to instigate others to cabal CRIMES AGAINST POPULAR
and meet together for unlawful REPRESENTATION
purposes.
3. They suggest or incite rebellious ACTS TENDING TO PREVENT THE
conspiracies or riots MEETING OF THE ASSEMBLY AND
4. They lead or tend to stir up the SIMILAR BODIES
people against the lawful authorities
or disturb the peace of the Art. 143. Act tending to prevent the
community, and the safety and order meeting of the Assembly and similar
of the Government. bodies. — The penalty of prision
Note: In inciting to sedition, the offender correccional or a fine ranging from 200
must not take part in any public or to 2,000 pesos, or both, shall be
tumultuous uprising. imposed upon any person who, by
Scurrilous libel against the Government is force or fraud, prevents the meeting of
punishable as inciting to sedition. the National Assembly (Congress of the
Philippines) or of any of its committees
Q: What are the two rules relative to or subcommittees, constitutional
seditious words? commissions or committees or
  A.U. BLUE NOTES

divisions thereof, or of any provincial b) That the offender does any of the
board or city or municipal council or following acts.
board. (Reinstated by E.O. No. 187). c) He disturbs any of such meeting;
Notes d) He behaves while in the presence of
any such bodies in such a manner as
Q: What are the elements of this to interrupt its proceeding or to
crime? impair the respect due it.
A:
1. That there be a projected and actual Note: Disturbance created by participant in
meeting of the National Assembly or the meeting is not covered by Art 144.
any of its committees or 2. It must be a meeting of a legislative
subcommittees, constitutional body or of provincial board or city or
commission or committees or municipal council or board which is
division thereof, or of any Provincial disturbed
board or city or Municipal council or 3. The complaint for disturbance of
board. proceeding may be filed by a
2. That the offenders, who may be any member of a legislative body
person, prevent such meeting by 4. One who disturbs the proceeding of
force or fraud. the national assembly may also be
Illustration punished for contempt by the
assembly
Chief of police and mayor who prevented
the meeting of municipal council are liable VIOLATION OF PARLIAMENTARY
under Art 143, when the defect of the IMMUNITY (Art 145)
meeting is not manifest and requires an
investigation before its existence can be Q: What are the punishable acts in
determine. violation of Parliamentary Immunity?
19
DISTURBANCE OF PROCEEDING Art A:
(144) 1. Using force, intimidation threats or
fraud to
Art. 144. Disturbance of proceedings. 2. prevent any member of the congress
— The penalty of arresto mayor or a from
fine from 200 to 1,000 pesos shall be a. Attending the meeting of the
imposed upon any person who disturbs congress or any of its
the meetings of the National Assembly committees or
(Congress of the Philippines) or of any subcommittee’s constitutional
of its committees or subcommittees,
constitutional commissions or 16
committees or divisions thereof, or of commission or committees.
any provincial board or city or b. Expressing his opinion or.
municipal council or board, or in the c. Casting his vote.
presence of any such bodies should 3. Arresting or searching any member
behave in such manner as to interrupt thereof while the congress is in
its proceedings or to impair the respect regular or special session.
due it. (Reinstated by E.O. No. 187). Notes
notes 1. What is session?
It refers to the entire period from its
1. What are the elements of this initial convening until its final
crime? adjournment.
a) That there be a meeting of congress Note: The offender in par. 1 may be any
or any of its committees or person.
subcommittees, constitutional 2. Parliamentary immunity does not
commission, or committees or protect the member of the congress
division thereof, or any provincial from responsibility before the
board or city or municipal council or legislative body itself.
board. 3. The 1987 constitution exempts
member of the congress from arrest,
  A.U. BLUE NOTES

while the congress is in session, for Note: It is necessary that the audience is
all offenses punishable by a penalty actually incited.
less than prision mayor. 2. The person present at the meeting
must be armed in the first form of
CHAPTER THREE: illegal assembly
ILLIGAL ASSEMBLIES AN ASSOCIATION 3. but not all the persons present in
ILLIGAL ASSEMBLIES (Art 146) the first form of illegal assembly
must be armed
Art. 146. Illegal assemblies. — The 4. the unarmed person present at the
penalty of prision correccional in its first form of illegal assembly is liable
maximum period to prision mayor in its
medium period shall be imposed upon Note: The word arm in this article is not
the organizers or leaders of any limited to firearm .However, if a person
meeting attended by armed persons present carries unlicensed firearm the
for the purpose of committing any of presumption , insofar as he is concerned , is
the crimes punishable under this Code, that the purpose of the meeting is to
or of any meeting in which the commit acts punishable under this code ,
audience is incited to the commission and that he is the leader or organizer of the
of the crime of treason, rebellion or meeting.
insurrection, sedition or assault upon a
person in authority or his agents. 5. Person liable in illegal assembly
Persons merely present at such a. The organizers or leaders of the
meeting shall suffer the penalty of meeting
arresto mayor, unless they are armed, b. Persons merely present at the
in which case the penalty shall be meeting
prision correccional. As illegal assembly is a felony ,the
persons merely present at the
If any person present at the meeting meeting
carries an unlicensed firearm, it shall
be presumed that the purpose of said 20
meeting, insofar as he is concerned, is must have a common intent to
to commit acts punishable under this commit the felony of illegal assembly
Code, and he shall be considered a ,the absence of such intent may
leader or organizer of the meeting exempt the person present from
within the purview of the preceding criminal liability.
paragraph.
Thus ,if a person happens to be
As used in this article, the word present at an illegal assembly out of
"meeting" shall be understood to curiosity ,he is not liable
include a gathering or group, whether 6. The person inciting is liable for the
in a fixed place or moving. (Reinstated crime of inciting to rebellion or
by E.O. No. 187). sedition
Notes 7. the elements of the first form of
illegal assembly?
1. What are the forms of illegal a. There is a meeting a
assemblies? gathering or group of persons,
a. Any meeting attended by armed whether in fixed place or
persons for the purpose of moving.
committing any of the crime b. The meeting is attended by
punishable under the code. armed person.
b. Any meeting in which the c. The purpose of the meeting is
audience, whether armed or not, to commit any of the crimes
is incited to the commission of the punishable under the code.
crime of treason, rebellion or Note: In the first form of illegal assembly,
insurrection, sedition, or assault armed men attend the gathering with the
upon a person in authority or his purpose of committing any of the crimes
agents. punishable under the RPC. The presence of
  A.U. BLUE NOTES

armed men during the gathering brings They are:

about the crime of illegal assembly. a. Association totally or partially
8. the elements of second form of organized for the purpose of
illegal assembly? committing any of the crimes
a. There is a meeting, gathering or punishable under the code.
group of persons, whether in a b. Association totally or partially
fixed place or moving. organized for some purpose contrary
b. The audience whether armed or to public morals.
not, is incited to the commission
of the crime of treason, rebellion 2. What is a public moral?
or insurrection, Public moral refer to maters which
affect the interest of society and
17 public convenience and are not
sedition or direct assault. limited to good customs. It refers to
Note: In this second form of illegal act that are in accordance with
assembly, armed men may or may not natural and positive law.
attend the meeting but person in the
meeting are incited to the commission of 3. Who are the persons liable for
the crime of treason, rebellion or illegal association?
insurrection sedition or direct assault. The person liable is the following:
a. Founders, directors and President of
When the illegal purpose of the gathering is associations.
to incite people to commit the crimes b. Mere members of association
mentioned above, the presence of armed
men is unnecessary. The mere gathering for 4. What are the distinction
the purpose is sufficient to bring about the between illegal assembly and
crime already. illegal association?
A:
9. Supposed the illegal purpose for
the gathering is for the 21
commission of a crime ILLIGAL ILLIGAL
punishable under special law ASSEMBLY ASSOCIATION
(i.e. the gathering of drug lord to The basis of liability The basis is the
facilitate drug trafficking) is is the gathering for formation of or
illegal assembly committed. an illegal purpose organization of an
No, if unlawful purpose is a crime which constitutes a association to
under special law, there is no illegal crime under the engage in an
assembly. The crime committed RPC. unlawful purpose
would be illegal association. which is not limited
to a violation of the
ILLIGAL ASSOCIATION (Art 147) RPC.
Necessary that Not necessary that
Art. 147. Illegal associations. — The there is an actual there be an actual
penalty of prision correccional in its meeting or meeting.
minimum and medium periods and a assembly.
fine not exceeding 1,000 pesos shall be Meeting and Act of forming or
imposed upon the founders, directors, attendance at such organizing and
and presidents of associations totally meeting are the membership in the
or partially organized for the purpose acts punished association are the
of committing any of the crimes acts of punished.
punishable under this Code or for some
purpose contrary to public morals.
Mere members of said associations CHAPTER FOUR:
shall suffer the penalty of arresto ASSAULT UPON, AND RESISTANCE AND
mayor. (Reinstated by E.O. No. 187). DISOBEDIENCE
TO PERSON IN AUTHORITY AND THEIR
Notes AGENTS
1. What are illegal associations?
  A.U. BLUE NOTES

DIRECT ASSAULT (Art148) any person in authority(PA) or any of

his agents (APA) while engage in the
Art. 148. Direct assaults. — Any person performance of official duties or on
or persons who, without a public occasion of such performance.
uprising, shall employ force or
intimidation for the attainment of any Elements
of the purpose enumerated in defining
the crimes of rebellion and sedition, or a. That the offender makes an attack,
shall attack, employ force, or seriously employs force, make serious
intimidate or resist any person in intimidation or make serious
authority or any of his agents, while resistance;
engaged in the performance of official b. That the person assaulted is a person
duties, or on occasion of such in authority or his agent;
performance, shall suffer the penalty c. That at the time of the assault the
of prision correccional in its medium person in authority or his agent is
and maximum periods and a fine not engaged in the actual performance
exceeding P1,000 pesos, when the of official duties or that he is
assault is committed with a weapon or assaulted by reason of his past
when the offender is a public officer or performance of his official duty;
employee, or when the offender lays d. That the offender knows that the one
hands upon a person in authority. If he is assaulting is a person in
none of these circumstances be authority or his agent in the exercise
present, the penalty of prision of his duties;
correccional in its minimum period and e. That there is no public uprising.
a fine not exceeding P500 pesos shall
be imposed. Note: In the second form, there is a need to
distinguish a situation where a person in
Notes authority or his agent was attacked while
Q: What are the two ways of performing official functions. From a
committing the crime of direct assault? situation when he is not performing such
A: functions.If attack was done during the
1. Without public uprising, by exercise of official
employing force or intimidation for
the attainment of any of the purpose 22
enumerated in defining the crime of functions the crime is always direct assault.
rebellion and sedition.
Illustrations
Elements
1) When the accused with his hand or
a. That the offender employs force or fist, hit a policeman who was in the
intimidation performance of duty, in the breast
b. That the aim of the offender is to and nothing more, no direct assault
attain any of the purposes of the is committed because if the victim is
crime of rebellion or only an agent of a person in
authority, the employment of force
18 must be serious character to show
any of the objects of the crime of defiance of the law and its
sedition representative at all hazards.
c. That there is no public uprising However, if the victim is a person in
authority not a mere agent the force
Note: Offended party need not be a person necessary to constitute the crime
in authority or his agent he may be a private need not be serious. As the law with
individual if the object is to attain an object respect to person in authority uses
of sedition. the phrase lays hands upon a person
in authority.
2. Without public uprising , by attacking
, by employing force or seriously 2) Where a three American soldiers
intimidating or by seriously resisting asked a policeman if he wanted to
  A.U. BLUE NOTES

fight, and then. Without waiting for a unlawful act was murder or homicide
reply seized the latter by the throat, committed under the circumstances of
threw him to the ground, and struck lawlessness or contempt of authority, the
him several blows with the club crime would be direct assault with murder
which the accused, one of the three or homicide as the case may be.
soldiers, wrested from the
policeman, it was held that the Illustration
accused was guilty of the crime of
assaulting a peace officer. Thus if A would attack a policeman while
engaged in the performance of his duty that
3) Pointing a gun at a military police of maintaining
captain whom as in the performance
of his duty constitutes assault upon 19
an agent of person in authority peace and order during a barangay fiesta,
because there is serious intimidation. the
crime would be murder or homicide with
4) In the course of a quarrel, between A direct assault depending on the presence of
and B, the later called Police and a qualifying circumstances in killing the
policeman who went to the scene victim.
saw B getting up .when the
policeman was about to arrest A, the In one case, when the victim intervened to
later said : don’t come near, because prevent a violent encounter between the
I will take your life. As a policeman accused and the Ramos group. He was
was approaching, A struck him with a discharging his duty as Barangay captain to
knife but was not hit. protect life and property and enforced law
and order in the barrio, thus, the assault
Q: What are considered as not in actual resulting in his death is homicide with direct
performance of official duties? assault.
A:
1) When the person in authority or the Note: Under Art 152 of the RPC and PD
agent of a person in authority 299 .a barangay chairman is a person in
exceeds his powers or acts without authority. Had only serious physical injury
authority. been inflicted
2) Unnecessary use of force or violence
3) Descended to matters which are 23
private in nature. the crime would be direct assault with
serious physical injuries. If the shot directed
Q: Suppose the person in authority or against a public officer did not hit him but
the agent was killed when no longer he is actual performance of duty, the
performing official function, what crime offense is attempted homicide with direct
was committed? assault.
A: The crime may simply be the material
consequence of the unlawful act murder or Q: What is the exception to the rule
homicide, as the case may be. above?
Q: What is penalized in the crime of A: The only time when it is not complexed is
direct assault? when material consequence is light felony.
A: The crime of direct assault punishes the That is .slight physical injury because the
spirit of lawlessness and the contempt or said injuries are considered as an incident or
hatred for the authority or the rule of law. consequence of the force or violence
employed .direct assault absorbs the lighter
Q: Can the crime of direct assault be felony.
complexed with the material
consequence of the unlawful act? Q: Who is considered an agent of
A: Yes as a rule, where the spirit of person in authority?
contempt or lawlessness is present, it is A: Any person who by direct provision of law
always complexed with the material or by election or by appointment by
consequence of the unlawful act. If the competent authority. Is charged with the
  A.U. BLUE NOTES

maintenance of public order and the 3) When the offender laid hand upon a
protection and security of life and property, person in authority.
such as barangay kagawad, barangay
tanod, barangay leader and any person who INDIRECT ASSAULTS (Art 149)
comes to the aid of person in authority?
Art. 149. Indirect assaults. — The
Q: Who are deemed person in penalty of prision correccional in its
authority? minimum and medium periods and a
A: Teachers, professors and person charged fine not exceeding P500 pesos shall be
with the supervision of public or duly imposed upon any person who shall
recognize private schools, colleges and make use of force or intimidation upon
universities and lawyers in the actual any person coming to the aid of the
performance of their duties or on occasion authorities or their agents on occasion
of such performance shall be deemed a of the commission of any of the crimes
person in authority. defined in the next preceding article.

Q: Is it important that the offender Notes

knows that the person he is attacking 1. What are the elements of indirect assault?
is a person in authority? a. Person in authority or his agent is the
A: No it is enough that the offender should victim of any forms of direct assault.
know that the offended party was exercising b. Person comes to the aid of such
some form of authority. It is not necessary authority or his agent.
that the offender knows what is meant by c. Offender makes use of force or
person in authority. intimidation upon such person
coming to the aid of the authority or
Q: What kind of force is required to be his agent.
employed to constitute direct assault? 2. Indirect assault can be committed
A: The force must be serious and must be of only when direct assault is also
such character as to show contempt of committed
authority casual force which usually 3. Is there a crime of indirect assault ,if
accompanies resistance or disobedience to a private individual who is aiding a
authorities is not sufficient. policeman in making a lawful arrest
Q: When is it important to ascertain is attacked by the person to be
the motive for the assault? arrested ?
A: If the assault took place when the 24
offended party was not engaged in the It cannot be indirect assault because
performance of his official duties because in the policeman who is being aided is
this case .it must be shown that the assault not a victim of direct assault .the
was committed by reason of past policeman is in the performance of
performance of official duties. duty ,making arrest

Q: What does on the occasion of such Note: Article 152, as amended, when any
performance means? person comes in aid of a person in authority
A: The phrase on occasion of such said person at
performance means the impelling motive of
the attack is the performance of official 20
duty. that moment is no longer a civilian – he is
constituted as an agent of the person in
Note: For the crime to be direct assault the authority if such person were the one
attack must be by reason of his official attacked , by employing violence against
function in the past. him of serious nature /character .the crime
would be direct assault.
Q: When is direct assault qualified?
A: DISOBEDIENCE TO SUMMONS ISSUED
1) When the assault is committed with BY THE NATIONAL ASSEMBLY, ITS
a weapon; COMMITTEES OR SUBCOMMITTEES BY
2) When the offender is a public officer THE CONSTITUTIONAL COMMISSION,
employee;
  A.U. BLUE NOTES

ITS COMMITTEES, SUBCOMMITTEES OR d. Restraining another from attending

DIVISIONS.(Art. 150) as a witness in such legislative or
constitutional body.
Art. 150. Disobedience to summons e. Inducing disobedience to summons
issued by the National Assembly, its or refusal to be sworn by any such
committees or subcommittees, by the body or official.
Constitutional Commissions, its
committees, subcommittees or 21
divisions. — The penalty of arresto
mayor or a fine ranging from two RESISTANCE AND DISOBEDIENCE TO
hundred to one thousand pesos, or PERSON IN AUTHORITY OR THE
both such fine and imprisonment shall THE AGENT OF SUCH PERSON (Art 151)
be imposed upon any person who,
having been duly summoned to attend Art. 151. Resistance and disobedience
as a witness before the National to a person in authority or the agents
Assembly, (Congress), its special or of such person. — The penalty of
standing committees and arresto mayor and a fine not exceeding
subcommittees, the Constitutional 500 pesos shall be imposed upon any
Commissions and its committees, person who not being included in the
subcommittees, or divisions, or before provisions of the preceding articles
any commission or committee shall resist or seriously disobey any
chairman or member authorized to person in authority, or the agents of
summon witnesses, refuses, without such person, while engaged in the
legal excuse, to obey such summons, performance of official duties.
or being present before any such When the disobedience to an agent of
legislative or constitutional body or a person in authority is not of a serious
official, refuses to be sworn or placed nature, the penalty of arresto menor or
under affirmation or to answer any a fine ranging from 10 to P100 pesos
legal inquiry or to produce any books, shall be imposed upon the offender.
papers, documents, or records in his
possession, when required by them to Notes
do so in the exercise of their functions. RESISTANCE AND SERIOUS
The same penalty shall be imposed DISOBEDIENCE
upon any person who shall restrain
another from attending as a witness, Q: What are the elements of this
or who shall induce disobedience to a crime?
summon or refusal to be sworn by any
such body or official. A:
Notes a. Person n authority or hi agent is
engaged in the performance of
Q: What are the punishable acts? official duty or give a lawful order to
A: the offender 25
a. Refusing without legal excuse, to b. Offender resist or seriously disobeys
obey summons of congress, or any such person in authority or his agent
commission or committee chairman c. Act of the offender is not included in
or member authorized to summon the provision of Art s 148,149 and
witnesses. 150.
b. Refusing to be sworn or placed under
affirmation while before such SIMPLE DISOBEDIENCE
legislative or constitutional body or
official. Q: What are the elements of simple
c. Refusing to answer any legal inquiry disobedience?
or to produce any books , paper, A:
documents or record in his a. An agent of person in authority is
possession when required by them to engaged in the performance of
do so in the exercise of their official duty or gives lawful order to
function; the offender;
  A.U. BLUE NOTES

b. Offender disobey such agent of a A: The crime is resistance or serious

person in authority; disobedience
c. Such disobedience is not of a serious
nature. Art 151 covers failure to comply with orders
directly issued by authorities in the exercise
Note: The accused must have knowledge of their official duties, and not with judicial
that the person giving the order is a peace decisions merely declaratory of rights or
officer. obligation (i.e. decision rendered in a civil
case.)
Q: What are the distinction between
resistance or serious disobedience and What is punished is the resistance to a
direct assault? person in authority or his agent in his official
A: capacity while engaged in the performance
Resistance or Direct assault of duties.
Serious
Disobedience When the attack or employment of force is
Person in authority Person in authority not deliberate? The crime is only resistance
or his agent must or his agent must or disobedience.
be in actual be engaged in the
performance of his performance of Q: Who is a person in authority?
duties official duties or A: A person in authority is one directly
that he is assaulted vested with jurisdiction. That is the power
by reason thereof. and authority to govern and execute the
Committed only by Committed in four laws.
resisting or ways:
seriously 1. By Examples of person in authority:
disobeying a person attacking,
in authority or his 2. By 1) The municipal mayors;
agent. employing force, 2) Division superintendent of school;
3. By seriously 3) Public and private school teachers;
intimidating, and 4) Teacher – nurse;
4. By seriously 5) President of sanitary division;
resisting a person 6) Provincial fiscal;
in authority or his 7) Justice of the peace;
agent. 8) Municipal councillor;
The use of force is The attack or 9) Barangay chairman;
not so serious, as employment of 10) Member of lupong tagapamayapa;
there is no manifest force which gives 11) Provincial treasurer.
intention to defy rise to the crime of
the law and the direct assault must Note: Items 7, 8, and 9 of the enumeration
officers enforcing it. be serious and are added by the local Government Code
deliberate. (section 388) which expressly provides that
said persons shall be deemed as persons in
authority in their jurisdiction.
26

Q: What is the crime committed if the Teachers, lawyers and head of school are
person who resisted is a person in persons in authority only for the purposes of
authority and the offender use force in Art 152 in relation to Art 148 and 151 and in
such resistance? connection with their duties.
A: When the one who resisted is a person in
authority the use of any kind of degree of Q: Who is agent of a person in
force will give rise to direct assault. authority?

Q: Suppose the offender did not use A: Any person who by direct provision of law
any force in resisting a person in or by election or by appointment by
authority. What crime is committed? competent authority is charged with the:
  A.U. BLUE NOTES

1) Maintenance of public order A: When it is caused by more than three

2) Protection and security of life and persons who are deemed or provided with
property means of violence.

Examples of agent of person in Q: What does the world armed mean?

authority: A: The term armed does not refer to
firearms but includes even big stones
1) Barangay kagawad capable of causing grave injury.
2) Barangay tanod
3) Post master Q: What is the difference between
4) Municipal treasurer making any outcry tending to incite
5) Policeman sedition or rebellion (paragraph 3 of
art 153) and inciting to rebellion or
Q: Who is deemed an agent of person sedition?
in authority? A:
A: Any person who comes to the aid of Making any Inciting to
persons in authority is deemed an agent of outcry tending to sedition or
a person in authority. incite sedition or rebellion
rebellion
CHAPTER FIVE: The meeting at the The meeting from
PUBLIC DISORDER outset was legal, the beginning was
and became a unlawful.
TUMULTS AND OTHER DISTURBANCES public disorder only
OF because of such
OF PUBLIC ORDER outcry.
The outbursts The words uttered
Q: What are the punishable acts? which by nature are deliberately
A: may tend to incite calculated with
a. Causing any serious disturbance in a rebellion or sedition malice
public place, office or establishment; are spontaneous. aforethought to
b. Interrupting or disturbing incite others to
performances, functions or rebellion or
gathering, or peaceful meetings, if sedition.
the act is not included in arts 131
and 132;
c. Making any outcry tending to incite Note: Serious disturbance requires that
rebellion or sedition in any such must be planned or intended
meeting ,association or public place;
d. Displaying placards or emblems Q: What does outcry means?
which provoke a disturbance of
public order in such place; A: Outcry means to shout subversive and
e. Burying with pump the body of a provocative words tending to stir up the
person who has been legally people to obtain by means of force or
executed violence any of the objects of rebellion or
sedition.
Q: What is the essence of tumults and
other disturbance? Note: crime is qualified if disturbance or
interruption is of a tumultuous character.
A: The essence of this crime is creating
public disorder. This crime is brought about 27
by creating serious disturbances in public
places, public buildings, and even places Burying with pomp the body of a person
where public functions or performance are ostentatious display of burial
being held.
UNLAWFUL USE OF MEANS OF
Q: When is the disturbance deemed PUBLICATION AND UNLAWFUL
tumultuous? UTTERANCES (Art154)
  A.U. BLUE NOTES

Art. 154. Unlawful use of means of d. Printing, publishing or distributing

publication and unlawful utterances. — books pamphlets, periodicals or
The penalty of arresto mayor and a fine leaflets which do not bear the real
ranging from P200 to P1,000 pesos printers name or which are classified
shall be imposed upon: as anonymous.
1. Any person who by means of
printing, lithography, or any Q: Is it necessary that the publication
other means of publication shall caused damage to the state?
publish or cause to be published
as news any false news which A: It is not necessary that publication of the
may endanger the public order, false news actually caused disorder or
or cause damage to the interest caused damage to the interest or credit of
or credit of the State; the state. Mere possibility of causing such
2. Any person who by the same danger or damage is sufficient.
means, or by words, utterances
or speeches shall encourage Note: To be liable the offender must know
disobedience to the law or to the that the news is false
constituted authorities or praise,
justify, or extol any act punished
by law; 23
3. Any person who shall maliciously
publish or cause to be published RA 248 prohibits the reprinting,
any official resolution or reproduction or republication of government
document without proper publications and official documents without
authority, or before they have previous authority.
been published officially; or
4. Any person who shall print, ALARM AND SCANDAL ( ART. 155)
publish, or distribute or cause to
be printed, published, or Art. 155. Alarms and scandals. — The
distributed books, pamphlets, penalty of arresto menor or a fine not
periodicals, or leaflets which do exceeding P200 pesos shall be imposed
not bear the real printer's name, upon:
or which are classified as 1. Any person who within any town or
anonymous public place, shall discharge any
firearm, rocket, firecracker, or other
Notes. explosives calculated to cause alarm or
danger;
Q: What are punishable acts? 2. Any person who shall instigate or
A: take an active part in any charivari or
a. Publishing or causing to be published other disorderly meeting offensive to
by means of printing, lithography or another or prejudicial to public
any other means of publication, as tranquility;
news any false news which may 3. Any person who, while wandering
endanger the public order; or cause about at night or while engaged in any
damage to the interest or credit of other nocturnal amusements, shall
the state. disturb the public peace; or
b. Encouraging disobedience to the law 4. Any person who, while intoxicated or
or to the constituted authorities or by otherwise, shall cause any disturbance
praising justifying or extolling any or scandal in public places, provided
act punished by law, or by the same that the circumstances of the case
means or by words, utterances or shall not make the provisions of Article
speeches. 153 applicable.
c. Maliciously publishing or causing to
be published any official resolution or Notes
document without proper authority,
or before they have been published Q: What are the punishable acts?
officially. A:
28
  A.U. BLUE NOTES

a. .Discharging any firearm, rocket,

firecracker or other explosives within Q: What offenses are possibly
any town or public place, calculated committed by creating noise and
to cause alarm and danger. annoyance?
b. Instigating or taking an active part in A:
any charivari or other disorderly a. alarm and scandal - If the
meeting offensive to another disturbance affects the public in
prejudicial general (by playing noisily during the
c. Disturbing the public peace while wee hours in the morning in the
wondering about at night or while neighborhood
engage in any nocturnal amusement.
d. Causing any disturbance or scandal b. Unjust vexation – if the noise is
in public places while intoxicated or directed to a particular person or
otherwise provided the act is not family.
covered by art 153.
DELIVERING PRISONERS FROM JAIL
Q: If a firearm is discharge what are (Art. 156)
the crimes that may possibly arise?
A: Art. 156. Delivery of prisoners from
a. Alarm and scandal- if the offender jails. — The penalty of arresto mayor in
discharges a firearm in a public place its maximum period of prision
but the firearm is not pointed to a correccional in its minimum period
particular person when discharged. shall be imposed upon any person who
b. Illegal discharged of firearm- if the shall remove from any jail or penal
firearm is was directed to a particular establishment any person confined
person who was not hit if intent to kill is therein or shall help the escape of such
not proved person, by means of violence,
c. Attempted homicide or murder –if the intimidation, or bribery. If other means
person was hit, automatically, the crime are used, the penalty of arresto mayor
is attempted homicide or murder. If shall be imposed.
there is intent to kill. If the escape of the prisoner shall take
place outside of said establishments by
When a person uses a lethal weapon taking the guards by surprise, the
against another such as firearm same penalties shall be imposed in
intent to kill is inherent. their minimum period.

d. Physical injuries- if the person was hit Notes

and injured but there was no intent to
kill Q: What are the elements of this
e. Threat- if the weapon was not crime?
discharged but merely pointed to A:
another. 1) There is a person confined in a jail or
f. Grave coercion- if the threat was penal establishment.
directed immediate and serious and the 2) Offender removes there from such
person is compelled or prevented to do person, or helps the scape of such
something against his will. person

Q: What is charivari? Q: Who may be the offenders?

A: Charivari is a mock serenade of A:
discordant noises made of cans, pans, 24
kettles, tins, horns etc., designed to annoy 1) usually an outsider to the jail
and insult .this bring about the crime of 2) but it may also be :
alarm and scandal. a) an employee of the penal
establishment who does not have
Ratio: Punishing instigating or taking an the custody of the prisoner
active part in charivari and other disorderly b) a prisoner who helps the escape
meeting is to prevent more serious of another prisoner
disorders.
  A.U. BLUE NOTES

Q: Suppose the prisoner was confined A: Use of violence, intimidation or bribery.

in a hospital when he was assisted in
escaping, is the crime delivery of Q: What is the mitigating
prisoners from jail committed? circumstance?
A: Yes because the hospital may be A: If it takes place outside the penal
considered as an extension of the jail. establishment by taking the guard by
29 surprise.
Note: This art 156 apply to a prisoner who
Q: What is the difference between helps the felony of another prisoner.
delivering prisoners from jail and
infidelity in the custody of prisoner? This felony may also be committed through
imprudence or negligence.
A:
delivering Infidelity in the Q: Suppose Michael was convicted of
prisoner from jail custody of robbery and he is serving his sentence
prisoners in Muntinlupa together with his friend.
The offender is not The offender is the Sarah and the Jail warden, Z hatched
the custodian of the custodian at the the plan of escaping from the prison
prisoner at the time time of the facility which eventually materialized.
of the escape/removal. Determine the criminal liability of
escape/removal. Michael Sarah and Z.
A:
Note: In both, the offender may be a public 1) Sarah a stranger or an outsider is
officer or private citizen. In both crimes, the liable for delivery of prisoner of
person involved may be a convict or a mere prisoner from jail
detention prisoner. 2) Z, the jail warden committed the
crime of infidelity in the custody of
Q: What is the liability of the convicted prisoners.
prisoner serving sentence who 3) Michael is liable for the crime of
escaped? evasion of sentence.
A: He is liable for the crime of evasion of
service of sentence under Art 157. CHAPTER SIX:

Q: Suppose the one who escape is only EVASION OF SERVICE OF SENTENCE

a detention prisoner what is his (Art 157)
liability?
Art. 157. Evasion of service of
A: He does not incur liability from escaping sentence. — The penalty of prision
if he does not know of the plan to remove correccional in its medium and
him from jail .but if such prisoners knows of maximum periods shall be imposed
the plot to remove him from jail and upon any convict who shall evade
cooperates them to remove him from jail service of his sentence by escaping
and cooperate therein by escaping, he during the term of his imprisonment by
himself becomes liable for delivering reason of final judgment. However, if
prisoners from jail as a principal by such evasion or escape shall have
indispensable cooperation. taken place by means of unlawful
entry, by breaking doors, windows,
Q: What does the qualifying gates, walls, roofs, or floors, or by
circumstances of bribery under this using picklocks, false keys, deceit,
article contemplates? violence or intimidation, or through
A: The offender's act of employing bribery connivance with other convicts or
as a means of removing or delivering the employees of the penal institution, the
prisoner from jail and not the offender's act penalty shall be prision correccional in
of receiving or agreeing to receive a bribe its maximum period.
as a consideration for committing offense.
Notes
Q: What are the qualifying
circumstances?
  A.U. BLUE NOTES

Q: What are the elements of this A: Yes, because destierro involves

crime? deprivation of liberty, although partial, as
A: the prisoner is deprived of his liberty to
1) Offenders is a convict by final enter a prohibited area so if he enters the
judgment prohibited area, he commits evasion of
2) He is serving his sentence which service of sentence.
consist in deprivation of liberty: and
3) He evades service of his sentence by Q: A foreigner was found guilty of
escaping during term of his sentence violation of the law, and was order by
the court to be deported, later on, he
Q: What are the forms of evasion of returned to the Philippines in violation
service of sentence? of sentence. Is he guilty of evasion of
A: Evasion of service of sentence has three service of sentence?
forms: A: No, because the law is not applicable to
1) by simply leaving or escaping from offenses executed by deportation (U.S vs
the penal establishment under article Loo Hoe 36 Phil 867)
157.
2) Failure to return within 48 hours Q: What is the nature of the crime
after evasion of service of sentence?
A: It is continuing offense which may be
30 prosecuted in any place where the offender
having left the penal establishment was found.
because of a calamity, conflagration Note: This article does not apply to minor
or mutiny and such calamity, delinquent’s detention prisoner or
conflagration or mutiny has been deportees.
announced as already passed under
Art. 158. Q: What if the offender escaped within
the 15 day appeal period?
25 A: The crime is not evasion because
3) Violating the conditional pardon judgment is not yet final.
under Art.159.
EVASION OF SERVICE OF SENTENCE ON
Note: The term jail breaking is synonymous THE OCCASION OF DISORDERS,
with evasion of sentence. CONFLAGRATIONS, EARTHQUAKES, OR
OTHER CALAMITIES (Art. 158)
Q: Suppose X, a prisoner convicted of
theft was able to escape from penal Art. 158. Evasion of service of sentence
institution but only minutes after the on the occasion of disorder,
escape, he changed his mind conflagrations, earthquakes, or other
prompting him to return to the penal calamities. — A convict who shall evade
institution he changed his mind the service of his sentence, by leaving
prompting him to return to the penal the penal institution where he shall
facility ,is X liable for the crime of have been confined, on the occasion of
evasion of sentence. disorder resulting from a conflagration,
A: Yes in leaving or escaping , the fact that earthquake, explosion, or similar
the prisoner immediately returned is catastrophe, or during a mutiny in
immaterial it is enough that he left the which he has not participated, shall
penal establishment by escaping therefrom, suffer an increase of one-fifth of the
his voluntary returned may only be time still remaining to be served under
mitigating, being analogous to voluntary the original sentence, which in no case
surrender. But the same will not absolve his shall exceed six months, if he shall fail
criminal liability. to give himself up to the authorities
within forty-eight hours following the
Q: If a prisoner is sentenced to issuance of a proclamation by the Chief
destierro can he be liable for the crime Executive announcing the passing
of evasion of service of sentience? away of such calamity.
Convicts, who, under the
circumstances mentioned in the
  A.U. BLUE NOTES

preceding paragraph, shall give

themselves up to the authorities within 26
the above mentioned period of 48 convict serving sentence in the penitentiary
hours, shall be entitled to the to leave the jail provided he has not taken
deduction provided in Article 98. part in the mutiny.

Notes If offender fails to give himself up, he gets

an increased penalty; on the other hand, if
Q: What are the elements of this he gives himself up, he is entitled to a
crime? deduction of 1/5 of his sentence.
A:
1) Offender is a convict by final OTHER CASES OF EVASION OF SERVICE
judgment, who is confined in a penal OF SENTENCE (Art. 159)
institution.
2) There is disorder, resulting from- VIOLATION OF CONDITIONAL PARDON
a) Conflagration,
b) Earthquake, Art. 159. Other cases of evasion of
c) Explosion, service of sentence. — The penalty of
d) Similar catastrophe, or prision correccional in its minimum
e) Mutiny in which he has n0t period shall be imposed upon the
participated; convict who, having been granted
4. Offender evades the service of his conditional pardon by the Chief
sentence by leaving the penal Executive, shall violate any of the
institution where he is confined, on conditions of such pardon. However, if
the occasion of such disorder or the penalty remitted by the granting of
during the mutiny; such pardon be higher than six years,
31 the convict shall then suffer the
5. Offender fails to give himself up to unexpired portion of his original
the authorities within 48 hours sentence.
following the issuance of a
proclamation by the Chief Executive Notes
announcing the passing away of such
calamity. Q: What are the elements of this
crime?
Q: What is basis of liability under Art.
158? A:
A: Liability is based on the failure to return 1) Offender was a convict;
within 48 hours after the passing of the 2) He was granted a conditional pardon
calamity, conflagration or mutiny had been by the Chief Executive;
announced and not the leaving from the 3) He violated any of the conditions of
penal establishment. such pardon.

Q: What constitutes mutiny in the Q: When can there be a violation of the

second form of evasion of service of conditional pardon?
sentence? A: When the condition is violated during the
A: The mutiny referred to her involves remaining period of the sentence. If the
subordinate personnel rising against the condition of the pardon is violated when the
supervisor within the penal establishment. remaining unserved portion of the sentence
has already lapsed, there will be no more
Q: What is mutiny? criminal liability for the violation. However,
A: A mutiny is an organized unlawful the convict maybe required to serve the
resistance to a superior officer; Sedition; a unserved portion of the sentence, that is,
revolt. (People vs. Padilla, G.R. No. 121917. continue serving original penalty.
March 12, 1997)
Q: What is a conditional pardon?
Mutiny is one of the causes which may A: Conditional pardon is a contract between
authorize a the Chief Executive, who grants the pardon,
and the convict, who accepts it.
  A.U. BLUE NOTES

The condition imposed upon the prisoner Any convict of the class referred to in
not to be guilty of another crime is not this article, who is not a habitual
limited to those punishable by the RPC. It criminal, shall be pardoned at the age
includes those punished under Special Law. of seventy years if he shall have
(People vs. Corral, 74 Phil. 357) already served out his original
sentence, or when he shall complete it
Usually, the condition of a conditional after reaching the said age, unless by
pardon is that, the prisoner shall not commit reason of his conduct or other
any crime anymore. So, if he committed an circumstances he shall not be worthy
offense while on pardon, he has violated this of such clemency.
article. However, there must be a final
conviction for the second offense; Notes
otherwise, we could not say that there is a
violation of the condition of the pardon as 1. Quasi-recidivism?
he would still be presumed innocent. is a special aggravating
circumstance where a person, after
Q: What is the difference between having been convicted by final
violation of conditional pardon and judgment, shall commit a new felony
evasion of service of sentence? before beginning to serve such
A: sentence, or while serving the same.
Violation of Evasion of service
conditional of sentence Note: To be appreciated, quasi-recidivism
pardon must be specially alleged in the information.
It is not a public It is a public offense
offense for it does separate and 27
cause harm or independent from 2. What are the elements of Quasi-
injury to the right of any other act. Recidivism?
another person nor A:
does it disturb 32 a. Offender was already convicted by
public order. final judgment of one offense.
b. He committed a new felony before
Note: Violation of conditional pardon is a beginning to serve such sentence or
distinct crime. while serving the same.

Offender can be arrested and reincarcerated Note: The offender must be serving
without trial, pursuant to Sec. 64 (i) of the sentence by virtue of final judgment to
rev. Adm. Code. trigger the application of Art. 160.

Chapter Seven: Note: It does not require that the two

COMMISSION OF ANOTHER CRIME offenses embraced in the same title in the
DURING THE SERVICE OF PENALTY RPC
IMPOSED FOR ANOTHER PREVIOUS
OFFENSE (Art. 160) 3. When can quasi-recidivists are
pardoned?
QUASI-RECIDIVISM a. When he has reached the age of
70 and has already served out his
Art. 160. Commission of another crime original sentence, or
during service of penalty imposed for b. When he shall complete if after
another offense; Penalty. — Besides reaching said age Unless by
the provisions of Rule 5 of Article 62, reason of his conduct or other
any person who shall commit a felony circumstances, he shall not be
after having been convicted by final worthy of such clemency.
judgment, before beginning to serve c. But only convict who is not
such sentence, or while serving the habitual criminal shall be
same, shall be punished by the pardoned
maximum period of the penalty
prescribed by law for the new felony.
  A.U. BLUE NOTES

4. Quasi recidivism does not require 2) Offender knew of the counterfeiting

that the two offenses are embraced or forgery;
in the same tittle of the code 3) He used the counterfeit seal or
5. Quasi recidivism cannot be offset by forged signature or stamp.
ordinary mitigating circumstances
Note: Offender here should not be the
TITLE FOUR forger or the cause of the counterfeiting;
CRIMES AGAINST PUBLIC INTEREST otherwise the crime committed is forgery
under Art. 161.
Chapter One:
FORGERIES USING FORGED SIGNATURE OR
COUTERFEIT SEAL OR STAMP (Art .162)
COUNTERFEITING THE GREAT SEAL OF
THE GOVERNMENT OF THE PHILIPPINE Art. 162. Using forged signature or
ISLANDS, FORGING THE SIGNATURE OR counterfeit seal or stamp. — The
STAMP OF THE CHIEF EXECUTIVE (Art. penalty of prision mayor shall be
161) imposed upon any person who shall
knowingly make use of the counterfeit
Art. 161. Counterfeiting the great seal seal or forged signature or stamp
of the Government of the Philippine mentioned in the preceding article.
Islands, forging the signature or stamp
of the Chief Executive. — The penalty Q: What are the elements of this
of reclusion temporal shall be imposed crime?
upon any person who shall forge the A:
Great Seal of the Government of the 1) Great seal of the Republic was
Philippine Islands or the signature or counterfeited or the signature or
stamp of the Chief Executive. stamp of the chief executive was
forged by another person.
Notes 2) Offender knew the counterfeiting or
forgery
Q: What are the punishable acts? 3) He used the counterfeit seal or
A: forged signature or stamp.
3
3 Q: Offender here should not be the
1) Forging the great seal of the forger or the cause of counterfeiting;
Government of the Philippines. otherwise the crime committed is
2) Forging the signature of the forgery under Art 161.
President. A: In using the forged signature or stamp of
3) Forging the stamp of the President of the President or forged seal, the
the Government of the Philippines. participation of the offender is in effect that
of an accessory. Although the general rule is
Note: When the President's signature is that he should be punished by a penalty 2
forged, it is not falsification but forging of degrees lower, under Art 162, he is
signature of the Chief Executive under this punished by a penalty only one degree
article. lower.

USING FORGED SIGNATURE OR MAKING AND IMPORTING AND

COUNTERFEIT SEAL OR STAMP (Art. UTTERING FALSE COIN (Art 163)
162)
Art. 163. Making and importing and
Q: What are the elements of this uttering false coins. — Any person who
crime? makes, imports, or utters, false coins,
A: in connivance with counterfeiters, or
1) Great seal of the Republic was importers, shall suffer:
counterfeited or the signature or 1) Prision mayor in its minimum
stamp of the Chief Executive was and medium
forged by another person;
28
  A.U. BLUE NOTES

2) periods and a fine not to exceed for this is to discourage people from
P10,000 pesos, if the practicing their ingenuity of imitating
counterfeited coin be silver coin money.
of the Philippines or coin of the
Central Bank of the Philippines Q: What is punished in importing false
of ten centavo denomination or coins?
above. A: It is the mere act of importing that is
3) Prision correccional in its being punished, even if the coins are not
minimum and medium periods place in circulations.
and a fine of not to exceed
P2,000 pesos, if the Q: What is meant by uttering of coins?
counterfeited coins be any of the A: Uttering means to circulate, to pass
minor coinage of the Philippines counterfeit coins
or of the Central Bank of the
Philippines below ten-centavo Q: What are the kinds of coins
denomination. counterfeiting of which is punished?
4) Prision correccional in its A:
minimum period and a fine not 1) Silver coin of the Philippines or coin
to exceed P1,000 pesos, if the of the central Bank of the Philippines
counterfeited coin be currency of 2) Coin of the minor coinage of the
a foreign country. (As amended Philippines or of the central bank of
by R.A. No. 4202, approved June the Philippines
19, 1965). 3) Coin of the currency of the foreign
Notes country

Q: What are the elements of this Note: With respect to par 3 the used of the
crime? word currency is not correct because the
A: Spanish text uses the moneda which
1) There be false or counterfeited coin embraces not only those that are legal
2) Offender either made imported. Or tender but also those out of circulation.
uttered such coins;
3) In case of uttering such false or Former coin withdrawn from circulation may
counterfeited coins, he connived with be counterfeited under Art 163
counterfeiters or importers.
Q: What are the acts of falsification or
Q: What is counterfeiting? falsity?
A: counterfeiting means to imitate a coin
that is genuine. It gives an appearance of A:
one of legal tender. The coin is counterfeit 1) Counterfeiting – refers to money or
even if it has more intrinsic value than the currency
coin of legal tender 2) Forgery- refers to instrument of
credit and obligation and securities
Q: What is the criterion used in issued by the Philippine Government
determining whether a coin is or any Banking institution authorized
counterfeit or not? by the Philippine Government to
issue the same.
34 3) Falsification- can only be
A: The criterion is that the imitation must be committed in respect of documents
such as to deceive an ordinary person in
believing it to be genuine; consequently if Q: What crimes may be committed in
the imitation is so imperfect that no one relation to coins in circulation?
may be deceived, the felony cannot be A: Counterfeiting and mutilating coins
consummated.
MUTILATION OF COINS-IMPORTATION
Q: Is it necessary that the coin AND UTTERING OF MUTILATTED COINS
counterfeited is of legal tender? (Art. 164)
A: It is not necessary that the coin
counterfeited be legal tender. The reason
  A.U. BLUE NOTES

Art. 164. Mutilation of coins; A:

Importation and utterance of mutilated 1) Willful defacement
coins. — The penalty of prision 2) Mutilation
correccional in its minimum period and 3) Tearing
a fine not to exceed P2,000 pesos shall 4) Burning
be imposed upon any person who shall 5) Destruction of currency notes and
mutilate coins of the legal currency of coins issued by the central bank
the United States or of the Philippine
Islands or import or utter mutilated Q: What is the difference between
current coins, or in connivance with mutilation of coins under the RPC and
mutilators or importers. mutilation under PD 247?
A:
Notes Mutilation of coins Mutilation under
under the RPC P.D. 247
Q: What are punishable acts? Mutilation is limited Mutilation is not
A: Mutilating coins of the legal currency, to coins. limited to coins
with the further requirement that there be The purpose is to The purpose is to
intent to damage or to defraud another. collect the precious deface, tear, burn
Importing or uttering such mutilated coins, metal content that or to destroy in any
with the further requirements that there is being scraped manner whatsoever
must be connivance with the mutilator or from the coin the notes or coins.
importer in case of uttering.
SELLING OF FALSE OR MUTILATED
Q: What is mutilation? COINS WITHOUT CONNIVANCE (Art165)
A: Mutilation means diminishing or taking off
by Art. 165. Selling of false or mutilated
coin, without connivance. — The person
29 who knowingly, although without the
ingenious means part of the metal in the connivance mentioned in the preceding
coin either by filing or substituting it for articles, shall possess false or
another metal of inferior quality. mutilated coin with intent to utter the
same, or shall actually utter such coin,
Q: What are the requisites of shall suffer a penalty lower by one
mutilation? degree than that prescribed in said
A: articles.
1) Coin mutilated is of legal tender. Section Three. — Forging treasury or
2) Offender gains from the precious bank notes, obligations and securities;
metal dust abstracted from the importing and uttering false or forged
coin ,and notes, obligations and securities.
3) It has to be a coin.
Q: What are the punishable acts?
Note: The coin must be of legal tender or A:
current coin of the Philippines. 1) Possession of coins counterfeited
mutilated by another person, with
Foreign notes and coins not included under intent to utter the same, knowing
this article. There must be intention to that it is false or mutilated.
mutilate. 2) Actually uttering such false or
mutilated coins knowing the same to
35 be false or mutilated

PRESIDENTIAL DECREE 247: Note: It does not require that the

DEFACEMENT, MUTILLATION, TEARING, counterfeited coins is legal
BURNING OR DESTROYING CENTRAL
BANK NOTES AND COINS Constructive possession or the subjection of
the things to one's control is included
Q: What are the punishable acts under Accused must have knowledge of the fact
PD 247? that the coin is false
  A.U. BLUE NOTES

Q: What if the false or mutilated coins or may be issued under any act
are found in possession of the of the
counterfeiters or mutilators or
importers? 30
A: Such possession does not constitute a Congress of the United States or
separate offense but is punished either of the Philippine Legislature.
under Art 163 or 164.
2) By prision mayor in its maximum
PD 247 punishes possession of silver or period and a fine not to exceed
nickel coins in excess of P50.00. It is a P5,000 pesos, if the falsified or
measure of national policy to protect the altered document is a circulating
people from the conspiracy of those holding note issued by any banking
silver or nickel coins and to preserve and association duly authorized by
maintain the economy. law to issue the same.

FORGING TREASURY OR BANK NOTES 3) By prision mayor in its medium

OR OTHER DOCUMENTS PAYABLE TO period and a fine not to exceed
BEARER: IMPORTING, AND UTTERING P5,000 pesos, if the falsified or
SUCH FALSEOR FORGED NOTES AND counterfeited document was
DOCUMENTS.(Art 166) issued by a foreign government.

Art. 166. Forging treasury or bank 4) By prision mayor in its minimum

notes on other documents payable to period and a fine not to exceed
bearer; importing, and uttering such P2,000 pesos, when the forged
false or forged notes and documents. or altered document is a
— The forging or falsification of circulating note or bill issued by
treasury or bank notes or certificates a foreign bank duly authorized
or other obligations and securities therefor.
payable to bearer and the importation
and uttering in connivance with forgers Q: What are the punishable acts?
or importers of such false or forged A:
obligations or notes, shall be punished 1) Forging or falsification of treasury or
as follows: bank notes or other documents
1) By reclusion temporal in its payable to bearer.
minimum period and a fine not 2) Importation of such false or forged
to exceed P10,000 pesos, if the obligation or notes.
document which has been
falsified, counterfeited, or Notes: It means to bring them to into the
altered, is an obligations or Philippines, which presupposes that the
security of the United States or obligations or notes are forged or falsified in
of the Philippines Islands. a foreign country.

The word "obligation or security 5. Uttering of such false or forged

of the United States or of the obligations or notes in connivance
Philippine Islands" shall be held with the forgers or importers.
to mean all bonds, certificates of
indebtedness, national bank Note: It means offering obligations or notes
notes, fractional notes, knowing them to be false or forged whether
certificates of deposit, bills, such offer is accepted or not, with
checks, or drafts for money, representations.
drawn by or upon authorized
officers of the United States Q: What is difference between
falsification and forgery?
36 A:
or of the Philippine Islands, and Forgery Falsification
other representatives of value, Committed by Committed by
of whatever denomination, giving to a treasury erasing,
which have been or bank note or any substituting,
  A.U. BLUE NOTES

instrument payable counterfeiting, or ILLIGAL POSSESION AND USE OF FALSE

to bearer or to altering by any TREASURY OR BANK
order the means, the figures, AND OTHER INSTRUMENTS OF CREDIT
appearance of a letters, words, or (Art 168)
true and genuine signs contained
document. therein. Art. 168. Illegal possession and use of
false treasury or bank notes and other
Q: What are the notes and other instruments of credit. — Unless the act
obligations and securities that may be be one of those coming under the
forged or falsified under Art 166? provisions of any of the preceding
A: articles, any person who shall
a. Treasury or bank notes knowingly use or have in his
b. Certificates and possession, with intent to use any of
c. Other obligations and securities the false or falsified instruments
payable to bearer referred to in this section, shall suffer
COUNTERFEITING, IMPORTING AND the penalty next lower in degree than
UTTERING INSTRUMENTS that prescribed in said articles.
NOT PAYABLE TO BEARER (Art 167)
Q: What are the elements of this
Art. 167. Counterfeiting, importing and crime?
uttering instruments not payable to A:
bearer. — Any person who shall forge, a. Any treasury or bank note or
import or utter, in connivance with the certificate or other obligation and
forgers or importers, any instrument security payable to bearer ,any
payable to order or other document of instruments payable to order or
credit not payable to bearer, shall other documents of credit not
suffer the penalties of prision payable to bearer is forged or
correccional in its medium and falsified by another person;
maximum periods and a fine not b. Offender knows that any of those
exceeding P6,000 pesos.
31
Q: What are the elements of this
crime? instruments is forged or falsified
A: c. He performs any of these acts-
a. There be an instrument payable to d. Using any of such forged or falsified
order or other document of credit not instruments
payable to bearer. e. Possession with intent to use any
b. Offender forged, imported or uttered such forged or falsified instruments
such instrument.
c. In case of uttering, he connived with Note: The act being punished under Art 168
the forger or importer. is knowingly possessing with intent to use
any such forged treasury or bank notes.
Q: What are the facts of forgery
punished under Art 167? Q: Is possession of false treasury or
A: bank notes alone without intent to use
a. Forging instruments payable to order a criminal offense?
or document of credit not payable to A: No, but mere possession with intent to
bearer. utter consummates the crime of illegal
b. Importing such false instrument ;and possession of false notes.
c. Uttering such false instruments in
connivance in connivance with the A person in possession of falsified document
forger or importer. and who make use of the same is presumed
to be the material author of falsification.
Note: Connivance is not required in uttering
if the utter is the forger. Art. 169. How forgery is committed. —
The forgery referred to in this section
37 may be committed by any of the
following means:
  A.U. BLUE NOTES

1. By giving to a treasury or bank TELEPHONE MESSAGES

note or any instrument, payable 38
to bearer or order mentioned
therein, the appearance of a true Five classes of falsification
genuine document. 1. Falsification of legislative document
2. By erasing, substituting, (art 170)
counterfeiting or altering by any 2. Falsification of a document by a
means the figures, letters, words public officer ,employee or notary
or signs contained therein public (art 171)
Notes 3. Falsification of a public or official or
commercial document by a private
Q: How is forgery committed?: individual (art 172)
A: forgery is committed 4. Falsification of a private document
by any person (art 172)
a. By giving to a treasury or bank note 5. Falsification of wireless ,telegraph
or any instrument payable to bearer and telephone message (art 173)
or to order mentioned therein , the
appearance of a true and genuine Forgery and falsification distinguished
document The term forgery as used in art 169 refers to
b. By erasing , substituting , the falsification and counterfeiting of
counterfeiting or altering by any treasury or bank notes or any instrument
means the figures, letters, words, or payable to bearer or to order .falsification is
signed contained therein.(Art, 169) the commission of any of the eight 98) cts
mentioned in Art 171 on legislative (only the
Note: Forgery under the RPC applies to act of making alteration) public or
papers. Which are in the form of obligation official ,commercial or private documents or
and securities issued by Philippine wireless or telegraph messages
Government as its own obligation, which are
given the same status as legal FALSIFICATION OF
tender .examples treasury and bank notes? LEGISLATIVE DOCUMENT
(art. 170)
Q: What is the essence of forgery?
A: The essence of forgery is giving Art. 170. Falsification of legislative
document the appearance of true and documents. — The penalty of prision
genuine document. Not any alteration of a correccional in its maximum period and
letter, number, figure or design would a fine not exceeding P6,000 pesos shall
amount to forgery. be imposed upon any person who,
without proper authority therefor
Q: In checks and other commercial alters any bill, resolution, or ordinance
documents how is forgery committed? enacted or approved or pending
A: Forgery is committed when the figures approval by either House of the
or words are changed which materially Legislature or any provincial board or
alters the document. municipal council.
Notes
Q: Give example of forgery under par
no 2 Q: What are the elements of this
A: A received a treasury warrant ,a check crime?
issued by the government .it was originally A:
made payable to B or his order .A wrote B;s a. There is a bill, resolution or
name on the back of the said treasury ordinance, enacted or approved or
warrant as if B had indorsed it and then pending approval by either house of
presented it for payment.it was paid to A legislature or any provincial board or
municipal council.
SECTION FOUR : FALSIFICATION OF b. Offenders alter the same.
LEGISLATIVE ,PUBLIC COMMERCIAL c. He has no proper authorities
DOCUMENT ,AND therefore.
WIRELESS ,TELEGRAPH AND
32
  A.U. BLUE NOTES

d. Alteration has changed him meaning

of the document. 39
4. authorized, by which document some
Note: The alteration must have the effect of disposition of agreement is proved,
changing the meaning of the document evidenced and set forth.
5. Commercial document- defined
The offender must not be a public official and regulated by the code of
entrusted with the custody or possession of commerce or any other commercial
such document, otherwise Art 171 will apply law
Illustration
The bill resolution or ordinance must be
genuine 1) Bills of exchange
2) Letters of credit
Q: Define document? 3) Check
A: A document is any written instrument by 4) Quedans
which a right is established or an obligation 5) Drafts
is extinguished or every deed or instrument 6) Bills of lading
executed by a person by which some
disposition or agreement is proved evidence Note: Under the rules of court, there are
and set forth. only two kinds of documents private and
public.
Q: What are the four kinds of
documents? Public document is broader than the term
A: official document before a document may
1. Public document- a document be considered official. It must first be a
created, executed or issued by a public document to become an official
public official in response to document .there must be a law which
exigencies of public service ,or in requires a public official to issue or to render
execution of which a public official such document.
intervened ; any instrument
notarized by a notary public or Illustration
competent public official ,with the A cashier is required to issue an official
solemnities required by law. receipt for the amount he receives the
official receipt is a public document which is
Illustration an official document.

a. A civil service examination paper Q: What are examples of writing that

b. Official receipt required by the do not constitute documents?
government to be issued upon A:
receipt of money for public purposes 1. A draft of a municipal payroll which is
c. Residence certificate not yet approved by the proper
d. Driver's license authority
2. Mere blank forms of official
2. Official document- issued by a documents, the spaces of which are
public official in the exercise of not filed up;
function of his office. 3. Pamphlets or books which are mere
merchandise, not evidencing any
Illustration disposition or agreement.

Register of attorneys official kept by the Q: What are the classes of falsification?
clerk of the Supreme Court in which it is A:
inscribed the name of each attorney 1. falsification of legislative document;
admitted to the practice of law. 2. falsification of a document by a
public officer employee or notary
3. Private document – a deed or public;
instrument executed by private 3. falsification of public or official or
person without the intervention of a commercial documents by a private
notary public or other person legally individual;
  A.U. BLUE NOTES

4. falsification of a private documents rubric

by any person; 40
5. Falsification of wireless, telegraph b) Feigning –which is simulating a
and telephone messages. signature ,handwriting or rubric
of one of which does not exist
Q: How is a document falsified? 2. Par 2 –cousing it to appear that a
A: A document is falsified by fabricating an person have participated in an
inexistent document or by changing the act or proceeding
contents of an existing one through any of Illustration
the 8 ways enumerated under Art 171. The act of falsely impersonating the
owner of a piece of land as vendor in
Art. 171. Falsification by public officer, in the forged deed of sale would
employee or notary or ecclesiastic constitute falsification under par 2 of
minister. — The penalty of prision art 171.
mayor and a fine not to exceed P5,000 3. Altering the grades in
pesos shall be imposed upon any public examination constitutes several
officer, employee, or notary who, act of falsification namel
taking advantage of his official a. Making alteration on genuine
position, shall falsify a document by document
committing any of the following acts: b. Making it appear the corrector
1. Counterfeiting or imitating any had participated in blotting out
handwriting, signature or rubric; the grades and writing new and
increased grades opposites their
33 initial
2. Causing it to appear that c. Attributing to corrector
persons have participated in any statements other than those in
act or proceeding when they did fact made by them
not in fact so participate; 4. Par 5 .altering true dates there is
3. Attributing to persons who have falsification under this par only when
participated in an act or the date mentioned in the document
proceeding statements other is essential .the alteration of the date
than those in fact made by them or dates in a document must affect
4. Making untruthful statements in either the veracity of the document
a narration of facts; or the effects thereof .
5. Altering true dates;
6. Making any alteration or Example of alteration of dates which
intercalation in a genuine are essential
document which changes its a. Altering dates of police blotter
meaning; b. Book of record of arrest
7. Issuing in an authenticated form c. Bail bond
a document purporting to be a d. dates of birth
copy of an original document e. marriage and
when no such original exists, or f. death
including in such a copy a note the alteration of the date of the actual
statement contrary to, or payment of salary of the employee did not
different from, that of the affect either the veracity of the document or
genuine original; or the effect thereof such date not being
8. Intercalating any instrument or essential
note relative to the issuance 5. par 6 falsification by making
thereof in a protocol, registry, or alteration
official book. the accused was arrested for having in his
possession a falsified duplicate copy of
Notes traffic violation report previously issued to
1. There are two ways of him as temporary driver’s permit ..the
committing falsification under alteration were found to consist in erasing
par 1 of art 171 they are or obliterating the originally written figure
a) Counterfeiting –which is imitating 111 an d the word three after the words
any hand writing signature or pending cases and by writing and
  A.U. BLUE NOTES

superimposing thereon number 1 and the lower in degree.

word one .the accused made such alteration 34
to hide his previously pending traffic Section Five. — Falsification of medical
violation cases and thereby avoid certificates,
immediate arrest should he be caught certificates of merit or services and the
committing a fourth traffic violation like.

Art. 172. Falsification by private Art. 174. False medical certificates,

individual and use of falsified false
documents. — The penalty of prision
correccional in its medium and 41
maximum periods and a fine of not certificates of merits or service, etc.—
more than P5,000 pesos shall be The penalties of arresto mayor in its
imposed upon: maximum period to prision correccional
1. Any private individual who shall in its minimum period and a fine not to
commit any of the falsifications exceed P1,000 pesos shall be imposed
enumerated in the next upon:
preceding article in any public or 1. Any physician or surgeon who, in
official document or letter of connection, with the practice of his
exchange or any other kind of profession, shall issue a false
commercial document; and certificate; and
2. Any person who, to the damage 2. Any public officer who shall issue a
of a third party, or with the false certificate of merit of service,
intent to cause such damage, good conduct or similar circumstance
shall in any private document
commit any of the acts of The penalty of arresto mayor shall be
falsification enumerated in the imposed upon any private person who
next preceding article. shall falsify a certificate falling within
Any person who shall knowingly the classes mentioned in the two
introduce in evidence in any judicial preceding subdivisions.
proceeding or to the damage of
another or who, with the intent to Art. 175. Using false certificates. — The
cause such damage, shall use any of penalty of arresto menor shall be
the false documents embraced in the imposed upon any one who shall
next preceding article, or in any of the knowingly use any of the false
foregoing subdivisions of this article, certificates mentioned in the next
shall be punished by the penalty next preceding article.chanrobles virtual
lower in degree. law library
Section Six. — Manufacturing,
Art. 173. Falsification of wireless, importing and possession of
cable, telegraph and telephone instruments or implements intended
messages, and use of said falsified for the commission of falsification.
messages. — The penalty of prision
correccional in its medium and CHAPTER TWO:
maximum periods shall be imposed OTHER FALSITIES
upon officer or employee of the
Government or of any private USURPATION OF AUTHORITY OR
corporation or concern engaged in the OFFICIAL FUNCTION
service of sending or receiving (Art 177)
wireless, cable or telephone message
who utters a fictitious wireless, Art. 177. Usurpation of authority or
telegraph or telephone message of any official functions. — Any person who
system or falsifies the same. shall knowingly and falsely represent
Any person who shall use such falsified himself to be an officer, agent or
dispatch to the prejudice of a third representative of any department or
party or with the intent of cause such agency of the Philippine Government
prejudice, shall suffer the penalty next or of any foreign government, or who,
under pretense of official position,
  A.U. BLUE NOTES

shall perform any act pertaining to any 1. the government or

person in authority or public officer of 2. to any person in authority or
the Philippine Government or any 3. to any public officer
foreign government, or any agency
thereof, without being lawfully entitled USING FICTITIOUS NAME AND
to do so, shall suffer the penalty of CONCEALING TRUE NAME
prision correccional in its minimum and (Art 178)
medium periods.
Art. 178. Using fictitious name and
Notes concealing true name. — The penalty of
arresto mayor and a fine not to exceed
Q: What are the forms of usurpation? 500 pesos shall be imposed upon any
A: person who shall publicly
use a fictitious name for the purpose of
1. Usurpation of authority- knowing and
falsely representing oneself to be an 42
officer agent or representative of any concealing a crime, evading the
department or agency of the execution of a judgment or causing
government or any foreign damage.
Government. Any person who conceals his true name
and other personal circumstances shall
Note: Under the first form, mere false be punished by arresto menor or a fine
representation is sufficient to bring about not to exceed 200 pesos.
criminal liability
2. Usurpation of official functions – Notes
performing any act pertaining to any
person in authority or public officer Q: What are the punishable acts?
of the Philippine government or of A:
foreign government or nay agency 1. Using fictitious name
thereof. Under pretense of official
position , without being lawfully Elements
entitled to do so a. offenders uses a name other than his
real name
Note: Under the second form, without false b. he uses the fictitious name publicly
pretense, there is no crime of usurpation of
authority. 35
c. purpose of use is to conceal a
Note: There must be positive, express, and crime ,to evade the execution of a
explicit representation. judgment or to cause damage (to
public interest)
Q: Can a public official commit this
crime? 2.Concealing true name
A: Yes, violation of ART 177 is not restricted
to private individuals; public officials may Elements:
also commit this crime
a. offender conceals his true name and
Note: It does not apply to occupant under other personal circumstances
color of title
b. purpose is only to conceal his
RA NO 75 provides penalty for usurping identity
authority of diplomatic, consular or other
official of a foreign Government. Q: What is fictitious name?
A: Fictitious name is any other name
Q: To whom does the authority or which a person publicly applies to himself
function usurped pertain? without authority of law
A: The function or authority usurped must
pertain to: Illustration
  A.U. BLUE NOTES

1. Signing fictitious name in an 5. Wearing insignia or .badge or

application for passport is publicly emblem of rank of the members of
using a fictitious name the AFP or constabulary is punished
2. Where a person takes the place of by RA 493 except if used in
another who has been convicted by playhouse or theater or in moving
final judgment ,he is guilty of using a picture films.
fictitious name punishable under art
178 and not the evasion of service of FALSE TESTIMONY
sentence the real convict alone is
guilty thereof Q: What is false testimony?
A: A false testimony is a declaration under
Q: What is the distinction between oath of a witness in a judicial proceeding
using fictitious name and concealing which is contrary to what is true, or to deny
true name? the same or to alter essential truth.
A:
Using fictitious Concealing true Note: Committed by a person who being
using a fictitious Concealing true under oath of a witness and required to
name name testify
Element of publicity Element of publicity
must be present is not present 43
The purpose is The purpose is as to the truth of certain matter at a hearing
either to conceal a merely to conceal before a competent authority, shall deny the
crime, to evade the identity. truth or say something contrary to it.
execution of a
judgment, or to Q: Can a false testimony be committed
cause damage. thru negligence?
A: No, false testimony requires a criminal
ILLIGAL USE OF UNIFORM OR INSIGNIA intent and cannot be committed thru
(Art 179) negligence. It could not be frustrated or
attempted
Q: What are the elements of this
crime? Q: What is the reason for punishing
A: Offender makes use of insignia uniform or false testimony?
dress. A: Falsehood is ever reprehensible but it is
particularly odious when committed in a
a. The insignia ,uniform or dress judicial proceeding as it constitutes an
pertains to an office not held by the imposition upon the court and seriously
offender or to a class of persons of exposes it to miscarriage of justice.
which he is not a member
b. Said insignia ,uniform or dress is Illustration
used publicly and improperly A defendant charged with estafa ,testified
Notes falsely that the extra judicial confession
1. Wearing the uniform of an imaginary attributed to h was procured by police by
office ,not punishable the use of force ,intimidation and prolong
2. Is it required that there be tortured on the basis of this testimony he
exact imitation of uniform to was acquitted
constitute illegal use of uniform
or insignia? TWO WAYS OF COMMITTING PERJURY
Exact imitation is not necessary 1. By falsely testifying under oath and
colorable resemblance calculated to 2. By making a false affidavit
deceive ordinary persons is
sufficient. Note falsely testifying under oath should not
3. What is meant by improper use be in judicial proceeding
of uniform or insignia?
It means that the offender has no Q:What are elements of perjury
right to use the uniform or insignia. 1. That the accused made
4. Using uniform decoration or regalia statement under oath or
of foreign state is punished by RA 75 executed an affidavit upon
  A.U. BLUE NOTES

material matter b. That the accused attempted to

36 cause the bidders to stay away
2. That the statement or affidavit from the public auction
was made before a competent c. That it was done by threaths
officer authorized to receive and gifts,promises or any other
administer oath artifice
3. That in that statement or d. That the accused had the intent
affidavit the accused made a to cause the reduction of the
willful and deliberate assertion price of the thing action
of a false hood and
4. That the sworn statement or
affidavit containing the falsity is CHAPTER TWO
required by law OFFENSES AGAINST DECENCY AND
GOOD CUSTOMS
MACHINATIONS, MONOPOLIES AND
COMBINATION GRAVE SCANDAL (art. 200)
Acts punishable
1. By soliciting any gift or promise Art. 200. Grave scandal. — The
as a consideration for refraining penalties of arresto mayor and public
from taking active part iny public censure shall be imposed upon any
auction person who shall offend against
2. By attempting to cause bidders decency or good customs by any highly
to stay away from an auction by scandalous conduct not expressly
threats ,git promises or any falling within any other article of this
other artifice Code.

Elements of soliciting gift or Notes

promise 44
a. That h be a public auction
b. That the accused solicited any 1. What are the elements of grave
gift or promise from any of the scandal?
bidders a. Offender performs an act or acts.
c. That such gift or promise was the b. Such act or acts be highly
consideration for his refraining scandalous as offending against
from taking part in that public decency or good customs
auction c. Highly scandalous conduct is not
d. That the accused had intent to expressly falling within any
cause the reduction of the price article of this code.
of the thing auction d. Act or acts complained of be
committed in a public place or
Consummated mere solicitation within the public knowledge or
view
It is not required that the person 2. What constitutes grave scandal?
making the proposal actually refrains Grave scandal is any highly
from taking part in any public auctions scandalous act offensive to decency
It is consummated by mere and good and good customs and
solicitation of gift or promise, committed public or within
consideration for not bidding knowledge and view of the public.
If the person to whom the
solicitation is made agree to pay or 3. What is decency?
gives the gift or makes a promise ,then Decency means decency means
he will be a principal in the crime .his proprietary of conduct, proper
act will be similar to the second way of observance of the requirements of
committing the crime modesty, good taste, etc.

Elements of attempting to cause 4. What is customs?

bidders to stay away It is the established usage, social
a. That there be a public auction conventions carried on by tradition
  A.U. BLUE NOTES

and enforced by social disapproval of IMMORAL DOCTRINE S, OBSCENE

any violation thereof. PUBLICATION AND EXHIBITION
AND INDECNT SHOWS (Art 201)
Note: The offense must be directed on the
sense of decency or good customs not on Art. 201. Immoral doctrines, obscene
property such as scattering human faces on publications and exhibitions and
building. indecent shows. — The penalty of
prision mayor or a fine ranging from six
If in public place there is criminal liability thousand to twelve thousand pesos, or
irrespective of whether the immoral act is both such imprisonment and fine, shall
open to the public view .public view is not be imposed upon:
required. It is sufficient if committed in 1. Those who shall publicly
public place. expound or proclaim doctrines
openly contrary to public morals;
If in private place, public view or public 2. a. the authors of obscene
knowledge required. There must be one or literature, published with their
more persons who witnessed the act .except knowledge in any form; the
when seen by only one other person at editors publishing such
night. Thus negating the degree of publicity literature; and the
required. owners/operators of the
5. If the act or acts of the offender are establishment selling the same;
punished under another article of b, Those who, in theaters, fairs,
this code ,Art 200 is not applicable cinematographs or any other
6. When the acts were performed in a place, exhibit, indecent or
private house and seen by one immoral plays, scenes, acts or
person the crime was not committed shows, whether live or in film,
7. What is the difference between which are prescribed by virtue
grave scandal and alarm and hereof, shall include those which
scandal? (1) glorify criminals or condone
A: crimes; (2)
37
Grave scandal Alarm and 45
scandal serve no other purpose but to
The scandal The scandal satisfy the market for violence,
involved refers to involved refers lust or pornography; (3) offend
moral scandal disturbances of the any race or religion; (4) tend to
offensive to public tranquility abet traffic in and use of
decency, although and not to acts prohibited drugs; and (5) are
it does not disturb offensive to contrary to law, public order,
public peace. But decency. morals, and good customs,
such conduct or act established policies, lawful
must be open to orders, decrees and edicts;
the public view. 3. Those who shall sell, give away
or exhibit films, prints,
8. What is the difference between engravings, sculpture or
grave scandal and act of literature which are offensive to
lasciviousness? morals. (As amended by PD Nos.
A: 960 and 969).
Grave scandal Act of
lasciviousness Notes
The performance of The scandalous
scandalous acts is acts are committed 1. Who are the persons liable?
mutually against the will of a. those who shall publicly expound
consented. the woman .force or or proclaim doctrines openly
intimidation is contrary to public moral
employed b. the authors of obscene literature,
published with their knowledge in
any form ,the editors publishing
  A.U. BLUE NOTES

such literature ; and the Q: What are considered obscene

owners /operators of the literature or immoral or indecent plays,
establishments scenes or acts?
c. those who in theaters ,fairs A:
cinematograph or any other place 1) Those which glorify criminals or
exhibit indecent or immoral plays condone crimes.
scenes, acts shows, it being 38
understood that the obscene 2) Those which serve no other purpose
literature or indecent or immoral but to satisfy the market for violence
plays, scenes, acts or shows ,lust or pornography
whether live or in film which are 3) Those which tend to abet the traffic
prescribed by virtue hereof ,shall and the use of prohibited drugs
include those which; 4) Those which offend any race or
religion
1) glorify criminals or condone 5) Those that are contrary to law, public
crime order, moral, good customs,
2) serve no other purpose but to established policies, lawful orders
satisfy the market for violence decrees and edicts.
lust or pornography
3) offend any race ,or religion VAGRANTS AND PROSTITUTES (art.
4) tend to abet traffic in and use of 202)
prohibited drugs
5) are contrary to law ,public order Art. 202. Vagrants and prostitutes;
morals, good customs, penalty. — The following are vagrants:
established policies lawful order, 1) Any person having no apparent
decrees and addicts. means of subsistence, who has
the physical ability to work and
a. Those who shall sell give away or who neglects to apply himself or
exhibit films prints, engravings, herself to some lawful calling;
sculpture are offensive to morals 2) Any person found loitering about
publicity is essential. public or semi-public buildings or
places or trampling or wandering
2. What is the test of obscenity about the country or the streets
Whether or not the material charged without visible means of
as obscene has the tendency to support; 46
deprave and corrupt the minds of 3) Any idle or dissolute person who
those open to the influence thereof, ledges in houses of ill fame;
or into whose hands such material ruffians or pimps and those who
may come to. habitually associate with
prostitutes;
The test is more on objective .it is 4) Any person who, not being
more on the effect upon the viewer included in the provisions of
and not alone on the conduct of the other articles of this Code, shall
performer. be found loitering in any
inhabited or uninhabited place
3. If the viewing of pornographic belonging to another without
materials is done privately, can any lawful or justifiable purpose;
there be a violation of Art 201? 5) Prostitutes.
As long as the pornographic matter
or exhibition is made privately, there For the purposes of this article,
is no crime committed under the women who, for money or profit,
Revised Penal Code because what is habitually indulge in sexual
protected is the morality of the intercourse or lascivious
public in general the law is not conduct, are deemed to be
concerned with the moral of one prostitutes.
person.
Any person found guilty of any of
the offenses covered by this
  A.U. BLUE NOTES

articles shall be punished by refusal to work and the loitering in or about

arresto menor or a fine not public places without giving a good account
exceeding 200 pesos, and in of his presence therein.
case of recidivism, by arresto
mayor in its medium period to
prision correccional in its Q: If a person is found wandering in an
minimum period or a fine estate belonging to another, whether,
ranging from 200 to 2,000 pesos, public or private without any lawful
or both, in the discretion of the purpose, what other crimes may be
court. committed?

Q: Who are person liable? A: When a person is apprehended loitering

A: inside an estate belonging to another, the
1) Any person having no apparent following crimes may be committed
means of subsistence who has the
physical ability to work and who 1. Trespass to property – if the estate is
neglects to apply himself or herself fenced and there is a clear prohibition
to some lawful calling against entering, but the offender entered
2) Any person found loitering about without the consent of the owner or
public and semi-public buildings or overseer thereof
places or tramping and wondering
about the country or streets without 2. Attempted theft- if the estate is fenced
visible means of support. and the offender entered the same to hunt
3) Any idle and dissolute person who therein or fish from any waters therein or to
lodges in houses of ill fame ruffians gather any farm product therein without the
and pimp and those who habitually consent of the owner or overseer thereof.
associates with prostitute.
4) Any person who not being included 3. Vagrancy – if the estate is not fenced or
in the provisions of other articles of there is no clear prohibition against entering
this code shall be found loitering in
any inhabited or uninhabited place Q: Who are prostitutes?
belonging to another without any
lawful justification. 39
5) Prostitutes-women who, for money or A: Prostitutes are women who for money or
profit, habitually indulge in sexual profit, habitually indulge in sexual;
intercourse or lascivious conduct. intercourse or lascivious conduct.

Q: Who are vagrants? 47

A:Vagrants are those who loiter around
public or private places without any visible Q: Is sexual intercourse a necessary
means of support but who are physically element to constitute prostitution?
able to work without any lawful purpose. A: No, the mere indulging in lascivious
conduct habitually because of money or
Q: What is the rationale of penalizing gain would amount to prostitution, even if
vagrancy? there is no sexual intercourse. Virginity is
not a defense. Habitually is the controlling
A: The law punishes the act involved here as factoring factor; it has to be more than
a stepping stone to the commission of other once.
crimes. Without this article ,law enforcers
would have no way of checking a person Q: Is there a crime of prostitution by
loitering in the wrong place in the wrong conspiracy?
time .the purpose of the law is not simply to A: There is none, one who conspires with a
punish a person because he has no means woman in the prostitution business like
of livelihood it is to prevent further pimps, taxi drivers or solicitors of clients are
criminality. guilty of the crime under article 341 for
white slavery
Note: Being jobless does not make one a
vagrant what penalizes is the neglect and
  A.U. BLUE NOTES

Note: Under this article, a prostitute is an employee ,agent or subordinate

limited to a woman. A city or municipal official ,of any rank or class and
ordinance however may cover a male 2. That his authority to take part in the
prostitute usually called call boy. performance of public functions or to
perform public duties must be
He cannot however, be punished under art A. By direct provision of the law, or
202 he can be prosecuted under the B. By popular election, or
ordinance concerned. C. By appointment by competent
authority.
Q: What are the distinction between
vagrancy and prostitution? Q: What is the definition of public
A: officer Under RA 3019 or the Anti Graft
Vagrancy Prostitution and Corrupt Practices Act.
Can be committed Can only be
by either a man or committed by a A: Under RA 3019, the term public officer is
a woman woman broader and more comprehensive because
A man if he A woman who for includes all person whether an official or an
engages in sex for profit or money employee temporary or not ,classified or not
money is not habitually engages contractual or otherwise .any person who
prostitutes ,but in sexual or received compensation for services
vagrant lascivious conduct rendered is a public officer.
is a prostitute
Note: Public officer includes every public
Note: Article 202 is not applicable to minors servant from the lowest to the highest rank
provided that they exercise public functions
PD 1563 (mendicancy law of 1978)
punishes mendicancy and abetting Q: Is a government laborer considered
mendicancy. public officer.
A: No, however, temporary performance of
Q: Who are liable under PD1563 of public functions makes him a public officer .
Mendicancy law?
A:
1.Mendicant - one who has no visible and CHAPTER TWO
legal means of support or lawful MALFEASANCE AND MISFEASANCE IN
employment and who is physically able to OFFICE
work but neglects to apply himself to some Breach of office partakes of three forms
lawful calling and instead uses begging as a
means of livelihood. 48

2.Any person who abets mendicancy by 1. Malfeasance- when a public officer

giving alms directly to mendicants, performs in his public office an act
exploited infants ,and minors on public prohibited by law
roads, sidewalks, parks and bridges.
2. Misfeasance- when a public officer
TITLE SEVEN performs official acts in the manner
CRIMES COMMITTED BY PUBLIC not in accordance with what the law
OFFICERS prescribes.
Chapter one
PRELIMINARY PROVISIONS 3. Nonfeasance – when a public
PUBLIC OFFICERS (Art 203) officer refrains or refuses to perform
an official duty which his office
Q: How can a person be considered a require him to perform
public officer?
KNOWINGLY RENDERING UNJUST
A: to be a public officer, one must JUSTMENT (Art 204)
1. Take part in the performance of a 40
public function in the government or Q: what are the elements of this crime?
any of its branches public duties as A:
  A.U. BLUE NOTES

1. Offender is a judge any of their official acts, no matter how

2. He render judgment in a case erroneous, as long as they act in good faith.
submitted to him for decision;
3. That the judgment is unjust JUDGMENT RENDERED THROUGH
4. That the judge knows that his NEGLIGENCE (Art. 205)
judgment is unjust
Q: What are the elements of this
Q: what is judgment? crime?
A: the final consideration and determination A:
of a court of competent jurisdiction upon the 1. offender is a judge
matters submitted to it .in action or 2. He renders a judgment in a case
proceeding. submitted to him for decision
3. Judgment is manifestly unjust
It must be written in the official language 4. It is due to his inexcusable
personally and directly prepare by the judge negligence or ignorance
and signed by him and shall contain clearly
and distinctly a statement of the facts and Q: what is meant by manifestly unjust
the law upon which it is based. judgment?
A: A manifestly unjust judgment is a
Q: what is unjust judgment? judgment which cannot be explained with
A: An unjust judgment is one which is reasonable interpretation or is a clear,
contrary to law or is not supported by incontrovertible and notorious violation of a
evidence or both legal precept .it must be patently contrary
to law if rendered due to ignorance or
Note: Unjust judgment results from: inexcusable negligence.
1. Error with bad faith.
2. Ill will or revenge Note: before a civil or criminal action
3. bribery against a judge for violations of articles 204
and 205 can be entertained there must be a
Note: there must be evidence that the final and authoritative judicial declaration
decision rendered is unjust it is not that the decision or order in question is
presumed. indeed unjust the pronouncement may
result from either .(a) an action of certiorari
Abuse of discretion or mere error of or prohibition in a higher court impugning
judgment cannot likewise serve as basis for the validity of a judgment ,or (b) an
rendering an unjust judgment in the administrative proceeding in the supreme
absence of proof or an allegation of bad court against the judge precisely for
faith. promulgating an unjust judgment or order.
UNJUST INTERLOCUTORY ORDER (Art,
Q: Can this crime be committed by the 206)
member /justices of the appellate
courts 49
A: No it may be committed only by the Q: What are the elements of this crime
judge of a trial court and never of a A:
collegiate court 1. Offender is a judge
2. He performs any of the following acts
Ratio: In collegiate courts like the CA and A. Knowingly renders unjust
SC, not only one magistrate renders or interlocutory order or decree
issues the judgment or interlocutory order, B. Renders a manifestly unjust
Conclusions and resolutions thereof are interlocutory order or decree
handed down only after deliberations through inexcusable negligence
among the members, so that it cannot be or ignorance
said that there is malice or inexcusable
negligence or ignorance in rendering of a Q: what is unjust interlocutory Order?
judgment or order that is supposedly unjust.
A: it is one issued by the court deciding a
NOTE: Judges cannot be subjected to collateral or incidental matter; it is not the
liability civil criminal or administrative for
  A.U. BLUE NOTES

final determination of the issues of the The crime can be proved first before an
action or proceeding. officer can be convicted of dereliction of
duty .the crime committed by the law
MALICIOUS DELAY IN THE violator must be proved first if the guilt of
ADMINISTRATION OF JUSTICE law violator is not proved ,the person
charged with the dereliction of duty is not
Q: What are the elements of this liable
crime?
A: Q: who can be liable for dereliction of
1. Offender is a judge duty in the prosecution of offenses?
2. There is proceeding in his court A this crime can only be committed by a
3. He delays the administration of public officer whose official duty is to
justice prosecute offenders that is state
4. Delay is malicious, that is the delay prosecutors .Hence those officers who are
is caused by the judge with not duty bound to perform these obligations
deliberate intent to inflict damage on cannot commit this crime in the strict sense.
either party in the case.
Note: mere delay without malice is not Q: if a police officer tolerates the
punishable. commission of a crime or otherwise
refrains from apprehending the
Q: what are the punishable acts? offender, is he liable for dereliction of
A: duty.
A: No, such police officer cannot be
41 prosecuted for dereliction of duty but he can
1. Maliciously refraining from instituting be prosecuted as:
prosecution against the violators of
the law. 1. An accessory to the crime committed
2. Maliciously tolerating the commission by the principal in accordance with
of offenses. Art. 19 paragraph 3 or
2. He may become a fence if the crime
Q: What are the elements of dereliction committed is robbery or theft in
of duty in the prosecuting offenses? which case he violates the anti
A: fencing law ;or
1. Offender is a public officer or officer 3. He may be liable for violating the
of the law who ha s a duty to cause anti graft and corrupt practices act.
the prosecution of or to prosecute,
offenses. Q: Can a barangay chairman be held liable
2. There is a dereliction of the duties of for dereliction of duty ?
the office that is, knowing the A: Yes, because a barangay chairman is
commission of the crime, he does not expressly authorized by law to prosecute
cause the prosecution of the criminal violators within their jurisdiction .if he does
of knowing that a crime is about to not do so ,he can be prosecuted for
be committed he tolerates its dereliction of duty .
commission? 50
3. Offender acts with malice and
deliberate intent to favor the violator Q: What is prevaricacion ?
of the law. A: there is prevaricacion when a public
officer regardless of his duty violates the
Q: What does maliciously connotes? oath of his office by not carrying out the
A: Maliciously connotes that the act duties of his office for which he was sworn
complained of must be the result of a to thus amounting to dereliction of duty .
deliberate evil intent and does not cover a
mere voluntary act Q: what is covered in prevaricacion?
. A: Prevaricacion covers any dereliction of
Note: a dereliction of duty caused by a poor duty whereby the public officer involved
judgment or honest mistake is not violates his oath of office .the thrust of
punishable. prevaricacion is the breach of the oath of
office by the public officer who does an act
  A.U. BLUE NOTES

in relation to his official duties .it is not accept a case from the adverse party he
limited to dereliction of duty in the would be violating article 2009.
prosecution of offender.
It is only confidential information relating to
Q: What is the difference between crimes already committed that are covered
Prevaricacion and dereliction of duty? by the crime of betrayal of trust if the
A lawyer should undertake the case of
Prevaricacion Dereliction of opposing party or otherwise divulge
duty confidential information of a client
Applies to public Derelection of duty
officers in general refers only to It is not only lawyer who is protected by the
who is remiss or prosecuting officers matter of privileged but also the office staff
who is maliciously like secretary
refraining from
exercising the In case of revealing the secrets of his clients
duties of his office learned by the lawyer in his professional
capacity, there is no need to show that
BETRAYAL OF TRUST there was damage or prejudice to client .He
BY AN ATTORNEY OR SOLICITOR is liable even if the revelation has not
GENERAL (Art.209) caused any damage to his client.

Q: What are punishable acts? Q: Who is procurador judicial?

A: A: a person who had some practical
1. Causing damage to his client, either knowledge and procedure, but not a lawyer,
by any malicious breach of and was permitted to represent a party in a
professional duty, by inexcusable case before an inferior court.
negligence or ignorance.
2. Revealing any of the secrets of his DIRECT BRIBERY (Art.210)
client learned by him in his
professional capacity. Q: What are the punishable acts?
3. Undertaking the defense of the A:
opposing party in the same case, 1. Public officer agreeing to perform ,or
without the consent of his first client, performing in consideration of any
after having undertaken the defense offer ,promise, gift or present an act
of sid first client or after having constituting a crime ,in connection
received confidential information with the performance of his official
from said client. duties
2. Public officer accepting a gift in
Q: What is the rule with regard to consideration of the execution of an
communication made with prospective act which does not constitute a crime
client ?
A; Under this rule on evidence, 51
communication made with prospective in connection with the performance
clients to a lawyer with a view to engaging of his official duty
his professional services are already 3. Public officer agreeing to refrain ,or
privileged even though the clients to a refraining from doing something
lawyer with a view to engaging his which it is his official duty to do in
professional service are already privileged consideration of gift or promise
even though the client lawyer relationship
did not eventually materialize because the Q: What are the elements of direct
client cannot afford the fee being asked by bribery?
the lawyer A:
1. Offender is a public officer within the
41 scope of Article 203.
That this communication with a prospective
client is considered privileged ,implies that 2. Offender accepts an offer or promise
the same is confidential .Therefore ,if the or receives a gift or present by
lawyer would reveal the same or otherwise himself or through another,
  A.U. BLUE NOTES

constitute a crime (but which must

3. Such offer or promise be be unjust)
accepted ,or gift or present received If the act or omission does not
by the public officer – amount to a crime .the consideration
A .with a view of committing some must be delivered by the corruptor
crime ;or before a public officer can be
B . In consideration of the execution prosecuted for bribery .Mere
of an act which does not constitute a agreement is not enough to
crime but the act must be unjust ,or constitute the crime because the act
c.to refrain from doing something to be done in the first place
which is his official duty to do. legitimate or in the performance of
the official duties of the public official
4. the act which offender agrees to .
perform or which he executes be
connected with the performance of Illustration
his official duties
Thus the secretary of the Municipal
Q: What are the kinds of bribery?2 mayor who was under instruction to
A: receive the
1) Agreeing to perform or performing
an act pertaining to the duties of the 43
office which constitutes a crime application for awards in the
municipality’s
If the act or omission amounts to a public market for only ten persons
crime, it is not necessary that the there being only ten stalls that could
corruptor should deliver the be leased and in consideration of
consideration or the doing of the some money, received from the
act .Mere promise is sufficient .the eleventh application was the tenth is
moment there is a meeting of the guilty of this form of direct
minds ,even without the delivery of bribery .the act of the secretary who
the consideration even without the is a public officer is not a crime but it
public officer performing the act is unjust, it being unfair to the tenth
amounting to a crime ,bribery is applicant
already committed on the part of the
public officer corruption is already 3) Abstaining from performance of
committed on the part of the official duties
supposed giver.
Illustration
Illustration A police traffic officer who in
consideration of gift received or
This is the first form of direct bribery
if court stenographer ,in 52
consideration of gift or present or promise offered by a taxi driver who
even a promise ,agrees with the beat the red light ,refrains from
accuse to alter the notes taken by issuing a TVR and from confiscating
him during the trial to make it the drivers license when it is his duty
appear that a witness testified to do so commits this third form of
favorably to the accused ,when in direct bribery
truth ,his testimony was adverse to
him, said stenographer is guilty of Q: Is there frustrated bribery (direct
bribery He agreed to perform and indirect)
falsification which is a crime ,He an A: there is none bribery cannot be
accused shall likewise be held liable committed in the frustrated stage, for the
for falsification of public documents. reason that if the corruption of the official is
accomplished .the crime is consummated.
2) Accepting a gift in consideration of
the execution of an act does not Q: Supposed the public official
accepted consideration and turn it over
  A.U. BLUE NOTES

to his superior as evidence of the private person may commit this crime only
corruption, what is the crime in the case in which custody of prisoners is
committed? entrusted to him
A: the offense is attempted corruption only Q: Nestor a mayoralty candidate was
not frustrated .the official did not agree to disqualified by the Comellec on the ground
be corrupted. that the crime direct bribery from which he
has been previously convicted involves a
Q: Suppose the public official did not moral turpitude ,Under Omnibus Election
report the same to his superior and Code ,a person convicted of crime involving
actually accepted it he allowed himself a moral turpitude is disqualified to run for
to be corrupted, what is the crime an elective office after five 5 years from the
committed? service of sentence .when Nestor filed his
A: the corruptor becomes liable for certificate of candidacy for the mayoralty
consummated corruption of public position in 2001 five years had not yet lapse
official .the public officer also becomes from the time he completed the service of
equally liable for consummated bribery: his sentence

Q: What are the distinction between Q: Does the crime of direct bribery
bribery and robbery. involve amoral turpitude?
A: A: Yes Direct bribery is a crime involving
Bribery Robbery moral turpitude .the elements of the crime
The person The person arrested of direct bribery are the following
arrested has has not committed a) The offender is a public officer
committed the a crime b) The offender accepts an offer or
crime and he is receive a gift or presents by himself
threatened to give or through another
money so as not to c) such offer or promise be accepted or
be prosecuted gift or present be received by the
The transaction is The transaction is public officer with a view to
generally mutual neither mutual nor committing some crime, or in
and voluntary voluntary but consideration of the execution of an
consummated by act which does not constitute a crime
the use of force or but act must be unjust ,or to refrain
intimidation from doing something or which he
executes is connected with the
Note: Bribery refers to the act of the performance of his official duties.
receivers and the act of the giver is
corruption of public official. Moral turpitude can be inferred from the
third
It requires concurrence of the will of the two
parties otherwise; otherwise the crime 53
cannot be consummated. element. the fact that the offender agrees
Bribery cannot be committed without the to accept a promise or gift and deliberately
corresponding crime of corruption of public commits an unjust act or refrains from
officer, on the part of the giver performing an official duty in exchange for
some favors ,denotes a malicious intent on
The provisions of Art 210 are made the part of the offender is
applicable to assessors, arbitrators, and
appraisal. And claim commissioners, experts 44
or any other person performing public duties renege on the duties which he owes his
fellowmen and society in general .also ,the
Q: Is temporary performance of public fact that the offender takes advantage of his
function sufficient to constitutute a office and position is betrayal of the trust
person a public officer? reposed on him by the public .it is a conduct
clearly contrary to the accepted rules of
A: for purposes of this Article, temporary right and duty ,justice ,honesty and good
performance of public functions is sufficient morals .in all respects ,direct bribery is a
to constitute a person a public officer. A crime involving moral turpitude (Nestor B
  A.U. BLUE NOTES

Magno v Commission on Election and Carlos The gift is given in anticipation of future
C Montes GR No 147904 .October 4 2002) favor from the public officer

Q: Deputy sheriff Ben Rivas from the Q: Should there be a clear intention on
RTC clerk of court a writ of execution in the part of the public officer to take
the case of ejectment filed by Mrs the gift offered?
Maria Estrada vs Luis Abvian .the A: Yes, and he should consider the property
judgment being in favor of Estrada as his own for the moment. Mere physical
Rivas went to her lawyer’s office where possession receipt unaccompanied by any
he was given the necessary amount other sign, circumstance or act to show such
constituting the lawyer’s fee and acceptance is not sufficient to convict the
execution in the total amount of officer.
P550.00 aside from 2.000.00 in
consideration of prompt enforcement Note: the criminal penalty of imprisonment
of the writ from Estrada and her is distinct from the administrative penalty of
lawyer. The writ was successfully suspension from service
enforced what crime ,if any .did the
sheriff commit. Q: What are the distinction between
A: the sheriff committed the crime of direct direct bribery and indirect bribery?
bribery under the second paragraph of A:
Article 210 Revised Penal Code ,since the Direct bribery Indirect bribery
P2,000.00 was received by him in Public officer is Public officer
consideration of the prompt enforcement of caleed upon to simply accepts a
the writ of execution which is an official duty perform or refrain gift or present
of the sheriff to do from performing an given to him by
official act in reason of his public
Alternative answer exchange for the position and he is
gift present or not required to
On the premise that even without the consideration given perform any act
P2.000.00 sheriff Ben Rivas had to carry out to him
the writ of execution and not that he would The public ofiicer is The public officer in
be implementing the writ only because of called upon to indirect bribery is
the P2.000.00 the receipt of the amount by perform or refrain not to perform any
said sheriff may be regarded as gift from performing an official act
received by reason of his office and not as a official act
consideration for the performance of an
official duty hence ,only indirect bribery Q: as a result of misunderstanding
would be committed by said sheriff (2001 during a meeting ,Joe was mauled by
Bar exam) Nestor ,Jolan ,Reden,And Arthur .He
run towards his house but the four
INDIRECT BRIBERY (Art 211) chased and caught him .thereafter they
tied Joe’s hand at his back and
Q: What are the elements of indirect attacked him .Nestor used a
bribery? knife ;Jolan
A;
1. Offender is a public officer 54
2. He accepts gift a shovel; Arthur his fist and Reden ,a
3. Said gift are offered to him by piece of wood .After killing Joe ,Reden
reason of his office order the digging of a grave to bury
Joes lifeless body .Thereafter the four
Q: Does mere acceptance of the gift left together .Convicted for the killing
because of the offender’s position of Joe ,Arthur now claims that his
constitute bribery? conviction is erroneous as it was not he
A: Yes who inflicted the fatal blow.
Note: the article uses the words gift and a) Would you sustain his claim ?
not promise and accept not just receive why?
  A.U. BLUE NOTES

b) what was the crime committed Q: What are the prohibited acts under
by the four assaillants ?discuss PD 46?
with reason. A: PD 46 prohibits giving and acceptance by
a public officer or to a public officer, even
A: during Anniversary, or when there is an
1. No Arthur’s claim is without occasion Chrismas , New Year ,or any gift
merit .the offenders acted in conspiracy in giving Aniversary .
killing the victim and hence liable
collectively. the act of one is the act of Q: Who are liable under PD 46?
all .the existence of conspiracy among the A: PD 46 punishes both receiver and giver
offenders can be clearly deduced or inferred
from the manner they committed the killing Note: the prohibition covers giving and
demonstrating a common criminal purpose receiving gifts given by reason of official
and intent, there being conspiracy ,the position, regardless of whether or not the
individuals acts of each participant is not same is past or future favors.
considered because liability is collective.
CORRUPTION OF PUBLIC OFFICIALS
2. the crime committed is murder, (Art 212)
qualified by treachery because the
offenders, taking Q: What are elements of this crime?
A:
45 a) Offenders make offers promises or
advantage of their superiority in gives gift o present to a public officer
number rendere the victim defenseless and b) the offers or promise are made or
without any chance to retaliate tying his the gifts or presents given to a public
hand at his back before attacking him officer, under circumstances that will
treachery exist at least in the second and liable for direct bribery or indirect
final stage of the attack .after the offenders bribery.
caught up with the victim.(1993 Bar
questions) Note: Bribery is the act of receiver
corruption of public official is the act of
QUALIFIED BRIBERY (Art. 211 –A) receiver

Q: what are the elements of qualified Q: When the public officer refuses to be
bribery? corrupted, What crime is committed?
A: A: Attempted corruption of public official
a) Offender is a public officer entrusted only.
with law enforcement.
b) He refrains from arresting or PRESIDENTIAL DECREE NO 749
prosecuting offender who has GRANTING IMMUNITY FROM
committed a crime punishable by PROSECUTION TO GIVERS OF BRIBES
reclusion perpetua and /or death. AND OTHER GIFTS AND TO THEIR
ACCOMPLICES IN BRIBERY AND OTHER
Note: The crime involved in qualified GRAFT CASES AGAINST PUBLIC
bribery is a heinous crime. The public officer OFFICERS
need not receive a gift or present because a
mere offer or promise is sufficient Q: What is PD 749?
The penalty must be reclusion perpetua or A: PD 749 grants immunity from prosecution
death or present because otherwise , to a private person or public officer who
qualified bribery is not committed but shall voluntarily give information and testify
another crime.e g dereliction of duty. in a

The penalty is qualified if the public officer 55

is the one who asks or demand such present cases involving a violation of the anti graft
and corrupt Practices Act.
PRESIDENTIAL DECREE NO .46
Provide immunity to the bribe giver
provided he has two things.
  A.U. BLUE NOTES

a. He voluntarily discloses the FRAUDS AGAINST THE PUBLIC

transaction he had with the public TREASURY AND SIMILAR OFFENSES
officer constituting direct or indirect (Art. 213)
bribery or any other corrupt
transaction; a. Entering into an agreement with any
interested party or speculator or
b. He must willingly testify against the making use of any other scheme ,to
public officer involved in the case to default the Government ,in dealing
filed against the latter. with any person with regard to
furnishing supplies ,the making of
And provided further that the following contract ,or the adjustment or
conditions concur. settlement of accounts relating to
public property or funds
a. Information must refer to b. Demanding directly or indirectly ,the
consummated bribery or violations of payment of sums different or larger
RA 3019 than those authorized by law ,in the
b. Information or testimony is collection of taxes .licenses fees and
necessary for the proper conviction other imposed
of the public officer involved. c. Failing voluntarily to issue a receipt
c. Information or testimony to be given as provided by law ,for any sum of
is not yet in the possession of the money collected by him officially ,in
state or known to it. the collection of taxes ,licenses ,fees
d. Information can be corroborated in and other impost
its material points d. Collecting or receiving directly or
e. The informant or witness has not indirectly, by way of payment or
been previously convicted of a crime otherwise, things or objects of a
involving moral turpitude nature different from that provided
by law, in the collection of
Note: these conditions are analogous to the taxes .licenses fees and other
conditions under the state witness Rule impost.
under criminal procedures. Q: What are the elements of fraud
against the public treasury?
Q: Suppose the information turned out
to be false and malicious turned out to A:
be false and malicious or made only for a. Offender is a public officer
the purpose of harassing ,molesting or b. He should have taken advantage of
in any way prejudicing the public his office that is ,he intervened in the
officer denounced will the informant be transaction in his official capacity
still entitled to immunity? c. He entered in into an agreement with
any interested party or speculator or
A: No, immunity granted under PD 749 shall made use of any other scheme with
no longer attached should it turn out that regard to.
the testimony is false and malicious c.1. furnishing supplies
c.2. the making contracts,or
c.3. the adjustment or settlement of
46 account relating to public property or
Q: What is the scope of the immunity funds
under PD 749? d. accused had intent to defraud
A: the immunity granted the bribed giver is the government
limited only to the illegal transaction where 56
the informant gave voluntarily the
testimony the immunity in one transaction Note: it is committed by mere agreement
does not extend to other transaction. as long as the purpose is to defraud the
Government.
CHAPTER THREE
FRAUD AND ILLIGAL EXACTIONS AND This crime is usually committed by public
TRANSACTION officer whose official duty is to procure
  A.U. BLUE NOTES

supplies for the government or enter into a form prescribed by law,

contract for government transactions. which means official
receipt.
Q: Should there be a fixed allocation on the
matter? 3. third form -Collecting or
A: there must be no fixed allocation or receiving directly or
amount on the matter acted upon by the indirectly by way of
public officer .the allocation or outlay was payment or
made the basis of fraudulent quotations otherwise ,things or
made by the public officer involved. objects of a nature
different from that
Note the fraud is in implementation of provided by law .
procurement
GR: Under the rules and regulation of the
Q: what is the essence of fraud against government,payment of checks not
the public treasury? belonging to
A: the essence of this crime is making the
government pay for something not received 47
or making it pay more than what is due. the tax payer should not be accepted to
settle the obligation of the taxpayer
Q: What are the elements of illegal
exactions? XPN: if the check is a manager’s check or
A: certified check .
a. Offender is a public officer entrusted
with the collection of taxes licenses Q: What is the essence of the crime of
fees and other imposts illegal exaction?
b. He is guilty of any of the following A: the essence of the crime is not
acts or omission (forms of illegal misaproriation of any of the amounts but
exaction) the improper making of the collection which
would prejudice the accounting of collected
1. first form –demanding amounts by the government.
directly or indirectly the
payment of sum different Q: who may be held liable for illegal
from or larger than those exaction?
authorized by law A: illegal exaction is usually committed by a
public officer charged with the duty to
Mere demand will collect taxes license fees import duties and
consummate the crime other dues payable the government.
even if the taxpayer shall
refuse to come across Q: Does it require damage to the
with the amount being Government?
demanded A; No

2. Second form – failing Note: Public officers with such functions but
voluntarily to issue a are in the service of the bureau of internal
receipt as provided by law or the Bureau of Customs are not to be
,for any sum of money prosecuted under the revised penal code
collected by him officially but Under the Revise Administrative Code.

The act of receiving Illustration

payment due the 57
government without If sums are received without demanding the
issuing a receipt will give same a felony under this article is not
rise to illegal exaction committed However, if the sum is given as a
even though a provisional sort of gift or gratification, the crime is
receipt has been indirect bribery.
issued .what the law
requires is a receipt in the
  A.U. BLUE NOTES

When there is deceit in demanding a Note: actual fraud is not required for
greater fee than those prescribed by law, violation of article 215 .the act being
the crime committed is estafa and not punished is the possibility that fraud may be
illegal exaction committed or that the officer may place his
own interest above of the government.
This felony may be complexed with
malversation e.g. A tax collector who POSSESSION OF PUBLIC INTEREST BY
collected a sum of larger than that PUBLIC OFFICER (Art 216)
authorized by law spent all of them is guilty
of two crimes ,namely (1) illegal Q: Who are the persons liable under
exaction ,for demanding greater this Article?
amount ,and (2) malversation for A:
misappropriating the amount collected . a. Public officer, who directly or
indirectly become interested in any
Note: officers or employees of the BIR or contract or business in which it was
bureau of Customs are not covered by this his official duty to intervene.
Article .the NIRC or administrative code b. Expert ,arbitrators and private
applies accountants who in like manner ,took
part in any contract or transaction
OTHER FRAUD (Art 214) connected with the estate or
property in the appraisal ,distribution
Q: What are the elements of this or adjudication of which they had
crime? acted
A: c. Guardians and executors with
a. Offender is a public officer respect to the property belonging to
b. He takes advantage of his official their wards or the estate
position d. The mere violations of the prohibition
c. He commits any of the frauds or is punished although no fraud occurs
deceits enumerated in Art 315-318 there from
Q: Which court has jurisdiction? e. For a public official to be subject of
this crime ,it is necessary that by
A: the RTC has jurisdiction over offense reason of his office ,he has to
regardless of the amount or penalty intervene in said contracts or
involved, because the principal penalty is transactions
disqualification? f. Hence ,the official who intervenes in
contracts or transaction which have
PROHIBITED TRANSACTIONS (Art. 215) no relation to his office cannot
commit this crime
Q: What are the elements of this g. In Art 216 ,the offender includes not
crime? only
A:
a. Offender is an appointive public 48
officer. h. appointive but also elective public
b. He becomes interested ,directly or official in fact. Under the 2 nd
indirectly in any transaction paragraph of the said article ,even
exchange or speculation private individuals can be held liable
c. Transaction take place within the i. Act is punished because because of
territory subject to his jurisdiction the possibility that fraud may be
d. He becomes interested in the committed or that the officer may
transaction during his incumbency place his own interest above that of
the government or of the party which
Note: the transaction must be of exchange he represents
or speculation 58
e.g. Buying and selling stocks listed in the j. Constitutional prohibition exist
stock exchange by an official of the
Securities and Exchange commisiion Congress cannot personally appear as
counsel ,cannot be interested financially in
any franchise or special privileged granted
  A.U. BLUE NOTES

by government before office

government ,cannot intervene in any matter Q: What is the trust of the crime of
before office of the Government malversation?:

Executive –cannot hold any other office A: Malversation is predicated on the

constitutional Commission –cannot hold any relationship of the offender to the property
other office ,or engage in the practice of or funds involved.
profession or management of business ,or
be financially interested in a contract with Q: In general, who can be had liable for
or franchise privilege by the Government. the crime of malversation?
A: the crime of malversation can be
CHAPTER FOUR committed by an officer accountable for the
MALVERSATION OF PUBLCI FUNDS OR funds or property which is appropriated.
PROPERTY
Q: Who are accountable officers?
MALVERSATION OF PUBLIC FUNDS OR A: Accountable officer includes cashiers
PROPERTY (Art .217) disbursing officers or property custodian
and any property for which he is
Q: what are punishable acts? accountable.
A:
a. Appropriating public fund or Q: Is it necessary that the offender
property. actually misappropriated the funds?
b. Taking or misappropriating the same A; No .somebody else may have
c. Consenting or through abandonment misappropriated the funds in question.it is
or negligence permitting any other enough that he has violated the trust
person to take such public funds or reposed on him in connection with the
property property.
d. Being otherwise guilty of the
misappropriation or malversation of Q: Is there a crime of malversation?
such public funds or property A; there is none ,the crime is plain
malversation whether committed through
Note: Penalty of malversation is the same dolo or culpa the RPC imposes same penalty
whether is the same whether committed whether malversation results from
with malice or through negligence or negligence or was the product of deliberate
imprudence . act.

The nature of the duties of the public office Q; Is damage to the government
and not the name of the office necessary constitute malversation?
controls .Thus, an emergency employee A: No, damage to the government is not
entrusted with the collection or custody of essential not being an element of the
public funds is liable for malversation if he offense .it is enough that proprietary rights
misappropriate the same. of the government over the funds have
been disturbed through breach trust.
Q: What are the common elements to
all acts of malversation?: Q: Suppose the money is refunded on
A: the same day it was misapproiated ,is
a. Offender is a public officer malversation committed?
b. He had the custody or control of
funds or property by reason of the A: Yes refund of funds on the same day of
duites of his office
c. Those funds or property were public 59
funds or property for which he was misappropriation does not exempt the
accountable offender from criminal liability .the return of
d. He appropriated took, the funds malversed is only mitigating not
misappropriated or consented or exempting circumstance
through abandonment or negligence,
permitted another person to take Q: suppose the offender is willing to
them. pay the amount misappropriated or
  A.U. BLUE NOTES

willing to make some restitution of the which he has not been able to explain
property misappropriated ,can he still satisfactorily.
be liable for malversation?
Q: what are the distinctions between
A: Yes because payment or restitution does malversation and estafa?
not distinguish criminal liability for A:
malversation but only civil liability of the Malversation Estafa
offender 49 Committed by Committed by
accountable public private person or
Ratio- check is cleared only after three officer even a public
days during the period of three days ,the officer who acts in a
government is being denied the use of private capacity
public funds. Deals with public Deals with private
funds or property property
Q: May a private person commit the May be committed Committed by
crime of malversation? without personal personal
A: Yes, a private person may also commit misappropriation ,a misappropriation
malversation under the following situations: s when the only
a. Conspiracy with a public office in accountable officer
committing malversation. allows another to
b. When he has become an accomplice misappropriate the
or accessory to a public officer who same
commits malversation .
c. When the private person is made the
custodian in whatever capacity of Q: A Municipal treasurer ,accountable
public funds or property whether for public funds or property ,encashed
belonging to national or local with public funds private checks drawn
government, and he misappropriates in favor of his wife .the checks bounced
the same. ,the drawer not having enough cash in
d. When he is constituted as the the drawee bank .the municipal
depositary or administrator of funds treasurer ,in encashing private checks
or property seized or attached by from public funds ,violated regulations
public authority even though such of his office Notwithstanding
funds or property belong to a private restitution of the amount of the checks
individual. ,can the municipal treasurer
nevertheless be criminally liable ?what
Q: when does presumption of crime did he commit ? Explain
misappropriation? A; Yes, Notwithstanding the restitution of
A; when a demand is made upon an the amount of the check ,the Municipal
accountable officer and he cannot produce treasurer will be criminally liable as
the fund or property involved .the restitution does not negate criminal liability
presumption arises only if at the time the although it may be considered as a
demand to produce the public funds ,the mitigating circumstances similar or
accountability of the accused is already analogous to voluntary surrender (People
determined and liquidated ,that is, a vs. Velasques ,73 Phil 98) He will be
complete and trustworthy audit should have criminally liable for malversation ,However,
been undertaken if the restitution was made immediately,
under
Note: the moment any money is
commingled with the public fund even if not 60
due the government ,it becomes impressed vehement protest against an imputation of
with the characteristic of being part of malversation and without leaving the
public funds office ,he may not be criminally liable .
An accountable public officer may be Q: Accused Juan Santos a deputy
convicted of malversation even if there is no sheriff in a RTC ,levied on the personal
direct evidence of misappropriation and the properties of a defendant in a civil case
only evidence is the shortage in accounts before said court pursuant to a writ of
  A.U. BLUE NOTES

execution duly issued by the court If Juan Santos was no longer the public
among the properties levied upon and officer whoc should be accountable for the
deposited inside the evidence room of properties levied upon and found in his
the clerk of court for Multiple RTC house his taking of such properties would no
Salas were a refrigerator ,a stock of longer constitute malversation but theft as
cassette tapes dining table set of there was taking with intent to gains of
chairs and several lampshades .Upon personal property of another without the
the defendant playing off the judgment consent of the latter .(2001 Bar exam
creditor ,he tried to claim his question )
properties but found out that several
items were missing ,such as the FAILURE OF ACCOUNTABLE OFFICER TO
cassettes tapes ,chairs and RENDER ACCOUNTS (Art. 218)
lampshades .after due and diligent
sleuthing by the police detectives Q: What are the elements of this
assigned to the case ,these missing crime?
items were found in the house of A:
accused Santos ,who reason out that a. Offender is a public officer whether in
only borrowed them temporarily .if you the service or separated therefrom .
were the fiscal /prosecutor ,what would b. He must be accountable officer for
be the nature of the information to be public funds or property
filed against the accused ?why? c. He is required by law or regulation to
render accounts to the commission
A: if I were the fiscal /prosecutor .I would file on audit or to a provincial auditor
an information for malversation against Juan d. He fails to do so for a period of two
Santos for the casettes tapes ,chairs and months after such accounts should
lampshades which he ,as deputy be rendered
sheriff ,levied upon and thus under his
accountability as a public officer said Note: this is a felony by omission and
properties being under his accountability as misappropriated is not necessary.
a public officer said properties being under
levy are in custodia legis and thus Demand for accounting is not necessary
impressed with the character of public
property ,Misapproriation of which It is not necessary that there be
constitutes the crime of malversation misappropriation if there is
although said properties belonged to private misappropriation, he would be liable also for
individual (Art 222 RPC) malversation under Art.217.
Q: The chairman of the Philipine sports
Juan Santos misappropriated such commission (PSC) Hechanova,
properties when in breach of trust ,he submitted to the federation
applied them to his own private use International Des Eschecs (FIDE) a bid
benefit ,His allegation that he only barrowed offer to host the 30 chess Olymppiad of
such properties is a lame excuse ,devoid of 1992 in Manila FIDE accepted the said
merit as there is no one from whom he offer.
borrowed the same .The fact that it was
only after due and diligent sleuthing by the PSC then appropriated the amount of
police detectives assigned to the case that for thousand Swiss Francs (SFr
the missing items were found to the case P40.000) as monthly expenditure of
that the missing items were found in the FIDE ,in compliance with obligations
house of Santos negates his pretension under the bid offer the PSC remitted to
FIDE th total amount of P12,
Alternative answer 876 ,008.00 which was received by
An information for theft may be FIDE President Campomanes
filed ,considering that the sheriff had Subsequently COA conducted an audit
already deposited the properties levied of the PSC’S transaction .the COA team
upon in the evidence room of the clerk of notice
court and may have already been relieved
of his accountability therefore. 61
  A.U. BLUE NOTES

irregularities in the claims payable to b. He must be an accountable

FIDE particularly the lack of officer for public funds or
acknowledgement receipts and property
accounting liquidations attached to the c. He must have unlawfully left (or
disbursement vouchers .As such be on point of leaving the
Hechanova and Campomanes were Philippines without securing
charged with failure to render accounts from the commission on audit a
under article 218 in relation to Art 222 certificate showing that his
of the Revised Penal Code (RPC) account have been finally
Sandigang Bayan acquitted Hechanova settled.
for failure of the prosecution to prove
conspiracy .Compamones however was Note: Mere act of leaving without
convicted .Is Campomanes guilty of securing clearance constitutes the
failure to render accounts as defined in crime under Art 219. It is not necessary
Art 218 in relation to Art 222 of the that the public officer realy
RPC misappropriated public funds

A: No Campomanes is not guilty .the COA Act of leaving the country must be
has the authority to demand accounting unauthorized or not permitted by law
from FIDE if there is a law that requires the
PSC to ask FIDE to render an accounting or Q: What can commit this crime under
if the PSC required FIDE to render an Art 219?
accounting ,or if the PSC required FIDE to A: it is committed by responsible public
render an accounting as a condition for the officer, not necessarily an accountable one,
funding of chess Olympiad .absent such law who leaves the country without first
or contractual obligation ,the COA does not securing clearance from the commission on
have the authority to audit the accounts of audit
non governmental entities receiving subsidy
or equity from the government ,like FIDE ILLIGAL USE OF PUBLIC FUNDS OR
Indeed ,such entities are not obliged to PROPERTY (Art 220)
render an accounting to the COA if no law or
contract requires them to do so Q: What are the elements of this
crime?
There is no claim by the PSC or the COA that A:
FIDE a foreign non Government entity is a. Offender is a public officer
obligated under the contract to render an b. There is a public fund or property
accounting there is also no showing that the under his administration
PSC’s charter or any law or regulation c. Such public fund or property has
requires FIDE to render accounting to the been appropriated by law or
PSC or the COA as a condition for the ordinance.
receipt of funds therefore no criminal d. He applies the same to a public use
liability can be imputed on RPC which other than that for which such fund
admittedly requires that there must be a or property has been appropriated by
law or regulation requiring the rendering of law or ordinance.
accounts by private individuals. (Florence B
Campomanes vs. People of the Philippines, Note: illegal use of public funds or property
GR NO 161950 19 December 2006) is also known as technical malversation.

FAILURE OF A RESPONSIBLE PUBLIC To constitute technical malversation, there

OFFICER TO RENDER ACCOUNTS must be a law or ordinance appropriating
BEFORE LEAVING THE COUNTRY public funds or property for specific purpose
(art.219) Damage is not essential elements and the
offender derives no benefit.
Q: What are the elements of this
crime? Q: Why is it termed technical
A: malversation?
a. Offender is a public officer
  A.U. BLUE NOTES

A: Because under this article, the fund or A:

property involved is already appropriated or a. that the public officer has
earmarked for a certain public purpose. government funds in his possession
b. that he is under obligation to make
Q: How is technical malversation payment from such funds
committed? c. that he fails to make payment
A: the offender is entrusted with such fund maliciously
or property only to administer or apply the
same to the public purpose for which it was Note: Refusal to make delivery of property
appropriated by law or ordinance .instead of must be malicious .
6
2 The penalty is based on value of
applying it to the public purpose to which funds/property to be delivered
the fund or property is appropriated by
law ,the public officer applied it to another OFFICERS INCLUDED IN THE
purpose. PRECEEDING PROVISION (Art 222)

Q: Suppose the application made Q: Who are individuals that may be

proved to be more beneficial to the liable under (Art 222)
public than the original purpose for
which the amount of property is Q: Who are the individuals that may be
appropriated ,is there technical liable under art 217-221?
malversation? A:
A: the crime committed is simple a. Private individual who in any
malversation only. capacity whatsoever ,have charge of
any national ,provincial or municipal
Q: What are the distinction between funds ,revenue or property
technical malversation and b. Administrator ,depository of funds or
malversation? property attached seized or
A: deposited by public authority even if
Technical Malversation such property belongs to a private
malversation individual
Offender derives no Generally ,the
personal gain or offender derives Note: sheriffs and receiver fall under the
benefit personal benefit administrator.
Public fund or Conversation is for
property is diverted the personal Judicial administrator not covered by this Art
to another public interest of the ( appointed to administer estate of
use other than that offender or of deceased and not charge of property
provided for in the another person attached ,impounded or placed deposit by
law public authority

FAILURE TO MAKE DELIVERY OF PUBLIC Private property is included if it is attached,

FUNDS (Art 221) seized deposited by public authority
Q: What are the punishable acts?
A: CHAPTER FIVE
a. Failing to make payment by a public INFIDELITY OF PUBLIC OFFICERS
officer who is under obligation to
make such payment from the CONNIVING OR CONSENTING TO
Government funds in his possession. EVASION (Art 223)
b. refusing to make delivery by a public
officer who has been ordered by Q: What are elements of this crime?
competent authority to deliver any a. offender is a public officer
property in his custody or under his b. he had in his custody or charge a
administration prison either detention prisoner or
prisoner by final judgment
Q: What are the elements of this c. such prisoner escaped from his
crime? custody
  A.U. BLUE NOTES

d. he was in connivance with the The fact that the public officer recaptured
prisoner the latter escapes. the prisoner who escaped from his custody
Illustration does not afford complete exculpation
A municipal mayor who utilized the prisoner
services for domestic chores in his house If a policeman on guard duty blocked the
including using him as cook is liable door of the jail to let a detention prisoners
faithlessness in the custody of prisoners to go out so he can clean the premises ,but
even though the convict may not have been on the latter’s third trip to a nearby faucet,
fled in he walked behind the police
as much as the prisoner leaving the prison headquarters ,climbed over the wall and
was affected through him escape this crime is not committed.
63
Mere order ,however to a prisoner to keep
Q: What are the classes of prisoners close while answering the telephone is not
involved? sufficient precaution under the
A; circumstances and for the escape of the
a. fugitive sentenced by final judgment prisoner ,he is liable under this article .He
to a penalty should have locked the prisoners back in jail
b. fugitive held only as detention before answering the telephone as there
prisoners any crime or violation of was nothing in the call necessitating
law or municipal ordinance: preference to accused’s official duty of
locking him back in jail
Q: Who is detention prisoners?
A: A person becomes a detention prisoners Q: What is the liability of the escaping
from the moment he is booked .this refers prisoners?
to accomplishment of the booking sheet and A:
filing of a form where he is a. If the fugitive is serving sentence by
fingerprinted .from that time on ,he is reason of final judgment, he is liable
already a detention prisoner even if he is for evasion of the service of
not yet incarcerated sentence under art 157.
b. If the fugitive is only a detention
Note: Without connivance in the escape of prisoner he does not incur any
the prisoners on the part of the person in criminal liability
charge, this crime is not committed
ESCAPE OF PRIOSNERS, UNDER
Mere leniency or laxity in the performance CUSTODY OF A PERSON NOT A PUBLIC
of duties does not constitute infidelity. OFFICERS (Art 225)

EVASION THROUGH NEGLIGENCE (Art Q: What are the elements of this

224) crime?
A:
Q: what are the elements of this crime? a. Offender is a private person
A: b. Conveyance or custody of a
a. offender is a public officer prisoners or person under arrest
b. He is charged with the conveyance is confined to him
or custody of a prisoner ,either c. Offender consents to the escape
detention prisoner or prisoner by of the prisoners or person under
final judgment arrest ,or that the escape takes
c. Such prisoner escapes through his place through his negligence.
negligence
Note: the elements of this felony are similar
Note: there must have been definite laxity to that of infidelity in the custody of
amounting to deliberate non performance of prisoners, except that the offender is a
duty private person to whom the custody of a
prisoner shall have been confided .
Illustration
Illustration
  A.U. BLUE NOTES

When such private person shall accept any or unlawful purpose on the part of the
consideration or gift for the non offender unlike in cases of destroying or
performance of a duty confided to him, concealing the same for which no proof of
bribery is committed in addition because he criminal purpose or objective is required.
is performing a public function, hence ,at
that instance ,he is deemed to be a public Q: when is the crime consummated?
officer A: the crime of removal of public document
in breach of official trust is consummated
Note: this article is not applicable if a upon its removal or secreting away from its
private person was the one who made the usual place in the office and after the
arrest and he consented to the escape of offender had gone out and locked the door it
the person arrested being immaterial whether he has or has not
actually accomplished the illicit purpose for
REMOVAL CONCEALMENT OR which he removed said documents.
DESTRUCTION OF
DOCUMENTS (ART 226) Q: what is punished in the crime of
infidelity in the custody of documents?
Q: What are the elements of this A: It is the breach of public trust which is
crime? 64 punished .
A:
a. Offender is a public officer Q: In what ways the crime of infidelity
b. He abstract, destroys, or of documents may be committed?
conceals document or paper. A: it is committed in three ways namely
c. Said document or papers should removal ,concealment or destruction .
have been entrusted
Note: a post office official who retained the
Note: this crime is also called infidelity in mail without forwarding the letters to their
the custody of documents. destination is guilty of infidelity in the
custody of papers.:
Q: Must removal for an illicit purpose?
A: Yes, Removal is for an illicit purpose Q: What is the meaning of removal
when the intention of the offenders is – concealment and destruction?
A:
a. To tamper with it, or a. Removal- presupposes appropriation
b. To profit by it, or of the official documents it does not
c. To commit an act constituting a require that the record be brought
breach of trust in the official care out of the premises where it is
thereof kept .it is enough that the record be
removed from the place where it
Note: Destroying or concealing documents should be and transferred to another
or papers does not require proof of illicit place where it is not supposed to be
purpose . kept
b. Destruction- is equivalent to
The damage to third person or to the public rendering useless or the obliteration
must be actual but need not be pecuniary or of said documents the complete
material. destruction thereof is not necessary
c. Concealment- means that the
The document must be complete and by documents are not forwarded to their
which a right can be established or an destination and it is not necessary
obligation could be extinguished that they are secreted away in a
place where they could not be found
Damage in this article may consist in mere Q: Who may be liable for the crime of
alarm to the public or in the alienation of its infidelity in the custody of documents?
confidence in any branch of the government A: it can only be committed by the public
service officer who is made the custodian of the
documents in his official capacity
If the act charged is removal of the
document, there must be proof of an illicit
  A.U. BLUE NOTES

Q: Supposes, in a case for bribery or OPENING OF CLOSED DOCUMENTS (art,

corruption the monetary consideration 228)
was marked as exhibits ,the custodian Q: What are the elements of this
spent the money so marked ,what is crime?
the crime committed? A:
a. offender is a public officer
A: the crime committed is infidelity in the b. any closed papers documents or
custody of documents because the money objects are entrusted to his custody
adduced as exhibits partake the nature of c. he opens or permits to be opened
document and not as money. said closed papers ,documents or
objects
OFFICAL BREAKING SEAL (Art. 227) d. he does not have proper authority
Q: What are the elements of this
crime? Note; the closed documents must be
A: entrusted to the custody of the accused by
65 reason of his.
a. offender is a public officer
b. he is charged with the custody of Q: Supposed in the opening of the
papers or property closed document, ,the public officer
c. these papers or property are sealed abstracted its contents ,what crime
proper authority is /are committed?
d. he breaks the seals or permits them A; the public officer is liable under Art 228
to be broken he is also liable for theft.

Q: Is damage or intent to cause REVELATION OF SECRETS BY AN

damage necessary. OFFICER (Art 229)
A: No it is not necessary, damage is not an
element the crime may be committed Q: What are the punishable acts?
through negligence. A;
1. Revealing any secrets known to the
It is the breaking of the seals and not the offending public officer by reason of his
opening of a closed envelope which is official capacity.
punished Elements
a. offender is a public officer
Q: What constitutes the crime of b. He knows of a secret by reason of
breaking the seal? his official capacity
A; the mere breaking of the seal or the mere c. He reveals such secret without
opening of the document would already authority or justifiable reasons.
bring about infidelity even though no d. Damage great or small is
damage has been suffered by anyone or by Caused to the public interest.
the public at large
2. Delivering wrongfully papers or copies of
Q: What is the rationale for penalizing papers of which he
the act of breaking the seal? may have charge and which should not be
A: the act is punished because the public punished.
officer in breaking the seal or opening the
envelope violates the confidence or trust Elements
reposed on him a. offender is a public officer
b. he has charged of paper
Q: What is meant by breaking the seal? c. those papers should not be
published.
A: the word breaking should not be given a d. He delivers those papers or copies
literal meaning .even if actually, the seal thereof to a third person
was not broken because the custodian e. The delivery si wrongful
managed to open the parcel without f. Damage is caused to public interest.
breaking the seal
Note: this article punishes minor official
betrayals infidelities of little consequences
  A.U. BLUE NOTES

affecting usually the administration of removes and

justice, executive of official duties or the delivers them
general interest of the public order. wrongfully to a
third person
Q: What is referred by secrets?
A: the secrets referred to in this article are
those which have an official or public PUBLIC OFFICER REVEALING SECRETS
character .the revelation of which may OF PRIVATE
prejudice public interest they refer to INDIVIDUAL (Art 230
secrets relative to the administration of the
government Q: What are the elements of this
crime?
Note: damage is not an essential element A:
a. Offender is a public officer
Revealing must be without authority or b. He knows of the secret of private
justifiable reasons. individual by reason of his office
66 c. He reveals such secret without
authority or justifiable reasons
Q: Are military secrets or those
affecting national security covered in Q: Should the secret be reveals
this article? publicly?
A: No, because military secrets or those A: No, the crime is consummated if the
affecting national security covered in this same is communicated to another even in
article. close intimacy

Note: change here means control or The revelation will not amount to a crime
custody if the public officer is merely under this article if the secrets are contrary
entrusted with the papers but not with the to public interest or to the administration of
custody he is not liable under this provision. justice

If the papers contain secrets which should If the offender is an attorney he is properly
not be published and the public officer liable under Art.209 (betrayal of trust by an
having charged thereof removes and attorney)
delivers them wrongfully to a third person
the crime is revelation of secrets .on the Q: should damage be suffered by the
other hand if the papers do not contain private individual for the officer to be
secrets .their removal for an illicit purpose is liable?
infidelity in the custody of documents. A: No, it is not necessary that damage is
suffered by the private individual the reason
Q: What is the difference between for this provision is to uphold faith and trust
revelation of secrets by an officer and in public service.
infidelity in the custody of
documents .papers by removing the CHAPTER SIX
same? OTHER OFFENSES OR IRREGULARITIES
A: BY PUBLIC OFFICER
Revelation of Infidelity in the
secrets by an custody of OPEN DISOBEDIENCE (231)
officer documents or
papers by Q: What are the elements of this crime?
removing the A:
same a. offender is a judicial or executive
The papers contain The papers do not officer
secrets and contain secrets but b. there is judgment decision or order
therefore should their removal is for was made within the scope of the
not be published an illicit purpose jurisdiction of the superior authority
and the public and issued with all the legal
officer having formalities
charge thereof
  A.U. BLUE NOTES

c. Offender without any legal b. Competent authority demands from

justification openly refuses to the offender that he lend his
execute the said judgment decision cooperation towards the
or order which he is duly bound to administration of justice or other
obey. public service
c. Offender fails to do so maliciously
Note: Judgment should have been rendered
in a hearing and issued within proper Q: Give some of the instances of the
jurisdiction and with all required legal crime of refusal of assistance
formalities. A: investigators and medico legal officers
refusing to appear to testify in court after
The refusal must be clear manifest and having been subpoenaed
decisive or a repeated and abstinate
disobedience in the fulfillment of an order Q: Is the crime of refusal of assistant
committed only in connection with the
The refusal must be intentional and must administration of justice.
not be confused with omission arising from A: No, any refusal by the public officer to
oversight, mistake or erroneous render assistance when demanded by
interpretation of the order competent public authority as long as the
DISOBEDIENCE TO ORDER OF SUPERIOR assistance requested from him is within his
OFFICER, WHEN SAID ORDER WAS duty to render and that assistance is
SUSPENDED needed for public service constitutes refusal
67 of assistance.
BY INFERIOR OFFICER
Q: What are the elements of this The request must come from one public
crime? officer to another
A: The public officer should be under obligation
a. offender is a public officer by reason of his office to render the
b. an order is issued by his superior required assistance to the administration of
execution justice or any public service .
c. He has for any reason suspended of
such order. Note: Damage is not an element serious
d. His superior disapproves the damage to public interest or a third person
suspension the execution of the merely aggravates the imposition of
order penalty.
e. Offender disobeys his superior
despite the disapproved of the REFUSAL TO DISCHARGE ELECTIVE
suspension OFFICE (Art 234)
Q: What are the element of this crime?
Note: the order of the superior must be a. Offender is elected by popular
legal or issued within his authority otherwise election to a public office
.this article does not apply b. He refuses to be sworn in or to
discharge the duties of the said
The disobedience must be open and office
repeated. c. There is no legal motive for such
refusal to be sworn in or to discharge
What is punished by the law is the duties of said office
insubordination or the act of defying the
authority which is detrimental to public Note: Refusal to discharge the duties of an
interest appointive office is not covered by this
article.
REFUSAL OF ASSITANCE (Art 233)
MALTREATMENT OF PRISONERS (Art
Q: What are the elements of this 235)
crime?
A: Q: What are the elements of this
a. Offender is a public officer crime?:
A:
  A.U. BLUE NOTES

1. Offender is a public officer or custody of such prisoner ,what crime is

employee he responsible for?
2. He has under his charge a prisoner A: the public officer is liable for physical
or detention prisoner He maltreats injuries.
such prisoner in either of the
following ways: Q: What is meant by under his charge?
a) by overdoing himself in the A: under his charge means actual charge
correction or handling of a
prisoner or detention prisoner Q: When a person is maltreated by a
under his charge either public officer who has actual charge of
I. By the imposition of prisoners, How many crimes may be
punishment not authorized committed?
by the regulations ,or A; Two crimes are committed ,namely
II. By inflicting such punishment maltreatment under Art 235 and physical
in a cruel and humiliating injuries, Maltreatment and physical injuries
manner may not be complexed because the law
b) by maltreating such prisoner to specified that the penalty for maltreatment
extort a confession or to obtain shall be in addition to his liability for the
some information from physical injuries or damages caused.
prisoner
Q: Suppose the person, maltreated is
Note: to be considered as a detention not a convict or a detention prisoner,
prisoner the person arrested must be placed what crime/s is/ are committed
in a jail even for a short time. A: The crime committed would either be
coercion or physical injuries .coercion if the
Maltreatment should not be due to personal person not yet confined in jail is maltreated
grudge otherwise, liable for physical injury to extort a confession .Physical injuries ,if
the person maltreated has already been
Illustration arrested but is not yet booked in the office
68 of the police and put in jail
The public officer /employee either impose
punishment not authorized by the regulation Illustration
or by law or inflicted punishment If a barangay captain maltreats a person
/disciplinary action authorized by law in a after the latter’s arrest but before
cruel and humiliating manner. confinement the offense is not
maltreatment but physical injuries .the
Thus hitting a prisoner by latigo even if the victim must actually be confined either as a
purpose is to instill discipline is not convict or detention prisoner (People vs.
authorized by law and constitutes violation Baring et al 37 O.G.1366
of this article .On the other hand ,requiring
prisoners to dig a canal where culvert shall If the purpose of the maltreatment is to
be placed to prevent flooding in the prison extort a confession or to obtain some
compound is authorized by law and does not information from the prisoner, the felony
violate this article .but if the public officer becomes qualified.
would order the prisoner to do so
from ,morning up to late in the evening ANTICIPATION OF DUTIES OF A PUBLIC
without any food ,then this article is OFFICE (ART 236)
involved ,as he inflicted such authorized
punishment in cruel and humiliating Q: What are elements of this crime?
manner. A:
a. Offender is entitled to hold a public
Q: Who may be liable for maltreatment office either by election or
of prisoner? appointment
A: it is committed only by such public officer b. Law requires that he should first be
charged with direct custody of the prisoner. sworn in and /or should first give a
bond
Q: If the public officer who maltreated c. He assumes the performance of the
the prisoner is not charged with the duties and power of such office
  A.U. BLUE NOTES

d. He has not taken his oath of office violations of the law

and/or given the bond required by The public officer The public officer
law. abandons his office does not abandon
to evade the his office but he
PROLONGING PERFORMANCE OF discharge of his fails to prosecute
DUTIES AND POWERS (ART 237) duty. an offense
dereliction of duty
Q: What are elements of this crime? or by malicious
A: tolerance or the
a. Offender is holding a public commission of
b. Period provided by law ,regulations offenses
or special provision for holding such
office .has already expired USURPATION OF LEGISLATIVE POWER
c. He continues to exercise the duties (ART 239)
and power of such office.
Q: What are the elements of this
Q: Who are the officers contemplated? crime?
A: Those who have been suspected, A:
separated, declared over aged or dismissed a. Offender is an executive or
judicial officer
ABANDONMENT OF OFFICE OR b. He makes general rules or
POSITION (art 238) regulation beyond the scope of
his authority or attempts to
Q: What are the elements of this repeal a law or suspends the
crime? execution thereof.
A:
a. Offender is a public officer USURPATION OFEXECUTIVE FUNCTIONS
69 (Art 240)
b. He formally resigns from his position
c. His resignation has not yet been Q: What are the elements of this
accepted crime?
d. He abandons his office to the A:
detriment of the public service. a. Offender is a judge
b. He
Note: there must be a formal or written I. Assumes a power pertaining
resignation. to the executive authorities.
II. Obstruct executive authorities
Q: Supposing the purpose of in the lawful exercise of their
abandonment is to evade the discharge powers
of duties consisting of preventing,
prosecuting or purnishing any of the USURPATION OF JUDICIAL FUNCTIONS
crimes against national security (e.g) (Art .241)
espionage, treason) in which case, the
penalty is higher. Q: what are the elements of this crime?
A:
Q: What are the difference between a. Offender is an officer of the
abandonment of office and negligence executive branch of the government
and tolerance in prosecution of b. He assumes judicial powers ,or
offense, (Art 208) obstruct the execution of nay order
or decision rendered by any judge
Appointment of Dereliction of within the jurisdiction
office duty
Committed by any Committed only by Note: arts 239 to 241 punish interference
public officer public officers who by officers of one of the three department of
have the duty to the government with the functions of an
institute official of another department.
prosecution for the
punishment of
  A.U. BLUE NOTES

DISOBEYING REQUEST FOR

DISQUALIFCATION (Art 242) Q: Is the act of recommending
punishable under this Article?
Q: What are the elements of this A: No: mere recommending, even if with the
crime? knowledge that the person recommended is
A: not qualified ,is not a crime. He must
a. Offender is a public officer nominate.
b. Proceeding before sush public officer
c. There is a question brought before ABUSES AGAINST CHASTITY (ART 245)
the proper authority regarding his
jurisdiction which is not yet decided. Q: What are the punishable acts?
d. He has been lawfully required to A:
refrain from continuing the a. Soliciting or making immoral or
proceeding. indecent advances to a woman
interested in matters pending before
Note: the offender is any public officer the offending officer for decision, or
who has been lawfully required to refrain with respect to which he is required
from continuing with his course of action to submit a report to consult with a
He must wait until the question of superior officer.
jurisdiction is finally settled. (Art b. Soliciting or making immoral or
indecent advances to a woman
ORDER OR REQUEST BY EXECUTIVE under the offenders custody.
OFFICERS TO ANY JUDICIAL c. Soliciting or making immoral or
AUTHORITY (Art 243) indecent advances to the
wife .daughter, sister or relative
Q: what are the elements of this crime? within the same degree by affinity of
A: any person in the custody of the
a. Offender is an executive officer offending warden or officer.
70 Q: What are the elements of this
b. He address any order or crime?
suggestion to any judicial A:
authority. a. Offender is a public officer
c. The order or suggestion relates to b. He solicits or makes immoral or
any case or business coming indecent advances to a woman
within the exclusive jurisdiction of c. Such woman is
the court of justice I. Interested in matters pending
before the offender for
Note: Legislative or Judicial officers are not decision or with respect to
liable under this article. which he is required to submit
a report to or consult with a
Mere suggestion is punishable superior officer
II. Under the custody of the
UNLAWFUL APPOINTMNET (Art 244) offender who is a warden or
other public officer directly
Q: What are the elements of this charged with the care and
crime? custody of prisoners or person
A: under arrest
a. Offender is a public officer. III. The wife ,daughter ,sister,or
b. He nominates or appoints a person relative within the same
to a public office degree by affinity of the
c. Such person lacks the legal person in the custody of the
qualification thereof offender
d. Offender knows that his nominee or
appointee lacks the qualification at Note: This crime is committed by mere
the time he made the nomination or solicitation or making of indecent or
appointment. immoral advances .Mere proposal
consummates the crime.
ABUSES AGAINST CHASTITY
  A.U. BLUE NOTES

Proof of solicitation is not necessary when relative by affinity in the same line
there is sexual intercourse. as of the prisoner under the custody
of the offender who made the
Q: What is the essence of the crime indecent or immoral solicitation.
abuses against chastity?
A: the essence of the crime of the crime is The mother is not included so that
mere making of immoral or indecent any immoral or indecent solicitation
solicitation or advances upon the mother of the prisoner does
not give rise to this crime ,but the
Q: what are instances giving rise offemder may be prosecuted under
abuse of chastity may arise the section 28 of Republic act No
3019 (Anti graft and Corrupt
A: Practices Act)
a. The woman ,who is the offended
party is the party in interest in a case Q: if the jail warden forced
where the offended party is the himself against the will of the
investigator or he is required to woman prisoner .what is /are the
render a report or he is reuired to crimes committed.
consult with a superior officer
A: Rape is committed aside from
This does not include any casual or abuse against chastity .Abused
incidental interest .this refers to against chastity is not absorbed in
interest in the subject of the case the crime of rape because the basis
under investigation of penalizing the acts is different
It is immaterial whether the woman from each other
did
not agree or agreed to the Note: Anti Sexual harassment act
solicitation will be discussed under special law

71 TITLED EIGHT
CRIMES AGAINST PERSONS
This covers any public officer before CHAPTER ONE
whom matters are pending for DESTRUCTION OF LIFE
resolution or for which he is required
to submit a report or consult a PARRICIDE
superior officer (ART. 246)
b. The woman who is the offended Art. 246. Parricide. — Any person who
party the crime is a prisoner under shall kill his father, mother, or child,
the custody of a warden or the jailer whether legitimate or illegitimate, or any of
who is the offender. His crime cannot his ascendants, or descendants, or his
be committed if the warden is a spouse, shall be guilty of parricide and shall
woman and the prisoner is a be punished by the penalty of reclusion
man .Men have no chastity .only a perpetua to death.
lady can be a complainant here so
that a gay guard or warden who Q: What are the elements of this
makes immoral proposal or indecent crime?
advance to a male prisoner is not A:
liable under this law. a) A person is killed;
b) Deceased is killed by the accused;
Immoral or indecent advances c) Deceased is the:
contemplated here must be  father,
persistence it must be determined .  mother or
A mere joke would not suffice  child, whether legitimate or
illegitimate or,
c. The crime is committed upon a  a legitimate other ascendant or
female relative of a prisoner under other descendant, or
the custody of the offender ,where  Legitimate spouse, of the
woman is the daughter ,sister, or accused.
  A.U. BLUE NOTES

Note: Parricide of spouse proof of marriage. Q: Suppose a Muslim who has three
wives, killed the third, is he liable for
Illustration: parricide?
The relationship, except the spouse, must
be in the direct line and not in the collateral A: No, Muslim husbands with several wives
line. Hence if A, father of victim V, was can be convicted of parricide only in case
assisted by N, a nephew, in killing V, A is the first wife is killed. There is no parricide if
guilty of parricide while N committed the other wives are killed although their
murder (as the deceased was killed while marriage as valid.
sleeping) and not Parricide.
Ratio: A catholic man can commit the crime
Q: Must the relationship between only once. If a Muslim husband could
offender and the offended party be commit this crime
legitimate? more than once, in effect, he is being
A: Yes, except when the offender and the punished for the marriage which the law
offended party are related as parent and itself authorized him to contract.
child. Q: What are the cases of parricide
If the offender and the offended party, where the penalty of Reclusion
although related by blood and in the direct Perpetua to Death shall not be
line, are separated by an intervening imposed?
illegitimate relationship, parricide can no A:
longer be committed. a) Parricide through negligence (Art.
365).
The only legitimate relationship that can be b) Parricide through mistake (Art. 249)
bring about parricide is that between c) Parricide under exceptional
parents and illegitimate children the circumstances (Art. 247)
offender and the offended parties.
The presence of any of the qualifying Q: What is the essential element of the
circumstances in murder will be considered crime?
generic aggravating in parricide. A: Relationship of the offender with the
72 victim is the essential element of the crime.
Hence if a person wanted to kill a stranger
Note: The victim must not be less than 3 but by mistake killed his own father, he will
days old otherwise, the crime is infanticide. be held liable for parricide but Art. 49
willpply as regards the proper penalty to be
Q: Suppose a stranger conspires in the imposed.
commission of the crime of parricide,
what is his criminal liability? Note: The law does not require knowledge
of relationship, thus, a person who killed
A: The stranger is liable for homicide or another no knowing that the latter was his
murder, as the case may be, because of the son will still held be guilty of parricide.
absence of relationship. The rule of
conspiracy that the act of one is the act of Q: If a person killed his/her adopted
all does not apply here because of the child, would that constitute parricide?
personal relationship of the offender to the A: No, since relationship of the offender with
offended party. It is immaterial that he knew the victim is the essential element of this
of the relationship of the accused and the crime, killing an adopted child even if
deceased. adoption confers on the adopted child all
the rights and privileges of a legitimate child
Q: To constitute parricide of a spouse, could not be parricide. It’s either murder or
what must be established? homicide as the case maybe.

A: There must be valid subsisting marriage Q: A killed:

at the time of the killing. Also, the
information should allege the fact of such a) A woman with whom he lived without
valid marriage between the accused and the benefit of clergy,
victim. b) Their child who is only two days old,
  A.U. BLUE NOTES

c) Their daughter, and consented to the infidelity of the other

d) Their adopted son. spouse shall not be entitled to the
benefits of this article.
Q: What is the crime did a committed?
Q: What are the elements of art.247?
A: A committed the following crimes: A:
a) Homicide or murder as the case may a) A legally married person or a parent
be for the killing of his common-law surprises his spouse or his daughter,
wife who is not legally considered a the latter less than 18 years of age
"spouse" and living with him, in the act of
b) Infanticide for the killing of the child committing sexual intercourse with
as said child is less than 3 days old. another person.
(Art. 255, RPC) However, the penalty b) He or she kills any or both of them or
corresponding to parricide shall be inflicts upon any or both of them any
imposed since A is related to the serious physical injury in the act or
child within the degree defined in the immediately thereafter
crime of parricide. c) He has not promoted or facilitated
c) Parricide for the killing of their the prostitution of his wife or
daughter, whether legitimate or daughter or that he or she has not
illegitimate, as long as she is not less consented to the infidelity of the
than 3 days old at the time of the other spouse.
killing.
d) Murder for the killing of their adopted Q: What are the two stages
son as the relationship between A contemplated under Art. 247?
and the said son must be by blood in
order for parricide to arise. (1999 Bar A:
question) a) When the offender surprise the other
spouse with a paramour or mistress.
DEATH OR PHYSICAL INJURY
INFLICATED UNDER EXCEPTIONAL The attack must take place while the
CIRCUMSTANCES sexual intercourse is going on. If the
(Art. 247) surprise was before or after the
73 intercourse, no matter how
immediate it may be, Art. 247 do not
Art. 247. Death or physical injuries apply.
inflicted under exceptional
circumstances. — Any legally married b) When the offender kills or inflicts
person who having surprised his serious
spouse in the act of committing sexual
intercourse with another person, shall c) physical injury upon the other spouse
kill any of them or both of them in the and/or paramour while in the act of
act or immediately thereafter, or shall intercourse, or immediately
inflict upon them any serious physical thereafter, that is, after surprising.
injury, shall suffer the penalty of
destierro. Q: What is the nature of Art.147?
A: Art. 247 far from defining a felony is more
If he shall inflict upon them physical of exempting circumstances as the penalty
injuries of any other kind, he shall be is intended more for the protection of the
exempt from punishment. accused than a punishment. Put differently,
These rules shall be applicable, under it practically grants a privilege amounting to
the same circumstances, to parents an exemption for adequate punishment.
with respect to their daughters under
eighteen years of age, and their Q: What is meant by the phrase
seducer, while the daughters are living “immediately thereafter"?
with their parents.
Any person who shall promote or A: The phrase "immediately thereafter" has
facilitate the prostitution of his wife or been interpreted to mean that between the
daughter, or shall otherwise have surprising and the killing of the inflicting of
  A.U. BLUE NOTES

the physical injury, there should be no A: No, what is required is the killing is the
interruption or interval of time. In the other proximate result of outrage overwhelming
words, it must be the continuous process. the accused upon the discovery of the
infidelity of his spouse. The killing should
Q: What is meant by the phrase "in the have been actually motivated by the same
act of committing sexual intercourse"? blind impulse.

A: It means there must be actual sexual Q: If death result or the physical

intercourse. It does not include preparatory injuries are serious, what is the penalty
acts. imposed under art. 247?
A: The penalty of destierro is meted out on
Q: Is it necessary that the spouse the offender. The banishment is intended
actual saw the sexual intercourse? more for the protection of the offender
rather than a penalty.
A: No. It is not necessary that the spouse
actually saw the sexual intercourse being Q: When third persons are injured in
committed. It is enough that he/she the course of firing at the paramours,
surprised them under such circumstances will the offending spouse be free by
that no other from criminal liability?
reasonable conclusion can be inferred but A: No, inflicting death or physical injuries
that a carnal act was being performed or under exceptional circumstances is not
has just been committed. murder. The offender cannot therefore be
held liable for frustrated murder for the
The killing or infliction of physical injuries injuries suffered by third persons. It does
must be in the act of sexual intercourse or not mean, however, that the offender is
immediately thereafter. Thus, where the totally free from responsibility. The offender
accused surprise his wife and her paramour can be held liable for serious for serious
in the carnal act but when the latter ran physical injuries through simple imprudence
away, he first chased him an unable to or negligence.
catch up with him, returned to his wife
whom he found at the stairs of their house,  The benefits of Art.247 apply also to
no longer in the place where he saw her parents who shall surprise their
having sex with the paramour and killed daughter below 18 years of age in
her, he can avail of Art.247. actual sexual intercourse while
"living with them".
74  The sexual act is between the
Illustration: daughter and seducer.
 The parents cannot invoke this
A bar examinee, who killed the paramour of provision if, in a way, they have
his wife in a mah-jong session, an hour after encouraged the prostitution of the
he had surprised them in the act of sexual daughter.
intercourse in his house, since at that time,  The parents need not be legitimate.
he had to run away and get a gun as the  This Article does not define a crime.
paramour was armed, has granted the It provides for a defense, which the
benefits of this article.(people vs. Abarca, accused must prove.
153 SCRA 735)
Q. What is the meaning of the phrase
Q: What is the rationale for Art.247? "living with them"?
A: The law affords protection to a spouse
who is considered to have acted in a A: The phrase "living with them" is
justified outburst of passion or a state of understood to be in their own dwelling,
mental disequilibrium. The offended spouse because of the embarrassment and
has no time to regain his self-control. humiliation done not only to the parent but
also to the parental abode, if it was done in
Q: Under art. 247, is it required that a motel, the article does not apply.
the victim is to be killed instantly by
the accused after surprising his spouse Q: A and B are husband and wife. A is
in the act of intercourse? employed as a security guard at
  A.U. BLUE NOTES

Landmark, his shift being from 11:00 guilty of murder and shall be punished
p.m. to 7:00 a.m. One night, he felt by reclusion temporal in its maximum
sick and cold, hence, he decided to go period to death, if committed with any
home around midnight after getting of the following attendant
permission from his duty circumstances:
1) With treachery, taking
officer. Upon reaching the front yard of advantage of superior strength,
his home, he notice that the light in with the aid of armed men, or
the master bedroom was on and that employing means to weaken the
the bedroom window was open. defense or of means or persons
Approaching the front door, he was to insure or afford impunity.
surprised to hear sighs giggles inside 2) In consideration of a price,
the bedroom. He opened the door very reward, or promise.
carefully and peeped inside were he 3) By means of inundation, fire,
saw his wife B having sexual poison, explosion, shipwreck,
intercourse with their neighbor C. A stranding of a vessel, derailment
rushed inside and grabbed C but the or assault upon a street car or
latter managed to wrest himself free locomotive, fall of an airship, by
and jump out of the window. A followed means of motor vehicles, or with
suit and managed to catch C again and the use of any other means
after a furious struggle, managed also involving great waste and ruin.
struggle him to death. A then rushed
back to his bedroom where his wife B 4) On occasion of any of the
was cowering under the bed covers. calamities enumerated in the
Still enraged , A hit B with fist blows preceding paragraph, or of an
and rendered her unconscious. The earthquake, eruption of a
police arrived after being summoned volcano, destructive cyclone,
by their neighbors and arrested A who epidemic or other public
has detained, inquested and charge for calamity.
the death of C and serious physical 5) With evident premeditation.
injuries of B. 6) With cruelty, by deliberately and
inhumanly augmenting the
a. Is a liable for C's death? Why? suffering of the victim, or
b. Is a liable for B's injuries? Why? outraging or scoffing at his
A: Yes, A is liable for C's death but under the person or corpse.
exceptional circumstances in Art. 247 of the
Q: What are the elements of murder?
75 A:
Revised Penal Code, where only destierro is a) That the person was killed.
prescribed Art 247 governs since A b) That the accused killed him;
surprised his wife B in the act of having c) That the killing was attended by any
sexual intercourse with C, and the killing of of the qualifying circumstances
C was "immediately thereafter" as the mentioned in Art. 248; and
discovery, escape, pursuit and killing of C d) That the killing is not parricide or
from one continuous act (U. S. vs. Vargas, 2 infanticide.
Phil. 194)
Q: What is Murder?
Likewise, A is liable for serious physical
injuries he inflicted on his wife B but under A: Murder is the unlawful killing of any
the same exceptional circumstances in Art. person which is not parricide or infanticide,
247 of the revised penal code, for the same provided that any of the following
reason (2001 BAR QUESTION) circumstances is present.

MURDER (ART. 248) Q: When is there treachery?

A: There is treachery when the offender
Art. 248. Murder. — Any person who, commits any of the crime against person
not falling within the provisions of employing means, methods or form of the
Article 246 shall kill another shall be execution thereof that tend directly and
  A.U. BLUE NOTES

specially to ensure its execution without risk 3. By means of inundation, fire, poison,
to himself arising from the defense which explosion, shipwreck, stranding of a
the offended party might make. vessel, derailment or assault upon a
railroad fall of an airship by of motor
Note: Treachery is inherent in poison. vehicles or with the use of any other
Abuse of superior strength is inherent in and means involving great waste and
comprehended by treachery. ruin;

Illustration: Q: What is the crime committed if a

Killing of a child of t5ender age is murder person is killed by fire?
qualified by treachery because the
weakness of the child due to his tender age A: The primordial criminal inter of the
results in the absence of danger to the offender is considered.
aggressor.
1. Murder- if the primordial criminal
Q: What is the essence of treachery? inter of the offender is to kill and fire
A: The essence of treachery is the offended was only used as a means to do so.
party is denied of the chance to defend 2. Arson with homicide- if the
himself because of the means, methods, primordial criminal intent of the
form in executing the crime deliberately offender is to destroy property with
adopted by the offender. This is true even if the use of pyrotechnics and
there is no intent to crime. incidentally, somebody within the
premises is killed.
Note: While the circumstances of “by a
band" is not among those enumerate that Note: Arson with murder is not a complex
could qualify killing to murder, it would crime under art. 48. This is single invisible
seem that if the killer constituted a band, crime penalize under art. 326 , which is
the crime is murder because the death as a consequence of arson.
circumstances of “with aid of armed men "
is included in the qualifying circumstances. 3) Arson- if the intent is to burn a
house but is just so happens that
These circumstances however must be there is somebody inside.
alleged in 4) Homicide- if the burning is
the information otherwise they will be resorted to as a joke but death
considered resulted.
only as ordinary aggravating to the crime of 5) Two separate of homicide and
Homicide. arson- if fire is use to conceal the
76 killing of the victims.

Illustration: Illustration:
When victims are children of tender age,
age five, six or seven, killing is always To qualify killing of murder by means of
murder qualified by treachery or abused or inundation, fire, poison, explosion,
superior strength. (People vs. Caritativo, shipwreck etc. the offender purpose and
256 SCRA 1) design must be to kill the victim in
2) In consideration of a price, reward or employing the various modes. Thus, A and B
promise;For reward and promise to to enhance further merriment, poured gas
be considered, the same must be the on the cloth of a mental retardate who
primary consideration in the continued dancing while his cloth is on the
commission of the crime of felony. fire to the delight of the crowd gathered, are
not guilty of murder if the mental retardate
If these aggravating circumstances died of third degree burns because the fire
are present in the commission of the was employed not to kill the victim, (People
crime, it affects not only the person vs. Pugay, G.R. No. 74314, November 17,
who received the money or the 1988)
reward but also the person who gave
it. 4. On occasion of any of the calamities
enumerated in the preceding
  A.U. BLUE NOTES

paragraph, or of an earthquake or decrying the wounds were

eruption of a volcano destructive corpse of the victim inflicted and,
cyclone, epidemic or any other public will qualify the therefore, must be
calamity. killing to murder. evidence to that
effect.
The offender must have taken
advantage of the sane, and the Q: Can murder be committed even if at
resultant condition. the beginning the offender has no
intention to kill the victim?
5. with evident premeditation; A: Yes, although generally, murder can only
be committed if at the outset, the offender
For evident premeditation of qualify has intent to kill because the qualifying
killing to Murder, there must be circumstances must be resorted to with a
proof, as clear as the evidence of the view of killing the offended party.
crime itself of the following However, if the offender may have not
elements: (a) the time when the intended to kill the victim but he only
offender determined to commit the wanted to commit a crime against him in
crime; (b) an act of manifestly the beginning, he will still be liable for
indicating that the offender clung to murder if in the manner of committing the
his or her determination; and (c) a felony there was treachery and as a
lapse of time between the consequence thereof the victim died.
determination and the execution,
sufficient to allow the offender to Ratio: This is based on the rule that a
reflect upon the consequences of his person committing a felony shall be liable
act. for the consequences thereof although
different from that which he intended.
6. With cruelty, by deliberately and
inhumanly augmenting the suffering Note: One attendant circumstance is
of the victim, or outraging or scoffing enough to qualify the crimes as murder and
at his person or corpse. any other will be considered as generic
aggravating.
Cruelty includes the situation where
the victim is already dead and yet, To be considered qualifying, the particular
acts were committed which would circumstance must be alleged in the
decry or scoff the corpse of the information. Otherwise, they will only be
victim. The crime becomes murder. considered as generic aggravating
circumstance.
There is no cruelty if the act is the
result Q: When the qualifying circumstances
were not those proved in the trail, can
77 the accused be convicted of murder?
of an impulse of passion or extreme A: No, any of the qualifying circumstances
obfuscation as such will be under art. 248 is an ingredient of murder,
inconsistent with the concept of not merely qualifying circumstances. The
deliberateness in augmenting the circumstances must be both alleged and
suffering the of victim. proved in the trail, otherwise, they cannot
be considered because the right of the
Q: What is the difference of cruelty as accused to be informed of the charge
qualifying circumstances of murder against him will be violated.
(Art. 248) cruelty as a generic
aggravating circumstance under art. Q: A, a 76-years old woman, was
14? brought to the hospital in a coma with
A: slight cerebral hemorrhage. An
Cruelty under Cruelty under art endotracheal tube was inserted in her
248 14 mouth to facilitate her breathing. B. a
Aside from cruelty, Requires that the hospital janitor, who had no business
any act that would victim be alive, in the emergency room, for reasons
amount to scoffing when the cruel known only to himself, removed the
  A.U. BLUE NOTES

plaster was replaced. But when the murder, or by that of parricide or

doctor was gone, B came back and infanticide.
removed the tube. The victim started
to convulse and bleed in the mouth. Note: Intent to kill is conclusively presumed
Only the timely arrival if the nurse when death resulted and hence, need to be
prevented the patient's death. The established.
patient was then transferred to
another hospital where she died the Evidence of intent to kill is important only in
next day of cardiorespiratory arrest. Is attempted or frustrated homicide.
b criminally liable? If you believed so,
what crime was committed by B, if Physical injuries included as one of the
any? essential elements of the frustrated
A: Yes, B is criminally liable for murder homicide.
(qualified by treachery) because the death
of A appears to be the proximate cause of Q: Is there a crime of frustrated
the overt acts of B. homicide through reckless
imprudence?
Q: A died of cardiorespiratory arrest
which evidently was brought about by A: None because intent is inherent in
the convulsion and bleeding in the frustrated or attempted homicide.
mouth of the victim due to the removal
by B of the endoctracheal tube twice. Note: The penalty shall be one degree
Can the two acts of B can be higher than the imposed by law when the
considered as the result of one criminal victim is less than 12 years of age.
design?
A: In people vs. umaging. 17 SCRA 166, the Illustration:
Supreme Court ruled that removal of the
endothracheal tube is attempted murder When there is an agreement to fight
qualified by treachery because the patient between the
did not died. (1991 BAR QUESTION)
65
Homicide (Art. 249) accused and the deceased, the killing will
always be categorized as homicide, as
Art. 249. Homicide. — Any person who, treachery cannot exist in that scenario.
not falling within the provisions of
Article 246, shall kill another without If a boxer killed his opponent in the boxing
the attendance of any of the bout duly licensed by the government
circumstances enumerated in the next without any violation of the governing rules
preceding article, shall be deemed and regulation, there is no Homicide to
guilty of homicide and be punished by speak of. If he hit his opponent below the
reclusion temporal. belt without any intention to do so, it is
Homicide through Reckless Imprudence if
Q: What is homicide? the latter died as a result. If he intentionally
A: Homicide is the unlawful killing of any hit his opponent on the part of his body
person, which is neither parricide murder causing the death, the crime is homicide.
nor infanticide.
78 Illustration:
The shooting of a peace officer who was
Q: What are the elements of homicide? fully aware of the risks in pursuing the
A: malefactors when done in a spur of the
a) A person was killed; moment is only Homicide. (People vs.
b) Accused killed him without any Porras, 255 SCRA 514)
justifying circumstance;
c. Accused had the intention to kill, Q: What are the distinctions between
which is presumed; homicide and physical injuries?
d. Killing was not attended by any of A:
the qualifying circumstances of Homicide Physical injuries
In attempted or There is no intent
  A.U. BLUE NOTES

frustrated homicide to kill if as a result identified, such person or persons shall

there is intent to kill of physical injuries be punished by prision mayor.
inflicted ,the victim
died ,the crime will If it cannot be determined who inflicted
be homicide the serious physical injuries on the
deceased, the penalty of prision
correccional in its medium and
Q: If mortal wounds are inflicted but maximum periods shall be imposed
those were due to negligence is upon all those who shall have used
frustrated committed? violence upon the person of the victim.
A: No the crime commented is serious
physical injuries thru reckless imprudence Q: What is tumultuous affray?
because the element of intent to kill in A: Tumultuous affray simply means a
frustrated homicide is incompatible with commotion in a tumultuous and confused
negligence or imprudence. manner, to such as existent that it would
possible to identify who the killer is if death
Q: Suppose several assailants not results, or who inflicted the serious physical
acting in conspiracy inflicted wounds injury, but the person or persons who used
on the victim, but it cannot be violence are not known.
determined who inflicted which wound Note: The participants must be more than
which caused the death of the victim three considering the definition of
who should be guilty for the crime of "tumultuous" under art. 153, third
homicide? paragraph, that the disturbance or
A: All of them are liable. interruption shall be deemed to be
tumultuous if caused by more than 3
Q: If homicide or murder is committed persons who are armed and provided by
with the use of an unlicensed firearm, means of violence.
how should the crime be denominated?
A: The crime would only be homicide or Q: What are the elements of this
murder as the case may be, only one crime?
offense is punished, the use of an A:
unlicensed firearm is only considered as 1. There are several persons.
aggravating circumstances. 2. They did not compose group
organized for the common purposed
Q: What is accidental homicide? of resulting and attacking each other
reciprocally and assaulted one
A: Accidental homicide is death of a person another in a confused and
brought about by a lawful act performed tumultuous manner.
with proper care and skill, and without 3. Someone was killed in the course of
homicidal intent. the affray.
4. If cannot be ascertained who actually
DEATH CAUSED killed the deceased.
IN A TUMULTUOUS AFFRAY (Art. 251) 5. Person or persons who inflicted
Art. 251. Death caused in a tumultuous serious physical injuries or who used
affray. — When, while several persons, violence can be identified.
not
Note: The article does not apply if there is a
79 concerted fight between two organized
composing groups organized for the groups.
common purpose of assaulting and
attacking each other reciprocally, This is what is known in local dialects as
quarrel and assault each other in a "labo-labo". There riots in city jails and /or
confused and tumultuous manner, and muntinlupa brigades do not fall under this
in the course of the affray someone is article because the participants are member
killed, and it cannot be ascertained of different gangs.
who actually killed the deceased, but
the person or persons who inflicted If there is a conspiracy, this crime is not
serious physical injuries can be committed.
  A.U. BLUE NOTES

Q: What brings about the crime of Q: Who may be liable for the death or
tumultuous affray? physical in tumultuous affray?
A: It is the inability to ascertain actual A:
perpetrator not a tumultuous affray which a. The persons who inflicted serious
about the crime. It is necessary that the physical injury upon the victim.
very person who caused the dearth cannot b. If they could not be known, then
be known not that he cannot be identified. anyone one who may have employed
violence on that person will answer
Q: What is the crime committed if the for his death.
person who caused the death is known c. If nobody still be traced to have
but he cannot be identified? employed violence upon the victim,
A: If he is known but only his identify is not nobody will answer. The crimes
known, he will be charged for the crime of committed might be disturbance of
homicide or murder under a fictitious name public order, or if participants are
and not death in a tumultuous affray. armed, it could be tumultuous
disturbance, or if property was
Q: If the quarrel or rumble involving destroyed, it could be malicious
organized groups resulted in the death mischief.
of a person and it cannot be identified
who in particular committed the killing, Physical Injuries Inflicted In a
what is the crime committed? Tumultuous Affray (Art .252)
A: The crime would be homicide or murder;
there will be collective responsibility on both Q: What are the Elements of this
sides. crime?
A:
Q: Who may be a victim under Art. a. There is a tumultuous affray as
251? referred to in the preceding article;
A: The victim may be participant in the b. physical injuries of a less serious
affray or a mere passerby. nature only;
c. Person responsible therefore cannot
Illustration: be identified ;
As long as it cannot be determined who d. All those who appear to have used
killed the victim, all of those persons who violence upon the person of the
inflicted serious physical injuries will be offended party are known.
collectively answerable for the death of the
fellow. Q: What kind of injury is contemplated
in the crime of physical injuries in a
If those who inflicted the serious physical tumultuous affray?
injuries cannot be ascertained too, then A: The physical injury should be serious or
those who shall have used violence upon less serious and resulting from a tumultuous
the deceased shall be punished by prison affray. If the physical injury sustained is only
correctional in its medium and maximum slight, this considered as inherent in a
periods. Even if participants only kicked the tumultuous affray.
accused, he would be held liable for the
death of the victim although such act Q: Who may be the victim under Art.
cannot result in the death of the victim as 252?
those who inflicted serious physical injuries A: The victim must be participant in the
are undeterminable. affray.
80
Q: Who may be liable?
If those who actually killed the victim can be A: Only those who used violence are
determined, they will be the ones to be held because if the one who caused the physical
liable, and those who inflicted serious or injuries is known, he will be liable for the
less serious or slight physical injuries shall physical injuries actually committed and not
be punished for said corresponding offenses under his article.
provided no conspiracy is establish with the
killers.
  A.U. BLUE NOTES

GIVING ASSISTANCE TO SUICIDE (ART. but not of giving assistance to suicide

253) because the assistance must be given to
one who is really determined to commit
Art. 253. Giving assistance to suicide. suicide.
— Any person who shall assist another
to commit suicide shall suffer the Q: What is the penalty if the person
penalty of prision mayor; if such from whom the assistance is sought
person leads his assistance to another did the killing himself?
to the extent of doing the killing A: The penalty is reclusion temporal similar
himself, he shall suffer the penalty of to that of homicide
reclusion temporal. However, if the
suicide is not consummated, the Illustration
penalty of arresto mayor in its
mediumand maximum periods, shall be Thus one who upon a plea of his friend to
imposed. pull the trigger of the gun which he himself
poked on the temple as he could no longer
Q: What are the punishable acts? bear the pain due to a brain cancer
A: squeezed the said trigger causing the death
a. Assisting another to commit suicide of his long suffering friend is liable under
is committed, whether the suicide is this article.
consummated or not.
b. Lending assistance to another to Even if the suicide did not materialized the
commit suicide to extent of doing the person giving assistance to suicide is also
killing himself. liable but the penalty shall be one or two
degrees lower depending on whether it is
Note: In this crime, the intention must be frustrated or attempted suicide.
for the person who is asking the assistance
of another to commit suicide. Q: What is the difference between
giving assistance to suicide and mercy
Penalty of the one giving assistance is killing or euthanasia?
mitigated if suicide is not successful. A:
Giving assistance Mercy killing or
Q: What is the meaning of "giving to suicide euthanasia
assistance to suicide"? The principal actor The victim is not in
67 is the person position to commit
A: Giving assistance to suicide means committing the suicide whoever
giving means (arms, poison, etc.) or suicide would heed his
whatever manner of positive and direct advice is not really
cooperation (intellectual aid, suggestion giving assistance to
regarding the mode of committing suicide, suicide but doing
etc.) the killing himself

Q: Suppose the intention is not to Note: In both the intention to end the life
commit suicide, as when he just comes from the victim himself .the victim
wanted to have a picture taken of him must presently induce the offender to end
to impress upon the world that he is his life
committing a suicide because he is not
satisfied with the government, what DISCHARGED OF FIREARM (Art 254)
crime is committed by the person Art. 254. Discharge of firearms. — Any
giving assistance to facilitate the said person who shall shoot at another with
act. any firearm shall suffer the penalty of
A: The crime is inciting to sedition the prision correccional in its minimum and
person giving the assistance becomes a co- medium periods, unless the facts of the
conspirator in the crime of inciting to case are such that the act can be held
sedition to constitute frustrated or attempted
parricide, murder, homicide or any
81 other crime for which a higher penalty
  A.U. BLUE NOTES

is prescribed by any of the articles of

this Code. INFANTICIDE (Art 255)
82
Q: What are the elements of this
Crime? Art. 255. Infanticide. — The penalty
A: provided for parricide in Article 246
a. Offender discharges the firearm and for murder in Article 248 shall be
against or at another person imposed upon any person who shall kill
b. Offender has no intention to kill any child less than three days of age.
that person. If the crime penalized in this article be
committed
Q: Can the crime of illegal discharge be
committed thru imprudence? 68
A: Because it requires that the discharge by the mother of the child for the
must be directed at another. purpose of concealing her dishonor,
she shall suffer the penalty of prision
Q: What is the purpose of the offender correccional in its medium and
under this article? maximum periods, and if said crime be
A: The purpose of the offender is to merely committed for the same purpose by the
frighten or intimidate the offended party. maternal grandparents or either of
Q: If the firearm is directed at a person them, the penalty shall be prision
and the trigger was pressed but did mayor.
not fire. What crime is committed?
A: The crime is frustrated discharge of Q: What is infanticide?
discharge. A: It is the killing of any child less than 3
days or 72 hours of age ,whether the killer is
Q: If serious or less serious physical the parent or grandparent any other relative
injuries resulted from the .or a stranger.
discharge .what crime is committed. Note: If the killer is the mother or the father
A: or legitimate grandparents, although the
crime is still infanticide and not Parricide,
Q: Supposed only slight physical the penalty however, is that of parricide
injuries resulted from the discharge,
what crime is/are committed? Q: What are the elements of
There should be no intent to kill infanticide?
A:
Illustration a. A child was killed by the accused
Firing a gun at a person even if merely to b. Deceased child was less than 72
frighten him to constitutes illegal discharge hours old
of firearm. c. Accused killed the said child

If the firearm is not discharged at a person, Note: This is crime based on the age of the
the act is not punished under this article. victim .the victim should be less than three
days old .
Q: Is the discharge towards the house
of the victim a discharge of firearm. Q: Is concealment of dishonor is an
A: A discharge towards the house of elements of infanticide?
the victims is not discharge of a A: No, it is not an element of infanticide .it
firearm. Firing a gun at the house of merely lower the penalty
the offended party .not knowing in Only the mother and maternal grandparents
what part of the house the people were of the child are not entitled to the mitigating
,is only alarm under Art(155) circumstance of concealing dishonor.
Note: Applicable to police officers in
the performance of their duties Other person who kills or who cooperates
If the firearm is unlicensed, the crime with the mother or maternal grandparent in
of illegal possession of firearm is killing a child less than 3 days old will suffer
absorbed and the offender cannot be the penalty of murder.
separately for that offense.
  A.U. BLUE NOTES

Q: What are the distinctions between Q: In what ways the crime of

infanticide and parricide if the offender intentional abortion may be
is the blood relative, e.g. parent, of the committed?
child? A:
A: a. Using any violence upon the person
infanticide Parricide of the pregnant woman.
The age of the If done in
victim is less than conspiracy with a 83
three days old. stranger, both the b. By administering drugs or beverages
The victim is parent and the co- upon such pregnant woman without
three days old or conspirator are her consent.
above. liable for c. By administering drugs or beverages,
infanticide. with the consent of the pregnant
The co-conspirator The co-conspirator woman.
is liable for is liable for murder Q: Who are the elements of intentional
infanticide because because of the Abortion?
the age of the child absence of A:
will prevail relationship. a. .There is a pregnant woman;
Concealment of Concealment of b. Violence is exerted, or drugs or
dishonour in killing dishonour in killing beverages administered, or that the
the child is the child is not a accused otherwise acts upon such
mitigating. mitigating pregnant woman;
circumstance. c. As a result of the use of violence or
drugs or beverages upon her, or any
Note: In both, there is intent to kill the other act of the accused, the fetus
child. dies, either in the womb or after
having been expelled there from;
Q: Suppose the child is abandoned d. Abortion is intended.
without any intent to kill and death
results as a consequence, what crime Q: Who are the persons liable in
is committed? Intentional Abortion?
A: The crime committed is abandonment not A:
infanticide. a. The person who intentionally caused
abortion under Art. 256;
INTENTIONAL ABORTION (Art. 256) b. The pregnant woman if she
consented under Art. 258.
Art. 256. Intentional abortion. — Any
person who shall intentionally cause an Note: Abortion is not a crime against the
abortion shall suffer: woman but against the fetus.
69
1. The penalty of reclusion temporal, if Offender must know of the pregnancy
he shall use any violence upon the because the particular criminal intention is
person of the pregnant woman. to cause an abortion.
2. The penalty of prision mayor if,
without using violence, he shall act Q: Who may be held liable under this
without the consent of the woman. article?
3. The penalty of prision correccional in A: The one liable under this article is the
its medium and maximum periods, if person who intentionally caused the
the woman shall have consented. abortion. The woman is liable under Art. 258
(Abortion) if she consented to the abortion
Q: What is abortion? caused on her.
A: Abortion is the willful killing of the fetus in
the uterus, or the violent expulsion of the Q: What determines personality?
fetus from the maternal womb which results A: Under the Article 40 of the Civil Code,
in the death of the fetus. birth determines personality. A person is
considered born at the time when the
umbilical cord is cut. He then acquires a
personality separate from the mother.
  A.U. BLUE NOTES

Q: Suppose the mother as consequence

But even though the umbilical cord has of abortion suffers death or physical
been cut, Article 41 of the Civil Code injuries, what crime is committed?
provides that if the fetus had an intra- A: The crime is complex crime of murder or
uterine life of less than seven months, it physical injuries with abortion.
must survive at least 24 hours after the
umbilical cord is cut for it to be considered Q: If despite the employment of
born. sufficient and

As long as the fetus dies as a result of the 84

violence used or drugs administered, the adequate means to effect abortion, the
crime of abortion exist even if the fetus is fetus that is expelled from the
over or less than 6 months, or is full term. mother’s womb is viable but an unable
to sustain life outside the maternal
If the fetus could sustain an independent womb, what crime is committed?
life, the fetus must have an intrauterine life A: The crime is frustrated abortion, because
of not less than 7 months, after its abortion is consummated only if the fetus is
separation from the maternal womb, and it dead.
is killed, the crime is infanticide and not Q: Suppose the expelled viable fetus could
abortion. sustain an independent life from the
mother’s womb, what crime is committed?
Q: Should the fetus die to consummate
abortion? A: The crime is already infanticide.

A: Yes, fetus must die in consummated Q: Suppose the means employed in

abortion. If it is intentional abortion and the abortion are inadequate or insufficient,
fetus does not die, it is frustrated intentional what is the crime committed?
abortion when all the acts of execution have A: The crime would be an impossible crime
been performed by the offender. of abortion.
If the abortion is not intended and the fetus
does not die, is spite of the violence UNINTENTIONAL ABORTION (Art. 257)
intentionally exerted, the crime may only be Art. 257. Unintentional abortion. — The
physical injuries. There is no crime of penalty of prision correccional in its
frustrated unintentional abortion in view of minimum and medium period shall be
the lack of intention to cause an abortion. imposed upon any person who shall
cause an abortion by violence, but
Q: What is the difference between unintentionally.
abortion and infanticide?
A: Q: What are the elements of
abortion Infanticide unintentional abortion?
The victim is not The victim is A:
viable but remains already a person a. There is a pregnant woman;
to be a fetus. less than 3 days old b. Violence is used upon such pregnant
or 72 hours and is woman without intending an
viable or capable of abortion;
living separately c. Violence is intentionally exerted;
from the mother’s d. As a result of the violence the fetus
womb. dies, either in the womb or after
No mitigation for The mother and having been expelled there from.
parents of pregnant maternal
woman even if the grandparents of the Illustration:
purpose is to child are entitled to Unintentional abortion requires physical
conceal dishonor. the mitigating violence inflicted deliberately and
circumstance of voluntarily by a third person upon the
concealing the person of the pregnant woman. Hence, if A
dishonor. pointed a gun at a pregnant lady who
became so frightened, causing her abortion,
he is not liable for Unintentional Abortion as
  A.U. BLUE NOTES

there was no violence exerted if he intended A: No. What is contemplated in

the abortion however, his crime in unintentional abortion is that the force or
Intentional Abortion. violence must come from another. In this
The force or violence must come from case, where the woman tried to commit
another. suicide, suicide attempt is not a felony
under the RPC.
Mere intimidation is not enough unless the
degree of intimidation already approximates Q: Suppose, the pregnant woman
violence. employed violence to her specifically
calculated to bring about abortion,
Q: Is the crime of unintentional what crime was committed by her?
abortion committed if the pregnant A: The woman is liable for intentional
woman aborted because of abortion.
intimidation? Q: If the abortive drug used in abortion
A: No, the crime committed is not is a
unintentional abortion because there is no
violence; the crime committed is light 85
threats. prohibited drug or regulated drug
under R.A. 9165 or the Dangerous
Q: Suppose a quarrel ensued between Drugs Act, what are the crimes
a husband and a wife who was committed?
pregnant at the time. Violence was
resorted to by the husband and as a A: The crimes committed are:
result, the wife had an abortion and
died, what is the crime committed? a. Intentional abortion; and
A: The crime committed is the complex b. Violation of RA 9165
crime of parricide with unintentional
abortion. ABORTION PRACTICED BY THE WOMAN
HERSELF OR BY HER PARENTS (Art.
Q: Suppose a quarrel ensued between 258)
two women, X and Y who was then two
months on the family way. X has no Art. 258. Abortion practiced by the
knowledge that Y is pregnant ad being woman herself of by her parents. —
a sports buff that she is, gave Y a hard The penalty of prision correccional in
blow on the stomach. As a result, Y has its medium and maximum periods shall
an abortion. Is X liable for be imposed upon a woman who shall
unintentional abortion despite her lack practice abortion upon herself or shall
of knowledge of Y’s pregnancy? consent that any other person should
A: Yes, X is still liable for unintentional do so.
abortion despite the fact that she had no
knowledge of Y’s pregnancy. Any woman who shall commit this
Ratio: Under Article 4, paragraph 1 of the offense to conceal her dishonor, shall
RPC, any person committing a felony is suffer the penalty of prision
criminally liable for all the direct, natural, correccional in its minimum and
and logical consequences of his felonious medium periods.
acts although it may be different from that
which is intended. The act of employing If this crime be committed by the
violence or physical force upon the woman parents of the pregnant woman or
is already a felony. It is not material if either of them, and they act with the
offender knew about the woman being consent of said woman for the purpose
pregnant or not. of concealing her dishonor, the
offenders shall suffer the penalty of
Q: Suppose a pregnant woman decided prision correccional in its medium and
to commit suicide. She jumped out of a maximum periods.
window of a building but she landed on
a passerby. She did not die but an Q: What are the elements of this
abortion followed. Is she liable for crime?
unintentional abortion? A:
  A.U. BLUE NOTES

a. There is a pregnant woman who has prescription from a physician. It is not

suffered an abortion; necessary that the abortive was actually
b. Abortion is intended; used.
c. Abortion is caused by – It is immaterial that the pharmacist knows
c.1. The pregnant woman herself; that the abortive would be used for
c.2. Any other person, with her abortion. Otherwise, he shall be liable as an
consent for the purpose of accomplice should abortion result from the
concealing her dishonor. use thereof.

Note: The liability of pregnant woman is Q: Suppose the abortion is produced by

mitigated purpose is to conceal dishonor. a physician to save the life of the
However, there is no mitigation for the mother, is the physician liable for
parents of the pregnant women even if their aborti0non under Art. 259?
purpose is to conceal their daughter’s
dishonor unlike in infanticide. A: No, the physician is not liable for abortion
under Art. 259. This is known as a
ABORTION PRACTICED BY A PHYSICIAN therapeutic abortion. In this case, there is a
OR MIDWIFE AND DISPENSING OF medical necessity which would warrant
ABORTIVES (Art. 259) abortion.

Art. 259. Abortion practiced by a 86

physician or midwife and dispensing of Simply put, there must be no other practical
abortives. — The penalties provided in or less harmful means of saving the life of
Article 256 shall be imposed in its the mother to make the abortion justified.
maximum period, respectively, upon
any physician or midwife who, taking Q: Suppose the abortion is performed
advantage of their scientific knowledge by a physician without medical
or skill, shall cause an abortion or necessity to warrant such abortion and
assist in causing the same. the woman or her husband consented,
Any pharmacist who, without the is the physician liable for abortion
proper prescription from a physician, under Art. 259?
shall dispense any abortive shall suffer A: Yes, the physician remains liable for
arresto mayor and a fine not exceeding abortion. The consent of the woman or her
1,000 pesos. husband is not enough to justify abortion.
Q: What are the elements of this
crime? (as to Physician or Midwife) RESPONSIBILITY OF PARTICIPANTS IN A
A: DUEL (Art. 260)
a. There is a pregnant woman who has
suffered an abortion; Art. 260. Responsibility of participants
b. Abortion is intended; in a duel. — The penalty of reclusion
c. Offender, who must be a physician or temporal shall be imposed upon any
midwife, causes, or assists in causing person who shall kill his adversary in a
the abortion; duel.
71
d. Said physician or midwife takes If he shall inflict upon the latter
advantage of his or her scientific physical injuries only, he shall suffer
knowledge or skill. the penalty provided therefore,
according to their nature.
Q: What are the elements of this
crime? (as to pharmacist) In any other case, the combatants
A: shall suffer the penalty of arresto
a) Offender is a pharmacist; mayor, although no physical injuries
b) There is no proper prescription from have been inflicted.
physician; The seconds shall in all events be
c) Offender dispenses any abortive. punished as accomplices.

As to pharmacist, crime is consummated by Q: What is a duel?

dispensing abortive without proper
  A.U. BLUE NOTES

A: Duel is a formal or regular combat having refused to accept a challenge to

previously consented between two parties in fight a duel.
the presence of two or more seconds of Q: What are the punishable acts?
lawful age on each side, who make the
selection of arms and fix all the other A:
conditions of the fight to settle some a) Challenging another to a duel.
antecedent quarrel. b) Inciting another to give or accept a
challenge to a duel.
Q: What are the punishable acts? c) Scoffing at or decrying another
A: publicly for having refused to accept
a) Killing one’s adversary in a duet. a challenge to fight a duel.
b) Inflicting upon such adversary 72
physical injuries.
c) Making a combat although no Note: The punishable act is to a duel not
physical injuries have been inflicted. challenge to a duel not challenge to a fight.
If it is only challenge to a fight, the crime
Q: Who are the persons liable? could be Light Threats under Act. 285 (2).
A:
Q: Who are the persons liable?
a) The person who killed or inflicted A:
physical injuries upon his adversary, 1) Challenger, and
or both combatants in any other 2) Instigators.
case, as principals.
b) The seconds, as accomplices. CHAPTER TWO: 87
Illustration: PHYSICAL INJURIES
A mere fight as result of an agreement is
not necessarily a duel because a duel MUTILATION (Art. 262)
“implies an agreement to fight under
determined conditions and with the Art. 262. Mutilation. — The penalty of
participation and intervention of seconds, reclusion temporal to reclusion
who fix such conditions.” perpetua shall be imposed upon any
person who shall intentionally mutilate
If the fight is not a duel as defined under another by depriving him, either totally
Art. 260, the resulting death or injury is as or partially, or some essential organ of
homicide, murder or physical injuries, as the reproduction.
case may be. Any other intentional mutilation shall
be punished by prision mayor in its
If the accused and the deceased, after a medium and maximum periods.
verbal heated argument in a bar, left the
place at the same time and pursuant to Q: What is mutilation?
their agreement, went to the plaza to fight A: Mutilation is the lopping or the clipping
each other to death with knives which they off of some part of the body which is not
bought on the way, the facts do not susceptible to growth again.
constitute the crime of dueling since there
were no seconds who fixed the conditions of Q: What are the kinds of mutilation?
the fight in a more or less formal manner. If A:
one is killed, the crime committed would be 1. Intentionally mutilating another by
Homicide. depriving him, either totally or partially,
of some essential organ for
CHALLENGING TO A DUEL (ART. 261) reproduction.
Art. 261. Challenging to a duel. — The
penalty of prision correccional in its Elements:
minimum period shall be imposed upon
any person who shall challenge a. There be a castration, that is
another, or incite another to give or mutilation of organs necessary for
accept a challenge to a duel, or shall generation, such as the penis or
scoff at or decry another publicly for ovarium;
  A.U. BLUE NOTES

b. The mutilation is caused purposely injuries inflicted, the person

and deliberately, that is, to deprive injured shall have lost the use of
the offended party of some essential speech or the power to hear or
organ for reproduction. to smell, or shall have lost an
eye, a hand, a foot, an arm, or a
2. Intentionally making other mutilation, leg or shall have lost the use of
that is, by lopping or clipping off any part of any such member, or shall have
the body of the offended party, other than become incapacitated for the
the essential organ for reproduction, to work in which he was therefor
deprive him of that part of his body. habitually engaged;
3) The penalty of prision
Q: Must mutilation be intentional? correccional in its minimum and
medium periods, if in
A: Yes. Thus, it cannot be committed consequence of the physical
through criminal negligence. injuries inflicted, the person
injured shall have become
Mayhem refers to any other intentional deformed, or shall have lost any
mutilation. other part of his body, or shall
have lost the use thereof, or
Under R.A. 7610, the penalty for the second shall have been ill or
type of mutilation shall be one degree incapacitated for the
higher when the victim is below 12 years performance of the work in
old. There must be no intent to kill which he as habitually engaged
otherwise the offense is attempted or for a period of more than ninety
frustrated. Homicide or Murder as the case days;
may be. 4) The penalty of arresto mayor in
its maximum period to prision
Q: Suppose, there is no intent to correccional in its minimum
deprive victim of particular part of period, if the physical injuries
body, what is the crime committed? inflicted shall have

A: The crime is only serious physical injury. 88

Note: Cruetly, as understood in Art. 14 (21), 5) caused the illness or incapacity
is inherent in mutilation and in fact, that is for labor of the injured person
the only felony where said circumstance is for more than thirty days.
an integral part and is absorbed therein. If
the victim dies, the crime is murder If the offense shall have been
qualified by cruelty, but the offender may committed
still claim and prove that he had no against any of the persons
intention to commit so grave a wrong. enumerated in
Article 246, or with attendance
SERIOUS PHYSICAL INJURIES (Art. 263) of any of the circumstances
mentioned in Article 248, the
Art. 263. Serious physical injuries. — case covered by subdivision
Any person who shall wound, beat, or number 1 of this Article shall be
assault another, shall be guilty of the punished by reclusion temporal
crime of serious physical injuries and in its medium and maximum
shall suffer: periods; the case covered by
subdivision number 2 by prision
1) The penalty of prision mayor, if correccional in its maximum
in consequence of the physical period to prision mayor in its
injuries inflicted, the injured minimum period; the case
person shall become insane, covered by subdivision number 3
imbecile, impotent, or blind; by prision correccional in its
2) The penalty of prision medium and maximum periods;
correccional in its medium and and the case covered by
maximum periods, if in subdivision number 4 by prision
consequence of the physical
  A.U. BLUE NOTES

correccional in its minimum and stage of execution. Hence, it is always

medium periods. consummated. It cannot be committed in
the attempted or frustrated stage.
The provisions of the preceding
paragraph shall not be applicable to a Note: There must be no intent to kill,
parent who shall inflict physical otherwise, the crime would be frustrated or
injuries upon his child by excessive attempted murder, parricide, homicide as
chastisement. the case, may be.

Q: How is the crime of serious physical Intent to kill is a specific criminal intent that
injuries committed? must be conclusively proved in case of
A: By: physical injuries only.
1. Wounding, Ratio: When death results, intent to kill is a
2. Beating, general intent which is conclusively
3. Assaulting, or presumed, hence, if death results, even
4. Administering injurious substance. without intent to kill, the crime is homicide,
at least.
Q: What are serious physical injuries?
Q: If the offender repeatedly uttered “I
A: will kill you” but he only keeps on
1. When the injured person becomes boxing the offended party and injuries
insane, imbecile, impotent or blind in resulted, what is the crime committed?
consequence of the physical injuries
inflicted A: The crime is only physical injuries not
2. . When the injured person attempted or frustrated homicide.
a. Loses the use of speech or the power
to hear or to smell, or loses an eye, a Q: How then is intent to kill
hand, a foot, an arm or a leg, or determined?
b. Loses the use of any such member,
or A: Intent to kill must be manifested by overt
c. Becomes incapacitated for the work acts. It cannot be manifested by oral
in which he was theretofore threats.
habitually engaged in consequence
of the physical injuries inflicted. Note: When physical injuries resulted to
d. When the injured deformity, it is at once classified as serious
I. Becomes deformed, or physical injuries.
II. Loses any other member of his 89
body, or
III. Loses the use thereof, or Q: What are the requisites of
IV. Becomes ill or incapacitated for deformity?
the performance of the work in A:
which he was habitually engaged 1. Physical ugliness
for more than 90 days, in 2. Permanent and definite
consequence of the physical abnormality
injuries inflicted. 3. Conspicuous and visible
e. When the injured person becomes ill Illustration
or incapacitate for labor for more
than 30 days (but must not be more If the loss of teeth is visible and impairs the
than 90 days), as a result of the appearance of the injured party, it
physical injuries inflicted. constitutes disfigurement.
The substitution of the artificial teeth for the
Q: What is the nature of physical natural teeth does not repair the injury.
injuries?
A scar produced by an injury can be
A: The crime of physical injuries is a formal considered deformity. However, it should
crime because it is penalized on the basis of not be on the part of the body of the victim
the gravity of the injury sustained. What is which is usually covered by dress or clothes.
punished is the consequence and not the
  A.U. BLUE NOTES

Illustrations: period of the illness or incapacity for labor,

a) Loss of molar tooth – this is not there must be evidence of the length of that
deformity as it is not visible. period. Otherwise, the offense will only be
b) Loss of permanent front tooth – this considered as slight physical injuries.
is deformity as it is visible and
permanent. Q: What distinguishes physical injuries
c) Loss of milk front tooth – this is not from mutilation?
deformity as it is visible but will be
naturally replaced. A: The mutilation must have been caused
purposely and deliberately to lop or clip off
Q: Suppose X threw acid on the face of some part of the body so as to deprive the
Y. were it not for timely medical offended party of such part of the body, this
attention, a deformity would have been special intention is not present in other
produced on the face of Y. after the kinds of physical injuries.
plastic surgery, Y became more
handsome than before the injury. What Q: What are the differences between
crime was committed? In what stage physical injuries and attempted or
was it committed? frustrated Homicide?
A:
A: The crime is serious physical injuries Physical injuries Attempted or
because the problem itself states that the frustrated
injury would have produced a deformity. homicide
The fact that the plastic surgery removed The offender inflicts Attempted
the deformity is immaterial because in law, physical injuries. homicide may be
what is considered is not the artificial committed even if
treatment but the natural healing process. no physical injuries
are inflicted.
Q: What are the qualifying Offender has no The offender has
circumstances of serious physical intention to kill the intent to kill the
injuries? offended party. offended party.
A:
1) If it is committed against any of the
persons referred to in the crime of ADMINISTERING INJURIOUS
parricide. SUBSTANCES OR BEVERAGES (Art. 264)
2) If any of the circumstances qualifying
murder attended its commission. Art. 264. Administering injurious
substances or beverages. — The
Illustration: penalties established by
A father who inflicts serious physical injuries
upon his son will be liable for qualified 90
serious physical injuries. the next preceding article shall be
Impotence includes inability to copulate and applicable in the respective case to any
sterility. person who, without intent to kill, shall
inflict upon another any serious,
Blindness requires loss of vision in both physical injury, by knowingly
eyes. Mere weakness in vision is not administering to him any injurious
contemplated. substance or beverages or by taking
advantage of his weakness of mind or
Loss of the power to hear must involve both credulity.
ears. Otherwise it will be considered as
serious physical injuries Q: What are the elements of this
under par 3. crime?
A:
Loss of the power to hear in the right ear is 1. Offender inflicted upon another any
considered as merely loss of used of some serious physical injury;
other part of the body. 2. It was done by knowingly
Note: when the category of the offense of administering to him any injurious
serious physical injuries depends on the substances or beverages or by taking
  A.U. BLUE NOTES

advantage of his weakness of mind 2. Physical injuries must not be those

or credulity; described in the preceding articles.
3. He had no intent to kill.
Q: What are the qualifying
Note: To “administer” an injurious circumstances of less serious physical
substance or beverage means to direct or injuries?
cause said substance or beverage to be A:
taken orally by the injured person, who 1. When there is manifest intent to
suffers serious physical injuries as a result. insult or offend the injured person.
2. When there are circumstances
There must be no intent to kill; otherwise, adding ignominy to the offense.
frustrated murder will be committed. 3. When the victim is the offender’s
parents, ascendants, guardians,
It does not apply when the physical injuries curators or teachers;
that result are less serious or light, they will 4. When the victim is a person of rank
be treated under Art. or person in authority, provided the
crime is not direct assault.
265 or 266, as the case may be.
LESS SERIOUS PHYSICAL INJURIES Note: The disjunctive conjunction “OR”
(Art. 265) above means that it is either incapacity for
work for 10 days or more OR the necessity
Art. 265. Less serious physical injuries. of medical attendance for an equal period
— Any person who shall inflict upon which will make the crime of less serious
another physical injuries not described physical injuries.
in the preceding articles, but which
shall incapacitate the offended party In the absence of proof as to the period of
for labor for ten days or more, or shall the offended party’s incapacity for labor or
require medical assistance for the of required medical attendance, offense
same period, shall be guilty of less committed is only slight physical injuries.
serious physical injuries and shall
suffer the penalty of arresto mayor. The phrase “shall require” refers to the
Whenever less serious physical period of actual medical attendance.
injuries shall have been inflicted with
the manifest intent to kill or offend the SLIGHT PHYSICAL INJURIES AND
injured person, or under circumstances MALTREATMENT (Art.266)
adding ignominy to the offense in Art. 266. Slight physical injuries and
addition to the penalty of arresto maltreatment. — The crime of slight
mayor, a fine not exceeding 500 pesos physical injuries shall be punished:
shall be imposed. 1. By arresto menor when the offender
Any less serious physical injuries has inflicted physical injuries which
inflicted upon the offender's parents, shall incapacitate the offended party
ascendants, guardians, curators, for labor from
teachers, or persons of rank, or one to nine days, or shall require
persons in authority, shall be punished medical
by prision correccional in its minimum
and medium periods, provided that, in 91
the case of persons in authority, the
deed does not constitute the crime of attendance during the same period.
assault upon such person. 2. By arresto menor or a fine not
exceeding 20 pesos and censure when
Q: What are the elements of this the offender has caused physical
crime? injuries which do not prevent the
A: offended party from engaging in his
1. Offended party is incapacitated for habitual work nor require medical
labor for 10 days or more (but not assistance.
more than 30 days), OR needs 3. By arresto menor in its minimum
medical attendance for the same period or a fine not exceeding 50 pesos
period of time;
  A.U. BLUE NOTES

when the offender shall ill-treatanother a) Through force, threat or

by deed without causing any injury. intimidation;
b) When the offended party is
Q: What are the kinds of slight physical deprived of reason or is
injuries and maltreatment? otherwise unconscious;
A: c) By means of fraudulent
1) Physical injuries which incapacitated machination or grave abuse of
the offended party for labor from 1 to authority;
9 days, or required medical When the offended party is under
attendance during the same period. 12 years of age or is demented,
2) Physical injuries which did not even though none of the
prevent the offended party from circumstances mentioned above
engaging in his habitual work or be present.
which did not re quire medical
attendance. 2.Sexual assault
3) Ill-treatment of another by deed
without causing any injury. Elements:
a) Offender commits an act of sexual
Note: slapping the offended party is a form assault;
of ill-treatment which is a form of slight b) The act of sexual assault is
physical injuries. committed by any of the following
Supervening event converting crime into means:
serious physical injuries after filing of I. By inserting his penis into
information can still be a subject of a new another person’s mouth or anal
charge. orifice; or
II. By inserting any instrument or
Q: A disagreement ensued between object into the genital or anal
Sharon and Cherrie who led to a orifice of another person;
slapping incident, Cherrie gave a twin c. The act of sexual assault is
slaps on Sharon’s beautiful face. What accomplished under any of the
is the felony committed by Cherrie, the following circumstances:
one who slapped? I. By using force or intimidation; or
A: II. When the woman is deprived of
1) Slander by deed – if the slapping is reason or otherwise unconscious;
done to cast dishonor to the person or
slapped. III. By means of fraudulent
2) Ill-treatment – if the slapping was machination or grave abuse of
done without the intention of casting authority; or
dishonor, or to humiliate or IV. When the woman is under 12
embarrass the offended party out of years of age or demented.
a quarrel or anger.
Note: under RA 8353, crime of rape can
CHAPTER THREE: RAPE now be committed by a male or female.
RAPE
(ART. 266-A) When offender in rape has an ascendancy or
(RA 8353) influence over the victim, it is not necessary

Q: How is rape committed? 92

A:
1.By a man who shall have carnal that the latter put up a determined
knowledge of a woman. resistance.
Rape may be proved by the uncorroborated
Elements: testimony of the offended woman.
1) Offender is a man;
2) Offender had carnal knowledge of a Q: Is there a crime of frustrated rape?
woman; A: none. The slightest penetration or mere
3) Such act is accomplished under any touching of the genitals consummates the
of the following circumstances; crime of rape.
  A.U. BLUE NOTES

orifices other than her organ, and be

Illustration: expanded as well to cover gender-free rape.
When a woman is under 12 years of age or Paragraph 1 under Section 2 of R.A. 8353,
is demented, sexual intercourse with her is which is now Paragraph 1 of the new Article
always rape. In fact, even if the sexual 266-A of the Revised Penal Code (RPC),
intercourse was with her consent, the man covers rape through sexual intercourse
is liable. while paragraph 2 refers to rape by sexual
assault. Rape through sexual intercourse is
Q: What are the effects of the also denominated as “organ rape” or
reclassification of rape into crime “penile rape”. On the other hand rape by
against persons? sexual assault is otherwise called
A: “instrument or object rape”, also “gender-
1. The procedural requirement of free rape,” or the narrower “homosexual
consent of the offended party to file rape”.
the case is no longer needed
because this is now a “public crime” The differences between the two
unlike when it was still classified as a modes of committing rape are the
crime against chastity. following:
2. There is now an impossible crime of
rape because impossible crimes can 1. In the first mode, the offender is
only be committed against persons. always a man, while in the second;
the offender may be a man or a
Q: What are the kinds of rape under woman;
R.A. 8353? 2. In the first mode, the offended party
A: is always a woman ,while in the
1. Traditional concept under 335 – second the offended party may be a
carnal knowledge with a woman man or a woman;
against her will. The offended party 3. In the first mode, rape is committed
is always a woman and the offender through penile penetration of the
is always a man vagina, while the second is
2. Sexual assault – committed with an committed by inserting the penis into
instrument or an object or use of the another person’s mouth or anal
penis with penetration of mouth or orifice, or any instrument or object
anal orifice. The offended party or into the genital or anal orifice of
the offender can either be man or another person; and
woman, that is, if a woman or a man 4. The penalty for rape under the first
uses an instrument on anal orifice of mode is higher than that under the
male, she or he can be liable for second.
rape.
In view of the material differences between
Q: What is the necessary degree of the two modes of rape, the first mode is not
force? necessarily
A:
1. Force sufficient to consummate included in the second, and vice-versa.
culprit’s purpose; Thus,
2. Consider age, size and strength of Abulon cannot be found guilty of rape by
parties and their relation to each sexual assault although it was proven, as
other. the charge against him is rape through
carnal knowledge. Otherwise, there will be a
People of the Philippines V. Alvin violation of his constitutional right to be
Abulon informed of the nature and cause of the
(G.R. No. 174473, 17 August 2000) accusation against him.
93
Republic Act (R.A) 8353, otherwise known as
the Anti-Rape Law of 1997, the concept of However, following the variance doctrine
rape was revolutionized with the new embodied in Section 4, in relation to Section
recognition that the crime should include 5, Rule 120, Rules of criminal Procedure,
sexual violence on the woman’s sex-related appellant can be found guilty of the lesser
  A.U. BLUE NOTES

crime of acts of lasciviousness. Section 4 odious deed committed woman of loose

states that “when there is a variance morals could still be the victim rape,
between the offense charged in the the essence thereof being carnal
complaint or information and that proved, knowledge of a woman without her
and the offense as charged is included in or consent.
necessarily includes the offense proved, the
accused shall be convicted of the offense Q: When is it considered as Qualified
proved which is included in the offense Rape?
charged, or of the offense charged which is A: With the occurrence of the ff., thus rape
included in the offense proved.” Section 5 is punishable by death
gives the test on determining when an 1) When by reason or on occasion of
offense includes or is included in another. It the rape, a homicide is committed.
is when some of the essential elements or 2) When victim is less than 18 years of
ingredients of the former constitutes the age and the offender is a parent,
latter. Applying it in the instant case, the ascendant, stepparent, guardian,
offense proved, which constitute acts of relative by consanguinity or affinity
lasciviousness, is necessarily included in the within the third civil degree, or the
offense charged which is qualified rape. common law spouse of the parent of
the victim.
Q: Geronimo a teacher was tried and
convicted for twelve counts of rape for A stepbrother or stepsister relationship
the sexual assaults he, on several between the offender and the offended
occasions, inflicted on one of his party cannot elevate the crime to “qualified
students by inserting his penis in rape” because they are not related either by
thevictim’s mouth. On appeal, blood or affinity.
Geronimo contends that the acts
complained of do not fall within the The enumeration is exclusive. Hence the
definition of rape as defined in the R__ common law husband of the victim’s
particularly that rape is a crime grandmother is not included.
committed by man against a woman. Is
Geronimo contention correct? 3) When victim is under the custody of
the police or military authorities or
A: Geronimo’s contention is incorrect. Rape any law enforcement or penal
be committed notwithstanding the fact that institution.
person involved are both males. The 4) When rape is committed in full view
definition of the crime of rape has been of the husband, parent, any of the
expanded with the enactment R.A. 8353, as children or other relatives within the
the Anti-Rape Law of 1997 includes not only third civil degree of consanguinity.
“rape by sexual intercourse also “rape by 5) When victim is a religious engaged in
sexual assault.” R.A 8353 proven that “An legitimate religious vocation or
act of sexual assault can be committed to calling and is personally known to be
any person who inserts his penis into the such by the offender before or at the
mouth of anal orifice, or any instrument or time of the commission of the crime.
object into the genital or anal orifice, of 6) When victim is a child below 7 years
another person. The unlike rape under the old.
first paragraph of article 266-A of the code, 7) When offender knows that he is
has not made any distinction of sex of either afflicted with HIV/AIDS or any other
the offender or the victim. Neither must the sexually transmissible disease and
courts make such distinction. {Geronimo the virus or disease is transmitted to
Ordinario v. People of the Philippines and the victim.
Court of Appeals G.R. No. 155415 May 20, 8) When committed by any member of
2004). the AFP or paramilitary units thereof
or the PNP or any law enforcement
Q: Is the victim’s reputation considered agency or penal institution, when the
in prosecution for rape?
A: The victim’s character or reputation 94
of immaterial in rape, there being
absolutely no need between it and the
  A.U. BLUE NOTES

9) offender took advantage of his Q: What kind of resistance is required

position to facilitate the commission if the offender is a stranger to the
of the crime. offended party?
10) When by reason or on occasion of A: if the offender is not known to the
the rape, the victim has suffered offended party, it is necessary that there be
permanent physical mutilation or evidence of affirmative resistance put up by
disability. the offended woman. Mere “no, no” is not
11) When offender knew of the enough if the offender is a stranger.
pregnancy of the offended party at
the time of the commission of the Q: What is statutory rape?
crime. A: To constitute statutory rape, two
12) When offender knew of the mental elements must be established, namely the:
disability, emotional disorder and/or a) Accused had carnal knowledge of a
physical handicap of the offended woman
party at the time of the commission b) Woman is below 12 years of age.
of the crime.
Note: In statutory rape, the offender’s
Note: The foregoing circumstances are in knowledge of the victim’s age is immaterial.
the nature of special aggravating
circumstances which must be specifically Q: Suppose a ten-year old girl
pleaded or alleged with certainty in the consented to the sexual intercourse,
information. will such consent negate the rape?
A: No, because consent is immaterial in
Q: What are the effects of pardon on statutory rape. The mere fact of having
the criminal liability of the accused sexual relations with a girl below 12 years
charged with rape? (Art. 266-C) old consummates the offense and consent is
A: not a defense.
a) The offended woman may pardon the Ratio: It is not necessary that the victim was
offender through a subsequent valid intimidated or force used against her
marriage, the effect of which would because in statutory rape, the law presumes
be the extinction of the offender’s that the victim, on account of her tender
liability. age, does not and cannot have a will of her
b) Similarly, the legal husband may be own.
pardoned by forgiveness of the wife
provided that the marriage is not Q: Suppose a 31 year old mental
void ab initio. retardate with mental capacity of a 5-
year old was raped, what is the crime?
Note: Under the new law, the husband may A: Statutory rape. Her mental and not only
be liable for rape if his wife does not want to the chronological age is considered. (People
have sex with him. It is enough that there is v. Manlapaz, G.R. No. L-41819, Feb. 28,
indication of any amount of resistance as to 1978).
make it rape. (Martial rape)
In other cases, there must be force,
Q: What is incestuous rape? intimidation, or violence proven to have
A: Incestuous rape refers to rape committed been exerted to bring about carnal
by an ascendant of the offended woman. knowledge or the woman must have been
deprived of reason or otherwise
Q: Is the employment of force and unconscious.
intimidation indispensable in In the crime of rape, full or complete
incestuous rape? penetration of the woman’s sexual organ is
A: No, because the overpowering and not necessary. The slightest penetration –
overbearing moral influence of the contact with the labia – will consummate the
ascendant over the daughter takes the rape.
place of violence and offer of resistance In incestuous rape of a minor, proof and
required in rape cases committed by an force and violence exerted by the offender
accused having no blood relationship with are not
the victim. essential. Moral ascendancy or parental
authority of the accused over the offended
  A.U. BLUE NOTES

party takes the place of violence. People of the Philippines V. Melchor

Cabalquinto, (G. R. No. 167693, 19
95 September 2006)
Q: Is the absence of signs of external
physical injuries signifying a lack of Resolution dated February 14, 2006, A.M.
resistance in the part of the rape No. 99-7-06-SC in In Re Internet web page of
victim? the Supeme Court.
A: No. Resistance from the victim need not
be carried to the point of inviting death or In a letter addressed to Chief Justice, the
sustaining physical injuries at the hands of mother of a child abuse victim expressed
the rapist. anxiety over the posting of full text
Note: In rape, the force and intimidation decisions of the Court in child sexual abuse
must be viewed in the light of the victim’s cases on its Internet Web Page. She
perception and judgment at the time of the submitted that confidentiality and the best
commission of the crime. As already settled interest of the child must prevail over public
in our jurisprudence, not all victims react access to information.
the same way, moreover, resistance is not
an element of rape. A rape victim has no The Office of the Solicitor General (OSG)
burden to prove that she did all within her commented that the posting of the full text
power to resist the force or intimidation of decisions in child abuse cases on the
employed upon her. As long as the force or Supreme Court Web Page violates the right
intimidation is present, whether it was more to privacy of the aggrieved parties.
or less irresistible is beside the point. According to the (OSG), the fact that the
(People v. Baldo y Santain, G.R. No. 175238. aggrieved child may have consented,
February 24,2009)/ through a parent or guardian, to a public
hearing of the case does not negate the
Q: Is medical examination an expectation of privacy which the child may
indispensable element in the later invoke because child victims cannot be
prosecution for rape? presumed to have intended their initial
A: Medical examination is not an agreement to extend beyond the
indispensable element in the prosecution for termination of their case to the posting of
rape. The purpose of the medical the decision reached by the Court on the
examination is merely corroborative in Web Page. Moreover, such an expectation of
nature. privacy is reasonable. Short of withdrawing
the full text of decisions in such cases from
Q: If on the occasion or by reason of the Web Page, the OSG proposed that the
rape, the victim died, what is the crime Court instead replace the material
committed? information, such as the name of the child-
A: The special complex crime of rape with victim, in its decisions.
homicide is committed.
In this case and henceforth, the Court shall
Q: What is the difference between withhold the real name of the victim-
attempted rape and acts of survivor, i.e., the woman or child-victim of
lasciviousness? violence, and shall use fictitious initials
A: instead to represent her. Likewise, the
Attempted rape Act of personal circumstances of the victims-
lasciviousness survivors or any other information tending
There is intent to There is no to establish or compromise their identities,
affect sexual intention to lie with as well as those of their immediate family or
cohesion, although the offended household members, shall not be disclosed.
unsuccessful woman. The
intention is merely Q: What are the three well-known
to satisfy lewd principles to guide the court?
design. A:
a) An accusation for rape can be made
with facility, is difficult to prove, but
more difficult for person accused,
though innocent, to disprove;
  A.U. BLUE NOTES

b) Only two persons are involved,

testimony of complainant must be KIDNAPPING AND SERIOUS ILLEGAL
scrutinized with extreme caution; DETENTION (Art. 267)
c) The evidence for the prosecution
must stand or fall on its own merits Art. 267. Kidnapping and serious illegal
and cannot be allowed to draw detention. — Any private individual
strength from weakness of evidence who shall kidnap or detain
for defense.
96 another, or in any other manner
deprive him of his liberty, shall suffer
Q: Flordeluna boarded a taxi on her the penalty of reclusion perpetua to
way home to Quezon City which was death:
driven by Roger. Flordeluna noticed 1) If the kidnapping or detention
that Roger was always placing his car shall have lasted more than five
freshener in front of the car aircon days.
ventilation but did not bother asking 2) If it shall have been committed
Roger why. Suddenly, Flordeluna felt simulating public authority.
dizzy and became unconscious. Instead 3) If any serious physical injuries
of bringing her to Quezon City, Roger shall have been inflicted upon
brought Flordeluna to his house in the person kidnapped or
Cavite where she was detained for two detained; or if threats to kill him
(2) weeks. She was raped for the entire shall have been made.
duration of her detention. May Roger 4) If the person kidnapped or
be charged and convicted of the crime detained shall be a minor,
of rape with serious illegal detention? female or a public officer.
Explain.
The penalty shall be death where the
A: No, Roger may not be charged and kidnapping or detention was
convicted of the crime of rape with serious committed for the purpose of extorting
illegal detention. Roger may be charged and ransom from the victim or any other
convicted of multiple rapes. Each rape is a person, even if none of the
distinct offense and should be punished circumstances above-mentioned were
separately. Evidently, his principal intention present in the commission of the
was to abuse Flordeluna, the detention was offense.
only incidental to the rape.
Q: What are the elements of this
Alternative Answer: crime?
A:
No, Roger may not be charged and 1. Offender is a private individual;
convicted of the crime of rape with serious 2. He kidnaps or retains another, or in
illegal detention since the detention was any other, manner deprives the
incurred in raping the victim during the days latter of his liberty;
she was held. At most, Roger may be 3. Act of detention or kidnapping must
prosecuted for forcible abduction for taking be illegal;
Flordeluna to Cavite against the latter’s will 4. In the commission of the offense, any
and with lewd designs. The forcible of the following circumstances is
abduction should be complex with one of present:
the multiple rapes committed, and the other a) Kidnapping or detention lasts for
rapes should be prosecuted and punished more than 3 days,
separately, in as many rapes were charged a) It is committed simulating public
and proved. (2000 Bar Question). authority,
b) Any serious physical injuries are
TITTLE NINE inflicted upon the person kidnapped
CRIMES AGAINST PERSONAL LIBERTY or detained or threats to kill him
AND SECURITY are made, or
c) The person kidnapped or detained
CHAPTER ONE: is a minor, female, or a public
CRIMES AGAINST LIBERTY officer.
  A.U. BLUE NOTES

compel her to agree to the demand

Note: the primary element of the crime of or request by the offender.
kidnapping is actual confinement, detention
and restraint of the victim. Illustration:
If the victim was not kidnapped or taken
Q: What is the essence of this crime? away but was restrained and deprived of his
A: the essence of the offense is the actual liberty, like in the case of a hostage incident
deprivation of the victim’s liberty coupled where the accused, who was one of the
with the intent of the accused to affect it. occupants of the house, grabbed a child,
There must be indubitable proof that the poked a knife on the latter’s neck, called for
actual media people and demanded a vehicle from
intent of the malefactor was to deprive the the authorizes which he could use in
escaping, as it turned out that there was an
97 unserved arrest warrant against him, the
offended party of the liberty. The restraint proper charged is Serious Illegal Detention
however need not be permanent. (without kidnapping anymore) but likewise
under Art. 267 of the RPC.
Q: Is it necessary that the victim be
placed in an enclosure? Q: What are the circumstances which
A: No. It may consist not only in placing a qualify the crime of kidnapping and
person in an enclosure but also in detaining serious illegal detention?
him or depriving him in any manner of his A: Death shall be imposed in the following:
liberty. 1. If the purpose of the kidnapping is to
extort ransom.
Q: What are the distinctions between 2. When victim is killed or dies as a
kidnapping and slight illegal detention? consequence of the detention.
A: 3. When victim is raped.
Kidnapping Slight illegal 4. When victim is subjected to torture
detention or dehumanizing acts.
Its essence is One is restrained of
transporting the his liberty without Note: if the victim is a woman or a public
offended party from necessarily officer, the detention is always serious – no
one place to transporting him matter how short the period of detention is.
another. from one place to 81
another.
The purpose of the a person is Q: What is the crime if a 3-year old boy
offender is to extort transported not for was kidnapped, gagged and hidden in
ransom either from ransom. a box where it died and offender asked
the victim or from for ransom?
any other person. A: The demand for ransom did not convert
the offense from murder to kidnapping. The
Q: If a person is transported from one defendant was well aware that the child
place to another, what crimes may be would be suffocated to death in a few
possibly committed? moments after she left. The demand for
A: ransom is only a part of the diabolic scheme
a) Forcible abduction – if a woman is of the defendant to murder the child, to
transported from one place to conceal his body and then demand money
another by virtue of restraining her before the discovery of the cadaver. (People
of her liberty, and that act is coupled vs. Lora, G.R. No. 49430, March 30, 1982).
with lewd designs.
b) Kidnapping and serious illegal Q: What is the main distinction
detention – if a woman is between illegal detention and arbitrary
transported just to restrain her detention?
liberty. There is no lewd design or A:
lewd intent. Illegal detention Arbitrary
c) Grave coercion – if a woman is detention
carried away just to break her will, to Committed by a Committed
private person who by a public officer
  A.U. BLUE NOTES

kidnaps, detains, who detains a with murder as she was not taken or carried
or otherwise person without legal away to be killed, killing being an
deprives another of grounds. afterthought. (People vs. Evanoria, 209
his liberty. SCRA 577)

Q: What special complex crimes may Q: Suppose the persons killed on the
arise in kidnapping? occasion of kidnapping are other
A: persons, not the victims themselves,
a) Kidnapping with homicide what is/are the crime/s committed?
b) Kidnapping with rape A: Two separate crimes of murder or
c) Kidnapping with physical injuries homicide and kidnapping. The killing would
be treated as a separate crime.
Note: the last paragraph of Art. 267, as
amended by R.A. 7659, provides that when Q: In kidnapping with Homicide, would
it make any difference if the killing was
98 purposely sought or was merely an
the victim is killed or dies as a consequence afterthought?
of the detention or is raped, or is subjected A: No, regardless of whether the killing was
to torture or dehumanizing acts, the purposely sought or was merely an
maximum penalty of death shall be afterthought, the kidnapping and the
imposed. homicide or murder are not treated as
The killing, rape or physical injuries are not separate crimes nor can they be complexed
separate crimes in themselves but are under Art. 48 but shall be punished as a
circumstances which convert the kidnapping special complex crime.
into special complex crime for the
imposition of the maximum penalty. Q: Suppose the taking of the victim is
only incidental to the basic purpose to
Q: How is the term “homicide” in the kill, what crime is committed?
last paragraph of Art. 267 construed? A: The crime is only murder not the special
A: “Homicide” is used in the generic sense complex crime of kidnapping with homicide
and includes murder because the killing is because the primordial intent is to kill the
not treated as a separate crime but a victim and the deprivation of liberty is
qualifying circumstance. merely incidental thereto.

Q: Suppose a group of men kidnapped Q: Suppose the kidnapped victim

3 Chinese children for the purpose of disappeared, will such dis appearance
extorting ransom from their parents negative criminal liability of the
because the parents of the kidnapped kidnappers?
victims were not able to meet the A: No, because in kidnapping, the essential
conditions imposed by the kidnappers, element is the deprivation of the victim’s
they killed the victims. What is/are the liberty and the subsequent disappearance of
crime/s committed by the kidnappers? the victim will not exonerate the accused
A: The crime is kidnapping with homicide. from prosecution. Otherwise, kidnappers
As such, it is a single indivisible offense and can easily avoid punishment by the simple
not a complex crime. Regardless of the expedient of disposing of their victim’s
number of persons killed who are bodies.
necessarily the kidnap victims, there is one
crime only of kidnapping with homicide. Q: What is the effect of the voluntary
release of the victim on the criminal
Illustration: liability of the kidnappers?
Where after taking the victim with her car, A: Qualify.
the accused called the house of the victim If it is serious illegal detention, the voluntary
asking for ransom but upon going to their release has no effect on the criminal liability
safe house saw several police cars chasing of the offenders.
them, prompting them to kill their victim
inside the car, there were two crimes If it is slight illegal detention, the voluntary
committed – kidnapping for ransom and release will mitigate the criminal liability of
murder, not a complex crime of kidnapping the offenders.
  A.U. BLUE NOTES

In kidnapping for ransom, voluntary release attempted rape. lewd designs.

will not mitigate the crime.
Q: What is distinguishes kidnapping for
Q: What is a ransom? ransom from robbery, insofar as the
82 delivery of money to the offenders is
A: A ransom is the money, price or concerned?
consideration paid or demanded for the A:
redemption of a captured person or persons, Kidnapping for robbery
a payment that releases from captivity. This ransom
is true even though what is being demanded Ransom is paid in The motive of the
is due to the offender such as debt or rent. exchange for the offenders is not to
offended party’s restrain or deprive
Note: The ransom is merely a qualifying liberty. the victim of his
liberty but to divest
99 him of his valuables.
circumstance and no matter how short is
the detention, kidnapping is still committed Q: What sets kidnapping apart from
because ransom is not an element of forcible abduction?
kidnapping. A:
Kidnapping Forcible abduction
Q: What are the distinctions between At the outset, the at the outset, the
kidnapping with rape and forcible intention of the taking of the victim
abduction with rape? offender is merely to is coupled with lewd
A: detain the victim designs.
Kidnapping with Forcible abduction
rape with rape SLIGHT ILLEGAL DETENTION (Art. 268)
The crime is The crime is complex
composite or a under Art. 48 since Art. 268. Slight illegal detention. — The
special complex forcible abduction is penalty of reclusion temporal shall be
crime if the woman a necessary means imposed upon any private individual
kidnapped is also to commit the rape. who shall commit the crimes described
raped. in the next preceding article without
At the outset, there At the outset, there the attendance of any of circumstances
is no lewd designs is lewd design. enumerated therein.
Rape here is not a Rape here is treated The same penalty shall be incurred by
separate crime but as a separate crime. anyone who shall furnish the place for
merely a qualifying the perpetration of the crime.
circumstance. If the offender shall voluntarily release
Even if there are If there are the person so kidnapped or detained
multiple rapes, there multiple rapes, only within three days from the
is only one crime of one rape shall be commencement of the detention,
kidnapping with complex with without having attained the purpose
rape. forcible abduction intended, and before the institution of
because the criminal proceedings against him, the
abduction is a penalty shall be prision mayor in its
necessary means to minimum and medium periods and a
commit only the first fine not exceeding seven hundred
rape, thus the other pesos.
rape incidents will
be treated as Q: What are the elements of this
separate crimes. crime?
If rape was merely If rape is merely A:
attempted, 2 attempted, there is a) Offender is a private individual;
separate crimes are only forcible b) He kidnaps or detains another, or in
committed- abduction, the any other manner deprives him of his
kidnapping and attempt to rape is liberty;
serious illegal deemed merely a c) Act of kidnapping or detention is
detention and manifestation of illegal;
  A.U. BLUE NOTES

d) Crime is committed without the shall arrest or detain another for the
attendance of any of the purpose of delivering him to the proper
circumstances enumerated in Art. authorities.
267 (kidnapping).
Q: What are the elements of unlawful
Note: Slight illegal detention is committed if arrest?
any of the five circumstances in the A:
commission of kidnapping or detention 1. Offender arrests or detains another
enumerated in Article 267 is not present. person
2. Purpose of the offender is to deliver
Q: What if the person arrested is not him the proper authorities;
delivered to the authorities? 3. Arrest or detention is not authorized
A: The private individual making the arrest by law or there is no reasonable
incurs criminal liability for illegal detention ground thereof.
under Article 267 or 268.
100 Note: in unlawful arrest, the detention is
If the offender is a public officer, the crime only incident the primary criminal intention
is arbitrary detention under Article 124. of the offender is to charge the offended
party for a crime he did not actually commit.
If the detention or arrest is for a legal
ground, but the public officer delays Generally, this crime is committed by
delivery of the person arrested to the proper incriminating innocent persons by the
judicial authorities, that Article 125 will offender’s planting evidence to justify the
apply. arrest – a complex crime results that is
unlawful arrest through incriminatory
Q: What are the circumstances which machinations under Article 363.
would warrant the lowering of the
penalty for slight illegal detention? In Art. 125 (Delay in the delivery of detained
A: The following must concur: persons is the proper judicial authorities),
83 the detention is for some legal ground.
1. The offended party is voluntarily While in unlawful arrest, the detention is not
released within three days from the authorized by law.
start of illegal detention;
2. Without attaining the purpose; and Q: Who may be held liable under this
3. Before the institution of the criminal article?
action.
A: offender is any person, whether a public
Q: In cases of kidnapping, what is the officer or a private individual. However, the
liability of the person who furnished public officer must not be vested with the
the place when the victim is being authority to arrest or detain a person or
held? must not act in hi official capacity.
Otherwise Art. 124 is applicable and not Art.
A: The person who furnished the place for 269.
the confinement of the victim has the same
liability a principal although said person Q: What is the essence of the crime of
generally acts an accomplice. But if the unlawful arrest?
cooperation is by another act than
furnishing the place, the penalty one degree A: The arrest must be made for the purpose
lower. of delivering the person arrested to the
proper authorities but it was made without
UNLAWFUL ARREST (Art. 269) any reasonable grounds therefore.

Art. 269. Unlawful arrest. — The Q: Is there a period of detention fixed

penalty of arresto mayor and a fine not by law?
exceeding 500 pesos shall be imposed
upon any person who, in any case A: None. What is controlling is the motive of
other than those authorized by law, or the offender.
without reasonable ground therefor,
  A.U. BLUE NOTES

Q: What variant crimes are committed

if a person is arrested and/or detained? 2. years but less than 21 years of age);
3. He deliberately fails to restore the
A: said minor to his parents or
1. If the arrest is made without a guardians.
warrant and under circumstances not
allowing a warrantless arrest, the crime Note: What is actually punishable is not the
would be unlawful arrest. kidnapping of the minor but rather the
2. If the person arrested is not deliberate failure or refusal of the custodian
delivered to the authorities, the private of the minor to restore the latter to his
individual making the arrest incus criminal parents or guardian.
liability for illegal detention under Article
267 or 268. Said failure or refusal must not only be
3. If the offender is a public deliberate but must also be persistent as to
officer, the crime is arbitrary detention oblige the parents or guardians of the child
under Article 124. to seek the aid of the courts in order to
4. If the detention or arrest is for obtain custody.
a legal ground, but the public officer delays If any of the foregoing elements is absent,
the kidnapping of the minor will then fall
101 under Article 267 (kidnapping and serious
delivery of the person arrested to the illegal detention).
proper judicial authorities, the crime is delay
in the delivery of detained persons under If the accused is any of the parents, Article
Article 125. 267 does not apply, Articles 270 and 271
apply.
Q: What are the distinctions between
Delay in the Delivery of Detained Q: What is the main distinction
Persons and Unlawful Arrest? between kidnapping and serious illegal
A: detention and kidnapping and failure
Delay in the Unlawful arrest to return a minor?
delivery of A:
detained persons Kidnapping Kidnapping and
Detention is for Detention is not serious illegal failure to return a
some legal ground. authorized by law. detention minor
Crime is committed Committed by Offender is not Offender is entrusted
by failing to deliver making an arrest not entrusted with the with the custody of
such person to the authorized by law. custody of the the minor.
proper judicial victim.
authority within a
certain period. Q: A and B were legally separated.
Their child C, a minor, was placed in
KIDNAPPING AND FAILURE TO RETURN the custody of A, the mother, subject
A MINOR (Art. 270) to monthly visitations by B, his father.
On one occasion, when B had C in his
Art. 270. Kidnapping and failure to company, B decided not to return C to
return a minor. — The penalty of his mother. Instead, B took C with him
reclusion perpetua shall be imposed to the United States where he intended
upon any person who, being entrusted for them to reside permanently. What
with the custody of a minor person, crime, if any, did B commit? Why?
shall deliberately fail to restore the
latter to his parents or guardians. A: B committed the crime of kidnapping and
failure to return a minor under Article 271,
Q: What are the elements of this in relation to article 270, of the Revised
crime? Penal Code, as amended. Article 271
A: expressly penalizes any parent who shall
1. Offender is entrusted with the take from the deliberately fail to restore his
custody of a minor person (whether or her minor child to the parent or guardian
over or under 7 7 to whom custody of the minor has been
  A.U. BLUE NOTES

placed. Since the custody of C, the minor, given to one of them, the other parent who
has been given to the mother and B has kidnaps such minor child from the one
only the right of monthly visitation, the having the lawful custody of said child or
latter’s act of taking C to the United States, induces such minor to leave his home is
to reside there permanently, constitutes a liable.
violation o said provisions of law (2002 Bar
Question) Q: What is the main distinction
between kidnapping and serious illegal
INCLUDING A MINOR TO ABANDON HIS detention and inducing a minor to
HOME (Art. 271) abandon his home?
A:
Art. 271. Inducing a minor to abandon Kidnapping and Inducing a minor
his home. — The penalty of prision serious illegal to abandon his
correccional and a fine not exceeding detention home
seven hundred pesos shall be imposed Cannot committed Parents can commit
upon anyone who shall induce a minor by the parents of the this crime against
to abandon the home of his parent or minors their children
guardians or the persons entrusted
with his custody.
If the person committing any of the Q: What is the rationale for penalizing
crimes covered by the two preceding the crime of inducing a minor to
articles shall abandon his home?
A: This article is intended to discourage and
102 prevent disruption of filial relationship
be the father or the mother of the undue interference with the parent’s right
minor, the penalty shall be arresto and duty to the custody of their minor
mayor or a fine not exceeding three children and to rear them.
hundred pesos, or both.
SLAVERY (Art. 272)
Q: What are the elements of this
crime? Art. 272. Slavery. — The penalty of
A: prision mayor and a fine of not
1. A minor (whether over or under 7 exceeding 10,000 pesos shall be
years of age) is living in the home of imposed upon anyone who shall
his parents or guardian or the person purchase, sell, kidnap or detain a
entrusted with his custody; human being for the purpose of
2. Offender induces said minor to enslaving him.
abandon such home. If the crime be committed for the
purpose of assigning the offended
Note: The crime is committed by mere party to some immoral traffic, the
inducement of the minor to abandon the penalty shall be imposed in its
house of his parents. maximum period.

Inducement must be actual committed with Q: What are the elements of Slavery?
criminal intent, and determined by a will to A:
cause damage. 1. That the offender purchases, sells,
kidnaps or detains a human being;
The minor should not leave his home of his 2. That the purpose of the offender is to
own free will. enslave such human being.
Not necessary that the minor actually
abandons the home. Q: Is obliging a person to render
service to one whom he is indebted
Illustration: without remuneration and to remain
there as long as the debt is paid
Father or mother may commit crimes under constitutes slavery?
Articles 270 and 271 such 3when where the A: Yes. The purpose must be determined, if
father and mother are living separately, and the purpose is to enslave the victim, it is
the custody of their minor child has been
  A.U. BLUE NOTES

slavery otherwise, it is kidnapping or illegal 3. It is under the pretext of reimbursing

detention. himself of a debt incurred by an
ascendant, guardian or person
Q: What is slavery? entrusted with the custody of such
A: Slavery is committed if anyone shall minor.
purchases kidnap, or detain a human being
for the purpose of enslaving him. Note: Indebtedness is not a ground for
detention
Q: Is there any qualifying
circumstance? SERVICES RENDERED UNDER
A: Yes, if the purpose is some immoral COMPULSION IN PAYMENT OF DEBT
traffic. E.g. prostitution. (Art. 274)

Q: How is slavery distinguished from Art. 274. Services rendered under

illegal detention? compulsion in payment of debt. — The
A: penalty of arresto mayor in its
maximum period to prision correccional
Slavery Illegal detention in its minimum period shall be imposed
The purpose for the The purpose is to upon any person who, in order to
detention is to deprived or restrains require or enforce the payment of a
enslave the offended the offended party of debt, shall compel the debtor to work
party. his liberty. for him, against his will, as household
servant or farm laborer.
Note: In both, the offended party is
detained. Q: What are the elements of this
crime?
Q: What is the main distinction A:
between slavery and white slave trade? 1. OFFENDER COMPELS A DEBTOR TO
A: WORK FOR HIM, EITHER AS
103 HOUSEHOLD SERVANT OR FARM
LABORER;
2. IT IS AGAINST THE DEBTOR’S WILL;
Slavery White trade 3. THE PURPOSE IS TO REQUIRE OR
The offender is not The offender ENFORCE THE PAYMENT OF A DEBT.
engage in is engage
prostitution prostitution. NOTE: IF THERE IS NO CREDITOR-DEBTOR
RELATIONSHIP BETWEEN THE OFFENDER
AND THE OFFENDED PARTY, COERCION IS
EXPLOITATION OF CHILD LABOR (Art. COMMITTED.
273)
Q: WHAT DISTINGUISHES ART. 274
Art. 273. Exploitation of child labor. — FROM ART. 273?
The penalty of prision correccional in A:
its minimum and medium periods and a Exploitation of Service render
fine not exceeding 500 pesos shall be child labor(273) under under
imposed upon anyone who, under the compulsion in
pretext of reimbursing himself of a payment of debt
debt incurred by an ascendant, (274)
guardian or person entrusted with the Victim is a minor Does not distinguish
custody of a minor, shall, against the whether victim is a
latter's will, retain him in his service. minor or not
MINOR IS DEBTOR HIMSELF IS
Q: What are the elements of this COMPELLED TO THE ONE
crime? RENDER SERVICES COMPELLED TO
A: FOR THE SUPPOSED WORK FOR THE
1. Offender retains a minor in his DEBT OF HIS PARENT OFFENDER.
service; OR GUARDIAN
2. It is against the will of the minor; SERVICE OF MINOR LIMITED TO
  A.U. BLUE NOTES

IS NOT LIMITED TO HOUSEHOLD AND Q: While driving home to his hometown

HOUSEHOLD AND FARM WORK. somewhere up north, x chanced upon a
FARM WORK. person lying on the middle of the road,
mortally wounded and probably a
CHAPTER TWO: victim of hit and run. if x did not render
CRIMES AGAINST SECURITY assistance to said person, is he LIABLE
ABANDONMENT OF PERSONS IN FOR abandonment of helpless persons.
DANGER AND ABANDONMENT OF ONE’S
OWN VICTIM (ART. 275) A: An uninhabited place is determined by
possibility of person receiving assistance
Art. 275. Abandonment of person in from another. even if there are many
danger and abandonment of one's own houses around, the place may still be
victim. — The penalty of arresto mayor uninhabited if possibility of receiving
shall be imposed upon: assistance is remote.
1. Any one who shall fail to render
assistance to any person whom he 2.Failing to help or render assistance to
shall find in an uninhabited place another which the offender has accidentally
wounded or in danger of dying, when wounded or injured.
he can render such assistance without
detriment to himself, unless such The second act of abandonment
omission shall constitute a more contemplates a situation where the accident
serious offense. is caused by the offender and a third person
2. Anyone who shall fail to help or is injured as result of such accident.
render assistance to another whom he
has accidentally wounded or injured. Here, the character of the place is
3. Anyone who, having found an immaterial. as long as the victim was
abandoned child under seven years of injured because of the accident caused by
age, shall fail to deliver said child to the offender, the offender would be liable
the authorities or to his family, or shall for abandonment if he would not render
fail to take him to a safe place. assistance to the victim.

Q: WHAT ARE PUNISHABLE ACTS? Q: Suppose the accident is due to

a: reckless imprudence or simple
1. Failing to render assistance to any negligence, for what crime shall the
person whom the offender finds in an offender be prosecuted?
uninhabited place wounded or in danger of
dying when he can render such assistance A: If the accident is due to reckless
1 imprudence or simple negligence, art. 365
04 will govern. The last paragraph thereof on
without detriment to himself, unless such abandonment of one’s victim is a qualifying
omission shall constitute a more serious circumstance and therefore must be alleged
offense. in the information.

elements: if the fact of abandonment in the

a) The place is not inhabited; information for reckless imprudence or
b) accused found there a person simple negligence is not alleged, the
wounded or in danger of dying; accused will still be liable for prosecution
c) Accused can render assistance under article 275 (2)
without detriment to himself;
d) Accused fails to render assistance. 3. Failing to deliver a child, under 7
years of age whom the offender has
Note: Under the first act of abandonment, found abandoned, to the authorities or
the offender is liable only when he can to his family, or failing to take him to a
render such assistance without detriment to safe place.
himself, unless such omission shall
constitute a more serious offense. under the third act of abandonment, it
is immaterial that the offender did not
know that the child is under 7 years.
  A.U. BLUE NOTES

the child under 7 years of age must be Note: Intent to kill cannot be presumed
found in an unsafe place. from the death of the child. the ruling that
intent to kill is conclusively presumed from
ABANDONING A MINOR (ART. 276) the death of the victim is applicable only to
crimes against persons and not to crimes
Art. 276. Abandoning a minor. — The against security, particularly the crime of
penalty of arresto mayor and a fine not abandoning a minor under art. 276.
exceeding 500 pesos shall be imposed a permanent, conscious and deliberate
upon any one who shall abandon a abandonment is required in this article.
child under seven years of age, the there must be an interruption of the care
custody of which is incumbent upon and protection that a child needs by reason
him. of his tender age.
When the death of the minor shall
result from such abandonment, the when there is intent to kill, this article does
culprit shall be punished by prision not apply.
correccional in its medium and
maximum periods; but if the life of the Q: What are the qualifying
minor shall have been in danger only, circumstances?
the penalty shall be prision A:
correccional in its minimum and 1. When death of the minor resulted
medium periods. from such abandonment; or
The provisions contained in the two 2. if life of the minor was in danger
preceding paragraphs shall not prevent because of the abandonment.
the imposition of the penalty provided
for the act committed, when the same NOTE: If offender is the parent of the minor
shall constitute a more serious offense. who abandoned, he shall be deprived of
parental authority.
Q: What are the elements of this Abandonment of minor by person entrusted
crime? with his custody;
A: indifference of parents (art. 277)
1. offender has the custody of a child;
2. child is under 7 years of age; Art. 277. Abandonment of minor by
3. he abandons such child; person entrusted with his custody;
4. he has no intent to kill the child when indifference of parents. — The penalty
the latter is abandoned. of arresto mayor and a fine not
87 exceeding 500 pesos shall be imposed
upon anyone who, having charge of the
Q: What kind of abandonment is rearing or education of a minor, shall
contemplated by law? deliver said minor to a public
A: The abandonment contemplated by law is institution or other persons, without
not the momentary leaving of a child but the consent of the one who entrusted
the such child to his care or in the absence
of the latter, without the consent of
105 the proper authorities.
abandonment of such minor that deprives The same penalty shall be imposed
him of the care and protection from danger upon the parents who shall neglect
to his person. their children by not giving them the
education which their station in life
Q: Supposing there was intent to kill on require and financial conditions permit.
the part of the offender and the child
dies, what is the crime? Q: What are the elements of the crime
abandonment of minor by one charged
A: The crime would be murder, parricide, or with the rearing or education of said
infanticide, as the case may be. if the child minor?
does not die, it is attempted or frustrated A:
murder, parricide or infanticide, as the case a) Offender has charged of the rearing
may be. education of a minor;
  A.U. BLUE NOTES

b) He delivers said minor to a public EXPLOITATION OF MINORS (ART. 278)

institution or other persons;
c) One who entrusted such child to the Art. 278. Exploitation of minors. — The
offender has not consented to such penalty of prision correccional in its
act, or the one who entrusted such minimum and medium periods and a
child to the offender is absent, the fine not exceeding 500 pesos shall be
proper authorities have not imposed upon:
consented to it. 88
1. Any person who shall cause any
Q: What are the elements of the crime boy or girl under sixteen years of
indifference of parents? age to perform any dangerous
A: feat of balancing, physical
a) Offender is a parent; strength, or contortion.
b) He neglects his children by not giving 2. Any person who, being an
the education; acrobat, gymnast, rope-walker,
c) His station in life requires such diver, wild-animal tamer or
education and his financial condition circus manager or engaged in a
permits it. similar calling, shall employ in
exhibitions of these kinds
NOTE: Failure to give education must be children under sixteen years of
due to deliberate desire to evade such age who are not his children or
obligation. descendants.
3. Any person engaged in any of
Q: When does obligation to educate the callings enumerated in the
child terminates? next paragraph preceding who
shall employ any descendant of
A: When the mother and children refuse his under twelve years of age in
without good reason to live with the such dangerous exhibitions
accused. 4. Any ascendant, guardian,
teacher or person entrusted in
Q: What are the distinctions between any capacity with the care of a
abandonment of minor by person child under sixteen years of age,
entrusted with his custody; who shall deliver such child
indifference of parents (art. 277) and gratuitously to any person
abandoning a minor (art. 276) following any of the callings
A: enumerated in paragraph 2
Abandonment of Abandoning a hereof, or to any habitual
minor by person minor (art 26) vagrant or beggar.
entrusted with his
custody If the delivery shall have been
indifference of made in consideration of any
parents (art 277) price, compensation, or promise,
The custody of the the custody of the the penalty shall in every case
offender is specific minor is stated in be imposed in its maximum
that is, the custody general. period.
for the rearing or
education of the In either case, the guardian or
minor. 1 curator convicted shall also be
06 removed from office as guardian
minor is under 18 Minor is under 7 or curator; and in the case of the
years of age years of age. parents of the child, they may be
Minor is delivered to Minor is abandoned deprived, temporarily or
a public institution or in such a way as to perpetually, in the discretion of
other person deprive him of the the court, of their parental
care and protection authority.
that his tender years 5. Any person who shall induce any
need. child under sixteen years of age
to abandon the home of its
  A.U. BLUE NOTES

ascendants, guardians, curators, AGE- Must be below 16 years. at this age,

or teachers to follow any person the minor is still growing.
engaged in any of the callings
mentioned in paragraph 2 Q: What kind of business does art. 278
hereof, or to accompany any speak of?
habitual vagrant or beggar. A: Art. 278 contemplate a business that
generally attracts children so they
Q: What are the punishable acts? themselves may enjoy working there
A: unaware of the danger to their own lives
1. Causing any boy or girl 16 years of and limb, such as circuses.
age to perform any dangerous feat of
balancing, physical strength or Q: Suppose the employer is the parent
contortion, the offender being any or ascendant of the child who is
person. already 12 years of age, is there a
2. Employing children under 16 years of crime of exploitation of minors?
age who are not the children or A: The crime of exploitation of minors is not
descendants of the offender in committed if the employer is a parent or
exhibitions of acrobat, gymnast, rope ascendant unless the minor is less than 12
walker, diver, or wild animal tamer, years old.
the offender being an acrobat, etc.,
or circus manager or person engaged RATIO: Because if the employer is an
in similar calling. ascendant, the law regards that he would
3. Employing any descendant under 12 look after the welfare and protection of the
years of age in dangerous exhibitions child; hence, the age is lowered to 12 years.
enumerated in the next preceding below that age, the crime is committed.
paragraph, the offender being
engaged in any of the said callings. Q: What are the distinctions between
4. Delivering a child under 16 years of exploitation of minors (art. 278, par.5)
age gratuitously to any person if any and inducing a minor to abandon his
of the callings enumerated in home (art. 271)?
paragraph 2, or to any habitual A:
vagrant or beggar, the offender Exploitation of Inducing a minor
being an ascendant, guardian, minors to abandon his
teacher or person entrusted in any home
capacity with the care of such child. The purpose of No such person
5. Inducing any child under 16 years of inducing the minor
age to abandon the home of its to abandon the
ascendants, guardians, curators or home is to follow any
teachers to follow any person person engaged in
entrusted in any of the callings any of the calling 89
mentioned in paragraph 2 or to mentioned
accompany any habitual vagrant or Victim is under 16 Victim is a minor
beggar, the offender being any years of age (under 18 years of
person. age)

Q: What is the qualifying circumstance? Q: Correlate exploitation of minors to

A: If any of the punishable acts mentioned r.a 7610 (special protection of children
above is made in consideration of any price, against child abuse, exploitation and
compensation or promise, the penalty is discrimination act.)
higher. A:
Exploitation of RA 7610
107 minors
The offender is engaged in a kind of Applies to minors Applies to minors
business that would place the life or limb of below 16 years of below 18 years old.
the minor in danger, even though working age.
for him is not against the will of the minor. the business is of as long as the
such kind that would employment is
place the life or limb inimical –even
  A.U. BLUE NOTES

of the minor in though there is no (ART. 280)

danger, even though physical risk – and
working for him is detrimental to the Art. 280. Qualified trespass to
not against the will child’s interest dwelling. — Any private person who
of the minor. shall enter the dwelling of another
If the child fell and No such similar against the latter's will shall be
suffered physical provision exist under punished by arresto mayor and a fine
injury while Ra 7610 not exceeding 1,000 pesos.
working .the If the offense be committed by means
employer shall be of violence or intimidation, the penalty
liable for said shall be prision correccional in its
physical injuries in medium and maximum periods and a
addition to his fine not exceeding 1,000 pesos.
liability for The provisions of this article shall not
exploitation of be applicable to any person who shall
minor. enter another's dwelling for the
purpose of preventing some serious
harm to himself, the occupants of the
Q: Does the criminal liability for dwelling or a third person, nor shall it
neglect of child under article 59 (4) of be applicable to any person who shall
pd 603 attaches only if both parents enter a dwelling for the purpose of
are guilty of neglecting the child’s rendering some service to humanity or
education? justice, nor to anyone who shall enter
A: No. the law is clear. the crime may be cafes, taverns, inn and other public
committed by any parent. liability for the houses, while the same are open.
crime does not depend on whether the
other parent is also guilty of neglect. the law Q: What are the elements of this
intends to punish the neglect of any parent, crime?
which neglect corresponds to the failure to A:
give the child the education which the 1. Offender is a private person;
family’s station in life and financial condition 2. He enters the dwelling of another;
permit. the irresponsible parent cannot 3. Such entrance is against the latter’s
exculpate himself from the consequences of will.
his neglect by invoking the other parent’s
faithful compliance with his or her own Q: What is qualifying circumstance of
parental duties. this crime?
A: If the offense is committed by means of
De guzman’s position goes against the violence or intimidation, the penalty is
intent of the law. To allow the neglectful higher.
parent to shield himself from criminal
liability defeats the prescription that in all Q: What is a dwelling?
questions regarding the care, custody, A: A Dwelling is a place that a person
education and property of the child, his inhabits or any building or structure
welfare shall be the paramount exclusively devoted for rest and comfort. it
consideration. (robert p. de guzman v. includes the dependencies which have
hernando b. perez, et al., g.r. no. 156013, interior communication with the house. it is
25 july 2006). not necessary that it be a permanent
note: the “neglect of child” punished under dwelling of a person.
article 59(4) of pd 603 is also a crime
(known as “indifference of parents”) e.g.
penalized under the second paragraph of a) A person’s room in a hotel
article 277 of the revised penal code. hence, b) A Room where one resides as a
it is excluded from the coverage of ra 7610. boarder.

NOTE: In general, all members of the

108 household must be presumed to have
QUALIFIED TRESSPASS TO DWELLING authority to extend an invitation to enter
the house.
  A.U. BLUE NOTES

b. When the purpose of the offender in

Q: What is meant by the phrase entering is to render some service to
“against the will’? humanity or justice;
A: “Against the will” means that the c. Anyone who shall enter cafes,
entrance is either expressly or impliedly taverns, inns and other public houses
prohibited. while they are open.

Q: What are some of the instances Q: What are the distinctions between
where prohibition to enter a dwelling is trespass to dwelling and violation of
implied or presumed? domicile?
A: A:
a. Entering a dwelling of another at late Trespass to Violation of
hour of the night; dwelling domicile
b. When entrance is made through May be committed May be committed
means not intended for ingress; by any private only by a public
c. The existence of enmity or strained person who shall officer or employee
relations between the accused and enter the dwelling of and the violation
the occupant. another against the may consist of any
latter’s will of the three acts
90 mentioned in article
Q: What are the variant crimes that 128 –
may be committed when a person (1) entering the
trespasses a dwelling? dwelling against the
A: will of the owner
a. If the purpose in entering the without judicial
dwelling is not shown, trespass is order;
committed. (2) searching
b. If the purpose is shown, it may be papers or other
absorbed in the crime as in robbery effects found in such
with force upon things, the trespass dwelling without the
yielding to the more serious crime. previous consent of
c. But if the purpose is not shown and the owner thereof;
while inside the dwelling he was and
found by the occupants, one of (3) refusing to
whom was injured by him, the crime leave the dwelling
committed will be trespass to when so requested
dwelling and frustrated homicide, by the owner
physical injuries, or if there was no thereof, after having
injury, unjust vexation. surreptitiously
entered such
Q: May trespass to dwelling to dwelling.
committed by the owner of the house?
A: Yes, in cases where the owner has
allowed the rooms or the house to be rented OTHER FORMS OF TRESPASS (ART.
by other persons, trespass to dwelling is 281)
committed if the owner thereof enters the
room or house without the knowledge and Art. 281. Other forms of trespass. —
consent and against the will of the boarder The penalty of arresto menor or a fine
or tenant. not exceeding 200 pesos, or both, shall
be imposed upon any person who shall
Q: Under what circumstances the crime enter the closed premises or the
of trespass to dwelling is not fenced estate of another, while either
committed? or them are uninhabited, if the
A: prohibition to enter be manifest and
a. When the purpose of the entrance is the trespasser has not secured the
to prevent serious harm to himself, permission of the owner or the
the occupant or third persons; caretaker thereof.
109
  A.U. BLUE NOTES

Q: What are the elements of this attained his purpose, the penalty
crime? lower by two degrees shall be
A: imposed. If the threat be made
a. Offender enters the closed premises in
or the fenced estate of another;
b. Entrance is made while either of 110
them is uninhabited; b. writing or through a middleman,
c. Prohibition to enter is manifest; the penalty shall be imposed in
d. Trespasser has not secured the its maximum period.
permission of the owner or the c. The penalty of arresto mayor
caretaker thereof. and a fine not exceeding 500
pesos, if the threat shall not
NOTE: THIS IS ALSO CALLED “TRESPASS TO have been made subject to a
PROPERTY” condition.

Q: What are the distinctions between Q: What are the punishable acts?
trespass to dwelling and trespass to a: threatening another with the
property? infliction upon his person, honor or
A: property or that of his family of any
TRESPASS TO TRESPASS TO wrong amounting to a crime and:
DWELLING PROPERTY a. Demanding money or imposing any
Offender is a private Offender enters a other condition, even though not
person offender is dwelling house. unlawful, and the offender attained
any person. his purpose; or
Offender enters Place entered is b. The threat not being subject to a
closed premises or inhabited. place condition.
fenced estate. entered is c. Making such threat without the
uninhabited. offender attaining his purpose.
Act constituting the Act constituting the
crime is entering the crime is entering the Q: What is the essence of the crime?
dwelling against the closed premises or A: Intimidation. to constitute grave threats,
will of the owner. the fenced estate it must inspire terror or fear upon another. it
without securing the is characterized by moral pressure that
permission of the produces alarm.
owner or caretaker
thereof. NOTE: Act threatened to be committed
Prohibition to enter Prohibition to enter must be wrong or unlawful. (e.g.
is express or implied. must be manifest. Threatening to sue is not unlawful)

It is consummated as soon as the threats

GRAVE THREATS (ART. 282) come to the knowledge of the person
threatened.
Art. 282. Grave threats. — Any person
who shall threaten another with the It is not necessary that the offended party
infliction upon the person, honor or was present at the time the threats were
property of the latter or of his family of made.
any wrong amounting to a crime, shall G.r.: the threats made in connection with
suffer: the commission of other crimes, are
a. 1.The penalty next lower in absorbed by the latter.
degree than that prescribed by
law for the crime be threatened XPN: If the threat was made with the
to commit, if the offender shall deliberate purpose of creating in the mind of
have made the threat the person threatened the belief that the
demanding money or imposing threat would be carried into effect. in such
any other condition, even though case the crime is grave threats, and the
not unlawful, and said offender minor crime which accompanied it should be
shall have attained his purpose. disregarded.
If the offender shall not have
  A.U. BLUE NOTES

Q: What is a threat? done.

A: Threat is a declaration of an intention or
determination to injure another by the
commission upon his person, honor, or 111
property or upon that of his family of some Q: What are the distinctions between
wrong which may or may not amount to a threat and robbery?
crime. A:
Q: What is the difference between THREAT ROBBERY
grave threats and light threats? Intimidation is future Intimidation is actual
A: and conditional. and immediate.
GRAVE THREATS LIGHT THREATS Intimidation may be Intimidation is
When the wrong When the wrong through an personal.
threatened to be threatened to be intermediary.
inflicted amounts to inflicted does not May refer to the Refers to personal
a crime. amount to a crime. person, honor or property.
property.
Intent to gain is not There is intent to
Q: To constitute grave threats, what an essential element gain
must that refer to? The danger to the The danger involved
A: The threats must refer to a future wrong victim is not is directly imminent
and is committed by acts or through words instantly imminent to the victim and the
of such efficiency to inspire terror or fear nor the gain of the obtainment of gain
upon another. it is, therefore, characterized culprit immediate. immediate.
by moral pressure that produces
disquietude or alarm.
LIGHT THREATS (ART. 283)
Q: What is the penalty imposed if the
offender shall have attained his Art. 283. Light threats. — Any threat to
purpose and if the purpose is not commit a wrong not constituting a
attained? crime, made in the manner expressed
A: Penalty imposed in subdivision 1 of the next preceding
if the purpose is attained next lower in article, shall be punished by arresto
degree mayor.
if the purpose is not attained lower by Q: What are the elements of the crime
two degrees of light threats?
A:
If threats are made in writing or through a a. .Offender makes a threat to commit
middleman the maximum period because a wrong.
they manifest evident premeditation. b. The wrong does not constitute a
crime.
Q: Is threat to file criminal charge c. There is a demand for money or that
unlawful? other condition is imposed, even
A: No. there is nothing unlawful on the though lawful.
threat to sue. in art. 282, the threatened act d. Offender has attained or has not
must be a “wrong” and threatening to sue is attained his purpose.
not a “wrong”.
NOTE: Light threat is in the nature of
Q: What are the distinctions between blackmailing. The wrong threatened does
threat and coercion? not amount to a crime, coupled with a
A: demand for money or other conditions, even
THREAT COERCION though lawful.
Essence of threat is Essence of coercion
intimidation. is violence or Q: What are the two possible crimes
intimidation. involving blackmailing?
Wrong or harm done There is no condition A:
is future and involved; hence, 1. Light threats (article 283)
conditional. there is no futurity in
the harm of wrong
  A.U. BLUE NOTES

if there is no threat to publish any Here, the weapon must not be

libelous or slanderous matter against discharged
the offended party 2. Orally threatening another, in the
heat of anger, with some harm
Threatening to publish a libel (art. 356) constituting a CRIME, without
if there is such a threat to make a persisting in the idea involved in his
slanderous or libelous publication threat.
against the offended party
112
E.G. A person threatens to expose the
affairs of married man if the latter does not 3. Any threat made in a jest or in the
give him money. there is intimidation done heat of anger constitutes light threat
under a demand. only.
4. Orally threatening to do another any
Q: WHAT IS THE PENALTY FOR harm not constituting a felony.
THREATS?
Q: What is the nature of other light
A: In case of grave and light threats, the law threats?
imposes the penalty of bond for good A: It is not subject to a demand for money or
behavior. if the offender cannot post the any material consideration and the wrong
bond, he will be banished by way of threatened does not amount to a crime.
destierro to prevent him from carrying out
his threat. GRAVE COERCIONS (ART. 286)

OTHER LIGHT THREATS (ART. 285) Art. 286. Grave coercions. — The
penalty of arresto mayor and a fine not
Art. 285. Other light threats. — The exceeding 500 pesos shall be imposed
penalty of arresto menor in its upon any person who, without
minimum period or a fine not authority of law, shall, by means of
exceeding 200 pesos shall be imposed violence, prevent another from doing
upon: something not prohibited by law, or
1. Any person who, without being compel him to do something against
included in the provisions of the next his will, whether it be right or wrong.
preceding article, shall threaten If the coercion be committed for the
another with a weapon or draw such purpose of compelling another to
weapon in a quarrel, unless it be in perform any religious act or to prevent
lawful self-defense. him from so doing, the penalty next
2. Any person who, in the heat of higher in degree shall be imposed.
anger, shall orally threaten another
with some harm not constituting a Q: What are the punishable acts?
crime, and who by subsequent acts A:
show that he did not persist in the idea 1. Preventing another, by means of
involved in his threat, provided that violence, threat or intimidation, from
the circumstances of the offense shall doing something not prohibited by
not bring it within the provisions of law.
Article 282 of this Code. 2. Compelling another, by means of
3. Any person who shall orally threaten violence, threats OR intimidation, to
to do another any harm not do something against his will,
constituting a felony. whether it be right or wrong.
Q: WHAT ARE THE ELEMENTS OF GRAVE
Q: What are the punishable acts under COERCIONS?
art. 285? A:
a: 93
1. Threatening another with a weapon, 1. A person prevented another from
or by drawing such weapon in a doing something not prohibited by
quarrel, unless it is in lawful self- law, or that he compelled him to do
defense. something against his will; be it right
or wrong;
  A.U. BLUE NOTES

2. Prevention or compulsion be effected Q: When the property of a debtor is

by violence, threats or intimidation; seized, what variant crimes may
and result?
3. Person that restrained the will and A
liberty of another had not the 1) LIGHT COERCION – If By Means Of
authority of law or the right to do so. Violence, The Property Is Applied To
The Debt.
NOTE: Coercion is consummated even if the 113
offended party did not accede to the 2) ROBBERY – If the value of the
purpose of the coercion. property seized is greater than that
of the debt (intent to gain is present
The essence of coercion is an attack on in this case) and violence and
individual liberty. intimidation are employed.
3) ESTAFA – If there is no obligation on
Q: When can there be grave coercion? the part of the offended party but
was only feigned. there is estafa
A: because deceit is employed.
1. PREVENTIVE – The offender uses
violence to prevent the victim from Q: What distinguishes grave coercion
doing what he wants to do; and here, from unjust vexation?
the act prevented is not prohibited A:
by law. GRAVE COERCION UNJUST vexation
2. COMPULSIVE – The offender uses The act of The act was
violence to compel the offended preventing by force already done when
party to do what he does not want to must be made at the violence is exerted.
do. time the offended
party was doing or
The act compelled may or may not about to do the act
be prohibited by law. to be prevented.

Q: What kind of violence must be

employed in grave coercion? LIGHT COERCIONS (ART. 287)
A: The violence employed in grave coercion
must be immediate, actual or imminent. in Art. 287. Light coercions. — Any
the absence of actual or imminent force or person who, by means of violence,
violence, coercion is not committed. the shall seize anything belonging to his
essence of coercion is an attack on debtor for the purpose of applying the
individually liberty. same to the payment of the debt, shall
suffer the penalty of arresto mayor in
Q: Suppose a person prohibits another its minimum period and a fine
to do an act because the act is a crime, equivalent to the value of the thing,
and violence or intimidation is but in no case less than 75 pesos
employed, is there grave coercion? Any other coercions or unjust
A: there is no grave coercion because the vexations shall be punished by arresto
act from which a person is prevented from menor or a fine ranging from 5 pesos
doing is a crime. It may only give rise to to 200 pesos, or both.
threat or physical injuries, if some injuries
are inflicted. Q: What are the elements of light
coercion?
However, in case of grave coercion where A:
the offended party is being compelled to do a. Offender must be a creditor;
something against his will, whether it be b. He seizes anything belonging to his
wrong or not, the crime of grave coercion is debtor;
committed if violence or intimidation is c. Seizure of the thing be accomplished
employed in order to compel him to do the by means of violence or a display of
act. material force producing
intimidation;
  A.U. BLUE NOTES

Purpose of the offender is to apply the or objects other than the legal tender
same to the payment of the debt. currency of the laborer or employee.

NOTE: The first paragraph of art. 287 deals Q: What are the punishable acts?
deals with light coercions wherein violence A:
is employed by the offender who is a 1. Forcing or compelling, directly or
creditor in seizing anything belonging to the indirectly or knowingly permitting the
debtor for the purpose of applying the same forcing or compelling of the laborer
to the payment of the debt. or employee of the offender to
purchase merchandise or
In the other light coercions or unjust commodities of any kind from him.
vexation embraced in the second 114
paragraph, violence is absent.
Elements:
Taking possession of the thing belonging to a. Offender is any person, agent or
the debtor, through deceit and officer of any association or
misrepresentation, for the purpose of corporation;
applying the same to the payment of debt, b. He or such firm or corporation has
is unjust vexation under the 2nd paragraph employed laborers or employees;
of art. 287. c. He forces or compels, directly or
indirectly, or knowingly permits to be
Q: WHAT IS UNJUST VEXATION? forced or compelled, any of his or its
A: Unjust vexation is any act committed laborers or employees to purchase
without violence, but which unjustifiably merchandise or commodities of any
annoys or vexes an innocent person. kind from him or from said firm or
corporation.
Q: What is the purpose of the law for
penalizing coercion and unjust 2. Paying the wages due his labor or
vexation? employee by means of tokens or
A: To enforce the principle that no person objects other than the legal tender
may take the law into his hands and that currency of the philippines, unless
our government is one of laws, not of men. expressly requested by such laborer
or employee.
COMPULSORY PuRCHASE OF
MERCHANDISE AND PAYMENT OF Elements:
WAGES BY MEANS OF TOKENS a. .Offender pays the wages due a
(ART. 288) laborer or employee employed by
him by means of tokens or
Art. 288. Other similar coercions; object;
(Compulsory purchase of merchandise b. Those tokens or objects are other
and payment of wages by means of than the legal currency of the
tokens.) — The penalty of arresto philippines;
mayor or a fine ranging from 200 to c. Such employee or laborer does
500 pesos, or both, shall be imposed not expressly request that he be
upon any person, agent or officer, of paid by means of tokens or
any association or corporation who objects.
shall force or compel, directly or
indirectly, or shall knowingly permit NOTE: The use of tokens, promissory notes,
any laborer or employee employed by vouchers, coupons, or any other form
him or by such firm or corporation to alleged to represent legal tender is
be forced or compelled, to purchase absolutely prohibited even when expressly
merchandise or commodities of any requested by the employee.
kind.
FORMATION, MAINTENANCE, AND
The same penalties shall be imposed PROHIBITION OF COMBINATION OF
upon any person who shall pay the CAPITAL OR LABOR THROUGH
wages due a laborer or employee VIOLENCE OR THREATS (ART. 289)
employed by him, by means of tokens
  A.U. BLUE NOTES

Art. 289. Formation, maintenance and A:

prohibition of combination of capital or a. Offender is a private individual or
labor through violence or threats. — even a public officer not in the
The penalty of arresto mayor and a fine exercise of his official function;
not exceeding 300 pesos shall be b. He seizes the papers or letters of
imposed upon any person who, for the another;
purpose of organizing, maintaining or c. Purpose is to discover the secrets of
preventing coalitions or capital or such another person;
labor, strike of laborers or lock-out of d. Offender is informed of the contents
employees, shall employ violence or of the papers or letters seized.
threats in such a degree as to compel
or force the laborers or employers in NOTE: This is a crime against the security of
the free and legal exercise of their one’s papers and effects. The purpose must
industry or work, if the act shall not be to discover its effects. The act violates
constitute a more serious offense in the privacy of communication.
accordance with the provisions of this
Code. 115

Q: What are the elements of this It is not necessary that t he offender should
crime? actually discover the contents of the letter.
A:
a. Offender employs violence or Prejudice to the offended party is not an
threats, in such a degree as to element of the offense.
compel of force the laborers or It is not applicable to parents, guardians, or
employers in the free and legal persons entrusted with the custody of
exercise of their industry or work; minors with respect to papers or letters of
b. Purpose is to organize, maintain or the children or minors placed under their
prevent coalitions of capital or labor, care or custody, or to spouses with respect
strike of laborers or lockout of to the papers or letters of either of them.
employers.
Q: What is the qualifying circumstance
DISCOVERING SECRETS THROUGH of this crime?
SEIZURE OF CORRESPONDENCE (ART. A: When the offender reveals the contents
290) of such paper or letters of another to a 3rd
Art. 290. Discovering secrets through person.
seizure of correspondence. — The
penalty of prision correccional in its REVEALING SECRETS WITH ABUSE OF
minimum and medium periods and a OFFICE (ART. 291)
fine not exceeding 500 pesos shall be
imposed upon any private individual Art. 291. Revealing secrets with abuse
who in order to discover the secrets of of office. — The penalty of arresto
another, shall seize his papers or mayor and a fine not exceeding 500
letters and reveal the contents thereof. pesos shall be imposed upon any
If the offender shall not reveal such manager, employee, or servant who, in
secrets, the penalty shall be arresto such capacity, shall learn the secrets of
mayor and a fine not exceeding 500 his principal or master and shall reveal
pesos. such secrets.
The provision shall not be applicable
to parents, guardians, or persons Q: What are the elements of this
entrusted with the custody of minors crime?
with respect to the papers or letters of A:
the children or minors placed under a. Offender is a manager, employee or
their care or study, nor to spouses with servant;
respect to the papers or letters of b. He learns the secrets of his principal
either of them. or master in such capacity;
c. He reveals such secrets.
Q: What are the elements of this
crime? 95 ILLUSTRATION:
  A.U. BLUE NOTES

An employee, manager, or servant who Damage or prejudice to the owner is a

came to know of the secret of his master or necessary element.
principal in such capacity and reveals the One who merely copies their machines from
same shall also be liable regardless of those already existing and functioning
whether or not the principal or master cannot claim to have a business secret,
suffered damages. must less, a discovery within the
contemplation of article 292.
If The Matter Pertains To The Business Of
The Employer Or master, damage is TITLE TEN
necessary and the agent, employee or
servant shall always be liable. CRIMES AGAINST PROPERTY

RATIO: No one has a right to the personal ROBBERY (ART. 293)

privacy of another. Art. 293. Who are guilty of robbery. —
Any person who, with intent to gain,
Q: What is the essence of this crime? shall take any
A: The essence of this crime is that the
offender learned of the secret in the course 116
of his employment. he is enjoying a personal property belonging to
confidential relation with the employer or another, by means of violence or
master so he should respect the privacy of intimidation of any person, or using
matters personal to the latter. force upon anything shall be guilty of
robbery.
REVELATION OF INDUSTRIAL SECRETS
(ART. 292) Q: What is robbery?
A: Robbery is the taking of personal
Art. 292. Revelation of industrial property belonging to another, with intent to
secrets. — The penalty of prision gain, by means of violence, against, or
correccional in its minimum and intimidation of any person or using force
medium periods and a fine not upon anything. 96
exceeding 500 pesos shall be imposed
upon the person in charge, employee Q: What are the classes of robbery?
or workman of any manufacturing or
industrial establishment who, to the A:
prejudice of the owner thereof, shall a. Robbery with violence against of
reveal the secrets of the industry of intimidation of persons. (art. 294,
the latter. 297 and 298)
b. Robbery by the use of force upon
Q: What are the elements of this things (art. 299, 302).
crime?
A: Q: What are the elements of robbery in
a. Offender is a person in charge, general?
employee or workman of a A:
manufacturing or industrial a. There is personal property belonging
establishment; to another;
b. Manufacturing or industrial b. There is unlawful taking of that
establishment has a secret of the property;
industry Which the offender has c. Taking must be with intent to gain;
learned; and
c. Offender reveals such secrets; d. There is violence against or
d. Prejudice is caused to the owner. intimidation of any person, or force
upon anything.
NOTE: A business secret must not be known
to other business entities or persons. It is a NOTE: Where violence or intimidation and
matter to be discovered, known and used by force upon things are both present in the
and must belong to one person or entity commission of the robbery, the violence or
exclusively. intimidation is controlling element.
  A.U. BLUE NOTES

their bladed weapons. The victim was able

RATIO: Robbery characterized by violence to flee from the vehicle without anything
or intimidation against the person is being taken from him. bocalan and his
evidently graver than ordinary robber confederates commenced by overt acts the
committed by the force upon things. execution of the robbery, but failed to
perform all the acts of execution by reason
NOTE: Violence or intimidation upon of the victim’s resistance. Hence, bocalan
persons may result in death or mutilation or and his co-conspirators are guilty only of
rape or serious physical injuries. attempted robbery with homicide. (people
vs. Bocalan et. al. g.r. no. 141527.
Robberies committed in different houses september 4, 2003)
constitute separate crimes of robbery.
Q: Posing as a detective in the manila
But if the robberies are committed upon police and flashing a police badge,
different victims on the same occasion and Jose, jobless and without any known
in the same PLACE, only one robbery is address and occupation, told manding
committed as the robberies are mere and liling, who were then sitting in a
incidents of a single criminal intent. dark corner in the luneta
Q: what is the meaning of “unlawful
taking”? 117
A: “unlawful taking” means appropriating a park, that he was placing them to the
thing belonging to another and placing it police station for booking. Manding
under one’s control and possession. and Liling protested, saying that they
were merely enjoying the evening
Q: When is “unlawful taking” alone, as they were sweethearts and
complete? both gainfully employed. Jose told
A: them that they can give their
a. As to robbery with violence against explanations at the police station. not
or intimidation of persons – from the wanting to be bothered and
moment the offender gains embarrassed, Manding offered Jose
possession of the thing, even if the p200.00 to let them go. Jose agreed,
culprit has had no opportunity to got the MONEY, and left. explain
dispose of the same, the unlawful whether under the facts given Jose
taking is complete. committed any crime.
b. As to robbery with force upon things
– the thing must be taken out of the A: Jose is liable for robbery. by posing as a
building/premises to consummate detective with a police badge, telling
the crime. Manding and Liling, who were sitting in a
dark corner in Luneta park that they would
Q: When is robbery consummated? be placed under arrest for Vageancy and
A: There must be incontrovertible proof that brought to the police station for booking and
property was taken from the victim bocalan by not listening to the explanation of
is guilty of attempted robbery only when he Manding and Liling that they were
commenced the commission of robbery sweethearts and gainfully employed which
directly by overt acts and did not perform all Jose said they could explain in the police
the acts and did not perform all the acts of station, created fear in the mind of the
execution which would produce robbery by couple or a sense of mental distress in view
reason of some causes or accident other of the risk or evil or embarrassment that is
than his own spontaneous desistance. impending. this fear continued in the mind
of the offended parties when they offered
ILLUSTRATION: the p200 to Jose which he accepted and
In this case, tuklaw demanded from the then received the money. (1987 bar
victim, “tol, pera-pera lang ito, dahil question)
kailangan lang”. The victim refused to part
with his earnings and resisted. he even tried Q: A, B, C, D, AND E were in a
to get out of the taxicab but tuklaw pulled beerhouse along mcarthur highway
him back and stabbed him. bocalan, et al. having a drinking spree. At about 1
followed suit and atabbed the victim with o’clock in the morning, they decided to
  A.U. BLUE NOTES

leave and so asked for the bill. They injuries penalized in subdivision
decided to leave and so asked for the 1 of Article 263 shall have been
bill. They pooled their money together inflicted; Provided, however,
but they were still short of p2, 000.00. that when the robbery
E then orchestrated a plan whereby a, accompanied with rape is
b, c and d would go out, flag a taxicab committed with a use of a deadly
and rob the taxi driver of all his money weapon or by two or more
while e would wait for them in the persons, the penalty shall be
beerhouse. A, b, c and d agreed. All reclusion perpetua to death (As
armed with balisongs, a, b, c and d amended by PD No. 767).
hailed the first taxicab they 3. The penalty of reclusion
encountered. After robbing x, the temporal, when by reason or on
driver, of his earings, which amounted occasion of the robbery, any of
to p1,000.00 only, they needed the physical injuries penalized in
p1,000.00 more to meet their bill. So, subdivision 2 of the article
they decided to hail another taxicab mentioned in the next preceding
and they again robbed driver y of his paragraph, shall have been
hard-earned money amounting to inflicted.
p1,000.00. on their way back to the 4. The penalty of prision mayor in
beerhouse, they were apprehended by its maximum period to reclusion
a police team upon the complaint of x. temporal in its medium period, if
the driver of the first cab. they pointed the violence or intimidation
to b as the mastermind. what crime or employed in the commission of
crimes, if any, did a,b,c,d and e the robbery shall have been
commit? explain fiully. carried to a degree clearly
unnecessary for the commission
A: A, B, C, D AND E are liable for two (2) of the crime, or when the course
counts of trobbery under article 294 of the of its execution, the offender
revised penal code; not for highway robbery shall have
under pd 532. The offenders are not
brigands but only committed the robbery to 118
raise money to pay their bill because it 5. inflicted upon any person not
happened that they were short of money to responsible for its commission
pay the same. (2000 bar question). any of the physical injuries
covered by sub-divisions 3 and 4
ROBBERY WITH VIOLENCE AGAINST of said Article 23.
FOR INTIMIDATION OF PERSONS (ART. 6. The penalty of prision
294) correccional in its maximum
period to prision mayor in its
Art. 294. Robbery with violence medium period in other cases.
against or intimidation of persons; (As amended by R. A. 18).
Penalties. — Any person guilty of
robbery with the use of violence Q: What are the punishable acts under
against or intimidation of any person Art. 294?
shall suffer: A:
1. The penalty of reclusion 1. When by reason or on occasion of
perpetua to death, when by the robbery the crime of homicide is
reason or on occasion of the committed.
robbery, the crime of homicide
shall have been committed. 2. When the robbery is accompanied
2. The penalty of reclusion by:
temporal in its medium period to
reclusion perpetua when the a) Rape or
robbery shall have been b) intentional mutilation or
accompanied by rape or c) arson.
intentional mutilation, or if by
reason or on occasion of such
robbery, any of the physical
  A.U. BLUE NOTES

3. When by reason or on occasion of The crime of robbery with homicide is a

such robbery, any of the physical special complex crime or a single indivisible
injuries resulting in: crime.
All the killings are merged in the composite
a) Insanity; integrated whole that is, robbery with
b) Imbecility; homicide.
c) Impotency or
d) Blindness is inflicted. The killings must have been perpetrated by
reason or on the occasion of robbery.
4. When by reason or on occasion of
robbery, any of the physical injuries NOTE: The term “homicide” is used in the
resulting in: generic sense; it embraces all form of
killing.
a) The loss of the use of speech or
b) The power to hear or to smell, or As long as the homicide resulted, during, or
c) The loss of an eye, a hand, a because of the robbery, even if the killing is
foot, an arm or a leg or by mere accident, robbery with homicide is
d) The loss of the use of any of committed.
such member or
e) Incapacity for the work in which If aside from homicide, rape or physical
the injured person is theretofore injuries are also committed by reason or on
habitually engaged is inflicted. the occasion of the robbery, the rape or
physical injuries are considered aggravating
5. If the violence or intimidation circumstances in the crime of robbery with
employed in the commission of the homicide.
robbery is carried to a degree clearly
unnecessary for the commission of Whenever a homicide has been made a
the crime. consequence of or on the occasion of a
6. When in the course of its execution, robbery, all those who took part as
the offender shall have inflicted upon principals in the commission of the crime
any person not responsible for the will also be guilty as principals in the special
commission of the robbery any of the complex
physical injuries in 11
consequence of which the person 9
injured: crime of robbery with homicide although
a. Becomes deformed or they did not actually take part in the
b. Loses any other member of his homicide unless it clearly appeared that
body or they endeavored to prevent the homicide.
c. Loses the use thereof or
7. Becomes ill or incapacitated for the Q: Should there be intent to kill?
performance of the work in which he
is habitually engaged for more than A: In robbery with homicide, the law does
90 days or not require that the homicide be committed
with intent to kill, the crime exists even
IF THE VIOLENCE EMPLOYED BY THE though there is no intention to commit
OFFENDER DOES NOT CAUSE ANY OF THE homicide.
SERIOUS PHYSICAL INJURIES DEFINED IN
ART. 263, OR IF THE OFFENDER EMPLOYS Robbery with homicide is committed even if
INTIMIDATION ONLY. the death supervenes by mere accident as
the homicide resulted by reason of or on the
ROBBERY WITH HOMICIDE (PAR. 1) occasion of robbery and it is immaterial if
the homicide is before, during or after the
Q: What is robbery with homicide? robbery.
A: If death results or even accompanies a
robbery, the crime will be robbery with ILLUSTRATION:
homicide provided that the robbery and the Where the act of killing was done to defend
homicide are consummated. the possession of a stolen property even if
the said killing was perpetrated after the
  A.U. BLUE NOTES

robbers were on their way to escape, the Note: in robbery with homicide, the band or
crime is robbery with homicide as the uninhabited place is only a generic
homicide was perpetrated by reason of the aggravating circumstance. It will not qualify
robbery. (people vs. Lara, 227 scra 668) the crime to a higher degree of penalty.

On the other hand, as long as there was Q: A, hired assassin, shot b, and when
killing when robbery was taking place, about to leave the scene, saw the
robbery with homicide was committed, the watch of b and forcibly took the same.
killing occurring on the occasion thereof. a, with a gun in his hand, shot to death
b, who was trying to get back the
Q: Should intent to commit robbery watch. what crime was committed?
precede the killing?
A: Yes, the intent to commit robbery must A: even if the killing is merely incidental, the
precede the taking of human life in robbery crime is still robbery with homicide.
with homicide. the offender must have the People vs. Bolinget, et. Al (g.r. Nos. 137949-
intent to take personal property before the 52, december 11, 2003)
killing.
Well-entrenched in jurisprudence is the
ILLUSTRATION: doctrine that when homicide takes place as
Thus, A Member Of The “Agaw-Armas” a consequence or on the occasion of a
Gand Whose Plan And Design Is To Rob A robbery, all those who took part in the
Policeman Of His Service Revolver, But robbery are guilty as principals in the
Because He Fears That Said Policeman May complex crime of robbery with homicide,
Beat Him To Draw, First Shoots The even if they did not actually take part in the
Policeman Fatally And Only After When The homicide. The exception is when it is clearly
Latter Lies Dead, Does He Get The Gun – shown that the accused endeavored to
The Crime Is Still Considered Robbery With prevent the unlawful killing.
Homicide. In the case at bar, the lack of direct
evidence on how the homicides were
Q: Suppose the victims were killed, not committed matters little. The circumstantial
for the purpose of committing robbery evidence leaves scant doubt on the part and
and the idea of taking the money and participation of the appelants.
other personal property of the victims 120
was conceived by the culprits only Again, we reiterate the well-settled rule that
after killing; is this case of robbery as long as homicide resulted during, or
with homicide? because of the robbery, even if the killing is
A: no, because the intention of the by mere accident, the crime of robbery with
perpetrators is really to kill the victim and homicide is committed.
robbery came only as an afterthought. The
perpetrators are liable for two separate As we repeatedly explain, it is enough that
crimes of robbery and homicide or murder, death results by reason or on the occasion
as the case may be. of the robbery inasmuch as it is only the
result obtained that is necessary, without
Note: there is no crime of robbery in band reference or distinction as to the
with murder or robbery with homicide in circumstances, causes, modes, or persons
band or robbery with multiple homicides. intervening in the commission of the crime.

If on the occasion of the robbery with Q: Is there a crime of robbery with

homicide, robbery with force upon things multiple homicide?
was also committed, you will not have only A: There is no crime of robbery with multiple
one robbery with homicide and robbery with homicide under the revised penal code. The
force upon things. crime is robbery with homicide
notwithstanding the number of homicides
Ratio: because robbery with violence or committed on the occasion of the robbery
intimidation upon persons is a separate and even if murder, physical injuries and
crime from robbery with force upon things. rape were also committed on the same
occasion. (people vs. Hijada et. Al., g.r.. No.
123696, march 11,2004)
  A.U. BLUE NOTES

of execution, a cause or reason other than

Q: Jervis and marlon asked their friend, their spontaneous desistance. (2007 bar
jonathan, to help them rob a bank. question).
Jervis and marlon went inside the bank,
but were unable to get any money from Q: victor, ricky. Rod and ronnie went to
the vault because the same was the store of mang pandoy. Victor and
protected by a time-delay mechanism. ricky enter the store while rod and
They contented themselves with the ronnie posted themselves at the door.
customers’ cellphones and a total of After ordering beer, ricky complained
p5, 000 in cash. After they dashed out that he was shortchanged although
of the bank and rushed into the car, mang pandoy vehemently denied it.
kjonathan pulled the car out of the Suddenly ricky whipped out a knife as
curb, hitting a pedestrian who resulted he announced “hold-up ito!” And
in the latter’s death. What crime or stabbed mang pandoy to death. Rod
crimes did jervis, marlon and jonathan boxed the store’s salesgirl lucy to
commit? Explain your answer. prevent her from helping mang
pandoy. When lucy ran out of store to
A: Assuming the acts were attended by the seek help from people next door she
use of force and intimidation in robbing the was chased by ronnie. As soon as ricky
bank, jonathan, marlon and jervis had stabbed mang pandoy, victor
committed the special complex crime of scooped up the money from the cash
attempted robbery with homicide. The box then victor and ricky dashed to the
subsequent running-over of the pedestrian street and shouted “tumakbo na
in the course of their escape was by reason kayo!” Rod was 14 and ronnie was 17.
or on occasion of the robbery, thereby The money and other articles looted
qualifying the crime as attempted robbery
with homicide. Having acted in conspiracy from the store of mang pandoy were
with jervis and marlon, jonathan should also later found in the houses of victor and
be charged with attempted robbery with ricky.
homicide. 1. Discuss fully the criminal liability
of victor, ricky, and ronnie.
On the other hand, the taking of the 2. Are the minors rod and ronnie
cellphones and p5, 000 from the customers entitled to suspended sentence
are the separate acts of jervis and marlon, under the child and youth
and do not involve jonathan as it was not welfare code? Explain.
part of their original agreement. Jervis and
marlon should be charged for the crime of A:
robbery. 121
1. All are liable for the special complex
ALTERNATIVE ANSWER: crime of robbery with homicide the
acts of ricky in stabbing mang
As the facts do not indicate any weapons or pandoy to death, of rod in boxing
use of force or intimidation jervis and the salesgirl to prevent her from
marlon can only be charged with theft for helping mang pandoy, of ronnie in
the taking of cellphones and p5, 000 from chasing the salesgirl to prevent her
the customers, jonathan is solely liable for in seeking help, of victor in scooping
reckless imprudence resulting in homicide up money from the cash box, and of
for the killing of the pedestrian. ricky and victor in dashing to the
street and announcing the escape,
Jervis, marlon and jonathan can be charged are all indicative of conspiracy.
as co-principals for attempted theft in their The rule is settled that when
failed effort to take money from the vault, homicide takes place as a
pursuant to their conspiracy. It is possible consequence or on the occasion of a
that the vault could have been left open robbery, all those who took part in
during the business hours of the bank. the robbery are guilty as principals
However, at the time of the commencement of the crime of robbery with
of the crime the time delay mechanism homicide, unless the accused tried
prevented them from performing all the acts
  A.U. BLUE NOTES

to prevent the killing. (people vs. or after the robbery. it is enough that the
Baello, 224 scra 218). robbery must not be a mere accident or
afterthought.
Further, the aggravating
circumstance of craft could be ILLUSTRATION:
assessed against the accused for Where 6 accused enter the house of the
pretending to be customers of mang offender party, brandishing firearms and
pandoy. knives and after ransacking the house of
money and jewelry brought the offended
Although rod is only 14 years old, his party out of the house to a grassy place
act of boxing lucy to prevent her where she was ordered to undress and
from helping mang pandoy is a clear although she was able to run away, was
sigh of discernment, thus he cannot chased and caught, and thereafter raped by
invoked exemption from criminal all of the accused, the latter committed
liability under art, 12, par. 3, rpc. robbery with rape. (people vs. Villagracia,
Rod and ronnie are, however, et, al. 226 scra 374).
entitled to two and one degrees However, if the 2 crimes were separated
lower, respectively from the penalty both by time and space, there is no complex
of the principal under art. 68. Rpc. crime of robbery with rape.

2. No, because the benefits of Q: Together xa, yb and zc planned to

suspension of sentence is not rob miss od. They entered her house by
available where the youthful breaking one of the windows in her
offender has been, convicted of an house. After taking her personal
offense punishable by life properties and as they were about to
imprisonment or death, pursuant to leave, xa decided on impulse to rape
p.d. No. 603, art. 192. The complex od. As xa was molesting her, yb and zc
crime of robbery with homicide is stood outside the door of her bedroom
punishable by reclusion perpetua to and did nothing to prevent xa from
death under art. 294 (1), rpc (people raping od. What crime or crimes did xa,
vs. Galit 230 scra 486). (1995 bar yb and zc commit, and what is the
question) criminal liability of each? Explain
briefly.
ROBBERY WITH RAPE (PAR.2)
A: the crime committed by XA, YB and ZC is
Q: What is the crime of robbery with the composite crime of robbery with rape, a
rape? single, indivisible offense under art. 294 (1)
A: the crime of robbery with rape is a crime of the revised penal code.
against property which is a single indivisible Although the conspiracy among the
offense. The rape accompanies the robbery. offenders was only to commit robbery and
In this case where rape and not homicide is only XA
committed, there is only a crime of robbery 12
with rape if both the robbery and the rape 2
are consummated. raped cd, the other robbers, YB and ZC,
were present and aware of the rape being
If during the robbery, attempted rape were committed by their co-conspirator. Having
committed, two separate crimes of robbery done nothing to stop XA from committing
and attempted rape would be committed. the rape, YB and ZC thereby concurred in
the commission of the rape by their co-
The intention must be to commit robbery conspirator XA.
and even if the rape is committed before
the robbery, robbery with rape is The criminal liability of all, xa, yz and zc,
committed. shall be the same, as principals in the
special complex crime of robbery with rape
Q: Does the criminal intent to gain which is a single, indivisible offense where
precede the intent to rape? the rape accompanying the
A: Yes. the law does not distinguish robbery is just a component. (2004 bar
whether rape was committed before, during question)
  A.U. BLUE NOTES

A: Yes, it is essential that robbery precedes

ROBBERY WITH PHYSICAL INJURIES the arson, as in the case of rape and
intentional mutilation, because the
Q: Should the physical injuries be amendment included arson among the rape
serious? and intentional mutilation which have
accompanied the robbery.
A: Yes, to be considered as much, the
physical injuries must always be serious. Arson has been made a component only of
robbery with violence against or intimidation
If the physical injuries are only less serious of persons but not of robbery by the use of
or slight, they are absorbed in the robbery. force upon things.
The crime becomes merely robbery.
Hence, if the robbery was by the use of
But if the less serious physical injuries were force upon things and therewith arson was
committed after the robbery was already committed, two distinct crimes are
consummated, there would be a separate committed.
charge for the less serious physical injuries.
It will only be absorbed in the robbery if it OTHER CASES OF SIMPLE ROBBERY
was inflicted in the course of the execution (PAR. 5)
of the robbery. The same is true in the case
of slight physical injuries. Any kind of robbery with less serious
physical injuries or slight physical injuries
Q: Suppose a gang robbed a mansion falls under this specie of robbery.
in forbes park, on the occasion of the
robbery, physical injuries were inflicted E.G.
on the household members. The
robbers also detained the children to 1. Snatching money from the hands of
compel their parents to come out with the victim and pushing her as a
the money. What crime/s is/are result of which her skirt was torn and
committed by the robbers? she fell on the ground;
A: the detention was a necessary means to 2. Grabbing a pawnshop ticket and
facilitate the robbery. Thus, the offenders intimating the victim with a
will be held liable for the complex crimes of revolverbut where there is no
robbery with serious physical injuries and violence exerted to accomplish the
serious illegal detention. snatching, the crime committed is
not robbery but simple theft.
But if the victims were detained because of
the timely arrival of the police, such that the There is sufficient intimidation where the
offenders had no choice but to detain the acts of the offender inspired fear upon the
victims as hostages in exchange for their victim although the accused was not armed.
safe passage, the detention is absorbed by 123
the crime of robbery and is not treated as a
separate crime. ROBBERY WITH PHYSICAL INJURIES,
COMMITTED IN UNINHABITED PLACE
Robbery with arson (ra 7659) AND BY A BAND, OR WITH THE USE OF
The composite crime would only be FIREARM ON A STREET, ROAD OR
committed if the primordial intent of the ALLEY (ART. 295)
offender is to commit robbery and there is
no killing, rape, or intentional mutilation Art. 295. Robbery with physical
committed by the offender during the injuries, committed in an uninhabited
robbery. Otherwise, the crime would be place and by a band, or with the use of
robbery with homicide, or robbery with rape, firearm on a street, road or alley. — If
or robbery with intentional mutilation, in the offenses mentioned in subdivisions
that order and the arson would only be an three, four, and five of the next
aggravating circumstance. preceding article shall have been
committed in an uninhabited place or
Q: Should Robbery Precede Arson? by a band, or by attacking a moving
train, street car, motor vehicle or
  A.U. BLUE NOTES

airship, or by entering the passenger's Note: in robbery by a band, proof of

compartments in a train or, in any conspiracy is not required.
manner, taking the passengers thereof
by surprise in the respective ATTEMPTED AND FRUSTRATED
conveyances, or on a street, road, ROBBERY COMMITTED UNDER CERTAIN
highway, or alley, and the intimidation CIRCUMSTANCES (ART. 297)
is made with the use of a firearm, the
offender shall be punished by the Art. 297. Attempted and frustrated
maximum period of the proper robbery committed under certain
penalties. circumstances. — When by reason or
In the same cases, the penalty next on occasion of an attempted or
higher in degree shall be imposed upon frustrated robbery a homicide is
the leader of the band committed, the person guilty of such
offenses shall be punished by reclusion
Q: What are the qualifying temporal in its maximum period to
circumstances of this crime? reclusion perpetua, unless the
A: IF COMMITTED: homicide committed shall deserve a
1. In an in uninhabited place, or higher penalty under the provisions of
2. By a band, or this Code.
3. By attacking a moving train, street
car, motor vehicle, or airship, or Q: Where does this article apply?
4. By entering the passengers A: it applies when a homicide is committed
compartments in a train, or in any on the occasion of an attempted or
manner taking the passengers frustrated robbery.
thereof by surprise in the respective
conveyances, or 102 The term “homicide” is used in a generic
5. On a street, road, highway or alley, sense includes murder, parricide and
and the intimidation is made with the infanticide.
use of firearms, the offender shall be
punished by the maximum periods of EXECUTION OF DEEDS BY MEANS OF
the proper penalties prescribed in VIOLENCE OR INTIMIDATION (ART. 298)
art. 294.
Art. 298. Execution of deeds by means
ROBBERY COMMITTED BY A BAND (ART. of violence or intimidation. — Any
296) person who, with intent to defraud
Q: When is robbery committed by a another, by means of violence or
band? intimidation, shall compel him to sign,
execute or deliver any public
A: when at least 4 armed malefactors take instrument or documents, shall be held
part in the commission of a robbery, it is guilty of robbery and punished by the
deemed committed by a band. penalties respectively prescribed in
this Chapter.
If any arm used be unlicensed firearm, the
penalty imposed upon all the malefactors Q: WHAT ARE THE ELEMENTS OF THIS
shall be the maximum of the corresponding CRIME?
penalty provided by law, without prejudice A:
to the criminal liability for illegal possession 1. Offender has intent to defraud
of such firearms. This is a special another; 124
aggravating circumstance applicable only in 2. Offender compels him to sign,
a case of robbery in band. execute, or deliver any public
instrument or document;
Any member of the band, who was present 3. Compulsion is by means of violence
at the commission of a robbery by the band, or intimidation.
shall be punished as principal of any of the
assaults committed by the band, unless it is NOTE: Applies Even If The Document
shown that he attempted to prevent the Signed, Executed Of Delivered Is A Private
same. Or Commercial Document.
  A.U. BLUE NOTES

Q: What distinguishes execution of

deeds by means of violence or When the offenders do not carry arms,
intimidation and coercion? and the value of the property taken
A: exceeds 250 pesos, the penalty next
Execution of Grave coercion lower in degree shall be imposed.
deeds The same rule shall be applied when
There is intent to No intent to gain. the offenders are armed, but the value
gain. of the property taken does not exceed
Fear is produced by Fear is produced in 250 pesos.
threatening to cause the mind of the
an evil or damage offended party in When said offenders do not carry arms
which is immediate. order to obtain and the value of the property taken
something from him does not exceed 250 pesos, they shall
be threatening to suffer the penalty prescribed in the
cause him an evil or two next preceding paragraphs, in its
damage which is not minimum period.
immediate but If the robbery be committed in one of
remote. the dependencies of an inhabited
house, public building, or
buildingdedicated to religious worship,
ROBBERY IN AN INHABITED HOUSE OR the penalties next lower in degree than
PUBLIC BUILDING OR EDIFICE DEVOTED those prescribed in this article shall be
TO WORSHIP (ART. 299) imposed.

Art. 299. Robbery in an inhabited Q: What are the elements of the 1st
house or public building or edifice kind of robbery with force upon things
devoted to worship. — Any armed under art. 299?
person who shall commit robbery in an A:
inhabited house or public building or 1. Offender entered an inhabited
edifice devoted to religious worship, house, or public building, or edifice
shall be punished by reclusion devoted to religious worship;
temporal, if the value of the property 2. Entrance was effected by any of the
taken shall exceed 250 pesos, and if: following means:
2.1. Through an opening not
(a) The malefactors shall enter the intended for entrance of
house or building in which the robbery egress
was committed, by any of the following 2.2. By breaking any wall, roof or
means: breaking any door or
window;
1. Through a opening not intended for 2.3. By using false keys, picklocks
entrance or egress. or similar tools, or
2. By breaking any wall, roof, or floor 2.4. By using any fictitious name
or breaking any door or window. or pretending the exercise of
3. By using false keys, picklocks or public authority.
similar tools. 3. Once inside the building, the
4. By using any fictitious name or offender took personal property
pretending the exercise of public belonging to another with intent to
authority.Or if — gain.

(b) The robbery be committed under Q: Define the following:

any of the following circumstances: a) Force upon things
b) Inhabited house
1. By the breaking of doors, wardrobes, 125
chests, or any other kind of locked or c) Public building
sealed furniture or receptacle; d) Dependencies
2. By taking such furniture or objects e) False keys
to be broken or forced open outside A:
the place of the robbery.
  A.U. BLUE NOTES

a. .Force upon things” requires some owner for use in the lock forcibly
element of trespass into the opened by the offender.
establishment where the robbery
was committed; i.e. The offender NOTE: False key or picklock must be used
must have entered the premises to enter the building.
where the robbery was committed. It is only theft when the false key is used to
open wardrobe or locked receptacle or
If no entry was effected, even though drawer or inside door.
force may have been employed
actually in the taking of the property Q: What are the elements of the 2nd
from within the premises, the crime kind of robbery with force upon things
will only be theft. under art. 299?
A:
b. “Inhabited house” refers to any 1. Offender is inside a dwelling house,
shelter, ship or vessel constituting “public building or edifice devoted to
the dwelling of one or more persons religious worship, regardless of
even though the inhabitants thereof circumstances under which he
are temporarily absent therefrom entered it;
when robbery is committed. 2. Offender takes personal property
belonging to another, with intent to
c. “PUBLIC BUILDING” every building gain, under any of the ff.
owned by the government or Circumstances;
belonging to a private person but a. By the breaking of doors, wardrobes,
used or rented by the government chests, or any other kind of locked or
although temporarily unoccupied by sealed furniture or receptacle, or
the same. door.

d. “DEPENDENCIES” all interior “DOOR” – Refers only to “doors, lids or

courts, corrals, warehouses, opening sheets” of furniture or other
granaries, barns, coach houses, portable receptacles, not to inside doors of
stables, or other departments or house or building.
enclosed interior entrance connected
therewith and which from part of the b. By taking such furniture or objects
whole. Orchards and other lands away to be broken or forced open
used for cultivation or production are outside the place of the robbery.
not included, even if closed,
contiguous to the building, and NOTE: It is estafa or theft, if the locked or
having direct connection therewith. sealed receptacle is not forced open in the
building where it is kept or taken there from
REQUISITES: to be broken outside.
1. It must be contiguous to the building;
2. It must have an interior entrance Robbery in an uninhabited place and
connected therewith; by a band
3. It must form part of the whole; Robbery with force upon things
(art. 299), in order to be qualified,
ILLUSTRATION: must be committed in an uninhabited
A Small Store Located On The Ground Floor place and by a band(art. 300); while
Of A House Is A Dependency Of The House, robbery with violence against or
There Being No Partition Between The Store intimidation of persons must be
And The House And In Going To The Main committed in uninhabited place or by a
Stairway, And One Has TO enter the store band. (art. 295).
which has a door. (u.s. vs. ventura, 39 phil.
523) Q: What is an uninhabited place?
126
e. “FALSE KEYS” GENUINE keys A: it is one where there are no houses at all,
stolen from the owner or any keys or a considerable distance from town, or
other than those intended by the where the houses are scattered at a great
  A.U. BLUE NOTES

distance from each other. It also means a. Entrance was effected through an
uninhabited house or building. opening not intended for entrance or
egress,
ROBBERY IN AN UNINHABITTED PLACE
OR IN A PRIVATE BUILDING (ART. 302) So that if the entrance was made through
the door which was open, or closed but
Art. 302. Robbery is an uninhabited unlocked, and not through the window, the
place or in a private building. — Any person who took personal property from the
robbery committed in an uninhabited house with intent to gain is guilty only of
place or in a building other than those theft and not robbery. Where an opening
mentioned in the first paragraph of created by the accidental bumping of a
Article 299, if the value of the property vehicle in the store’s wall was made the
taken exceeds 250 pesos, shall be entrance of the malefactor, the taking of the
punished by prision correccional if any personal property inside the store is robbery
of the following circumstances is and not theft because the hole is not
present: intended for entrance or egress.
1. If the entrance has been effected
through any opening not b. Wall, roof, or outside door or window
intended for entrance or egress. was broken,
2. If any wall, roof, flour or outside
door or window has been Like robbery in an inhabited house, the
broken. breaking should be made in order to effect
3. If the entrance has been the entrance into the place. So if the wall,
effected through the use of false roof, floor, etc. Was broken the course of
keys, picklocks or other similar escaping, the committed is not robbery.
tools.
4. If any dorm, wardrobe, chest or c. Entrance was effected through the
by sealed or closed furniture or use of false keys, picklocks or other
receptacle has been broken. similar tools,
5. If any closed or sealed d. Door, wardrobe, chest, or any season
receptacle, as mentioned in the or closed furniture or receptacle will
preceding paragraph, has been broke, or
removed even if the same to e. Closed or sealed receptacle was
broken open elsewhere. removed, even if the same be broke
open elsewhere;
When the value of the property takes
does not exceed 250 pesos, the penalty Under letters d and e, the robbery did not
next lower in degree shall be imposed. enter through a window affected entrance
by breaking the floor, door, wall, etc.,
In the cases specified in Articles 294, otherwise these circumstances themselves
295, 297, 299, 300, and 302 of this already make the act as that robbery. In
Code, when the property taken is mail these letters, the robbers entering through
matter or large cattle, the offender the door, and once inside broke wardrobe,
shall suffer the penalties next higher in sealed or close receptacles etc., or took
degree than those provided in said away closed or sealed receptacle to be
articles. broken elsewhere.

Q: What are the elements of this It must be taken note of, that the entrance
crime? by using any fictitious name or pretending
A: the exercise public authority is not among
1. .offender entered an uninhabited those mentioned in art. 302 because the
place or a building which was not a place is uninhabited and therefore without
dwelling house, not a public building, person present. likewise in the class of
or not an edifice devoted to religious robbery, the penal depends on the amount
worship; take
2. Any of the following circumstances
was present: 127
  A.U. BLUE NOTES

disregarding the circumstance whether the which case, they shall suffer such high
robbers are armed or not as in the case of penalties.
robbery inhabited place. 105 If any of the arms carried by any of
said persons be an unlicensed
3. With intent to gain, the offender to firearms, it shall be presumed that said
therefrom personal property persons are highway robbers or
belonging another. brigands, and in case of convictions
the penalty shall be imposed in the
POSSESSION OF PICKLOCKS OR maximum period.
SIMILAR TOOLS (ART. 304)
Q: What is brigandage?
Art. 304. Possession of picklocks or A: brigandage is committed by more than 3
similar tools. — Any person who shall armed persons who form a band of robbers
without lawful cause have in his for the purpose of committing robbery in the
possession picklocks or similar tools highway or kidnapping persons for the
especially adopted to the commission purpose of extortion or to obtain ransom, or
of the crime of robbery, shall be for any other purpose to beobtained by
punished by arresto mayor in its means of force and violence.
maximum period to prision correccional
in its minimum period. Note: the formation of highway robbers or
The same penalty shall be imposed brigands is punishable under this article.
upon any person who shall make such The crime is committed by mere conspiracy
tools. If the offender be a locksmith, he to commit the acts of brigandage.
shall suffer the penalty of prision The purpose of highway robbers or brigands
correccional in its medium and is extortion or ransom.
maximum periods.
Q: What is the essence of brigandage?
Q: What are the elements of this
crime? A: brigandage is a crime of depredation
A: wherein the unlawful acts are directed not
1. .offender has in his possession only against specific, intended or
picklock or similar tools; preconceived victims, but against any and
2. Such picklocks or similar tools are all prospective victims anywhere on the
specially adopted to the commission highway and whoever they may potentially
of robbery; be.
3. Offender does not have lawful cause
for such possession. Q: what are the distinctions between
robbery in band and brigandage under art.
306?
BRIGANDAGE (ART. 306) A:
ROBBERY BY A BRIGANDAGE
Art. 306. Who are brigands; Penalty. — BAND
When more than three armed persons Purpose is to commit Purpose is to commit
form a band of robbers for the purpose robbery not robbery in highway;
of committing robbery in the highway, necessarily in or to kidnap a person
or kidnapping persons for the purpose highways. for ransom or any
of extortion or to obtain ransom or for other purpose
any other purpose to be attained by attained by force
means of force and violence, they shall and violence.
be deemed highway robbers or Actual commission of Mere formation is
brigands. robbery is necessary punished.
Persons found guilty of this offense
shall be punished by prision mayor in
its medium period to reclusion NOTE: Pd 532 (highway robbery) will be
temporal in its minimum period if the discussed under special penal laws.
act or acts committed by them are not
punishable by higher penalties, in AIDING AND ABETTING A BAND OF
BRIGANDS (ART. 307)
  A.U. BLUE NOTES

Art. 307. Aiding and abetting a band of 2. Any person who, after having
brigands. — Any person knowingly and maliciously damaged the
in any property of another, shall
remove or make use of the fruits
128 or object of the damage caused
manner aiding, abetting or protecting a by him; and
band of brigands as described in the 3. Any person who shall enter an
next preceding article, or giving them inclosed estate or a field where
information of the movements of the trespass is forbidden or which
police or other peace officers of the belongs to another and without
Government (or of the forces of the the consent of its owner, shall
United States Army), when the latter hunt or fish upon the same or
are acting in aid of the Government, or shall gather cereals, or other
acquiring or receiving the property forest or farm products.
taken by such brigands shall be
punished by prision correccional in its Q: What is theft?
medium period to prision mayor in its A: Theft Is Committed By Any Person Who,
minimum period. With Intent To Gain But Without Violence
It shall be presumed that the person Against Or Intimidation Of Neither Persons
performing any of the acts provided in Nor Force Upon Things, Shall Take Personal
this article has performed them Property Of Another Without The Latter’s
knowingly, unless the contrary is Consent.
proven.
Q: Who are the persons liable for theft?
Q: What are the elements of this A:
crime? 1. Those who, with intent to gain, but
A: without violence against or
1. There is a band of brigands; intimidation of neither persons nor
2. Offender knows the band to be of force upon things, take personal
brigands; property of another without the
3. Offender does any of the following latter’s consent.
acts; 2. Those who having found lost
a) He in any manner aids, abets or property, fail to deliver the same to
protects such band of brigands, the local authorities or to its owner
or
b) He gives them information of the Lost Property Includes Stolen Property So
movements of the police or other That The Accused Who Found A Stolen
Horse Is liable if he fails to deliver the same
106 to the owner or to the authorities since the
c) peace officers of the term “lost” is generic in nature and
government, or embraces loss by stealing or by any act of a
d) He acquires or receives the person other than the owner as well as by
property taken by such brigands. the act of the owner himself through same
casual occurrence. (people vs. Rodrigo, 16
THEFT (ART. 308) scra 475)

Art. 308. Who are liable for theft. — 3. Those who after having maliciously
Theft is committed by any person who, damaged the property of another,
with intent to gain but without violence remove or make use of the fruits or
against or intimidation of persons nor object of the damage caused by
force upon things, shall take personal them.
property of another without the latter's
consent. Theft is likewise committed 4. Those who enter an enclosed estate
by: or a field where trespass is forbidden
1. Any person who, having found or which belongs to another and,
lost property, shall fail to deliver without the consent of its owner,
the same to the local authorities hunt or fish upon the same or gather
or to its owner;
  A.U. BLUE NOTES

fruits, cereals or other forest or farm

products. ILLUSTRATION:
In case of theft of checks, the argument that
Q: What are the elements of theft? checks cannot be the proper subject of
A: larceny because the paper itself has no
1. There is taking of personal property; intrinsic value and is merely an evidence or
token of the existence of money or property
It may be a stolen property but as elsewhere, while tenable under the common
long as it does not belong to the thief law rule, cannot be sustained in our
or robber, it can be the subject of the
crime. 107
129 jurisdiction for the supreme court of spain
has repeatedly ruled that checks and other
2. Property taken belongs to another; commercial papers are subject of larceny.
3. Taking was done with intent to gain; (u.s. Vs. Wickersham, 20 phil. 440)
In such a case, the penalty shall be based
Intent to gain is presumed in on the amount of money represented by the
malicious taking of personal property checks or promissory note since, while it
of another. may not be of value to the thief, it is
undoubtedly of the value to the offended
4. Taking was done without the consent party. (people vs. Koc song, 63 phil. 369)
of the owner;
Q: Can there be a crime of frustrated
ILLUSTRATION: theft?
A: Theft cannot have a frustrated stage.
Thus, while praying in a church, a felt Theft can only be attempted or
and saw his wallet being taken by b, consummated.
but because of the solemnity of the
proceedings, did not make any Q: For the crime of theft to be
move; while the taking was with his consummated, is it necessary that the
knowledge, it was without his offender, once having committed all
consent, and theft is committed. the acts of execution for theft, is able
or unable to freely dispose of the
5. Taking is accomplished without the property stolen?
use of violence against or
intimidation of persons of force upon A: No. since the deprivation from the owner
things. alone has already ensued from such acts of
execution.
Q: What is the meaning of “taking” in Under article 308 of the revised penal code,
law? there is only one operative act of execution
A: “taking” means the act of depriving by the actor involved in theft – the taking of
another of the possession and dominion of personal property of another.
movable property. The “taking” must be The ability of the offender to freely dispose
accompanied by the intention, at the time of of the property stolen is not a constitutive
the taking, of withholding the thing with element of the crime of theft.
some character of permanency. Such factor runs immaterial to the statutory
definition of theft, which is the taking, with
Q: Can incorporeal property be the intent to gain, of personal property of
subject of theft? another without the latter’s consent.
A: yes. Personal property does not only
mean corporeal things but also includes Q: When is the crime of the theft
incorporeal property like electricity which produced?
can be stolen by using a jumper. (u.s. Vs. A: theft is produced when there is
Carlos, 21 phil 533) the test of what is the deprivation of personal property due to its
proper subject of larceny seems to be not taking by one with intent to gain.
whether the subject is corporeal but It is immaterial to the product of the felony
whether it is capable of appropriation by that the offender, once having committed all
another. the acts of execution for theft, is able or
  A.U. BLUE NOTES

unable to freely dispose of the property delivered the watch with instruction to
stolen since the deprivation from the owner returnthe same to whoever may be
alone has already ensued from such acts of found to be the owner. P failed to
execution. return the watch to the owner and,
instead, sold it and appropriates for
Q: In theft, is it required for the thief himself the proceeds of the sale.
to be able to carry away the thing Charged with theft, p reasoned out
taken from the owner? that he cannot be found guilty because
A: no, the consummation of this crime takes it was not he who found the watch and
place upon the voluntary and malicious moreover, the watch turned out to be
taking of the property which is realized upon stolen property. Is p’s defense valid?
the material occupation of the taking, that
is, when he had full possession thereof even A: no. P’s defense is not valid. In a charge
if he did not have the opportunity to dispose for theft, it is enough that the personal
of the same. property subject thereof belongs to another
130 and not to the offender (p). It is irrelevant
whether the person deprived of the
Proof that the accused is in possession of a possession of the watch has or has no right
recently stolen property gives rise to a valid to the watch. Theft is committed by one
presumption that he stole the property. who, with intent to gain, appropriates
property of another without the consent of
Q: When is unlawful taking complete? its owner. And the crime is committed even
A: unlawful taking is deemed complete from when the offender receives property of
the moment the offender gains possession another but acquires only physical
of the thing, even if he has no opportunity possession to hold the same. (1998 bar
to dispose of the same. question).
Unlawful taking, which is the deprivation of
one’s personal property, is the element ILLUSTRATION:
which produces the felony in its
consummated stage. At the same time, Where the finder of the lost or mislaid
without unlawful taking as an act of property entrusts it to another for delivery
execution, the offense could only be to a designated owner, the person to whom
attempted theft, if at all. it is thus confided, assumes by voluntary
With these considerations, under article 308 substitution, as to both the property and the
of the rpc, theft cannot have a frustrated owner, the same relation as was occupied
stage. Theft can only be attempted or by the finder. If the misappropriates it, he is
consummated. guilty of theft as if he were the actual finder
of the same. (people vs. Avila, 44 phil. 720).
Q: What is the distinction between 108
theft and estafa?
A: Q: sunshine, a beauteous “colegiala”
Theft Estafa but a shoplifter, went to the ever
The crime is Where both the department store and proceeded to the
qualified theft if material and juridical women’s wear section. The saleslady
only the physical or possession are was of the impression that she brought
material possession transferred, to the fitting room three (3) pieces of
of the thing is misappropriation of swimsuits of different colors. When she
transferred. the property would came out of the fitting room, she
constitute estafa. returned only two (2) pieces to the
clothes rack. The saleslady became
NOTE: In theft, qualified with grave abuse suspicious and alerted the store
of confidence and estafa with abuse of detective. Sunshine was stopped by
confidence, the offender receives the thing the detective before she could leave
from the offended party. the store and brought to the office of
the store manager. The detective and
Q: Mario found a watch in a jeep he the manager searched her and found
was riding, and since it did not belong her wearing the third swimsuit under
to him, he approached policeman p and her blouse and pants. Was the theft of
  A.U. BLUE NOTES

the swimsuit consummated, frustrated 2. If the theft is committed with grave

or attempted? Explain. abuse of confidence.
A: the theft was consummated because the 3. If the property stolen is a motor
taking or asportation was complete. The vehicle, mail matter or large cattle.
asportation is complete when the offender 4. If the property stolen consist of
acquired exclusive control of the personal coconuts taken from the premises of
property being taken; in this case, when a plantation.
sunshine wore the swimsuit under her 5. If the property stolen is fish taken
blouse and pants and was on her way out of from a fishpond or fishery.
the store. With evident intent to gain, the 6. If property is taken on the occasion
taking constitutes theft and being complete, of fire, earthquake typhoon, volcanic
it is consummated. It is not necessary that eruption, or any other calamity,
the offender is in a position to dispose of the vehicular accident or civil
property. disturbance.

ALTERNATIVE ANSWER: Q: a vehicular accident occurred on the

The crime of theft was only frustrated national highway in bulacan. Among
because the first to arrive at the scene of the
accident was a, who found one of the
131 victims already dead and the others
sunshine has not yet left the store when unconscious. Before rescuers could
the offense was opportunely discovered and come, a, taking advantage of the
the article seized from her. She does not helpless condition of the victims, took
have yet the freedom to dispose of the their wallets and jewelry. However, the
swimsuit she was taking (people vs. Dino, ca police, who responded to the report of
45 o.g. 3446). Moreover, in case of doubt as the accident, caught
to whether it is consummated or frustrated,
the doubt must be resolved in favor of the Q. What crime or crimes did a commit?
milder criminal responsibility. (2000 bar Why?
question). A: a committed the crime of qualified theft
because he took the wallets and jewelry of
QUALIFIED THET (ART. 310) the victims with evident intent to gain and
on the occasion of a vehicular accident
Art. 310. Qualified theft. — The crime wherein he took advantage of the helpless
of theft shall be punished by the condition of the victims. But only one crime
penalties next higher by two degrees of qualified theft was committed although
than those respectively specified in the there were more than one victim divested of
next preceding article, if committed by their valuables, because all the taking of the
a domestic servant, or with grave valuables were made on one and the same
abuse of confidence, or if the property occasion, thus constituting a continued
stolen is motor vehicle, mail matter or crime. (2002 bar question)
large cattle or consists of coconuts
taken from the premises of the Note: if the offense is to be qualified by
plantation or fish taken from a “abuse of confidence”, the abuse must be
fishpond or fishery, or if property is grave, like an accused that was offered food
taken on the occasion of fire, and allowed to sleep in the house of the
earthquake, typhoon, volcanic complaint out of the latter’s pity and
erruption, or any other calamity, charity, but stole the latter’s money in his
vehicular accident or civil disturbance. house when he left the place.
(As amended by R.A. 120 and B.P. Blg.
71. May 1, 1980 Illustration:
). Where accused who are employees of the
Q: When is theft qualified? offended party enjoying free access to the
different places and parts of the
A: theft is qualified: establishments, steal and carry away
1. If theft is committed by a domestic several liters of gasoline which they have
servant. received from complaint’s supplier with the
task of selling them to the customers, they
  A.U. BLUE NOTES

are liable for qualified theft committed camp or shall remove, collect or gather
through grave abuse of confidence. (cortez gold-bearing ores or rocks in place or shall
vs. Court of appeals, 245 scra 198) extract or remove the gold from such ores
. or rocks, or shall prepare and treat such
Illustration: ores or rocks to recover or extract the gold
An assistant agent in charge and accounting contents thereof, without the consent of the
cashier of the pnb entrusted with and operator of the mining claim, shall be guilty
accountable for all its collections and of “highgrading” or “theft of gold”.Pd 401
deposits including equipment and supplies, (unauthorized installation of water,
was accused of having taken p126, 190.00 electrical or telephone connections, the use
found in his drawer. It was held that the of tampered meters)
crime of theft is qualified by the relation of
trust between the accused and the pnb Q: what are the punishable acts under
creating higher degree of confidence which pd 401?
the former A:
1. Installation of any water, electrical or
109 telephone CONNECTION WITHOUT
gravely abused. He willfully took advantage PREVIOUS AUTHORITY FROM THE
of his position, his knowledge of the safe MWSS, THE MERALCO OR THE PLDT;
combinations and his physical possession of 2. Tampering and/or using tampered
the money to carry out and consummate water or electrical meters or jumpers
the theft. or other devices whereby water or
132 electricity is stolen;
3. Stealing or pilfering water and/or
Related special laws electric meters or water, electric
Pd330 and/or telephone wires;
Penalizing timber smuggling or illegal 4. Knowingly possessing stolen or
cutting of logs from public forests and forest pilfered water and/or electrical
reserves as qualified theft meters as well as stolen or pilfered
water, electrical and/or telephone
wires.
Q: What are the punishable acts under
pd 3307? Pd 534
A: (illegal fishing)
1. Cutting,
2. Gathering, Q: What are the acts punishable under
3. Removing, or pd 534?
4. Smuggling timber, or other forest
products either from any of the A: Gr: it shall be unlawful for any person to
public forest, forest reserves and catch, take or gather or caused to be
other kinds of public forests, whether caught, taken or gathered fish or
under license or lease, or from any fishery/aquatic products in Philippine waters
privately owned forest lands in with the use of explosives, obnoxious or
violation of existing laws, rules and poisonous substances or by the use of
regulation. electricity.

Note: anti-cattle rustling law, anti-fencing XPN: The secretary of DENR may allow it for
law and an act preventing and penalizing research, educational or scientific purposes.
car napping will be discussed under.
RA 7832
Pd 581
“Anti-electricity and Electric Transmission
high grading” or “theft of gold” Lines/Materials Pilferage Act of 1994.”

Q: What is punished under Pd 581? Q: What are the pinushable acts under
RA 7832?
A: any person who shall take gold-bearing A:
ores or rocks from a mining claim or mining 1. Illegal Use of Electricity
  A.U. BLUE NOTES

a) Tap, make or cause to be made National Museum, the penalty shall be

any connection – arresto mayor or a fine ranging from
I. With overhead lines, service 200 to 500 pesos, or both, unless a
drops, or other electric higher penalty should be provided
service wires, or under other provisions of this Code, in
II. To the existing electric which case, the offender shall be
service facilities of any duly punished by such higher penalty
registered consume
without previous authority or consent of the Theft of property of National Library
private electric utility or rural electric and National Museum has a fixed
cooperative concerned; penalty regardless of its value, but if
b) Tamper, install or use a the crime is committed with grave
tampered electrical meter, abuse of confidence, the penalty for
jumper, etc. qualified theft shall be imposed.
c) Damage or destroy an electric
meter, equipment, wire or CHAPTER FOUR:
conduit xxx USURPATION
d) Knowingly use or receive the
direct benefit of electric service OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN
133 PROPERTY
obtained through any of the acts (Art. 312)
mentioned above. Art. 312. Occupation of real
2. Theft of electric power transmission property or usurpation of real rights in
lines and materials. property. — Any person who, by means
of violence against or intimidation of
It is unlawful for any person to do the ff. persons, shall take possession of any
without the consent of the owner, whether real property or shall usurp any real
or not the act is done for profit or gain: rights in property belonging to
another, in addition to the penalty
a) Cut, saw, slice, etc. or remove any incurred for the acts of violence
electric power transmission executed by him, shall be punished by
line/material or meter from a tower, a fine from 50 to 100 per centum of the
pole, etc. gain which he shall have obtained, but
b) Take, carry away or remove or not less than 75 pesos.
transfer any electric power If the value of the gain cannot be
transmission line/material or meter ascertained, a fine of from 200 to 500
from a tower, pole, any other pesos shall be imposed.
installation or place of installation
etc. Q: What are the punishable acts?
A:
110 1. Taking possession of any real
c) Store, possess or otherwise keep in property belonging to another.
his premises, custody of control, any 2. Usurping any real rights in property
electric power transmission belonging to another.
line/material or meter.
d) Load, carry, ship or move from one Q: What are the elements of this
place to another, any electrical crime?
power transmission line/material. A:
1) Offender takes possession of any real
THEFT OF THE PROPERTY OF THE property or usurps any real rights in
NATIONAL LIBRARY AND NATIONAL property;
MUSEUM (Art. 311) 2) Real property or real rights belong to
another;
Art. 311. Theft of the property of the 3) Violence against or intimidation of
National Library and National Museum. persons is used by the offender in
— If the property stolen be any occupying real property or usurping
property of the National Library or the real rights in property;
  A.U. BLUE NOTES

4) There is intent to gain.

Note: Intent to gain is not necessary. Mere
Note: There is only civil liability if there is act of altering or destruction of the
no violence or intimidation in taking boundary marks is sufficient.
possession of real property.
Usurpation under Article 312 is committed Chapter Five:
in the same way as robbery with violence or CULPABLE INSOLVENCY
intimidation of persons. The main difference
is that in robbery, personal property in FRAUDULENT INSOLVENCY (Art. 314)
involved, while in usurpation of real rights, it
is real property. Art. 314. Fraudulent insolvency. — Any
person who shall abscond with his
Considering that this is crime against property to the prejudice of his
property there must be intent to gain. In the creditors, shall suffer the penalty of
absence of the intent to gain, the act may prision mayor, if he be a merchant and
constitute coercion. the penalty of prision correccional in
its maximum period to prision mayor in
Q: What is punished by RA 947? its medium period, if he be not a
A: Entering or occupying public agricultural merchant.
land including public lands granted to
private individuals. Q: What are the elements of fraudulent
134 insolvency?
A:
Q: Who are squatters? 1) Offender is a debtor; that is he has
A: obligations due and payable;
1) Those who have the capacity or 2) He absconds with his property;
means to pay rent or for legitimate 3) There be prejudice to his creditors.
housing but are squatting anyway;
2) Also the persons who were awarded Q: What is the essence of this crime?
lots but sold or lease them out; A: The essence of the crime is that any
3) Intruders of lands reserved for property of the debtor is made to disappear
socialized housing, pre-empting for the purpose of evading the fulfillment of
possession by occupying the same the obligations and liabilities contracted
(Source: Urban Development and with one or more creditors to the prejudice
Housing Act) of the latter.
Note: To abscond does not mean that the
ALTERING BOUNDARIES OR debtor should depart and physically conceal
LANDMARKS his property.
(ART. 313) Fraudulent must result to the prejudice of
Art. 313. Altering boundaries or his creditors.
landmarks. — Any person who shall If the accused concealed his property
alter the boundary marks or fraudulently but it turned out that he has
monuments of towns, provinces, or some other property with which to satisfy
estates, or any other marks intended his obligation, he is not liable under this
to designate the boundaries of the article.
same, shall be punished by arresto Being a merchant qualifies the crime as the
menor or a fine not exceeding 100 penalty is increased.
pesos, or both.
If these acts are committed after the
Q: What are the elements of this institution of insolvency proceeding, the
crime? insolvency Law shall apply.
A:
1) There are boundary marks or Chapter Six:
monuments of towns, provinces, or SWINDLING AND OTHER DECEIT
estates, or any other marks intended
to designate the boundaries of the SWINDLING (Estafa) (Art. 315)
same:
2) Offender alters said boundary marks.
  A.U. BLUE NOTES

Art. 315. Swindling (estafa). — Any c) By taking undue advantage of the

person who shall defraud another by signature of the offended party in
any of the means mentioned here in blank, and by writing any document
below shall be punished by: above such signature in blank, to the
1st. The penalty of prision correccional in prejudice of the offended party or of
its maximum period to prision mayor in its any third person.
minimum period, if the amount of the fraud
is over 12,000 pesos but does not exceed 2. By means of any of the following false
22,000 pesos, and if such amount exceeds pretenses or fraudulent acts executed prior
the latter sum, the penalty provided in this to or simultaneously with the commission of
paragraph shall be imposed in its maximum the fraud:
period, adding one year for each additional
10,000 pesos; but the total penalty which a) By using fictitious name, or falsely
may be imposed shall not exceed twenty pretending to possess power,
years. In such cases, and in connection with influence, qualifications, property,
the accessory penalties which may be credit, agency, business or imaginary
imposed under the provisions of this Code, transactions, or by means of other
the penalty shall be termed prision mayor or similar deceits.
reclusion temporal, as the case may be. b) By altering the quality, fineness or
2nd. The penalty of prision correccional in weight of anything pertaining to his
its minimum and medium periods, if the art or business.
amount of the fraud is over 6,000 pesos but c) By pretending to have bribed any
does not exceed 12,000 pesos; Government employee, without
3rd. The penalty of arresto mayor in its prejudice to the action for calumny
which the offended party may deem
135 proper to bring against the offender.
maximum period to prision correccional in In this case, the offender shall be
its minimum period if such amount is over punished by the maximum period of
200 pesos but does not exceed 6,000 pesos; the penalty.
and d) Under paragraph D,
4th. By arresto mayor in its maximum 1) Offender postdated a check ,or
period, if such amount does not exceed 200 issued a check in payment of an
pesos, provided that in the four cases obligation
mentioned, the fraud be committed by any 2) Such postdating or issuing a check
of the following means: was done when the offender had no
funds in the bank ,or his funds
1. With unfaithfulness or abuse of deposited therein were not sufficient
confidence, namely: to cover the amount of the check
e) By obtaining any food, refreshment
a) By altering the substance, quantity, or accommodation at a hotel, inn,
or quality or anything of value which restaurant, boarding house, lodging
the offender shall deliver by virtue of house, or apartment house and the
an obligation to do so, even though like without paying therefor, with
such obligation be based on an intent to defraud the proprietor or
immoral or illegal consideration. manager thereof, or by obtaining
b) By misappropriating or converting, credit at hotel, inn, restaurant,
to the prejudice of another, money, boarding house, lodging house, or
goods, or any other personal apartment house by the use of any
property received by the offender in false pretense, or by abandoning or
trust or on commission, or for surreptitiously removing any part of
administration, or under any other his baggage from a hotel, inn,
obligation involving the duty to make restaurant, boarding house, lodging
delivery of or to return the same, house or apartment house after
even though such obligation be obtaining credit, food, refreshment
totally or partially guaranteed by a or accommodation therein without
bond; or by denying having received paying for his food, refreshment or
such money, goods, or other accommodation.
property.
  A.U. BLUE NOTES

3. Through any of the following A: Under paragraph (a):

fraudulent means: a) Offender has an onerous obligation
to deliver something of value;
a) By inducing another, by means of b) He alters its substance, qualify, or
deceit, to sign any document. quality;
b) By resorting to some fraudulent c) Damage or prejudice is caused to
practice to insure success in a another.
gambling game
c) By removing, concealing or Illustration:
destroying, in whole or in part, any
court record, office files, document Thus, where the accused is bound by virtue
or any other papers. of a contract of sale, payment having been
received to deliver first class of rice – say
Q: What are the elements of estafa in milagrosa – but delivered an inferior kind, or
general? that he bound himself to deliver one
thousand sacks but delivered less than one
A: thousand because the other sacks were
1) Accused defrauded another by abuse filled with different materials, he is guilty of
of confidence or by means of deceit; Estafa with unfaithfulness or abuse of
confidence by altering the quantity or
This covers the three different ways of quality of anything of value by virtue of an
committing estafa under Article 315; thus, obligation to do so. Under paragraph (b):
estafa is committed – a) Money, goods, or other personal
1 property is received by the
36 offender is trust, or on
commission, or for administration,
a) With unfaithfulness or abuse of or under any other any other
confidence; obligation involving the duty to
b) By means of false pretenses or make delivery of, or to return, the
fraudulent acts; or same;
c) Through fraudulent means. b) There is misappropriation or
conversation of such money or
2.Damage or prejudice capable of property by the offender or denial
pecuniary estimation is caused to the on his part of such receipt;
offended party or third person. c) Such misappropriation or
conversion or denial is to the
Illustration: prejudice of another, and
d) There is a demand made by the
When the accused deceived the complaints offended party to the offender.
into believing that there were indeed jobs
waiting for them in Taiwan, and the latter Note: The fourth element is not necessary
sold their carabaos, mortgaged or sold their when there is evidence of misappropriation
parcels of land and even contracted loans to of the goods by the defendant.
raise the P40,000.00 placement fee required
of them by the accused, the assurances Under PD 115 (Trust Receipts Law), the
given by the latter made the complaints failure of the entrustee to turn over the
part with whatever resources they had, proceeds of the sale of the goods,
clearly establishing deceit and damage documents, or instruments covered by a
which constitute the elements of Estafa. Of trust receipt, to the extent of the amount
course, the accused was held liable too for owing to the entruster, or as appearing in
illegal Recruitment since it was not proven the trust receipt; or the failure to return said
that he was not authorized or licensed to goods, documents, or instruments if they
engage in recruitment activities. (People vs. were not sold or disposed of in accordance
Bautista, 214 SCRA 216) with the terms of the trust receipt constitute
estafa.
Q: What are the elements of estafa
with unfaithfulness of abuse of Illustration:
confidence under Article 315 (1)?
  A.U. BLUE NOTES

Failure to return a dump truck which was

delivered to the accused by virtue of a deed Under paragraph (b) –
of lease after the expiration of the lease
contract and despite demands would Altering the quality, fineness, or weight of
constitute Estafa by misappropriation or anything pertaining to his art or business
conversation by the accused of the subject
of the obligation. Under paragraph (c) –
The accused received in trust the money
from the complaints for the particular Pretending to have bribed any government
purpose of investing the same with the employee without prejudice to the action for
Philtrust Investment Corp. with the calumny which the offended party may
obligation to make delivery thereof upon deem proper to bring against the offender.
demand but failed to return the same
despite demands. It was admitted that she Under paragraph (d) –
used the money for her business. Accused is
guilty of Estafa through Misappropriation. a) Offender postdated a check, or
(fontanilla vs. People, et. Al., 258 SCRA 460) issued a check in payment of an
obligation;
A money market transaction however b) Such postdating or issuing a check
partakes of the nature of a loan, and non- was done when the offender had no
payment thereof would not give rise to funds in the bank, or his funds
deposited therein were not sufficient
137 to cover the amount of the check.
criminal liability for estafa through
misappropriation or conversion. In money Art. 315 (2) (d) is also refer to as Issuing or
market placements, the unpaid investor Postdating Check Without Funds.
should institute against the middleman or
dealer, before the ordinary courts, a simple Art. 315 (2) (d) applies only when:
action for recovery of the amount he had
invested, and if there’s allegation of fraud, 1) Obligation is not pre-existing;
the proper forum would be the SEC. 2) Check is drawn to enter into an
(Sesbreno vs. Court of Appeals, et. Al., 240 obligation;
SCRA 606) 3) Does not cover checks where the
Under paragraph ©: purpose of drawing the check is to
guarantee a loan.
a) The paper with signature of the
offended party is in blank; The check must be genuine. If the check is
b) Offended party delivered it to the falsified and is cashed with the bank or
offender; exchanged for cash, the crime is estafa thru
c) Above the signature of the offended falsification of a commercial document.
party, a document is written by the The check must be issued in payment of a
offender without authority to do so; simultaneous obligation, not one which is
d) The document so written creates a preexisting.
liability of, or causes damage to, the
offended party or any third person. e.g.

Q: What are the elements of estafa by the accused must be able to obtain
means of false pretenses or fraudulent something from the offended party by
acts under Article 315 (2)? means of the check he issued and delivered.
A:
Under paragraph (a) – Thus, if A issued a check in favor of B for
debt he has incurred a month or so ago, the
a) Using fictitious name; dishonor of the check for insufficiency of
b) Falsely pretending to possess power, funds in the bank does not constitute Estafa.
influence, qualifications, property, But if A told B to deliver to him P10,000 and
credits, agency, business or he (A) would issue in his favor a check in the
imaginary transactions; or sum of P11,000 as it was a Sunday and A
c) By means of other similar deceits. needed the cash urgently, and B gave his
  A.U. BLUE NOTES

P10,000 having in mind the profit of P1,000 are essential elements of the
when he encashes the check on Monday offense, have been established with
and the check bounced when deposited, A satisfactory proof. The fraudulent act
can be held liable for Estafa. In such case, it was committed prior to or
was clear that B would have not parted with simultaneous with the issuance of
his P10,000 were it not for the issuance of the bad check. The guarantee and
A’s check. the simultaneous delivery of the
checks by Garcia were the
It must not be promissory notes, or enticement and the efficient cause of
guaranties the defraudation committed against
Apolonio who suffered damage
Q: Is good faith a defense? amounting to P87,000.00 as a result
of the fraud committed by Garcia in
A: Yes. The payee’s knowledge that the paying him underfunded checks
drawer has no sufficient funds to cover the drawn by three different persons
postdated checks at the time of their (Yolanda Garcia vs. People of the
issuance negates estafa. It is necessary that Philippines, G.R. No. 144785.
the offender knew that his check had no September 11, 2003)
sufficient funds in the bank (his failure to
cover the Q: is the accused’s mere failure to turn
over the thing delivered to him in trust
138 despite demand and the duty to do so,
amount of the check within 3 days from constitute estafa under Art 315 par 1
notice creates a prima facie evidence of (b)?
deceit).
A: No. The essence of estafa under Article
If the checks were issued by the defendant 315 (1) (b) of the RPC is the appropriation or
and he received money for them , then conversion of money or property received,
stopped payment and did not return the to the prejudice of the owner thereof. It
money, and he had an intention to stop takes place when a person actually
payment when he issued the check, there is appropriates the property of another for his
estafa. own benefit, use and enjoyment. The failure
Deceit is presumed if the drawer fails to to account, upon demand, for funds or
deposit the amount necessary to cover the property held in trust is a mere
check within three days from receipt of circumstantial evidence of misappropriation.
notice of dishonor or insufficiency of funds In other words, the demand for the return of
in the bank. the thing delivered in trust and the failure of
the accused to account for it are
Q: Can the fact that the accused was circumstantial evidence of misappropriation.
not the actual maker of the check be However, this presumption is rebuttable. If
put up as a defense? the accused is able to satisfactorily explain
his failure to produce the thing delivered in
4) A: No, such defense is not valid. In trust, he may not be held liable for estafa. In
the case of People vs. Isleta, et. Al, the case at bar, however, since the medrep
61 Phil. 332 and reiterated in the failed to explain his inability to produce the
case of Zalgado vs. CA, 178 SCRA thing delivered to him in trust, the rule that
146. It was held that the appellant “the failure to account, upon demand, for
who only negotiated directly and funds or property held in trust is
personally the check drawn by circumstantial evidence of
another is guilty of estafa because misappropriation” applies without doubt.
he had “guilty knowledge that at the (Filadams Pharma, Inc. vs. Court of Appeals
time he negotiated the check, the et. Al., G.R. No. 132422, March 30, 2004)
drawer has no sufficient funds.” In Note: Batas Pambansa Blg. 22 (related
other words, whether Garcia was special law to estafa) will be discussed
charged under either paragraph 2 (a) under Special Penal Laws.
or 2 (d) of Article 315 of the RPC, she
would still be guilty of estafa Q: What are the acts punished under
because damage and deceit, which Art. 315 (4)?
  A.U. BLUE NOTES

A: Resorting to some fraudulent practice to

1. insure success in the gambling game;
a) Obtaining food, refreshment, or
accommodation at a hotel, inn, Under paragraph (c) - -
restaurant, boarding house, lodging
house, or apartment house; 1) Offender removed, concealed or
b) Without paying therefor; destroyed;
c) With intent to defraud the proprietor 2) Any court record, office files,
or manager. documents or any other papers;
3) With intent to defraud another.
- Failure to pay food or
accommodation in a hotel, restaurant or inn Illustration:
usually givs rise to civil liability but if the
intent to defraud is clear like a surreptitious When a lawyer, pretending to verify a
removal of baggage from the hotel, or certain pleading in a case pending before a
resorting to deceitful means to evade court, borrows the folder of the case, and
payment, the act removes or destroys a document which
shall be punished criminally as Estafa. constitutes evidence in the said case, said
lawyer is guilty of Estafa under par. 3 (c).
139
In partnership – partners are not liable for
a) Obtaining credit at any of the estafa of money or property received for the
establishments; partnership when the business commenced
b) Using false pretense; and profits accrued.
3.
a) Abandoning or surreptitiously Q: What are the Distinctions between
removing any part of his baggage in Robbery, theft and Estafa?
the establishment;
b) After obtaining credit, food, A:
refreshment, accommodation; Robbery Theft Estafa
c) Without paying. Only Only Subject
personal personal matter may
Estafa through any of the following prop is prop is be real
fraudulent means under Article 315 (3) involved involved property.
Under paragraph (a) – Taking is by Not so Not so
means of
1) Offender induced the offended party force upon
to sign a document; things or
2) Deceit was employed to make him violence
sign the document; against or
3) Offended party personally signed the intimidation
document; of persons.
4) Prejudice was caused. Penalty does Penalty Penalty
not depends on depends on
Illustration: necessarily the amount the amount
depend on involved involved
A induced an illiterate owner who was the amount
desirous of mortgaging his property for a involved
certain amount, to sign a document which Offender Offender Offender
he believed was only a power of attorney takes the takes the receives the
but in truth it was a deed of sale. A is guilty property property property
of Estafa under par. 3 (a) and the damage without the without the
could consist at least in the disturbance in consent of consent of
property rights. (U.S. vs. Malong, 36 Phil the owner the owner
821) and without and without
using using
Under paragraph (b) - - threats, threats,
intimidation intimidation
  A.U. BLUE NOTES

or violence or violence a complex crime of estafa through

falsification

Note: The crime is Theft even if the Q: Alfredo is the corporate treasurer of
property was delivered to the offender by Multimillion Insurance Company. As
the owner or possessor, if the latter experts corporate treasure, he would have in
an immediate return of the property his possession an average of
delivered, that is, he delivered only the P5,000,000.00 at any given time. In
physical or material possession of the 1984, when the money market rate of
property. (U.S. vs. De Vera 43 Phil 1000) interest ranged from 35% to
However, if what was delivered was 50%, Alfredo place P1,000,000.00 of
juridical possession of the property, that is, the corporate funds in the money
a situation where the person to whom it was market in his name without the
delivered can set off this right to possess knowledge of any other corporate
even official of the company. Upon maturity
of the money market placement,
140 Alfredo returned the amount of
as against the owner, and the latter should P1,000,000.00 to the corporation, but
not be expecting the immediate return of kept to himself the interest income of
the property, the misappropriation or taking P250,000. At the end of 1984, when
of that property is Estafa. (U.S. vs. Figueroa, audit examinations of his accounts
22 Phil. 270 were undertaken, the auditors found
no shortage in his accountabilities. Did
Q: What are the distinctions between Alfredo commit any crime?
estafa with abuse of confidence and
malversation? A: Yes, Alfredo committed the crime of
estafa thru abuse of confidence, even if he
A: had no intention to permanently
misappropriate the corporate funds for
Estafa with abuse of Malversation himself. The law on estafa is clear and does
confidence not make any distinctions between
Funds or property Involves public fund permanent and temporary
are always private. or property misappropriations, for as long as damage is
Offender is aprivate Offender who is suffered by the offended party.
individual or even a usually a public
public officer who is officer is Damage was suffered by the corporation in
not accountable for accountable for his case because if the P1,000,000.00 pesos
public funds or public funds or had not been withdrawn the corporate
property. property. coffers it would have earned interest for the
Crime is committed Crime is committed benefit of the company.
by misappropriating, by appropriating,
converting or taking or Estafa and not qualified theft, is committed
denying having misappropriating or because as corporate treasurer, Alfredo has
receive money, consenting, or , juridical possession of the P5 million pesos
goods or other through in his custody.
personal property abandonment
negligence, This was in the nature of a trust fund
permitting any other entrusted to him for corporate purposes.
person to take the While it is a general principle that
public funds or misappropriation of trust funds for short
property. periods does not always amount to estafa, it
has been held that his principle cannot
Offender entrus Ted with funds or
extend to cases where officers of
pro Perty
corporations converted corporate funds to
continu ing offense
their own use. (U.S. vs. Sevilla, 43 Phil. 190).
Fraudulent intent is not even necessary in
Note: Estafa through false preens made in
such cases because the breach of
writing is only a simple crime of estafa, not
confidence involved in the misappropriation
  A.U. BLUE NOTES

for conversion of trust funds takes the place failure to pay, the bank foreclosed the
of fraudulent intent and is in itself sufficient. mortgage and the lot was sold to X in
( 1989 Bar Question) whose name a new title was issued. In
March 1974, A discovered that the
Q: Aurelia introduced Rosa to Victoria, property was already registered in the
a dealer in jewelry who does business same of X because of an ejectment
in Timog, Quezon City. Rosa, a resident case filed against him by X.
of Cebu City, agreed to sell a diamond 1) If you were the lawyer of A, with
ring and bracelet to Victoria on a what crime or crimes would you
commission basis, on condition that, if charge B? Explain.
these items cannot be sold, they be 2) If you were the counsel of B,
returned to Victoria forthwith. Unable what would be your defense?
to sell the ring and bracelet, Rosa Discuss.
delivered both items to Aurelia in Cebu A:
City with the understanding that 1) The crime committed is estafa thru
Aurelia shall, in turn, return the items falsification of public document.
to Victoria in Timog, Quezon City. 2) My defense will be prescription
Aurelia dutifully returned the bracelet because the crime was committed in
to Victoria but sold the ring, kept the 1964 and almost twenty nine years
cash proceeds thereof to herself, are had already elapsed since then. Even
issued to if we take Falsification and Estafa
14 individually, they have already
1 prescribed. It is to be noted that
check to Victoria which bounced. when it comes to discovery, the fact
Victoria sued Rose for estafa under that the crime was discovered in
Article 315, RPC, Victoria insisting that 1964 will be of no moment because
delivery to a third person of the thing the offended party is considered, to
held in trust is not a defense in estafa. have constructive notice on the
Is Rosa criminally liable for estafa forgery after the Deed of Sale where
under the circumstances? Explain. his signature had been falsified was
A: No, Rosa cannot be held criminally liable registered in the office of the
for estafa. Although she received the Register of Deeds (Cabral vs. Puno,
jewelry from Victoria under an obligation to 70 SCRA 606) (1993 Bar Question)
return the same or deliver the proceeds
thereof, she did not misappropriate it. In OTHER FORMS OF SWINDFLING (Art.
fact, she gave them to Aurelia specifically to 316)
be returned to Victoria. The
misappropriation was done by Aurelia, and Art. 316. Other forms of swindling. —
absent the showing of any conspiracy The penalty of arresto mayor in its
between Aurelia and Rosa, the latter cannot minimum and medium period and a fine
be held criminally liable for Aurelia’s acts. of not less than the value of the
Furthermore, as explained above, Rosa’s damage caused and not more than
negligence which may have allowed Aurelia three times such value, shall be
to misappropriate the jewelry does not imposed upon:
make her criminally liable for estafa. (1999 1. Any person who, pretending to be
Bar Question) owner of any real property, shall
convey, sell, encumber or mortgage
Q: B imitated the signature of A, the same.
registered owner of a lot, in special 2. Any person, who, knowing that real
power of attorney naming him (B) as property is encumbered, shall dispose
the attorney in-fact of A. On February of the same, although such
13, 1964, B mortgaged the lot to a encumbrance be not recorded.
bank using the special power of 3. The owner of any personal property
attorney to obtain a loan of P8,500.00. who shall wrongfully take it from its
On the same day, both the special lawful possessor, to the prejudice of
power of attorney and the ,ortgage the latter or any third person.
contract were duly registered in the
Registry of Deeds. Because of B’s
  A.U. BLUE NOTES

4. Any person who, to the prejudice of 3) Wrongful taking of personal property

another, shall execute any fictitious from its lawful possessor to the
contract. prejudice of the latter or a third
5. Any person who shall accept any person;
compensation given him under the Elements:
belief that it was in payment of a) Offender is the owner of personal
services rendered or labor performed property;
by him, when in fact he did not actually b) Said personal property is in the
perform such services or labor. lawful possessor;
6. Any person who, while being a c) Prejudice is thereby caused to the
surety in a bond given in a criminal or possessor or third person.
civil action, without express authority
from the court or before the 4) .Executing any fictitious contract to
cancellation of his bond or before the prejudice of another;
being relieved from the obligation
contracted by him, shall sell, 5. Accepting any compensation given
mortgage, or, in any other manner, to him under the belief it was in
encumber the real property or payment of services or labor when
properties with which he guaranteed he did not actually perform such
the fulfillment of such obligation. service or labor;
6.
Q: What are the other forms of 6. Selling, mortgaging or in any manner
swindling? encumbering real property while being a
A: surety in bond without express authority
1) Conveying, selling, encumbering, or from the court or before being relieved from
mortgaging any real property, the obligation.
pretending to be the owner of the
same; Elements:
a) Offender is a surety in a bond given
Elements: in a criminal or civil action;
b) He guaranteed the fulfilment of such
a) Thing be immovable; 142 obligation with his real property or
b) Offender who is not the owner of said properties;
property should represent that he is c) He sells, mortgages, or, in any other
the owner thereof; manner encumbers said real
c) Offender should have executed an property;
act of ownership (selling, leasing, d) Such sale, mortgage or encumbrance
encumbering or mortgaging the real is without express authority from the
property); court, or made before the
d) Act is made to the prejudice of the cancellation of his bond, or before
owner or of a third person. being relieved from the obligation
2) Disposing real property knowing it to contracted by him.
be encumbered even if the
encumbrance be not recorded; SWINDLING A MINOR (Art. 317)

Elements: Art. 317. Swindling a minor. — Any

person who taking advantage of the
a) Thing disposed of be real property; inexperience or emotions or feelings of
b) Offender knew that the real property a minor, to his detriment, shall induce
was encumbered, whether the him to assume any obligation or to give
encumbrance is recorded or not; any release or execute a transfer of
c) There must be express any property right in consideration of
representation by the offender that some loan of money, credit or other
the real property is free from personal property, whether the loan
encumbrance; clearly appears in the document or is
d) Act of disposing of the real property shown in any other form, shall suffer
be made to the damage of another; the penalty of arresto mayor and a fine
of a sum ranging from 10 to 50 per
  A.U. BLUE NOTES

cent of the value of the obligation Note: Deceits in this article include false
contracted by the minor. pretences and fraudulent acts.

Q: What are the elements of this CHAPTER SEVEN:

crime? CHATTEL MORTGAGE
A:
1) Offender takes advantage of the REMOVAL, SALE OR PLEDGE OF
inexperience or emotions or feelings MORTGAGED PROPERTY (Art. 319)
of a minor;
2) He induces such minor to assume an Art. 319. Removal, sale or pledge of
obligation, or to give release, or to mortgaged property. — The penalty or
execute a transfer of any property arresto mayor or a fine amounting to
right; twice the value of the property shall be
3) Consideration is some loan of money, imposed upon:
credit or other personal property; 1. Any person who shall knowingly
4) Transaction is to the detriment of remove any personal property
such minor. mortgaged under the Chattel Mortgage
118 Law to any province or city other than
the one in which it was located at the
Q: Is actual proof of deceit or time of the execution of the mortgage,
misrepresentation essential? without the written consent of the
mortgagee, or his executors,
A: No, it is sufficient that the offender takes administrators or assigns.
advantage of the inexperience or emotions 2. Any mortgagor who shall sell or
of the minor. pledge personal property already
pledged, or any part thereof, under the
OTHER DECEITS (Art. 318) terms of the Chattel Mortgage Law,
Art. 318. Other deceits. — The penalty without the consent of the mortgagee
of arresto mayor and a fine of not less written on the back of the mortgage
than the amount of the damage caused and noted on the record hereof in the
and not more than twice such amount office of the Register of Deeds of the
shall be imposed province where such property is
located.
143
upon any person who shall defraud or Q: What are the punishable acts?
damage another by any other deceit
not mentioned in the preceding articles A:
of this chapter. 1. Knowingly removing any personal
Any person who, for profit or gain, property mortgaged under the Chattel
shall interpret dreams, make forecasts, Mortgage Law to any province or city other
tell fortunes, or take advantage of the than the one in which it was located at the
credulity of the public in any other time of execution of the ,mortgage, without
similar manner, shall suffer the penalty the written consent of the mortgagee or his
of arresto mayor or a fine not executors, administrators or assigns.
exceeding 200 pesos.
Elements:
Q: What are the other kinds of deceit a) Personal property is mortgaged
under Art. 318? under the Chattel Mortgage Law;
A: b) Offender knows that such property is
1) Defrauding or damaging another by so mortgaged;
any other deceit not mentioned in c) Offender removes such mortgaged
the preceding articles. personal property to any province or
2) Interpreting dreams, making city other than the one in which it
forecasts, telling fortunes, or taking was located at the time of the
advantage of the credulity of the execution of the mortgage;
public in any other similar manner,
for profit or gain. 2. Removal is permanent;
  A.U. BLUE NOTES

3. There is no written consent of the

mortgagee or his executors, administrators Q: How is Destructive Arson
or assigns to such removal. Any person can committed?
be the offender.
4. Selling or pledging personal property A:
already pledged, or any part thereof, under 1. Any person who shall burn:
the terms of the Chattel Mortgage Law,
without the consent of the mortgagee a) One or more buildings or edifices,
written on the back of the mortgage and consequent to one single act of
noted on the record thereof in the office of burning, or as a result of
the register of deeds of the province where simultaneous burnings, or committed
such property is located. on several or different occasions;
b) Any building of public or private
Elements: ownership, devoted to the public in
general or where people usually
a) Personal property is already pledged gather or congregate for a definite
under the terms of the Chattel purpose regardless of whether the
Mortgage Law; offender had knowledge that there
b) Offender, who is the mortgagor of are persons in said building or edifice
such property, sells or pledges the at the time it is set on fire and
same or any part thereof; regardless also of whether the
c) There is no consent of the mortgagee building is actually inhabited or not;
written on the back of the mortgage c) Any train or locomotive, ship or
and noted on the record thereof in vessel, airship or airplane, devoted
the office of the register of deeds. to transportation or conveyance, or
for public use, entertainment or
Note: Chattel mortgage must be valid and leisure.
subsisting. d) Any building, factory, warehouse
Removal of the mortgaged personal installation and any appurtenances
property must be coupled with intent to thereto, which are devoted to the
defraud. service of public utilities;
e) Any building the burning of which is
Removal of the mortgaged personal for the purpose of concealing or
property must be couples with intent to destroying evidence of another
defraud. violation of law, or for purpose of
concealing bankruptcy or defrauding
Chapter Eight: 144 creditors or to collect from insurance.
ARSON AND OTHER CRIMES INVOLVING
DESTRUCTIONS 2. Two or more persons or by a group
of persons, regardless of whether their
ARSON purpose is merely constitutes an overt act in
Q: What is Arson? the commission of another violation of law.

A: Arson is the malicious destruction of 3, Any person who shall burn:

property by fire.
a) Any arsenal, shipyard, storehouse or
Note: Laws on arson in force are PD 1613 military powder or fireworks factory,
and Art. 320, as amended by RA 7659. ordinance, storehouse, archives or
general museum of the government.
Q: What are the Kinds of Arson? b) In an inhabited place, any storehouse
1) Arson, under Sec.1 of P.D. 1613; o factory of inflammable or explosive
2) Destructive arson, under Art. 320 materials.
RPC, as amended by R.A. 7659
3) Other cases of arson, under Sec.3 of Other Kinds of Arson (Sec. 3, PD 1613)
PD. 1613. The property burned is any of the
following:
DESTRUCTIVE ARSON
(Art. 320, as amended by RA 7659)
  A.U. BLUE NOTES

a) Any building used as offices of the burning of their home and the other
Government or any of its agencies; neighboring houses. Nestor
b) Any inhabited house or dwelling; was forthwith convicted of Destructive
c) Any industrial establishment, Arson. Was
shipyard, oil well or mine shaft,
platform or tunnel 120
d) Any plantation, farm, pasture land, Nestor’s conviction for the crime of
growing crop, grain field, orchard, destructive arson proper?
bamboo grove or forest;
e) Any rice mill, sugar mill, cane mill or A: No, the crime committed by Nestor is
mill central; and simple arson penalized under Sec. 3 par. 2
f) Any railway or bus station, airport, of PD 1613 as the properties burned by him
wharf or warehouse. are specifically described as houses,
contemplating inhabited houses or dwellings
Q: What are the special aggravating under the aforesaid law. Simple Arson
circumstances in arson? (Sec. 4, PD contemplates crimes with less significant
1613): social, economic, political and national
security implications than Destructive
A: Arson. Destructive arson under Article 320
1) If committed with intent to gain; of the RPC, on the other hand, contemplates
2) If committed for the benefit of the burning of buildings and edifies. (People
another; of the Philippines vs. Nestor Soriano, G.T.
3) If the offender is motivated by spite No. 142565. July 29, 2003)
or hatred towards the owner or
occupant of the property burned; Chapter Nine:
4) If committed by a syndicate. MALICIOUS MISCHIEF
MALICIOUS MISCHIEF (Art. 327)
Note: Offense is committed by a syndicate Art. 327. Who are liable for malicious
if it is planned or carried out by a group of mischief. — Any person who shall
three or more persons. deliberately cause the property of
another any damage not falling within
Illustration: the terms of the next preceding
Where the accused was charged with chapter shall be guilty of malicious
violation of PD 613 without specifying the mischief.

145 Q: What is malicious mischief?

particular provision breached and the
information failing to allege whether or not A: Malicious mischief is the willful damaging
the burnt house is inhabited, and not having of another’s property by any act not
established that it was situated in a constituting arson or crimes of destruction
populated or congested area, he should be due to hate, revenge or mere pleasure of
deemed to have been charged only with destroying.
plain Arson under Sec. 1 of PD 613. (People
vs. Gutierrez, 258 SCRA 70) Q: What are the elements of malicious
mischief?
Q: Nestor was had an argument with
his live-in partner, Honey concerning A:
their son. During their heated 1) Offender deliberately caused
discussion, Nestor intimated to Honey damage to the property of another;
his desire to have sex with her but the 2) Such act does not constitute arson or
same was thwarted. Frustrated and other crimes involving destruction;
incensed, Nestor set fire on both the 3) Act of damaging another’s property
plastic partition of the room and be committed merely for the sake of
Honey’s clothes in the cabinet. After damaging it.
realizing what he did, Nestor
attempted to put out the flames but it Note: The property must be personal (not
was too late. This resulted to the real).
  A.U. BLUE NOTES

There is destruction of the property of demolishing Julita’s nipa hut. As it is, Mario
another but there is no misappropriation. proceeded not so much to safeguard the lot
Otherwise, it would be theft if the gathers as it the vent to his anger and disgust over
the effects of destruction. the ‘’no trespassing” sign he placed
thereon. Indeed, his act of summarily
Malicious mischief does not necessarily demolishing the house smacks of his
involve moral turpitude. pleasure in causing damage to it.(Mario
Valeroso v. People of the Philippines, G.R.
Malicious mischief being a deliberate act No. 149718. September 29, 2003)
cannot be committed thru negligence.

Q: Mario was hired by the PNB as SPECIAL CASES OF MALISCIOUS

caretaker of its lot situated in Balanga, MISCHIEF/QUALIFIED MALICIOUS
Bataan. Consequently, Mario put up on MISCHIEF (Art. 328)
the said lot a sign which reads “No
Trespassing, PNB Property’ toward off Art. 328. Special cases of malicious
squatters. Despite the sign, Julita, mischief. — Any person who shall cause
believing that the said lot was owned damage to obstruct the performance of
by her grandparents, constructed a public functions, or using any
nipa hut thereon. Hence, Mario, poisonous or corrosive substance; or
together with four others, tore down spreading any infection or contagion
and demolished Julita’s hut. She thus among cattle; or who cause damage to
filed with the MTC a criminal complaint the property of the National Museum
for malicious mischief. Mario was or National Library, or to any archive or
subsequently convicted of malicious registry, waterworks, road,
mischief. promenade, or any other thing used in
common by the public, shall be
Mario admitted that he deliberately punished:
demolished Julita’s nipa hut but he, 1) By prision correccional in its
however, contends that the third minimum and medium periods, if
element of the crimeof malicious the value of the damage caused
mischief, i.e., that the act of damaging exceeds 1,000 pesos;
another’s property be committed 2) By arresto mayor, if such value
merely for the sake of damaging it, is does not exceed the
not present in this case. He maintains abovementioned amount but it is
that the demolition of the nipa hut is over 200 pesos; and
for the purpose of safeguarding the 121
interest of his employer. Was the court 3) By arresto menor, in such value
correct in convicting Mario of malicious does not exceed 200 pesos.
mischief?
Q: What are the punishable acts under
146 this article?
A:
A: Yes, Mario’s conviction for malicious a) Causing damage to obstruct the
mischief must be sustained. The elements performance of public functions.
of the crime of malicious mischief under b) Using any poisonous or corrosive
Article 327 of the RPC are: substance.
c) Spreading any infectious or
(1) That the offender deliberately caused contagion among cattle.
damage of the property of another; d) Causing damage to the property of
(2) That such act does not constitute the National Museum or National
arson or another crimes involving Library, or to any archive or registry,
destruction; waterworks, road, promenade, or any
(3) That the act of damaging another’s other thing used in common by the
property be committed merely for the sake public.
of damaging it.
As to the third element, Mario was not DAMAGE OR OBSTRUCTION TO MEANS
justified in summarily and extra judicially OF COMMUNICATION (Art. 330)
  A.U. BLUE NOTES

3. Brothers and sisters and brothers-in-

Art. 330. Damage and obstruction to law and sisters-in-law, if living
means of communication. — The together.
penalty of prision correccional in its The exemption established by this
medium and maximum periods shall be article shall not be applicable to
imposed upon any person who shall strangers participating in the
damage any railway, telegraph or commission of the crime.
telephone lines.
If the damage shall result in any Q: What are the crimes involved in this
derailment of cars, collision or other article?
accident, the penalty of prision mayor
shall be imposed, without prejudice to A:
the criminal liability of the offender for 1. Theft,
the other consequences of his criminal 2. Swindling (estafa),
act. 3. Malicious mischief
For the purpose of the provisions of
the article, the electric wires, traction Q: Who are the persons exempted
cables, signal system and other things under Art. 332?
pertaining to railways, shall be deemed
to constitute an integral part of a A:
railway system. 1. Spouses, ascendants and
descendants, or relatives by affinity in the
Q: How is this crime committed? same line.
2. The widowed spouse with respect to
A: Committed by damaging any railway, the property which belonged to the
telegraph or telephone lines. deceased spouse before the same passed
into the possession of another.
Q: What would qualify this crime? 3. Brothers and sisters and brothers-in-
law and sisters-in-law, if living together.
A: If the damage results in any derailment of
cars, collision, or other accident. Q: Who are included in the
enumeration?
Chapter Ten:
EXEMPTION FROM CRIMINAL LIABILITY A: Included are stepfather, adopted
IN CRIMES AGAINST PROPERTY children, natural children, concubine and
paramour.
PERSONS EXEMPT FROM CRIMINAL
LIABILITY Note: Art. 332 also applies to common-law
(Art. 332) spouses

Art. 332. Persons exempt from criminal Exemption does not apply to strangers
liability. — No criminal, but only civil participating in the commission of the
liability, shall result from the crime.
commission of the crime of theft, Estafa should not be complexed with any
swindling or malicious mischief other crime in order for exemption to
committed or caused mutually by the operate.
following persons:
147 TITLE ELEVEN
1. Spouses, ascendants and CRIMES AGAINST CHASTITY
descendants, or relatives by affinity in
the same line. Q: What are private crimes?
2. The widowed spouse with respect to
the property which belonged to the A: The crimes of adultery, concubinage,
deceased spouse before the same shall seduction, abduction and acts of
have passed into the possession of lasciviousness are the so-called private
another; and crimes.
  A.U. BLUE NOTES

Note: They cannot be prosecuted except 1

upon the complaint initiated by the offended 48
party. woman with the offended party be
subsequently declared void, there is still
Ratio: The law regards the privacy of the Adultery because until the marriage is
offended party here as more important than declared to be null and void by competent
gives the offended party the preference authority in a final judgment, the offense to
whether to sue or not to sue. the vows taken and the attack to the family
exist.
But the moment the offended party has
initiated the criminal complaint, the public Adultery is an instantaneous crime which is
prosecutor will consummated and completed at the
moment of the carnal union.
take over and continue with prosecution of
the offender. A single intercourse consummates the crime
of adultery. Each sexual intercourse
The moment the prosecution starts, the constitutes a crime of adultery, even if it
crime has already become public and it’s involves the same man.
beyond the offended party to pardon the
offender. There is no frustrated adultery because of
the nature of the offense.
Chapter One: Abandonment without justification is not
ADULTERY AND CONCUBINAGE exempting, but only mitigating
circumstance.
ADULTERY (Art. 333)
Acquittal of one of the defendants does not
Art. 333. Who are guilty of adultery. — operate as a cause of acquittal of the other.
Adultery is committed by any married
woman who shall have sexual Ratio:
intercourse with a man not her 1. There may not be a joint criminal
husband and by the man who has intent, although there is joint
carnal knowledge of her knowing her physical act.
to be married, even if the marriage be 2. One of the parties may be insane
subsequently declared void. and the other sane, in which case,
Adultery shall be punished by prision only the sane could be held liable
correccional in its medium and criminally.
maximum periods. 3. The man may not know that the
If the person guilty of adultery woman is married, in which case, the
committed this offense while being man is innocent.
abandoned without justification by the 4. Death of the woman during the
offended spouse, the penalty next pendency of the action cannot defeat
lower in degree than that provided in the trial and conviction of the man.
the next preceding paragraph shall be 5. Even if the man had left the country
imposed. and could not be apprehended the
woman can be tried and convicted.
Q: What are the elements of adultery?
A: Q: What is the rationale of the law for
1. Woman is married; penalizing adultery?
2. She has sexual intercourse with a
man not her husband; A: The violation of the marriage vow seems
3. As regards the man with whom she to be the fundamental ground for the
has sexual intercourse, he must punishment of adultery and not the
know her to be married. possibility of introducing an offspring into
the family.
For adultery to exist, there must be a
marriage although it be subsequently Note: Even a married woman who due to
annulled. However, even if the marriage of a her age, can no longer conceive, is liable for
guilty adultery.
  A.U. BLUE NOTES

A:
Pardon must come before the institution of 149
the criminal prosecution; and 1. Man must be married;
2. He committed any of the following
Both the offenders must be pardoned by the acts;
offended party. a) Keeping a mistress in the conjugal
dwelling, or
Q: How is adultery distinguished from b) Having sexual intercourse, under
prostitution? scandalous circumstances, with a
A: woman who is not his wife, or
Adultery Prostitution c) Cohabiting with her in any other
It is a private offense It is a crime against place.
public moral 3, As regards the woman, she must know
Committed by a Committed by a him to be married.
married woman who woman whether
shall have married or not, who Q: Who is included in the complaint?
intercourse with a for money or profit,
man not her habitually indulges A: The complaint must include both parties
husband. in sexual intercourse if they are both alive. In case of pardon or
or lascivious when the offended spouse consented, the
conduct. same shall bar the prosecution of the
offenses, provided it be done before the
institution or filing of criminal complaint.
CONCUBINAGE (Art. 334)
Only the offended spouse can bring the
Art. 334. Concubinage. — Any husband prosecution.
who shall keep a mistress in the
conjugal dwelling, or shall have sexual This is a crime committed by the married
intercourse, under scandalous man, the husband. Similarly, it includes the
circumstances, with a woman who is woman who had a relationship with the
not his wife, or shall cohabit with her married man.
in any other place, shall be punished
by prision correccional in its minimum Note: Concubinage involves moral
and medium periods. turpitude.
The concubine shall suffer the penalty
of destierro. Concubinage is a continuing crime.

Q: What are the punishable acts? Illustration:

123
If the charges consist in keeping a mistress
in the conjugal dwelling, there is no need of
A: proof of sexual intercourse. The conjugal
1. Keeping a mistress in the conjugal dwelling is the house of the spouses even if
dwelling; or the wife happens to be temporarily absent
2. Having sexual intercourse, under therefrom. The woman however must be
scandalous circumstances, with a brought to the conjugal house by the
woman who is not his wife; or accused as concubine to fall under this
3. Cohabiting with her in any other article. Thus, if the co-accused was
place. voluntarily taken and sheltered by the
spouses in their house, and treated as an
Note: Unlike in adultery where a single adopted child being a relative of the
sexual intercourse may constitute such complaining wife, her illicit relations with
a crime, in concubinage, a married man is the accused husband does not make her a
liable only when he does the above acts. mistress.

Q: What are the elements of Illustration:

concubinage?
  A.U. BLUE NOTES

If the charge is cohabiting with a woman not d) When the offended party is under 12
his wife in any other place, proof of actual years of age or is demented.
sexual intercourse may not be necessary
too. But the term “cohabit” means
intercourse together as husband or wife or 150
living together as husband and wife. The
cohabitation must be for some period of Note: Under Art. 336, acts of lasciviousness
time which may be a week, a year or longer is committed when the act performed with
as distinguished from occasional or lewd design was perpetrated under
transient meetings for unlawful sexual circumstances which would have brought
intercourse. about the crime of rape is sexual
intercourse was effected.
Q: May a husband be liable for
concubinage and adultery at the same Illustration:
time for the same act of illicit
intercourse with the wife of another When the accused not only kissed and
man? embraced the complaint but also fondled
A: Yes, when the husband commits her beast with particular design to
concubinage with a married woman and independently derive vicarious pleasure
provided that the two offended parties, i.e., therefrom, the element of lewd design
his wife and the husband of his mistress file exists.
separate cases against him.
Illustration:
Chapter Two: If lewd design cannot be proven as where
ACTS OF LASCIVIOUSNESS the accused merely kissed and embraced
the complainant either out of passion or
Q: What are the two kinds of acts of other motive, touching her breast as a mere
lasciviousness? incident, the act would be categorized as
unjust vexation. (People vs. Climaco (CA) 46
A: Acts of lasciviousness: O.G. 3186)

1. Under article 336, and Q: Who may be the offended party?

2. Under article 339.
A: The offended party may be a man or a
ACTS OF LASCIVIOUSNESS (Art. 336) woman.
a) Under 12 years of age; or
Art. 336. Acts of lasciviousness. — Any b) Being over 12 years of age, the
person who shall commit any act of lascivious acts were committed on
lasciviousness upon other persons of him or her through violence or
either sex, under any of the intimidation or while the offender
circumstances mentioned in the party was deprived of reason, or
preceding article, shall be punished by otherwise unconscious.
prision correccional. Illustration:
Thus, a lesbian who toyed with the private
Q: What are the elements of this part of an eleven year old girl who enjoyed
crime? it since she was given $50 before the act, is
A: guilty of Acts of Lasciviousness under this
1. Offender commits any act of article as the victim is below twelve years
lasciviousness of lewdness; old; and had sexual intercourse been
2. Act of lasciviousness is committed possible and done, the act would have been
against a person of either sex; rape.
3. It is done under any of the following
circumstances: Q: What is required in order to sustain
a) By using force or intimidation; or conviction for acts of lasciviousness?
b) When the offended party is deprived
of reason or otherwise unconscious; A: It is essential that the acts complained of
c) By means of fraudulent machination be prompted by lust or lewd designs and
or grave abuse of authority; or
  A.U. BLUE NOTES

that the victim did not consent or encourage promise of marriage or other means of
such acts. persuasion without use of force.
Q: Is intent to rape an element of the
crime? QUALIFIED SEDUCTION (Art. 337)
151
A: Intent to rape is not a necessary element
of the crime of acts of lasciviousness; Art. 337. Qualified seduction. — The
otherwise, there would be no crime of seduction of a virgin over twelve years
attempted rape. and under eighteen years of age,
Note: There can be no frustration of acts of committed by any person in public
lasciviousness, or rape or of adultery. authority, priest, home-servant,
domestic, guardian, teacher, or any
Ratio: From the moment the offender person who, in any capacity, shall be
performs all elements necessary for the entrusted with the education or
existence of the felony, he actually attains custody of the woman seduced, shall
his purpose and, from that moment, all the be punished by prision correccional in
essential elements of the offense have been its minimum and medium periods.
accomplished. The penalty next higher in degree shall
be imposed upon any person who shall
Q: What are the distinctions between seduce his sister or descendant,
acts of lasciviousness and attempted whether or not she be a virgin or over
rape? eighteen years of age.
A: Under the provisions of this Chapter,
Acts of Attempted Rape seduction is committed when the
Lasciviousness offender has carnal knowledge of any
Purpose is only to Lascivious acts are of the persons and under the
commit acts of themselves the final circumstances described herein.
lewdness. objective sought by
Purpose is to the offender. Q: What are the acts that constitute
lie with the offended qualified seduction?
woman. A:
Lascivious acts are Lascivious acts are 1. Seduction of a virgin over 12 years
themselves the final but the preparatory and under 18 years of age by certain
objective sought by acts to the persons, such as, a person in
the offender commission of rape. authority, priest, teacher, etc., and
Elements:
a) Offended party is a virgin, which is
Illustration: presumed
b) she is unmarried and of good
Thus, when the accused lifted the dress of reputation;
the offended party, and placed him on top
of her but the woman awoke and screamed 125
for help and despite that, the accused c) She is over 12 and under 18 years of
persisted in his purpose, tearing the age;
drawers, kissing and fondling her breasts, d) Offender has sexual intercourse with
the crime is not only Acts of Lasciviousness her;
but that of Attempted Rape. e) There is abuse of authority,
confidence or relationship on the
Chapter Three: part of the offender.
SEDUCTION, CORRUPTION OF MINORS
AND WHITE SLAVE TRADE 2. .Seduction of a sister by her brother,
or descendant by her ascendant,
SEDUCTION regardless of her age or reputation.

Q: How is seduction committed? In this case, it is not necessary that the

offended party is still a virgin.
A: Seduction is committed by enticing a
woman to unlawful sexual intercourse by
  A.U. BLUE NOTES

Q: Who are the persons liable for The virginity referred to here, is not to be
qualified seduction? understood in so a material sense as to
A: exclude the idea of abduction of a virtuous
1. Those who abused their authority: woman of a good reputation. Thus, when
a. Person in public authority; the accused claims he had prior sexual
b. Guardian;
c. Teacher; 152
d. Person who, in any capacity, is intercourse with the complainant, the latter
entrusted with education or is still to be considered a virgin. But if it was
custody of the woman seduced; established that the girl had carnal relations
2. Those who abused confidence with other men, there can be no crime of
reposed in them: Seduction as she is not a virgin.
a. Priest;
b. House servant; Illustration:
c. Domestic;
Although in qualified seduction, the age of
Illustration: the offended woman is considered, if the
offended party is a descendant or a sister of
Where the complainant who is 16 years old the offender – no matter how old she is or
lives in the same house where the accused, whether she is a prostitute – the crime of
her uncle, also lives the latter is guilty of qualified seduction is committed.
Qualified Seduction when he had sexual
intercourse with her with consent since he is SIMPLE SEDUCTION (Art. 338)
considered a domestic. (People vs. Subing
Subing, 228 SCRA 168) Art. 338. Simple seduction. — The
seduction of a woman who is single or
Illustration: a widow of good reputation, over
twelve but under eighteen years of
A domestic is applied to a person usually age, committed by means of deceit,
living under the same roof, pertaining to the shall be punished by arresto mayor.
same house, and constituting in this sense a
part thereof, distinguishing it from the term Q: What are the elements of simple
“servant”. (People vs. Alvarez, 55 SCRA 92) seduction?
A:
3. Those who abused their relationship: 1. Offended party is over 12 and under
a. Brother who seduced his sister; 18 years of age;
b. Ascendant who seduced his 2. She must be of good reputation,
descendant. single or widow;
3. Offender has sexual intercourse with
Note: Qualified seduction involves sexual her;
intercourse which was done with the 4. It is committed by means of deceit.
consent of the woman; otherwise, the crime
is rape. The offended woman must be over Note: Virginity of offended party is not
12 but below 18 years. required.

Q: Is deceit is necessary in qualified The deceit generally takes form of an

seduction? unfulfilled promise to marry, and this
A: No. promise need not immediately precede the
sexual act.
Q: What is the meaning of “virginity”
for purposes of qualified seduction? ACTS OF LASCIVIOUSNESS WITH THE
CONSENT OF THE OFFENDED PARTY
A: “Virginity” does not mean physical Q: What are the elements of this
virginity. It refers to a woman of chaste crime?
character or virtuous woman of good A:
reputation. 1. Offender commits acts of
lasciviousness or lewdness;
  A.U. BLUE NOTES

2. .Acts are committed upon a woman

who is virgin or single or widow of Illustration:
good reputation, under 18 years of This is usually the act of a pimp who offers
age but over 12 years, or a sister or to pleasure seekers, women for the
descendant regardless of her satisfaction of their lustful desires. A mere
reputation or age; proposal would
3. Offender accomplishes the acts by 1
abuse of authority, confidence, 53
relationship, or deceit consummate the crime. But it must be to
126 satisfy the lust of another, not his
4. .Male cannot be the offended party (proponent’s). The victim must be below 18.
in this crime.
WHITE SLAVE TRADE (Art.341)
Note: In other words, where the acts of the Art. 341. White slave trade. — The
offender were limited to acts of lewdness or penalty of prision mayor in its medium
lasciviousness, and no carnal knowledge and maximum period shall be imposed
was had, but had there been sexual upon any person who, in any manner,
intercourse, the offense would have been or under any pretext, shall engage in
seduction; he is guilty of Acts of the business or shall profit by
Lasciviousness under this article. prostitution or shall enlist the services
of any other for the purpose of
CORRUPTION OF MINORS (Art. 340) prostitution (As amended by Batas
(AS AMENDED BY BP 92) Pambansa Blg. 186.)

Art. 340. Corruption of minors. — Any Q: What are the punishable acts?
person who shall promote or facilitate A:
the prostitution or corruption of 1. Engaging in the business of
persons underage to satisfy the lust of prostitution;
another, shall be punished by prision 2. Profiting by prostitution;
mayor, and if the culprit is a pubic 3. Enlisting the service of women for
officer or employee, including those in the purpose of
government-owned or controlled prostitution.
corporations, he shall also suffer the
penalty of temporary absolute Chapter Four:
disqualification. (As amended by Batas ABDUCTION
Pambansa Blg. 92). ABDUCTION
Q: What is abduction?
Q: Who are the persons liable under A: Taking away of a woman from her house
this article? or the place where she may be for the
A: Any person who shall promote or purpose of carrying her to another place
facilitate the prostitution or corruption of with intent to marry or to corrupt her.
persons under age to satisfy the lust of
another. Q: What are the Kinds of Abduction?
A:
Q: Is it necessary that unchaste acts 1. Forcible Abduction (Art. 342)
are done?
Elements:
A: No. Mere proposal consummates the 1. Person abducted is any woman
offense. regardless of her age, civil status or
reputation;
Note: Victim must be of good reputation, 2. Abduction is against her will;
not a prostitute or corrupted person. 3. Abduction is with lewd designs.

Under the present wordings of the law, a Illustration:

single act of promoting or facilitating the
corruption or prostitution of minor is If the female abducted is under 12 years of
sufficient to constitute violation of this age the crime is forcible abduction, even if
article. she voluntarily goes with her abductor.
  A.U. BLUE NOTES

Where lewd design was not proved or because she consented thereto but to
shown, and the victim was deprived of her prescribe punishment for the disgrace of her
liberty, the crime is kidnapping with Serious family and the alarm caused to the parents
Illegal Detention under Art. 267. by the

Illustration: 154
If the accused carried or took away the disgrace of a beloved one who by her age
victim by means of force and with lewd and sex, is susceptible of deceit, cajolery
design and thereafter raped her, the crime and even perdition. (U.S. vs. Reyes, 20 Phil.
is Forcible Abduction with Rape, the former 510)
being a necessary means to commit the
latter. The subsequent 2 other sexual Chapter Five:
intercourses committed against the will of PROVISIONS RELATIVE TO THE
the complainant would be treated as PRECEDING CHAPTERS OF THE TITLE
independent separate crimes of Rape. ELEVEN
(People vs. Bacalso, 210 SCRA 206).
PRODSECUTION OF THE CRIMES OF
Q: Is sexual intercourse necessary? ADULTERY, CONCUBINAGE, SEDUCTION,
A: Sexual intercourse is not necessary in ABDUCTION, RAPE, AND ACTS OF
forcible abduction, the intent to seduce a LASCIVIOUSNESS (Arts. 344-346)
girl is sufficient.
Note: there is no complex crime of forcible Art. 344. Prosecution of the crimes of
abduction with attempted rape because the adultery, concubinage, seduction,
attempt to rape is absorbed by the abduction, rape and acts of
abduction. lasciviousness. — The crimes of
adultery and concubinage shall not be
3. Consented Abduction (Art. 343) prosecuted except upon a complaint
filed by the offended spouse.
Q: What are the elements of consented
abduction? The offended party cannot institute criminal
A: prosecution without including both the
1. Offended party must be a virgin; guilty parties, if they are both alive, nor, in
2. She must be over 12 and under 18 any case, if he shall have consented or
years of age; pardoned the offenders.
3. Taking away of the offended party The offenses of seduction, abduction, rape
must be with her consent, after or acts of lasciviousness, shall not be
solicitation or cajolery from the prosecuted except upon a complaint filed by
offender; the offended party or her parents,
4. Taking away of the offended party grandparents, or guardian, nor, in any case,
must be with lewd designs. if the offender has been expressly pardoned
Illustration: by the above named persons, as the case
may be.
If the offended party is under 12 years of
age, crime committed is forcible abduction, In cases of seduction, abduction, acts of
even if the girl agrees to the elopement. lasciviousness and rape, the marriage of the
offender with the offended party shall
In Consented Abduction, it is not necessary extinguish the criminal action or remit the
that the young victim (a virgin over twelve penalty already imposed upon him. The
and under 18) be personally taken from her provisions of this paragraph shall also be
parent’s home by the accused; it is applicable to the co-principals, accomplices
sufficient that he was instrumental in and accessories after the fact of the above-
leaving the house. He must however use mentioned crimes.
solicitation, cajolery or deceit, or honeyed
promises of marriage to induce the girl to Art. 345. Civil liability of persons guilty
escape from her home. of crimes against chastity. — Person
guilty of rape, seduction or abduction,
Ratio: Actually, the purpose of the law is shall also be sentenced:
not to punish the wrong done to her,
  A.U. BLUE NOTES

1. To indemnify the offended May be express or implied. An express

woman. pardon by the offended party or other
2. To acknowledge the offspring, persons named in the law to the offender,
unless the law should prevent as the case may be, bars prosecution.
him from so doing. 128
3. In every case to support the
offspring. G.R.: Parent cannot validly pardon to the
offender without the express pardon of the
The adulterer and the concubine in the girl.
case provided for in Articles 333 and 155
334 may also be sentenced, in the
same proceeding or in a separate civil XPN: When she is dead or otherwise
proceeding, to indemnify for damages incapacitated to grant it, that her parents,
caused to the offended spouse. grandparents or guardian may do so for her.

Art. 346. Liability of ascendants, G.R.: Pardon by the offended party who is a
guardians, teachers, or other persons minor must have the concurrence of
entrusted with the custody of the parents.
offended party. — The ascendants,
guardians, curators, teachers and any XPN: When the offended girl has no parents
person who, by abuse of authority or who could concur in the pardon.
confidential relationships, shall
cooperate as accomplices in the Note: Both the guilty parties, if both alive
perpetration of the crimes embraced in must be included in the complaint for the
chapters, second, third and fourth, of adultery or concubinage.
this title, shall be punished as
principals. GR: Offended party, even if a minor, has the
right to institute the prosecution for the
Teachers or other persons in any other above mentioned offenses, independently of
capacity entrusted with the education her parents, grandparents or guardian.
and guidance of youth, shall also suffer
the penalty of temporary special XPN: If she is incompetent or incapable of
disqualification in its maximum period doing so upon grounds other than her
to perpetual special disqualification. minorit.
Any person falling within the terms of If the offended woman is of age, she should
this article, and any other person be the one to file the complaint.
guilty of corruption of minors for the
benefit of another, shall be punished Q: Who may file the complaint where
by special disqualification from filling offended minor fails to file the same?
the office of guardian. A:
1. Her parents
Adultery and Concubinage Seduction, 2. Grandparents or
abduction, rape or acts of lasciviousness. 3. Guardian

Prosecution - Must be prosecuted upon Note: Right to the file the action granted to
complaint signed by the offended spouse: the parents, grandparents or guardian is
exclusive and successive in the order
a. Offended party, provided.
b. Her parents,
c. Grandparents or Q: What is the legal effect of the
d. Guardians in the order named above. marriage of the offender and the
offended party?
Pardon Must be made by the
offended party to both the offender. A: Marriage of the offender with the
offended party in seduction, abduction, acts
May be a bar to prosecution if made before of lasciviousness and rape, extinguishes
the institution of the criminal action. criminal action or remits the penalty already
imposed.
  A.U. BLUE NOTES

for another shall be punished by

CIVIL LIABILITY OF PERSONS GUILTY OF prision mayor and a fine of not
CRIMES AGAINST CHASTITY exceeding 1,000 pesos.

Q: What is the civil liability of persons The same penalties shall be imposed
guilty of rape, seduction or abduction? upon any person who shall conceal or
abandon any legitimate child with
1. To indemnify the offended woman. intent to cause such child to lose its
2. To acknowledge the offspring, unless civil status.
the law should prevent him from
doing so. Any physician or surgeon or public
3. In every case to support the officer who, in violation of the duties of
offspring. his profession or office, shall cooperate
in the execution of any of the crimes
Q: What is the civil liability of the mentioned in the two next preceding
adulterer and the concubine? paragraphs, shall suffer the penalties
therein prescribed and also the penalty
A: To indemnify for damages caused to the of temporary special disqualification.
offended spouse.
Q: What are the punishable acts?
Note: No civil liability for acts of
lasciviousness. A:
1. Simulation of births.
Q: What is the Liability of Ascendants, 2. Substitution of one child for another.
Guardians, Teachers or Other Persons 3. Concealing or abandoning any
Entrusted with the Custody of the legitimate child with intent to cause
Offended Party? such child to lose its civil status.
129
A: Persons who cooperate as accomplices
but are punished as principals in rape, Q: What are the requisites?
seduction, abduction etc. they are:
1 Ascendants; A:
2 Guardians; 1. Child must be legitimate;
3 Curators; 2. Offender conceals or abandons such
4 Teachers; child; and
5 Any other person who cooperates as 3. Offender has the intent to cause
accomplice with abuse of authority such child to lose its civil status.
or confidential relationship.
Q: When does simulation of birth take
TITLE TWELVE place?
CRIMES AGAINST THE CIVIL STATUS OF
PERSONS A: Simulation of Birth takes place when the
woman pretends to be pregnant when in
Chapter One: fact she is not, and on the day of the
SIMULATION OF BIRTHS AND supposed delivery, takes the child of
USURPATION OF CIVIL STATUS another as her own.
Note: Simulation which is a crime is that
SIMULATION OF BIRTHS, SUBSTITUTION which alters the civil status of a person.
OF ONE CHILD FOR ANOTHER, AND
CONCEALMENT OR ABANDONMENT OF Physician or surgeon or public officer who
A LEGITIMATE CHILD cooperates in the execution of the crime is
(Art. 347) also liable.

Art. 347. Simulation of births, USURPATION OF CIVIL STATUS (Art.

substitution of one child for another 348)
and concealment or abandonment of a
legitimate child. — The simulation of Art. 348. Usurpation of civil status. —
births and the substitution of one child The penalty of prision mayor shall be
  A.U. BLUE NOTES

imposed upon any person who shall

usurp the civil status of another, Q: Is nullity of the first marriage is a
should he do so for the purpose of defense in bigamy charge?
defrauding the offended part or his
heirs; otherwise, the penalty of prision A: No.
correccional in its medium and Note: Second marriage must have all the
maximum periods shall be imposed. essential requisites for validity.
Q: How is the crime committed? Validity of second marriage is a prejudicial
question to liability for bigamy.
A: Committed when a person represents
himself to be another and assumes the Q: Is bigamy is a private crime?
filiation or the parental or conjugal rights of
such another person. A: No.
Note: A person convicted for bigamy may
Q: What does civil status include? still be prosecuted for concubinage.

A: Civil Status includes one’s public station 156

or the nights, duties, capacities and
incapacities which determine a person to a GR: A judicial declaration of nullity of a
given class. previous marriage is necessary before a
subsequent one can be legally contracted.
Note: There must be intent to enjoy the One who enters into a subsequent marriage
rights arising from the civil status of without first obtaining such judicial
another. declaration is guilty of bigamy. This
principle applies even if the earlier union is
Q: What would qualify this crime? characterized by statuses as “void”.
(Mercado vs. Tan G.R. No. 137110, 1 August
A: If the purpose is to defraud offended 2000)
parties and heirs.
Chapter Two: XPN: Where no marriage ceremony at all
ILLEGAL MARRIAGES was performed by a duly authorized
solemning officer. (Morigo vs. People G.R.
BIGAMY (Art. 349) No. 145226 February 06, 2004)

Art. 349. Bigamy. — The penalty of Illustration:

prision mayor shall be imposed upon
any person who shall contract a second In the instant case, no marriage ceremony
or subsequent marriage before the at all was performed by a duly authorized
former marriage has been legally solemnizing officer. Petitioner and Lucia
dissolved, or before the absent spouse Barrete merely sign a marriage contract on
has been declared presumptively dead their own. The mere private act of signing a
by means of a judgment rendered in marriage contract bears no semblance to a
the proper proceedings. valid marriage and thus, needs no judicial
declaration of nullity. Such act alone,
Q: What are the elements of bigamy? without more, cannot be deemed to
constitute an ostensibly valid marriage for
A: which petitioner might be held for bigamy
1. Offender has been legally married; unless he first secures a judicial declaration
2. Marriage has not been legally of nullity before he contracts a subsequent
dissolved or, in case his or her marriage. (Morigo V. People G.R. No.
spouse is absent, the absent spouse 145226 February 06, 2004)
could not yet be presumed dead 130
according to the New Civil Code;
3. He contracts a second or subsequent MARRIAGE CONTRACTED AGAINST
marriage; PROVISIONS OF LAWS (Art. 350)
4. Second or subsequent marriage has
all the essential requisites for Art. 350. Marriage contracted against
validity. provisions of laws. — The penalty of
  A.U. BLUE NOTES

prision correccional in its medium and 1. Widow who married within 301 days
maximum periods shall be imposed from the date of the death of her
upon any person who, without being husband, or before having delivered
included in the provisions of the next if she is pregnant at the time of his
proceeding article, shall have not been death.
complied with or that the marriage is 2. Woman whose marriage having been
in disregard of a legal impediment. annulled or dissolved, married before
If either of the contracting parties shall her delivery or before the expiration
obtain the consent of the other by of the period of 301 days after the
means of violence, intimidation or date of the legal separation.
fraud, he shall be punished by the
maximum period of the penalty Note: Period of 301 days may be
provided in the next preceding disregarded if the first husband was
paragraph. impotent or sterile.

Q: What are the elements of this Period of 301 days, or 10 months, is only for
crime? cases where the woman is not, or does not
know yet that she is pregnant at the time
A: she becomes a widow. If she is pregnant at
1. Offender contracted marriage; the time she becomes a widow, the
2. He knew at the time that – prohibition is good only up to her delivery.
a. The requirements of the law were 157
not complied with; or
b. The marriage was in disregard of the PERFORMANCE OF ILLEGAL MARRIAGE
legal CEREMONY (Art. 352)
impediment.
Art. 352. Performance of illegal
Q: What would qualify this crime? marriage ceremony. — Priests or
ministers of any religious
A: If either of the contracting parties obtains denomination or sect, or civil
the consent of the other by means of authorities who shall perform or
violence, intimidation or fraud. authorize any illegal marriage
ceremony shall be punished in
Note: Offender must not be guilty of accordance with the provisions of the
bigamy. Marriage Law.

PREMATURE MARRIAGES (Art. 351) Q: Who are the persons liable under
this article?
Art. 351. Premature marriages. — Any
widow who shall marry within three A: Art. 352 punishes priests or ministers of
hundred and one day from the date of any religious denomination or sect, or civil
the death of her husband, or before authorities who shall perform or authorize
having delivered if she shall have been any illegal marriage ceremony.
pregnant at the time of his death, shall
be punished by arresto mayor and a Note: Art. 352 presupposes that the priest
fine not exceeding 500 pesos. or minister or civil authority is authorized to
The same penalties shall be imposed solemnize marriages. If accused is not
upon any woman whose marriage shall authorized to solemnize marriage and he
have been annulled or dissolved, if she performs an illegal marriage ceremony, he
shall marry before her delivery or is liable under Art. 177.
before the expiration of the period of
three hundred and one day after the TITLE THIRTEEN
legal separation.
CRIMES AGAINST HONOR
Q: Who are the persons liable?
Chapter One:
A: LIBEL
  A.U. BLUE NOTES

LIBEL (Art. 353) 4) It must be directed at a natural or

juridical person, or one who is dead
Art. 353. Definition of libel. — A libel is (identification of the offended party
public and malicious imputation of a is required);
crime, or of a vice or defect, real or 5) It must tend to cause the dishonour,
imaginary, or any act, omission, discredit or contempt of the person
condition, status, or circumstance defamed.
tending to cause the dishonor,
discredit, or contempt of a natural or Q: What is malice?
juridical person, or to blacken the A: “Malice” is a term used to indicate the
memory of one who is dead. fact that the offender is prompted by
personal ill-will or spite and speaks not in
Q: What is libel? response to duty but merely to injure the
reputation of the person defamed.
A: Libel is a public and malicious imputation
of a crime, or of a vice or defect real or Noted: In libel cases, the question is not
imaginary, or any act, omission, condition, what the victim means but what the words
status, or circumstance tending to cause the used by him mean (Sazon vs. Court of
dishonour, discredit, or contempt of a Appeals, 255 SCRA 692)
natural or juridical person, or to blacken the
memory of one who is dead. Q: What are the two kinds of malice?
158
Q: How is libel committed?
A:
A: Libel is a defamation committed by 1) Malice in Fact” maybe shown by
means of writing, printing, lithography, proof of ill-will hatred, or purpose to
engraving, radio, phonograph, painting or injure.
theatrical or cinematographic exhibition or 2) Malice in Law” is presumed from a
any similar means. defamatory imputation. However
presumption is rebutted if it is shown
Note: No distinction between calumny, by the accused that:
insult and libel. a. Defamatory imputation is true, in
case the law allows proof of the truth
Q: Who are liable for libel? of the imputation;
b. It is published with good intention;
A: and
1. Any person who shall publish, exhibit c. There is justifiable motive for making
or cause the publication or exhibition it.
of any defamation in writing or by
similar means, and Q: When is malice not presumed?
2. The author or editor of a book or
pamphlet, or the editor or business A: Malice is not presumed in the following:
manager of a daily newspaper,
magazine or serial publication, for 1.Private communication made by any
defamation contained therein to the person to another in the performance of any
same extent as if he were the author legal, moral or social, duty.
thereof.
Requisites:
Q: What are the elements of
defamation? a. Person who made the
communication had a legal moral or
A: social duty to make the
1) .There must be an imputation of a communication or at least, he had an
crime, or of a vice or defect, real or interest to be upheld;
imaginary, or any act, omission, b. Communication is addressed to an
condition, status or circumstance; officer, or a board, or superior,
2) .Imputation must be made publicly; having some interest or duty in the
3) It must be malicious; matter;
  A.U. BLUE NOTES

c. Statements in the communication liabilities rather than assets” of the

are made in good faith without society. Claiming that the broadcasts
malice (in fact). were defamatory, AMEC filed a
2.Fair and true report, made in good faith, complaint for damages against FBNI,
without any comments or remarks, of any Rima and Alegre. Are the
judicial, legislative, or other official aforementioned remarks or broadcasts
proceedings which are not of confidential libellous?
nature, or of any statement, report, or
speech delivered in the exercise of their A: There is no question that the broadcasts
functions. were made public and imputed to AMEC
defects or circumstances tending to cause it
Q: In what way may libel be dishonour, discredit and contempt. Rima
committed? and Alegre’s remarks are libellous per se.
Taken as a whole, the broadcasts suggest
A: Libel may be committed by: that AMEC is a money-making institution
1. Writing; where physically and morally unfit teachers
2. Printing; abound.
3. Lithography;
4. Engraving; Every defamatory imputation is presumed
5. Radio; malicious. Rima and Alegre failed to show
6. Phonograph; adequately their good intention and
7. Painting; justifiable motive in airing the supposed
8. Theatrical exhibition; gripes of the students. As hosts of a
9. Cinematographic exhibition; or documentary or public affairs program,
10. Any similar means. Rima and Alegre should have presented the
public issues “free from inaccurate and
Q: Must there be a publication of the misleading information”. (Filipinas
libelous article? Broadcasting Network, Inc. vs. Ago

A: Yes, there must be some communication 159

of the defamatory matter to some 3rd Medical and Educational Center-Bicol
persons. Christian College of Medicine and Angelita F.
Ago, G.R. No. 141994. January 17, 2005)
Illustration:
Q: Dolores Magno was charged and
The delivery of the article to the typesetter convicted of libel for the writings on
is sufficient publication. (U.S. vs. Crame, 10 the wall and for the unsigned letter
Phil. 135) addressed to the Alejandro spouses,
containing invectives directed against
The sending to the wife of a letter which Cerelito Alejandro. Dolores contends
maligns that the prosecution failed to establish
the presence of the elements of
132 authorship and publication of the
the husband was considered sufficient malicious writings on the wall, as well
publication, for the spouse is a third to the as the unsigned letter addressed to the
person defamed. (U.S. vs. Urbinana, 1 Phil. Alejandro spouses. She argues that
471) since the letter was addressed to the
spouses, Fe (Cerelito’s wife) was,
Q: Rima and Alegre exposed various insofar as Cerelito is concerned, not a
alleged complaints from students, third person for purposes of
teachers and parents against Ago publication. Is she liable?
Medical and Educational Center-Bicol
Christian College of Medicine (“AMEC”) A: To be liable for libel under Article 353 of
and its administrators. Rima and the RPC, the following elements must be
Alegre remarked that “AMEC is a shown to exist:
dumping ground, garbage of xxx moral 2
and physical misfits”; and AMEC a. .The allegation of a discreditable act
students who graduate “will be or condition concerning another;
  A.U. BLUE NOTES

b. Publication of the charge; was considering the nomination a

c. Identity of the person defamed; and group of concerned citizens caused to
d. Existence of malice. be published in the newspaper a full-
page statement objecting to A’s
Publication, in the law of libel, means the appointment. They alleged that A was
making of the defamatory matter, after it a drug dependent, which he had
has been written, known to someone other several mistresses, and that he was
than the person to whom it has been corrupt, having accepted bribes or
written. If the statement is sent straight to a favors from parties transacting
person for whom it is written there is no business in his previous office, and
publication of it. The reason for this is that therefore he was unfit positives to
“a communication of the defamatory matter which he had been nominated. How will
to the person defamed cannot injure his you decide the case?
reputation though it may wound his self-
esteem. A man’s reputation is not the good A: I will acquit the concerned citizens and
opinion he has of himself, but the estimation the newspapers involved, from the crime of
in which others hold him.” libel, because obviously they made the
denunciation out of a moral or social duty
In this case, there is no dispute that the and thus there is
unsealed envelope containing the libelous
letter was handed by Dolores to Evelyn 133
(Cerelito’s sister). Contextually, there was a absence of malice. Since A was a candidate
reasonable probability that the contents for a very important public position of a
thereof, particularly the libellous letter, Department Secretary, his moral, mental
could have been exposed to be read by and physical fitness for the public trust in
Evelyn before delivering the same to such position becomes a public concern as
Cerelito. However, Evelyn categorically the interest of the public is at stake. It is
admitted not reading the letter at the first pursuant to such concern that the
instance, reading it only after securing denunciation was made; hence, bereft of
Cerelito’s permission. Inasmuch, therefore, malice. (2002 Bar Question)
as Cerelito voluntarily disclosed the
contents of Dolores libellous letter to Q: What is the common defense in
Evelyn, the act of publication cannot be libel?
ascribed to Dolores insofar as Evelyn is
concerned. 160
A: That it is covered by privileged
It could not be said, however, that there was communication.
no publication with respect to Fe. While the a) Absolute Privileged - not
letter in question was addressed to “ Mr. actionable even if the author has
Cerelito & Fe Alejandro,” the invectives acted in bad faith like the statements
contained therein were directed against made by members of Congress in the
Cerelito only. Writing to a person other than discharge of their official functions;
the person defamed is sufficient to b) Conditional or Qualified – like a
constitute publication, for the person to private communication made by any
whom the letter is addressed is a third person to another in the
person in relation to its writer and the performance of any legal, moral, or
person defamed therein. Fe, the wife, is social duty, and a fair and true
contextually a third person to whom the report, made in good faith, without
publication was made. (Dolores Magno V. any comments or remarks, of any
People of the Philippines, Gr. No. 133896, 27 judicial, legislative or other official
January 2006). proceedings which are not of
confidential nature. Here, even if the
Q: A was nominated Secretary of a statements are defamatory, there is
Department in the Executive Branch of no presumption of malice. The
the government. His nomination was prosecution must prove malice in
thereafter submitted to the fact to convict the accused.
Commission on Appointments for
confirmation. While the Commission
  A.U. BLUE NOTES

1. Light threats
3 2. Threatening to publish, or offering to
Q: Do defamatory remarks and prevent the publication of, a libel for
comments on the conduct or acts of compensation.
public officers which are related to the
discharge of their official duties Q: Who are the persons liable for libel?
constitute libel?
A:
A: No, it will not constitute libel if the 1. Person, who publishes, exhibits or
accused proves the truth of the imputation. causes the Publication or exhibition
But any attack upon the private character of of any defamation in writing or
the public officers on matters which are not similar means.
related to the discharge of their official 2. Author or editor of a book or
functions may constitute Libel. pamphlet
3. Editor or business manager of a
Moreover, a written letter containing daily newspaper magazine or serial
libellous matter cannot be classified as publication.
privileged when publicly published and 4. Owner of the printing plant which
circulated. (Sazon vs. Court of Appeals, 255 publishes a libellous article with his
SCRA 692) consent and all other persons who
in any way participate in or have
THREATENING TO PUBLISH AND OFFER connection with its publication.
TO PREVENT SUCH PUBLICATION FOR
COMPENSATION (Art. 356) Q: Where should a complaint for libel is
filed?
Art. 356. Threatening to publish and
offer to present such publication for a A: Criminal and civil actions for damages in
compensation. — The penalty of case of written defamations shall be filed
arresto mayor or a fine from 200 to simultaneously or separately with the court
2,000 pesos, or both, shall be imposed of first instance of the province or city:
upon any person who threatens
another to publish a libel concerning 1. Where the libellous article is printed
him or the parents, spouse, child, or and first published; or
other members of the family of the 2. Where any of the offended parties
latter or upon anyone who shall offer actually resides at the time of the
to prevent the publication of such libel commission of the offense.
for a compensation or money
consideration. Note: The court where the criminal action or
civil action for damages is first filed shall
Q: What are the punishable acts?
A: 161
1. Threatening another to publish a libel require jurisdiction to the exclusion of other
concerning him, or his parents, courts.
spouse, child, or other members of
his family. Offended party must file complaint for
2. Offering to prevent the publication of defamation imputing a crime which cannot
such libel for compensation, or be prosecuted de officio.
money consideration.
PROOF OF TRUTH (Art. 361)
Known as blackmail – in its metaphorical
sense, may be defined as any unlawful Art. 361. Proof of the truth. — In every
extortion of money by threats of accusation criminal prosecution for libel, the truth
or exposure. may be given in evidence to the court
and if it appears that the
Q: In what felonies blackmail may be
committed? 134
matter charged as libelous is true, and,
A: moreover, that it was published with
  A.U. BLUE NOTES

good motives and for justifiable ends, malice, shall not exempt the author
the defendants shall be acquitted. thereof nor the editor or managing
Proof of the truth of an imputation of editor of a newspaper from criminal
an act or omission not constituting a liability.
crime shall not be Libellous remarks or comments on
matters privileged, if made with malice
4 in fact, do not exempt the author and
admitted, unless the imputation shall editor.
have been made against Government
employees with respect to facts PROHIBITED PUBLICATION OF ACTS
related to the discharge of their official REFERRED TO IN THE COURSE OF
duties. OFFICIAL PROCEEDINGS (Art. 357)
In such cases if the defendant proves 135
the truth of the imputation made by Art. 357. Prohibited publication of acts
him, he shall be acquitted. referred to in the course of official
proceedings. — The penalty of arresto
Q: When is proof of truth admissible? mayor or a fine of from 20 to 2,000
pesos, or both, shall be imposed upon
A: Proof of truth is admissible in any of the any reporter, editor or manager or a
following: newspaper, daily or magazine, who
1. When the act or omission imputed shall publish facts connected with the
constitutes a crime regardless of private life of another and offensive to
whether the offended party is a the honor, virtue and reputation of
private individual or a public officer. said person, even though said
2. When the offended party is a publication be made in connection with
government employee, even if the or under the pretext that it is
act or omission imputed does not necessary in the narration of any
constitute a crime, provided, it is judicial or administrative proceedings
related to the discharge of his official wherein such facts have been
duties. mentioned.

Note: Proof of truth must rest upon positive Q: What are the elements of this
direct evidence upon which a definite crime?
finding may be made by the court. But A:
probable cause for belief in the truth of the 1. Offender is a reporter, editor or
statement is sufficient. manager of a newspaper daily or
magazine.
Q: Is Proof of Truth enough? 2. He publishes facts connected with
the private life of another.
A: No. It is also required that the matter 3. Such facts are offensive to the honor,
charged as libellous was published with virtue and reputation of said person.
good motives and for justifiable ends. 162

Q: What are the possible defences in Note: Prohibition applies even though said
the crime of libel? publication be made in connection with or
A: The following are possible defences in the under the pretext that it is necessary in the
crime of libel: narration of any judicial or administrative
1. It appears that the matters charged proceedings wherein such facts have been
as libellous is true; mentioned.
2. It was published with good motives;
3. And for a justifiable end. Q: What is the so called Gag Law?

LIBELOUS REMARKS (Art. 362) A: Newspaper reports on cases pertaining to

adultery, divorce, issues about the
Art. 362. Libelous remarks. — Libelous legitimacy of children, etc., will necessary
remarks or comments connected with be barred from publication. Source of news
the matter privileged under the report may not be revealed.
provisions of Article 354, if made with
  A.U. BLUE NOTES

SLANDER (Oral Defamation) (Art. 358)

Q: Lando and Marco are candidates in
1. Art. 358. Slander. — Oral the local elections. In his speeches
defamation shall be punished by Lando attacked his opponent Marco
arresto mayor in its maximum alleging that he is the son of Nanding,
period to prision correccional in a robber and a thief who amassed his
its minimum period if it is of a wealth through shady deals. May
serious and insulting nature; Marco file a case against Lando for
otherwise the penalty shall be grave oral defamation? State your
arresto menor or a fine not reasons.
exceeding 200 pesos. A: Marco cannot file a case for grave oral
5 defamation if at all he may file a case for
light slander. In the case of People v. Laroga
Q: What are the Kinds of Oral (40 O.G. 123) it was held that defamation in
Defamation? political meeting when feelings are running
high and people could not think clearly, only
A: amount to light slander (1990 Bar
1. Simple slander, Question).
2. Grave slander, when it is of a serious
and SLANDER BY DEED (Art. 359)
insulting nature.
Art. 359. Slander by deed. — The
Q: What are the distinctions between penalty of arresto mayor in its
oral defamation and criminal maximum period to prision correccional
conversation? in its minimum period or a fine ranging
from 200 to 1,000 pesos shall be
A: imposed upon any person who shall
Oral defamation Criminal perform any act not included and
conversation punished in this title, which shall cast
Malicious imputation of Used in making dishonor, discredit or contempt upon
any a polite another person. If said act is not of a
act ,omission,condition or reference to serious nature, the penalty shall be
circumstance against a sexual arresto menor or a fine not exceeding
person ,done orally in intercourse as 200 pesos
public ,tending to cause in certain
dishonor,discredit,contem crimes ,like .,ra Q: What is slander by deed?
pt and embarrassment or pes, seduction
ridicule to the later and adultery A: Slander by deed is a crime against honor
A crime against honor Has no definite which Is committed by performing any act
penalized under Art 358 concept as a which casts dishonour, discredit, or
RPC crime contempt upon another person.
136

Q: What are the factors that determine Q: What are the elements of slander by
the gravity of oral defamation? deed?

A: A: 163
1. Expressions used; 1) Offender performs any act not
2. Personal relations of the accused and included in any other crime against
the offended party; honor;
3. Circumstances surrounding the case. 2) Such act is performed in the
presence of other person or persons;
Note: Social standing and the position of 3) Such act casts dishonour, discredit or
the offended party are also taken into contempt upon the offended party.
account. Q: What are the kinds of slander by
deed?
Slander need not be heard by heard by the
offended party A:
  A.U. BLUE NOTES

1. Simple slander by deed – directly incriminates falsely made, before

performance of an act, not use of or imputes to an an officer. Limited to
words. innocent person the the act of planting
2. Grave slander by deed, that is, which commission of a evidence and the
is of a crime. like, in order to
serious crime. incriminate an
innocent person.
Q: What determines if an act is slander Limited to the act of Giving of false
by deed or not? planting evidence statement under
and the like, in order oath or the making
A: Whether a certain slanderous act to incriminate an of a false affidavit,
constitutes slander by deed of a serious innocent person. imputing to a person
nature or not, depends on the social the commission of a
standing of the offended party, the crime.
circumstances under which the act was
committed, the occasion, etc.
Q: What are the distinctions between
6 Incriminatory Machination and
Illustration: Defamation?

Thus, slapping a lady in a dance not for A:

purpose of hurting her but to cause her
shame and humiliation for refusing to dance Incriminatory Defamation
with the accused is slander by deed. machination
Chapter Two: Defamation Offender Offender avails
INCRIMINATORY MACHINATIONS performs acts to himself of written or
INCRIMINATING INNOCENT PERSON directly impute to an spoken words in
(Art. 363) innocent person the besmirching the
Art. 363. Incriminating innocent commission of the victim’s reputation.
person. — Any person who, by any act crime
not constituting perjury, shall directly
incriminate or impute to an innocent INTRIGUING AGAINST HONOR (Art. 364)
person the commission of a crime, shall Art. 364. Intriguing against honor. —
be punished by arresto menor. The penalty of arresto menor or fine
not exceeding 200 pesos shall be
Q: What are the elements of this imposed for any intrigue which has for
crime? its principal purpose to blemish the
A: honor or reputation of a person.
1. Offender performs an act:
2. By such act he directly incriminates Q: What is intriguing against honor?
or imputes t0 an innocent person the A: Any scheme or plot by means which
commission of a crime; consist of some trickery.
3. Such act does not constitute perjury. Q: Who is liable?
A: Committed by any person who shall make
Note: The crime of incriminatory any intrigue this has for its principal purpose
machinations is limited to planting evidence to blemish the honor or reputation of
and the like, which tend directly to cause another person.
false prosecution. 164

Q: What are the distinctions between Q: What is the distinction between

incriminating an innocent person and intriguing against honor and slander?
perjury by making false accusation? A: Intriguing against Honor Slander
A: The source of the defamatory utterance is
Incriminating an Perjury by Making unknown and the offender simply repeats or
innocent Person False Accusation passes the same, without subscribing to the
Committed by The gravamen of the truth thereof. Offender made the utterance,
performing an act by offense is the where the source of the defamatory nature
which the offender imputation itself, of the utterance is known, and offender
  A.U. BLUE NOTES

makes a republication thereof, even though discretion, without regard to the rules
he repeats the libellous statement as prescribed in Article sixty-four.
coming from another, as long as the source The provisions contained in this article
is identified. shall not be applicable:

TITLE FOURTEEN 1. When the penalty provided for

QUASI-OFFENSES the offense is equal to or lower
Sole Chapter: than those provided in the first
CRIMINAL NEGLIGENCE two paragraphs of this article, in
IMPRUDENCE AND NEGLIGENCE (Art. which case the court shall
365) impose the penalty next lower in
Art. 365. Imprudence and negligence. degree than that which should
— Any person who, by reckless be imposed in the period which
imprudence, shall commit any act they may deem proper to apply.
which, had it been intentional, would
constitute a grave felony, shall suffer 2. When, by imprudence or
the penalty of arresto mayor in its negligence and with violation of
the Automobile Law, to death of
7 a person shall be caused, in
maximum period to prision correccional which case the defendant shall
in its medium period; if it would have be punished by prision
constituted a less grave felony, the correccional in its medium and
penalty of arresto mayor in its maximum periods.
minimum and medium periods shall be
imposed; if it would have constituted a Reckless imprudence consists in
light felony, the penalty of arresto voluntary, but without malice,
menor in its maximum period shall be doing or falling to do an act from
imposed. which material damage results

Any person who, by simple imprudence 137

or negligence, shall commit an act by reason of inexcusable lack of
which would otherwise constitute a precaution on the part of the
grave felony, shall suffer the penalty of person performing of failing to
arresto mayor in its medium and perform such act, taking into
maximum periods; if it would have consideration his employment or
constituted a less serious felony, the occupation, degree of
penalty of arresto mayor in its intelligence, physical condition
minimum period shall be imposed. and other circumstances
regarding persons, time and
When the execution of the act covered place.
by this article shall have only resulted
in damage to the property of another, Simple imprudence consists in
the offender shall be punished by a fine the lack of precaution displayed
ranging from an amount equal to the in those cases in which the
value of said damages to three times damage impending to be caused
such value, but which shall in no case is not immediate nor the danger
be less than twenty-five pesos. clearly manifest

A fine not exceeding two hundred The penalty next higher in

pesos and censure shall be imposed degree to those provided for in
upon any person who, by simple this article shall be imposed
imprudence or negligence, shall cause upon the offender who fails to
some wrong which, if done maliciously, lend on the spot to the injured
would have constituted a light felony. parties such help as may be in
this hand to give. (As amended
In the imposition of these penalties, by R.A.
the court shall exercise their sound
165
  A.U. BLUE NOTES

1) There is lack of precaution on the

1790, approved June 21, 1957). part of the offender;
2) Damage impending to be caused is
Q: What are the punishable acts? not immediate nor the danger clearly
A: manifested.
1. Committing through reckless
imprudence any act which, had it Note: Art. 64, relative to mitigating and
been intentional, would constitute aggravating circumstances, is not applicable
grave or less grave felony or light to crimes committed through negligence.
felony.
2. Committing through simple Failing to lend help is a qualifying
imprudence or negligence an act circumstance; it raises the penalty one
which would otherwise constitute a degree higher.
grave or a less serious felony.
3. Causing damage to the property of Q: What is the exception?
another through reckless imprudence
or simple imprudence or negligence. A: Sec. 55 of RA 4136, the driver can leave
4. Causing through simple imprudence his vehicle without aiding the victims if he:
or negligence some wrong which, if 1) Is in imminent danger of being
done is maliciousl harmed,
2) Wants to report to the nearest officer
Note: Imprudence or negligence is not a of the law, or
crime itself; it is simply a way of committing 3) Desires to summon a physician or a
a crime. nurse for medical assistance to the
injured.
Q: What is imprudence?
A: It indicates a deficiency of action; failure Q: What is the doctrine of last clear
in precaution. chance?
8
A: The last clear chance doctrine states that
Q: What is negligence? the contributory negligence of the party
A: It indicates a deficiency of perception; injured will not defeat the action if it be
failure in advertence. shown that the accused might, by the
exercise of reasonable care and prudence,
RECKLESS IMPRUDENCE have avoided the consequences of the
Q: What are the elements of reckless negligence of the injured party.
imprudence?
A: Q: What is “emergency rule”?
1. Offender does or fails to so an act;
2. The doing of or the failure to do that A: The Emergency Rule provides that an
act is voluntary;It be without malice; automobile driver who, by the negligence of
3. Material damage results; another and not by his own negligence, is
4. There is an inexcusable lack of suddenly placed in an emergency and
precaution on the part of the person compelled to act instantly to avoid a
performing or failing to perform collision or injury is not guilty of negligence
such act taken into consideration; if he makes such a choice which a person of
a) Employment or occupation, ordinary prudence placed in such a position
b) Degree of intelligence, might make even though he did not make
c) Physical condition, and the wisest choice.
d) Other circumstances regarding
persons, time and place.

SIMPE IMPRUDENCE
166
Q: What are the elements of simple
imprudence?
A:
 A.U. BLUE NOTES