TITLE EIGHTCrimes Against Persons

CRIMES AGAINST PERSONS:1. Parricide (A.246)2. Murder (248)3. Homicide (249)4. Death caused in a tumultuous affray (251)5. Physical injuries inflicted in a tumultuous affray (252)6. Giving assistance to suicide (253)7. Discharge of firearms (254)8. Infanticide (255)9. Intentional abortion (256)10. Unintentional abortion (257)11. Abortion practiced by the woman herself or by her parents (258)12. Abortion practiced by a physician or midwife and dispensing of abortive

(259)13. Duel (260)14. Challenging to a duel (261)15. Mutilation (262)16. Serious physical injuries (263)17. Administering injurious substances or beverages (264)18. Less serious physical injuries (265)19. Slight physical injuries and maltreatment (266)20. Rape (266-A)

CHAPTER ONEDestruction of Life

SECTION ONEParricide, Murder, Homicide

ParricideART.246

ARTICLE 246. Parricide. — Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusión perpetua to death.

ELEMENTS:1. That a person is killed;2. That the deceased is killed by the accused;3. That the deceased is the   a. father, mother, or   b. child, whether legitimate or illegitimate, or   c. legitimate other ascendant or other descendant, or   d. legitimate spouse of the accused.

The relationship of the offender with the victim is the essential element of parricide.

Essential element: relationship of offender with the victim; except for spouses, only relatives by blood and in direct line (adopted are not included)

Parents and children are not included in the term “ascendants” or “descendants”.

The other ascendant or descendant must be legitimate. On the other hand, the father, mother or child may be legitimate or illegitimate.

The child should not be less than 3 days old. Otherwise, the offense is infanticide.

Supreme Court ruled that Muslim husbands with several wives can be convicted of parricide only in case the first wife is killed.

Relationship must be alleged and proved.If not, relationship would only be considered as aggravating circumstance.

A stranger who cooperates in committing parricide is liable for murder or homicide.

Even if the offender did not know that the person he had killed is his son, he is still liable for parricide because the law does not require knowledge of the relationship.

Cases of parricide when the penalty shall not be reclusion perpetua to death:1. parricide through negligence (Art.365)2. parricide by mistake (Art. 49)3. parricide under exceptional circumstances (Art. 247)

People vs. Dalag   A stranger who cooperates and takes part in the commission of the crime of parricide, is not guilty of parricide but only homicide or murder, as the case may be. The key element in parricide is the relationship of the offender with the victim.

Death Or Physical Injuries Under Exceptional CircumstancesART.247

ARTICLE 247. Death or Physical Injuries Inflicted Under Exceptional Circumstances. — Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall

inflict upon them any serious physical injury, shall suffer the penalty of destierro.If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducers, while the daughters are living with their parents.Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.

ELEMENTS:1. A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and living with them) in the act of committing sexual intercourse with another person;2. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter; and3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not consented to the infidelity of the other spouse.

This article does not define or penalize a felony, the penalty is destierro.

Penalty of destierro for killer spouse is meant to protect him from acts of reprisal by relatives of dead spouse.

It is not necessary that the parent be legitimate for the application of this article.

This article applies only when the daughter is single.

Surprise means to come upon suddenly or unexpectedly.

Art. 247 is applicable even when the accused did not see his spouse in the act sexual intercourse with another person. It is enough that circumstances reasonably show that the carnal act is being committed or has been committed.

Sexual intercourse does not include preparatory acts.

Article does not apply: If the surprising took place before any actual sexual intercourse could be done or after the actual sexual intercourse was finished

“Immediately thereafter” means that the discovery, escape, pursuit and the killing must all form parts of one continuous act.

Immediately thereafter – may be an hour after proximate result of outrage overwhelming accused  after chancing upon spouse in basest act of infidelity

The killing must be the direct by-product of the rage of the accused.

No criminal liability is incurred when less serious or slight physical injuries are inflicted.Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused is not liable for physical injuries. The principle that one is liable for the consequences of his felonious act is not applicable, because his act under Art.247 does not amount to a felony.

Requisites must be established by evidence of the defense

living with parent - is understood to be in their own dwelling because of the embarrassment and humiliation done to the parent and parental abode    - If done in a motel, article does not apply.

People v. Puedan  Evidence of the victim’s promiscuity is inconsequential    to the killing. The offender must prove that he actually surprised his wife and her paramour in flagrante delicto, and that he killed the man during or immediately thereafter.

People v. Abarca   The killing must be the direct result of the outrage suffered by the cuckolded husband. Although about one hour had passed between the time the accused discovered his wife having sexual intercourse with the victim and the time the latter was actually killed, it was held that Article 247 was applicable, as the shooting was a continuation of the pursuit of the victim by the accused.   Inflicting death under exceptional circumstances is not murder. Two other persons suffered physical injuries as they were caught in the crossfire when the accused shot the victim. A complex crime of double frustrated murder was not committed as the accused did not have the intent to kill the two victims. Here, the accused did not commit murder when he fired at the paramour of his wife. No aberratio ictus because he was acting lawfully.

MurderART.248ARTICLE 248. Murder. — Any person who, not falling within the provisions of article 246 shall kill another, shall be guilty of murder and shall be punished by reclusión temporal in its maximum period to death, if committed with any of the following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.2. In consideration of a price, reward or promise.3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity.5. With evident premeditation.6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

ELEMENTS:1. That a person was killed;2. That the accused killed him;3. That the killing was attended by any of the following qualifying    circumstances:   a. with treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity,   b. in consideration of price, reward or promise,   c. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a street car or locomotive, fall of airship, by means of motor vehicles or with the use of any other means involving great waste or ruin,   d. on occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public calamity,   e. with evident premeditation, or   f. with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse; and4. The killing is not parricide or infanticide.

The victim must be killed in order to consummate the offense.Otherwise, it would be attempted or frustrated murder.

When the victim is already dead, intent to kill becomes irrelevant.It is important only if the victim did not die to determine if thefelony is physical injury or attempted or frustrated homicide.

That murder will exist with only one of the circumstances describedin Article 248. When more than one of said circumstances are present, the others must be considered as generic aggravating.

That when the other circumstances are absorbed or included in onequalifying circumstance, they cannot be considered as genericaggravating.

Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only be considered as genericaggravating circumstances.

Treachery and premeditation are inherent in murder with the useof poison.

PEOPLE vs. SANTOS, GR 127492, 1/16/04 A sudden and unexpected attack under circumstances which render the victim unable to defend himself by reason of the suddenness and severity of the attack constitutes alevosia.

PEOPLE vs. ERIC GUILLERMO, GR 147786, 1/20/04 Dismemberment of a dead body is one manner of outraging or scoffing at the corpse of the victim.

PEOPLE vs. MONTAÑEZ, GR 148257, 3/17/04  The barefaced fact that Daniel Sumaylo pleaded guilty to the felony of homicide is not a bar to the appellant being found guilty of murder as a principal. It bears stressing that Sumaylo plea-bargained on his re-arraignment. Even if the public prosecutor and the father of the victim agreed to Sumaylo's plea, the State is not barred from prosecuting the appellant for murder on the basis of its evidence, independently of Sumaylo's plea of guilt.

People v. Pugay and Samson Intent to kill must be present for the use of fire to be appreciated as a qualifying circumstance. Intending to make fun of a retard, Pugay poured gasoline on the latter while Samson set him on fire. The retard died. There was no animosity between the two accused and the victim such that it cannot be said that they resort to fire to kill him. It was merely a part of their fun making but because their acts were felonious, they are criminally liable.

POISON - Treachery and evident premeditation are inherent in murder by poison only if the offender has the intent to kill the victim by use of poison.

EVIDENT PREMEDITATION - act of the offender manifestly indicating that he clung to his determination to kill his victim       - Evident premeditation is absorbed in price, reward or promise, if without the premeditation the inductor would not have induced the other to commit the act but not as regards the one induced.

CRUELTY - Under Article 14, the generic aggravating circumstance

of cruelty requires that the victim be alive, when the cruel wounds were inflicted and, therefore, must be evidence to that effect. Yet, in murder, aside from cruelty, any act that would amount to scoffing or decrying the corpse of the victim will qualify the killing to murder.

Homicide

ART.249

ARTICLE 249. Homicide. — Any person who, not falling within the provisions of article 246 shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.

ELEMENTS:1. That a person was killed;2. That the accused killed him without any justifying circumstances;3. That the accused had the intention to kill, which is presumed; and4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide.

Intent to kill is conclusively presumed when death resulted. Hence,evidence of intent to kill is required only in attempted or frustratedhomicide.

There is no crime of frustrated homicide through negligence/imprudence.

Physical injuries are one of the essential elements of frustrated homicide.

Use of unlicensed firearm is an aggravating circumstance in homicide.

In accidental homicide wherein death of a person is brought aboutby a lawful act performed with proper care and skill and withouthomicidal intent, there is no liability.

When the wounds that caused death were inflicted by 2 different persons, even if they were not in conspiracy, each one of them is guilty of homicide.

In all crimes against persons in which the death of the victim is anelement, there must be satisfactory evidence of   (1) the fact of death and   (2) the identity of the victim.

Penalty shall be one degree higher than that imposed by law when the victim is under 12 years of age

When several assailants not acting in conspiracy inflicted wounds on a victim but it cannot be determined who inflicted which would whichcaused the death of the victim, all are liable for the victim’s death.

In attempted or frustrated homicide, there is intent to kill. In physical injuries, there is none. However, if as a result of the physical injuries inflicted, the victim died, the crime will be homicide because the law punishes the result, and not the intent of the act.

Corpus delicti – actual commission of crime charged

PEOPLE vs. DELA CRUZ, G.R. No. 152176, 10/1/03The qualifying circumstance of treachery was not sufficiently established by the prosecution. The prosecution witness did not see the actual stabbing of the victim. Therefore, there is no way of determining on how the attack was initiated. In the same way that no testimony would prove that the appellant contemplated upon the mode to insure the killing. The crime committed by appellant is homicide.

GOROSPE vs. PEOPLE, G.R. No. 147974. 1/29/04No error was committed by the trial court in characterizing the felonious assault as frustrated homicide and convicting appellant therefor. The appellant acted with intent to kill in firing the gun at Miguel. Usually, the intent to kill is shown by the kind of weapon used by the offender and the parts of the victim’s body at which the weapon was aimed, as shown by the wounds inflicted.

ARADILLOS vs. COURT OF APPEALS G.R. No. 135619, 1/15/04An accused may be convicted of slight, less serious or serious physical injuries in a prosecution for homicide or murder, inasmuch as the infliction of physical injuries could lead to any of the latter offenses when carried to its utmost degree despite the fact that an essential requisite of the crime of homicide or murder - intent to kill - is not required in a prosecution for physical injuries.People v. CastilloThere is no offense of frustrated homicide through imprudence.Accused pharmacist prepared the medicine on prescription but erroneously used a highly poisonous substance. When taken by the patient, the latter nearly died. Accused is guilty only of physical injuries through reckless imprudence. The element of intent to kill in frustrated homicide is incompatible with negligence or imprudence.

Penalty For Frustrated Parricide, Murder Or Homicide

ART.250

ARTICLE 250. Penalty for Frustrated Parricide, Murder or Homicide. — The courts, in view of the facts of the case, may impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined and penalized in the preceding articles, a penalty lower by one degree than that which should be imposed under the provision of article 50.The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under article 51 should be imposed for an attempt to commit any of such crimes.

Courts may impose a penalty:a. 2 degrees lower for frustrated parricide, murder, or homicideb. 3 degrees lower for attempted parricide, murder, or homicide

Death Caused In A Tumultuous Affray

ARTICLE 251. Death Caused in a Tumultuous Affray. — When, while several persons, not composing groups organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained who actually killed the deceased, but the person or persons who inflicted serious physical injuries can be identified, such person or persons shall be punished by prisión mayor.If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of prisión correccional in its medium and maximum periods shall be imposed upon all those who shall have used violence upon the person of the victim.

ELEMENTS:1. That there be several persons;2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally;3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner;4. That someone was killed in the course of the affray;5. That it cannot be ascertained who actually killed the deceased; and6. That the person or persons who inflicted serious physical injuries or who used violence can be identified.

PERSONS LIABLE:1. person/s who inflicted serious physical injuries2. if it is not known who inflicted serious physical injuries on the deceased, all persons who used violence upon the person of the victim.

Tumultuous affray exists when at least 4 persons take part in it.

When there are 2 identified groups of men who assaulted each other, there is no tumultuous affray.

The person killed need not be a participant in the affray

Those who used violence are liable for death caused in a tumultuousaffray only if it cannot be determined who inflicted the seriousphysical injuries on the deceased

“Tumultuous” in Article 153 – more than three persons who are armed or provided with means of violence

Tumultuous affray is a commotion in a confused manner to an extentthat it would not be possible to identify who the killer is if deathresults, or who inflicted the serious physical injury, but the person orpersons who used violence are known.

If there is conspiracy, this crime is not committed.

If nobody could still be traced to have employed violence upon thevictim, nobody will answer. The crimes committed might bedisturbance of public order, or if participants are armed, it could betumultuous disturbance, or if property was destroyed, it could bemalicious mischief.

Physical Injuries Inflicted In A Tumultuous Affray

ART.252

ARTICLE 252. Physical Injuries Inflicted in a Tumultuous Affray. — When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants thereof and the person responsible therefor cannot be identified, all those who appear to have used violence upon the person of the offended party shall suffer the penalty next lower in degree than that provided for the physical injuries so inflicted.When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be identified, all those who appear to have used any violence upon the person of the offended party shall be punished by arresto from five to fifteen days.

ELEMENTS:1. That there is a tumultuous affray as referred to in the preceding article;2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only;3. That the person responsible therefor cannot be identified; and

4. That all those who appear to have used violence upon the person of the offended party are known.

Persons liable: All those who have used violence on the person ofthe offended party.

Injured party must be a participant of the tumultuous affray

If the one who caused physical injuries are known, he will be liablefor physical injuries actually committed

Slight physical injuries not included

Physical injury should be serious or less serious

No crime of physical injuries resulting from a tumultuous affray if the physical injury is only slight. Slight physical injury is considered as inherent in a tumultuous affray.

Giving Assistance to Suicide

ART.253

ARTICLE 253. Giving Assistance to Suicide. — Any person who shall assist another to commit suicide shall suffer the penalty of prisión mayor; if such person lends his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusión temporal. However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods shall be imposed.

ACTS PUNISHABLE:1. Assisting another to commit suicide, whether the suicide is   consummated or not.2. Lending his assistance to another to commit suicide to the extent   of doing the killing himself.

A person who attempts to commit suicide is not criminally liable.

Giving assistance to suicide means giving means (arms, poison, etc.)or whatever manner of positive and direct cooperation (intellectual aid, suggestions regarding the mode of committing suicide, etc.).

A pregnant woman who tried to commit suicide by means of poison but instead of dying, the fetus in her womb was expelled, is not liable for abortion.

If the person does the killing himself, the penalty is similar to that of homicide, which is reclusion temporal. There can be no qualifying circumstance because the determination to die must come from the victim. This does not contemplate euthanasia or mercy killing where the crime is homicide (if without consent; with consent, covered by Article 253).

Assistance to suicide is different from mercy- killing. Euthanasia ormercy-killing is the practice of painlessly putting to death a personsuffering from some incurable disease. In this case, the person doesnot want to die. A doctor who resorts to euthanasia may be held liable for murder.

Penalty is mitigated if suicide is not successful.

The person attempting to commit suicide is not liable if he survives.

Euthanasia is not lending assistance to suicide. In euthanasia, thevictim is not in a position to commit suicide. A doctor who resorts toeuthanasia of his patient may be liable for murder.

Discharge Of Firearms

ART.254

ARTICLE 254. Discharge of Firearms. — Any person who shall shoot at another with any firearm shall suffer the penalty of prisión correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is prescribed by any of the articles of this Code.ELEMENTS:1. That the offender discharges a firearm against or at another   person; and2. That the offender has no intention to kill that person.

The offender must shoot at another with any firearm without intention of killing him. If the firearm is not discharged at a person, the act is not punished under this article.

No crime if firearm is not discharged.

A discharge towards the house of the victim is not discharge offirearm. Firing a gun at the house of the offended party, notknowing in what part of the house the people were, is only alarmunder Art. 155.

Usually, the purpose of the offender is only to intimidate or

frighten the offended party.

If there is intention to kill, it may be classified as frustrated or attempted parricide, murder, or homicide.

No intent to kill if the distance is 200 meters.

There is a special complex crime of illegal discharge of firearm withserious or less serious physical injuries.

It is essential for prosecution to prove that the discharge offirearm was directed precisely against the offended party.

Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards.

A person can be held liable for discharge even if the gun was notpointed at the offended party when it fired as long as it was initially aimed at or against the offended party.

SECTION TWOInfanticide and Abortion

Infanticide

ART.255

ARTICLE 255. Infanticide. — The penalty provided for parricide in article 246 and for murder in article 248 shall be imposed upon any person who shall kill any child less than three days of age.If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prisión correccional in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be prisión mayor.

ELEMENTS:1. That a child was killed;2. That the deceased child was less than three days (72 hours)   of age; and3. That the accused killed the said child.

When the offender is the father, mother or legitimate ascendant,he shall suffer the penalty prescribed for parricide. If the offender is any other person, the penalty is that for murder.In either case, the proper qualification for the offense is infanticide.

If the offender is the parent and the victim is less than three daysold, the crime is infanticide and not parricide. The fact that thekilling was done to conceal her dishonor will not mitigate the criminalliability anymore because concealment of dishonor in killing the childis not mitigating in parricide.

Only the mother and maternal grandparents of the child are entitledto the mitigating circumstance of concealing the dishonor.

When infanticide is committed by the mother or maternal grandmother of the victim in order to conceal the mother’s dishonor, such fact is only mitigating.

The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty because she has no honor to protect.

There is no infanticide when the child was born dead, or although born alive it could not sustain an independent life when it was killed.

A stranger who cooperates in the perpetration of infanticide committed by the mother or grandparent on the mother’s side, is liable for infanticide, but he must suffer the penalty prescribed for murder.

Concealment of dishonor is not an element of infanticide. It merelylowers the penalty. If the child is abandoned without any intent tokill and death results as a consequence, the crime committedis not infanticide but abandonment under Article 276.

Intentional Abortion

ART.256

ARTICLE 256. Intentional Abortion. — Any person who shall intentionally cause an abortion shall suffer:1. The penalty of reclusión temporal, if he shall use any violence upon the person of the pregnant woman.2. The penalty of prisión mayor if, without using violence, he shall act without the consent of the woman.3. The penalty of prisión correccional in its medium and maximum periods, if the woman shall have consented.

ELEMENTS:1. That there is a pregnant woman;2. That violence is exerted, or drugs or beverages administered, or

that the accused otherwise acts upon such pregnant woman;3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom.4. That the abortion is intended.

A fetus about six months old cannot subsist by itself, outside the maternal womb. Abortion usually means expulsion before 6th month or before term of its viability

Viada: Abortion, as long as fetus dies as a result of violence used or drugs administered

Infanticide, if: (1) Fetus could sustain independent life after its separation from maternal womb, and(2) it is killed

Fetus survives in spite of attempt to kill it or use of violence:a. Abortion intended, all acts of execution performed – frustrated intentional abortionb. Abortion not intended, fetus does not die – physical injuries

No frustrated unintentional abortion

Ways of committing intentional abortion1. Using any violence upon the person of the pregnant woman;2. Acting, but without using violence, without the consent of the woman. (By administering drugs or beverages upon such pregnant woman without her consent.)3. Acting (by administering drugs or beverages), with the consent of the pregnant woman.

If the mother as a consequence of abortion suffers death or physicalinjuries, you have a complex crime of murder or physical injuries and abortion.

In intentional abortion, the offender must know of the pregnancybecause the particular criminal intention is to cause an abortion.

If the woman turns out not to be pregnant and someone performs an abortion upon her, he is liable for an impossible crime if the woman suffers no physical injury. If she does, the crime will be homicide, serious physical injuries, etc.

Frustrated abortion is committed if the fetus that is expelled is viable and, therefore, not dead as abortion did not result despite the employment of adequate and sufficient means to make the pregnant woman abort.

Unintentional Abortion

ART.257

ARTICLE 257. Unintentional Abortion. — The penalty of prisión correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.

ELEMENTS:1. That there is a pregnant woman;2. That violence is used upon such pregnant woman without intending an abortion;3. That the violence is intentionally exerted; and4. That as a result of the violence the fetus dies, either in the womb or after having been expelled therefrom.

Committed only by violence(giving of bitter substance with no intention to cause abortion is not unintentional abortion)

Violence must be intentionally exerted

Unintentional abortion may be complexed with other crimes suchas parricide or homicide

The accused can only be held liable if he knew that the woman was pregnant. If there is no intention to cause abortion and neither was violence exerted, Arts. 256 and 257 does not apply.

Unintentional abortion requires physical violence inflicted deliberately and voluntarily by a third person upon the pregnant woman.

If the pregnant woman aborted because of intimidation, the crimecommitted is not unintentional abortion because there is no violence; the crime committed is light threats.

If the pregnant woman was killed by violence by her husband, the crime committed is the complex crime of parricide with unlawful abortion.

Unintentional abortion may be committed through negligence asit is enough that the use of violence be voluntary.

If the act of violence is not felonious, that is, act of self-defense, and there is no knowledge of the woman’s pregnancy, there is no liability. If the act of violence is not felonious, but there is knowledge

of the woman’s pregnancy, the offender is liable for unintentional abortion.

People vs. JoseUnintentional abortion can also be committed through negligence.Jose is declared guilty of the crime of unintentional abortion through reckless imprudence for having bumped a calesa which resulted a pregnant woman to bump her abdomen against the wall of the calesa and eventually led to an abortion.

People v. SalufraniaMere boxing of the stomach taken together with the immediatestrangling of the victim in a fight, is not sufficient proof to show an intent to cause abortion. The accused must have merely intended to kill the victim but not necessarily to cause abortion. The accused is liable for complex crime of parricide with unintentional abortion for it was merely incidental to the killing.

People v. CarnasoFor the crime of abortion, even unintentional, to be held committed,the accused must have known of the pregnancy.

Abortion Practiced By The Woman Herself Or By Her Parents

ART.258

ARTICLE 258. Abortion Practiced by the Woman Herself or by Her Parents. — The penalty of prisión correccional in its medium and maximum periods shall be imposed upon a woman who shall practice an abortion upon herself or shall consent that any other person should do so.Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prisión correccional in its minimum and medium periods.If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prisión correccional in its medium and maximum periods.

ELEMENTS:1. That there is a pregnant woman who has suffered an abortion;2. That the abortion is intended; and3. That the abortion is caused by –   a. the pregnant woman herself   b. any other person, with her consent, or   c. any of her parents, with her consent for the purpose of      concealing her dishonor.

The liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However, there is no mitigation for the parents of the pregnant women even if their purpose is to conceal their daughter’s dishonor, unlike in infanticide.

Abortion Practiced By A Physician Or Midwife And Dispensing Of Abortives

ART.259

ARTICLE 259. Abortion Practiced by a Physician or Midwife and Dispensing of Abortives. — The penalties provided in article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same.Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos.

ELEMENTS:1. That there is a pregnant woman who has suffered an abortion;2. That the abortion is intended;3. That the offender, who must be a physician or midwife, causes or   assists in causing the abortion; and4. That said physician or midwife takes advantage of his or her   scientific knowledge or skill.It is not necessary that the pharmacist knew that the abortive wouldbe used to cause abortion. What is punished is the act of dispensingan abortive without the proper prescription. It is not necessary thatthe abortive be actually used.

If the pharmacist knew that the abortive would be used to causeabortion and abortion results, he is liable as an accomplice.

RA 4729: regulates the sale, dispensation, and/or distribution ofcontraceptive drugs and devices

If the abortion is produced by a physician to save the life of themother, there is no liability.

It is not unlawful if Sale, dispensation or distribution of contraceptive drug or contraceptive device is by a duly licensed drug store or pharmaceutical company and with prescription of qualified medical practitioner.

SECTION THREEDuel

Responsibility Of Participants In A Duel

ART.260

ARTICLE 260. Responsibility of Participants in a Duel. — The penalty of reclusión temporal shall be imposed upon any person who shall kill his adversary in a duel.If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided therefor, according to their nature.In any other case, the combatants shall suffer the penalty of arresto mayor, although no physical injuries have been inflicted.The seconds shall in all events be punished as accomplices.

ACTS PUNISHED:1. Killing one’s adversary in a duel.2. Inflicting upon the adversary serious physical injuries.3. Making combat although no physical injuries have been inflicted.

PERSONS LIABLE:1. Principals – person who killed or inflicted physical injuries upon his adversary, or both combatants in any other cases.2. Accomplices – as seconds

A duel is a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight.

If death results, the penalty is the same as that for homicide.

The law disregards intent to kill in a duel

In case of slight physical injuries inflicted on another, penalty is arresto menor, 3rd paragraph applies only when no physical injuries are inflicted

There is no such crime nowadays because people hit each other evenwithout entering into any pre- conceived agreement. This is anobsolete provision.

If these are not the conditions of the fight, it is not a duel in the sense contemplated in the Revised Penal Code. It will be a quarrel and anyone who killed the other will be liable for homicide or murder, as the case may be

Challenging To A Duel

ART.261

ARTICLE 261. Challenging to a Duel. — The penalty of prisión correccional in its minimum period shall be imposed upon any person who shall challenge another, or incite another to give or accept a challenge to a duel, or shall scoff at or decry another publicly for having refused to accept a challenge to fight a duel.

ACTS PUNISHABLE:1. Challenging another to a duel.2. Inciting another to give or accept a challenge to a duel.3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel.

PERSONS LIABLE:1. Challenger2. Instigators

People v. TacomoyIf one challenges another to a duel by shouting “Come down, Olympia, let us measure your prowess. We will see whose intestineswill come out. You are a coward if you do not come down”, the crimeof challenging to a duel is not committed. What is committed is thecrime of light threats under Article 285, paragraph 1 of the Revised Penal Code.

CHAPTER TWOPhysical Injuries

Mutilation

ART.262

ARTICLE 262. Mutilation. — The penalty of reclusión temporal to reclusión perpetua shall be imposed upon any person who shall intentionally mutilate another by depriving him, either totally or partially, of some essential organ for reproduction.Any other intentional mutilation shall be punished by prisión mayor in its medium and maximum periods.KINDS OF MUTILATION:1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction.2. Intentionally making other mutilation, i.e. lopping, clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of his body.

ELEMENTS OF THE FIRST KIND OF MUTILATION:1. Castration, i.e. mutilation of organs necessary for generation such as the penis or ovarium; and2. Purposely and deliberately.

In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be considered as mutilation of the

second kind.

Mayhem refers to any other intentional mutilation.

Under R.A. 7610, the penalty for the second type of mutilationshall be one degree higher when the victim is below 12 years old.

Intent to mutilate must be established. If there is no intent, the crime is only serious physical injury.

Serious Physical Injuries

ART.263

ARTICLE 263. Serious Physical Injuries. — Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer:1. The penalty of prisión mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind;2. The penalty of prisión correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was theretofore habitually engaged;3. The penalty of prisión correccional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he was habitually engaged for a period of more than ninety days;4. The penalty of arresto mayor in its maximum period to prisión correccional in its minimum period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days.If the offense shall have been committed against any of the persons enumerated in article 246, or with attendance of any of the circumstances mentioned in article 248, the case covered by subdivision number 1 of this article shall be punished by reclusión temporal in its medium and maximum periods; the case covered by subdivision number 2 by prisión correccional in its maximum period to prisión mayor in its minimum period; the case covered by subdivision number 3 by prisión correccional in its medium and maximum periods; and the case covered by subdivision number 4 by prisión correccional in its minimum and medium periods.The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement.

HOW COMMITTED:1. Wounding;2. Beating;3. Assaulting; or4. Administering injurious substances.

SERIOUS PHYSICAL INJURIES:1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted.2. When the injured person –   a. loses the use of speech or the power to hear or to smell, loses an eye, a hand, foot, arm or leg,   b. loses the use of any such member, or   c. becomes incapacitated for the work in which he had been habitually engaged3. When the injured person –   a. becomes deformed,   b. loses any other member of his body,   c. loses the use thereof, or   d. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days).

Serious physical injuries may be committed through recklessimprudence or simple imprudence.

There must be no intent to kill.

Impotence includes inability to copulate and sterility.

Blindness requires lost of vision in both eyes. Mere weaknessin vision is not contemplated.

Loss of power to hear must involve both ears. Otherwise, it willbe considered as serious physical injuries under par 3.

Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body. Loss of use of hand or incapacity of usual work in paragraph 2 must be permanent.

Paragraph 2 refers to principal members of the body. Paragraph 3, on the other hand, covers any other member that is not a principalpart of the body. In this respect, a front tooth is considered as a member of the body and not a principal member.

Deformity means physical ugliness, permanent and definite abnormality that is not curable by natural means or by nature.It must be conspicuous and visible. Thus, if the scar is usually covered by a dress, it would not be conspicuous and visible. Lossof teeth as deformity will not apply to child or old man.

The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth which impaired appearance is a deformity.

Deformity by loss of teeth refers to injury which cannot be repaired by the action of nature.

Loss of both outer ears, loss of the power to hear, and loss of thelobule of the ear constitute deformity.

Loss of the index and middle fingers is either a deformity or lossof a member, not a principal one, of his body or use of the same.

If the injury would require medical attendance for more than 30 days, the illness of the offended party may be considered as lasting more than 30 days. The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time.

Under paragraph 4, all that is required is illness or incapacity, not medical attendance.

In determining incapacity, the injured party must have an avocationor work at the time of the injury. Work includes studies or preparation for a profession.

When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor, there must be evidence of the length of that period. Otherwise, the offense will only be considered as slight physical injuries.

There is no incapacity if the injured party could still engage in hiswork although less effectively than before.

Serious physical injuries is qualified when the crime is committedagainst the same persons enumerated in the article on parricide orwhen it is attended by any of the circumstances defining the crime ofmurder. However, serious physical injuries resulting from excessivechastisement by parents is not qualified serious physical injuries.

The reason why there is no attempted or frustrated physical injuries is because the crime of physical injuries is determined on the gravity of the injury.It is a crime of result. As long as the injury is not there, there can be no attempted or frustrated stage thereof.

Administering Injurious Substance Or Beverages

ART.264

ARTICLE 264. Administering Injurious Substances or Beverages. — The penalties established by the next preceding article shall be applicable in the respective cases to any person who, without intent to kill, shall inflict upon another any serious physical injury, by knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity.

ELEMENTS:1. That the offender inflicted upon another person any serious physical injury;2. That it was done by knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity; and3. He had no intent to kill.

It is frustrated murder when there is intent to kill

Administering means introducing into the body the substance, thus throwing of the acid in the face is not contemplated.

Weakness of mind or credulity - witchcraft, philters, magnetism

Less Serious Physical Injuries

ART.265

ARTICLE 265. Less Serious Physical Injuries. — Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical attendance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor.Whenever less serious physical injuries shall have been inflicted with the manifest intent to insult or offend the injured person, or under circumstances adding ignominy to the offense, in addition to the penalty of arresto mayor, a fine not exceeding 500 pesos shall be imposed.Any less serious physical injuries inflicted upon the offender’s parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished by prisión correccional in its minimum and medium periods, provided that, in the case of persons in authority, the deed does not constitute the crime of assault upon such persons.

ELEMENTS:1. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 days), or needs medical attendance for the same period of time; and

2. That the physical injuries must not be those described in the preceding articles.

CIRCUMSTANCES QUALIFYING THE OFFENSE:1. when there is manifest intent to insult or offend the injured person2. when there are circumstances adding ignominy to the offense3. when the victim is either the offender’s parents, ascendants, guardians, curators or teachers4. when the victim is a person of rank or person in authority, provided the crime is not direct assault

This article applies even if there was no incapacity but the medicaltreatment was for more than 10 days.

Slight Physical Injuries And Maltreatment

ART.266

ARTICLE 266. Slight Physical Injuries and Maltreatment. — The crime of slight physical injuries shall be punished:1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period.2. By arresto menor or a fine not exceeding 200 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical attendance.3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall ill-treat another by deed without causing any injury.

THREE (3) KINDS:1. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period.2. That which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance (Ex. blackeye).3. Ill-treatment of another by deed w/o causing any injury.   (Ex. slapping but w/o causing dishonor)

When there is no evidence of actual injury Supervening event converting crime into serious physical injuries after filing of information can still be the subject of a new charge

This involves even ill-treatment where there is no sign of injury requiring medical treatment.

Slapping the offended party is a form of ill-treatment which is a form of slight physical injuries.

But if the slapping is done to cast dishonor upon the person slapped, or to humiliate or embarrass the offended party out of a quarrel oranger, the crime is slander by deed.

Between slight physical injuries and less serious physical injuries, notonly the healing duration of the injury will be considered but also themedical attendance required to treat the injury. So the healing duration may be one to nine days, but if the medical treatment continues beyond nine days, the physical injuries would already qualify as less serious physical injuries. The medical treatment may have lasted for nine days, but if the offended party is still incapacitated for labor beyond nine days, the physical injuries are already considered less serious physical injuries.

Where there is no evidence of actual injury, it is only slight physicalinjuries. In the absence of proof as to the period of the offended party’s incapacity for labor or of the required medical attendance, the crime committed is slight physical injuries.

Rape

ART.266A-266B.

[REPUBLIC ACT 8353]AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME

AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER

PURPOSES

SECTION 1. Short Title. – This Act shall be known as “The Anti-Rape Law of 1997.” SEC. 2. Rape as a Crime Against Persons. – The crime of rape shall hereafter be classified as a Crime Against Persons under Title Eight of Act No. 3815, as amended, otherwise known as the Revised Penal Code. Accordingly, there shall be incorporated into Title Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read as follows:

Chapter Three“Rape “

"Article 266-A. Rape: When And How Committed. - Rape is committed:       "1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:"a) Through force, threat, or intimidation; "b) When the offended party is deprived of reason or otherwise unconscious; "c) By means of fraudulent machination or grave abuse of authority; and 

"d) When the offended party is under twelve (12) years of  age or is demented, even though none of the circumstances mentioned above be present."2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of  sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. 

"Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua. "Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.  "When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to death. "When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death. "When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death. "The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances: "l) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim; "2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution; "3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity; "4) When the victim is a religious engaged in legitimate religious vocation or calling and  is personally known to be such by the offender before or at the time of the commission of the crime; "5) When the victim is a child below seven (7) years old; "6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim; "7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime; "8) When by reason or on the occasion of the rape, the  victim has suffered permanent physical mutilation or disability; "9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and "10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime. "Rape under paragraph 2 of the next preceding article shall be punished by prision mayor. "Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to reclusion temporal. "When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal. "When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua. "When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusion perpetua. "Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying circumstances mentioned in this article. 

"Article 266-C. Effect of Pardon. - The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed. "In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio.  "Article 266-D. Presumptions. - Any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or where the offended party is so situated as to render her/him incapable of giving valid consent, may be accepted as evidence in the prosecution of the acts punished under Article 266-A."

The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as a Crime Against Persons. It incorporated rape into Title 8 of the RPC.

ELEMENTS:Rape is committed -1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:a. through force, threat or intimidation;b. when the offended party is deprived of reason or otherwise       unconscious;c. by means of fraudulent machination or grave abuse of authority;d. when the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present.

2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by insertinga. his penis into another person’s mouth or anal orifice; orb. any instrument or object, into the genital or anal orifice of another person.

Rape committed under paragraph 1 is punishable by:1. reclusion perpetua2. reclusion perpetua to DEATH when:

    a. victim became insane by reason or on the occasion of rape; or    b. the rape is attempted and a homicide is committed by reason or on the occasion thereof.3. DEATH when:a. homicide is committed;b. victim is under 18 years old and offender is:    (1) parent,    (2) ascendant,    (3) step-parent,    (4) guardian,    (5) relative by consanguinity or affinity within the 3rd civil degree,    (6) common law spouse of victim’s parent;c. under the custody of the police or military authorities or any law enforcement or penal institution;d. committed in full view of the spouse, parent or any of the children or other relatives within the 3rd degree of consanguinity;e. victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime;f. a child below 7 years old;g. offender knows he is afflicted with HIV or AIDS or any other sexually transmissible disease and the virus is transmitted to the victim;h. offender is a member of the AFP, or para-military units thereof, or the PNP, or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;i. the victim suffered permanent physical mutilation or disability; j. the offender knew of the pregnancy of the offended party at the time of the commission of the crime; andk. when the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.

Rape committed under paragraph 2 is punishable by:1. prision mayor2. prision mayor to reclusion temporal when:    a. there was use of deadly weapon, or    b. when committed by two or more persons.3. reclusion temporal – when the victim has become insane4. reclusion temporal to reclusion perpetua – rape is attempted and homicide is committed5. reclusion perpetua – homicide is committed by reason or on occasion of rape6. reclusion temporal – committed with any of the 10 aggravating circumstances mentioned above

Dividing age in rape:1. less than 7 years old - mandatory death2. less than 12 years old - statutory rape3. less than 18 years old and there is relationship (e.g. parent, etc.) - mandatory death

Degree of Force necessary:1. Force sufficient to consummate culprit’s purpose2. Consider age, size and strength of parties and their relation to each other

Rape may be committed by employing intimidation (Intimidation Moral kind)

When the offender in rape has an ascendancy or influence over the girl, it is not necessary to put up determined resistance

Rape may be proved by testimony of woman alone1. An accusation for rape can be made with facility, is difficult to prove, but more difficult for person accused, though innocent, to disprove2. Nature only two persons are involved, testimony of complainant must be scrutinized with extreme caution3. The evidence for prosecution must stand or fall on its own merits, and cannot be allowed to draw strength from weakness of evidence for defense

Deprivation of reason contemplated by law need not be complete, mental abnormality or deficiency is sufficient

CONSUMMATED RAPE: penetration of labia consummates the crime of rape

ATTEMPTED RAPE: intent to have carnal knowledge must be clearly shown

Multiple rape by two or more offenders each one is responsible not only for rape personally committed, but also for rape committed by others

Rape with homicide is now a special complex crime

Rape infecting victim with gonorrhea that caused death is an illustration of rape with homicide

Indemnity in Rape: P50,000 mandatory; if circumstances which death penalty is authorized P75,000; Rape with homicide P100,000

Moral damages P50,000, without need of proof

Exemplary damages if crime committed with one or more

aggravating circumstances

PEOPLE vs.NEQUIA, G.R. No. 146569.10/6/03In rape by sexual assault, the word "instrument or object" should beconstrued to include a human finger.

ORDINARIO vs. PEOPLE G.R. No. 155415. 520/04 The definition of the crime  of rape has been expanded with the enactment of Republic Act No. 8353,  otherwise known as the Anti-Rape Law of 1997, to include not only "rape  by sexual intercourse" but now likewise "rape by sexual assault." An  act of sexual assault under the second paragraph of the article can be  committed by any person who, under the circumstances mentioned in the first paragraph of the law, inserts his penis into the mouth or anal orifice, or any instrument or object into the genital or anal orifice, of another person. The law, unlike rape under the first paragraph of Article 266-A of the Code, has not made any distinction on the sex of either the offender or the victim. Neither must the courts make such distinction.

PEOPLE vs. BALLENO G.R. No. 149075. 8/7/03The fact that no laceration and no ruptured hymen were found in this case, does not necessarily negate rape. The fact that the hymen was intact upon examination does not, likewise, belie rape, for a broken hymen is not an essential element of rape, nor does the fact that the victim remained a virgin exclude the crime.

PEOPLE vs. NAVARRO, G.R. No. 137597. 10/24/03Even the slightest contact of the penis with the labia under thecircumstances enumerated under Art. 266- A of the Revised Penal Code constitutes rape. A flaccid penis can do as much damage as an erect one — at least insofar as the crime of rape is concerned.

PEOPLE vs. AGSAOAY, G.R. Nos. 132125-26. 6/3/04An unchaste woman who habitually goes out with different men may be a victim of rape. The victim’s moral character is not among the elements of the crime of rape. It does not negate the existence of rape.

PEOPLE vs. LALINGJAMAN, G.R. No. 132714. 6/6/01Rape may be committed anywhere — even in places where people congregate such as parks, along the road side, within school premises, and inside a house where there are other occupants. The beast in him bears no respect for time and place.

PEOPLE vs. OLAYBAR G.R. Nos. 150630-31. 101/03The trial court has decreed the penalty of death on account ofcircumstance under Article 266-A, i.e., that when "the offender knows that he is afflicted with Human Immuno-Deficiency Virus (HIV), Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim," the imposition of the extreme penalty of death would be warranted.

PEOPLE vs. DE LA TORRE G.R. Nos. 121213 & 121216-23. 1/13/04An accused may be considered a principal by direct participation, byinducement, or by indispensable cooperation. This is true in a chargeof rape against a woman, provided of course a man is charged together with her. Thus, in two cases the Court convicted the woman as a principal by direct participation since it was proven that she held down the complainant in order to help her co-accused spouse consummate the offense.

PEOPLE vs. ESPINOSA G.R. No. 138742 6/15/04Absence of resistance does not mean consent. The complainant was only 14 years old when the rape took place. At her age, it could easily be conceived that she feared the appellant and believed his threats, that he would kill her and her family if she reported the incident to anyone. The test is whether the threat or intimidation produces a reasonable fear in the mind of the victim that if she resists or does not yield to the desires of the accused, the threat would be carried out.

PEOPLE vs. MALONES, G.R. Nos. 124388-90. 3/11/04The negative findings of spermatozoa on the medico- legal report does not prove that no rape was committed.

PEOPLE vs. ROTE, G.R. No. 146188, 12/11/03Where the girl is below 12 years old, the only subject of inquiry iswhether “carnal knowledge” took place. Proof of force, intimidation or consent is unnecessary since none of these is an element of statutory rape. There is a conclusive presumption of absence of freeconsent of the rape victim is below the age of 12.

PEOPLE vs.SABARDAN, G.R. No. 132135. 5/21/04When the original and primordial intention of the appellant in keeping the victim in his apartment was to rape her and not to deprive her of her liberty, the appellant is guilty only of rape under Article 335, paragraph 1 of the Revised Penal Code, and not of the complex crime of serious illegal detention with rape under Article 267, in relation to Articles 335 and 48 of the Code.

PEOPLE vs. BALATAZO, G.R. No. 118027. 1/29/04Force or intimidation may be actual or constructive. In this case, thevictim is a mental retardate. The appellant took advantage of hercondition and succeeded in having sexual intercourse with her.Hence, he is guilty of forcible rape.

PEOPLE vs. FUCIO, G.R. Nos. 151186-95. 2/13/04The qualifying circumstance of minority and relationship does not include god-father relationship

PEOPLE vs. ANCHETA, G.R. No. 142431. 1/14/04To justify the imposition of the death penalty in cases of incestuousrape, the concurrence of the minority of the victim and her relationship to the offender constitutes one special qualifying circumstance which must be both alleged and proved with moral certainty.

PEOPLE OF THE PHILIPPINES vs. MAURICIO WATIWA, G.R. No. 139400 September 3, 2003In Qualified Rape, the term “guardian” refers to a legal guardian as in the case of parents or guardian ad litem or judicial guardian appointed by the court, and not merely to an uncommitted caretaker over a limited period of time.

PEOPLE OF THE PHIL. vs. LAMBID G.R. Nos. 133066-67, October 1, 2003The force or violence necessary in rape is a relative term that depends not only on the age, size, and strength of the persons involved but also on their relationship to each other. In a rape committed by a father against his own daughter, the former's parental authority and moral ascendancy substitutes for violence or intimidation over the latter who, expectedly, would just cower in fear and resign to the father's wicked deeds.

PEOPLE OF THE PHILIPPINES vs. ANTHONY SANDIG G.R. No. 143124. 7/25/03The mere assertion of a love relationship does not necessarily rule out the use of force to consummate the crime of rape. A sweetheart cannot be forced to have sex against her will. Definitely a man can neither demand sexual gratification from a fiancée nor employ violence upon her, on the pretext of love.

PEOPLE vs. JOEL AYUDA G.R. No. 128882. 10/2/03A "sweetheart defense," to be credible, should be substantiated by some documentary or other evidence of the relationship — like mementos, love letters, notes, pictures and the like. Here, no such evidence was ever presented by appellant.

PEOPLE vs. ACERO, G.R. Nos. 146690- 91. 3/17/04A defense based on “sweetheart theory” in rape cases is not a defense at all in rape where the victim is a mental retardate.

PEOPLE vs. OGA, G.R. No. 152302. 6/8/04Sweetheart theory prevails as a defense in rape when it casts reasonable doubt as to the guilt of the accused.

People v. OritaA soldier raped a 19-year old student by poking a knife on her neck. Only a portion of his penis entered her vagina because the victim kept on struggling until she was able to escape. The accused was convicted of frustrated rape.   HELD: There is NO crime of FRUSTRATED RAPE because in rape, from the moment the offender has carnal knowledge of the victim, he actually attains his purpose, all the essential elements of the offense have been accomplished.

People v. CampuhanThe accused had his pants down and was on top of the 4-year old child when the child’s mother arrived. Medical findings showed no signs of genital injury and the victim’s hymen was intact.

    HELD: For rape to be consummated, a slight brush or scrape of the penis on the external layer of the vagina will not suffice.Mere touching of the external layer of the vagina is not the same as ‘slightest penetration’. Accused is only liable for ATTEMPTED RAPE.

People v. AtentoA 16-year old mental retardate, who has the intellectual capacity ofa 9 and 12 year old, was repeatedly raped by the accused.

    HELD: The accused was found guilty of raping a woman deprived of  reason or otherwise unconscious, and was also held liable for rape under the Par. that pertains to a victim under 12 notwithstanding the victim’s actual age. Age requirement was amended to refer to mental age.

People v. GalloGallo was found guilty of the crime of qualified rape with the penalty of death. The information filed against him does not allege his relationship with the victim, his daughter, thus, it CANNOT beconsidered as a qualifying circumstance.

    HELD: Special qualifying circumstances have to be alleged in theinformation for it to be appreciated. The case was reopened and the judgment is modified from death to reclusion perpetua.

People v. BeranaA 14-year old was raped by her brother- in-law.

    HELD: To effectively prosecute the accused for the crime of rapecommitted by a relative by affinity w/in the 3rd civil degree, it must be established that:1) the accused is legally married to the victim’s sister; and

2) the victim and the accused’s wife are full or half-blood siblings. Since relationship qualifies the crime of rape, there must be clearer proof of relationship and in this case, it was not adequately substantiated.

TITLE NINECrimes Against Personal Liberty and Security

CHAPTER ONECrimes Against Liberty

1. Kidnapping and serious illegal detention (267)2. Slight illegal detention (268)3. Unlawful arrest (269)4. Kidnapping and failure to return a minor (270)5. Inducing a minor to abandon his home (271)6. Slavery (272)7. Exploitation of child labor (273)8. Services rendered under compulsion in payment of debt (274)

SECTION ONEIllegal Detention

Kidnapping And Serious Illegal Detention

ART.267

ARTICLE 267. Serious Illegal Detention. — Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusión temporal:1. If the locking up or detention shall have lasted more than twenty days.2. If it shall have been committed simulating public authority.3. If any serious physical injuries shall have been inflicted upon the person locked up or detained, or if threats to kill him shall have been made.

ELEMENTS:1. That the offender is a private individual;2. That he kidnaps or detains another, or in any other manner   deprives the liberty;3. That the act of detention or kidnapping must be illegal; and4. That in the commission of the offense, any of the following   circumstances are present (detention becomes serious):    a. that the kidnapping/detention lasts for more than 3 days,    b. that it is committed by simulating public authority,    c. that any serious physical injuries are inflicted upon the       person kidnapped or detained or threats to kill him are made, or    d. that the person kidnapped or detained is a minor       (except if parent is the offender), female or a public officer.

Qualifying Circumstances:Death is imposed [death penalty suspended]1. Purpose is to extort ransom.2. When the victim is killed or dies as a consequence of the detention.3. When the victim is raped.4. When victim is subjected to torture of dehumanizing act

The offenders here are private individuals or public officers acting intheir private capacity. If they are public officers, they are coveredby the crimes under Title 2.

When a public officer conspires with a private person in the commission of any of the crimes under Title IX, the crime is also one committed under this title and not under Title II.

The purpose is immaterial when any of the circumstances in the firstparagraph of Art. 267 is present.

Essential element: deprivation of liberty.

Definition of ransom: It is the money, price or consideration paid or demanded for redemption of a captured person or persons, apayment that releases a person from captivity

Special complex crime of Kidnapping with Murder: When the victim dies or is killed as a consequence of the detention.

Forcible abduction: If a woman is transported from one place to another by virtue of restraining her of her liberty, and that act is coupled with lewd designs.

Serious illegal detention: If a woman is transported just to restrainher of her liberty. There is no lewd design or lewd intent.

Grave coercion: If a woman is carried away just to break her will, tocompel her to agree to the demand or request by the offender.

PEOPLE vs. OBESO G.R. No. 152285. 10/24/03It is true that for kidnapping to take place, it is not necessary thatthe victim be placed in an enclosure; neither is it necessary that thedetention be prolonged. However, the essence of kidnapping is theactual deprivation of the victim's liberty coupled with indubitableproof of the intent of the accused to effect such deprivation.

PEOPLE vs. PICKRELL, G.R No. 120409. 10/23/03Although the victim my have inceptually consented to go with theoffender to a place but the victim is thereafter prevented, with the

use of force, from leaving the place where he was brought to with his consent and is detained against his will, the offender is guilty of kidnapping and serious illegal detention.

PEOPLE vs. PUA, G.R. NO. 144050. 11/11/03The penalty shall be death where the kidnapping or detention wascommitted for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances mentioned in Article 267 were present in the commission of the offense

People v Padica (1993)   Where the evident purpose of taking the victim was to kill him, and from the acts of the accused it cannot be inferred that the latter’s purpose was to actually detain or deprive the victim of his liberty, the subsequent killing of the victim did not constitute the crime of kidnapping.

   The demand for ransom did not convert the crime into kidnapping,   since no deprivation of liberty was involved.

People v Luartes (1999)The essence of kidnapping is the actual deprivation of the victim’sliberty coupled with the intent of the accused to effect it.

People v Pavillare (2000)The duration of the detention even if only for a few hours does notalter the nature of the crime committed.

People v. TomioPhysical detention is not necessary. It is enough that the victim isunder the complete control of the perpetrators as in this case whenthe Japanese victim had to rely on his abductors for survival afterhe was tricked into believing that the police was after him.

It was also held in this case that keeping a person as a collateralfor payment of an obligation is kidnapping.

The amendment introduced in our criminal statutes the concept of"special complex crime" of kidnapping with murder or homicide.

Slight Illegal Detention

ART.268

ARTICLE 268. Slight Illegal Detention. — The penalty of prisión mayor shall be imposed upon any private individual who shall commit the crimes described in the next preceding article without the attendance of any of the circumstances enumerated therein.The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime.If the offender shall voluntarily release the person so locked up or detained within three days from the commencement of the detention, without having attained the purpose intended, and before the institution of criminal proceedings against him, the penalty shall be prisión correccional in its minimum and medium periods and a fine not exceeding 500 pesos.

ELEMENTS:1. That the offender is a private person;2. That he kidnaps or detains another or in any other manner deprives the liberty or he furnishes the place for the perpetuation of the detention;3. That the act of detention or kidnapping must be illegal;4. That the crime is committed without the attendance of any of the   circumstances enumerated in Art. 267.

PRIVILEGED MITIGATING CIRCUMSTANCE:Penalty is loweredIf the offender:1. voluntarily releases the person so kidnapped or detained within 3   days from the commencement of the detention;2. without having attained the purpose intended; and3. before the institution of criminal proceedings against him.

The prevailing rule now is Asistio v. Judge, which provides that voluntary release will only mitigate criminal liability if crime wasslight illegal detention. If serious, it has no effect.

The liability of one who furnishes the place where the offendedparty is being held captive is that of a principal and not of anaccomplice.

Unlawful Arrest

ART.269

ARTICLE 269. Unlawful Arrest. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, in any case other than those authorized by law, or without reasonable ground therefor, shall arrest or detain another for the purpose of delivering him to the proper authorities.

ELEMENTS:1. That the offender arrests or detains another person;2. That the purpose of the offender is to deliver him to the proper   authorities; and

3. That the arrest or detention is not authorized by law or there is   no reasonable ground therefor.

Offender is any person. Either a public officer or private individual may be liable.

Arrest/ detention refers to warrantless arrests.

In Article 125 (Delay in the delivery of detained persons to the proper judicial authorities), the detention is for some legal ground. While in an unlawful arrest, the detention is not authorized by law.

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

If the person arrested is not delivered to the authorities, the privateindividual making the arrest incurs criminal liability for illegal detention under Article 267 or 268.

If the offender is a public officer, the crime is arbitrary detentionunder Article 124.

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

SECTION TWOKidnapping of Minors

Kidnapping And Failure To Return A Minor

ART.270ARTICLE 270. Kidnapping and Failure to Return a Minor. — The penalty of reclusión temporal shall be imposed upon:1. Anyone who shall kidnap a child under seven years for the purpose of permanently separating said child from his parents or guardians or the persons charged with his custody.2. Any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians.

ELEMENTS:1. That the offender is entrusted with the custody of a minor person ; and2. That he deliberately fails to restore the said minor to his parents.

If any of the foregoing elements is absent, the kidnapping of the minor will then fall under Article 267.

The essential element which qualifies the crime of kidnapping a minor under Art. 270 is that the offender is entrusted with the custody of the minor.

If the accused is any of the parents, Article 267 does not apply; Articles 270 and 271 apply.

If the taking is with the consent of the parents, the crime in Article270 is committed.

People v. GenerosaThe deliberate failure to return a minor under one’s custody constitutes deprivation of liberty.

Kidnapping and failure to return a minor is necessarily included inkidnapping and serious illegal detention of a minor under Article 267(4).

People v. MendozaWhere a minor child was taken by the accused without the knowledge and consent of his parents, the crime is kidnapping and serious illegal detention under Article 267, not kidnapping and failure to return a minor under Article 270.

Inducing A Minor To Abandon His Home

ART.271

ARTICLE 271. Inducing a Minor to Abandon his Home. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon anyone who shall induce a person under age but over seven years to abandon the home of his parents or guardians or the persons entrusted with his custody.If the person committing any of the crimes covered by the two preceding articles shall be the father or the mother of the minor, the penalty shall be arresto menor or a fine not exceeding 200 pesos, or both.

ELEMENTS:1. That the minor is living in the home of his parents or guardians or   the person entrusted with his custody; and2. That the offender induces a minor to abandon such home.

Inducement must be actual, committed with criminal intent and determined by a will to cause damage.

The minor should not leave his home of his own free will.

Mitigated if committed by the father or mother of the victim.

The minor need not actually abandon his home or home of guardian.Mere commission of any act which tends to influence, persuade or prevail on a minor to abandon his home is what constitutes a crime.

Father or mother may commit the crimes in Art. 170 and 171 where they are living separately and the custody f the minor children is given to one of them.

SECTION THREESlavery and Servitude

Slavery

ART.272

ARTICLE 272. Slavery. — The penalty of prisión mayor and a fine of not exceeding 10,000 pesos shall be imposed upon anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him.If the crime be committed for the purpose of assigning the offended party to some immoral traffic, the penalty shall be imposed in its maximum period.

ELEMENTS:1. That the offender purchases, sells, kidnaps or detains a human being; and2. That the purpose of the offender is to enslave such human being.

Qualifying circumstance – if the purpose is some immoral traffic(Ex. prostitution).

The penalty is increased if the purpose of the offender is to assignthe offended party to some immoral traffic.

If the purpose of the kidnapping or detention is to enslave the offended party, slavery is committed.

The crime is slavery if the offender is not engaged in the business ofprostitution. If he is, the crime is white slave trade under Article 341.

The employment or custody of a minor with the consent of the parent or guardian although against the child’s own will cannot be considered involuntary servitude.

But where is proven that the defendant was obliged to render service in plaintiff’s house as a servant without remuneration whatever and to remain there so long as she has not paid her debt, there is slavery.

Exploitation Of Child Labor

ART.273ARTICLE 273. Exploitation of Child Labor. — The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the latter’s will, retain him in his service.

ELEMENTS:1. That the offender retains a minor in his service;2. That it is against the will of the minor; and3. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor.

Indebtedness is not a ground for detention

Services Rendered Under Compulsion In Payment Of Debt

ART.274

ARTICLE 274. Services Rendered Under Compulsion in Payment of Debts. — The penalty of arresto mayor in its maximum period to prisión correccional in its minimum period shall be imposed upon any person who, in order to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or farm laborer.

ELEMENTS:1. That the offender compels a debtor to work for him, either as    household servant or farm laborer;2. That it is against the debtor’s will; and3. That the purpose is to require or enforce the payment of a debt.

RA 9231: ANTI-CHILD LABOR ACT OF 2003

RA 9231 amended RA 7160 by imposing heavier penalties on parents, guardians and employers of children 18 yrs. and below who commit any of the following acts:1. Using, procuring or offering the child for purposes of prostitution or pornographic activities;2. Using, procuring or offering the child for illicit activities, such as trafficking of drugs and other illegal substances;

3. Making the child work in hazardous working conditions;4. Subjecting the child to various forms of slavery as defined in RA 9208, incl. Trafficking of children, recruitment of child soldiers, etc.

CHAPTER TWOCrimes Against Security

1. Abandonment of persons in danger and abandonment of one’s own victim (275)

2. Abandoning a minor (276)3. Abandonment of minor by person entrusted with his custody;

indifference of parents (277)4. Exploitation of minors (278)5. Trespass to dwelling (280)6. Other forms of trespass (281)7. Grave threats (282)8. Light threats (283)9. Other light threats (285)10. Grave coercions (286)11. Light coercions (287)12. Other similar coercions – (compulsory purchase of merchandise and

payment of wages by means of tokens) (288)13. Formation, maintenance and prohibition of combination of capital or

labor through violence or threats (289)14. Discovering secrets though seizure of correspondence (290)15. Revealing secrets with abuse of office (291)16. Revealing of industrial secrets (292)

SECTION ONEAbandonment of Helpless Persons and Exploitation of Minors

Abandonment Of Person In Danger And Abandonment Of One's Own Victim

ART.275

ARTICLE 275. Abandonment of Persons in Danger and Abandonment of One’s Own Victim. — The penalty of arresto mayor shall be imposed upon:1. Anyone who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense.2. Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured.3. Anyone who, having found an abandoned child under seven years of age, shall fail to deliver said child to the authorities or to his family, or shall fail to take him to a safe place.

ACTS PUNISHABLE:1. By failing to render assistance to any person whom the offender finds in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense;    ELEMENTS:a. That place is not inhabited.b. The accused found there a person wounded or in danger of dying.c. The accused can render assistance without detriment to himself.d. The accused fails to render assistance.

2. By failing to help or render assistance to another whom the offender has accidentally wounded or injured;

3. By failing to deliver a child under 7 whom the offender has found   abandoned, to the authorities or to his family, or by failing to take   him to a safe place. (may be applied to a lost child)

Does not apply: When a person intentionally wounds another and leaves him in an uninhabited place

Immaterial: That the offender did not know that the child is under seven years.

Abandoning A Minor

ART.276ARTICLE 276. Abandoning a Minor. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon anyone who shall abandon a child under seven years of age, the custody of which is incumbent upon him.When the death of the minor shall result from such abandonment, the culprit shall be punished by prisión correccional in its medium and maximum periods; but if the life of the minor shall have been in danger only, the penalty shall be prisión correccional in its minimum and medium periods.The provisions contained in the two preceding paragraphs shall not prevent the imposition of the penalty provided for the act committed, when the same shall constitute a more serious offense.

ELEMENTS:1. That the offender has the custody of a child;2. That the child is under 7 years of age;3. That he abandons such child; and4. That he has no intent to kill the child when the latter is abandoned.

Abandonment must be conscious, deliberate, and permanent.

Qualifying circumstances:

a. death of the minor; orb. life was in danger because of the abandonment.

Parent guilty of abandoning their children shall be deprived of parental authority.

The purpose in abandoning the minor under his custody is to avoid the obligation of taking care of said minor.

Intent to kill cannot be presumed from the death of the child. The ruling that the intent to kill is presumed from the death of the victim of the crime is applicable only to crimes against persons, and not to crimes against security, particularly the crime of abandoning a minor under Art. 276.

Abandonment Of Minor By Person Entrusted With His Custody; Indifference Of Parents

ART.277

ARTICLE 277. Abandonment of Minor by Person Entrusted with his Custody; Indifference of Parents. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon anyone who, having charge of the rearing or education of a minor, shall deliver said minor to a public institution or other persons, without the consent of the one who entrusted such child to his care or in the absence of the latter, without the consent of the proper authorities.The same penalty shall be imposed upon the parents who shall neglect their children by not giving them the education which their station in life require and financial condition permit.

ACTS PUNISHED:1. By delivering a minor to a public institution or other persons w/o   consent of the one who entrusted such minor to the care of the   offender or, in the absence of that one, without the consent of   the proper authorities;

ELEMENTS:a. Offender has charge of the rearing or education of a minor;b. He delivers said minor to a public institution or other persons.; andc. That the one who entrusted such child to the offender has not     consented to such act; or if the one who entrusted such child to the offender is absent, the proper authorities have not consented to it.

2. By neglecting his children by not giving them education which their station in life requires and financial condition permits;

ELEMENTS:a. That the offender is a parent;b. That he neglects his children by not giving them education; andc. That his station in life requires such education and his financial condition permits it.

Obligation to educate children terminates if mother and children refuse without good reason to live with accused.

Failure to give education must be due to deliberate desire to evadesuch obligation.

Exploitation Of Minors

ART.278

ARTICLE 278. Exploitation of Minors. — The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon:1. Any person who shall cause any boy or girl under sixteen years of age to perform any dangerous feat of balancing, physical strength or contortion.2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds of children under sixteen years of age who are not his children or descendants.

3. Any person engaged in any of the callings enumerated in the next preceding paragraph who shall employ any descendant of his under twelve years of age in such dangerous exhibitions.4. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen years of age, who shall deliver such child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar.If the delivery shall have been made in consideration of any price, compensation, or promise, the penalty shall in every case be imposed in its maximum period.In either case, the guardian or curator convicted shall also be removed from office as guardian or curator; and in the case of the parents of the child, they may be deprived, temporarily or perpetually, in the discretion of the court, of their parental authority.5. Any person who shall induce any child under sixteen years of age to abandon the home of its ascendants, guardians, curators or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany any habitual vagrant or beggar.

Acts punished:

1. By causing any boy or girl under 16 to perform any dangerous feat of balancing, physical strength or contortion, the offender being any person.

2. By employing children under 16 who are not the children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer or circus manager or engaged in a similar calling.

3. By employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of said callings.

4. By delivering a child under 16 gratuitously to any person following any of the callings enumerated in paragraph 2 or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher or person entrusted in any capacity with the care of such child.

5. By inducing any child under 16 to abandon the home of its ascendants, guardians, curators or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 or to accompany any habitual vagrant or beggar, the offender being any person.

Qualifying Circumstance: (Penalty is Higher)If the delivery of the child to any person following any of the callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in consideration of any price, compensation or promise.

The offender is engaged in a kind of business that would place thelife or limb of the minor in danger, even though working for him is not against the will of the minor.

Nature of the Business: this involves circuses which generally attract children so they themselves may enjoy working there unaware of the danger to their own lives and limbs.

Age: Must be below 16 years.

Article 278 has no application if minor is 16 years old and above.But the exploitation will be dealt with by Republic Act No. 7610.

If the employer is an ascendant, the crime is not committed, unless the minor is less than 12 years old.

If the minor so employed would suffer some injuries as a result of aviolation of Article 278, Article 279 provides that there would beadditional criminal liability for the resulting felony.

Additional Penalties For Other Offenses

ART.279

ARTICLE 279. Additional Penalties for Other Offenses. — The imposition of the penalties prescribed in the preceding articles, shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and punished by this Code.

The imposition of the penalties prescribed in the preceding articles,shall not prevent the imposition upon the same person of the penaltyprovided for any other felonies defined and punished by this Code.

SECTION TWOTrespass to Dwelling

Trespass To Dwelling

Art.280

ARTICLE 280. Qualified Trespass to Dwelling. — Any private person who shall enter the dwelling of another against the latter’s will, shall be punished by arresto mayor and a fine not exceeding 1,000 pesos.

If the offense be committed by means of violence or intimidation, the penalty shall be prisión correccional in its medium and maximum periods and a fine not exceeding 1,000 pesos.The provisions of this article shall not be applicable to any person who shall enter another’s dwelling for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person, nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall enter cafés, taverns, inns and other public houses, while the same are open.

ELEMENTS:1. That the offender is a private person;2. That he enters the dwelling of another; and3. That such entrance is against the latter’s will.

Qualifying circumstance: If the offense is committed by means ofviolence or intimidation.

There must be an opposition on the part of the owner of the house to the entry of the accused.

Dwelling: any building or structure exclusively devoted for rest andcomfort, depends upon use; maybe a room; implied prohibitiondepending on circumstances

DWELLING: This is the place that a person inhabits. It includes thedependencies which have interior communication with the house. It is not necessary that it be the permanent dwelling of the person; hence, a person’s room in a hotel may be considered a dwelling.It also includes a room where one resides as a boarder.

If the purpose in entering the dwelling is not shown, trespass iscommitted.

If the purpose is shown, it may be absorbed in the crime as inrobbery with force upon things, the trespass yielding to the moreserious crime.

Implied prohibition is present considering the following situation.Ex. Felony was committed late at night and everyone’s asleep orentrance was made through the window.

Prohibition is not necessary when violence or intimidation isemployed by the offender.

When there is no overt act of the crime intended to be committed(Ex. theft), the crime is trespass to dwelling.

If the purpose is not shown and while inside the dwelling he was found by the occupants, one of whom was injured by him, the crimecommitted will be trespass to dwelling and frustrated homicide,physical injuries, or if there was no injury, unjust vexation.

If the entry is made by a way not intended for entry, that is presumed to be against the will of the occupant (example, entry through a window).It is not necessary that there be a breaking.

Against the will: This means that the entrance is, either expressly orimpliedly, prohibited or the prohibition is presumed. Fraudulententrance may constitute trespass. The prohibition to enter may be made at any time and not necessarily at the time of the entrance.

To prove that an entry is against the will of the occupant, it is notnecessary that the entry should be preceded by an express prohibition, provided that the opposition of the occupant is clearly established by the circumstances under which the entry is made, such as the existence of enmity or strained relations between the accused and the occupant.

Offender is public officer: Crime is violation of domicile.

No overt act of the crime intended to be committed: Crime is trespass to dwelling.

Trespass may be committed even by the owner of the dwelling against the actual occupant thereof.

NOT APPLICABLE TO:

   - entrance is for the purpose of preventing harm to himself, the     occupants or a third person;

   - purpose is to render some service to humanity or justice; and

   - place is a café, tavern, etc. while it is open.

Medina case: When the accused entered the dwelling through the window, he had no intent to kill any person inside. His intention to kill came to hismind when he was being arrested by the occupants thereof. Hence, the crime of trespass to dwelling is a separate and distinct offensefrom frustrated homicide.

Examples of trespass by means of violence:1. Pushing the door violently and maltreating the occupants afterentering.2. Cutting of a ribbon or string with which the door latch of a closedroom was fastened. The cutting of the fastenings of the door was an

act of violence.3. Wounding by means of a bolo, the owner of the house immediately after entrance

Examples of trespass by means of intimidation:1. Firing a revolver in the air by persons attempting to force theirway into a house.2. The flourishing of a bolo against inmates of the house upon gaining an entrance

Other Form Of Trespass

ART.281

ARTICLE 281. Other Forms of Trespass. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who shall enter the closed premises or the fenced estate of another, while either of them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof.

ELEMENTS:1. That the offender enters the closed premises or the fenced estateof another;2. That the entrance is made while either of them is uninhabited;3. That the prohibition to enter be manifest; and4. That the trespasser has not secured the permission of the owner or the caretaker thereof.

Premises: signifies distinct and definite locality. It may mean a room, shop, building or definite area, but in either case, locality is fixed.

SECTION THREEThreats and Coercion

Grave Threats

ART.282

ARTICLE 282. Grave Threats. — Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, shall suffer:1. The penalty next lower in degree than that prescribed by law for the crime he threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed.If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period.2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not have been made subject to a condition.

ACTS PUNISHABLE:1. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful and the offender attained his purpose.2. By making such threat without the offender attaining his purpose.3. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition. .

Aggravating circumstances: (1) if made in writing, or(2) made through a middleman.

The crime is frustrated if the threat was not received by the personbeing threatened.

Threat not made in heat of anger, because such threat would be punished as “Other Light Threats”

Grave threats may be committed by indirect challenge to a gun fight,even if complainant was absent when challenge was made; it is

sufficient that threats came to knowledge of offended party

Threats made in connection with the commission of other crimes areabsorbed by the latter

The offender in grave threats does not demand the delivery on the spot of the money or other personal property asked by him

When consummated: As soon as the threats came to the knowledge of the offended party.

It is not necessary that the offended party was present at the time the threats were made. It is sufficient that the threats came to his knowledge.

Light Threats

ART.283

ARTICLE 283. Light Threats. — A threat to commit a wrong not constituting a crime, made in the manner expressed in subdivision 1 of the next preceding article, shall be punished by arresto mayor.

ELEMENTS:1. That the offender makes a threat to commit a wrong;2. That the wrong does not constitute a crime;3. That there is a demand for money or that other condition is   imposed, even though not unlawful.In light threats, the wrong threatened does not amount to a crime.

Requires that there be a demand of money or that other conditionbe imposed

Blackmailing may be punished under this provision

The harm threatened must not be in the nature of crime and there is a demand for money or any other condition is imposed, even though lawful.

Bond For Good Behavior

ART.284

ARTICLE 284. Bond for Good Behavior. — In all cases falling within the two next preceding articles, the person making the threats may also be required to give bail not to molest the person threatened, or if he shall fail to give such bail, he shall be sentenced to destierro.

WHEN A PERSON IS REQUIRED TO GIVE BAIL BOND1. When he threatens another under the circumstances mentioned in Art. 282.2. When he threatens another under the circumstances mentioned in Art. 283.

The person making the threats under the 2 preceding articles(grave and light threats) may also be required by the courtto give bail conditioned upon the promise not to molest theperson threatened.

Other Light Threats

ART.285

ARTICLE 285. Other Light Threats. — The penalty of arresto menor in its minimum period or a fine not exceeding 200 pesos shall be imposed upon:1. Any person who, without being included in the provisions of the next preceding article, shall threaten another with a weapon, or draw such weapon in a quarrel, unless it be in lawful self-defense.2. Any person who, in the heat of anger, shall orally threaten another with some harm not constituting a crime, and who by subsequent acts shows that he did not persist in the idea involved in his threat, provided that the circumstances of the offense shall not bring it within the provisions of article 282 of this Code.3. Any person who shall orally threaten to do another any harm not constituting a felony.

ACTS PUNISHABLE:1. By threatening another with a weapon, or by drawing a weapon in a quarrel, unless it be in lawful self-defense.2. By orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in the threat.3. By orally threatening another with harm not constituting a felony.

No demand for money or condition involved.

Threat is not deliberate.

Under the first type, the subsequent acts of the offender must showthat he did not persist in the idea involved in the threat.

If the threats are directed to a person who is absent and uttered in atemporary fit of anger, the offense is only other light threats.

Threats which are ordinarily grave threats, if made in the heat of anger, may be other light threats. 

Grave Coercions

ART.286

ARTICLE 286. Grave Coercions. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, without authority of law, shall, by means of violence, prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong.If the coercion be committed for the purpose of compelling another to perform any religious act or to prevent him from so doing, the penalty next higher in degree shall be imposed.

ELEMENTS:1. That a person...a. prevented another from doing something not prohibited by law orb. compel him to do something against his will, be it right or wrong2. Violence, threats or intimidation, either material force or such display of force as would produce intimidation and control of the will.3. Without authority of law

Aggravating circumstances:1. Violation of the exercise of the right of suffrage2. Compelling another to perform a religious act or3. preventing another from exercising such right or from doing such act (as amended by RA. 7890)The crime is not grave coercion when the violence is employed to seize anything belonging to the debtor of the offender. It is light coercion under Art. 287.

Any person who shall use force or intimidation to prevent any member of Congress from attending the meetings thereof, expressing his opinions, or casting his vote is liable under Art. 145.

Any person who, by force, prevents the meeting of a legislative body is liable under Art. 143.

A public officer who shall prevent by means of violence or threats theceremonies or manifestations of any religion is guilty of interruptionof religious worship (Art. 132).

In case of grave coercion where the offended party is being compelled to do something against his will, whether it be wrong or not, the crime of grave coercion is committed if violence or intimidation is employed in order to compel him to do the act.

If a person prohibits another to do an act because the act is a crime,even though some sort of violence or intimidation is employed, it would not give rise to grave coercion.   It may only give rise to threat or physical injuries, if some   injuries are inflicted.

Arises only if the act which the offender prevented another to do isnot prohibited by law or ordinance.

Purpose Of The Law: To enforce the principle that no person may take the law into his hands, and that our government is one of law, not of men.

The thing prevented from execution must not be prohibited by law.Otherwise, there will be no coercion.

Lee v. CA, 201 SCRA 405   Neither the crime of threats nor coercion is committed although the accused, a branch manager of a bank made the complainant sign a withdrawal slip for the amount needed to pay the spurious dollar check she had encashed, and also made her execute an affidavit regarding the return of the amount against her better sense and judgment.

   The complainant may have acted reluctantly and with hesitation, but still, it was voluntary.

Light Coercions

ART.287

ARTICLE 287. Light Coercions. — Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing, but in no case less than 75 pesos.Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from 5 to 200 pesos, or both.

Elements1. Offender must be a creditor;2. He seizes anything belonging to his debtor:

3. The seizure of the thing be accomplished by means of violence   or a display of material force producing intimidation;4. The purpose of the offender is to apply the same to the payment   of the debt.

Any other coercion or unjust vexation

Paragraph 2 of Art. 287 covers unjust vexation. It includes any human conduct which, although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person.

Light coercion under the 1st paragraph of this article will only beunjust vexation if the 3rd element (employing violence or intimidation) is absent

Unjust Vexation is distinguished from grave coercion by the absence of violence.

Other Similar Coercions - Compulsory Purchase Of merchandise And Payment Of Wages By Means Of Tokens

ART.288ARTICLE 288. Other Similar Coercions — (Compulsory Purchase of Merchandise and Payment of Wages by Means of Tokens). — The penalty of arresto mayor or a fine ranging from 200 to 500 pesos, or both, shall be imposed upon any person, agent or officer of any association or corporation who shall force or compel, directly or indirectly, or shall knowingly permit any laborer or employee employed by him or by such firm or corporation to be forced or compelled, to purchase merchandise or commodities of any kind.The same penalties shall be imposed upon any person who shall pay the wages due a laborer or employee employed by him, by means of tokens or objects other than the legal tender currency of the Philippine Islands, unless expressly requested by the laborer or employee.

ACTS PUNISHED:1. By forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him.2. By paying the wages due his laborer or employee by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee.

ELEMENTS OF NO. 1:1. That the offender is any person, agent or officer of any association or corporation.2. That he or such firm or corporation has employed laborers or employees3. That he forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise or commodities of any kind from him or from said firm or corporation.

ELEMENTS OF NO. 2:1. That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects2. That those tokens or objects are other than the legal tender currency of the Philippines.3. That such employee or laborer does not expressly request that  he be paid by means of tokens or objects

General rule: wages shall be paid in legal tender and the use oftokens, promissory notes, vouchers, coupons or any other formsalleged to represent legal tender is absolutely prohibited evenwhen expressly requested by the employee. (Section 1, Rule VIII,Book III, Omnibus Rules Implementing the Labor Code)

No employer shall limit or otherwise interfere with the freedomof any employee to dispose of his wages. He shall not in anymanner force, compel, oblige his employees to purchasemerchandise, commodities or other property from the employer orfrom any other person. (Art. 112, Labor Code.)

Formation, Maintenance, And Prohibition Of Combination Of Capital Or Labor Through Violence Or Threats

ART.289

ARTICLE 289. Formation, Maintenance and Prohibition of Combination of Capital or Labor Through Violence or Threats. — The penalty of arresto mayor and a fine not exceeding 300 pesos shall be imposed upon any person who, for the purpose of organizing, maintaining or preventing coalitions of capital or labor, strike of laborers or lock-out of employees, shall employ violence or threats in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work, if the act shall not constitute a more serious offense in accordance with the provisions of this Code.

ELEMENTS:1. That the offender employs violence or threats, in such a degree   as to compel or force the laborers or employers in the free and   legal exercise of their industry or work; and2. That the purpose is to organize, maintain or prevent coalitions   of capital or labor, strike of laborers or lockout of employees.3. If the act shall not constitute a more serious offense.

The act should not be a more serious offense. If death or someserious physical injuries are caused in an effort to curtail the exercise of the rights of the laborers and employers, the act should be punished in accordance with the other provisions of the Code.

Peaceful picketing is not prohibited.

Threats made or violence employed by picketers may make them liable for coercion.

CHAPTER THREEDiscovery and Revelation of Secrets

Discovering Secrets Through Seizure Of Correspondence

ART.290

ARTICLE 290. Discovering Secrets Through Seizure of Correspondence. — The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon any private individual who in order to discover secrets of another, shall seize his papers or letters and reveal the contents thereof.If the offender shall not reveal such secrets, the penalty shall be arresto mayor and a fine not exceeding 500 pesos.This provision shall not be applicable to parents, guardians, or persons entrusted with the custody of minors with respect to the papers or letters of the children or minors placed under their care or custody, nor to spouses with respect to the papers or letters of either of them.ELEMENTS:1. That the offender is a private individual or even a public officer not in the exercise of his official function;2. That he seizes the papers or letters of another;3. That the purpose is to discover the secrets of such another person; and4. That offender is informed of the contents or the papers or letters seized.

This article is not applicable to parents with respect to their minor children or to spouses with respect to the papers or letters of either of them.

Contents of the correspondence need not be secret. The purpose of the offender prevails.

Qualifying circumstance: When the offender reveals the contents of such papers or letters to a 3rd person.

This article does not require that the offended party be prejudiced.

This is a crime against the security of one’s papers and effects.The purpose must be to discover its effects. The act violates the privacy of communication.

According to Ortega, it is not necessary that the offender shouldactually discover the contents of the letter. Reyes, citingPeople v. Singh, CA, 40 OG, Suppl. 5, 35, believes otherwise.

The last paragraph of Article 290 expressly makes the provision of the first and second paragraph thereof inapplicable to parents,guardians, or persons entrusted with the custody of minors placedunder their care or custody, and to the spouses with respect to the papers or letters of either of them. The teachers or other persons entrusted with the care and education of minors are included in the exceptions.

Distinction from estafa, damage to property, and unjust vexation:   - If the act had been executed with intent of gain, it would     be estafa;     - If, on the other hand, the purpose was not to defraud, but     only to cause damage to another’s, it would merit the     qualification of damage to property;     - If the intention was merely to cause vexation preventing     another to do something which the law does not prohibit or     compel him to execute what he does not want, the act should     be considered as unjust vexation.

Revealing Secrets With Abuse Of Office

ART.291

ARTICLE 291. Revealing Secrets With Abuse of Office. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any manager, employee, or servant who, in such capacity, shall learn the secrets of his principal or master and shall reveal such secrets.

ELEMENTS:1. That the offender is a manager, employee or servant;2. That he learns the secrets of his principal or master in such   capacity; and3. That he reveals such secrets.

Damage is not required by this article.

An employee, manager, or servant who came to know of the secret of his master or principal in such capacity and reveals the same shallalso be liable regardless of whether or not the principal or mastersuffered damages.

Essence of this crime is that the offender learned of the secret inthe course of his employment. He is enjoying a confidential relationwith the employer or master so he should respect the privacy ofmatters personal to the latter.

If the matter pertains to the business of the employer or master,damage is necessary and the agent, employee or servant shallalways be liable. Reason: no one has a right to the personal privacyof another.

Revelation Of Industrial Secrets

ART.292ARTICLE 292. Revelation of Industrial Secrets. — The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon the person in charge, employee or workman of any manufacturing or industrial establishment who, to the prejudice of the owner thereof, shall reveal the secrets of the industry of the latter.

ELEMENTS:1. That the offender is a person in charge, employee or workman   of a manufacturing or industrial establishment;2. That the manufacturing or industrial establishment has a secret   of the industry which the offender has learned;3. That the offender reveals such secrets; and4. That prejudice is caused to the owner.

Prejudice is an essential element of this offense

Secrets must relate to manufacturing processes.

The act constituting the crime is revealing the secret of theindustry which the offender has learned.

The revelation of the secret might be made after the employeeor workman had ceased to be connected with the establishment.

TITLE TENCrimes Against Property

CHAPTER ONERobbery in General

Who Are Guilty Of RobberyART.293

ARTICLE 293. Who are Guilty of Robbery. — Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence against or intimidation of any person, or using force upon anything, shall be guilty of robbery.

ELEMENTS of robbery IN GENERAL:1. That there be personal property belonging to another   (bienes muebles)2. That there is unlawful taking of that property   (apoderamiento or asportacion3. That the taking must be with intent to gain;   (animus lucrandi)4. That there is violence against or intimidation of any person, or force upon anything.

Person from whom property was taken need not be the owner.Legal possession is sufficient.

General rule: The identity of the real owner is not essential so long as the personal property taken does not belong to the accused. Exception: If the crime is robbery with homicide

The taking of personal property must be unlawful in order to constitute robbery. If the property is in the possession of the offender because it was given to him in trust by the owner, the crime is estafa.

If taking was lawful, then misappropriated after possession crimemay be malversation, (estafa)

As to robbery w/ violence or intimidation, from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is complete.

As to robbery w/ force upon things, thing must be taken out of the building in order to consummate robbery.

Intent to gain is presumed from unlawful taking of personal property.

The unlawful taking must not be under the claim of title or ownership.

When there is no intent to gain but there is violence in the taking, the crime is grave coercion.

The violence or intimidation must be committed against the personof the offended party, not upon the thing taken.

General rule: Violence or intimidation must be present beforethe “taking” is complete.

Exception: When violence results in homicide, rape, intentionalmutilation or any of the serious physical injuries in paragraphs 1 and 2 of Art. 263 (Serious Physical injuries), the taking of the property is robbery complexed w/ any of these crimes under Art. 294, even if the taking is already complete when violence was used by the offender.

Use of force upon things is entrance to the building by meansdescribed in Arts. 299 and 302.

When both violence or intimidation and force upon things concur in committing the crime, it is robbery w/ violence against persons.

If not personal property but real property or rights crime may be usurpation

Theft, not robbery, where accused cut with bolo the strings tying opening of a sack and then took the palayRA 6539 is applicable when property taken in robbery is a motorvehicle (Carnapping: taking with intent to gain of motor vehiclebelonging to another without the latter’s consent, or by meansof violence against or intimidation of persons or by using forceupon things; Unqualified -14years and 8 months to 17 years and4 months; violence/force upon things -17 years and 4 months to30 years; occupant killed or raped – reclusion perpetua to death)

PEOPLE vs. BOCALAN, G.R. No. 141527. 9/4/03For the appellant to be guilty of consummated robbery, there mustbe incontrovertible proof that property was taken from the victim.The appellant is guilty of attempted robbery only when he commences the commission of robbery directly by overt acts and does not perform all the acts of execution which would produce robbery by reason of some causes or accident other than his own spontaneous desistance.

    Robbery            Grave Threats           Grave Coercion

SECTION ONERobbery with Violence Against or Intimidation of Persons

Robbery With Violence Against Or Intimidation Of PersonsART.294.

ARTICLE 294. Robbery with Violence Against or Intimidation of Persons — Penalties. — Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:1. The penalty of reclusión perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed.2. The penalty of reclusión temporal in its medium period to reclusión perpetua, when the robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of article 263 shall have been inflicted, or the person robbed shall have been held for ransom or deprived of his liberty for more than one day.3. The penalty of reclusión temporal, when by reason or on occasion of the robbery, any of the physical injuries penalized in subdivision 2 of the article mentioned in the next preceding paragraph, shall have been inflicted.4. The penalty of prisión mayor in its medium period to reclusión temporal in its medium period, if the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when in the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 of said Article 263.

5. The penalty of prisión correccional to prisión mayor in its medium period in other cases.

ACTS PUNISHED AS ROBBERY WITH VIOLENCE AGAINST ORINTIMIDATION OF PERSONS:1. When by reason or on occasion of the robbery, homicide is committed;2. When the robbery is accompanied w/ rape or intentional mutilation or arson;3. When by reason or on occasion of robbery, any of the physical injuries resulting in insanity, imbecility, impotency, or blindness is inflicted;4. When by reason of or on occasion of the robbery, serious physical injuries resulting in the loss of the use of speech, or the power to hear or to smell, or the loss of an eye, hand, foot, arm, leg, or the loss of the use of any such member or incapacity for work in w/c victim is habitually engaged is inflicted;5. If the violence / intimidation employed in committing the robbery shall have been carried to a degree clearly unnecessary for the crime;6. When in the course of its execution, offender inflicts upon any person not responsible for the commission of robbery any of the physical injuries resulting to deformity, loss of any part of the body or the use thereof, or illness or incapacity for the performance of the work for > 90 days or > 30 days;7. If the violence employed does not cause any serious physical injuries defined in Art. 263, or if offender employs intimidation only

SPECIAL COMPLEX CRIMES WITH SPECIFIC PENALTIES PRESCRIBED:

1. Robbery with homicide is committed if original design is robbery and homicide was committed although homicide precedes the robbery by an appreciable time. If original design is not robbery but robbery was committed after homicide as an afterthought, offender committed 2 separate offenses of robbery and homicide. The crime is still robbery with homicide if the person killed was an innocent bystander and not the person robbed and even if the death supervened by mere accident.

2. In robbery with rape, the intent to commit robbery must precede rape. Prosecution of the crime need not be by the offended party and the fiscal can sign the information. When rape and homicide co-exist in a robbery, rape should be considered as aggravating only and the crime is still robbery with homicide.

3. Robbery with intimidation is committed when the acts done by the accused, by their own nature or by reason of the circumstances, inspire fear in the person against whom the acts are directed.

The crime defined in this article is a special complex crime.

The violence must be against the person of the offended party, notupon the thing taken. It must be present before the taking of personal property is complete.

Exception: When the violence results in:(1) homicide,(2) rape,(3) intentional mutilation, or(4) any of the serious physical injuries penalized in paragraphs 1 & 2 of Art. 263,

- the taking of personal property is robbery complexed with any of those crimes under Art. 294,- even if the taking was already complete when the violence was used by the offender.

There is no crime as robbery with murder.

The crime is still robbery with homicide if, in the course of therobbery, a person was killed even if it was another robber or a bystander.

Even if the rape was committed in another place, it is still robberywith rape.

When the taking of personal property of a woman is an independent act following defendant’s failure to consummate the rape, there are two distinct crimes committed: attempted rape and theft.

Additional rapes committed on the same occasion of robbery will notincrease the penalty.

When rape and homicide co-exist in the commission of robbery, the crime is robbery with homicide, the rape to be considered as an aggravating circumstance only.

Absence of intent to gain will make the taking of personal property grave coercion if there is violence used (Art. 286).

PEOPLE vs. COMILING, G.R. No. 140405. 3/4/04As correctly stressed by the Solicitor General, robbery with homicideis a “special complex crime.” It is enough that in order to sustain aconviction for this crime, the killing, which is designated as “homicide,” has a direct relation to the robbery, regardless of whether the latter takes place before or after the killing. For as long as the killing occurs during or because of the heist, even if the killing

is merely accidental, robbery with homicide is committed.

PEOPLE vs. BOLINGET, G.R. Nos. 137949-52. 12/11/03Well entrenched in this jurisprudence is the doctrine that when homicide takes place as a consequence or on occasion a robbery, allthose who took part in the robbery are guilty as principals in thespecial complex crime of robbery with homicide, even if they did notactually took part in the homicide. The only exception is when it isclearly shown that the accused endeavored to prevent the unlawful killing.PEOPLE vs. HIJADA, G.R. No. 123696. 311/04There is no crime of Robbery with Multiple Homicide under the Revised Penal Code. The crime is Robbery with Homicide notwithstanding the number of homicides committed on the occasion of the robbery and even if murder, physical injuries and rape were also committed on the same occasion.

NAPOLIS V.CA (1972)1. If both violence/intimidation of persons (294) and force upon things(299/302) exist it will be considered as violation of Art 294 because it is more serious than in Art 299/302.2. BUT when robbery is under Art 294 par 4 & 5 the penalty is lower than in Art 299 so the complex crime should be imputed for the higher penalty to be imposed without sacrificing the principle that robbery w/ violence against persons is more severe than that w/ force upon things

PEOPLEV. MILLIAN (2000)When taking of victims gun was to prevent the victim from retaliating crimes are theft and homicide not robbery w/homicide

Robbery With Physical Injuries Committed In An Uninhabited Place And By A Band, Or With The Use Of firearm On The Street, Road Or AlleyART.295

ARTICLE 295. Robbery with Physical Injuries, Committed in an Uninhabited Place and by a Band. — If the offenses mentioned in subdivisions 3, 4, and 5 of the next preceding article shall have been committed in an uninhabited place and by a band, or by attacking a moving train, street car, motor vehicle or airship, or by entering the passenger’s compartments in a train or, in any manner, taking the passengers thereof by surprise in the respective conveyances, the offender shall be punished by the maximum period of the proper penalties.In the same cases, the penalty next higher in degree shall be imposed upon the leader of the band.

QUALIFYING CIRCUMSTANCES IN ROBBERY WITH VIOLENCE OR INTIMIDATION OF PERSONS:

If any of the offenses defined in subdivisions 3, 4 and 5 of Art. 294is committed -1. in an uninhabited place, or2. by a band, or3. by attacking a moving train, street car, motor vehicle or airship, or4. by entering the passenger’s compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances, or5. on a street, road, highway or alley and the intimidation is made with the use of firearms.

The qualifying circumstances of robbery with violence or intimidationmust be alleged in the information and proved during the trial.

Being qualifying circumstances, they cannot be offset by genericmitigating circumstances.

This article will not apply to the special complex crimes ofrobbery w/ homicide, w/ rape, or w/ serious physical injuries underparagraph 1 of Art. 263.

It cannot be offset by a generic mitigating circumstance.

The intimidation with the use of firearm qualifies only robbery on astreet, road, highway, or alley.

Definition Of A Band And Penalty Incurred By Members ThereofART.296

ARTICLE 296. Definition of a Band and Penalty Incurred by the Members Thereof . — When more than three armed malefactors take part in the commission of a robbery, it shall be deemed to have been committed by a band (cuadrilla).Any member of a band who is present at the commission of a robbery in an uninhabited place and by a band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same.

When at least four armed malefactors take part in the commission ofa robbery, it is deemed committed by a band.

Requisites for liability for the acts of the other members of the band:1. That the accused was a member of the band;2. That he was present at the commission of a robbery by that band;

3. That the other members of the band committed an assault; and4. That he did not attempt to prevent the assault.

Conspiracy is presumed when 4 or more armed persons committed robbery.

In robbery committed by a band, all are liable for any assault committed by the band, unless the others attempted to prevent the assault.

There is no crime as “robbery with homicide in band”. Band is onlyordinary aggravating circumstance in robbery w/ homicide

People V. Apduhan1. In order that special aggravating circumstance of unlicensed firearm be appreciated it is condition sine qua non that offense charged be robbery by a band under Art 295.2. Pursuant to Art 295, the circumstance of a band is qualifying only in robbery under par 3, 4 &5 of Art 294. Thus Art. 295 does not apply to robbery with homicide, or robbery with rape, or robbery with serious physical injuries under par. 1 of Art. 263.3. So special aggravating circumstance of unlicensed firearm is inapplicable to robbery w/ homicide robbery with rape, or robbery with physical injuries, committed by a band

Attempted Or Frustrated Robbery With HomicideART.297

ARTICLE 297. Attempted and Frustrated Robbery Committed Under Certain Circumstances. — When by reason or on occasion of an attempted or frustrated robbery a homicide is committed the person guilty of such offenses shall be punished by reclusión temporal in its maximum period to reclusión perpetua, unless the homicide committed shall deserve a higher penalty under the provisions of this Code.

Same penalty, whether robbery is attempted or frustrated, as longis homicide is committed by reason or on occasion thereof.

Where the offense is attempted or frustrated robbery with seriousphysical injuries, Art. 48 (complex crimes) is applicable.

Homicide - includes multiple homicides, murder, parricide, or eveninfanticide.

The penalty is the same, whether robbery is attempted or frustrated.

Robbery with homicide and attempted or frustrated robbery withhomicide are special complex crimes, not governed by Art. 48, butby the special provisions of Arts. 294 & 297, respectively.

There is only one crime of attempted robbery with homicide evenif slight physical injuries were inflicted on other persons on theoccasion or by reason of the robbery.

Execution Of Deeds By Means Of Violence Or IntimidationART.298

ARTICLE 298. Execution of deeds by means of violence or intimidation. — Any person who, with intent to defraud another, by means of violence or intimidation, shall compel him to sign, execute or deliver any public instrument or document, shall be held guilty of robbery and punished by the penalties respectively prescribed in this Chapter.

ELEMENTS:1. That the offender has intent to defraud another;2. That the offender compels him to sign, execute, or deliver any   public instrument or document; and3. That the compulsion is by means of violence or intimidation.

This article is not applicable if the document is void.

Applies even if document signed, executed or delivered is a privateor commercial document.

If the violence resulted in the death of the person to be defrauded,crime is robbery with homicide and shall be penalized underArt 294 par. 1.

Art. 298 applies to private or commercial document.

Art. 298 is not applicable if the document is void.

When the offended party is under obligation to sign, execute ordeliver the document under the law, it is not robbery but coercion

SECTION TWORobbery by the Use of Force Upon Things

Robbery In An Inhabited House Or Public Building Or Edifice Devoted To WorshipART.299

ARTICLE 299. Robbery in an Inhabited House or Public Building or Edifice Devoted to Worship. — Any armed person who shall commit robbery in an inhabited house or public building or edifice devoted to religious worship, shall be punished by prisión mayor in its medium period to reclusión temporal in its minimum period, if the value of the property taken shall exceed 250 pesos, and if —(a) The malefactors shall enter the house or building in which the robbery was committed, by any of the following means:1. Through an opening not intended for entrance or egress;2. By breaking any wall, roof, or floor or breaking any door or window;3. By using false keys, picklocks or similar tools;4. By using any fictitious name or pretending the exercise of public authority;or if —(b) The robbery be committed under any of the following circumstances:1. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle;2. By taking such furniture or objects away to be broken or forced open outside the place of the robbery.When the offenders do not carry arms, and the value of the property taken exceeds 250 pesos, the penalty next lower in degree shall be imposed.The same rule shall be applied when the offenders are armed, but the value of the property taken does not exceed 250 pesos.When said offenders do not carry arms and the value of the property taken does not exceed 250 pesos, they shall suffer the penalty prescribed in the two next preceding paragraphs, in its minimum period.If the robbery be committed in one of the dependencies of an inhabited house, public building, or building dedicated to religious worship, the penalties next lower in degree than those prescribed in this article shall be imposed.

ELEMENTS of robbery with force upon things under subdivision (a):1. That the offender entered   (a) an inhabited house, or   (b) public building, or   (c) edifice devoted to religious worship;2. That the entrance was effected by any of the following means:a. Through an opening not intended for entrance or egress,b. By breaking any wall, roof, or floor or breaking any door or window,c. By using false keys, picklocks or similar tools, ord. By using any fictitious name or pretending the exercise of public authority; and3. That once inside the building, the offender took personal property belonging to another with intent to gain.

Inhabited house is any shelter, ship or vessel constituting the dwelling of one or more person even though temporarily absent therefrom when robbery is committed. It includes dependencies, courts, corals, barns, etc. It does not include orchards and lands for cultivation.

Public building - every building owned by the Government or belonging to a private person but used or rented by the Government, although temporarily unoccupied by the same.

Breaking - means entering the building. The force used in this meansmust be actual, as distinguished from that in the other means which is only constructive force.

In robbery by use of force upon things, it is necessary that offenderenters the building or where object may be found. When there was no entry, no robbery was committed.

Whole body must be inside the house, public building or place devoted to worship to constitute entering.

Passing through an open door but getting out of a window is not robbery but theft.

To constitute robbery, the outside door must be broken or smashed. If the lock was merely removed or door was merely pushed, crime isonly theft.

False keys are genuine keys stolen from the owner or any keys otherthan those intended by the owner for use in the lock w/c was forciblyopened by the offender.

Picklocks are those specially adopted for commission of the robbery.

The key must have been stolen not by force. Otherwise, it’s robberyby violence and intimidation against persons.

False key must have been used in opening house and not any furniture inside. Otherwise, the crime is only theft.

General Rule: If false key/picklock was used to open an inside door(Ex. door of a room) and offender took personal property, the crimeis only theft.

Exception: If the room is a separate dwelling place, crime is robbery.

The use of fictitious name or the act of pretending to exerciseauthority must be committed for the purpose of entering the building.

ELEMENTS of robbery with force upon things under

subdivision (b):1. That the offender is inside a dwelling house, public building, or   edifice devoted to religious worship, regardless of the   circumstances under which he entered it; and2. That the offender takes personal property belonging to another   with intent to gain, under any of the following circumstances:   a. by the breaking of doors, wardrobes, chests, or any other kind      of locked or sealed furniture or receptacle, or   b. by taking such furniture or objects away to be broken or forced      open outside the place of the robbery.

It is not necessary that entrance was made through any of the means mentioned in subdivision (a).

Offender may be servants or guests.

Destruction of keyhole of cabinet is robbery under this subsection.

When sealed box is taken out for the purpose of breaking it, crime isalready consummated robbery. There is no need to actually open itinside the building from where it was taken.

But if the box was confided into the custody of accused and he takesthe money contained therein, the crime is estafa.

The crime is theft if the box was found outside of the building andthe accused forced it open.Mitigating circumstance:1. Offenders do not carry arms and the value of the property taken   exceeds 250 pesos.2. Offenders are armed, but the value does not exceed 250 pesos.3. Offenders do not carry arms and the value does not exceed 250   pesos penalty of a) or b) in minimum period.4. Committed in dependencies

People vs. TayagIn entering the building, the offender must have an intention to takepersonal property  Public building includes every building owned,rented or used by the government although owned by private persons or temporarily vacant.

Illustration: If the culprit had entered the house through an open door, and theowner, not knowing that the culprit was inside, closed and lockedthe door from the outside and left, and the culprit, after takingpersonal property in the house, went out through the window, it isonly theft, not robbery.

The penalty depends on the value of property taken and on whetheror not offender carries arm.

Robbery In An Uninhabited Place By A BandART.300

ARTICLE 300. Robbery in an Uninhabited Place and by a Band. — The robbery mentioned in the next preceding article, if committed in an uninhabited place and by a band, shall be punished by the maximum period of the penalty provided therefor.

Robbery in an inhabited house, public building or edifice devoted to religious worship is qualified when committed by a band and in an uninhabited place.

Robbery in an inhabited house, public building or edifice to religious worship is qualified when committed by a band and located in an uninhabited place.

To qualify Robbery w/ force upon things (Art 299):It must be committed in uninhabited place AND by a band (Art 300)

To qualify Robbery with violence against or intimidation:It must be committed in an uninhabited place OR by a band (Art. 295)

What Is An Inhabited House, Public Building Or Building dedicated To Religious Worship And Their DependenciesART.301

ARTICLE 301. What is an Inhabited House, Public Building or Building Dedicated to Religious Worship and Their Dependencies. — Inhabited house means any shelter, ship or vessel constituting the dwelling of one or more persons, even though the inhabitants thereof shall temporarily be absent therefrom when the robbery is committed.All interior courts, corrals, warehouses, granaries, barns, coach-houses, stables or other departments or inclosed places contiguous to the building or edifice, having an interior entrance connected therewith, and which form part of the whole, shall be deemed dependencies of an inhabited house, public building or building dedicated to religious worship.Orchards and other lands used for cultivation or production are not included in the terms of the next preceding paragraph, even if closed, contiguous to the building and having direct connection therewith.The term “public building” includes every building owned by the Government or belonging to a private person but used or rented by the Government, although temporarily unoccupied by the same.

Dependencies of an inhabited house, public building or buildingdedicated to religious worship are all interior courts, corrals,warehouses, granaries or enclosed places:1. contiguous to the building, having an interior entrance connected   therewith, and2. forming part of the whole.

A garage, in order to be considered as a dependency of a house, must have the 3 foregoing requirements.

The place is still inhabited even if the occupant was absent.

Dependencies - all interior courts, corrals, warehouses, granariesor in closed places contiguous to the building or edifice, havingan interior entrance connected therewith, and which form part ofthe whole (Art.301, par. 2).

         Requisites:      1. Must be contiguous to the building;      2. Must have an interior entrance connected therewith;      3. Must form part of the whole.

Orchards and lands used for cultivation or production are notincluded in the term “dependencies” (Art. 301, par. 3).

Robbery In An Uninhabited Place Or In A Private buildingART.302

ARTICLE 302. Robbery in an Uninhabited Place or in a Private Building. — Any robbery committed in an uninhabited place or in a building other than those mentioned in the first paragraph of article 299, if the value of the property taken exceeds 250 pesos, shall be punished by prisión correccional in its medium and maximum periods provided that any of the following circumstances is present:1. If the entrance has been effected through any opening not intended for entrance or egress.2. If any wall, roof, floor or outside door or window has been broken.3. If the entrance has been effected through the use of false keys, picklocks or other similar tools.4. If any door, wardrobe, chest, or any sealed or closed furniture or receptacle has been broken.5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been removed, even if the same be broken open elsewhere.When the value of the property taken does not exceed 250 pesos, the penalty next lower in degree shall be imposed.In the cases specified in articles 294, 295, 297, 299, 300, and 302 of this Code, when the property taken is large cattle, the offender shall suffer the penalties next higher in degree than those provided in said articles.

ELEMENTS:1. That the offender entered an uninhabited place or a building which   was not a dwelling house, not a public building, or not an edifice   devoted to religious worship;2. That any of the following circumstances was present:   a. That entrance was effected through an opening not intended for      entrance or egress,   b. A wall, roof, floor, or outside door or window was broken,   c. The entrance was effected through the use of false keys,      picklocks or other similar tools,   d. A door, wardrobe, chest, or any sealed or closed furniture or      receptacle was broken; or   e. A closed or sealed receptacle was removed, even if the same be      broken open elsewhere; and3. That with intent to gain, the offender took therefrom personal   property belonging to another.

This article covers the second kind of robbery with force upon things.

Uninhabited place under this article is an uninhabited building w/cis not a dwelling house, public building, or edifice for worship.Ex. warehouse, freight car, store.

Robbery under this article is committed in the same manner as inArt. 299 (Robbery in inhabited house, public building, and edificedevoted to religious worship) except that what was entered into wasan uninhabited place or a bldg. other than the 3 mentioned inArt. 299. The use of fictitious name or pretending the exercise ofpublic authority is not also included in this article.

The breaking of padlock but not of the door is only theft.

Building - includes any kind of structure used for storage orsafekeeping of personal property, such as (a) freight car ad(b) warehouse.

Entrance through an opening not intended for entrance or egressis not necessary, if there is breaking of wardrobe, chest, orsealed or closed furniture or receptacle, or removal thereof to bebroken open elsewhere.

Breaking padlock is use of force upon things.

Use of fictitious name or pretending the exercise of publicauthorities is not covered under this article.

The receptacle must be “closed” or “sealed”.

Penalty is based only on value of property taken.

Robbery Of Cereals, Fruits, Or Firewood In An Uninhabited Place Or Private BuildingART.303

ARTICLE 303. Robbery of Cereals, Fruits, or Firewood in an Uninhabited Place or Private Building. — In the cases enumerated in articles 299 and 302, when the robbery consists in the taking of cereals, fruits, or firewood, the culprit shall suffer the penalty next lower in degree than that prescribed in said articles.

When the robbery described in Arts. 299 and 302 consists in the taking of cereals, fruits, or firewood, the penalty is one degree lower.

The penalty is one degree lower

The palay must be kept by the owner as “seedling” or takenfor that purpose by the robbers.

Illegal Possession Of Picklocks Or Similar ToolsART.304

ARTICLE 304. Possession of Picklocks or Similar Tools. — Any person who shall without lawful cause have in his possession picklocks or similar tools especially adapted to the commission of the crime of robbery, shall be punished by arresto mayor in its maximum period to prisión correccional in its minimum period.The same penalty shall be imposed upon any person who shall make such tools. If the offender be a locksmith, he shall suffer the penalty of prisión correccional in its medium and maximum periods.

ELEMENTS:1. That the offender has in his possession picklocks or similar tools;2. That such picklocks or similar tools are specially adopted to   the commission of robbery; and3. That the offender does not have lawful cause for such possession.

Actual use of the picklocks or similar tools is not necessary.

False KeysART.305

ARTICLE 305. False Keys. — The term “false keys” shall be deemed to include:1. The tools mentioned in the next preceding articles.2. Genuine keys stolen from the owner.3. Any keys other than those intended by the owner for use in the lock forcibly opened by the offender.

FALSE KEYS include:1. picklocks or similar tools,2. genuine keys stolen from the owner; and3. any key other than those intended by owner for use in the lock   forcibly opened by the offender.

Possession of false keys in paragraphs (1) and (2) above is notpunishable.

If the key was entrusted to the offender and he used it to steal,crime is not robbery but theft.

CHAPTER TWOBrigandage

Who Are Brigands: PenaltyART.306

ARTICLE 306. Who are Brigands — Penalty. — When three or more armed persons form a band of robbers for the purpose of committing robbery in the highway, or kidnapping persons for the purpose of extortion or to obtain ransom, for any other purpose to be attained by means of force and violence, they shall be deemed highway robbers or brigands.Persons found guilty of this offense shall be punished by prisión mayor in its medium period to reclusión temporal in its minimum period if the act or acts committed by them are not punishable by higher penalties, in which case, they shall suffer such higher penalties.

There is brigandage when –1. at least four armed persons,2. band of robbers, and3. their purpose is any of the ff:   a. Robbery in the highway   b. Kidnapping for extortion or ransom   c. Any other purpose to be obtained by means of force and violence.

Presumption of law as to brigandage: all are presumed highwayrobbers or brigands, if any of them carries unlicensed firearm.

The arms carried may be any deadly weapon.

The main object of the law is to prevent the formation of band ofrobbers.

The term highway includes city streets.

The following must be proved:1. That there is an organization of more than 3 armed persons    forming a band of robbers2. That the purpose of the band is any of those enumerated in Art. 306.3. That they went upon the highway or roamed upon the country for    that purpose.4. That the accused is a member of such band.

Aiding And Abetting A Band Of BrigandsART.307

ARTICLE 307. Aiding and Abetting a Band of Brigands. — Any person knowingly and in any manner aiding, abetting or protecting a band of brigands as described in the next preceding article, or giving them information of the movements of the police or other peace officers of the Government or of the forces of the United States Army, when the latter are acting in aid of the Government, or acquiring or receiving the property taken by such brigands, shall be punished by prisión correccional in its medium period to prisión mayor in its minimum period.It shall be presumed that the person performing any of the acts provided in this article has performed them knowingly, unless the contrary is proven.

ELEMENTS:1. That there is a band of brigands;2. That the offender knows the band to be of brigands; and3. That the offender does any of the following acts:   a. he in any manner aids, abets or protects such band of brigands, or   b. he gives them information of the movements of the police or other peace officers of the Government, or   c. he acquires or receives the property taken by such brigands.

P. D. No. 532 defines brigandage as the seizure of any person for:(a) ransom;(b) extortion or other unlawful purpose; or(c) the taking away of property by violence or intimidation or    force upon things or other unlawful means, committed by    any person on any Philippine highway.

The Anti-Carnapping Act defines carnapping as the taking, with intent to gain, of a motor vehicle belonging to another without the latter’s consent, or by means of violence against or intimidation of

persons, or by using force upon things. This law also penalizes the defacing or tampering with the original serial number of motor vehicle engines, engine blocks, and chassis.

It is presumed that the person performing any of the acts provided in this article has performed them knowingly, unless the contrary isproven.

Any person who aids or protects highway robbers or abets the commission of highway robbery or brigandage shall be considered as an accomplice.

CHAPTER THREETheft

TheftART.308

ARTICLE 308. Who are Liable for Theft. — Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent.Theft is likewise committed by:1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner;2. Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm products.

ELEMENTS:1. That there be taking of personal property;2. That said property belongs to another;3. That the taking be done with intent to gain;4. That the taking be done without the consent of the owner; and5. That the taking be accomplished without the use of violence   against or intimidation of persons or force upon things.

Theft: committed by any person who, with intent to gain but withoutviolence against or intimidation of persons nor force upon things,shall take personal property of another without the latter’s consent.

Taking - if bulky, must be taken away (when place surrounded byfence or wall), otherwise, the moment he had full possession ofthing, asportation is complete; does not need a character ofpermanency

Intent to Gain – taking must be accompanied by intention, at thetime of taking, of withholding the thing with character of permanency; presumed from unlawful taking of personal property ofanother

Gain desired by the offender may not only be money. It may includesatisfaction, use, pleasure or any benefit; includes satisfaction of taking revenge

It is not required that the offender realized actual gain in committing theft. It is sufficient that he took personal property of another with intent to gain.

Trust, Commission, Administration: Juridical possession of thingtransferred to another

If only custody of object (i.e. only material possession) was givento the accused and it is actually taken by him with no intent toreturn, the crime is theft. But if juridical possession is transferred (Ex., by a contract of bailment) is given to the accused and he takes the property with intent to gain, the crime is estafa.

Personal property: includes electricity and gas, promissory note andcheck. Ex. the inspector misreads the meter to profit thereby, orone using a jumper

Consent: freely given and not merely lack of objection

Allegation in the information of the lack of the owner’s consentis important.

Finder: may be a finder in lawTheft is consummated when the offender is able to place the thingtaken under his control and in such a situation as he could dispose

of it at once (although there is actually no opportunity to dispose).

Servant using his employer’s car without permission is guilty ofqualified theft although his use thereof was only temporary.However, Reyes says that there must be some character ofpermanency in depriving owner of the use of the object and makinghimself the owner. Therefore, “joyride” must be deemed asqualified theft.

An employee taking his salary before it is actually delivered to him is guilty of theft.

If the offender, in good faith, claims property as his own, no theftis committed although his claim of ownership is later found to beuntrue. However, if his claim is in bad faith, he is guilty of theft.

PERSONS LIABLE FOR THEFT:1. Those who:   a. with intent to gain,   b. but w/o violence against or intimidation of persons nor force      upon things   c. take   d. personal property   e. of another   f. w/o the latter’s consent.2. Those who:   a. having found lost property,   b. fail to deliver the same to the local authorities or its owner.

Retention of money/property found is theft. What is punished is retention or failure to return with intent to gain.

The offender’s knowledge of the identity of the owner of the property is not required. His knowledge that the property is lost is enough.

The finder of the lost property is liable for his deliberate failure  to return the lost property, he knowing that the property does not belong to him.

3. Those who:   a. after having maliciously damaged the property of another,   b. remove or make use of the fruits or object of the damage      caused by them.

Killing the cattle of another which destroyed his (offender’s) property and getting meat for himself is theft.

4. Those who hunting, fishing or gathering fruits, etc. in enclosed   estate

ELEMENTS(Par. 3 of Art 308):1. That there is an enclosed estate or a field where trespass is   forbidden or which belongs to another;2. That the offender enters the same;3. That the offender hunts or fishes upon the same or gathers fruits,   cereals or other forest or farm products in the estate or field; and4. That the hunting or fishing or gathering of products is without the   consent of the owner.

The fishing in this article is not in the fishpond or fishery. If the fish is taken from a fishpond or a fishery, the crime is qualified theft.

Valenzuela v. People (June 2007)There is no frustrated theft because of the definition of theft inArt 308. The offender has either complete control of the property(consummated) or without (attempted)

There is “taking” even if the offender received the thing from the offended party.

If juridical possession of thing was transferred as opposed to physical possession and thing was appropriated the crime is ESTAFA not theft

Selling share of a partner or co-owner is not theft.

Employee is not the owner of separation pay which is not actually delivered to him.

Actual or real gain is not necessary in theft. The consent contemplated in the element of theft refers to consent freely given and not mere lack of opposition by owner of the property taken.

It is not robbery when violence is for a reason entirely foreign to the fact of taking.

People v. Gulinao1. Gulinao shot Dr. Chua & left. Then he went back & took Dr. Chua’s   diamond ring.2. The crime was Theft and not robbery as the taking of the ring was   just an afterthought.   Violence used in killing Dr. Chua had no bearing on the taking   of the ring.

   One in possession of part of recently stolen property is presumed   to be thief of all.Lost property - embraces loss by stealing or by act of he owner or by a person other than the owner, or through some casual occurrence.

Penalties For TheftART.309

ARTICLE 309. Penalties. — Any person guilty of theft shall be punished by:1. The penalty of prisión mayor in its minimum and medium periods, if the value of the thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos; but if the value of the thing stolen exceeds the latter amount, the penalty shall be the maximum period of the one prescribed in this paragraph, and one year for each additional ten thousand pesos, but the total of the penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prisión mayor or reclusión temporal, as the case may be.2. The penalty of prisión correccional in its medium and maximum periods, if the value of the thing stolen is more than 6,000 pesos but does not exceed 12,000 pesos.3. The penalty of prisión correccional in its minimum and medium periods, if the value of the property stolen is more than 200 pesos but does not exceed 6,000 pesos.4. Arresto mayor in its medium period to prisión correccional in its minimum period, if the value of the property stolen is over 50 pesos but does not exceed 200 pesos.5. Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed 50 pesos.6. Arresto mayor in its minimum and medium periods, if such value does not exceed 5 pesos.7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the circumstances enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does not exceed 5 pesos. If such value exceeds said amount, the provisions of any of the five preceding subdivisions shall be made applicable.8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the value of the thing stolen is not over 5 pesos, and the offender shall have acted under the impulse of hunger, poverty, or the difficulty of earning a livelihood for the support of himself or his family.

The basis of the penalty in theft is:(1) the value of the thing stolen, and in some cases,(2) the value and also the nature of the property taken, or(3) the circumstances or causes that impelled the culprit to    commit the crime.

If there is no evidence of the value of the property stolen, the court should impose the minimum penalty corresponding to theft involving the value of P5.00. The court may also take judicial notice of its value in the proper cases.

Qualified Theft

ARTICLE 310. Qualified Theft. — The crime of theft shall be punished by the penalties next higher in degree than those respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is large cattle or consists of coconuts, or fish taken from a fishpond or fishery.

Theft is qualified if1. It is committed by a domestic servant, or2. Committed with grave abuse of confidence,or3. The property stolen is a:      a. motor vehicle,      b. mail matter,      c. large cattle,      d. coconut from the premises of a plantation,      e. fish from a fishpond or fishery, or4. Committed on the occasion of calamities, vehicular accident   and civil disturbance.

Grave abuse of confidence - necessitates a high degree of confidence between the offender and the offended party. (Ex. guests). Hence, when there is no confidence b/w the parties, the crime is not qualified theft.

Theft is qualified if it is committed by one who has access to the place where stolen property is kept. (Ex. security guards, tellers)

Novation theory (i.e. the victim’s acceptance of payment convertedthe offender’s liability to a civil obligation) applies only if there is a contractual relationship b/w the accused and the complainant.

When the accused treated the deed of sale as sham and he had intent to gain, his absconding with the object of the sale is qualifiedtheft

When a PUV in “boundary” system entrusted to the offender is sold to another, the crime is theft. On the other hand, if the motor vehicle is not used for public utility in “boundary” system but under contract of lease, the crime is estafa.

The penalty for qualified theft is 2 degrees higher.

Theft by domestic servant is always qualified. There’s no needto prove grave abuse of discretion.The abuse of confidence must be grave. There must be allegationin the information and proof of a relation, by reason of dependence,guardianship or vigilance, between the accused and the offendedparty, that has created a high degree of confidence between them,

which the accused abused.

Theft of any material, spare part, product or article by employeesand laborers is heavily punished under PD 133.

Motor vehicle: all vehicles propelled by power, other than muscular power.

When the purpose of taking the car is to destroy by burning it,the crime is arson.

If a private individual took a letter containing postal money orderit is qualified theft. If it was the postmaster, to whom the letterwas delivered, the crime would be infidelity in the custody ofdocuments.

Theft Of Property Of The National Library And National MuseumART.311

ARTICLE 311. Theft of the Property of the National Library and National Museum. — If the property stolen be any property of the National Library or of the National Museum, the penalty shall be arresto mayor or a fine ranging from 200 to 500 pesos, or both, unless a higher penalty should be provided under other provisions of this Code, in which case, the offender shall be punished by such higher penalty.

Theft of property on National Library and Museum has a fixedpenalty regardless of its value.

Theft of property of the National Museum and National Library hasa fixed penalty regardless of its value. But if it was with graveabuse of confidence, the penalty for qualified theft shall be imposed.

PD 704 ILLEGAL FISHINGPrima facie presumption of illegal fishing when:1) Explosive, obnoxious or poisonous substance or equipment or device for electric fishing are found in the fishing boat or in the possession of fisherman; or2) When fish caught with the use of explosives, obnoxious or poisonous substances or by electricity are found in a fishing boat

PD 533 ANTI-CATTLE RUSTLING LAWCattle rustling: taking away by means, methods or schemes, without the consent of the owner/raiser, of any large cattle whether or not for profit, or whether committed with or without violence against orintimidation of person or force upon things. It includes killing oflarge cattle, taking its meat or hide without the consent ofowner/raiser.

Large cattle: include cow, carabao, horse, mule, ass, otherdomesticated member of bovine family. A goat is not includedbecause it is not large

Presumption: Every person in possession of large cattle shall upon demand by competent authorities exhibit required documents.Failure to do so is prima facie evidence that large cattle inpossession are fruits of crime of cattle rustling

Killing of owner is absorbed in cattle rustling

CHAPTER FOURUsurpation

Occupation Of Real Property Or Usurpation Of Real Rights In PropertyART.312

ARTICLE 312. Occupation of Real Property or Usurpation of Real Rights in Property. — Any person who, by means of violence against or intimidation of persons, shall take possession of any real property or shall usurp any real rights in property belonging to another, in addition to the penalty incurred for the acts of violence executed by him, shall be punished by a fine of from 50 to 100 per centum of the gain which he shall have obtained, but not less than 75 pesos.If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be imposed.

ELEMENTS:1. That the offender takes possession of any real property or usurps any real rights in property;2. That the real property or real rights belong to another;3. That violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property; and4. That there is intent to gain.

Acts punishable under Art. 312:1. Taking possession of any real property belonging to another   by means of violence against or intimidation of persons2. Usurping any real rights in property belonging to another by   means of violence against or intimidation of persons.

If no violence or intimidation only civil liability exists.

Art. 312 does not apply when the violence or intimidation took place subsequent to the entry into the property. Violence or intimidation must be the means used in occupying real property or in usurping real rights.

Art. 312 does not apply to a case of open defiance of the writ of execution issued in the forcible entry case.

Criminal action for usurpation of real property is not a bar to civil action for forcible entry.

RA 947Punishes entering or occupying public agricultural land includinglands granted to private individuals.

Altering Boundaries Or LandmarksART.313

ARTICLE 313. Altering Boundaries or Landmarks. — Any person who shall alter the boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same, shall be punished by arresto menor or a fine not exceeding 100 pesos, or both.

ELEMENTS:1. That there be boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same; and2. That the offender alters said boundary marks.

Art. 313 does not require intent to gain.

The word “alter” may include:a. destruction of stone monumentb. taking it to another placec. removing a fence

The Penalty for this crime is arresto menor or a fine not exceedingP100 or both.

During the fifteenth Congress, a bill was passed to increase theamount of fine to P8,000 but it never became a law. P100fine is too low at this present day.

Chapter FiveCulpable Insolvency

Fraudulent InsolvencyART.314

ARTICLE 314. Fraudulent Insolvency. — Any person who shall abscond with his property to the prejudice of his creditors, shall suffer the penalty of prisión mayor, if he be a merchant, and the penalty of prisión correccional in its maximum period to prisión mayor in its medium period, if he be not a merchant.

ELEMENTS:1. Offender is a debtor; that is, he has obligations due and payable;2. Absconds with his property; and3. Prejudice to his creditors.

Actual prejudice to the creditors is required.

Actual prejudice, not intention alone, is required. Even if the debtor disposes of his property, unless it is shown that it has actually prejudiced his creditor, conviction will not lie.Fraudulent concealment of property is not sufficient if the debtorhas some property with which to satisfy his obligation.

Abscond: does not require that the debtor should depart andphysically conceal his property. Real property could be thesubject matter of Art. 314.

The person prejudiced must be creditor of the offender.

Art 314 - No need to have defendant adjudged bankrupt or insolvent.

Insolvency law - Crime should be committed after the institution ofinsolvency proceedings.

CHAPTER SIXSwindling and Other Deceits

Estafa (Swindling)ART.315

ARTICLE 315. Swindling (Estafa). — Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:1st. The penalty of prisión correccional in its maximum period to prisión mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum

period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prisión mayor or reclusión temporal, as the case may be.2nd. The penalty of prisión correccional in its minimum and medium periods, if the amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos.3rd. The penalty of arresto mayor in its maximum period to prisión correccional in its minimum period, if such amount is over 200 pesos but does not exceed 6,000 pesos; and4th. By arresto mayor in its medium and maximum periods, if such amount does not exceed 200 pesos, provided that in the four cases mentioned, the fraud be committed by any of the following means:1. With unfaithfulness or abuse of confidence, namely:(a) By altering the substance, quantity, or quality of anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration.(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property.(c) By taking undue advantage of the signature of the offended party in blank, and by writing any document above such signature in blank, to the prejudice of the offended party or any third person.2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits.(b) By altering the quality, fineness or weight of anything pertaining to his art or business.(c) By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. In this case, the offender shall be punished by the maximum period of the penalty.(d) By post-dating a check, or issuing such check in payment of an obligation, the offender knowing that at the time he had no funds in the bank, or the funds deposited by him in the bank were not sufficient to cover the amount of the check, and without informing the payee of such circumstances.3. Through any of the following fraudulent means:(a) By inducing another, by means of deceit, to sign any document.(b) By resorting to some fraudulent practice to insure success in a gambling game.(c) By removing, concealing or destroying, in whole or in part, any court record, office files, document or any other papers.

ELEMENTS OF ESTAFA IN GENERAL:1. Defrauded another   (a) by abuse of confidence, or   (b) by means of deceit; and2. That damage or prejudice capable of pecuniary estimation   is caused to the offended party or third person.

3 Ways Of Committing Estafa With Abuse Of Confidence Under Art. 315 Par. (B):1. By misappropriating the thing received.2. By converting the thing received.3. By denying that the thing was received.

Estafa

Other Forms Of SwindlingART.316

ARTICLE 316. Other Forms of Swindling. — The penalty of arresto mayor in its minimum and medium periods and a fine of not less than the value of the damage caused and not more than three times such value, shall be imposed upon:1. Any person who, pretending to be the owner of any real property, shall convey, sell, encumber or mortgage the same.2. Any person who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded.3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person.

4. Any person who, to the prejudice of another, shall execute any fictitious contract.5. Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor.6. Any person who, while being a surety in a bond given in a criminal or civil action, without express authority from the court or before the cancellation of his bond or before being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties with which he guaranteed the fulfillment of such obligation.

1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage the same.2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded.3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person.4. Any person who, to the prejudice of another, shall execute any fictitious contract.5. Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor.6. Any person who, while being a surety in a bond given in a criminal or civil action, without express authority from the court or before the cancellation of his bond or before being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties with which he guaranteed the fulfillment of such obligation.

ELEMENTS OF SWINDLING BY CONVEYING, SELLING, ENCUMBERING, OR MORTGAGING ANY REAL PROPERTY, PRETENDING TO BE THE OWNER OF THE SAME:1. That the thing be immovable, such as a parcel of land or a building;2. That the offender, who is not the owner of said property, represented that he is the owner thereof;3. That the offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging the real property).4. That the act be made to the prejudice of the owner or a third person.

ESTAFA INFIDELITY IN THE CUSTODY OF DOCUMENTS

1. Private individual was entrusted 1. Public Officer Entrusted2. Intent to defraud             2. No Intent to defraud

             The thing disposed of must be real property. If it’s chattel, crime is Estafa.

Even if the deceit is practiced against the second purchaser but damage is incurred by the first purchaser, there is violation of par.1 of Art. 316.

Since the penalty is based on the “value of the damage” there must be actual damage caused.

ELEMENTS of SWINDLING BY DISPOSING OF REAL PROPERTY AS FREE FROM ENCUMBRANCE, ALTHOUGH SUCH ENCUMBRANCE BE NOT RECORDED:1. That the thing disposed of be real property;2. That the offender knew that the real property was encumbered,   whether the encumbrance is recorded or not.3. That there must be express representation by the offender that   the real property is free from encumbrance; and4. That the act of disposing of the real property be made to the   damage of another.

Encumbrance: includes every right or interest in the land which exists in favor of third persons.

The offended party would not have granted the loan had he known that the property was already encumbered.

When the loan had already been granted when defendant offered the property as security for the loan, Art. 316 par. 2 is not applicable.

Usurious loan with equitable mortgage is not an encumbrance on the property.

There must be damage caused. It is not necessary that act prejudice the owner of the land.ELEMENTS of SWINDLING BY WRONGFULLY TAKING BY THE OWNER HIS PERSONAL FROM ITS LAWFUL POSSESSOR:1. That the offender is the owner of personal property;2. That said personal property is in the lawful possession of another;3. That the offender wrongfully takes it from its lawful possessor;and4. That prejudice is thereby caused to the possessor or third person.

US vs Albao     If the owner took the personal property from its lawful possessor without the latter’s knowledge and later charged him with the value of the property, the crime is theft

If the thing is taken by means of violence, without intent to gain, it is not estafa, but grave coercion.

BY EXECUTING ANY FICTITIOUS CONTRACT TO THE PREJUDICE OF ANOTHERIllustration:A person who simulates a conveyance of his property to another, to defraud his creditors. If the conveyance is real and not simulated, the crime is fraudulent insolvency.

BY ACCEPTING ANY COMPENSATION FOR SERVICES NOT RENDERED OR FOR LABOR NOT PERFORMEDElements:1. Accepting a compensation given to accused for service not   rendered2. Malicious failure to return the compensation wrongfully   received (fraud)

There must be fraud otherwise it will only be solution indebiti, with civil obligation to return the wrong payment.

If the money in payment of a debt was delivered to a wrong person, Art. 316 par 5 is not applicable, in case the person who received it later refused or failed to return it to the owner of the money. Art. 315 subdivision 1(b) is applicable.

ELEMENTS of SWINDLING BY SELLING, MORTGAGING OR ENCUMBERING REAL PROPERTY OR PROPERTIES WITH WHICH THE OFFENDER GUARANTEED THE FULFILLMENT OF HIS OBLIGATION AS SURETY:1. That the offender is a surety in a bond given in a criminal   or civil action;2. That he guaranteed the fulfillment of such obligation with   his real property or properties;3. That he sells, mortgages, or, in any other manner encumbers   said real property;4. That such sale, mortgage or encumbrance is   (a) without express authority from the court, or   (b) made before the cancellation of his bond, or   (c) before being relieved from the obligation contracted by him.

     

Swindling A MinorART.317

ARTICLE 317. Swindling a Minor. — Any person who, taking advantage of the inexperience or emotions or feelings of a minor, to his detriment, shall induce him to assume any obligation or to give any release or execute a transfer of any property right in consideration of some loan of money, credit or other personal property, whether the loan clearly appears in the document or is shown in any other form, shall suffer the penalty of arresto mayor and a fine of a sum ranging from 10 to 50 per cent of the value of the obligation contracted by the minor.

ELEMENTS:1. That the offender takes advantage of the inexperience or   emotions or feelings of a minor;2. That he induces such minor   (a) to assume an obligation, or   (b) to give release, or   (c) to execute a transfer of any property right;3. That the consideration is   (a) some loan of money,   (b) credit or   (c) other personal property; and4. That the transaction is to the detriment of such minor.

Real property is not included since a minor cannot convey real property without judicial authority.

Other DeceitsART.318

ARTICLE 318. Other Deceits. — The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the preceding articles of this chapter.Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of the credulity of the public in any other similar manner, shall suffer the penalty of arresto menor or a fine not exceeding 200 pesos.

OTHER DECEITS ARE:1. By defrauding or damaging another by any other deceit not mentioned in preceding articles; and2. By interpreting dreams, making forecasts, fortune-telling, or by taking advantage of the credulity of the public in any other similar manner for profit or gain.

Any other kind of conceivable deceit may fall under this article. As in other cases of estafa, damage to the offended party is required.

The deceits in this article include false pretenses andfraudulent acts.

CHAPTER SEVENChattel Mortgage

Removal. Sale Or Pledge Of Mortgaged PropertyARTICLE 319

ARTICLE 319. Removal, Sale or Pledge of Mortgaged Property. — The penalty or arresto mayor or a fine amounting to twice the value of the property shall be imposed upon:1. Any person who shall knowingly remove any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of the execution of the mortgage, without the written consent of the mortgagee, or his executors, administrators or assigns.2. Any mortgagor who shall sell or pledge personal property already pledged, or any part thereof, under the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds of the province where such property is located.

ELEMENTS of SELLING OR PLEDGING PERSONAL PROPERTYALREADY PLEDGED:1. That personal property is already pledged under the terms of the Chattel Mortgage Law;2. That the offender, who is the mortgagor of such property, sells or pledges the same or any part thereof; and3. That there is no consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds.

ELEMENTS of KNOWINGLY REMOVING MORTGAGED PERSONAL PROPERTY:1. That personal property is mortgaged under the Chattel Mortgage Law;2. That the offender knows that such property is so mortgaged;3. That he removes such mortgaged personal to any province or city other than the one in which it was located at the time of the execution of the mortgage;4. That the removal is permanent; and5. That there is no written consent of the mortgagee or his executors, administrator or assignees to such removal.

The object of the Chattel Mortgage Law is to give the necessary sanction to the statute, so that mortgage debtors may be deterred from violating its provisions and mortgage creditors may be protected against loss of inconvenience from wrongful removal or sale of mortgaged property.

Chattel mortgage must be valid and subsisting. If chattel mortgage does not contain an affidavit of good faith and is not registered, it is void and cannot be prosecuted under Art 319

A person other than the mortgagor who removed the property to another province, knowing it to be mortgaged, may be liable.

The removal of the mortgaged personal property must be coupled with intent to defraud. No felonious intent if transfer of personal property is due to change of residence.

If the mortgagee opted to file for collection, not foreclosure, abandoning the mortgage as basis for relief, the removal of property to another province is not a violation of Art 319 par1

CHAPTER EIGHTArson and Other Crimes Involving Destruction

ArsonArt.320 - Art.326 expressly repealed by PD 1613 But PD 1744 revived Art.320 (Destructive Arson)

ARTICLE 320. Destructive Arson. — The penalty of reclusión temporal in its maximum period to reclusión perpetua shall be imposed upon any person who shall burn:1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance storehouse, archives or general museum of the government.2. Any passenger train or motor vehicle in motion or vessel out of port.3. In an inhabited place, any storehouse or factory of inflammable or explosive materials.4. Any theater, church, cockpit, or other building where meetings are held, when occupied by a numerous assemblage.ARTICLE 321. Other Forms of Arson. — When the arson consists in the burning of other property and under the circumstances given hereunder, the offender shall be punished:1. By reclusión temporal or reclusión perpetua, if the offender shall set fire to any building, farmhouse, warehouse, hut, shelter, or vessel in port, knowing it to be occupied at the time by one or more persons.2. By reclusión temporal:(a) If the building burned is a public building and the value of the damage caused exceeds 6,000 pesos;(b) If an inhabited house or any other building in which people are accustomed to meet is set on fire, and the culprit did not know that such house or building was occupied at the time, or if he shall set fire to a moving freight train or motor vehicle, and the value of the damage caused exceeds 6,000 pesos.3. By prisión mayor:(a) If the value of the damage caused in the cases mentioned in the next preceding subdivision does not exceed 6,000 pesos.(b) If a building not used as a dwelling or place of assembly, located in a populated place, is set on fire, and the damage caused exceeds 6,000 pesos.(c) If a farm, sugar mill, cane mill, central, mill, bamboo groves or any similar plantation is set on fire, and the damage caused exceeds 6,000 pesos.

4. By prisión correccional in its maximum period to prisión mayor in its medium period, when the damage caused exceeds 6,000 pesos and the following are set on fire:(a) A building used as a dwelling located in an uninhabited place; or(b) Grain fields, pasture lands, forests, or plantings.5. By prisión correccional in its medium period to prisión mayor in its minimum period, when the damage caused is over 200 pesos but does not exceed 1,000 pesos, and any of the property referred to in paragraphs (a) and (b) of the next preceding subdivision is set on fire; but when the value of such property does not exceed 200 pesos, the penalty next lower in degree than that prescribed in this subdivision shall be imposed when the property burned is a building used as a dwelling in an uninhabited place, and the penalty of arresto menor and a fine ranging from fifty to one hundred per centum of the damage caused shall be imposed, when the property burned consist of grain fields, pasture lands, forests or plantations.6. The penalty of prisión correccional in its medium and maximum periods, if the damage caused in the cases mentioned in paragraphs (b) and (c) of subdivision 3 of this article does not exceed 6,000 pesos but is over 200.7. The penalty of prisión correccional in its minimum and medium periods, if the damage caused in the cases mentioned in paragraphs (b) and (c) of subdivision 3 of this article does not exceed 200 pesos.

ARTICLE 322. Cases of Arson Not Included in the Preceding Articles. — Cases of arson not included in the next preceding articles shall be punished:1. By arresto mayor in its medium and maximum periods, when the damage caused does not exceed 50 pesos;2. By arresto mayor in its maximum period to prisión correccional in its minimum period, when the damage caused is over 50 pesos but does not exceed 200 pesos;3. By prisión correccional in its minimum and medium periods, if the damage caused is over 200 pesos but does not exceed 1,000 pesos; and4. By prisión correccional in its medium and maximum periods, if it is over 1,000 pesos.

ARTICLE 323. Arson of Property of Small Value. — The arson of any uninhabited hut, storehouse, barn, shed, or any other property the value of which does not exceed 25 pesos, committed at a time or under circumstances which clearly exclude all danger of the fire spreading, shall not be punished by the penalties respectively prescribed in this chapter, but in accordance with the damage caused and under the provisions of the following chapter.

ARTICLE 324. Crimes Involving Destruction. — Any person who shall cause destruction by means of explosion, discharge of electric current, inundation, sinking or stranding of a vessel, intentional damaging of the engine of said vessel, taking up the rails from a railway track, maliciously changing railway signals for the safety of moving trains, destroying telegraph wires and telegraph posts, or those of any other system, and, in general, by using any other agency or means of destruction as effective as those above enumerated, shall be punished by reclusión temporal if the commission has endangered the safety of any person; otherwise, the penalty of prisión mayor shall be imposed.

ARTICLE 325. Burning One’s Own Property as a Means to Commit Arson. — Any person guilty of arson or causing great destruction of property belonging to another shall suffer the penalties prescribed in this chapter, even though he shall have set fire to or destroyed his own property for the purpose of committing the crime.

ARTICLE 326. Setting Fire to Property Exclusively Owned by the Offender. — If the property burned shall be the exclusive property of the offender, he shall be punished by arresto mayor in its maximum period to prisión correccional in its minimum period, if the arson shall have been committed for the purpose of defrauding or causing damage to another, or if, though such purpose be lacking, said damage or prejudice shall actually have been caused, or if the thing burned shall have been a building in an inhabited place.

Arson is the malicious destruction of property by fire.

Arson committed by any person who burns or sets fire to the property of another or to his own property under circumstances which expose to danger the life or property of another.

Attempted: Ex. Rags in gasoline,

Consummated: If any part of building burned

Frustrated:there is fire, but no part of house burned

THREE KINDS OF ARSON:1. Arson2. Destructive arson; and3. Other cases of arson.

A. ELEMENTS of CRIME INVOLVING DESTRUCTION:1. That the offender causes destruction of the property; and2. That the destruction was done by means of: a. explosion, b. discharge of electric current, c. inundation, d. sinking or stranding of a vessel, e. damaging the engine of the vessel, f. taking up rails from the railway track, g. destroying telegraph wires and posts or those of any other system, or h. other similar effective means of destruction.

B. ELEMENTS of BURNING ONE’S PROPERTY AS A MEANS TO COMMIT ARSON:1. That the offender set fire to or destroyed his own property;2. That the purpose of the offender in doing so was to commit   arson or to cause a great destruction; and3. That the property belonging to another was burned or destroyed.

C. ELEMENTS of ARSON:1. That the property burned is the exclusive property of the offender; and2. That   (a) the purpose of the offender is burning it is to defraud        or cause damage to another, or   (b) prejudice is actually caused, or   (c) the thing burned is a building in an inhabited place.

Special aggravating circumstances in arson:1. If committed with intent to gain;2. If committed for the benefit of another;3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned; or4. If committed by a syndicate.

DESTRUCTIVE ARSON:The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall burn:1. Building or Edifice2. Building Open to Public3. Train, Locomotive, Ship or Vessel for transportation, public use, leisure, entertainment4. Building, factory, warehouse for service of Public Utilities5. Building to conceal evidence, conceal bankruptcy, defraud creditors6. Arsenal/Military/General Museum7. Inhabited Place

SECTION 6 OF PD 1613: PRIMA FACIE EVIDENCE OF GUILT1. If the fire started simultaneously in more than one part of the building or establishment2. If substantial amount of flammable substances or materials are stored within the building not of the offender nor for household use3. If gasoline, kerosene, petroleum or other flammable or combustible substances or materials soaked therewith or containers thereof, or any mechanical, electrical, chemical, or electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the ruins or premises of the burned building or property4. If the building or property is insured for substantially more than its actual value at the time of the issuance of this policy5. If during the lifetime of the corresponding fire insurance policy more than two fires have occurred in the same or other premises owned or under control of the offender and/or insured6. If shortly before the fire, a substantial portion of the effects insured and stored in a building or property had been withdrawn from the premises except in the ordinary course of business7. If a demand for money or other valuable consideration was made before the fire in exchange for the desistance of the offender or for the safety of the person or property of the victim

CHAPTER NINEMalicious Mischief

Malicious MischiefART.327

ARTICLE 327. Who are Liable for Malicious Mischief . — Any person who shall deliberately cause to the property of another any damage not falling within the terms of the next preceding chapter shall be guilty of malicious mischief.

Who are liable for Malicious MischiefELEMENTS:1. That the offender deliberately caused damage to the property of   another;2. That such act does not constitute arson or other crimes involving   destruction; and3. That the act damaging another’s property be committed merely for the sake of damaging it.

MALICIOUS MISCHIEF: willful damaging of another’s property for the sake of causing damage due to hate, revenge or other evil motive

Malicious mischief cannot be committed through negligence because the offender acts with a specific desire to inflict injury to another.

If there is no malice in causing injury, the offender incurs onlycivil liability.

Damage caused may also be a diminution in value of the property.

But if the offender used the property after causing damage to it, thecrime is theft.

Damage in malicious mischief must not result from a crime.(Ex. Breaking windows during robbery is not malicious mischief.)

A person charged with malicious mischief may be found guilty of damage to property through reckless imprudence

VALEROSO vs. PEOPLE G.R. No. 149718. 0/29/03The elements of the crime of malicious mischief under Article 327of the Revised Penal Code are:

(1) That the offender deliberately caused damage to the property    of another;(2) That such act does not constitute arson or other crimes involving    destruction;(3) That the act of damaging another's property be committed merely for the sake of damaging it.

As to the third element, petitioner was not justified in summarily and extra judicially demolishing private complainant's structure. As it is, the petitioner proceeded proceeded not so much to safeguard the lot as it is the vent to his anger and disgust over the “no tresspassing” sign he placed thereon. Indeed, his act of summarily demolishing the house smacks of his pleasure in causing damage to it.

Special Cases Of Malicious MischiefART.328

ARTICLE 328. Special Cases of Malicious Mischief . — Any person who shall cause damage to obstruct the performance of public functions, or using any poisonous or corrosive substance; or spreading any infection or contagion among cattle; or who causes damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public, shall be punished:1. By prisión correccional in its minimum and medium periods, if the value of the damage caused exceeds 1,000 pesos;2. By arresto mayor, if such value does not exceed the abovementioned amount but is over 200 pesos; and3. By arresto menor, if such value does not exceed 200 pesos.

CASES OF QUALIFIED MALICIOUS MISCHIEF:1. Causing damage to obstruct performance of public functions.2. Using poisonous or corrosive substance.3. Spreading infection or contagion among cattle.4. Damage to property of National Museum or National Library, archive, registry, waterworks, road, promenade, or any other thing used in common by the public.

Qualified malicious mischief is different from sedition because theelement of tumultuous uprising is not present in the former crime.

Other MischiefsART.329

ARTICLE 329. Other Mischiefs. — The mischiefs not included in the next preceding article shall be punished:1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds 1,000 pesos;2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does not exceed 1,000 pesos; and3. By arresto menor or fine of not less than the value of the damage caused and not more than three times such value, if the amount involved exceeds 200 pesos or cannot be estimated.

Mischiefs not included in Art. 328 are punished according to thevalue of the damage caused.

      Ex. scattering human excrement in public building, killing          of cow as an act of revenge, A servant who released bird          from cage as act of hate against owner

If the amount involved cannot be estimated, the penalty of arrestomenor of fine not exceeding P200 is fixed by law.

People v Dumlao, 38 OG 3715:When several persons scattered coconut remnants which containedhuman excrement on the stairs and floor of the municipal building,including its interior, the crime committed is malicious mischiefunder Art. 329.

Damage And Obstruction To Means Of CommunicationART.330

ARTICLE 330. Damages and Obstruction to Means of Communication. — The penalty of prisión correccional in its medium and maximum periods shall be imposed upon any person who shall damage any railway, telegraph or telephone lines.If the damage shall result in any derailment of cars, collision or other accident, the penalty of prisión mayor shall be imposed, without prejudice to the criminal liability of the offender for the other consequences of his criminal act.For the purpose of the provisions of this article, the electric wires, traction cables, signal system and other things pertaining to railways, shall be deemed to constitute an integral part of a railway system.

This crime is done by damaging railways, telegraph or telephone lines.

Railway system – includes electric wires, traction cables, signalsystem, and other things pertaining to railways

Removing rails from a railway track to cause destruction constitutescrime involving destruction under Art. 324.

Art. 330 is not applicable when the damaged telegraph/phone lines do not pertain to a railway system. Hence, cutting telephone lines orthose for transmission of electric power/light not pertaining torailways is not covered by this article.

If people are killed as a result of the damage caused and the offender had no intent to kill, the crime is damages to means of communication with homicide. If there is intent to kill and damaging the railways was the means to accomplish the criminal purpose, the crime is murder.

If the damage shall result in any derailment of cars, collision or other accident, a higher penalty shall be imposed.

Derailment of cars should not have been purposely sought for

Question. When as a result of the damage caused to railway, certainpassengers of the train are killed:      Ans.: It depends. Art. 330 says “without prejudice to the criminal liability of the offender for other consequences of his criminal act.” If there is no intent to kill, the crime is “damages to means to means of communication” with homicide because of the first paragraph of Art. 4 and Art. 48. If there is intent to kill, and damaging the railways was the means to accomplish the criminal purpose, the crime is murder

Persons Exempt From Criminal Liability In Crimes Against PropertyART.331. DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS

ARTICLE 331. Destroying or Damaging Statues, Public Monuments or Paintings. — Any person who shall destroy or damage statues or any other useful or ornamental public monument, shall suffer the penalty of arresto mayor in its medium period to prisión correccional in its minimum period.Any person who shall destroy or damage any useful or ornamental painting of a public nature shall suffer the penalty of arresto menor or a fine not exceeding 200 pesos, or both such fine and imprisonment, in the discretion of the court.

The penalty is lower if the thing destroyed is a public painting, ratherthan a public monument.

CHAPTER TENExemption from Criminal Liability in Crimes Against Property

ART.332

ARTICLE 332. Persons Exempt from Criminal Liability. — No criminal, but only civil liability, shall result from the commission of the crime of theft, swindling or malicious mischief committed or caused mutually by the following persons:1. Spouses, ascendants and descendants, or relatives by affinity in the same line;2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.The exemption established by this article shall not be applicable to strangers participating in the commission of the crime.

OFFENSES INVOLVED IN THE EXEMPTION:1. Theft,2. Swindling (estafa), and3. Malicious mischief.

PERSONS EXEMPT FROM CRIMINAL LIABILITY:1. Spouses, ascendants and descendants, or relatives by affinity in the same line.2. The widowed spouse with respect to the property w/c belonged to the deceased spouse before the same passed into the possession  of another.3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

Only civil liability is incurred by the offenders who are exempt by law from criminal liability.

Parties to the crime who are not related to the offended party still remain criminally liable.

Law recognized presumed co-ownership of property between offender and offended party

Persons exempt from criminal liability include:1. stepfather/mother (ascendants by affinity)2. adopted children (descendants)3. concubine/paramour (spouse)4. common-law spouse.

People v Alvarez, 52 Phil 65; People v Adame- Stepfather and stepmother are included as ascendants by affinity.

An adopted or natural child should also be considered as included in the term “descendants” and a concubine or paramour within the term “spouses”.

Art. 144, CC; People v Constantino, CA, 60 OG 3605:    - Art. 332 applies to common-law spouses.

TITLE ELEVENCrimes Against Chastity

CHAPTER ONEAdultery and Concubinage

AdulteryART.333

ARTICLE 333. Who are Guilty of Adultery. — Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void.Adultery shall be punished by prisión correccional in its medium and maximum periods.If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.

ELEMENTS:1. That the woman is married (even if marriage is subsequently    declared void);2. That she has sexual intercourse with a man not her husband; and3. That as regards the man with whom she has sexual intercourse,    he must know her to be married.

Adultery may be attempted.

Sheer necessity, though woman not abandoned by her husband,mitigates liability of married woman.

The offended party must be legally married to the offender atthe time of the criminal case.

Carnal knowledge may be proved by circumstantial evidence.

Each sexual intercourse constitutes a crime of adultery.

People vs. Avelino   Adultery is mitigated if the adulterous wife was abandoned w/o   justification by the offended spouse. Both the wife and her   paramour are entitled to this mitigating circumstance.

Even if the husband pardons the adulterous wife, such pardon would not exempt the wife and her paramour from criminal liability for adulterous acts committed after the pardon had been granted, because the pardon refers to previous and not to subsequent adulterous acts.

A married man who is not liable for adultery, because he did not know that the woman was married, may be held liable for concubinage. If the woman knew that the man was married, she may be held liable for concubinage as well.

Acquittal of one of the defendants does not operate as a cause of acquittal of the other.

Effect of death of paramour: Offending wife may still be prosecuted. The requirement that both offenders should be included in the complaint is absolute only when the two offenders are alive.

EFFECT OF PARDON:The pardon must come before the institution of criminal prosecution.

Both the offenders must be pardoned by the offended party.Act of intercourse subsequent to adulterous conduct is an implied pardon.

Consent is a cause for dismissal of complaint.

Effect of death of offended party:The proceedings may continue.Pardon by the offended party to be effective must be granted to both offenders before the institution of criminal proceedings.

Effect of consent:People v. Sensano and RamosThe husband, knowing that his wife, after serving sentence for adultery, resumed living with her co-defendant, did nothing to interfere with their relations or to assert his rights as husband.The second charge of adultery should be dismissed because of consent.

Agreement to separatemay be used as evidence to show consent by the husband to the infidelity of his wife

Under the law, there is no accomplice in adultery.

Concubinage

Art.334

ARTICLE 334. Concubinage. — Any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prisión correccional in its minimum and medium periods.The concubine shall suffer the penalty of destierro.

ELEMENTS:1. The man must be married;2. That he committed any of the following acts:   a. Keeping a mistress in the conjugal dwelling,   b. Having sexual intercourse under scandalous circumstances      with a woman who is not his wife,   c. Cohabiting with her in any other place;3. That as regards the woman, she must know him to be married.

A married man is not liable for concubinage for mere sexual relations with a woman not his wife.

CONJUGAL DWELLING means the home of the husband and wifeeven if the wife happens to be temporarily absent on any account.

SCANDAL consists in any reprehensible word/deed that offends public conscience, redounds to the detriment of the feelings of honest persons, and gives occasion to the neighbors’ spiritual damage and ruin.

COHABIT means to dwell together, in the manner of husband and wife, for some period of time, as distinguished from occasional, transient interviews for unlawful intercourse.

That woman must be taken into conjugal dwelling as a concubine

People in the vicinity are the best witnesses to prove scandalous circumstances

Adultery is more severely punished than concubinage.

The woman becomes liable only when she knew him to bemarried prior to the commission of the crime.

Acts of LasciviousnessART.336

ARTICLE 336. Acts of Lasciviousness. — Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by prisión correccional.

ELEMENTS:1. That the offender commits any act of lasciviousness or lewdness;2. That the act of lasciviousness is committed against a person of either sex; and3. That it is done under any of the following circumstances:    a. by using force or intimidation, or    b. when the offended party is deprived of reason or otherwise unconscious, or    c. by means of fraudulent machination or grave abuse of authority, or  d. when the offended party is under 12 years of age or is demented.

Q: How is the crime of acts of lasciviousness distinguished    from attempted rape?A: The following are the distinctions:    (a) If the acts performed by the offender clearly indicate that his purpose was to lie with the offended woman – attempted rape.   (b) In the case of attempted rape, the lascivious acts are but the preparatory acts to the commission of rape; whereas in acts of lasciviousness, the lascivious acts are themselves the final objective sought by the offender.

PEOPLE vs. PALMA, G.R. Nos. 148869-74. 12/11/03In the absence of convincing proof that the penis had slid into the female organ, rape was not committed. Where the victim merely stated that she was carried around the sala with appellant's penis "touching" her vagina, it would not be right to conclude that the act of the penis "touching" the vagina was an entry or penetration, even slightly, of the labia majora or the labia minora of the pudendum. The appellant is guilty of acts of lasciviousness and not rape.

PEOPLE vs. AQUINO G.R. No. 139181. 10/27/03The appellant’s act of directing Analyn to remove her lower apparel constitutes an act of lasciviousness under Article 336 of the Revised Penal Code, and not rape

No attempted or frustrated Acts of Lasciviousness.

Lewd design – act with particular design to independently derive vicarious pleasure therefrom; not merely a “silly whim”

The difference between Acts of Lasciviousness and Unjust Vexation is that in the former there is lewd design – this can be inferred from

circumstances surrounding the commission of the crime: place, time, presence of other people, what was done; But if it is clear that intention is to have intercourse, crime could be attempted rape; if accused desisted in the commission of attempted rape, it may be a consummated crime of acts of lasciviousness

Acts of Lasciviousness

CHAPTER THREESeduction, Corruption of Minors and White Slave Trade

Qualified SeductionART.337

ARTICLE 337. Qualified Seduction. — The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, house-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prisión correccional in its minimum and medium periods.The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age.Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein.

2 CLASSES OF QUALIFIED SEDUCTION:1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest, teacher, etc.;  2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation. (incestuous seduction)

SEDUCTION means the enticing a woman to unlawful sexualintercourse by promise of marriage or other means of persuasion without the use of force.2 KINDS OF SEDUCTION:  1. qualified seduction  2. simple seduction.

ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN:1. That the offended party is a virgin, which is presumed if she is unmarried and of good reputation;2. That she must be over 12 and under 18 years of age;3. That the offender has sexual intercourse with her; and4. That there is abuse of authority, confidence or relationship on the part of the offender (person entrusted with education or custody of victim; person in public authority, priest; servant).

PERSONS LIABLE:1. Those who abuse their authority:   a. persons in public authority   b. guardian   c. teacher   d. person who, in any capacity, is entrusted w/ the education or custody of the woman seduced2. Those who abused the confidence reposed in them:   a. priest   b. house servant   c. domestic3. Those who abused their relationship:   a. brother who seduced his sister   b. ascendant who seduced his descendant

The penalty for qualified seduction of a sister or descendant is higher than qualified seduction of a virgin.

Deceit is not an element of qualified seduction.

Abuse of Confidence, acts punished because of character of person committing the same, and excess of power or abuse of confidence.

Virginity: a woman of chaste character and of good reputation. The offended party need not be physically a virgin.

Domestic: a person usually living under the same roof, pertaining to the same house.

The offended party need not be a virgin physically – virgin is a virtuous woman of good reputation

Deceit is not an element of qualified seduction; it is an element of simple seduction

Accused charged with rape cannot be convicted of qualified seduction under the same information.

Qualified seduction of a sister or descendant, also known as INCEST, is punished by a penalty next higher in degree. The age, reputation, or virginity of the sister or descendant is irrelevant. The relationshipneed not be legitimate.

Not necessary that the offender be the teacher of the offended party; it is sufficient that he is a teacher in the same school.

Seduction: enticing a woman to unlawful sexual intercourse by promise of marriage or other means of persuasion without use of force. It applies when there is abuse of authority (qualified seduction) or deceit (simple seduction).

People v. FontanillaA 15-year old virgin, who was brought by her mother to the house of the accused and his wife to serve as a helper, repeatedly yielded to the carnal desires of the accused, as she was induced by his promises of marriage and frightened by his acts of intimidation.

HELD: DECEIT, although an essential element of ordinary or simple seduction, does not need to be proved or established in a charge of qualified seduction. It is replaced by ABUSE OF CONFIDENCE.

Babanto v. ZosaThe accused, a policeman, brought a 13- year old girl with low mentality, to the ABC Hall where he succeeded in having sexual intercourse with her. The complaint did not allege that the girl was a virgin. The accused was charged with RAPE but convicted of QUALIFIED SEDUCTION.

HELD: Though it is true that virginity is presumed if the girl is over 12 but under 18, unmarried and of good reputation, virginity is still an essential element of the crime of qualified seduction and must be alleged in the complaint. Accused is guilty of RAPE, considering the victim’s age, mental abnormality and deficiency. There was also intimidation with the accused wearing his uniform.

Perez v. CAPerez succeeded in having sexual intercourse with Mendoza after he promised to marry her. As he did not make good on said promise, Mendoza filed a complaint for Consented Abduction. Trial Court found that the acts constituted seduction, acquitting him on thecharge of Consented Abduction. Mendoza then filed a complaint for Qualified Seduction. Perez moved to dismiss the case on the grounds of double jeopardy.

HELD:There are similar elements between consented abduction and qualified seduction, namely:1) the offended party is a virgin, and2) over 12 but under 18 yrs. of age However, an acquittal for CONSENTED ABDUCTION will not preclude the filing of a charge for QUALIFIED SEDUCTION because the element of the two crimes are different.

That the girl gave consent to the sexual intercourse is not a defense.

Simple SeductionART.338

ARTICLE 338. Simple Seduction. — The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.

ELEMENTS:1. That the offended party is over 12 and under 18 years of age;2. That she must be of good reputation, single or widow;3. That the offender has sexual intercourse with her; and4. That it is committed by means of deceit.

What is the purpose of the law?- To punish the seducer who by means of promise of marriage, destroys the chastity of an unmarried female of previous chaste character

Virginity of offended party is not required, good reputation is sufficient.

Deceit generally takes the form of unfulfilled promise to marry.

Promise of marriage by a married man, whom the victim knew to be married, is not deceit.

Promise of marriage after sexual intercourse is not deceit.

No continuing offense of seduction

Man may be willing and ready to marry the girl but simple seduction is still committed when man knows that the offended party cannot legally consent to marriage.

What about unfulfilled promise of material things, as when the woman agrees to sexual intercourse in exchange for jewelry?   - This is not seduction because she is a woman of loose morals.

Promise of marriage by a married man is not a deceit, ifthe woman knew him to be married.

Acts Of Lasciviousness With The Consent Of The Offended PartyART.339

ARTICLE 339. Acts of Lasciviousness with the Consent of the Offended Party. — The penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in articles 337 and 338.

ELEMENTS:1. That the offender commits acts of lasciviousness or lewdness;2. That the acts are committed upon a woman who is a virgin or   single or a widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age.3. That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit.

It is necessary that it be committed under circumstances which would make it qualified or simple seduction had there been sexual intercourse, instead of acts of lewdness only.

When the victim is under 12 yrs., the penalty shall be one degree higher than that imposed by law.

Art.339 Acts of Lasciviousness with consent...

Corruption of MinorsART.340

ARTICLE 340. Corruption of Minors. — Any person who shall habitually or with abuse of authority or confidence, promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another, shall be punished by prisión correccional in its minimum and medium periods, and if the culprit be a public officer, he shall also suffer the penalty of temporary absolute disqualification.

The act punishable is the promotion or facilitating the prostitution or corruption of persons under age to satisfy the lust of another.

It is not necessary that the unchaste acts shall have been done to the minor. Hence, a mere proposal will consummate the offense.

Who can be liable?- Any person- A public officer or employee, including those in government- owned or controlled corporations- Punishable by prision mayor- shall also be penalized by temporary absolute disqualification

Habituality or abuse of authority or confidence is not necessary.

It is not necessary that the unchaste acts shall have been done.

Mere proposal will consummate the offense.

R.A. 7610 punishes child prostitution committed by:1. Those who engage in or promote, facilitate or induce child prostitution;2. Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse;3. Those who derive profit or advantage therefrom. (Ex. manager/owner of the establishment where child prostitution takes place);4. Any person, not being a relative of the child, is found alone with the said child in a hidden or secluded area under circumstances which lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse; and5. Any person who receives services from a child in a sauna parlor or bath, massage clinic, health club, and other similar establishments.

Q: What is Child Prostitution?A: It is engaging in sexual intercourse or acts of lasciviousness with a child, who for money or profit or due to coercion is exploited to indulge in such activities. The victim maybe male or female. If the victim is under twelve (12) years of age, the offender shall NOT be prosecuted under RA 7610, but shall be prosecuted for statutory rape or acts of lasciviousness as the case maybe.

Q: What is an Attempt to Commit Child Prostitution under RA 7610?A: It an offense committed by a person who, not being a relative of a child, is found alone with said child inside the room or cubicle of a house, hotel, or other similar establishments vessel, vehicle or any other secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other child abuse. It is also committed by one person who receives services from a child in a sauna parlor, massage clinic, or any other similar establishments.

Q: What is Child Trafficking?A: It is the act of buying and selling a child for money, or for any other consideration, or barter.

White Slave TradeART.341

ARTICLE 341. White Slave Trade. — The penalty of prisión correccional in its medium and maximum periods shall be imposed upon any person who, in any manner, or under any pretext, shall engage in the business or shall profit by prostitution or shall enlist the services of women for the purpose of prostitution.

ACTS PENALIZED:1. Engaging in the business of prostitution;2. Profiting by prostitution; and3. Enlisting the service of women for the purpose of prostitution.

One of those above-mentioned acts is sufficient to constitutethe offense

Habituality not a necessary element of white slave trade

Offender need not be owner of house and need not be present attime of raid; it suffices that he maintains or engages in business

Under any pretext – if real purpose is prostitution, it doesn’t matter if one engages services of woman ostensibly as maid, for example

Victim is under 12 yrs., penalty shall be one degree higher.

Maintainer or manager of house of ill- repute need not bepresent therein at the time of raid or arrest.

CHAPTER FOURAbduction

Forcible AbductionART.342

ARTICLE 342. Forcible Abduction. — The abduction of any woman against her will and with lewd designs shall be punished by reclusión temporal.The same penalty shall be imposed in every case, if the female abducted be under twelve years of age.

ELEMENTS:1. That the person abducted is any woman, regardless of her age,    civil status, or reputation;2. That the abduction is against her will; and3. That the abduction is with lewd designs.

When there is deprivation of liberty and no lewd designs, the crime is kidnapping and serious illegal detention.

Any woman, may be married; if child under 12 years of age, crimeis forcible abduction, even if she voluntarily goes with her abductor

Taking away must be against will of woman; may be accomplished by means of deceit first and then by means of violence andintimidation

Actual intercourse not necessary; lewd designs may be shown byconduct of the accused; intent to seduce girl sufficient; lewd designs present in hurried ceremony of marriage by force where marriage is merely an artifice by which accused sought to escape criminal consequences of his acts

When there are several defendants, it is enough that one of themhad lewd designs

Husband not liable for abduction of wife as lewd design is wanting

Nature of crime: against liberty, honor and reputation, and public order Forcible abduction v. Grave coercion v. Kidnapping– presence of lewd design makes it forcible abduction; Kidnappingand Serious illegal detention if there is deprivation of libertywith no lewd design (Violent taking of woman motivated by lewddesign and victim raped - Forcible abduction with rape, insteadof Kidnapping with rape; Attempt to rape is absorbed in abduction)

Forcible Abduction v. Corruption of minors – depends on purpose;purpose of Corruption is to lend her to illicit intercourse with others

Forcible Abduction v. Rape: if resistance of woman to alleged rape was not tenacious; rape may also absorb forcible abduction if main objective was to rape the victim

Attempt to rape absorbed in element of lewd design

Conviction of Acts of Lasciviousness, not a bar to conviction offorcible abduction

PEOPLE vs. CARAANG, GR 148424-27. 12/11/03The complex crime of forcible abduction with Rape occurs when there is carnal knowledge of the abducted woman under any of thecircumstances mentioned earlier when force or intimidation is used; when the woman is deprived of reason or is otherwise unconscious; and when the woman is under twelve years of age or is demented. The employment of deception suffices to constitute forcible abduction. This Court has previously ruled that if the victim's consent was obtained through deceit and there was therefore no valid consent, the crime is forcible abduction, as the deceit may be considered as constructive force. The second element, lewd design, was established by the actual rapes.

People v. SunpongcoThe victim was abducted by the accused and was brought to a hotelwhere the latter succeeded in having sexual intercourse with her.  HELD: The elements of both rape and forcible abduction are proven. The presence of lewd designs in forcible abduction is manifested by the subsequent rape of the victim.

People v. JoseThis is the Maggie Dela Riva story wherein Maggie was abducted and brought to a hotel, where the 4 accused took turns in raping her.  HELD: While the first act of rape was being performed, the crime of forcible abduction had already been consummated, hence, forcible abduction can only be attached to the first act of rape, detached from the 3 subsequent acts of rape.

People v. AlburoThe accused and 2 other men raped the victim. The victim was ajeepney passenger who was prevented from leaving the jeepney.She was taken to a remote place where she was raped.

HELD: The accused is guilty of FORCIBLE ABDUCTION WITH RAPE.It was proven that the victim was taken against her will and with lewd design, and was subsequently forced to submit to the accused’s lust, rendering her unconscious in the process.

People v. GodinesThe victim witnessed the killing of another by the 2 accused.Upon seeing her, the accused dragged her to a vacant lot wherethey took turns in raping her. TC convicted them of rape.

HELD: FORCIBLE ABDUCTION is absorbed in the crime of RAPE if the main objective is to rape the victim.

AGE AND REPUTATION NOT NECESSARY:1. Rape2. Acts of lasciviousness against the will or without the consent    of the offended party3. Qualified seduction of sister or descendant4. Forcible Abduction

Consented AbductionART.343

ARTICLE 343. Consented Abduction. — The abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs, shall be punished by the penalty of prisión correccional in its minimum and medium periods.

ELEMENTS:1. That the offended party must be a virgin;2. That she must be over 12 and under 18 years of age;3. That the taking away of the offended party must be with her    consent, after solicitation or cajolery from the offender; and4. That the taking away of the offended party must be with lewd    designs.

If the virgin is under 12 years of age, the crime committed isforcible abduction, even if the girl consented to the elopement.

If the virgin is under 12 or is deprived of reason, the crime is forcible abduction because such is incapable of giving a valid consent.

When there was no solicitation or cajolery and no deceit and the girl voluntarily went with the man, there is no crime committed even if they had sexual intercourse.

The abduction of the victim need not be with some character ofpermanence.

Virginity: not in a material sense as to exclude the idea ofabduction of a virtuous woman of good reputation

It is sufficient that abductor was instrumental in escape ofvictim, need not be taken from her house

Requires solicitation or cajolery

What is the purpose of the law?   - To prescribe punishment for the disgrace to her family and     the alarm caused by the disappearance of one who is, by     her age and sex, susceptible to cajolery and deceit.

CHAPTER FIVEProvisions Relative to the Preceding Chapters of Title Eleven

Prosecution of Adultery, Concubinage, Seduction, Abduction And Acts of lasciviousnessART.344

ARTICLE 344. Prosecution of the Crimes of Adultery, Concubinage, Seduction, Abduction, Rape and Acts of Lasciviousness. — The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse.The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders.The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned by the above named persons, as the case may be.In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The provisions of this paragraph shall also be applicable to the co-principals, accomplices and accessories after the fact of the abovementioned crimes.

1. Adultery and concubinage must be prosecuted upon complaint    signed by the offended spouse.2. Seduction, abduction, or acts of lasciviousness must be    prosecuted upon complaint signed by:   a. offended party,   b. by her parents,   c. grandparents, or   d. guardians

   - in the order in which they are named above.

General Rule: Marriage in good faith of the offender w/ theoffended party extinguishes the criminal action or remit thepenalty already imposed upon him. This applies as well to theaccomplices, accessories-after-the-fact.

   Exception: In case of multiple rape.

Who may file the complaint?   - Adultery and concubinage must be prosecuted upon complaint     signed by the offended spouse.

The court motu proprio can dismiss the case for failure of theaggrieved party to file the proper complaint even if the accused never raised the question on appeal.

Crimes against chastity prosecuted de oficio.

Pilapil v. Ibay-SomeraA foreigner, married to a Filipina, was able to obtain a decree of divorce in another country against the latter. After the issuance of the decree of divorce, the foreigner filed 2 complaints of adultery against the accused.

HELD: The person who initiates an ADULTERY / CONCUBINAGE

case must be an offended spouse, and by this is meant that he is still married to the accused spouse, at the time of the filing of the complaint.

Adultery and ConcubinageThe offended party cannot institute criminal prosecution withoutincluding BOTH the guilty parties if they are alive.

Consent and pardon bar the filing of a criminal complaint.

Both parties must be included in the  complaint even if one ofthem is not guilty.

Prosecution of rape may be made  upon complaint by any person.

When the offended party is a minor, her parents may file thecomplaint.

When the offended party is of age and is in complete possessionof her mental and physical faculties, she alone can file thecomplaint.

The term “guardian” refers to legal guardian.

The complaint must be filed in court, not with the fiscal.

In case of complex crimes, where one of the component offensesis a public crime, the criminal prosecution may be institutedby the fiscal.

Effect of Pardon:Pardon of the offenders by the offended party is a bar to prosecution for adultery or concubinage.

Pardon must exist before the institution of the criminal action.

Both offenders must be pardoned by the offended party.

Delay in the filing of complaint, if satisfactorily explained, does not indicate pardon.Condonation or forgiveness of one act of adultery or concubinageis not a bar to prosecution of similar acts that may be committed by the offender in the future.

Consent:   - may be express or implied   - given before the adultery or concubinage was committed   - Agreement to live separately may be evidence of consent.   - Affidavit showing consent may be a basis for new trial.

Seduction, Abduction, Acts of lasciviousnessMust be prosecuted complaint signed by:1. Offended Partyi. even if a minorii. of legal age and not incapacitated, only she can file the complaintiii. minor or incapacitated and refuses to file, either of the following persons may file2. Either of the parents3. Either of the grandparents paternal or maternal side4. Legal or Judicial Guardian5. The State as parens patriae when the offended party dies or becomes incapacitated before she could file the complaint and has no known parents, grandparents, or guardians

Effect of Pardon:Offended party cannot institute criminal proceedings if the offender has been EXPRESSLY pardoned by the offended party, or her parents, grandparents or guardian.

Pardon by the parent, grandparent, or guardian must be accompanied by the express pardon of the offended woman.

The right to file action of the parents, grandparents and guardian shall be EXCLUSIVE of other persons and shall be exercised successively in the order provided.

Pardon by the offended party who is a minor must have the concurrence of parents, EXCEPT when the offended party has noparents

When the offended party is a minor, her parents may file thecomplaint.

Offended party is of age and is in complete possession of hermental and physical faculties, she alone can file the complaint.

The guardian must be legally appointed by the court.

Rape complexed with another crime against chastity need NOTbe signed by the offended woman, since rape is a public crime.

When the evidence fails to prove a complex crime of rape withanother crime, and there is no complaint signed by the offended woman, the accused CANNOT be convicted of rape.

Marriage of the offender with the offended party in seduction,abduction, acts of lasciviousness and rape, extinguishes criminal action or remits the penalty already imposed.

Marriage (in cases of seduction, abduction, and acts of lasciviousness) extinguishes the criminal action even as to co-principals, accomplices, and accessories.

Marriage must be entered into in good faith.

Marriage may take place AFTER criminal proceedings have commenced, or even after conviction (extinguishes criminalaction and remits penalty).

Civil Liability Of Persons Guilty Of Crimes Against ChastityART.345.

ARTICLE 345. Civil Liability of Persons Guilty of Crimes Against Chastity. — Person guilty of rape, seduction or abduction, shall also be sentenced:1. To indemnify the offended woman.2. To acknowledge the offspring, unless the law should prevent him from so doing.3. In every case to support the offspring.The adulterer and the concubine in the case provided for in articles 333 and 334 may also be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended spouse.

1. To indemnify the offended woman.2. To acknowledge the offspring, unless the law should prevent him from so doing.3. In every case to support the offspring.   EXCEPT:   a. in cases of adultery and concubinage   b. where either of the offended party or accused is married   c. when paternity cannot be determined, such as in multiple rape

The adulterer and the concubine in the case provided for in Articles 333 and 334 may also be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended spouse.

No civil liability for Acts of Lasciviousness

Moral damages may be awarded to offended party, and the parentsfor seduction, abduction, rape, other lascivious acts(Article 2219 Civil Code)

Multiple Rape(by multiple offenders): all of them must supportoffspring, not one may be made to acknowledge offspring

Amount and terms of support to be determined in a hearing(Article 201 Family Code)

Only Indemnity in Rape of Married Woman

Art. 283 (1), CC: Judgment to recognize the offspring may only be given if there is pregnancy within the period of conception, which is within 120 days from the commission of the offense.

The adulterer and the concubine can be sentenced only toindemnify for damages caused to the offended spouse.

Liability of Ascendants, Guardians, Teachers, Or Other Persons Entrusted With Custody Of Offended PartyART.346

ARTICLE 346. Liability of Ascendants, Guardians, Teachers, or Other Persons Entrusted with the Custody of the Offended Party. — The ascendants, guardians, curators, teachers and any person who, by abuse of authority or confidential relationship, shall cooperate as accomplices in the perpetration of the crimes embraced in chapters second, third and fourth of this title, shall be punished as principals.Teachers or other persons in any other capacity entrusted with the education and guidance of youth, shall also suffer the penalty of temporary special disqualification in its maximum period to perpetual special disqualification.Any person falling within the terms of this article, and any other person guilty of corruption of minors for the benefit of another, shall be punished by special disqualification from filling the office of guardian.

Persons who cooperate as accomplices but are punished asprincipals in rape, seduction, abduction, etc:1) Ascendants,2) Guardians,3) Curators,4) Teachers, and5) Any other person, who cooperates as accomplice with abuse of   authority or confidential relationship.

The teachers or persons entrusted with education and guidanceof the youth shall also be penalized with disqualification.

“Crimes embraced in the 2nd, 3rd, & 4th of this title”:1) rape2) acts of lasciviousness

3) qualified seduction4) simple seduction5) acts of lasciviousness with consentof the offended party6) corruption of minors7) white slave trade8) forcible abduction9) consented abduction

TITLE TWELVECrimes Against the Civil Status of Persons

CHAPTER ONESimulation of Births and Usurpation of Civil Status

Simulation Of Births, Substitution Of One Child For Another And Concealment Or Abandonment Of A Legitimate ChildART.347

ARTICLE 347. Simulation of Births, Substitution of One Child for Another and Concealment or Abandonment of a Legitimate Child. — The simulation of births and the substitution of one child for another shall be punished by prisión mayor and a fine of not exceeding 1,000 pesos.The same penalties shall be imposed upon any person who shall conceal or abandon any legitimate child with intent to cause such child to lose its civil status.Any physician or surgeon or public officer who, in violation of the duties of his profession or office, shall cooperate in the execution of any of the crimes mentioned in the two next preceding paragraphs, shall suffer the penalties therein prescribed and also the penalty of temporary special disqualification.

Acts punished:1. Simulation of births      ELEMENTS:a) The child is baptized or registered in the Registry of birth as the offender’s;b) The child loses its real status and acquires a new one; andc) The offender’s purpose was to cause the loss of any trace as to the child’s true filiation.

2. Substitution of one child for another, or

3. Concealing or abandoning any legitimate child w/ the intent to cause such child to lose its civil status.ELEMENTS:a) The child must be legitimate;b) The offender conceals or abandons such child; andc) The offender has the intent to cause the child to lose its civil status.

The fact that child will be benefited by simulation of birth is not a defense since it creates a false status to the detriment of members of family to which the child is introduced

Father who sells child is not liable under this article sincethere is no abandonment.

Illustration:   People who have no child and who buy and adopt the child   without going through legal adoption.

   Same is true even if the child was kidnapped but they knew   that the kidnappers are not the real parents of the child.

   When the real parents make it appear in the birth certificate   that the parents who bought the child are the real parents.

Usurpation of Civil StatusART.348

ARTICLE 348. Usurpation of Civil Status. — The penalty of prisión mayor shall be imposed upon any person who shall usurp the civil status of another, should he do so for the purpose of defrauding the offended party or his heirs; otherwise, otherwise, the penalty of prisión correccional in its medium and maximum periods shall be imposed.

This felony is committed by a person who assumes the filiation, or the parental or conjugal rights of another.

Criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto is necessary to constitute this crime.

Circumstance qualifying the offense: When the purpose of theimpersonation is to defraud the offended party or his heirs.

Civil status seems to include one’s profession.

There must be an intent to enjoy the rights arising from thecivil status of another.

CHAPTER TWOIllegal Marriages

BigamyART.349

ARTICLE 349. Bigamy. — The penalty of prisión mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.

ELEMENTS:1. That the offender has been legally married;2. That the marriage has not been legally dissolved or, in case   his or her spouse is absent, the absent spouse could not yet   be presumed dead according to the Civil Code;3. That he contracts a second or subsequent marriage; and4. That the second or subsequent marriage has all the essential   requisites for validity.

The crime of bigamy does not fall within the category of private crimes. Hence, it can be prosecuted even w/o the initiative of the offended party.

The fact that the 1st marriage is void from the beginning is not a defense in a bigamy charge. There is a need for judicial declaration of the nullity of the 1st marriage. Similarly, there must also be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage.

Failure to exercise due diligence to ascertain the whereabouts of the 1st wife and the husband’s remarriage is bigamy through reckless imprudence.

One convicted for bigamy may be prosecuted for concubinage asboth are distinct offenses.

The second spouse is not necessarily liable for bigamy.

One who falsely vouches for the capacity of the either of thecontracting parties knowing that one of the parties is alreadymarried is an accomplice.

A pardon by the offended party does not extinguish criminalaction considering that a crime is committed against the Stateand the crime of Bigamy is a public offense which can bedenounced not only by the person affected thereby but even bya civic-spirited citizen who may come to know the same.

Good faith is a defense in bigamy.

A judicial declaration of the nullity of a marriage, that is,that the marriage was void ab initio, is now required.

Marriage Contracted Against Provisions Of LawsART.350

ARTICLE 350. Marriage Contracted Against Provisions of Laws. — The penalty of prisión correccional in its medium and maximum periods shall be imposed upon any person who, without being included in the provisions of the next preceding article, shall contract marriage knowing that the requirements of the law have not been complied with or that the marriage is in disregard of a legal impediment.If either of the contracting parties shall obtain the consent of the other by means of violence, intimidation or fraud, he shall be punished by the maximum period of the penalty provided in the next preceding paragraph.

Elements:1. Offender contracted marriage;2. He knew at the time that –   a. The requirements of the law were not complied with; or   b. The marriage was in disregard of a legal impediment.

Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud.

Bigamy is a form of illegal marriage. Illegal marriage includesalso such other marriages which are performed without complyingwith the requirements of law, or marriages where the consent ofthe other is vitiated, or such marriage which was solemnized byone who is not authorized to solemnize the same.

Premature MarriagesART.351

ARTICLE 351. Premature Marriages. — Any widow who shall marry within three hundred and one days from the date of the death of her husband, or before having delivered if she shall have been pregnant at the time of his death, shall be punished by arresto mayor and fine not exceeding 500 pesos.The same penalties shall be imposed upon any woman whose marriage shall have been annulled or dissolved, if she shall marry before her delivery or before the expiration of the period of three hundred and one days after the legal separation.

PERSONS LIABLE:1. A widow who married within 301 days from the date of the death of her husband, or before having delivered if she is pregnant at the time of his death.

2. A woman whose marriage having been dissolved or annulled, married before her delivery or w/in 301 days after the date of the legal separation.

The purpose of the law in punishing the foregoing acts is to prevent doubtful paternity.

The Supreme Court considered the reason behind making such marriages within 301 days criminal, that is, because of the probability that there might be a confusion regarding the paternity of the child who would be born.

If this reason does not exist because the former husband is impotent, or was shown to be sterile such that the woman has had no child with him, that belief of the woman that after all there could be no confusion even if she would marry within 301 days may be taken as evidence of good faith and that would negate criminal intent.

Performance Of Illegal Marriage CeremonyART.352

ARTICLE 352. Performance of Illegal Marriage Ceremony. — Priests or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize any illegal marriage ceremony shall be punished in accordance with the provisions of the marriage law.Act punished:1.Performance or authorization by a priest or minister of any religious denomination or sect or by civil authorities of any illegal marriage ceremony.2. But a clergyman who performed a marriage ceremony without knowledge of the minority of one of the parties is not liable.

PERSONS LIABLE:   - Priests or ministers of any religious denomination or sect, or   - civil authorities who shall perform or authorize any     illegal marriage ceremony

TITLE THIRTEENCrimes Against Honor

CHAPTER ONELibel

SECTION ONEDefinitions, Forms and Punishment of this Crime

Definition Of Libel/DefamationART.353

ARTICLE 353. Definition of Libel. — A libel is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

ELEMENTS:1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance;2. That the imputation must be made publicly;3. That it must be malicious;4. That the imputation must be directed at a natural or juridical person, or one who is dead;5. That the imputation must tend to cause the dishonor, discredit or contempt of the person defamed.

Libel is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or any act, commission, condition, status or circumstances tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

Kinds of malice:(a) malice in law – that which should be proved, or(b) malice in fact – that which may be taken for granted due to the grossness of the imputation.

Defamation is the proper term for libel as used in Article 353

Defamation: may be libel or slander

No distinction between calumny, insult, and libel: all kinds of attack against honor and reputation is punished

Malice is presumed to exist in injurious publications.

Publication is the communication of the defamatory matter tosome third person/s.

Person libeled must be identified. But the publication need not refer by name to the libeled party. If not named it must be shown that the description of the person referred to in the defamatory publication was sufficiently clear so that at least a 3rd person would have identified the offended party.

It is essential that the victim be identifiable, although it is not necessary that he be named.

Meaning of writer immaterial

Defamatory remarks directed at a group of persons are not actionable unless the statements are all embracing or sufficiently specific for each victim to be identifiable.

There are as many counts of libel as there are persons defamed.

To presume publication, there must be a reasonable probabilitythat the alleged libelous matter was thereby exposed to beread or seen by 3rd persons.

In libel, the false accusation need not be made under oath.Perjury requires that the false accusation is made under oath

Seditious libel is punished under Article 142

Criteria to determine whether statements are defamatory:  1. Words are calculated to induce the hearers to suppose and understand that the person against whom they are uttered were guilty of certain offenses, or are sufficient to impeach their honesty, virtue or reputation, or to hold the person up to public ridicule; and (US v O’Connel)

2. Words are construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer. (People vs. Encarnacion)

There is no crime if the defamatory imputation is not published,meaning, it is not communicated to a third  person.

People v. Velasco (2000)DOCTRINE OF FAIR COMMENT: Fair commentaries on matters ofpublic and interest are privileged constitute a valid defense in anaction for libel or slander.

      In order that a discreditable imputation to a public      official may be actionable, it must either be:         - A false allegation of fact; OR         - A comment based on a false supposition.

Ayer Productions v. Capulong (1988)PUBLIC FIGURE – one who, by his accomplishments, fame, mode of living, OR by adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs and his character, has become a “public personage”

Borjal v. CA (1999)For a statement to be considered malicious, it must be shown that it was written or published with the knowledge that they are false OR in reckless disregard of WON they were false

RECKLESS DISREGARD – the defendant entertains serious doubt as to the truth of the publication, OR that he possesses a high degree of awareness of their probable falsity

To avoid self-censorship that would necessarily accompany strict liability for erroneous statements, rules governing liability for injury to reputation are required to allow an adequate margin of error by protecting some inaccuracies.

Requirement of PubilictyART.354

ARTICLE 354. Requirement for Publicity. — Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases:1. A private communication made by any person to another in the performance of any legal, moral or social duty; and2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions.

Kinds of privileged communication:1. Absolutely privileged – not actionable even if the actor has acted in bad faith;2. Qualifiedly privileged – those which, although containing defamatory imputations, are not actionable unless made with malice or bad faith.

General Rule: Every defamatory imputation is presumed malicious,even if it be true, if no good intention and justifiable motive for making it is shown.

Exceptions:1. private communication in performance of legal, moral or social duty2. Requisites:a. That the person who made the communication had a legal, moral or social duty to make the communication or at least he had an interest to be upheld;b. That the communication is addressed to an officer or a board, or superior, having some interest or duty on the matter; andc. That the statements in the communication are made in good faith without malice in fact.3. fair and true report of official proceedings, made in good faith, without any comments and remarks4. Requisites:a. That the publication of a report of an official proceeding is a fair and true report of a judicial, legislative, or other official proceedings which are not of confidential nature, or of a statement, report, or speech delivered in said proceedings, or of any other act performed by a public officer in the exercise of his functions;b. That it is made in good faith; andc. That it is made without any comments or remarks

Prosecution must prove malice in fact to convict the accused incase of qualified privileged communication

The privilege simply does away with presumption of malice

Absolute Privileged Communication: not actionable even if donein bad faith – statements made by members of Congress indischarge of functions, Judicial Proceedings when pertinentand relevant to subject of inquiry

Qualified privilege is lost by proof of malice

Applying to wrong person due to honest mistake does not takecase out of the privilege

Unnecessary publicity destroys good faith

Defense of privileged communication in paragraph 1: will be rejected if it is shown that accused acted with malice in factand there is no reasonable ground for believing the charge to be true(for example, no personal investigation made; probable cause in belief is sufficient)

Malice in fact: rivalry or ill-ffeling existing at date of publication, intention to injure the reputation of offended party, motivated by hate and revenge

In proceedings, communication/ pleadings/others must be pertinent and material to subject matter to be covered by privilege

Only matters which are not confidential in nature may be published

Defamatory remarks and comments on the conduct or acts of public officers which are related to the discharge of their official duties will not constitute libel if defendant proves the truth of imputation; any attack upon private character on matters not related to discharge of official duties may be libelous

Conduct related to discharge of duties of public officers arematters of public interest

Mental, moral and physical fitness of candidates for public office may be object of criticism; criticism – does not follow a public man into his private life and domestic concerns

Statements made in self defense or in mutual controversy are often privileged; person libeled is justified to hit back with another libel

However, retaliation and vindictiveness cannot be basis of self-defense in defamation; self-defense must be on matters related to imputations made on person invoking defense

He who published what is true, and in good faith and for justifiable ends, incurs no responsibility

Libel By Means Of Writings Or Similar MeansART.355

ARTICLE 355. Libel by Means of Writing or Similar Means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prisión correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.

The means by which libel may be committed are writing, printing,lithography, engraving, radio, phonograph, painting, theatrical or cinematographic exhibitions, or any similar means.

Use of amplifier slander not libel.

Television program libel.

Penalty is in addition to civil liability

Libel may be absorbed in crime of threats if intent to threaten is principal aim and object.

If defamatory remarks are made in the heat of passion which culminated in a threat, the derogatory statements will not constitute an independent crime of libel but a part of the more serious crime of threats.

In a libel case filed in August 2006 against RP Nuclear Solutions and blogger Abe Olandres, the Pasig City Prosecutor dismissed the charges against them because they have no participation in the creation nor authority to modify the content of the site being hosted where the allegedly libelous remarks were posted.The prosecutor however ordered the filing of cases against two other respondents who never denied authorship of the posted comments.

It remains debatable when the moment of publication occurs withrespect to statements made over the Internet.   One view holds that there is publication once the statement   is uploaded or posted on a website.

The other view maintains that publication occurs only when another person gains access or reads the statement on the site.

Threatening To Publish Libel And Offer To Prevent Such Publication For A CompensationART.356

ARTICLE 356. Threatening to Publish and Offer to Prevent Such Publication for a Compensation. — The penalty of arresto mayor or a fine of from 200 to 2,000 pesos, or both, shall be imposed upon any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other members of the family of the latter, or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration.

ACTS PUNISHABLE:1. By threatening another to publish a libel concerning him, or   his parents, spouse, child, or other members of his family; or2. By offering to prevent the publication of such libel for   compensation, or money consideration.

BLACKMAIL as any unlawful extortion of money by threats ofaccusation and exposure is possible in the crimes of light threats (Art. 283) and in threat to publish libel (Art 356).

Blackmail can also be in the form of light threats, which ispunished under ARTICLE 283.

Prohibited Publication Of Acts Referred To In The Course Of Official ProceedingsARTICLE 357

ARTICLE 357. Prohibited Publication of Acts Referred to in the Course of Official Proceedings. — The penalty of arresto mayor or a fine of from 200 to 2,000 pesos, or both, shall be imposed upon any reporter, editor or manager of a newspaper, daily or magazine, who shall publish facts connected with the private life of another and offensive to the honor, virtue and reputation of said person, even though said publication be made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned.

ELEMENTS:1. That the offender is a reporter, editor or manager of a newspaper, daily or magazine;2. That he publishes facts connected with the private life of another; and3. That such facts are offensive to the honor, virtue and reputation of said person.

The prohibition to publish applies even such publication be made in connection w/ or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned.

Art. 357 constitutes the “Gag law” which bars from publication news reports on cases pertaining to adultery, divorce, issues about the legitimacy of children, etc.

Source of news report may not be revealed unless court or Congress finds such revelation is demanded by the security of the State

This article is referred to as the Gag Law.

Under RA 1477, a newspaper reporter cannot be compelled toreveal the source of the news report he made, UNLESS –     the court or a House or committee of Congress finds that

   such revelation is demanded by the security of the state.

Libel - Defamation is in writing. Print media Slander - is oral defamation. It can be grave or simple

Slander - Oral DefamationART.358

ARTICLE 358. Slander. — Oral defamation shall be punished by arresto mayor in its maximum period to prisión correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos.

KINDS OF ORAL DEFAMATION:1. Grave slander - defamation is of a serious and insulting nature;2. Simple slander - light insult or defamation.

FACTORS THAT DETERMINE GRAVITY OF THE OFFENSE:1. expressions used2. personal relations of the accused and the offended party,3. circumstances surrounding the case, and4. social standing and position of the victim.

Words uttered in the heat of anger constitute light oral defamation.

If the utterances were made publicly and were heard by manypeople and the accused at the same time pointed his finger atthe complainant, oral defamation is committed.

Slander By DeedART.359

ARTICLE 359. Slander by Deed. — The penalty of arresto mayor in its maximum period to prisión correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos.

ELEMENTS:1. That the offender performs any act not included in any other    crime against honor;2. That such act is performed in the presence of other person    or persons; and3. That such act casts dishonor, discredit or contempt upon the   offended party.

Seriousness of slander by deed depends on the social standing of offended party, the circumstances surrounding the act, the occasion

Distinctions:1. Unjust vexation - irritation or annoyance; anything that annoys or irritates without justification.2. Slander by deed - irritation or annoyance + attendant publicity and dishonor or contempt.3. Acts of lasciviousness - irritation or annoyance + any of the 3 circumstance provided in Art. 335 on rape (i.e. use of force or intimidation; deprivation of reason or rendering the offended unconscious; or if offended party was under 12 years old, together with lewd designs)

ALSO of two kinds:                   Simple                   Grave: of a serious nature

ACTUS REUS resulting in ANNOYANCE = UNJUST VEXATION

ACTUS REUS resulting in DAMAGE TO PROPERTY = MALICIOUS MISCHIEF

ACTUS REUS + PUBLICITY resulting in DISHONOR = SLANDER BY DEED

ACTUS REUS + CIRCUMSTANCES IN RAPE (NO CARNAL KNOWLEDGE) + LEWDDESIGNS = ACTS OF LASCIVIOUSNESS

SECTION TWOGeneral Provisions

Persons Responsible LibelART.360

ARTICLE 360. Persons Responsible. — Any person who shall publish, exhibit or cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same.

The author or editor of a book or pamphlet, or the editor or business manager of a daily newspaper, magazine or serial publication, shall be responsible for the defamation contained therein to the same extent as if he were the author thereof.The criminal action and the civil action for damages in cases of written defamation, as provided in this chapter, may be filed simultaneously or separately with the Court of First Instance of the province wherein the libel was published, displayed or exhibited, regardless of the place where the same was written, printed or composed.No criminal action for defamation which consists in the imputation of a crime which cannot be prosecuted de officio shall be brought except at the instance of and upon complaint expressly filed by the offended party.

PERSONS LIABLE:1. The person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means;2. The author or editor of a book or pamphlet;3. The editor or business manager of a daily newspaper magazine or serial publication; and4. The owner of the printing plant which publishes a libellous article with his consent and all other persons, who in any way participate in or have connection with its publication.

VENUE OF CRIMINAL AND CIVIL ACTION FOR DAMAGES IN CASES OF  WRITTEN DEFAMATION:1. where the libelous article is printed and 1st published, or2. where any of the offended parties actually resides at the time of the commission of the offense, or3. where one of the offended parties is a public officer:   a. if his office is in the City of Manila, with the RTC of Manila, or the city/province where the article is printed and 1st published   b. otherwise, with the RTC of the city/province where he held office at the time of offense; or where the article is 1st published, or4. where one of the offended parties is a private individual, with the RTC of province/city where he actually resides at the time of the crime or where the article was printed or 1st published.

Complaint for defamation imputing a private crime (i.e. adultery, concubinage, seduction, abduction, and acts of lasciviousness) must be filed by the offended party.

Person who publishes libelous letter written by offended party is liable (publishing and not composing is the prime requisite of crime)

Liability of editor is same as author

Limitations of venue: in order to minimize interference with public function if a public officer, and also to avoid unnecessary harassment of accused(to limit out-of-town libel suits)

Actual damages need not be proved where publication is libelousper se

Action for exemplary damages may be awarded if action is basedon quasi-delict

No remedy for damages for slander or libel in case of absolutelyprivileged communication

Under Republic Act no. 8792, otherwise known as the ElectronicCommerce Act, a party or person acting as a service providerincurs NO civil or criminal liability in the making, publication,dissemination or distribution of libelous material if:a) the service provider does not have actual knowledge, or is not aware of the facts or circumstances from which it is apparent that making, publication, dissemination or distribution of such material is unlawful or infringes any rights;

b) the service provider does not knowingly receive a financial benefit directly attributable to the infringing activity;

c) the service provider does not directly commit any infringement or other unlawful act and does not induce or cause another person or party to commit any infringement or other unlawful act and/or does not benefit financially from the infringing activity or unlawful act of another person or party (Section 30, in relation to Section 5, E- Commerce Law

Proof Of The TruthART.361

ARTICLE 361. Proof of the Truth. — In every criminal prosecution for libel, the truth may be given in evidence to the court and if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends, the defendants shall be acquitted.Proof of the truth of an imputation of an act or omission not constituting a crime shall not be admitted, unless the imputation shall have been made against Government employees with respect to facts related to the discharge of their official duties.In such cases if the defendant proves the truth of the imputation made by him, he shall be acquitted.

PROOF OF TRUTH IS ADMISSIBLE WHEN:1. the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer, or2. the offended party is a government employee, even if the act or omission imputed does not constitute a crime, provided, it is related to the discharge of his official duties.REQUISITES FOR ACQUITTAL FROM A LIBEL CHARGE :1. it appears that the matter charged as libelous is TRUE   (for situations (a) and (b) above); and2. it was published with good motives and for a justifiable end   (for situation (a) only).

The proof of the truth of the accusation cannot be made to rest upon mere hearsay, rumors, or suspicion but upon positive, direct evidence upon which a definite finding may be made by the court.

An imputation that a person has contagious disease might underordinary circumstances be defamatory but loses such characterwhen made with good intention and justifiable motive

There is no libel when there is no malice

Retraction may mitigate the damages; if article is libelousper se, publication due to honest mistake is only mitigating

RULE OF ACTUAL MALICE: Even if the defamatory statement isfalse, NO liability can attach IF it relates to officialconduct, UNLESS ---   - The public official concerned proves that the statement was made with actual malice, i.e., with knowledge that it was false or with reckless disregard of whether it was false or not

Libelous RemarksART.362

ARTICLE 362. Libelous Remarks. — Libelous remarks or comments connected with the matter privileged under the provisions of article 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability.

Libelous remarks or comments on privileged matters (under Art. 354), if made with malice in fact, will not exempt the author and editor or managing editor of a newspaper from criminal liability.

This article is a limitation to the defense of privileged communication. Even if matter is privileged and malice in fact is proved, author and editor is liable

Author/editor of publication who distorts, mutilates or discolors official proceedings reported by him, or add comments thereon to cast aspersion on character of parties concerned is guilty of libel

CHAPTER TWOIncriminatory Machinations

Incriminating Innocent PersonART.363

ARTICLE 363. Incriminating Innocent Person. — Any person who, by any act not constituting perjury, shall directly incriminate or impute to an innocent person the commission of a crime, shall be punished by arresto mayor.

ELEMENTS:1. That the offender performs an act;2. That by such act he directly incriminates or imputes to an   innocent person the commission of a crime; and3. That such act does not constitute perjury.

2 KINDS OF INCRIMINATING AN INNOCENT PERSON:1. Making a statement which constitutes:   a. defamation, or   b. perjury (if made under oath and is false)2. Planting evidence

Art 363 is limited to planting evidence and the like, whichtend directly to cause false prosecution.

Incriminatory machinations distinguished from defamation – doesnot avail himself of written or spoken words

There is a complex crime of incriminating an innocent personthrough unlawful arrest.

As far as this crime is concerned, this has been interpretedto be possible only in the so-called planting of evidence.   - If this act is resorted to, to enable officers to arrest the subject, the crime is unlawful arrest through incriminating innocent persons.

Art.363. Incriminating Innocent Person

Intriguing Against Honor

ARTICLE 364. Intriguing Against Honor. — The penalty of arresto menor or fine not exceeding 200 pesos shall be imposed for any intrigue which has for its principal purpose to blemish the honor or reputation of a person.

This felony is committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person. It is committed by saying to others an unattributable thing, that if it said to the person himself, slander is committed.

Intriguing against honor refers to any scheme or plot designed to blemish the reputation of another by means w/c consist of some trickery.

The intrigue is resorted to to blemish honor or reputation ofanother person

Must be committed by means of some tricky and secret plot, andnot gossiping which falls under defamation

Where the source or author of derogatory information cannot bedetermined and defendant passes it to others, defendant’s act is one of intriguing against honor; if it came from a definite source, crime is slander.

Intriguing against honor is referred to as gossiping: the offender, without ascertaining the truth of a defamatory utterance, repeats the same and pass it on to another, to the damage of the offended party.

This crime is committed by any person who shall make anyintrigue which has for its principal purpose to blemish thehonor or reputation of another person.

Intriguing Against Honor

TITLE FOURTEENQuasi Offenses

SOLE CHAPTERCriminal Negligence

Criminal NegligenceArt.365.

ARTICLE 365. Imprudence and Negligence. — Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period to prisión correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed.Any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if it would have constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be imposed.When the execution of the act covered by this article shall have only resulted in damage to the property of another, the offender shall be punished by a fine ranging from an amount equal to the value of said damages to three times such value, but which shall in no case be less than 25 pesos.A fine not exceeding 200 pesos and censure shall be imposed upon any person who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony.In the imposition of these penalties, the court shall exercise their sound discretion, without regard to the rules prescribed in article 62.The provisions contained in this article shall not be applicable:1. When the penalty provided for the offense is equal to or lower than those provided in the first two paragraphs of this article, in which case the court shall impose the penalty next lower in degree than that which should be imposed, in the period which they may deem proper to apply.2. When, by imprudence or negligence and with violation of the Automobile Law, the death of a person shall be caused, in which case the defendant shall be punished by prisión correccional in its medium and maximum periods.Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place.Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest.

IMPRUDENCE AND NEGLIGENCE

QUASI-OFFENSES ARE COMMITTED IN 4 WAYS:1. By committing through reckless imprudence any act which, had it been intentional, would constitute a grave or less grave felony or light felony;2. By committing through simple imprudence or negligence an act w/c would otherwise constitute a grave or a less serious felony;3. By causing damage to the property of another through reckless imprudence or simple imprudence or negligence; or4. By causing through simple imprudence or negligence some wrong w/c, if done maliciously, would have constitutes a light felony.

ELEMENTS OF RECKLESS IMPRUDENCE:1. That the offender does or fails to do an act;2. That the doing of or the failure to do that act is voluntary;3. That it be without malice;4. That material damage results; and5. That there is inexcusable lack of precaution on the part of the offender, taking into consideration   a. his employment or occupation,

   b. degree of intelligence, physical condition, and   c. other circumstances regarding persons, time and place.

ELEMENTS OF SIMPLE IMPRUDENCE:1. That there is lack of precaution on the part of the offender; and2. That the damage impending to be caused is not immediate or the danger is not clearly manifest.

Art. 64 on mitigating and aggravating circumstances is not applicable in quasi-offenses.

Qualifying circumstance in quasi-offenses: The offender’s failure to lend on-the-spot assistance to the victim of his negligence.

Abandoning one’s victim is usually punishable under Art. 275. But if it is charged under Art. 365, it is only a qualifying circumstance, and if not alleged, it cannot even be an aggravating circumstance.

Imprudence or Negligence is not a crime in itself, but simply a way of committing a crime.

If the danger that may result from the criminal negligence is clearly perceivable, the imprudence is RECKLESS. If it could hardly be perceived, the criminal negligence would only be simple.

Criminal negligence is only a modality in incurring criminal liability. THEREFORE, even if there are several results arising from ONLY ONE CARELESSNESS, the accused may only be prosecuted under one count for the criminal negligence. Otherwise, double jeopardy would arise.

Technical term “Reckless Imprudence resulting in Homicide”; what is punished is not the act itself but the mental attitude or condition behind the act.

Negligence is a quasi-offense. What is punished is not the effect of the negligence but the recklessness of the accused.Test of Negligence: Would a prudent man foresee harm as a reasonable consequence of the course about to be pursued? Reasonable foresight of harm, followed by ignoring of admonition born of this provision.

Reckless Imprudence v. Force Majeure: Force Majeure is an event that cannot be foreseen, or which being foreseen is inevitable; implies an extraordinary circumstance independent of will of actor; in reckless imprudence damage or injury may be preventable by exercise of reasonable care and threatened upon conduct about to be pursued by the actor.

Contributory negligence of offended party is not a defense but only mitigates criminal liability.

Last Clear Chance Rule – The contributory negligence of the injured party will not defeat the action if it be shown that the accused might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party.

Emergency Rule: A person confronted with emergency may be left with no time for thought, must make speedy decision based on impulse or instinct, and cannot be held liable for same conduct as one who had opportunity to reflect; applicable only when situation that arises is sudden and unexpected, and is such as to deprive him of all opportunity for deliberation Ex. An automobile driver, who, by the negligence of another, is suddenly placed in an emergency andcompelled to act instantly to avoid a collision or injury is not guilty of negligence if he makes a choice which a person of ordinary prudence placed in such a position might make even though he did not make the wisest choice.

Emergency Rule (as a defense): one who suddenly finds himself in a place of danger, and is required to act without time to consider the best means that may be adopted to avoid the impending danger, is NOT guilty of negligence, if he fails to adopt what subsequently and upon reflection may appear to have been a better method UNLESS the emergency in which he finds himself is brought about by his own negligence.

Violation of a rule or regulation or law is proof of negligence.

Reyes v. Sis. of Mercy Hospital (2000)  Elements  involved in medical negligence cases:    1. Duty    2. Breach    3. Injury    4. Proximate causation

Garcia-Rueda v. Pascasio (1997)MEDICAL MALPRACTICE, which is a form of negligence, consists in the failure of a physician or surgeon to apply to his practice of medicine that degree of care and skill which is ordinarily employed by the profession generally, under similar conditions, and in like surrounding circumstances.

Carillo v. People (1994)The gravamen of SIMPLE NEGLIGENCE is the failure to exercise the diligence necessitated or called for by the situation which was NOT immediately life- destructive BUT which culminated, as in the present case, in the death of a human being 3 days later.