Criminal Law 2 Finals Reviewer

CRIMINAL LAW 2 – FINALS YSRefran Page 1 of 22

INTENT → ACT → RESULT → INJURY & PENALTY

CRIMES AGAINST PERSONS

246. PARRICIDEElements: 1) PERSON is KILLED2) DECEASED is KILLED BY ACCUSED3) DECEASED is RELATED TO ACCUSED:- (IL) LEGIT PARENT/CHILD- LEGIT other ASCENDANT/DESCENDANT- LEGIT SPOUSE

PARRICIDE INFANTICIDE- based on RELATIONSHIP - based on AGE OF CHILD- committed only by RELATIVES enumerated

- may be committed by STRANGERS

- CONSPIRACY INAPPLICABLE. Separate info must be filed

- CONSPIRACY APPLICABLE. Only one info filed

- concealing mother’s dishonor not a mitigating circumstance

- concealing mother’s dishonor is mitigating

+ RELATIONSHIP MUST BE ALLEGED IN INFO- LEGIT except for parent and child- DIRECT LINE- BY BLOOD except for spouse

247. DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCESReq’ts: 1) LEGALLY MARRIED PERSON/PARENT SURPRISES SPOUSE/DAUGHTER (latter under 18 and living w/ parent) IN ACT OF COMMITTING SEXUAL INTERCOURSE W/ ANOTHER PERSON2) S/he KILLS ANY OR BOTH OR INFLICTS upon any or both SERIOUS PHYSICAL INJURY IN THE ACT OR IMMEDIATELY THEREAFTER3) S/he HASN’T PROMOTED OR FACILITATED PROSTITUTION of wife/daughter, or HASN’T CONSENTED TO other spouse’s INFIDELITY

+ Destierro imposed for the protection of the accused against retaliation+ DEATH caused must be the PROXIMATE RESULT OF OUTRAGE OVERWHELMING the ACCUSED. Killing should’ve been actually motivated by the same blind impulse – KILLING DIRECT BY-PRODUCT OF ACCUSED’S RAGE+ ACCUSED LIABLE for consequence of his NEGLIGENCE, such as when 3RD PERSONS IN THE VICINITY ARE HURT IN THE COURSE

248. MURDER+ Unlawful KILLING of any person which ISN’T PARRICIDE OR INFANTICIDE, provided any of the enumerated circumstances is presentElements: 1) PERSON was KILLED2) ACCUSED KILLED PERSON3) KILLING ATTENDED BY ANY OF FF. QUALIFYING CIRCUSTANCES:

- TREACHERY, taking advantage of SUPERIOR STRENGTH, w/ AID OF ARMED MEN, employing means to afford IMPUNITY- In consideration of PRICE, REWARD, PROMISE- By means of inundation, FIRE, ETC. or any other means involving great waste and ruin- On occasion of any PUBLIC CALAMITY- W/ EVIDENT PREMEDITATION- W/ CRUELTY, or OUTRAGING OR SCOFFING AT VIC’S PERSON OR CORPSE4) Killing ISN’T PARRICIDE OR INFANTICIDE

+ CIRCUMSTANCES must be ALLEGED IN INFO & PROVED IN TRIAL+ INTENT TO KILL NEEDED to be liable for par. 3 (fire, poison, explosion, etc.)+ KILLING & ___ = ___

- RELATIONSHIP, PARRICIDE- QUALIFYING CIRCUMSTANCE, MURDER- NOT > 3 DAYS OLD, INFANTICIDE

+ Treachery – purposeful adoption of means such that victim couldn’t have anticipated and he wasn’t in a position to defend himself+ Price, reward, promise (at least 2 are liable) – must’ve been the motivation for the killing+ Evident premeditation – intent to do something & planned result+ Inundation, fire, poison – latter is something capable of causing death & evinces purposeful adoption of means+ Calamity – must’ve facilitated the commission of the crime by concealing it as it’s done; take advantage of confusion+ Cruelty – inflict unnecessary injuries (doesn’t cause death); prolonging the agony before killing

249. HOMICIDE+ Unlawful KILLING of any person W/C DOESN’T CONSTITUTE PARRICIDE, MURDER, OR INFANTICIDEElements:1) PERSON was KILLED2) ACCUSED KILLED HIM W/O ANY JUSTIFYING CIRCUMSTANCE3) Accused had INTENTION TO KILL, w/c is PRESUMED4) Killing WASN’T ATTENDED BY ANY OF QUALIFYING CIRCUMSTANCES OF MURDER, OR by that of PARRICIDE OR INFANTICIDE

+ EVIDENCE OF INTENT TO KILL IMPORTANT only IN ATTEMPTED OR FRUSTRATED HOMICIDE+ INTENT TO KILL usually shown by WEAPON USED AND NATURE & LOCATION OF WOUND+ There’s a presumption of intention to kill+ USE OF UNLICENSED FIREARM is an AGGRAVATING CIRCUMSTANCE in homicide+ ACCIDENTAL HOMICIDE: death of a person brought about by a lawful act performed with proper care and skill, and without homicidal intent

250. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE

251. DEATH CAUSED IN A TUMULTUOUS AFFRAYElements: 1) SEVERAL PERSONS

2ND SEMESTER, AY 2008-2009


2) DIDN’T COMPOSE GROUPS ORGANIZED FOR ASSAULTING & ATTACKING EACH OTHER reciprocally3) PERSONS QUARRELLED & ASSAULTED ONE ANOTHER IN CONFUSED & TUMULTUOUS MANNER4) SOMEONE was KILLED in course of affray5) CAN’T BE ASCERTAINED WHO KILLED DECEASED6) PERSONS WHO INFLICTED SERIOUS PHYSICAL INJURIES OR USED VIOLENCE CAN BE IDENTIFIED

+ Per 153: TUMULTUOUS = AT LEAST 4 PERSONS TOOK PART+ Those who used violence only upon vic’s person are liable for 251 only if it can’t be determined who inflicted the serious physical injuries on the deceased

252. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAYElements:1) TUMULTUOUS AFFRAY2) PARTICIPANT/S SUFFER (LESS) SERIOUS PHYSICAL INJURIES3) PERSON RESPONSIBLE CAN’T BE IDENTIFIED4) ALL those WHO APPEAR TO HAVE USED VIOLENCE UPON PERSON OF OFFENDED PARTY are KNOWN

253. GIVING ASSISTANCE TO SUICIDEPunished acts:1) ASSISTING ANOTHER TO COMMIT SUICIDE, WHETHER suicide is CONSUMMATED OR NOT2) LENDING his ASSISTANCE TO ANOTHER TO COMMIT SUICIDE TO the EXTENT OF DOING THE KILLING HIMSELF

+ NECESSARY that the INITIATIVE COMES FROM SICK PERSON – WHAT IS PUNISHED IS ASSISTANCE IN the COMMISSION OF SUICIDE+ PERSON WHO ATTEMPTS to commit SUICIDE NOT CRIMINALLY LIABLE

254. DISCHARGE OF FIREARMSElements:1) ACCUSED SHOT AT ANOTHER person W/ A FIREARM2) Accused had NO INTENTION TO KILL

+ OFFENDER’S PURPOSE: INTIMIDATE OR FRIGHTEN OFFENDED PARTY

255. INFANTICIDE+ KILLING OF any CHILD LESS THAN 3 DAYS OLDElements:1) CHILD was KILLED2) DECEASED child was < 3 DAYS (72 HRS) OF AGE3) ACCUSED KILLED SAID CHILD

+ BASIS of crime: AGE OF CHILD+ ONLY THE MOTHER & MATERNAL GRANDPARENTS OF THE CHILD are ENTITLED TO the MITIGATING CIRCUMSTANCE OF CONCEALING THE DISHONOR

256. INTENTIONAL ABORTIONElements:1) PREGNANT WOMAN2) ONE OF THE FF:- VIOLENCE is EXERTED- DRUGS/BEVERAGES ADMINISTERED W/O WOMAN’S CONSENT

- ACCUSED ACTS UPON SUCH PREGNANT WOMAN W/ HER CONSENT3) As a RESULT OF #2, FETUS DIES, ETIHER IN THE WOMB OR AFTER HAVING BEEN EXPELLED THEREFROM4) ABORTION is INTENDED

+ PERSON WHO INTENTIONALLY CAUSED ABORTION LIABLE. If WOMAN CONSENTED, SHE’S LIABLE UNDER 258+ If FETUS could SUSTAIN INDEPENDENT LIFE AFTER ITS SEPARATION FROM the MATERNAL WOMB, AND IT’S KILLED, crime is INFANTICIDE

257. UNINTENTIONAL ABORTIONElements:1) PREGNANT WOMAN2) VIOLENCE USED UPON SUCH PREGNANT WOMAN W/O INTENDING AN ABORTION3) VIOLENCE is INTENTIONALLY EXERTED4) As a RESULT OF VIOLENCE THE FETUS DIES, either IN THE WOMB OR AFTER HAVING BEEN EXPELLED THEREFROM

+ Violence is used without intending abortion+ May be COMMITTED BY STRANGERS+ NO INTENTION TO CAUSE ABORTION + NO VIOLENCE = NO ABORTION OF ANY KIND. Can’t be unintentional abortion because no violence was used

258. ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTSElements:1) PREGNANT WOMAN WHO SUFFERED an ABORTION2) ABORTION is INTENDED3) ABORTION is CAUSED BY- PREGNANT WOMAN herself- ANY OTHER PERSON, W/ HER CONSENT- ANY OF HER PARENTS, W/ HER CONSENT FOR the purpose of CONCEALING HER DISHONOR

+ NO MITIGATION FOR PREGNANT WOMAN’S PARENTS unlike in infanticide

259. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVESElements:1) PREGNANT WOMAN WHO SUFFERED an ABORTION2) ABORTION is INTENDED3) OFFENDER, who’s a PHYSICIAN OR MIDWIFE, CAUSED OR ASSISTED IN CAUSING the ABORTION4) Said PHYSICIAN/MIDWIFE TOOK ADVANTAGE OF HIS/HER SCIENTIFIC KNOWLEDGE/SKILLAs to pharmacists:1) Offender is a PHARMACIST2) NO PROPER PRESCRIPTION FROM a PHYSICIAN3) Offender DISPENSES ANY ABORTIVE

260. RESPONSIBILITY OF PARTICIPANTS IN A DUELPunished acts:1) KILLING one’s ADVERSARY IN A DUEL2) INFLICTING UPON such ADVERSARY PHYSICAL INJURIES3) MAKING A COMBAT although no physical injuries have been inflicted



Persons liable:1) PERSON WHO KILLED OR INFLICTED PHYSICAL INJURIES UPON HIS ADVERSARY, OR BOTH COMBATANTS IN ANY OTHER CASE, as principals2) SECONDS, as accomplices

261. CHALLENGING TO A DUELPunished acts:1) CHALLENGING ANOTHER TO A DUEL2) INCITING ANOTHER TO GIVE OR ACCEPT a CHALLENGE TO A DUEL3) SCOFFING AT OR DECRYING ANOTHER PUBLICLY FOR HAVING REFUSED TO ACCEPT A CHALLENGE TO FIGHT A DUEL

+ Immediate vindication of one’s honor+ Prohibited – it’s an extralegal means of resolving disputes; contravention of the justice system

262. MUTILATION+ LOPPING OR CLIPPING OFF OF SOME BODY PARTPunished acts and elements:1) INTENTIONALLY MUTILATING ANOTHER BY DEPRIVING HIM, TOTALLY OR PARTIALLY, OF some ESSENTIAL ORGAN FOR REPRODUCTION

a) CASTRATION (mutilation of organs necessary for generation, such as the penis or ovarium)

b) MUTILATION is CAUSED PURPOSELY & DELIBERATELY, that is, to deprive offended party of some essential organ for reproduction2) INTENTIONALLY MAKING OTHER MUTILATION, other than the essential reproductive organ, TO DEPRIVE HIM OF THAT PART OF HIS BODY

a) MUTILATION INVOLVING BODY PART OTHER THAN an ORGAN FOR REPRODUCTION

b) MUTILATION DONE w/ deliberate purpose of DEPRIVING A PERSON OF THAT BODY PART

263. SERIOUS PHYSICAL INJURIESHow committed:1) Wounding2) Beating3) Assaulting4) Administering injurious substance

Classes1) Injured person becomes INSANE, IMBECILE, IMPOTENT, OR BLIND2) Injured person

a) LOSES USE OF SPEECH OR POWER TO HEAR/SMELL, OR LOSES EYE/HAND/FOOT/ARM/LEG

b) LOSES USE OF ANY SUCH MEMBERc) Becomes INCAPACITATED FOR WORK he

was HABITUALLY ENGAGED3) Injured person

a) DEFORMEDb) LOSES ANY OTHER MEMBER OF HIS BODYc) LOSES USE THEREOFd) Becomes ILL OR INCAPACITATED FOR

PERFORMANCE OF WORK he was HABITUALLY ENGAGED IN FOR >90 DAYS4) Becomes ILL OR INCAPACITATED FOR LABOR FOR 30≤x≤90 DAYS as a result of physical injuries inflicted

+ MAY BE COMMITTED BY RECKLESS IMPRUDENCE, OR by SIMPLE IMPRUDENCE OR NEGLIGENCE

+ Must be NO INTENT TO KILL. If there’s intent to kill, the crime is attempted or frustrated homicide/murder+ Serious physical injuries by EXCESSIVE CHASTISEMENT BY PARENTS aren’t qualified

264. ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGESElements:1) OFFENDER INFLICTED any SERIOUS PHYSICAL INJURY UPON ANOTHER2) Done by KNOWINGLY ADMINISTERING TO HIM any INJURIOUS SUBSTANCES OR BEVERAGES OR BY TAKING ADVANTAGE OF his WEAKNESS OF MIND OR CREDULITY3) Had NO INTENT TO KILL

265. LESS SERIOUS PHYSICAL INJURIESElements:1) OFFENDED PARTY INCAPACITATED FOR LABOR OR NEEDS MEDICAL ASSISTANCE FOR 10≤x<30 DAYS2) PHYSICAL INJURIES NOT THOSE DESCRIBED IN PRECEDING ARTS.

Qualified less serious physical injuries when:1) There’s MANIFEST INTENT TO INSULT OR OFFEND INJURED PERSON2) Vic is either

a) Offender’s PARENTS, ASCENDANTS, GUARDIANS, CURATORS, OR TEACHERS

b) Persons OF RANK OR IN AUTHORITY, PROVIDED the CRIME ISN’T DIRECT ASSAULT

266. SLIGHT PHYSICAL INJURIES AND MALTREATMENTSPunished acts:1) Physical injuries w/c INCAPACITATED OFFENDED PARTY FOR LABOR OR REQUIRED MEDICAL ATTENDANCE FROM 1≤x≤9 DAYS2) Physical injuries w/c DIDN’T PREVENT OFFENDED PARTY FROM ENGAGING IN HABITUAL WORK OR DIDN’T REQUIRE MEDICAL ATTENDANCE3) ILL-TREATMENT OF ANOTHER BY DEED W/O CAUSING ANY INJURY

+ It’s only slight physical injury when there’s no medical attendance or incapacity for labor+ ONLY SLIGHT PHYSICAL INJURIES when there’s NO EVIDENCE OF ACTUAL INJURY

RA 8049 – HAZING REGULATION ACT+ Hazing: INITIATION rite or practice AS PREREQUISITE FOR ADMISSION INTO membership in a FRAT/SORO/ORG BY PLACING the APPLICANT IN SOME EMBARRASSING OR HUMILIATIONS OR otherwise subjecting him to PHYSICAL OR PSYCHOLOGICAL SUFFERING OR INJURY+ ORGANIZATION includes any club of the AFP, PNP, PMA, OR officer & cadet corps of CMT or CAT+ VIOLATIONS (if person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof) are MALA IN SE+ Enacted to address violent hazing incidents in schools+ Solution is more psycho-social than legal



RA 8353 – ANTI-RAPE LAW OF 1997+ Reclassified rape as a CRIME AGAINST PERSONS. Implications:1) It’s now a PUBLIC CRIME, W/C MAY BE PROSECUTED EVEN W/O INITIATIVE OF OFFENDED PARTY2) May be COMMITTED EVEN AGAINST MALES which wasn’t the case in crimes against chastity3) There is now an IMPOSSIBLE CRIME OF RAPE because impossible crimes can only be committed against persons [and property]

+ What the nature or context of sexual abuse is: POWER+ Gap in the law – what if the woman commits act on the man? Presumption of law is there’s no sexual intercourse unless there’s cooperation or willingness on the part of the man

266-A. RAPE, WHEN AND HOW COMMITTEDPar. 1 Elements:1) Offender is a MAN2) Offender HAD CARNAL KNOWLEDGE OF A WOMAN3) Such ACT is ACCOMPLISHED UNDER ANY OF THE FF. circumstances:

a) BY using FORCE OR INTIMIDATIONb) When the WOMAN is DEPRIVED OF REASON

OR otherwise UNCONSCIOUSc) BY means of FRAUDULENT MACHINATION

OR GRAVE ABUSE OF AUTHORITYd) When the WOMAN is UNDER 12 YRS OF AGE

OR DEMENTED

Par. 2 Elements:1) Offender commits ACT OF SEXUAL ASSAULT2) ACT of sexual assault is COMMITTED BY ANY OF THE FF. MEANS:

a) BY INSERTING HIS PENIS INTO ANOTHER’S MOUTH OR ANAL ORIFICE

b) BY INSERTING ANY INSTRUMENT OR OBJECT INTO THE GENITAL OR ANAL ORIFICE OF ANOTHER person3) ACT of sexual assault ACCOMPLISHED UNDER ANY OF THE FF. circumstances:

a) BY using FORCE OR INTIMIDATIONb) When the WOMAN is DEPRIVED OF REASON

OR otherwise UNCONSCIOUSc) BY means of FRAUDULENT MACHINATION

OR GRAVE ABUSE OF AUTHORITYd) When the WOMAN is UNDER 12 YRS OF AGE

OR DEMENTED

+ FORCE EMPLOYED against victim NEED NOT BE OF SUCH CHARACTER AS COULD BE RESISTED. Prosecution must prove that force or intimidation was actually employed by the offender upon his victim to achieve his end.

266-B. PENALTIESAGGRAVATING/QUALIFYING CIRCUMSTANCES – DEATH PENALTY1) VIC IS UNDER 18 YRS OLD and ACCUSED IS A RELATIVE (parent, ascendant, step-parent, guardian, relative by consanguinity or affinity w/in 3rd civil degree, or common-law spouse of victim’s parent)2) VIC IS UNDER POLICE OR MILITARY (or law enforcement or penal institution) CUSTODY

3) COMMITTED IN FULL VIEW of spouse, parent, any of the children or other relatives within the 3rd civil degree of consanguinity4) VIC IS ENGAGED IN LEGIT RELIGIOUS VOCATION or calling and is PERSONALLY KNOWN TO BE SUCH BY OFFENDER BEFORE OR AT THE TIME OF COMMISSION of the crime5) VIC is a CHILD BELOW 7 YRS OF AGE6) OFFENDER KNOWS HE’S AFFLICTED W/ HIV/AIDS OR OTHER STD AND DISEASE IS TRANSMITTED TO THE VIC7) COMMITTED BY MEMBER OF AFP, PNP, OR ANY LAW ENFORCEMENT AGENCY OR PENAL INSTITUTION, when OFFENDER TOOK ADVANTAGE OF HIS POSITION TO FACILITATE COMMISSION of the crime8) By reason or on occasion of the rape, VIC SUFFERED PERMANENT PHYSICAL MUTILATION OR DISABILITY9) OFFENDER KNEW of VIC’S PREGNANCY AT THE TIME OF COMMISSION of the crime10) OFFENDER KNEW of MENTAL DISABILITY, EMOTIONAL DISORDER, AND/OR PHYSICAL HANDICAP OF OFFENDED PARTY AT THE TIME OF COMMISSION of the crime

QUALIFYING CIRCUMSTANCES – RECLUSION PERPETUA1) USE OF DEADLY WEAPON OR BY 2 OR MORE PERSONS2) VIC BECOMES INSANE on the occasion or by reason of the rape3) RAPE IS ATTEMPTED & HOMICIDE IS COMMITTED by reason or on the occasion thereof

+ RELATIONSHIP & MINORITY (treated as special qualifying circumstances) MUST BE ALLEGED IN INFO+ IMPERATIVE UPON PROSECUTION TO ESTABLISH that the element of VOLUNTARINESS ON PART OF VICTIM BE ABSOLUTELY LACKING+ Crime of RAPE ABSORBS FORCIBLE ABDUCTION WHERE ACCUSED INTENDED AT VERY OUTSET TO RAPE VIC WHEN HE ABDUCTED HER+ Info must allege the circumstance/s

266-C. EFFECT OF PARDON1) SUBSEQUENT MARRIAGE BET. OFFENDER & OFFENDED PARTY EXTINGUISHES CRIMINAL ACTION OR PENALTY IMPOSED2) SUBSEQUENT FORGIVENESS BY THE WIFE, IN CASE LEGAL HUSBAND IS THE OFFENDER, EXTINGUISHES CRIMINAL ACTION OR PENALTY, UNLESS MARRIAGE IS VOID AB INITIO

+ All elements for valid marriage should be present

266-D. PRESUMPTIONSEVIDENCE which may be ACCEPTED IN PROSECUTION of rape:1) ANY PHYSICAL OVERT ACT MANIFESTING RESISTANCE AGAINST THE act of RAPE IN ANY DEGREE FROM the OFFENDED PARTY2) Where OFFENDED PARTY IS SO SITUATED AS TO RENDER HIM/HER INCAPABLE OF GIVING CONSENT

+ DIFFERENCE bet. RAPE and ACTS OF LASCIVIOUSNESS = PERPETRATOR’S INTENT



DEDUCIBLE FROM EXTERNAL ACTS. When the ‘touching’ of the vagina by offender’s penis is coupled w/ intent to penetrate, attempted rape is committed. Otherwise, it’s merely acts of lasciviousness.+ Term ‘OBJECT’ SHOULD BE CONSTRUED TO INCLUDE ‘FINGER’

RA 9262 – ANTI-VAWC+ Kinds of violence against women and their children

- Economic- Physical- Psychological- Sexual

+ Remedies- Criminal- Protection order (barangay, temporary,

permanent) + Barangays and courts directed not to settle the case – PROTECT, BUT DON’T TRY TO COMPEL SETTLEMENT+ BWS NOW A DEFENSE+ Gay relationships not included+ No requirement to address disadvantages suffered by men

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

267. KIDNAPPING AND SERIOUS ILLEGAL DETENTIONElements:1) OFFENDER is a PRIVATE INDIVIDUAL2) KIDNAPS OR DETAINS ANOTHER, or in any other manner DEPRIVES THE LATTER OF HIS LIBERTY3) ACT of kidnapping or detention must be ILLEGAL4) WHAT MAKES IT SERIOUS ILLEGAL DETENTION

a) Kidnapping LASTS FOR MORE THAN 3 DAYSb) It is COMMITTED SIMULATING PUBLIC

AUTHORITYc) Any SERIOUS PHYSICAL INJURIES ARE

INFLICTED UPON PERSON KIDNAPPED OR DETAINED OR THREATS TO KILL ARE MADE

d) Person detained is a MINOR, FEMALE, OR a PUBLIC OFFICER

+ ESSENTIAL ELEMENT: DEPRIVATION OF VIC’S LIBERTY – loss of freedom of liberty (mobility, communication, etc.)+ ABSENT SUCH determinant intent and duration of restraint, MERE CURTAILMENT OF FREEDOM OF MOVEMENT would AT MOST constitute COERCION+ May be committed by transporting the victim from one place to another or merely detaining him+ Important to DETERMINE AND PROVE FACT OF SEIZURE + RANSOM: payment that releases from captivity+ Spanish text is controlling in cases of conflict with English version+ Killing, rape or physical injuries are not separate crimes in themselves but are circumstances which convert the kidnapping into special complex crimes for the imposition of the maximum penalty+ RULE: Where person kidnapped is killed in the course of detention, regardless of whether the killing was purposely sought or merely an afterthought, the kidnapping and murder shall be punished as a special complex crime+ If in kidnapping the one killed was not the victim but a third person, there will be 2 separate offenses

- if such 3rd person is a policeman, the second crime will be direct assault w/ homicide

+ Where the TAKING OF the VIC was INCIDENTAL to the basic purpose to kill, the crime is only murder

+ DIFFERENCE BET. KIDNAPPING AND FORCIBLE ABDUCTION = PRESENCE/ABSENCE OF LEWD DESIGNS. Kidnapping w/ rape is a composite crime if the victim kidnapped was also raped provided INTENTION IS TO KIDNAP AND RAPE IS A MERE AFTERTHOUGHT. IF RAPE WAS THE INTENTION, the KIDNAPPING WILL BE ABSORBED because it’s the means to commit the rape.+ a) RAPE only if ORIGINAL INTENT IS RAPE, even if the victim was taken awayb) KIDNAPPING W/ RAPE if ORIGINAL INTENT IS TO KIDNAP & RAPE WAS merely AN AFTERTHOUGHTc) FORCIBLE ABDUCTION W/ RAPE if TAKING WAS W/ LEWD DESIGN & RAPE WAS COMMITTEDd) KIDNAPPING AND ATTEMPTED RAPE if the rape in b) was merely attemptede) FORCIBLE ABDUCTION only if the rape in c) was merely attempted

KIDNAPPING W/ RAPE FORCIBLE ABDUCTION W/ RAPE

Crime is COMPOSITE if woman kidnapped is also raped

Crime is COMPLEX since forcible abduction is a necessary means to commit the rape

NO lewd design There is LEWD DESIGNRape merely a QUALIFYING circumstance

Rape here ALSO A CRIME

Multiple rapes = ONLY ONE kidnapping w/ rape; others are AGGRAVATING

Multiple rapes = ONLY ONE RAPE COMPLEXED w/ forcible abduction. Other rapes treated as SEPARATE CRIMES

Rape merely ATTEMPTED – 2 SEPARATE CRIMES, kidnapping and attempted rape

Rape merely ATTEMPTED – ONLY FORCIBLE ABDUCTION; ATTEMPT to rape merely a MANIFESTATION of lewd design

268. SLIGHT ILLEGAL DETENTIONElements:1) OFFENDER is a PRIVATE INDIVIDUAL2) KIDNAPS OR DETAINS ANOTHER, or in any other manner DEPRIVES THE LATTER OF HIS LIBERTY3) ACT of kidnapping or detention must be ILLEGAL4) Crime is COMMITTED W/O ATTENDANCE OF ANY CIRCUMSTANCES ENUMERATED IN 267

+ VOLUNTARY RELEASE CAN MITIGATE PROVIDED 3 REQUISITES ARE PRESENT:1) RELEASE MADE W/IN 3 DAYS FROM COMMENCEMENT OF DETENTION2) BEFORE CRIMINAL PROSECUTION HAS BEEN COMMENCED3) BEFORE OFFENDER ACCOMPLISHED HIS PURPOSE

+ ACCOMPLICE WHO FURNISHED PLACE OF DETENTION is given SAME PENALTY AS THE PRINCIPAL



269. UNLAWFUL ARRESTElements:1) Offender ARRESTS OR DETAINS ANOTHER person2) PURPOSE of offender is to DELIVER HIM TO PROPER AUTHORITIES3) ARREST OR DETENTION is NOT AUTHORIZED BY LAW OR there is NO REASONABLE GROUND therefore

+ Not under circumstances in Rule 113 of Rules of Court on valid warrantless arrests+ If OFFENDER DIDN’T TURN OVER ARRESTED TO JUDICIAL AUTHORITIES = kidnapping+ If PUBLIC OFFICER FALSELY IMPUTES CRIME AGAINST A PERSON TO ARREST HIM & DOESN’T FILE OR INTEND TO FILE A CHARGE = arbitrary detention through unlawful arrest

270. KIDNAPPING AND FAILURE TO RETURN A MINORElements:1) Offender is ENTRUSTED W/ CUSTODY OF MINOR person2) DELIBERATELY FAILS TO RESTORE SAID MINOR TO HIS PARENTS OR GUARDIANS

+ What is penalized is the deliberate failure of custodian of minor to restore latter to his parents or guardians – such deliberate failure must also be persistent as to oblige parents/guardians to seek aid of courts to obtain custody.+ DELIBERATE: something more than mere negligence; must be premeditated, obstinate, headstrong, foolishly daring or intentionally and maliciously wrong

271. INDUCING A MINOR TO ABANDON HIS HOMEElements:1) MINOR (whether OVER OR ABOVE 7 years of age) is LIVING IN the HOME OF HIS PARENTS OR GUARDIANS OR PERSON ENTRUSTED W/ HIS CUSTODY2) Offender INDUCES SAID MINOR TO ABANDON SUCH HOME

+ Consider w/ 9208 – Anti-Trafficking in Persons

272. SLAVERYElements:1) Offender PURCHASES, SELLS, KIDNAPS OR DETAINS A HUMAN BEING2) PURPOSE of offender IS TO ENSLAVE SUCH HUMAN BEING

RA 7610, as amended – CHILD ABUSE LAW+ Children: PERSONS BELOW 18 YEARS OF AGE OR THOSE UNABLE TO FULLY TAKE CARE of themselves OR PROTECT THEMSELVES FROM ABUSE, NEGLECT, CRUELTY, EXPLOITATION OR DISCRIMINATION BECAUSE OF their AGE OR MENTAL DISABILITY OR CONDITION+ ANY kind of EMPLOYMENT WHICH RISKS PHYSICAL, MENTAL OR SPIRITUAL DEV’T OF THE CHILD IS CHILD EXPLOITATION+ Whether offender is liable for just one crime of child prostitution and other sexual abuse regardless of number of sexual acts allegedly committed by him and the number of children with whom he had sexual intercourse, or whether each act of intercourse constitutes one crime is a question that bears on the PRESENTATION OF EVIDENCE BY EITHER PARTY

+ Concerned with the sale of children for sex – more expansive coverage of trafficking in 9208+ Value: It can be COMBINED W/ CRIME IN RPC, INCREASE PENALTY

Elements:1) ACCUSED COMMITS ACT OF SEXUAL INTERCOURSE OR LASCIVIOUS CONDUCT2) Said ACT is PERFORMED WITH A CHILD EXPLOITED IN PROSTITUTION OR SUBJECTED TO OTHER SEXUAL ABUSE

a) For MONEY, PROFIT, OR ANY OTHER CONSIDERATION

b) UNDER the COERCION OR INFLUENCE OF ANY ADULT, SYNDICATE, OR GROUP3) CHILD, male or female, IS OR IS DEEMED UNDER 18 YRS OF AGE

273. EXPLOITATION OF CHILD LABORElements:1) Offender RETAINS A MINOR IN HIS SERVICES2) It is AGAINST THE WILL OF THE MINOR3) 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

274. SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBTElements:1) OFFENDER COMPELS DEBTOR TO WORK FOR HIM, either as a household servant or farm laborer2) It is AGAINST THE DEBTOR’S WILL3) PURPOSE is to REQUIRE OR ENFORCE PAYMENT OF A DEBT

275. ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIMPunished acts:Par. 1 Elements:1) UNINHABITED PLACE2) ACCUSED FOUND a PERSON WOUNDED OR IN DANGER OF DYING3) Accused CAN RENDER ASSISTANCE W/O DETRIMENT TO HIMSELF4) Accused FAILS TO RENDER ASSISTANCEPar. 2: FAILING TO HELP OR RENDER ASSISTANCE TO ANOTHER WHOM OFFENDER ACCIDENTALLY WOUNDED OR INJUREDPar. 3: FAILING TO DELIVER A CHILD, LESS THAN 7 YRS OF AGE, WHOM OFFENDER FOUND ABANDONED, TO THE AUTHORITIES OR to HIS FAMILY, OR BY FAILING TO TAKE HIM TO A SAFE PLACE

+ 275 (1) means no people are roaming around. Parks & other similar public places can’t be uninhabitedABANDONMENT – 275(2) ABANDONMENT – 365,

last par.Cause: ACCIDENT Cause: IMPRUDENCE OR

NEGLIGENCECRIME by itself QUALIFYING circumstanceCommitted with intent Punishes negligent act

+ It can be that there’s no other person to render assistance



+ Under the law, whether or not one’s at fault, there’s an obligation to stop and render appearance

276. ABANDONING A MINORElements:1) Offender HAS CUSTODY OF THE CHILD2) CHILD IS UNDER 7 YEARS OF AGE3) He ABANDONS SUCH CHILD4) He HAS NO INTENT TO KILL THE CHILD WHEN THE LATTER IS ABANDONED

+ If there’s clear intention to leave the child to die, it’s parricide (if offender is the parent)

277. ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF PARENTSPunished acts & respective elements:1) Delivering a minor to a public institution or other persons without the 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 proper authorities

a) Offender HAS CHARGE OF the REARING OR EDUCATION OF A MINOR

b) He DELIVERS SAID MINOR TO A PUBLIC INSTITUTION OR OTHER PERSONS

c) The ONE WHO ENTRUSTED such CHILD TO OFFENDER HASN’T CONSENTED TO SUCH ACT; OR if the one who entrusted such child to the offender is absent, PROPER AUTHORITIES HAVEN’T CONSENTED TO IT2) Neglecting his (offender’s) children by not giving them the education which their station in life requires and financial condition permits

a) Offender is a PARENTb) He NEGLECTS HIS CHILDREN BY NOT

GIVING THEM EDUCATIONc) His STATION IN LIFE REQUIRES SUCH

EDUCATION AND HIS FINANCIAL CONDITION PERMITS IT

278. EXPLOITATION OF MINORSPunished acts:1) Causing any boy or girl under 16 to perform any dangerous feat of balancing, physical strength, or contortion, the offender being any person2) Employing children under 16 who aren’t the children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer, the offender being an acrobat, etc. or circus manager or engaged in a similar calling3) Employing any descendant under 12 in dangerous exhibitions enumerated in #2, offender engaged in any of said callings4) Delivering a child under 16 gratuitously to any person following any of the callings enumerated in #2, or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher, or person entrusted in any capacity w/ the care of the child5) 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 #2 or to accompany any habitual vagrant or beggar, the offender being any person

279. ADDITIONAL PENALTIES FOR OTHER OFFENSES280. QUALIFIED TRESPASS TO DWELLING

Elements:1) Offender is a PRIVATE PERSON2) He ENTERS THE DWELLING OF ANOTHER3) SUCH ENTRANCE is AGAINST LATTER’S WILL

+ QUALIFIED trespass to dwelling IF COMMITTED BY MEANS OF VIOLENCE OR INTIMIDATION+ DWELLING = there’s an occupant+ CONDITION OF THE PLACE DETERMINES CRIME COMMITTED. If it’s a garage but it’s used as a residence, it’s trespass to dwelling+ ‘Against the will of the owner’ denotes (EXPRESS OR IMPLIED) prohibition against entering+ Entry THROUGH OPENING NOT INTENDED FOR INGRESS = PRESUMPTION that ENTRY IS AGAINST DWELLER’S WILL+ No qualification as to who should own the place. Thus, the crime may be committed against a boarder or a tenant and by the dwelling’s owner if his entry is against the present occupant’s will.+ INSTANCES WHERE NO TRESPASS CAN BE COMMITTED1) PURPOSE of entry is TO PREVENT some SERIOUS HARM TO PERSON ENTERING, OCCUPANTS, OR 3RD PERSONS2) PURPOSE of entry is TO RENDER some AID TO HUMANITY OR JUSTICE3) PLACES ENTERED are cafés, taverns, inns and similar places while open+ WHEN PERMISSION TO ENTER IS GIVEN by a household member with sufficient discretion, TRESPASS ISN’T COMMITTED+ IF PURPOSE OF ENTRY IS TO COMMIT A MORE SERIOUS CRIME & TRESPASSER HAS COMMENCED OVERT ACTS DIRECTLY RELATED TO THE MORE SERIOUS OFFENSE, dwelling becomes an aggravating circumstance

281. OTHER FORMS OF TRESPASSElements:1) Offender ENTERS CLOSED PREMISES OR FENCED ESTATE OF ANOTHER2) ENTRANCE IS MADE WHILE EITHER of them IS UNINHABITED3) PROHIBITION TO ENTER is MANIFEST4) TRESPASSER HASN’T SECURED PERMISSION OF OWNER OR CARETAKER THEREOF

+ Even discos, restaurants, etc. may be the object of trespass provided the place is closed for business at the time = trespass to property+ Closed gate is not a manifest prohibition+ Whole dormitory = closed premises

282. GRAVE THREATSPunished acts & respective elements:1) a) OFFENDER THREATENS ANOTHER person W/ INFLICTION UPON LATTER’S PERSON/HONOR/PROP, OR UPON THAT OF LATTER’S FAMILY, OF ANY WRONG b) SUCH WRONG AMOUNTS TO A CRIME c) There’s a DEMAND FOR MONEY OR ANY OTHER CONDITION IS IMPOSED, even though not lawful d) Offender ATTAINS HIS PURPOSE2) a) OFFENDER THREATENS ANOTHER person W/ INFLICTION UPON LATTER’S PERSON/HONOR/PROP,



OR UPON THAT OF LATTER’S FAMILY, OF ANY WRONG b) SUCH WRONG AMOUNTS TO A CRIME c) There’s a DEMAND FOR MONEY OR ANY OTHER CONDITION IS IMPOSED, even though not lawful d) Offender DOESN’T ATTAIN HIS PURPOSE3) a) OFFENDER THREATENS ANOTHER person W/ INFLICTION UPON LATTER’S PERSON/HONOR/PROP, OR UPON THAT OF LATTER’S FAMILY, OF ANY WRONG b) SUCH WRONG AMOUNTS TO A CRIME c) THREAT ISN’T SUBJECT TO A CONDITION

THREAT COERCIONHarm or wrong is FUTURE AND CONDITIONAL

Harm or wrong threatened is IMMEDIATE, PERSONAL, AND DIRECT

May be BY INTERMEDIARY OR IN WRITING

CANNOT BE through intermediary or in writing

GENERALLY committed by INTIMIDATION w/c is future and conditional

Generally by VIOLENCE, ALTHOUGH it may also be by INTIMIDATION if serious enough, direct, immediate, and personal

283. LIGHT THREATSElements:1) OFFENDER MAKES a THREAT TO COMMIT A WRONG2) The WRONG DOESN’T CONSTITUTE A CRIME3) There’s a DEMAND FOR MONEY OR THAT OTHER CONDITION IS IMPOSED, even though lawful4) Offender HAS ATTAINED HIS PURPOSE OR, that he has NOT ATTAINED HIS PURPOSE

+ Light threat is similar to BLACKMAILING. Wrong threatened doesn’t amount to a crime + demand for money or other condition

284. BOND FOR GOOD BEHAVIOR+ Discretion of the court to impose such in grave and light threats

285. OTHER LIGHT THREATSPunished acts:1) THREATENING ANOTHER W/ A WEAPON, OR DRAWING SUCH weapon IN A QUARREL, UNLESS it is IN LAWFUL SELF-DEFENSE2) ORALLY THREATENING ANOTHER, IN THE HEAT OF ANGER, W/ SOME HARM CONSTITUTING A CRIME, W/O PERSISTING IN THE IDEA involved IN HIS THREAT3) ORALLY THREATENING TO DO ANOTHER any HARM NOT CONSTITUTING A FELONY

KIND of threat CRIME W/ OR W/O CONDITION

GRAVE Y WITH OR W/O LIGHT N WITH OTHER LIGHT N W/O

286. GRAVE COERCIONSElements:1) PERSON PREVENTED ANOTHER FROM DOING SOMETHING NOT PROHIBITED BY LAW, OR he

COMPELLED HIM TO DO SOMETHING AGAINST HIS WILL, be it right or wrong2) PREVENTION OR COMPULSION was EFFECTED BY VIOLENCE, THREATS, OR INTIMIDATION3) PERSON THAT RESTRAINED will and liberty of another DIDN’T HAVE AUTHORITY OF LAW OR RIGHT TO DO SO, or in other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right

+ PURPOSE of law: PREVENT A PERSON FROM PUTTING THE LAW INTO HIS OWN HANDS+ KINDS of grave coercion1) PREVENTIVE: offender USES VIOLENCE TO PREVENT victim from doing an act NOT prohibited by law2) COMPULSIVE: offender USES VIOLENCE TO COMPEL victim from doing an act which MAY OR MAY NOT be prohibited by law+ Must be a force threatening great bodily harm that remains constant in controlling the will of the unwilling participant while the act is being performed and from which he can’t withdraw in safety+ THREATENING TO SUE TO COMPEL ENFORCEMENT OF AN OBLIGATION IS NOT THE ‘WRONG’ CONTEMPLATED BY LAW

If the INTIMIDATION IS… CRIME IS…IMMEDIATE BUT CONDITIONAL coupled with demand for money or any consideration

ROBBERY

FUTURE OR CONDITIONAL

THREAT

DIRECT, IMMEDIATE, & PERSONAL; OR SERIOUS ENOUGH

COERCION

287. LIGHT COERCIONSElements:1) Offender is a CREDITOR2) SEIZES ANYTHING BELONGING TO HIS DEBTOR3) SEIZURE of the thing was ACCOMPLISHED BY means of VIOLENCE OR A DISPLAY OF MATERIAL FORCE PRODUCING INTIMIDATION4) PURPOSE of offender is TO APPLY THE SAME TO THE PAYMENT OF THE DEBT

+ UNJUST VEXATION is a form of light coercion. It’s ANY FORM OF CAUSING ANNOYANCE OF ANOTHER PERSON. It MUST NOT AMOUNT TO DISHONOR OF ANOTHER

288. OTHER SIMILAR COERCIONSPunished acts & respective elements:1) a) Offender is ANY PERSON, AGENT OR OFFICER OF any ASSOCIATION OR CORPORATION b) HE OR SUCH FIRM HAS EMPLOYED LABORERS OR EMPLOYEES c) FORCES OR COMPELS, directly or indirectly, OR KNOWINGLY PERMITS TO BE FORCED OR COMPELLED, ANY OF HIS OR ITS LABORERS/EMPLOYEES TO PURCHASE MERCH OR COMMODITIES OF ANY KIND from him or from said firm2) a) Offender PAYS WAGES DUE HIS LABORER/EMPLOYEE BY means of TOKEN OR OBJECT b) Tokens or object are OTHER THAN LEGAL TENDER CURRENCY of the Philippines



c) Laborer or employee DOESN’T EXPRESSLY REQUEST THAT HE BE PAID BY SUCH means

289. FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATSElements:1) Offender EMPLOYS VIOLENCE OR THREATS in such a degree as TO COMPEL OR FORCE LABORERS OR EMPLOYEES IN free and legal exercise OF THEIR INDUSTRY OR WORK2) PURPOSE is TO ORGANIZE, MAINTAIN OR PREVENT COALITIONS, STRIKE OR LOCKOUT

290. DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCEElements:1) PRIVATE INDIVIDUAL OR PUBLIC OFFICER NOT IN EXERCISE OF HIS OFFICIAL FUNCTIONS2) SEIZES ANOTHER’S PAPERS OR LETTERS3) PURPOSE is TO DISCOVER THE SECRETS OF SUCH OTHER PERSON4) OFFENDER IS INFORMED OF the CONTENTS of seized papers and letters

+ LETTER must be OF CONFIDENTIAL CHARACTER. This crime can’t be committed if it’s an open letter or postcard+ IF PURPOSE OF SEIZURE is TO PREVENT ADDRESSEE FROM RECEIVING the CORRESPONDENCE, it’s MALICIOUS MISCHIEF. It’s ESTAFA IF OFFENDER KNEW ADDRESSEE MUST RECEIVE IT OTHERWISE LATTER WILL BE PREJUDICED+ PARENTS, GUARDIANS, AND PERSONS EXERCISING PARENTAL AUTHORITY OVER MINORS ARE EXEMPT because it’s within their authority to check minors’ activities. Same with HUSBAND AND WIFE to maintain fidelity provided they’re not legally separated and living apart.

291. REVEALING SECRETS WITH ABUSE OF OFFICEElements:1) MANAGER, EMPLOYEE, OR SERVANT2) LEARNS SECRETS OF HIS PRINCIPAL OR MASTER IN SUCH CAPACITY3) REVEALS SUCH SECRETS

292. REVELATION OF INDUSTRIAL SECRETSElements:1) PERSON IN CHARGE, EMPLOYEE OR WORKMAN OF MANUFACTURING OR INDUSTRIAL ESTABLISHMENT2) ESTABLISHMENT HAS INDUSTRY SECRET WHICH OFFENDER HAS LEARNED3) REVEALS SUCH SECRETS4) PREJUDICE IS CAUSED TO THE OWNER

CRIMES AGAINST PROPERTY+ Taking of another’s property out of his possession through violence, deceit, abuse of confidence, destruction+ Must allege in info that it belonged to a specific person

293. WHO ARE GUILTY OF ROBBERYElements:1) PERSONAL PROPERTY BELONGING TO ANOTHER2) UNLAWFUL TAKING of that property3) Taking must be WITH INTENT TO GAIN

4) There is VIOLENCE AGAINST OR INTIMIDATION OF ANY PERSON, OR FORCE UPON ANYTHING

+ ASPORTATION: requires taking of personal property out of the possession of the owner, without his privity and consent and without animus revertendi. Present once property is taken from the possession of the owner and taker has absolute control of the property+ INTENT TO GAIN (ANIMUS LUCRANDI): an internal act which can be established through the overt acts of the offender.

294. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS – PENALTIES+294 DEFINES & PENALIZES as COMPOSITE CRIMES OR SPECIAL COMPLEX CRIMES the ff.- ROBBERY WITH HOMICIDEElements:1) Taking of personal property w/ use of violence or intimidation against a person2) Property taken belongs to another3) Taking is characterized by intent to gain 4) On the occasion of the robbery or by reason thereof, homicide was committed- ROBBERY WITH RAPE- ROBBERY WITH INTENTIONAL MUTILATION- ROBBERY WITH ARSON- ROBBERY WITH PHYSICAL INJURIES- ROBBERY WITH UNNECESSARY VIOLENCEExcept for simple robbery under par 5 which isn’t a composite crime

+ HOMICIDE, RAPE, ETC. not separate crimes but CIRCUMSTANCES CHARACTERIZING THE VIOLENCE w/c makes the crime robbery & not theft+ NAPOLIS DOCTRINE: If BOTH VIOLENCE OR INTIMIDATION UPON PERSONS {294(4 & 5) [SIMPLE ROBBERY]} AND FORCE UPON THINGS (299/302) are EMPLOYED – SPECIAL COMPLEX CRIME of robbery with violence against or intimidation of persons and force upon things

Robbery W/ VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

Robbery W/ FORCE UPON THINGS

Former is MORE SERIOUS than the latterBased upon GRAVITY OF the VIOLENCE OR INTIMIDATION committed

Based upon VALUE OF THING TAKEN

When BOTH KINDS are present, FORMER SHALL TAKE PRECEDENCE OVER THE LATTER, unless penalty for robbery with force upon things is higher, in which case the crime shall be complexed – NAPOLIS DOCTRINE

+ 294(1) – homicide may be before or after the robbery PROVIDED THE TAKING IS NOT MERELY AN AFTERTHOUGHT+ CUANDO CON MOTIVO O CON OCCASION DEL ROBO RESULTARE HOMICIDIO (WHEN HAVING THE MOTIVE [to take] OR DURING THE OCCASION) – intent of the actor must supply the DIRECT connection between the homicide and the robbery to constitute the complex offense; happened during the robbery and there’s a logical connection (doesn’t need to be a necessary means or consequence)



+ Who can be liable for robbery with homicide – everyone who agreed and decided to commit the robbery; the killing can be traced to the robbery (consequence of taking)

+ GEN RULE: In a CONSPIRACY, THE ACT OF ONE IS THE ACT OF ALLEXCEPTION: Other/s couldn’t have known of one’s intent and act so that they could’ve attempted to prevent the same; one performs positive or overt acts in an effort to physically prevent same – logical connection is broken+ Who can be liable for robbery with rape – those who had knowledge of the rape and didn’t do anything to prevent it+ To be liable for robbery with rape, INTENT TO TAKE another’s personal property MUST PRECEDE THE RAPE+ All rapes are merged in the composite, so long as the rapes accompanied the robbery

+ To have ROBBERY W/ ARSON, the TAKING must ALREADY AMOUNT TO ROBBERY BEFORE THE BURNING. There must be violence or intimidation upon persons but without killing, rape, or mutilation in view of the sequence of priority of violence under 294, and thereafter the premises are burned

+ SNATCHING is ROBBERY IF SNATCHER EMPLOYED FORCE upon person whose valuables were snatched; THEFT IF NO ADDED FORCE in taking is employed except that necessary to effect the snatching

295. ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE AND BY A BAND, OR WITH THE USE OF FIREARM ON A STREET, ROAD, OR ALLEYRobbery W/ VIOLENCE AGAINST OR INTIMIDATION OF PERSON is QUALIFIED if it’s committed:1) In an UNINHABITED PLACE2) By a BAND (more than three armed malefactors)3) By ATTACKING A MOVING TRAIN, STREET CAR, MOTOR VEHICLE, OR AIRSHIP4) By ENTERING the PASSENGERS’ COMPARTMENTS IN A TRAIN, OR IN ANY MANNER TAKING PASSENGERS BY SURPRISE in the respective conveyances5) On a STREET, ROAD, HIGHWAY, OR ALLEY, and the INTIMIDATION IS MADE W/ USE OF FIREARMS

+ When offenses in 294(3, 4, 5) are committed by a band, proper penalties must be imposed in the maximum periods+ 295 INAPPLICABLE TO ROBBERY W/ HOMICIDE, RAPE, INTENTIONAL MUTILATION, AND LESIONES GRAVES RESULTING IN INSANITY, IMBECILITY, IMPOTENCY, OR BLINDNESS+ For 294(1, 2), element of BAND appreciated as an ORDINARY AGGRAVATING CIRCUMSTANCE

296. DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS THEREOFRequisites for liability of other members of the band:1) Person was a MEMBER OF THE BAND2) PRESENT AT COMMISSION OF A ROBBERY BY THAT BAND3) OTHER MEMBERS of the band COMMITTED AN ASSAULT4) HE DIDN’T ATTEMPT TO PREVENT THE ASSAULT

+ SPECIAL AGGRAVATING CIRCUMSTANCE of USE OF UNLICENSED FIREARM limited in scope to 294(3, 4, 5)

297. ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN CIRCUMSTANCESElements:1) There’s an ATTEMPTED OR FRUSTRATED ROBBERY2) HOMICIDE IS COMMITTED ON THE SAME OCCASION

+ GEN RULE: all who took part as principals in the robbery shall be held guilty of robbery w/ homicide although they didn’t actually take part in the homicide. Same principle applies even if the crime committed is attempted robbery w/ homicide+ 297 requires ATTEMPTED ROBBERY & KILLING be perpetrated by the same person

298. EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATIONElements:1) Offender has INTENT TO DEFRAUD ANOTHER2) Offender COMPELS HIM TO SIGN, EXECUTE, OR DELIVER ANY PUBLIC INSTRUMENT OR DOCUMENT3) COMPULSION is BY means of VIOLENCE OR INTIMIDATION

299. ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIPPunished acts & respective elements:1) Robbery with force upon things under 299(a) a) Offender ENTERED INHABITED HOUSE, PUBLIC BUILDING OR EDIFICE DEVOTED TO RELIGIOUS WORSHIP b) ENTRANCE was EFFECTED BY ANY OF THE FF. MEANS:

i) THROUGH an OPENING NOT INTENDED FOR ENTRANCE OR EGRESS

ii) By BREAKING ANY WALL, ROOF, FLOOR, DOOR, OR WINDOW

iii) By USING FALSE KEYS, PICKLOCKS, OR SIMILAR TOOLS

iv) By USING FICTITIOUS NAME OR PRETENDING THE EXERCISE OF PUBLIC AUTHORITY c) Once INSIDE the building, OFFENDER TOOK PERSONAL PROP BELONGING TO ANOTHER WITH INTENT TO GAIN2) Robbery with force upon things under 299(b) a) Offender is INSIDE a DWELLING HOUSE, PUBLIC BUILDING, OR EDIFICE DEVOTED TO RELIGIOUS WORSHIP, regardless of circumstances under which he entered it b) OFFENDER TAKES PERSONAL PROP BELONGING TO ANOTHER, W/ INTENT TO GAIN, UNDER ANY OF THE FF. circumstances:

i) By the BREAKING OF DOORS, wardrobes, chests, OR ANY OTHER KIND OF LOCKED OR SEALED FURNITURE OR RECEPTACLE

ii) By TAKING SUCH FURNITURE OR OBJECTS AWAY TO BE BROKEN OR FORCED OPEN OUTSIDE THE PLACE OF THE ROBBERY

+ BASIS: MEANS OF ENTERING. If he didn’t enter, it’s only theft even if there’s force upon things. Whole body must be inside, as defined by entering.



+ ENTERED W/O USE OF CONSTRUCTIVE FORCE BUT WHILE INSIDE USED ACTUAL FORCE to break doors, walls, etc. Use of picklock, etc. inside the premises is only aggravating.+ BROUGHT OUT of the premises LOCKED OR SEALED RECEPTACLES FOR BREAKING them OUTSIDE

+ NOT NECESSARY THAT OFFENDER BREAK WINDOWS to enter+ Offender is a member of the household and taking was with force upon things = robbery

300. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND+ Robbery mentioned in next preceding article, if committed in an uninhabited place and by a band, shall be punished by the maximum period of the penalty provided therefore

301. WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING OR BUILDING DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES+ INHABITED HOUSE: any shelter, ship or vessel constituting the dwelling of one or more persons, even though the inhabitants thereof shall temporarily be absent therefrom when the robbery is committed+ PUBLIC BUILDING: every building owned by the Gov’t or belonging to private persons but used or rented by the Gov’t, although temporarily occupied by the same+ DEPENDENCIES OF AN INHABITED HOUSE, PUBLIC BUILDING OR BUILDING DEDICATED TO RELIGIOUS WORSHIP: all interior courts, corrals, warehouses, granaries or enclosed places CONTIGUOUS to the building or edifice, having an INTERIOR ENTRANCE CONNECTED THEREWITH and which form PART OF THE WHOLE+ Orchard & other lands used for cultivation or production aren’t included in the term “dependencies”

302. ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDINGElements:1) Offender ENTERED UNINHABITED PLACE OR BUILDING W/C WASN’T A DWELLING HOUSE, NOT A PUBLIC BUILDING, OR NOT AN EDIFICE DEVOTED TO RELIGIOUS WORSHIP2) ANY OF THE FF. circumstances was present a) ENTRANCE was EFFECTED THROUGH AN OPENING NOT INTENDED FOR ENTRANCE OR EGRESS b) WALL, ROOF, FLOOR, OR OUTSIDE DOOR OR WINDOW was BROKEN c) ENTRANCE was EFFECTED THROUGH USE OF FALSE KEYS, PICKLOCKS, OR OTHER similar TOOLS d) DOOR, WARDROBE, CHEST, OR ANY SEALED OR CLOSED FURNITURE OR RECEPTACLE was BROKEN e) CLOSED OR SEALED RECEPTACLE WAS REMOVED, even if the same be broken open elsewhere3) OFFENDER TOOK therefrom PERSONAL PROP BELONGING TO ANOTHER WITH INTENT TO GAIN

303. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING+ In cases in 299 and 302 (robbery in an inhabited place or public building or edifice devoted to worship AND robbery in an uninhabited place or in a private building), when 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.

304. POSSESSION OF PICKLOCK OR SIMILAR TOOLSElements:1) Offender HAS in his possession PICKLOCKS OR SIMILAR TOOLS2) SUCH picklock or similar TOOLS ARE SPECIALLY ADOPTED TO THE COMMISSION OF ROBBERY3) Offender DOESN’T HAVE LAWFUL CAUSE FOR SUCH POSSESSION

+ POSSESSION of picklocks IS A CRIME BY ITSELF. When used in robbery, possession is absorbed because it’s an element of robbery

305. FALSE KEYSTerm FALSE KEYS deemed to include:1) TOOLS MENTIONED in next preceding articles2) GENUINE KEYS STOLEN FROM THE OWNER3) ANY KEYS OTHER THAN THOSE INTENDED BY THE OWNER FOR USE IN THE LOCK FORCIBLY OPENED BY OFFENDER

RA 6539 – ANTI-CARNAPPING+ CARNAPPING: taking, w/ 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+ MALUM PROHIBITUM+ MOTOR VEHICLE covers any vehicle which is motorized (means other than muscular power) using the streets which are public, not exclusively for private use+ HIGHWAYS are always public, free for the use of every person.

306. WHO ARE BRIGANDSElements of brigandage:1) AT LEAST 4 ARMED PERSONS2) FORMED A BAND OF ROBBERS3) PURPOSE is ANY OF THE FF. a) COMMIT ROBBERY IN THE HIGHWAY b) KIDNAP PERSONS FOR the purpose of EXTORTION OR TO OBTAIN RANSOM c) ATTAIN BY MEANS OF FORCE AND VIOLENCE ANY OTHER PURPOSE

307. AIDING AND ABETTING A BAND OF BRIGANDSElements:1) BAND OF BRIGANDS2) OFFENDER KNOWS BAND TO BE OF BRIGANDS3) DOES ANY OF THE FF. acts: a) In any manner AIDS, ABETS OR PROTECTS SUCH BAND b) GIVES THEM INFORMATION OF MOVEMENTS OF POLICE OR OTHER PEACE OFFICERS OF THE GOV’T c) ACQUIRES OR RECEIVES PROP TAKEN BY SUCH BRIGANDS

PD 532 – ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974+ HIGHWAY ROBBERY or BRIGANDAGE: seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another, by means of violence against or intimidation of persons or force upon



things or other unlawful means, committed by any person on any Philippine highway+ Introduced AMENDMENTS TO 306 & 307 by increasing the penaltiesBrigandage UNDER 306 & 294

Brigandage UNDER PD 532

Mere FORMATION OF BAND IS PUNISHABLE

Mere formation of band NOT YET PUNISHABLE. Prohibited act must be committed

AT LEAST 3 (4 OR MORE) MALEFACTORS

Only ONE MALEFACTOR WILL SUFFICE

PRECONCEIVED VICTIM NO preconceived victim

+ In absence of proof that accused were organized for committing robbery indiscriminately and of evidence to show previous attempts at similar robberies by accused indicating indiscriminate commission thereof – liable for special complex crime of robbery with homicide

PD 533 – ANTI-CATTLE RUSTLING LAW OF 1974+ CATTLE RUSTLING: taking away by any means, methods, or schemes, without the consent of the owner/raiser, of any of the LARGE CATTLE whether or not for profit or gain, or whether committed w/ or w/o violence against or intimidation of person or force upon things. Includes KILLING OF LARGE CATTLE, OR TAKING ITS MEAT OR HIDE W/O CONSENT OF OWNER/RAISER.+ GOAT NOT INCLUDED because although it’s a member of the bovine family, it’s not large+ HOMICIDE IS ABSORBED IN CATTLE RUSTLING because it’s not a malum prohibitum+ MALA IN SE. NOT A SPECIAL LAW. Penalty for its violation in terms of classification & duration of penalties prescribed in RPC, indicating lawmakers’ intent to amend the Code+ INTENT TO GAIN may be INFERRED FROM DELIBERATE FAILURE TO DELIVER LOST PROP TO PROPER PERSON, finder knowing the prop doesn’t belong to him

308. WHO ARE LIABLE FOR THEFTPersons liable:1) Those W/ INTENT TO GAIN, BUT W/O VIOLENCE AGAINST OR INTIMIDATION OF PERSONS NOR FORCE UPON THINGS, TAKE PERSONAL PROP OF ANOTHER W/O LATTER’S CONSENT2) Those who HAVING FOUND LOST PROP, FAILS TO DELIVER THE SAME TO LOCAL AUTHORITIES OR TO ITS OWNER3) Those who, after having MALICIOUSLY DAMAGED the PROPERTY OF ANOTHER, REMOVE OR MAKE USE OF FRUITS OR OBJECTS OF DAMAGE CAUSED BY THEM4) Those who ENTER AN ENCLOSED ESTATE OR A FIELD WHERE TRESPASS IS FORBIDDEN OR W/C BELONGS TO ANOTHER AND, W/O IT’S OWNER’S CONSENT, HUNT OR FISH upon the same OR GATHER fruits, cereals, or other forest or farm products

Elements:1) TAKING OF PERSONAL PROP2) Property taken BELONGS TO ANOTHER3) DONE W/ INTENT TO GAIN4) W/O OWNER’S CONSENT

5) ACCOMPLISHED W/O USE OF VIOLENCE AGAINST OR INTIMIDATION OF PERSONS OR FORCE UPON THINGS

+ THEFT OR ROBBERY CAN’T BE COMMITTED BET. CO-OWNERS WHEN NO DIVISION IS YET MADE+ Is it THEFT OR ESTAFA? CONSIDER POSSESSION. Where property is received where only MATERIAL or PHYSICAL POSSESSION is acquiesced and he misappropriates the same = THEFT. If JURIDICAL POSSESSION (possessor can assert his right to possession even against the owner) IS TRANSFERRED = ESTAFA

+ NO FRUSTRATED THEFT

309. PENALTIES

PD 704, as amended RA 8550 – ILLEGAL FISHING+ PRIMA FACIE PRESUMPTION that ILLEGAL FISHING HAS BEEN COMMITTED WHERE

- EXPLOSIVES, noxious or POISONOUS SUBSTANCES OR EQUIPMENT/DEVICE FOR ELECTRIC FISHING FOUND IN a FISHING BOAT OR IN FISHERMAN’S POSSESSION

- FISH CAUGHT OR KILLED w/ use of explosives, poisonous substances, or by electricity are FOUND in a fishing boat

+ Doesn’t require use of motorized banca or boat

310. QUALIFIED THEFTTheft is qualified if: 1) Committed by a DOMESTIC SERVANT2) Committed W/ GRAVE ABUSE OF CONFIDENCE3) PROP STOLEN is a MOTOR VEHICLE, MAIL MATTER, or LARGE CATTLE4) PROP STOLEN consists of COCONUTS TAKEN FROM the premises of a PLANTATION5) PROP STOLEN is FISH TAKEN FROM A FISHPOND OR FISHERY6) PROP TAKEN ON OCCASION OF fire, earthquake, typhoon, volcanic eruption, or any other CALAMITY, VEHICULAR ACCIDENT, OR CIVIL DISTURBANCE

+ What makes it qualified theft: circumstances- Personal to offender- Pertaining to object taken- At the time of taking

311. THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM

PD 705 – FORESTRY CODE2 DISTINCT & SEPARATE OFFENSES under Sec. 681) CUTTING, GATHERING, COLLECTING, AND REMOVING TIMBER OR OTHER FOREST PRODUCT FROM ANY FORESTLAND, OR TIMBER FROM ALIENABLE OR DISPOSABLE PUBLIC LAND, OR PRIVATE LAND, OR W/O ANY AUTHORITY2) POSSESSION OF TIMBER OR OTHER FOREST PRODUCTS W/O LEGAL DOCUMENTS REQ’D under existing forest laws regulations

+ The law makes NO DISTINCTION between raw or processed timber



PD 1612 – ANTI-FENCING LAW OF 1979+ FENCING: act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object, or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft+ APPLIES ONLY TO PROCEEDS OF THEFT OR ROBBERY. Doesn’t apply to estafa

Elements:1) Crime of ROBBERY OR THEFT has been COMMITTED2) ACCUSED, who is NOT A PRINCIPAL OR ACCOMPLICE IN the commission of the ROBBERY OR THEFT, BUYS … OR IN ANY MANNER DEALS IN ANY ARTICLE OR ANYTHING OF VALUE, which has been DERIVED FROM PROCEEDS OF SAID CRIME3) ACCUSED KNOWS OR SHOULD’VE KNOWN SAID ARTICLE has been DERIVED FROM PROCEEDS OF ROBBERY OR THEFT4) INTENT TO GAIN, on part of accused, FOR HIMSELF OR FOR ANOTHER

+ Fencing is a DISTINCT CRIME. Offender may be PROSECUTED AT PLACE WHERE HE TOOK HOLD OF PROP and not at the place of the commission of the robbery or theft+ There must be a CONVICTION OF THEFT OR ROBBERY BEFORE THERE COULD BE PROSECUTION FOR FENCING+ Mere POSSESSION OF ANY ITEM W/C HAS BEEN THE SUBJECT OF ROBBERY OR THEFT = PRIMA FACIE EVIDENCE OF FENCING

312. OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTYElements:1) Offender TAKES POSSESSION OF ANY REAL PROP OR USURPS ANY REAL RIGHTS IN PROP2) Real property or real rights BELONG TO ANOTHER3) VIOLENCE AGAINTS OR INTIMIDATION OF PERSONS IS USED by offender in occupying real property or usurping real rights in property4) There’s INTENT TO GAIN

+ SINGLE, TWO-TIERED PENALTY for the coercion & threat and fine for the usurpation+ REAL VIC IS NOT NECESSARILY THE OWNER BUT THE PERSON AGAINST WHOM THE VIOLENCE/INTIMIDATION WAS ENFORCED – tenant has a real right over the property, that of possession

313. ALTERING BOUNDARIES OR LANDMARKSElements:1) BOUNDARY MARKS OR MONUMENTS of towns, provinces or estates, OR any other MARKS INTENDED TO DESIGNATE BOUNDARIES OF THE SAME2) OFFENDER ALTERS said boundary marks

314. FRAUDULENT INSOLVENCYElements:1) Offender is a DEBTOR (has obligations due and payable)2) ABSCONDS W/ HIS PROPERTY3) PREJUDICE TO HIS CREDITORS

315. SWINDLING (ESTAFA)Elements in general:1) ACCUSED DEFRAUDED ANOTHER BY ABUSE OF CONFIDENCE OR BY means of DECEIT2) DAMAGE OR PREJUDICE capable of pecuniary estimation is CAUSED TO THE OFFENDED PARTY OR 3RD PERSON

+ DEFRAUDATION & DAMAGE (any disturbance or prejudice is constitutive of damage)+ 2 ways of committing estafa1) With abuse of confidence or unfaithfulness2) Through deceit or false pretense – here, it’s essential that the deceit be prior to or simultaneous to the prejudice & the same be the very cause of the damage+ When money or property is delivered for a particular purpose and it was used for another purpose

- if MATERIAL POSSESSION is transferred, it’s theft

- when JURIDICAL POSSESSION (possession which is protected by law even against the real owner of the property) is transferred, it’s estafa

+ DECEIT: false representation of a matter of fact whether by words or conduct, by false or misleading allegations, or by concealment of that which should have been disclosed which deceives or is intended to deceive another so that he shall act upon it to his legal injury+ DEFRAUDATION CAN’T BE COMMITTED THROUGH NEGLIGENCE

Elements of ESTAFA W/ UNFAITHFULNESS:1) Offender has ONEROUS OBLIGATION TO DELIVER SOMETHING OF VALUE2) He ALTERS ITS SUBSTANCE, QUANTITY, OR QUALITY3) DAMAGE or prejudice is CAUSED TO ANOTHER

Elements of ESTAFA W/ ABUSE OF CONFIDENCE 315(1[b]):1) Money, goods, or other PERSONAL PROP RECEIVED BY 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 SAME2) MISAPPROPRIATION OR CONVERSION OF such MONEY OR PROPERTY BY OFFENDER, OR DENIAL ON HIS PART OF SUCH RECEIPT3) Such misappropriation/conversion/denial is to the PREJUDICE OF ANOTHER4) There’s a DEMAND MADE BY OFFENDED PARTY TO OFFENDER

Elements of ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN BLANK1) PAPER W/ SIG OF OFFENDED PARTY IS IN BLANK2) OFFENDED PARTY DELIVERED IT TO OFFENDER3) ABOVE SIG OF OFFENDED PARTY a DOC IS WRITTEN BY THE OFFENDER W/O AUTHORITY TO DO SO4) DOC so written CREATES LIABILITY OF, OR CAUSES DAMAGE TO, OFFENDED PARTY OR ANY 3RD PERSON

Elements of ESTAFA BY MEANS OF FALSE PRETENSES OR FRAUDULENT ACTS:



1) OFFENDER EMPLOYS ANY OF THE FF. false pretenses, fraudulent acts, or fraudulent means: a) USING FICTITIOUS NAME; FALSELY PRETENDING TO POSSESS POWER, influence, qualifications, property, credit, agency, business or imaginary transactions; OR BY means of OTHER SIMILAR DECEITS b) ALTERING QUALITY, FINENESS, OR WEIGHT OF ANYTHING PERTAINING TO HIS ART OR BUSINESS c) PRETENDING TO HAVE BRIBED ANY GOV’T EMPLOYEE, w/o prejudice to the action for calumny w/c the offended party may deem proper to bring against offender d) POSTDATING A CHECK, OR ISSUING A CHECK IN PAYMENT OF AN OBLIGATION WHEN OFFENDER HAD NO FUNDS OR INSUFFICIENT FUNDS in the bank e) OBTAINING ANY FOOD, REFRESHMENT OR ACCOMMODATION AT A HOTEL, inn, restaurant, boarding house, lodging house, or apartment house AND THE LIKE W/O PAYING THEREFORE, W/ INTENT TO DEFRAUD THE PROPRIETOR OR MANAGER thereof; OR BYOBTAINING CREDIT at aforesaid establishments BY USE OF ANY FALSE PRETENSE; OR BY ABANDONING or surreptitiously removing ANY PART OF HIS BAGGAGE from said establishments AFTER OBTAINING FOOD, etc. W/OUT PAYING FOR SUCH2) Such FALSE PRETENSE must be MADE or executed PRIOR OR SIMULTANEOUSLY WITH THE COMMISSION OF THE FRAUD3) OFFENDED PARTY must’ve RELIED ON THE FALSE PRETENSE – he was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means4) AS A RESULT thereof, OFFENDED PARTY SUFFERED DAMAGE

Elements of ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENTS1) Offender INDUCED OFFENDED PARTY TO SIGN A DOC2) DECEIT employed to make him sign the document3) OFFENDED PARTY PERSONALLY SIGNED THE DOC4) PREJUDICE CAUSED

Elements of ESTAFA BY RESORTING TO SOME FRAUDULENT PRACTICE TO INSURE SUCCESS IN GAMBLING1) Offender PARTICIPATES IN A GAMBLING GAME2) RESORTS TO SOME FRAUDULENT PRACTICE TO INSURE SUCCESS at the gambling game

Elements of ESTAFA BY REMOVING, CONCEALING, OR DESTROYING DOCUMENTS1) COURT RECORD, OFFICE FILES, DOCS, OR ANY OTHER PAPERS2) Offender REMOVED, CONCEALED OR DESTROYED ANY OF THEM3) OFFENDED HAD INTENT TO DEFRAUD ANOTHER

PD 115 – TRUST RECEIPTS LAW+ TRUST RECEIPT TRANSACTION: any transaction by and between entruster and entrustee, whereby the entruster who owns or holds absolute title or security interest over certain specified goods, releases same to possession of entrustee upon latter’s execution and delivery to entruster of a ‘trust receipt’

+ Goods owned by the bank and only released to the importer in trust subsequent to the grant of the loan. Bank acquires ‘security interest’ in the goods as holder of security title for advances it made to entrustee. Ownership continues to be vested in person who advanced payment until he has been paid in full+Trust receipt law PUNISHES DISHONESTY AND ABUSE OF CONFIDENCE IN THE HANDLING OF MONEY OR GOODS TO THE PREJUDICE OF ANOTHER regardless of whether the latter is the owner. + MALUM PROHIBITUM+ Possible situations in a trust receipt transaction:1) Money received under the obligation involving duty to deliver it to the owner of the merchandise sold2) Merchandise received under obligation to ‘return’ it to the owner+ It’s in the context of upholding public interest that the law now designates breach of trust receipt agreement to be an act that ‘shall’ make one liable for estafa+ As far as trust receipts are concerned, failure to return the thing creates the presumption that there was intent to defraud

BP 22 – BOUNCING CHECKS LAWElements:1) MAKING, DRAWING, AND ISSUING ANY CHECK TO APPLY TO ACCOUNT OR FOR VALUE2) KNOWLEDGE OF MAKER/DRAWER/ISSUER THAT AT TIME OF ISSUE he DOESN’T HAVE SUFFICIENT FUNDS IN OR CREDIT W/ DRAWEE BANK FOR PAYMENT OF THE CHECK IN FULL UPON ITS PRESENTMENT3) SUBSEQUENT DISHONOR of check by drawee bank for insufficiency of funds, OR DISHONOR OF CHECK for same reason had not the drawer, without any valid cause, ordered the bank to stop payment

+ Made MERE ACT OF ISSUING A BUM CHECK MALUM PROHIBITUM+GRAVAMEN of offense: ISSUANCE OF WORTHLESS CHECK+ PRESUMPTION that issuer knew at the time of issue that he didn’t have sufficient funds for payment of the check in full upon its presentment under the ff conditions:1) Presentment w/in 90 days from date of check2) Dishonor of the check and failure of the maker to make arrangements for payment in full w/in 5 banking days after notice thereof+ ABSENCE OF NOTICE OF DISHONOR necessarily deprives an accused the opportunity to preclude a criminal prosecution+ 2 ways of violating BP 221) Making or drawing and issuing a check to apply on account or for value knowing at the time of issue that the check isn’t sufficiently funded2) Having sufficient funds in or credit with drawee bank but failing to keep sufficient funds or to maintain credit to cover full amount of the check when presented to drawee bank w/in 90 days+ 180 DAYS (6 MOS) – PAYEE’S FAILURE TO DEPOSIT OR ENCASH CHECK within this period WILL MAKE CHECK STALE OR VALUELESS, hence NO CRIMINAL ACTION CAN ARISE THEREFROM+ Violation of BP 22 in the nature of a CONTINUING CRIME – VENUE IS DETERMINED BY THE PLACE WHERE THE ELEMENTS of making, issuing, or drawing of the check and delivery thereof ARE COMMITTED



+ DELIVERY OF INSTRUMENT is the final act essential to its consummation as an obligation+ ALL KINDS OF CHECKS ARE COVERED BY THE LAW

- Memorandum checks included- Even checks of foreign currency as long as they’re

issued in the Philippines+ RPC SUPPLEMENTARY TO BP 22+ KNOWLEDGE BY COMPLAINANT THAT DRAWER DOESN’T HAVE SUFFICIENT FUNDS AT TIME CHECK WAS ISSUED DOESN’T GIVE RISE TO ESTAFA THROUGH BOUNCING CHECKS+ Even if there’s no deceit, mere dishonor of the check already creates public disturbance and prejudice to the banking system. Under BP 22, the act is a crime against public interest+ Where CHECK is DRAWN BY A CORPORATION, PERSON/S WHO ACTUALLY SIGNED check in behalf of such drawer shall be LIABLE

BP 22 ESTAFALIABILITY INCURRED even though check was issued in payment of pre-existing obligation

Liability ONLY IF ISSUED CONCURRENTLY & RECIPROCALLY in payment of exchange consideration. Check shouldn’t be for pre-existing obligation

DAMAGE OR DECEIT IS IMMATERIAL to criminal liability

DAMAGE TO OFFENDED & DECEIT OF OFFENDER ARE ESSENTIAL

Crime against PUBLIC INTEREST

Crime against PROPERTY

ONLY DRAWER is liable. INDORSER NOT LIABLE

BOTH drawer & indorser may incur liability, if latter was aware at time of indorsement of insufficiency of funds

Drawer given 5 BANKING DAYS FROM NOTICE OF DISHONOR to make good cash value thereof to avoid criminal liability

Drawer given 3 DAYS AFTER NOTICE OF DISHONOR to make good the cash value to avoid liability

Malum PROHIBITUM Malum IN SE

316. OTHER FORMS OF SWINDLINGPunished acts & respective elements:1) By conveying, selling, encumbering, or mortgaging any real property, pretending to be the owner of the same a) There’s an IMMOVABLE, such as a parcel of land or a building b) OFFENDER WHO IS NOT THE OWNER REPRESENTS HIMSELF AS THE OWNER thereof c) Offender EXECUTES AN ACT OF OWNERSHIP such as selling, leasing, encumbering, or mortgaging the real property2) By disposing of real property as free from encumbrance, although such encumbrance isn’t recorded a) THING DISPOSED IS REAL PROPERTY b) OFFENDER KNEW REAL PROP WAS ENCUMBERED, WHETHER the encumbrance was RECORDED OR NOT c) EXPRESS REPRESENTATION BY OFFENDER THAT REAL PROP IS FREE FROM ENCUMBRANCE d) ACT OF DISPOSING of the real property is MADE TO THE DAMAGE OF ANOTHER

3) By wrongfully taking by the owner of his personal property from its lawful possessor a) Offender is the OWNER OF PERSONAL PROP b) SAID PERSONAL PROP is IN the LAWFUL POSSESSION OF ANOTHER c) Offender WRONGFULLY TAKES IT FROM ITS LAWFUL POSSESSOR d) PREJUDICE is thereby CAUSED TO THE POSSESSOR OR 3RD PERSON4) By executing any fictitious contract to prejudice of another a) Offender EXECUTES A CONTRACT b) FICTITIOUS CONTRACT c) PREJUDICE IS CAUSED5) By accepting any compensation for services not rendered or for labor not performed a) Offender ACCEPTS ANY COMPENSATION FOR SERVICES OR LABOR b) DIDN’T RENDER SERVICES OR PERFORM LABOR6) By selling, mortgaging or encumbering real property or properties with which the offender guaranteed the fulfillment of his obligation as surety a) Offender is a SURETY IN A BOND GIVEN IN A CRIMINAL OR CIVIL ACTION b) He GUARANTEED THE FULFILLMENT OF SUCH OBLIGATION W/ HIS REAL PROP OR PROPERTIES c) He SELLS, MORTGAGES, OR IN ANY MANNER ENCUMBERS SAID REAL PROP d) Such SALE, MORTGAGE OR ENCUMBRANCE W/O EXPRESS AUTHORITY FROM THE COURT, OR MADE BEFORE CANCELLATION OF HIS BOND, OR BEFORE BEING RELIEVED FROM OBLIGATION HE CONTRACTED

+ Mere selling w/o disclosing encumbrance wouldn’t result to estafa – no law penalizing sale of encumbered property. It’s the DECEIT IN SELLING THE PROPERTY THAT GIVES RISE TO CRIMINAL LIABILITY+ No deceit if seller didn’t make any warranty in the deed of sale that the property is free from encumbrance. The deed must have a false statement of warranty to commit the offense+ Par. 3 holds owner of any personal property who shall wrongfully take it from its lawful possessor to the prejudice of the latter or any third person guilty of this crime

317. SWINDLING A MINORElements:1) Offender TAKES ADVANTAGE OF MINOR’S INEXPERIENCE OR FEELINGS/EMOTIONS2) He INDUCES SUCH MINOR TO ASSUME an obligation OR TO GIVE RELEASE OR TO EXECUTE A TRANSFER OF ANY PROPERTY RIGHT3) CONSIDERATION is some loan of money, credit or other personal property4) TRANSACTION is TO THE DETRIMENT OF SUCH MINOR

318. OTHER DECEITSPunished acts:1) DEFRAUDING OR DAMAGING ANOTHER BY ANY OTHER DECEIT NOT MENTIONED in the preceding articles2) INTERPRETING DREAMS, BY MAKING FORECASTS, TELLING FORTUNES, OR BY TAKING ADVANTAGE OF



THE CREDULITY OF THE PUBLIC IN ANY OTHER SIMILAR MANNER, FOR PROFIT OR GAIN

+ CATCH-ALL PROVISION

PD 1689 – SYNDICATED ESTAFAElements:1) Estafa or other forms of swindling as defined in RPC 315 & 316 COMMITTED2) ESTAFA COMMITTED BY A SYNDICATE3) DEFRAUDATION RESULTS IN MISAPPROPRIATION of money contributed by stockholders, or of funds solicited by corporations from the general public

+ SYNDICATE: consists of 5 OR MORE PERSONS FORMED W/ INTENTION OF CARRYING OUT THE UNLAWFUL OR ILLEGAL ACT

319. REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTYPunished acts & respective elements:1) Knowingly removing 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 execution of the mortgage, w/o the written consent of the mortgagee or his executors, administrators or assigns a) PERSONAL PROP IS MORTGAGED under the Chattel Mortgage Law b) OFFENDER KNOWS such property is mortgaged c) Offender REMOVES SUCH mortgaged personal property TO ANY PROVINCE OR CITY OTHER THAN THE ONE IN W/C IT WAS LOCATED AT THE TIME OF the EXECUTION OF the MORTGAGE d) REMOVAL is PERMANENT e) NO WRITTEN CONSENT of mortgagee or his executors, administrators or assigns to such removal2) Selling or pledging 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 property where such property is located a) PERSONAL PROP IS ALREADY PLEDGED under the terms of the Chattel Mortgage Law b) Offender, who’s the MORTGAGOR of such property, SELLS OR PLEDGES THE SAME OR ANY PART thereof c) NO CONSENT OF MORTGAGEE written on the back of the mortgage and noted on the record thereof in the office of the register of deeds

+ Chattel mortgage – mortgage of personal property; can’t be mortgaged again, unless the contract says you can+ Real property mortgage can be mortgaged several times at once

320. DESTRUCTIVE ARSONPunished acts: Burning1) 1 OR MORE BUILDINGS or edifices, CONSEQUENT TO A SINGLE ACT OF BURNING, OR AS A RESULT OF SIMULTANEOUS BURNINGS, OR COMMITTED ON SEVERAL OR DIFFERENT OCCASIONS2) ANY BUILDING DEVOTED TO THE PUBLIC IN GENERAL, regardless of whether offender had knowledge that there are persons in said building or edifice at the time it’s set on fire & regardless also of whether the building is actually inhabited or not

3) ANY train or LOCOMOTIVE, ship or VESSEL, AIRSHIP or airplane, DEVOTED TO TRANSPORTATION OR CONVEYANCE, OR FOR PUBLIC USE, ENTERTAINMENT OR LEISURE4) ANY BUILDING, FACTORY, WAREHOUSE INSTALLATION, & any APPURTENANCES THERETO, which are DEVOTED TO the service of PUBLIC UTILITIES5) ANY BUILDING the BURNING OF W/C IS FOR the purpose of CONCEALING OR DESTROYING EVIDENCE OF ANOTHER VIOLATION OF THE LAW, OR FOR the purpose of CONCEALING BANKRUPTCY OR DEFRAUDING CREDITORS OR TO COLLECT FROM INSURANCE6) Any ARSENAL, SHIPYARD, STOREHOUSE, OR MILITARY POWER OR FIREWORKS FACTORY, ORDINANCE, STOREHOUSE, ARCHIVES, OR GEN. MUSEUM OF THE GOV’T7) INHABITED PLACE, ANY STOREHOUSE OR FACTORY OF INFLAMMABLE OR EXPLOSIVE MATERIALS

+ PURPOSE of the law: to effectively discourage and deter the commission of the crime, to prevent the destruction of properties and protect the lives of innocent people+ Nature of destructive arson is distinguished from simple arson by the degree of perversity or viciousness of the criminal offender+ Simple arson under PD 1613 contemplates crimes with less significant social, economic, political and national security implications than destructive arson

327. WHO ARE LIABLE FOR MALICIOUS MISCHIEFElements:1) OFFENDER DELIBERATELY CAUSED DAMAGE TO ANOTHER’S PROP2) SUCH act DOESN’T CONSTITUTE ARSON OR OTHER CRIMES INVOLVING DESTRUCTION3) ACT OF DAMAGING ANOTHER’S PROP was COMMITTED MERELY FOR THE SAKE OF DAMAGING IT

+ MALICIOUS MISCHIEF: any means of causing damage to the property of another without the use of fire or pyrotechnic (arson). There must be specific INTENT TO DESTROY THE PROP OF ANOTHER+ If the intent is to irritate a person, the crime is unjust vexation. Malicious mischief is against property while unjust vexation is against personal security.+ Malicious mischief is COMMITTED ONLY BY DOLO because malice is an inherent element. The offender shouldn’t appropriate the property or portion thereof; otherwise, the crime is theft.

328. SPECIAL CASES OF MALICIOUS MISCHIEFPunished acts:1) CAUSING DAMAGE TO OBSTRUCT PERFORMANCE OF PUBLIC FUNCTIONS2) USING any POISONOUS OR CORROSIVE SUBSTANCE3) SPREADING any INFECTION OR CONTAGION AMONG CATTLE4) CAUSING DAMAGE TO the PROP OF THE NAT’L MUSEUM OR NAT’L LIBRARY, OR to ANY ARCHIVE OR REGISTRY, WATERWORKS, ROAD, PROMENADE, OR ANY OTHER THING USED IN COMMON BY THE PUBLIC



+ No longer any malicious mischief involving large cattle – that’s now a violation of PD 533

329. OTHER MISCHIEFS+ Penalties for mischief not included in next preceding article, based on value of damage caused

330. DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION+ Penalties imposed upon any person

- damage any railway, telegraph or telephone lines- damage results in any derailment of cars, collision

or other accident, w/o prejudice to the criminal liability of the offender for the other consequences of his criminal act

331. DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS+ Penalties imposed for destroying or damaging

- statues or any other useful or ornamental public monument

- any useful or ornamental painting of a public nature

332. PERSONS EXEMPT FROM CRIMINAL LIABILITYCrimes involved in exemption:1) THEFT2) ESTAFA3) MALICIOUS MISCHIEFPersons exempted from criminal liability1) SPOUSE, ASCENDANTS AND DESCENDANTS, OR RELATIVES BY AFFINITY IN THE SAME LINE2) WIDOWED SPOUSE with respect to the PROPERTY W/C BELONGED TO THE DECEASED SPOUSE before the same passed into the possession of another3) BROTHERS & SISTERS AND BROTHERS-IN-LAW & SISTERS-IN-LAW, if living together

+ No exemption - Estafa is complexed with other crimes- Destruction musn’t be by means of burning –

that’s arson, not malicious mischief

CRIMES AGAINST CHASTITY

333. WHO ARE GUILTY OF ADULTERYElements:1) MARRIED WOMAN2) She HAS SEXUAL INTERCOURSE W/ A MAN NOT HER HUSBAND3) MAN w/ whom she has sexual intercourse MUST KNOW SHE’S MARRIED

+ ONLY the OFFENDED SPOUSE CAN INITIATE THE ACTION but BOTH OFFENDERS in adultery or concubinage MUST BE NAMED IN THE COMPLAINT+ COMPLAINANT MUST BE A SPOUSE AT THE TIME OF THE COMPLAINT. If at the time of the filing, complainant has obtained a divorce abroad, although not recognized here, he has no standing to file the complaint+ AS MANY COUNTS OF ADULTERY AS THERE ARE SEXUAL ACTS just like in rape. ADULTERY CAN ONLY BE ATTEMPTED OR CONSUMMATED because the essence is CARNAL KNOWLEDGE+ Even if the marriage is subsequently declared void, adultery can still be committed.

+ Adultery COMMITTED IN A STATE OF ABANDONMENT is an EXTENUATING CIRCUMSTANCE

334. CONCUBINAGEElements:1) MARRIED MAN2) EITHER a) KEEPING A MISTRESS IN THE CONJUGAL DWELLING b) HAVING SEXUAL INTERCOURSE UNDER SCANDALOUS CIRCUMSTANCES W/ A WOMAN NOT HIS WIFE c) COHABITING WITH A WOMAN NOT HIS WIFE in any other place3) WOMAN MUST KNOW THE MAN IS MARRIED

+ SEXUAL INTERCOURSE NOT AN INDISPENSABLE ELEMENT of concubinage+ Concubine is penalized only by destierro+ For either CONSENT OR PARDON TO BENEFIT THE ACCUSED in adultery or concubinage, it MUST BE GIVEN PRIOR TO THE FILING OF A CRIMINAL COMPLAINT

336. ACTS OF LASCIVIOUSNESSElements:1) Offender COMMITS ANY ACT OF LASCIVIOUSNESS OR LEWDNESS2) ACT of lasciviousness is COMMITTED AGAINST A PERSON OF EITHER SEX3) DONE UNDER ANY OF THE FF. circumstances: a) By USING FORCE OR INTIMIDATION b) When OFFENDED PARTY IS DEPRIVED OF REASON or otherwise UNCONSCIOUS c) By means of FRAUDULENT MACHINATION OR GRAVE ABUSE OF AUTHORITY d) OFFENDED PARTY is LESS THAN 12 YRS OF AGE OR is DEMENTED

+ Committed against a male or female and under circumstances of rape. In 339 the acts of lasciviousness are committed under circumstances of seduction and the victim must be a female+ Compared to attempted rape: for both, there’s no penetration. More importantly, IN ACTS OF LASCIVIOUSNESS, there is LACK OF INTENT TO PENETRATE

337. QUALIFIED SEDUCTIONPunished acts & respective elements:1) Seduction of a VIRGIN 12<x<18 YRS OF AGE BY CERTAIN PERSONS, such as a person in authority, priest, or teacher a) Offended party is a VIRGIN, which is PRESUMED IF SHE’S UNMARRIED AND OF GOOD REPUTATION b) She’s OVER 12 AND UNDER 18 years of age c) OFFENDER HAS SEXUAL INTERCOURSE WITH HER d) There’s ABUSE OF AUTHORITY, CONFIDENCE OR RELATIONSHIP ON THE PART OF THE OFFENDER2) Seduction of a SISTER BY HER BROTHER, OR DESCENDANT BY HER ASCENDANT, REGARDLESS OF HER AGE OR REPUTATION a) Offended party NEED NOT BE A VIRGIN OR SHE MAY BE OVER 18 years of age b) OFFENDER HAS SEXUAL INTERCOURSE WITH HER



c) Offender is HER BROTHER OR ASCENDANT BY CONSANGUINITY, whether legitimate or illegitimate

+ No consent in rape. In seduction, THERE’S CONSENT BUT SUCH WAS SECURED THROUGH CAJOLERY OR DECEIT

338. SIMPLE SEDUCTIONElements:1) OFFENDED PARTY is OVER 12 AND UNDER 18 YRS OLD2) OF GOOD REPUTATION, SINGLE OR WIDOW3) OFFENDER HAD SEXUAL INTERCOURSE WITH HER4) It’s COMMITTED BY MEANS OF DECEIT

+Deceit consisting of PROMISE OF MARRIAGE to a minorSIMPLE SEDUCTION QUALIFIED SEDUCTIONWoman is SINGLE OR WIDOW OF GOOD REPUTATION

Woman is a VIRGIN

May be committed by ANY PERSON

Offender is a PERSON IN PUBLIC AUTHORITY, priest, house servant … or any person entrusted with the education or custody of the woman

Victim OVER 12 BUT UNDER 18 years old

When the offender is the brother or an ascendant, VIC’S AGE AND MORAL REPUTATION IS NOT MATERIAL

339. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTYElements:1) OFFENDER COMMITS ACTS OF LASCIVIOUSNESS or lewdness2) ACTS are COMMITTED UPON A WOMAN who’s a VIRGIN OR SINGLE OR WIDOW OF GOOD REPUTATION, UNDER 18 BUT OVER 12 years of age, OR A SISTER OR DESCENDANT, regardless of her reputation or age3) OFFENDER ACCOMPLISHES the ACTS BY ABUSE OF AUTHORITY, CONFIDENCE, RELATIONSHIP, OR DECEIT

+ Acts of lasciviousness in 339 are committed under circumstances of seduction and the victim must be a female

340. CORRUPTION OF MINORSElements:1) Offender PROMOTES OR FACILITATES THE PROSTITUTION OR CORRUPTION OF PERSONS UNDER AGE2) PURPOSE is TO SATISFY THE LUST OF ANOTHER

341. WHITE SLAVE TRADEPunished acts:1) ENGAGING IN the business of PROSTITUTION2) PROFITING BY PROSTITUTION3) ENLISTING the SERVICES OF WOMEN FOR the purpose of PROSTITUTION

+ Check PAGE 6 FOR RA 7610 NOTES

342. FORCIBLE ABDUCTIONElements:1) PERSON ABDUCTED is ANY WOMAN, regardless of her age, civil status, or reputation2) Abducted AGAINST HER WILL3) Abduction is WITH LEWD DESIGNS

+ Acts of lasciviousness are overt acts manifesting lewd designs+ No lewd design = serious illegal detention+ For FORCIBLE ABDUCTION WITH RAPE, 4TH ELEMENT = abducted woman is raped under any of the circumstances in 335 (offender had carnal knowledge of a woman & such is accomplished by using force or intimidation)+ Use of deadly weapon, being a qualifying circumstance, must be alleged in the information+ Only when the rape is consummated can the complex crime of forcible abduction with rape be committed.+ ONLY ONE of several rapes is complexed with forcible abduction. OTHER RAPES ARE CHARGED SEPARATELY as one count each

343. CONSENTED ABDUCTIONElements:1) Offended party is a VIRGIN2) OVER 12 AND UNDER 18 years of age3) Offender TAKES HER AWAY WITH HER CONSENT, AFTER SOLICITATION OR CAJOLERY4) TAKING AWAY is WITH LEWD DESIGNS

+ GRAVAMEN of the offense – ALARM & DISTURBANCE TO THE PARENTS & FAMILY OF THE VIC AND THE INFRINGEMENT OF THEIR RIGHTS+ Victim consent because of cajolery – short of deceit+ There’s a taking away from the family – take out of family’s control

344. PROSECUTION OF THE CRIMES OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS+ ADULTERY & CONCUBINAGE must be prosecuted UPON COMPLAINT SIGNED BY THE OFFENDED SPOUSE+ SEDUCTION, ABDUCTION, OR ACTS OF LASCIVIOUSNESS must be prosecuted UPON COMPLAINT SIGNED BY

- OFFENDED PARTY- Her PARENTS, GRANDPARENTS, OR

GUARDIANS, in the order they’re herein named

+ Pardon by the offended party doesn’t extinguish criminal liability. To be effective, it must be given prior to the institution of the criminal case

345. CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES AGAINST CHASTITY1) Persons guilty of RAPE, SEDUCTION, OR ABDUCTION sentenced to- INDEMNIFY offended woman- ACKNOWLEDGE OFFSPRING, unless the law should prevent him from doing so- SUPPORT THE OFFSPRING, in any case



2) ADULTERER & CONCUBINE may also be sentenced, IN THE SAME PROCEEDING OR A SEPARATE CIVIL PROCEEDING, to INDEMNIFY FOR DAMAGES CAUSED to the offended spouse

+ Indemnification under 345(1) should be absolute and is never conditioned upon the financial capacity of the accused

346. LIABILITY OF ASCENDANTS, GUARDIANS, TEACHERS, OR OTHER PERSONS ENTRUSTED WITH THE CUSTODY OF THE OFFENDED PARTY1) The ascendants, guardians, curators, teachers & ANY PERSON WHO, BY ABUSE OF AUTHORITY OR CONFIDENTIAL RELATIONSHIPS, shall COOPERATE AS ACCOMPLICES in the perpetration of the crimes embraced in Chapters Two, Three and Four of this Title (from acts of lasciviousness to consented abduction), shall be PUNISHED AS PRINCIPALS2) Teachers or other PERSONS in any other capacity ENTRUSTED WITH THE EDUCATION AND GUIDANCE OF YOUTH, shall also suffer penalty of TEMPORARY SPECIAL DISQUALIFICATION in its max period to PERPETUAL SPECIAL DISQUALIFICATION3) 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

CRIMES AGAINST THE CIVIL STATUS OF PERSONS+ STATE INTEREST: Preserve identity regulated under the CC – birth, marriage, death

347. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILDPunished acts:1) SIMULATION OF BIRTHS2) SUBSTITUTION OF ONE CHILD FOR ANOTHER3) CONCEALING OR ABANDONING ANY LEGITIMATE CHILD WITH INTENT TO CAUSE SUCH CHILD TO LOSE ITS CIVIL STATUS

+ Simulation of birth MUST BE MADE IN THE RECORD OF BIRTH; simulation in any other document is falsification+ WOMAN WHO SIMULATES birth & the ONE WHO FURNISHES THE CHILD are both liable as principals+ Per RA 7610, the crime is committed by the PARENTS WHO AGREE TO THE ADOPTION of the child FOR A CONSIDERATION; or the PHYSICIAN who MAKES IT APPEAR IN THE RECORD OF BIRTH that the supposed parents are the natural parents+ Object of the crime under 347 is the creation of false, or the causing of the loss of, civil status

348. USURPATION OF CIVIL STATUS+ Gives penalties should person usurp another’s civil status for defrauding offended party or his heirs, or otherwise

349. BIGAMYElements:1) Offender HAS BEEN LEGALLY MARRIED2) MARRIAGE HAS NOT BEEN LEGALLY DISSOLVED OR, in case his/her spouse is absent, ABSENT SPOUSE COULD NOT YET BE PRESUMED DEAD3) CONTRACTS 2ND OR SUBSEQUENT MARRIAGE

4) 2ND OR SUBSEQUENT MARRIAGE HAS ALL ESSENTIAL REQUISITES for validity

+ Necessity for a JUDICIAL DECLARATION OF ABSOLUTE NULLITY OF MARRIAGE before contracting another. Such requirement is also for the protection of the spouse who, believing that his marriage is illegal and void, marries again.

350. ILLEGAL MARRIAGEElements:1) Offender CONTRACTED MARRIAGE2) KNEW AT THE TIME THAT: a) LEGAL REQ’TS WEREN’T COMPLIED WITH b) MARRIAGE was IN DISREGARD OF A LEGAL IMPEDIMENT

BIGAMY ILLEGAL MARRIAGESubsequent marriage must be perfectly VALID EXCEPT it’s BIGAMOUS

Subsequent marriage is NULL OR ANNULLABLE EVEN IF THERE’S NO 1ST MARRIAGE

LIMITED to offender’s CONTRACTING 2ND MARRIAGE BEFORE FMR HAS BEEN LEGALLY DISSOLVED or before absent spouse has been declared presumptively dead

COVERS ALL marriages which are otherwise voidable or null and void EXCEPT BIGAMOUS MARRIAGES

351. PREMATURE MARRIAGEPersons liable:1) WIDOW who is MARRIED W/IN 301 DAYS FROM DATE OF HER HUSBAND’S DEATH, OR BEFORE HAVING DELIVERED if she’s pregnant at the time of his death2) WOMAN WHO, her marriage having been annulled or dissolved, MARRIED BEFORE HER DELIVERY OR BEFORE the EXPIRATION OF 301-DAY PERIOD AFTER THE date of the LEGAL SEPARATION

+ REASON FOR 351: prevent confusion as to child’s paternity. If the woman isn’t pregnant when she married or if her pregnancy is then manifest, there’s no confusion as to the child’s paternity.+ Absent the reason for the law, the law doesn’t apply. If the woman is barren, the same principle holds true

352. PERFORMANCE OF ILLEGAL MARRIAGE CEREMONYPersons liable:+ PRIESTS OR MINISTERS of any religious denomination or sect, or civil authorities

+ Persons who PRETEND TO BE PRIESTS will be LIABLE FOR USURPATION OF OFFICIAL FUNCTION

CRIMES AGAINST HONOR

353. DEFINITION OF LIBELElements:1) There must be an IMPUTATION of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance2) Imputation must be MADE PUBLICLY



3) Must be MALICIOUS4) Imputation must TEND TO CAUSE the DISHONOR, DISCREDIT OR CONTEMPT OF the PERSON DEFAMED

+ LIBEL: a public and malicious imputation of a crime even if true of a vice or defect, real or imaginary or any act or omission, condition, status, or circumstance tending to cause dishonor, discredit, or contempt of a natural person, juridical person, or blacken the memory of one who is dead+ To satisfy the element of IDENTIFIABILITY, it must be shown that AT LEAST A 3RD PERSON OR A STRANGER WAS ABLE TO IDENTIFY HIM AS THE OBJECT OF THE DEFAMATORY STATEMENT+ ELEMENTS OF LIBEL1) IMPUTATION2) PUBLICITY3) MALICE4) IDENTIFIABLE PERSON5) TENDS TO CAUSE DISCREDIT, etc.

354. REQUIREMENT FOR PUBLICITY+ EVERY defamatory IMPUTATION IS PRESUMED to be MALICIOUS, even if it be true, IF NO GOOD INTENTION & JUSTIFIABLE MOTIVE FOR MAKING IT IS SHOWN. EXCEPTIONS:

- PRIVATE COMMUNICATION made by any person to another in the performance of any legal, moral, or social duty

- FAIR AND TRUE REPORT, made in good faith, without any comments/remarks, of any JUDICIAL, LEGISLATIVE, OR OTHER OFFICIAL PROCEEDINGS W/C AREN’T 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

+ There is PUBLICITY if the MATERIAL IS COMMUNICATED TO A 3RD PERSON. It’s not required that the person defamed has read or heard about the libelous remark. What is material is that a third person has read or heard the libelous statement+ Imputation is legally malicious if done without any reason that would justify a normally conscientious man in so making the imputation.+ DOCTRINE OF FAIR COMMENT: While in general every discernible imputation publicly made is deemed false, when the imputation is directed against a PUBLIC PERSON IN HIS PUBLIC CAPACITY, it’s not necessarily actionable.+ If the comment is an expression of an opinion, based on established facts, then it’s immaterial that the opinion happens to be mistaken, as long as it might be reasonably inferred from the facts.

+ KINDS OF PRIVILEGE1) ABSOLUTE: law doesn’t allow malice as a factor. NOT ACTIONABLE- Statements by lawyers in pleadings which are relevant to the case- Statements in judicial, legislative, or other official proceedings- Acts of State 2) QUALIFIED: not actionable unless author was in bad faith – ACTIONABLE IF MALICE IN FACT IS SHOWN+ UNNECESSARY PUBLICATION DESTROYS THE PRIVILEGE

+ MALICE IN LAW: that which the law presumes to be present where the offender can’t establish justifiable reasons or good motives for the imputation. Complainant doesn’t have to prove its existence because it’s presumed by law+ MALICE IN FACT: that which the complainant has to prove to exist. Offended must prove the existence of malice to hold the offender criminally and civilly liable. This malice is RELEVANT IN QUALIFIED PRIVILEGED COMMUNICATIONS.

355. LIBEL BY MEANS OF WRITINGS OR SIMILAR MEANSLibel may be committed by means of:1) Writing2) Printing3) Lithography4) Engraving5) Radio6) Photograph7) Painting8) Theatrical exhibition9) Cinematographic exhibition10) Any similar means

356. THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH PUBLICATION FOR A COMPENSATIONPunished acts:1) THREATENING ANOTHER TO PUBLISH A LIBEL concerning him, or his parents, spouse, child, or other family members2) OFFERING TO PREVENT the PUBLICATION OF SUCH libel for compensation or money consideration

357. PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGSElements:1) Offender is a REPORTER, EDITOR, OR MANAGER of a NEWSPAPER, daily or magazine2) He PUBLISHES FACTS CONNECTED W/ THE PRIVATE LIFE OF ANOTHER3) SUCH facts are OFFENSIVE TO THE HONOR, VIRTUE AND REPUTATION OF SAID PERSON

358. SLANDERKinds of oral defamation:1) SIMPLE slander2) GRAVE slander, when it is of a serious and insulting nature

+ Source of the statement is known. If the intrigue is in writing:

- FALSIFICATION, if not under oath (false narration of facts)

- PERJURY, if under oath+ CONSIDER GRAVITY on basis of EXPRESSIONS USED & ATTENDANT CIRCUMSTANCES+ As your status goes up, the more respect you’re entitled to and the bigger the amount of damages you can claim

359. SLANDER BY DEEDElements:1) Offender PERFORMS ANY ACT NOT INCLUDED IN ANY OTHER CRIME AGAINST HONOR



2) SUCH act is PERFORMED IN the PRESENCE OF OTHER PERSON/S3) SUCH act CASTS DISHONOR, DISCREDIT OR CONTEMPT UPON THE OFFENDED PARTY

+ Differentiated from:- Acts of lasciviousness: LEWD DESIGN- Unjust vexation: ANNOYANCE- SLANDER BY DEED: PUBLICITY THAT LEADS TO SHAME

360. PERSONS RESPONSIBLEPersons responsible for libel:1) ANY PERSON who shall PUBLISH, EXHIBIT, OR CAUSE THE PUBLICATION OR EXHIBITION of any defamation in writing or by similar means2) The AUTHOR OR EDITOR of a BOOK OR PAMPHLET3) The EDITOR OR BUSINESS MANAGER of a DAILY NEWSPAPER, MAGAZINE, OR SERIAL PUBLICATION

361. PROOF OF THE TRUTHProof of the truth is admissible in any of the ff.:1) When the ACT OR OMISSION IMPUTED CONSTITUTES A CRIME regardless of whether the offended party is a private individual or a public officer2) When the OFFENDED PARTY IS A GOV’T EMPLOYEE, even if the ACT OR OMISSION doesn’t constitute a crime, provided, it’s RELATED TO THE DISCHARGE OF HIS OFFICIAL DUTIES

+ GEN. RULE: Evidence proving the imputation is objectionable because such is inadmissible. 361 provides the exceptions+ The question is whether from the fact that the statements were defamatory, malice can be presumed so that it was incumbent upon petitioner to overcome such presumption+ RULE OF ACTUAL MALICE: Even if the defamatory statement is false, no liability can attach if it relates to official conduct, unless the public official concerned proves that the statement was made with actual malice – that is, with knowledge that it was false or with reckless disregard of whether it was false or not

+ When person is a PUBLIC FIGURE, anything that is in connection with why he’s in the spotlight is fair game. Imputation regarding something purely private is actionable+ For PUBLIC OFFICIALS, it’s not actionable if it’s in connection with what they do in office – performance of duty or fitness to hold public office

+ ONLY THE OFFENDED PARTY CAN FILE+ Rules on VENUE1) PRIVATE individual- WHERE HE RESIDES at the time the offense was committed- PLACE OF FIRST PUBLICATION2) PUBLIC OFFICIAL- Where he HOLDS OFFICE- PLACE OF FIRST PUBLICATION

362. LIBELOUS REMARKS+ Libelous remarks or comments CONNECTED ON MATTERS PRIVILEGED, IF MADE WITH MALICE IN FACT, DON’T EXEMPT the author or editor.

363. INCRIMINATING INNOCENT PERSONS

Elements:1) OFFENDER PERFORMS an act2) BY SUCH an act, HE INCRIMINATES OR IMPUTES TO AN INNOCENT PERSON THE COMMISSION OF A CRIME3) SUCH act DOESN’T CONSTITUTE PERJURY

+ Limited to PLANTING EVIDENCE+ This act is resorted to by officers to enable them to arrest the subject, in which case the arrest is unlawful. The crime is unlawful arrest through incriminating innocent persons+ Example: Taking one’s wallet and putting it into another’s pocket imputing that the latter committed theft

364. INTRIGUING AGAINST HONORElements:1) Offender DISSEMINATES ANY INTRIGUE2) Its principal PURPOSE is TO BLEMISH the HONOR OR REPUTATION OF A PERSON

+ Any intrigue which has for its principal purpose to blemish the honor or reputation of a person. The author is unknown and the offender utters only what he heard others say+ Must prove existence of a scheme

RA 4200 – ANTI-WIRETAPPING LAW+ Penalizes acts of SECRETLY OVERHEARING, INTERCEPTING OR RECORDING PRIVATE COMMUNICATIONS by means of devices enumerated therein. Mere allegation that an individual made a secret recording of a private communication by means of a tape recorder would suffice to constitute an offense+ ANY RECORDING is INADMISSIBLE unless it’s W/ CONSENT OF BOTH PARTIES OR THROUGH COURT ORDER+ Makes it ILLEGAL FOR ANY PERSON, NOT AUTHORIZED BY ALL THE PARTIES to any private communication to secretly record such communication… The law makes NO DISTINCTION AS TO WHETHER the PARTY SOUGHT TO BE PENALIZED BE A PARTY OTHER THAN or different from THOSE INVOLVED IN PRIVATE COMMUNICATION+ There must be EITHER a PHYSICAL INTERRUPTION through a WIRETAP or the DELIBERATE INSTALLATION of a device or arrangement for that purpose. Interception by an extension phone not considered under “any other device or arrangement”+ Framers of the law more concerned with penalizing the act of recording than the act of merely listening to a telephone conversation

CRIMINAL NEGLIGENCE

365. IMPRUDENCE AND NEGLIGENCEPunished acts:1) Committing through RECKLESS IMPRUDENCE ANY ACT WHICH, had it been intentional, WOULD CONSTITUTE A GRAVE OR LESS GRAVE FELONY OR LIGHT FELONY2) Committing through SIMPLE IMPRUDENCE OR NEGLIGENCE AN ACT WHICH WOULD otherwise CONSTITUTE A GRAVE OR LESS SERIOUS FELONY3) CAUSING DAMAGE TO the PROPERTY OF ANOTHER THROUGH RECKLESS IMPRUDENCE OR SIMPLE IMPRUDENCE OR NEGLIGENCE



4) CAUSING THROUGH SIMPLE IMPRUDENCE OR NEGLIGENCE SOME WRONG WHICH, if done maliciously, WOULD’VE CONSTITUTED A LIGHT FELONY

+ NEGLIGENCE: Lack of FORESIGHT – you SHOULD’VE KNOWN+ IMPRUDENCE: Lack of SKILL – you SHOULD’VE BEEN MORE CAREFUL+ ACCIDENT IS EXEMPTING: no intent and no negligence or imprudence

Elements of RECKLESS IMPRUDENCE1) Offender DOES OR FAILS TO DO AN ACT2) DOING OR FAILURE TO DO THAT ACT is VOLUNTARY3) WITHOUT MALICE4) RESULTING IN MATERIAL DAMAGE5) There’s INEXCUSABLE LACK OF PRECAUTION ON OFFENDER’S PART CONSIDERING: a) His EMPLOYMENT OR OCCUPATION b) DEGREE OF INTELLIGENCE & PHYSICAL CONDITION c) OTHER CIRCUMSTANCES regarding persons, time and place

+ In reckless imprudence, the impending damage is immediate and the danger manifest; otherwise it’s simple imprudence+ Malice is the antithesis of reckless imprudence. Once malice is proven, recklessness disappears+ DEGREE OF CARELESSNESS OR LACK OF FORESIGHT results in distinction as to penalty

Elements of SIMPLE IMPRUDENCE1) There’s LACK OF PRECAUTION ON the PART OF the OFFENDER2) DAMAGE IMPENDING TO BE CAUSED ISN’T IMMEDIATE OR the DANGER ISN’T CLEARLY MANIFEST

+ SIMPLE NEGLIGENCE: mere lack of prevision in a situation where either the threatened harm is not immediate or the danger not openly visible

+ MEDICAL MALPRACTICE: a particular form of negligence which 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 circumstancesElements:1) DUTY2) BREACH3) INJURY4) PROXIMATE CAUSE+ Patient must prove the doctor either failed to do something which a reasonably prudent doctor would’ve done, or that s/he did something that a reasonably prudent doctor wouldn’t have done, and that the failure or action caused injury to the patient

+ NEGATIVE INGREDIENT TEST: present best evidence procurable under the circumstances to shift burden of disproving or creating the proof of the negative ingredient to the accused, provided such initial evidence establishes

at least on a prima facie basis the guilt of the accused (normally prosecution must prove what accused failed to do)

+ EMERGENCY RULE: Person is 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 may appear to have been a better method, unless the emergency is brought about by his own negligence

+ RES IPSA LOQUITUR is generally restricted to situations in malpractice cases where a layman in able to say, as a matter of common knowledge and observation, that the consequences of professional care weren’t as such as would ordinarily have been followed if due care had been exercisedRequisites for application of res ipsa loquitur:1) Accident was OF THE KIND W/C DOESN’T ORDINARILY OCCUR UNLESS SOMEONE IS NEGLIGENT2) INSTRUMENTALITY or agency W/C CAUSED the INJURY was UNDER THE EXCLUSIVE CONTROL OF THE PERSON IN CHARGE3) INJURY SUFFERED must NOT have been DUE TO ANY VOLUNTARY ACTION OR CONTRIBUTION OF the PERSON INJURED+ Generally, expert medical testimony is relied upon in malpractice suits to prove a doctor has done a negligent act or deviated from standard medical procedure. When the doctrine of RES IPSA LOQUITUR is availed by the plaintiff, the need for expert testimony is dispensed with because the injury itself provides proof of negligence. When the doctrine is appropriate, all that the patient must do is PROVE A NEXUS BETWEEN THE PARTICULAR ACT or omission COMPLAINED OF AND THE INJURY SUSTAINED while under the custody and management of the defendant.


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Criminal Law 2 Finals Reviewer