Criminal Law 2.Terms and Comparisons

DLSU-COL| CRIMINAL LAW II| JUSTICE DENNIS VILLA-IGNACIO| KAREN MAE CRUZ| 1

TREASON

a breach of allegiance to a government committed by a person who owes allegiance to it.

ALLEGIANCE

an obligation of fidelity and obedience which individuals owe to the government under which they live or to their sovereign, in return for the protection they receive.

LEVY WAR

occurs when 2 things concur: (a) actual assembly of men, and (b) for the purpose of executing a treasonable design by force.

ADHERENCE TO THE ENEMY

Intent to betray; occurs when a citizen intellectually or emotionally favors the enemy and abhors sympathies or convictions disloyal to his countrys policy or interest.

AID OR COMFORT

an act, deed or physical activity, not merely a mental operation, which strengthens or tends to strengthens the enemy in the conduct of war against the traitors enemy.

ESPIONAGE

gathering, transmitting or losing information respecting the national defense with intent or reason to believe that the information is to be used to injure the RP, or to the advantage of any foreign nation.

NEUTRALITY

nation or power which takes no part in a contest of arms going on between others.

CORRESPONDENCE

communication by means of letters.

HIGH SEAS

any waters on the sea coast which are without the boundaries of low-water mark, although such waters may be in the jurisdictional limits of a foreign government; parts of the seas that are not included in the EEZ, territorial seas or in the states internal waters or in the archipelagic waters of an archipelagic state.


PIRACY

robbery or forcible deprivation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility.

MUTINY

unlawful resistance to a superior officer or the raising of commotions and disturbance on board a ship against the authority of its commander.

DETENTION

actual confinement of a person in an enclosure or in any manner detaining and depriving him of his liberty.

PROBABLE CAUSE

such facts and circumstances which could lead a reasonable discreet and prudent man to believe that an offense has been committed and that the object sought in connection with the offense has been committed and that the object sought in connection with the offense are in the place sought to be searched.

ARBITRARY DETENTION

any public officer or employee who, without legal grounds, detains a person.

REBELLION

a public uprising and taking of arms against the government, the purpose of which is to remove from the allegiance to said government or its laws, or to deprive the Chief Executive or Congress, wholly and partially, of any of their powers or prerogatives.

SEDITION

a public and tumultuous uprising.

COUP D ETAT

a swift attack accompanied by violence, intimidation, threat, strategy or stealth directed against duly constituted authorities of the RP, or any military campby any persons belonging to the military or police or any public officer or employee, with or without civilian support or participation for the purpose of seizing or diminishing state power.

POLITICAL CRIMES

crimes directly aimed against the political order.


CLEAR AND PRESENT DANGER RULE

Words must be of such nature that by uttering them there is a danger of a public uprising and that such danger should be both clear and imminent. There is reasonable ground to believe imminent and serious danger exists. It must refer to the probability of serious injury to the state.

DANGEROUS TENDENCY RULE

If the words used tend to create a danger of public uprising, then those words could properly be the subject of penal clause. Words uttered or published could easily produce disaffection among the people and a state of feeling in them incompatible with a disposition to remain loyal to the government and obedient to the laws.

ILLEGAL ASSEMBLIES

Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the RPC, or in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or assault a person of authority or his agents.

ILLEGAL ASSOCIATIONS

Associations totally or partially organized for the purpose of committing any of the crimes punishable under the RPC or organized for some purpose contrary to public morals.

DIRECT ASSAULT

Any person/s who:

(1) without public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition, or

(2) shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance.

PUBLIC OFFICERS

Any person who:

(1) by direct provision of the law, (2) popular election, or (3) appointment by competent authority,

shall: (1) take part in the performance of public functions in the Government of the Philippine Islands, or (2) shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate

official, of any rank or class.


PERSONS IN AUTHORITY

Any person directly vested with jurisdiction, whether as an:

(1) individual, or (2) member of some court or governmental corporation, board or commission.

directly vested with jurisdiction- power and authority to govern and execute laws.

AGENTS OF PERSONS IN AUTHORITY

A person who:

(1) by direct provision of law, or (2) by election, or (3) by appointment by competent authority,

is charged with the: (1) maintenance of public order, and (2) protection and security of life and property.

COUNTERFEITING

The imitation of a legal or genuine coin.

IMPORTING

Bringing of coins to port.

UTTERING

To pass counterfeited coins; includes their delivery or the act of giving them away.

MUTILATION

(1) To take off part of the metal either by filling it or substituting it for another metal of inferior quality. (2) To diminish by ingenious means the metal in the coin. (3) The lopping or the clipping off some part of the body.

FALSIFICATION

Commission of any of the 8 acts in Art. 171 on legislative (only the act of any making alteration), public or official, commercial, or private documents, or wireless or telegraph messages.

FORGERY

Refers to the falsification and counterfeiting of treasury or bank notes or any instruments payable to bearer or to order.


ROBBERY

The taking of personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person, or using force upon anything.

BRIGANDAGE

A crime committed by more than 3 armed persons who form a band of robbers for the purpose of:

(1) committing robbery in the highway, or (2) kidnapping persons for the purpose of extortion or to obtain ransom, or (3) for any other purpose to be attained by means of force or violence.

FALSE TESTIMONY

Committed by a person who, being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it.

PERJURY

False testimony under oath given in a non-judicial proceeding.

OATH

Any form of attestation by which a person signifies that he is bound in conscience to perform an act faithfully and truthfully.

AFFIDAVIT

A sworn statement in writing.

MATERIAL MATTER

The main which is:

(1) the subject of the inquiry, or (2) any circumstance which tends to prove that fact, or (3) any fact or circumstance which tends to corroborate or strengthen the testimony relative to the subject of

inquiry, or (4) which legitimately affects the credit of any witness who testifies.


KINDS OF DOCUMENTS

(1) Public

issued by a public official in response to the exigencies of the public service, or in the execution of which a public official intervened.

Any instrument authorized by the notary public or a competent public official, with the solemnities required by law.

(2) Official Issued by a public official in the exercise of the functions of his office Also considered as a public document.

(3) Private A deed or instrument executed by a private person without the intervention of a notary public or other

person legally authorized by which document some disposition or agreement is proved evidenced or set forth.

(4) Commercial Any document defined and regulated by the Code of Commerce or any other commercial law. Used by merchants or businessmen to promote or facilitate trade.

SUBORDINATION OF PERJURY

Committed by a person who knowingly and willfully procures another to swear falsely and the witness suborned does testify under circumstances rendering him guilty of perjury.

GRAVE SCANDAL

Consists of acts which are offensive to decency and good customs which, having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same.

OBSCENITY

Offensive to chastity, decency or delicacy.

MALFEASANCE

The improper performance of some act which might lawfully be done.

MISFEASANCE

The performance of some act which ought not to be done.


NONFEASANCE

The omission of some act which ought to be performed.

INTERLOCUTORY ORDER

An order which is issued by the court between the commencement and the end of the suit or action and which decides some point or matter, but which, however, is not a final decision of the matter in issue.

DIRECT BRIBERY

Any public officer who shall:

(1) agrees to perform an act constituting a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through, the mediation of another, or

(2) accepts the gift in consideration of the execution of an act which does not constitute a crime, or (3) refrains from doing something which it was his official duty do.

PREVARICACION

(1) Refraining from instituting prosecution for the punishment of violators of the law, or (2) Tolerating the commission of offenses.

MALVERSATION (EMBEZZLEMENT)

A public officer who, by reason of the duties of his office, is accountable for public funds or property, shall:

(1) appropriate the same, or (2) take or misappropriate, or (3) shall consent, or (4) through abandonment or negligence, shall permit any other person to take such public funds or property,

wholly or partially, or (5) shall otherwise be guilty of the misappropriation.

NEGLIGENCE

Omission to do something which a reasonable man, guided by those considerations which ordinarily regulates the conduct of human affairs would do, or the doing of something which a prudence and reasonable man would do.

PARRICIDE

The killing of the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse.


MURDER

The unlawful killing of any person which is not parricide or infanticide, provided that certain circumstances are present.

CORPUS DELICTI

The actual commission of the crime charged; the fact of commission; crime actually perpetuated.

EUTHANASIA

The practice of painlessly putting to death a person suffering from some incurable disease. The person does not want to die.

INFANTICIDE

The killing of any child less than 3 days of age by any person.

ABORTION

The willful killing of the foetus in the uterus, or the violent expulsion of the foetus from the maternal womb which results in the death of the foetus.

RANSOM

Money, price or consideration paid or demanded for redemption of a captured person, a payment that releases from captivity.

UNJUST VEXATION

Includes any human conduct which, although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person.

ROBBERY

The taking of personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person, or suing force upon anything.


THEFT

Committed by any person who:

(1) with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latters consent, or

(2) having found lost property, fail to deliver the same to the local authorities or to its owner, or enter an inclosed estate or a filed where trespass is forbidden or which belongs to another and, without the consent of its owner, hunt or fish the same or gather fruits, cereals or other forest or farm products.

FENCING

Act of any person who, with intent to gain form 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.

JURIDICAL POSSESSION

A possession which gives the transferee a right over the thing which the transferee may set up even against the owner.

CONVERSION AND MISAPPROPRIATION

C: presupposes that the thing has been devoted to a purpose or use different from that agreed on. M: to own, to take something for ones own benefit. C and M: connote an act of using or disposing of anothers property as if it were ones own or devoting it to a purpose or use different from that agreed upon. To misappropriate for ones own use includes, not only conversion to ones personal advantage but also every attempt to dispose of the property of another without right.

CONSTRUCTIVE POSSESSION

The relation between the owner of the thing and the thing itself when the owner is not in the actual physical possession, but when it is still under his control and management, and subject to his disposition.

ENCUMBRANCE

Includes every right or interest in the land which exists in favor of a third person.


ARSON

The malicious destruction of property by fire.

DESTRUCTIVE ARSON

The malicious burning of structures, both public and private, hotels, buildings, edifices, trains, vessels, aircraft, factories and other military, government or commercial establishments by any person or group of persons.

MALICIOUS MISCHIEF

The willful damaging of anothers property for the sake of causing damage due to hate, revenge or other evil motive.

SEDUCTION

Enticing a woman to unlawful sexual intercourse by promise of marriage or other means of persuasion without the use of force.

ABDUCTION

The taking away of a woman from her house or the place where she may be for the purpose of carrying her to another place with intent to marry or to corrupt her.

SIMULATION OF BIRTH

Takes place when the woman who pretends to be pregnant when in fact she is not, and on the day of the supposed delivery, takes the child of another as her own.

LIBEL

An imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, status and circumstance, made publicly, maliciously, directed to a natural or juridical person, or one who is dead, and that it must tend to cause the dishonor, discredit or contempt of the person defamed.

DEFAMATION

Exists if the criticism follows a public officer into his private life which has no connection with the performance of his public duties, and falsely charges him with evil motives, clearly designed to destroy his reputation or besmirch his name.


SLANDER

Libel committed by oral or spoken means, instead of writing. Also known as oral defamation. It is the speaking of base and defamatory word which tend to prejudice another in his reputation, office, trade, business or means of livelihood.

SLANDER BY DEED

A crime against honor which is committed by performing an act which casts dishonor, discredit, or contempt upon another person.

INTRIGUING AGAINST HONOR

Committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person. It is any scheme or ploy by means which consist of some trickery.

SIMPLE IMPRUDENCE

Consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest.

RECKLESS IMPRUDENCE

Consists in voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his: employment/occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place.


LEVY WAR v. ADHERENCE TO ENEMY

LW and AE: both require overt acts. LW: formal declaration of state of war is unnecessary. AE: formal declaration of state or war is necessary. LW: purpose is to deliver the country to the enemy. AE: purpose is to strengthen the enemy.

TREASON v. ESPIONAGE

T and E: both are not conditioned on offenders citizenship. T: a war crime. E: not a war crime. T: limited into 2 modes of commission, namely, levying war and adhering to the enemy. E: may be committed in several ways.

PIRACY v. MUTINY

P: committed by strangers. M: committed by crew members and/or passengers. P: high seas and Philippine waters. M: Philippine waters only. P: intent to gain (animo frandi). M: intent is to unlawfully resist the superior officer or the raising of commotions and disturbances on board a ship against the commanders authority.


ARBITRARY DETENTION v. ILLEGAL DETENTION

AD: committed by a public officer vested with authority to detain or order the detention of persons accused of a crime. ID: committed by a private individual, or a public officer who has no vested authority to detain or order the detention of persons accused of a crime AD: illegal from the beginning. ID: may be lawful from the start (such as the private citizen arresting and detaining a person who has committed a crime in the formers presence).

PERSONAL KNOWLEDGE v. PROBABLE CAUSE

PK and PC: must not be based on hearsay. PK: an actual belief or reasonable grounds of suspicion. PC: such facts and circumstance which could lead a reasonable and discreet and prudent man to believe that an offense has been committed and that the object sought in connection with the offense are in the place to be searched.

VIOLATION OF DOMICILE v. TRESPASS TO DWELLING

VD (first mode) and TD: entrance is committed against the owners will. VD: committed by a public officer. TD: committed by a private individual.

VIOLATION OF DOMICILE v. SEARCHING DOMICILE W/O WITNESSES

VD and SD: both are committed by public officers vested with authority to make an entrance. VD: public officer has no authority to search because he does not possess a judicial order (i.e. search warrant) that authorizes him to search. SD: public officer has authority to search because he possesses a judicial order (i.e. search warrant) that authorize him to search. VD: search is unlawful because of the absence of a judicial order. SD: search is unlawful because there are no witnesses in the course of the search.


PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS v. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER

PI: committed by a public officer or employee. TO: committed by a private individual. PI: acts punished are:

(1) prohibit or interrupt the holding or dissolve of a peaceful meeting; (2) hinder any person from joining any lawful association or from attending its meetings; (3) prohibit or hinder any person from addressing, either alone or together with others, any petition to the

authorities for the correction of abuses or redress of grievances. TO: acts punished are those not included in Art. 131 and 132, such as:

(1) causing disturbance in a public place, office or establishment; (2) making an outcry tending to incite rebellion or sedition in any meeting, association or public place; (3) displaying placards or emblems which provoke a disturbance of public order in such place; (4) burying with pomp of the body of a person who has been legally executed.

PI v. UNJUST VEXATION

PI: committed by a stranger. UV: committed by a participant.

REBELLION v. INSURRECTION

R: object is the complete overthrow of the government (supersede). I: object is to effect some change of minor importance (prevent exercise of governmental authority with respect to particular matters/subjects).

TREASON v. REBELLION

T: what constitutes it is the levy of war or adherence to enemy during war time. R: levying of war can be done even during time of peace. T: mere adherence, giving enemy aid or comfort. R: taking arms against government is always done. T: giving aid or comfort is a criminal act. R: giving aid or comfort is not a criminal act.


REBELLION v. SUBVERSION

R: a crime against public order. S: like treason, a crime against national security.

POLITICAL CRIMES v. COMMON CRIMES

PC: those directly aimed against the political order; politically motivated. CC: no such intent exists.

INCITING TO REBELLION v. PROPOSAL TO COMMIT REBELLION

IR and PR: both induces another to commit rebellion. IR: not required that offender has decided to commit rebellion. PR: offender has to be decided to commit rebellion. IR: act of inciting is done publicly. PR: act of inciting uses secret means.

SEDITION v. REBELLION

S and R: both must have a public uprising. S: sufficient that the public uprising is tumultuous. R: taking of arms against the government is necessary.

TREASON v. SEDITION

T: violation by a subject of his allegiance to his sovereign S: raising of commotions or disturbances in the state.

SEDITION v. INCITING TO SEDITION

S: act causes disturbances and commotions. IS: disturbance or disorders are not necessary.


INCITING TO REBELLION OR SEDITION v. PUBLIC DISORDER

IRS: necessary that the offender should have done the act with the idea aforethought of inducing his hearers and readers to commit rebellion or sedition. PD: if the outcry is more or less an unconscious outburst which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition. IRS: meeting is not lawful from the beginning. PD: meeting is lawful in the beginning.

ILLEGAL ASSEMBLY v. ILLEGAL ASSOCIATION

Iay requires an actual meeting:

(1) attended by armed persons for the purpose of committing any of the crimes under the RPC; or (2) in which the audience, armed or not, is incited to the commission of treason, rebellion, sedition or

assault. IAn: actual meeting is not necessary. Iay: it is the meeting and attendance at such meeting that are punished. IAn: it is the act of forming or organizing and membership in the association that are punished. Iay: liable persons are:

(1) organizers or leaders of the meeting, and (2) persons present in the meeting.

IAn: liable persons are: (1) founders, directors and president, and (2) members.


DIRECT ASSAULT v. RESISTANCE OR SERIOUS DISOBEDIENCE

DA and RSD: force is employed. Difference is: DA: the force must be serious and deliberate. RSD: resistance is not so serious as there is no manifest intention to defy the law and the officers enforcing it. If resistance is serious, it becomes DA. NOTE: serious pertains to the gravity of disobedience. DA: persons in authority or his agent must be engaged in the performance of official duties or he is assaulted by reason thereof. RSD: persons in authority or his agent must be in the actual performance of his duties. DA: 2nd form is committed in 4 ways:

(1) attacking; (2) employing force; (3) seriously intimidating; (4) seriously resisting a person in authority or his agent.

RS: only resisting or seriously disobeying a person in authority or his agent.

VIOLATION OF CONDITIONAL PARDON v. EVASION OF SERVICE OF SENTENCE BY ESCAPING

VC: does not cause harm or injury to the right of other persons nor does it disturb public order because it is merely an infringement of the terms stipulated in the contract between the Chief Executive and the prisoner. ES: at attempt at least to evade the penalty, hence, defeating the purpose of the law of either reforming or punishing them for having disturbed the public order.

FALSIFICATION OF PUBLIC DOCUMENTS v. FALSIFICATION OF PRIVATE DOCUMENTS

Pu: the principal thing punished is the violation of public faith and the perversion of truth which the document solemnly proclaims. Pr: the principal thing punished is the prejudice or the intention to cause prejudice to 3rd persons. Pu: prejudice to 3rd persons is not material. Pr: prejudice to 3rd persons is material.


FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS (172) v. FALSE MEDICAL CERTIFICATES, CERTIFICATES OF MERIT OR SERVICE (174)

172: documents embraced in arts. 171 and 172. 174: other documents (i.e. certificates)

USE OF FICTITIOUS NAME v. CONCEALING TRUE NAME

FN: the element of publicity must be present. CN: the element of publicity need not be present. FN: purpose is any of those enumerated, namely:

(1) conceal crime, (2) evade judgment, or (3) cause damage.

CN: purpose is to merely conceal identity.

MATERIAL v. RELEVANT v. PERTINENT

M: it is directed to prove a fact in issue. R: it tends in any reasonable degree to establish the im/probability of a fact in issue. P: it concerns collateral matters which make more or less probably the proposition at issue.

PREVARICACION v. DIRECT BRIBERY

P: committed by refraining from doing something which pertains to the official duty of the officer not in consideration of a gift promised or received. DB: committed by refraining from doing something which pertains to the official duty of the officer in consideration of a gift promised or received.

EVASION OF SERVICE OF SENTENCE v. EVASION THROUGH NEGLIGENCE

ES: person who has escaped must be a prisoner by final judgment. EN: person who has escaped can be a prisoner by final judgment or a detention prisoner.


SLAVERY v. KIDNAPPING v. ILLEGAL DETENTION

Purpose must be determined: S: to enslave. K and I: other purpose.

DIRECT BRIBERY v. INDIRECT BRIBERY

DB and IB: the public officer receives gifts. DB: there is an agreement between the public officer and the gift giver. IB: usually, no such agreement exists. DB: offender agrees to perform an act or refrains from doing something because of the promise or gift. IB: it is not necessary that the officer should do any particular act or even promise to do an act, as it is enough that he accepts gifts offered to him by reason of his office. DB: offer or gift. IB: gift only.

ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY v. MALVERSATION OF PUBLIC FUNDS OR PROPERTY

IU and M: offenders are accountable officers. IU: offender does not derive any personal gain or profit. M: offender in certain cases profits from the proceeds of the crime. IU: public funds or property is applied to another public use. M: public funds or property is applied to the personal use and benefit of the offender or of another person. IU: there has to be a law or ordinance specifying where public funds or property are to be placed. M: there is no need for a law or ordinance specifying where public funds or property are to be placed.

INFIDELITY IN THE CUSTODY OF DOCUMENT v. MALVERSATION AND FALSIFICATION

IC: when the postmaster receives letters or envelopes containing money for transmission and the money orders are not sent to the addressees, and cashing the same for his own benefit. MF: when the postmaster receives money orders, signed the signatures of the payees, collected and appropriated the amount. (NOTE: falsification was done to conceal malversation)


REVELATION OF SECRETS BY AN OFFICER v. INFIDELITY IN THE CUSTODY OF DOCUMENTS OR PAPERS BY REMOVING THE SAME

R and I: offenders are public officers who R: offender knows the secret by reason of his official capacity. I: offender is officially entrusted with the documents or papers. R: papers contain secrets that should not be published. I: documents papers do not contain secrets. R: removes and delivers papers wrongfully to a 3rd person. I: removes documents or papers for an illicit purpose. R: serious material damage to the public interest is necessary. I: either serious or not serious damage to a 3rd part or to the public damage is necessary.

BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR v. PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL

BT: offender is an attorney or solicitor. PO: any other public officer to whom the secrets of any private individual shall become known by reason of his office.

ABANDONMENT OF OFFICE v. NEGLIGENCE AND TOLERANCE IN PROSECUTION OF OFFENSES

A and NT: offenders are public officers. A: committed by a public officer. NT: committed only by public officers who have the duty to institute prosecution for the punishment of violations of the law. A: public officer abandons his office to evade the discharge of his duty. NT: public officer does not abandon his office but fails to prosecute an offense by:

(1) dereliction of duty, or (2) by malicious tolerance of the commission of the offense.


ABORTION v. INFANTICIDE

A: foetus cannot sustain an independent life after its separation from the womb. I: feotus can sustain an independent life after its separation from the womb.

PHYSICAL INJURIES v. ATTEMPTED/FRUSTRATED HOMICIDE

PI: offender has no intent to kill offended party. AF: offender has intent to kill offended party.

ORDINARY PHYSICAL INJURIES v. MUTILATION

M: must have been caused purposely and deliberately to lop or clip off some part of the body so as to deprive the offended party of such part of the body. PI: such special intention is not present.

UNLAWFUL ARREST v. OTHER DETENTION

UA: if the purpose of locking up or detaining the victim is to deliver him to the proper authorities and it develops that the detention is unlawful. OD: in any other case.

DELAY IN THE DELIVERY OF DETAINED PERSONS TO PROPER JUDICIAL AUTHORITIES v. UNLAWFUL ARREST

DD: the detention is for some legal ground. UA: the detention is not authorized by law. DD: crime is committed by failing to deliver such person to the proper judicial authority within a certain period of time. UA: crime is committed by making an arrest not authorized by law.

KIDNAPPING AND SERIOUS ILLEGAL DETENTION v. KIDNAPPING AND FAILURE TO RETURN A MINOR

KS: offender does not have custody of minor. KF: offender has custody of minor.


EXPLOITATION OF CHILD LABOR v. SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT

E: involves minor. S: anyone. E: offender retains a minor in payment of a debt incurred by another person (ascendant, guardian or person entrusted with the minors custody) S: offender retains the debtor himself. E: services of minor is not limited. S: services are limited to household and farm work.

ABANDONING A MINOR v. ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY (INDIFFERENCE OF PARENTS)

AM: the custody of the offender is stated in general. AME: the custody of the offender is specific, that is, the custody for the rearing or education of the minor. AM: the minor is under 7 years old. AME: the minor is under 18 years old. AM: the minor is abandoned in such a way as to deprive him of the care and protection that his tender years need. AME: the minor is delivered to a public institution or other person.

INDUCING A MINOR TO ABANDON HIS HOME (271) v. INDUCING A MINOR TO ABANDON HIS HOME TO FOLLOW CALLING (278, 5)

278,5: the purpose of inducing the minor to abandon his home is to follow any person engaged in any of the callings mentioned in Art. 278. 271: no such purpose. 278,5: minor is under 16 years of age. 271: minor is under 18 years of age.


TRESPASS TO DWELLING v. OTHER FORMS OF TRESPASS

TD: offender is a private person. OF: offender is any person. TD: offender enters a dwelling house. OF: offender enters closed premises or fenced estate. TD: place is inhabited. OF: place is uninhabited. TD: act constituting the crime is entering the dwelling against the owners will. OF: act constituting the crime is entering the closed premises or the fenced estate without securing permission of the owner or caretaker thereof. TD: prohibition to enter is either express or implied. OF: prohibition to enter must be manifest.

GRAVE THREATS v. ROBBERY WITH INTIMIDATION

GT: demand of delivery of property is not immediate. RI: demand of delivery of property inflicts immediate danger.

GRAVE THREATS v. LIGHT THREATS

GT: wrong constitutes a crime. (1st mode) LT: wrong does not amount to a crime.

BOND FOR GOOD BEHAVIOR v. BOND TO KEEP PEACE

GB: applicable only to grave threats and light threats. KP: in all other cases that require bonds.


GRAVE AND LIGHT THREATS v. OTHER THREATS

GL: there is a demand for money or a condition imposed. OT: there is no demand for money or a condition imposed. OT (2): similar to GT (3) because the harm threated to be committed is a crime. OT (3): similar to LT because the harm threatened to be committed is not a crime. NOTE: in LT in OT, there is no demand for money or that there is no condition imposed or that the threat is not deliberate.

GRAVE COERCION v. UNJUST VEXATION

GC: act of preventing must be at the time act was being done or is about to be committed. UV: act of preventing must be at the time after the act has been committed. UV: 1st and 3rd elements of GC under Art. 286 (1) are present, but the 2nd element (the use of violence upon the offended party in preventing or compelling him to do something against his will), is not present.

PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL v. DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE v.

PO: offender is a public officer. DS: offender is a private individual. PO: the public officer comes to know the secrets of any private individual by reason of his office. PO: existence of secret is material. DS: not necessary that there be a secret; and if there is a secret discovered, it is not necessary hat it be revealed. PO: not necessary that the secrets are contained in papers or letters. DS: seizes the papers or letters of another to discover latters secrets. PO: he reveals secrets without justifiable reason.

COERCION v. EXPULSION

Compulsion becomes expulsion when a public officer employs it to force an individual to change residence without authorization of the law.


COERCION v. ILLEGAL DETENTION

When the offended party, who was in the house of the accused for 3 days as a servant, had the freedom of the house and left it at times to visit her mother, but it was shown that she was compelled against her will to leave her mothers home and go with the accused to the latters house, there is coercion, not illegal detention, therefore: C: not necessarily actual confinement or restraint of the person. ID: actual confinement.

GRAVE THREATS v. GRAVE COERCION v. FRUSTRATED ILLEGAL DETENTION

ID: the essential element is the actual confinement or restraint of person. GT: if the act desired is not immediately consummated. GC: if the desired purpose is correspondingly achieved. GT: if threat is in the future. GC: if threat is immediate and impending in a present confrontation. GT: the harm is directed at the victims person, honor or property or those of his family. GC: the injury as threatened is inflicted on the victim.

GRAVE COERCION v. MALTREATMENT OF PRISONERS

GC: act of extorting a confession or in obtaining information is done on the offended party. MP: act of extorting a confession or in obtaining information is done o the offended party who is a prisoner.

GRAVE COERCION v. UNLAWFUL ARREST

GC: violence, threat or intimidation is used (constitutive element). UA: violence, threat or intimidation is not necessarily used. GC: purpose is to prevent the offended party from doing something not prohibited by law. UA: purpose is to deliver a person to the authorities but fails to do so.

LIGHT COERCION (1) v. LIGHT COERCION (2)

1st mode: with violence 2nd mode: without violence


GRAVE COERCION v. ROBBERY

R: intent to gain. GC: no intent to gain.

ROBBERY WITH HOMICIDE v. HIGHWAY ROBBERY

HR: conviction requires proof that several accused were organized for the purpose of committing it indiscriminately.

ROBBERY WITH RAPE v. RAPE WITH UNJUST VEXATION

RR: robbery was the primary act and the rape was incidental to the robbery. RU: rape was committed and the taking of the property after its commission was without intent to gain but with intent to take something as token.

COMPLEX CRIME OF ROBBERY WITH SERIOUS PHYSICAL INJURIES v. SEPARATE CRIMES OF ROBBERY AND SERIOUS PHYSICAL INJURIES

CC: the serious physical injuries were inflicted in the course of the robbery. SC: the serious physical injuries were inflicted after the taking of the personal property had been complete.


THREATS TO EXTORT MONEY v. ROBBERY THROUGH INTIMIDATION

TE and RI: there is intimidation. TE and RI: purpose is to obtain gain. Urgency of intimidation: TE: conditional or future RI: actual and immediate Manner of intimidation: TE: may be through an intermediary RI: personal To what the intimidation pertain: TE: may refer to the person, honor, property of the offended party or that of his family RI: directed only to the person of the victim Gain TE: not immediate RI: immediate

ROBBERY WITH VIOLENCE v. GRAVE COERCION

RV and GC: offender uses violence. RV: intent to gain. GC: intent to compel another to do something against his will, without authority of law, but believing himself to be the owner or creditor, and thereby seizes the property.


ROBBERY v. BRIBERY

Preceding act of victim R: when the victim did not commit a crime and he is intimidated with arrest and/or prosecution to deprive him of his personal property. B: when the victim has committed a crime and gives money or gift to avoid arrest or prosecution. Mode of deprivation R: Victim is deprived of his money or property by force or intimidation. B: victim parts with his money or property in a sense voluntarily.

EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION v. COERCION

E: When the offended party is compelled by means of violence to sign, execute or deliver the document which he is under obligation to do so.

ROBBERY v. TRESPASS TO DWELLING

R: offender enters the building with intent to take personal property. T: no such intent.


ROBBERY v. THEFT

R: committed by means of violence against or intimidation of any person, or using force upon anything. T: committed without violence, intimidation or force. R: it is necessary that there should be a taking against the owners will. T: it is sufficient that consent on the part of the owner is lacking. R: offender must enter the house or building. The whole body must be inside the house or building to constitute entrance. T: offender must not enter the house or building. R: has a frustrated stage. T: has no frustrated stage. R (force upon things, particularly breaking of door): outside door must be broken. T: door was intact and the entrance was made by removing the hinges or hooks to which the padlocks were attached. R (use of false keys): must be used to open outside door. If to be used on locked or sealed furniture, it must be broken, not merely opened. T: false key is used to open wardrobe or locked receptacle, drawer or inside door.


ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP (299) v. ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING (302)

299: inhabited house, public building, edifice devoted to worship. 302: uninhabited place or building (not a dwelling house), not a public building or not an edifice devoted to religious worship. 299 (a)(4): robbery may be committed by using fictitious name or pretending the exercise of public authority. 302: use of fictitious name or pretending the exercise of public authority cannot be done as there is no person to deceive (since uninhabited place) 299 (b): locked or sealed furniture or receptacle be broken. 302 (4): sealed or closed furniture or receptacle be broken. Robbery in a store: 299:

(1) if the store is used as a dwelling of one or more persons (inhabited place); (2) if the store is located on the ground floor of the house belonging to the owner of the store, having an

interior entrance connected therewith, it being a dependency of an inhabited house. 302: if the store was not actually occupied at the time of the robbery and was not used as a dwelling since the owner lived in a separate house.

BRIGANDAGE v. ROBBERY IN A BAND

B and R: offenders from a band of robbers. B: purpose is one of the following:

(1) to commit robbery in the highway, or (2) to kidnap persons for the purpose of extortion or obtaining ransom, or (3) any other purpose to be attained by means of force or violence.

R: purpose is only to commit robbery, not necessarily in the highway. R: if the agreement among more than 3 armed men was to commt only a particular robbery. B: the mere formation of a band for any of the purposes stated is sufficient. R: it is necessary to prove that the band actually committed robbery, as a mere conspiracy to commit robbery is not punishable.


OCCUPATION OF REAL PROPERTY v. THEFT AND ROBBERY

O and TR: with intent to gain. O: occupation or usurpation. TR: taking or asportation. O: real property or real right. TR: personal property.

FRAUDULENT INSOLVENCY v. INSOLVENCY LAW

IL: requires for its application that the criminal act should have been committed after the institution of insolvency proceedings. FI: no such requirement, and it is not necessary that the defendant should have been adjudged bankrupt or insolvent.

ESTAFA WITH ABUSE OF CONFIDENCE v. THEFT

E: offender receives the thing from the offended party. T: offender takes the thing from the offended party. E: committed by a person who acquires the juridical possession of the thing upon receipt of the thing from the offended party and later misappropriates it. T: committed by a person who misappropriated the thing which he had received from the offended party only acquired the material or physical possession of the thing. E: when the owner does not expect the immediate return of the thing he delivered to the offender and the latter misappropriates it. T: when the owner expects an immediate return of the thing to him upon the delivery of the thing to the offender.

ESTAFA BY MEANS OF DECEIT v. THEFT

T: offender only has the physical possession of the thing transferred. E: offender has both the physical and juridical possession of the thing transferred. NOTE: It is not the presence or absence of the fraud or deceit.


ESTAFA WITH UNFAITHFULNESS (315, 1, a) OR ABUSE OF CONFIDENCE (315, 1, b) v. ESTAFA BY MEANS OF DECEIT (315, 2)

EU, EA, and ED: damage or prejudice to another party is necessary. EU: elements are:

(1) offender has an onerous obligation to deliver something of value, and (2) alters its substance, quantity or quality and damaged or prejudice is caused to another.

EA: elements are:

(1) money, goods or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same,

(2) act of: a. misappropriation, or b. conversion, or c. denial on offenders part of such receipt,

(3) to the prejudice of another, and (4) that offended party makes a demand to the offender.

ED: elements are:

(1) there must be a false pretense, fraudulent act or fraudulent means, (2) that such be made or executed prior to or simultaneously with the commission of the fraud, (3) that the offended party must have relied on such, that is, he was induced to part with his money or

property because of such, and (4) as a result of, the offended party suffered damage.

EA: not necessary for the offender to obtain gain. EA: only kind of estafa where demand may be required as the offender receives the thing from the offended party under a lawful transaction. ED: demand is not necessary because the offender obtains delivery of the thing wrongfully from the beginning.


ESTAFA BY PRETENDING TO HAVE GIVEN BRIBE (315, 2, c) v. CORRUPTION OF PUBLIC OFFICER

E: committed by any person who would ask money from another for the alleged purpose of bribing a government employee, when in truth and in fact the offender intended to convert the money to his own personal use and benefit. C: the offender really gives the money to the public officer.

ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENT v. FALSIFICATION

E: the offender must induce the offended party to sign the document. F: the offended party is willing and ready from the beginning to sign the document and there is deceit as to the character or contents of the document because the contents are different from those which the offended party told the accused to state in the document.

ESTAFA WITH ABUSE OF CONFIDENCE v. MALVERSATION

E and M: the offenders are entrusted with funds or property. E and M: continuing offenses. E: the funds or property are always private. M: the funds or property are usually public. E: offender is a private individual or a public officer not accountable for public funds or property . M: offender is a public officer accountable for public funds or property. E: committed by:

(1) misappropriating, or (2) converting, or (3) denying having received money, goods or other personal property.

M: committed by: (1) appropriating, or (2) taking, or (3) misappropriating, or (4) consenting, or (5) through abandonment or negligence, permitting any other person to take the public funds or property.

E (general): a policeman receives and misappropriates firearms not involved in the commission of a crime. M: a policeman receives and misappropriates firearms involved in the commission of a crime.


ESTAFA v. VIOLATION OF BP 22

E and B: notice of dishonor must be given to the person who issued the check.

To be liable for E, person who issued the check does not pay 3 days after receipt of notice of dishonor.

To be liable for B, a person who issued the check does not pay 5 days after receipt of notice of dishonor. Y

E: mala in se. B: mala prohibitum. E: crime against property. B: crime against public interest. E: deceit is an element. B: deceit is not an element. E: gravamen is the intent to defraud to gain. B: gravamen is the mere act of issuing a bum check. E: does not require knowledge of lack of insufficiency of funds in the drawee bank at the time of issuance of the check. B: requires knowledge of lack of insufficiency of funds in the drawee bank at the time of issuance of the check.

ESTAFA BY REMOVING, CONCEALING OR DESTROYING DOCUMENTS v. MALICIOUS MISCHIEF

E: the act of destroying court record is with intent to defraud. M: no intent exists.


ESTAFA BY REMOVING, CONCEALING OR DESTROYING DOCUMENTS v. INFIDELITY IN THE CUSTODY OF DOCUMENTS

E and I: similar in the manner of committing the crime. E: offender is a private individual or a public officer not officially entrusted with the documents. I: offender is a public officer who is officially entrusted with the document. E: with intent to defraud. I: intent to defraud is not required.

ESTAFA IN ART. 315 (2) (a) v. ESTAFA IN ART. 316 (1)

315: property is a chattel/ personal/ movable or real/ immovable property. 316: property is a real/ immovable property. 315: sale of a non-existent land. 316: sale of an existing land. 316: covers a specific situation where the offender exercises or executes, as part of the false representation, some act of dominion or ownership over the property to the damage and prejudice of the real owner. 315: this circumstance need not be present.

REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY (319) v. DISPOSING OF REAL PROPERY AS FREE FROM ENCUMBRANCE (316, 1)

316: sells or pledges real property already subject to encumbrance. 319: sells or pledges personal property already subject to encumbrance.

SIMPLE ARSON UNDER PD 1613 v. DESTRUCTIVE ARSON IN ART. 320

Difference in the nature lies in the degree of perversity or viciousness. DA: characterized as a heinous crime. SA: less significant social, economic, political and national security implications.

THEFT v. MALICIOUS MISCHIEF

T: if after damaging the property, the offender removes or makes use of the fruits or objects of the damage. M: no such intent exists.


QUALIFIED MALICIOUS MISCHIEF BY CAUSING DAMAGE TO OBSTRUCT THE PERFORMANCE OF PUBLIC FUNCTIONS v. SEDITION

S and QM: the intent to obstruct the performance of public functions is present. S: a public and tumultuous uprising must exist. QM: the element of public and tumultuous uprising is not present.

CRIMES INVOLVING DESTRUCTION (324) v. DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION (330)

324: the rails are removed from a railway track to cause destruction. 330: the rails are removed from a railway track to cause destruction. 324: object is to cause destruction. 330: object is to merely cause damage.

DAMAGES TO MEANS OF COMMUNICATION v. MURDER

DM: no intent to kill despite killing all passengers. (Arts. 4, par. 1 and 48 are applied) M: intent to kill is present and damaging the railways was the means to accomplish the criminal purpose. (murder can be committed by means of derailment under Art. 248, par. 3)

ABUSE AGAINST CHASTITY v. OFFENSES AGAINST CHASTITY

A: offender is a public officer. O: offender is often a private individual. A: a mere immoral or indecent proposal made earnestly and persistently is sufficient. O: it is necessary that some actual act of lasciviousness should have been executed.

ACTS OF LASCIVIOUSNESS v. GRAVE COERCION

A: the compulsion by beating a person is included in the constructive element of force in the crime. G: the compulsion is the very act constituting the offense.


ACTS OF LASCIVIOSNESS v. ATTEMPTED RAPE

AL and AR: The manner of committing both crimes is the same, that is:

a. force or intimidation is employed by means of fraudulent machination, or b. force or intimidation is employed by means of grave abuse of authority, or c. the offended party is deprived of reason or otherwise unconscious, or d. the offended party is under 12 years old, or e. the offended party is demented.

AL and AR: offended party is a person of either sex. AL and AR: performance of acts of lascivious character is common to both crimes. AL: the lascivious acts are themselves the final objective the offender sought. AR: the lascivious acts are but the preparatory acts to the commission of rape. AL: If the acts performed by the offender clearly indicate that his purpose was to lie with the offended woman.

ACTS OF LASCIVIOUSNESS v. UNJUST VEXATION

AL: when the accused not only kissed and embraced the complainant, but fondled her breast with the particular design to independently derive vicarious pleasure therefrom, the element of lewd designs exists. UV: when the accused merely kissed and embraced the complainant, either out of passion or other motive, touching the girls breast as a mere incident of the embrace. AL: the act of the accused in forcibly placing his hand between the legs of a 12 year old girl, or without force if she be under that age UV: where accused touched three times the private parts of the offended party over her panties, without employing any force or intimidation because it might have been committed merely to satisfy a silly whim.

QUALIFIED SEDUCTION v. RAPE

If any of the circumstances in rape is present, the crime is rape.


ACTS OF LASCIVIOUSNESS (336) v. ACTS OF LASCIVIOUSNES WITH THE CONSENT OF THE OFFENDED PARTY (339)

336 and 339: both treat of acts of lasciviousness. 336: offended party is either sex. 339: offended party is a woman. 336: the acts are committed under circumstance which, had there been carnal knowledge, would amount to rape. 339: the acts are committed under circumstances which, had there been carnal knowledge, would amount to either simple or qualified seduction. 336: by means of abuse of confidence. 339: by means of deceit.

FORCIBLE ABDUCTION v. GRAVE COERCION

FA and GC: offender used violation or intimidation and the offended party is compelled to do something against her will. FA: with lewd designs. GC: no lewd designs, provided there is no deprivation of liberty for an appreciable length of time.

FORCIBLE ABDUCTION v. CORRUPTION OF MINORS

FA: offender takes the woman to satisfy his own lust. CM: offender takes the woman to satisfy the lust of another person.

KIDNAPPING AND SERIOUS ILLEGAL DETENTION v. ABDUCTION

K and A: there is deprivation of liberty. K: no lewd design. A: with lewd design.


ACTS OF LASCIVIOUSNESS v. FORCIBLE ABDUCTION

AL: the lecherous acts must have actually been committed. FA: intent to seduce is sufficient. AL: offended party may be of either sex. FA: offended party must be a woman.

ABANDONMENT OF MINOR AS AGAINST SECURITY (276) v. ABANDONMENT OF MINOR AS AGAINST THE CIVIL STATUS OF PERSON (347)

276 and 347: leaves a child abandoned. 276: offender must be one who has the custody of the child. 347: offender is any person. 276: the purpose of the offender is to avoid the obligation of rearing and caring for the child. 347: the purpose is to cause the child to lose its civil status.

SLANDER BY DEED v. ACTS OF LASCIVIOUSNESS

SD: if the offended party suffered from shame or humiliation caused by the maltreatment.

UNJUST VEXATION v. SLANDER BY DEED v. ACT OF LASCIVIOUSNESS

UV, SD, AL: presence of irritation or annoyance. UV: without any other concurring factor because it is equated with anything that annoys or irritates another without justification. SD: there is attendant publicity and dishonor or contempt. AL: any of those circumstances provided in Art. 335.


INCRIMINATING AN INNOCENT PERSON v. PERJURY BY MAKING FALSE ACCUSATION

I: committed by performing an act by which the offender directly incriminates or imputes to an innocent person the commission of a crime. P: the gravamen of the offense is the imputation itself, falsely made, before an officer. I: limited to the act of planting evidence and the like, in order to incriminate an innocent person. P: it is the giving of false statement under oath or the making of a false affidavit, imputing to a person the commission of a crime.

INCRIMINATORY MACHINATIONS v. DEFAMATION

IM: offender does not avail himself of written or spoken words in besmirching the victims reputation. D: offender avails himself of written or spoken words in besmirching the victims reputation. D: the imputation made by the offender must be public and malicious, and, besides, must be calculated to cause the dishonor, discredit or contempt of the aggrieved party. IM: such is not present here.

SLANDER v. INTRIGUING AGAINST HONOR

S: committed when the source of the information can be pinpointed and definitely determined. I: committed when the source or the author of the derogatory information cannot be determined and the defendant borrows the same and, without subscribing to the truth thereof, passes it to others.

SLANDER BY DEED v. INTRIGUING AGAINST HONOR

Both do not avail directly of written or spoken words, pictures or caricatures to ridicule his victim but of some ingenious, crafty and secret plot, producing the same effect.

INCRIMINATING AN INNOCENT PERSON v. INTRIGUING AGAINST HONOR

II: offender performs an act by which he directly incriminates or imputes to an innocent person the commission of a crime. IH: offender resorts to an intrigue for the purpose of blemishing the honor or reputation of another person.


DEFAMATION v. INTRIGUING AGAINST HONOR

D: committed by publicly and maliciously imputing a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead. I: committed by means which consists of some trickery and secret plot.

INTENTIONAL CRIMES v. NEGLIGENCE OR IMPRUDENCE

IC: what is punished is the act itself. NI: what is punished is the mental attitude or condition behind the act, the dangerous recklessness, lack of care or foresight.

IMPRUDENCE v. NEGLIGENCE

I: indicates a deficiency in action; a failure of precaution. N: indicates a deficiency in perception; a failure in advertence.

RECKLESS IMPRUDENCE v. FORCE MAJEURE

RI: his failure to use reasonable care to prevent injury where immediate personal harm or damage to property, preventable by the exercise of reasonable care, is threated upon another by reason of the course of conduct about to be pursued by the actor. FM: an event which cannot be foreseen, or which being foreseen is inevitable. it implies an extraordinary circumstance independent of the will of the actor.

Documents

Criminal Law 2.Terms and Comparisons